A regular meeting of the City
Council was held on
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
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
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
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
PUBLIC COMMENTS
Fay Wood,
Paula Jurado,
FINAL DRAFT OF ZONING ORDINANCE
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
Section 1. That
a new Zoning Ordinance being Ordinance No. 1585 of the City of
(The full
Section 2. That
the Zoning Map of Ordinance No. 1585, dated
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
SITE PLAN NO. 243
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
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
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
AGREEMENT BETWEEN MDOT, CITY &
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
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.)
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
RESOLVED, that the City Council hereby approves the proposed Michigan
Department of Transportation Contract No. 2005-0021 and authorizes the Mayor
and City
2004
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
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Selina Tisdale, City