November 8, 2004

 

A regular meeting of the City Council was held on Monday, November 8, 2004, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the October 25, 2004 regular meeting was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

2004-05 GENERAL FUND BUDGET AMENDMENT – PERSONAL PROPERTY AUDITOR

City Assessor Reid Duford presented information on a budget amendment to the 2004-05 General Fund budget to recognize an increase in revenues as a result of a State grant to help fund contracted third-party personal property tax audits and a related decrease in expenditures associated with the audits.  Bob Brandmier, from the auditing firm of Tax Management Associates, Inc., spoke regarding the audits and responded to Council questions. 

A public hearing for both the General Fund budget amendment and the contract with Tax Management Associates, Inc. opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Section 11.4 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on the proposal to amend the General Fund’s 2004-05 budget to recognize $75,000 in State Grant revenue to help fund contracted third-party personal tax audits, and $75,000 in related expenditures associated with contracted personal property tax audits; now therefore

RESOLVED, that the General Fund’s 2004-05 budget is amended to recognize $75,000 in State Grant revenue to help fund contracted third-party personal tax audits, and $75,000 in related expenditures associated with contracted personal property tax audits.  (Motion ADOPTED.)

 

CONTRACTED PROFESSIONAL PERSONAL PROPERTY AUDITING SERVICES

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City desires to enter a contract with Tax Management Associates, Incorporated for purposes of providing contractual professional services to the City of Midland; and

WHEREAS, in accordance with Section 2-19 of the City of Midland Code of Ordinances, no sealed proposals were required for this contract for professional services; and

WHEREAS, subsequent to a Council resolution on October 27, 2003, the State of Michigan awarded a $75,000 personal property auditing grant to the City of Midland, on August 4, 2004; and

WHEREAS, the State of Michigan will reimburse the City of Midland for costs up to $75,000 toward professional personal property auditing services rendered from Tax Management Associates, Incorporated; and

WHEREAS, this reimbursement is contingent upon, and proportional to, the City covering costs up to $50,000 toward contractual professional personal property auditing services rendered from Tax Management Associates, Incorporated; now therefore

RESOLVED, that the Council authorizes the Mayor and City Clerk to enter into a contract, as reviewed by the City Attorney, with Tax Management Associates, Incorporated for contractual professional services.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, spoke regarding Project Tea Cup, an idea she has for helping provide public transportation for persons who don’t drive and do not have transportation. 

Paula Jurado, 4623 Washington Street, made a request that minutes of the MBS International Airport Commission be placed on the City of Midland website.

 

FINAL DRAFT OF ZONING ORDINANCE

Assistant City Manager Jon Lynch presented the final draft of the new Zoning Ordinance to regulate the development and use of land within the City of Midland effective January 1, 2005.  The following ordinance was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1585

AN ORDINANCE TO REPEAL ORDINANCE NO. 727 AND TO CREATE A NEW ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP.

The City of Midland Ordains:

Section 1.  That a new Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby created to read as follows:

            (The full September 20, 2004 version of the new zoning ordinance is inserted here in the City Clerk’s version of the ordinance.)

Section 2.  That the Zoning Map of Ordinance No. 1585, dated September 20, 2004, of the City of Midland is hereby adopted.

Section 3.  That Ordinance 727 and all its subsequent amendments are hereby repealed.

Section 4.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only

to the extent necessary to give this Ordinance full force and effect.

Section 5.  This Ordinance shall take effect January 1, 2005.  (Ordinance ADOPTED.)

 

SITE PLAN NO. 243

Assistant City Manager Jon Lynch introduced Site Plan No. 243 for Kutchey’s Flowers and Site Plan No. 244 for Tractor Supply Company on property located east of Eastman Avenue and south of Commerce Drive.  Kim Donaghy of Spicer Engineering spoke for both developments.  Norma Short appeared on behalf of Pam Kutchey of Kutchey’s Flowers.  Councilman Rokosz moved, seconded by Councilman Myers, to amend the resolution to require the installation of a deceleration taper as recommended by the City’s Traffic Consultant.  The following resolution was offered:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 243, the request of Kutchey’s Flowers to construct a 11,280 square foot retail building on 1.96 acres located east of Eastman Avenue and south of Commerce Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 243 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 243, contingent upon the following:

1.         Storm water detention plans are reviewed and approved by the City of Midland Engineering Department.

2.         Illumination is not cast off site.

3.         Parking on the driveway connecting Eastman Avenue to Commerce Court must be prohibited.

4.         Installation of deceleration taper as recommended by City’s Traffic Consultant.

(Motion ADOPTED.)

 

SITE PLAN NO. 244

Councilman Rokosz moved, seconded by Councilman Myers, to amend the resolution to require the installation of a deceleration taper as recommended by the City’s Traffic Consultant.  The following amended resolution was offered:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 244, the request of Tractor Supply Company to construct a 22,792 square foot retail building on 2.95 acres located east of Eastman Avenue and south of Commerce Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 244 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 244, contingent upon the following:

1.         Storm water detention plans are reviewed and approved by the City of Midland Engineering Department.

2.         Illumination is not cast off site.

3.         The southwest curb cut is restricted to exit only traffic.

4.         A copy of the easement providing access to the through driveway and associated parking spaces is provided prior to issuance of a building permit.

5.         Installation of deceleration taper as recommended by City’s Traffic Consultant.

(Motion ADOPTED.  Yeas:  Black, McKeag, Myers, Rokosz   Nays:  Johnson)

 

ANNEXATION FROM HOMER TWP (SOVA PROPERTY)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN SEC 1 T14N R1E COMMENCING 1326.37 FEET W AND 1072.5 FEET S OF N ¼ COR, TH E 165 FT, N 407.92 FT, N 57D 38M E 219.19 FEET, S 56D 58M E 70 FEET, S 552.58 FT, W 405.63 FEET N 56.82 FEET.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

AGREEMENT BETWEEN MDOT, CITY & MIDLAND AREA COMMUNITY FOUNDATION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a Michigan Department of Transportation (MDOT) Agreement No. 2004-0562 has been submitted to the City of Midland by the Michigan Department of Transportation for exchange of state owned excess property for the final phase of the Eastman Road interchange project; and

WHEREAS, the Midland Area Community Foundation agrees to construct a portion of the final phase of the project along US-10 at a minimum value of $366,500; and

WHEREAS, MDOT agrees to donate a parcel of property to the City currently used as a park and ride lot; and

WHEREAS, the City of Midland agrees to convey to MDOT a parcel of vacant land to be used as the new park and ride lot; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Agreement No. 2004-0562 and authorizes the Mayor to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

2004 EASTMAN AND JEFFERSON WIDENING CONSTRUCTION STAKING & ENGINEERING INSPECTION SERVICES

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, staffing levels within the Engineering Department during the Eastman and Jefferson Widening project required that professional services for construction staking, engineering inspection and oversight of said project be obtained from a consultant; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project is provided by the Major Street Fund; now therefore

RESOLVED, that the services provided by Wilcox Professional Services, LLC of Saginaw, Michigan, with a total cost of $45,120.00, is hereby approved, and the Purchasing Agent is authorized to issue a purchase order for said services.   (Motion ADOPTED.)

 

BARSTOW AIRPORT ELECTRICAL VAULT – MDOT CONTRACT NO. 2005-0021

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a proposed Contract No. 2005-0021 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the construction of an electrical vault at Barstow Airport; and

WHEREAS, the total estimated cost of the project is $73,000 and a State grant is providing 90% ($65,700) and the City of Midland General Fund is providing 10% ($7,300); and

WHEREAS, the City of Midland is desirous of having said electrical vault constructed and separated from the new terminal building; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2005-0021 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

2004 GEORGE STREET BASIN SEWER IMPROVEMENTS; CHANGE ORDER NO. 3

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS,  the new George Street Storm Sewer outlets into the existing 72” sewer from Mill Street to the State Street sewer outlet structure, which has not been used for over twelve years; and 

WHEREAS, inspection of the bank of the Tittabawassee River near the State Street storm sewer outlet structure has found excessive erosion exists along the river bank and needs to be protected from future erosion by the installation of erosion control fabric and an 18” thick layer of stone; and

WHEREAS, Ric-Man Construction, Inc. is completing the 2004 George Street Basin Sewer Improvements for the City of Midland and proposes to complete the installation of the required erosion control measures at a cost of $34,200; and

WHEREAS, funding for this work is available in the George Street Basin Sewer Improvements Project (ST0301); now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 3 to the “2004 George Street Basin Sewer Improvements” contract in the amount of $34,200.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:15 p.m.

 

 

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            Selina Tisdale, City Clerk