December 19, 2005

 

A regular meeting of the City Council was held on Monday, December 19, 2005, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers

Councilmen absent:

Joseph Rokosz

 

MINUTES

Approval of the minutes of the December 5, 2005 regular and December 12, 2005 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

DDA DISTRICT BOUNDARIES AND TIF PLAN & DEVELOPMENT PLAN NO. 1

Downtown Development Authority (DDA) Executive Director Christin O’Callaghan presented an amendment to Section 30-5 of the Code of Ordinances to amend the DDA District Boundaries and an amendment to the DDA Tax Increment Financing (TIF) Plan and Development Plan No. 1 as amended.  A public hearing opened at 7:15 p.m.  Larry Pillepich, citizen of Midland, objected to the DDA expanding its boundaries into Chippewassee Park.  Bob Rogowski, President of the Midland Downtown Business Association (MDBA), spoke in support of the DDA Boundary and TIF amendments.  Ryan Richards, 5017 Russell Street and Marketing Manager for Midland Tomorrow, spoke in support of the DDA Boundary and TIF amendments.  Christianna Schartow, 1911 Ivy Lane, spoke in support of the DDA efforts in downtown Midland.  Jim Stamas, General Manager of Pizza Sam’s, 102 W. Main Street, member of the DDA and MDBA, spoke in support of both amendments. Nancy Barker, 209 Revere Street, spoke in support of the amendments and complimented the DDA on its efforts to revitalize downtown Midland.  David Gray, Manager of Express Mart Food Stores, spoke in support of the DDA and its efforts in downtown Midland and encouraged Council to support the amendments.  Bill Barker, 209 Revere Street, spoke in support of both ordinance amendments.  John Reisner, Vice Chairman of the DDA, spoke in support of the DDA activities and the ordinance amendments.  The public hearing closed at 7:45 p.m.  The following two ordinance amendments were then presented for consideration:

 

DDA DISTRICT BOUNDARIES ORDINANCE AMENDMENT (1ST READING)

Introduction and first reading of the following ordinance amending the Downtown Development Authority District Boundaries was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 30-5 OF CHAPTER 30 THEREOF.

The City of Midland Ordains:

Section 1.        Sec. 30-5 of Chapter 30 is hereby amended to read as follows:

Sec. 30-5.  Description of downtown district.

The downtown district in which the authority shall exercise its powers as provided by Act 197 shall consist of the property in the city described as follows: 

That area located in the Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of Section 21, and the Northeast 1/4 of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the "Tridge," and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11, and 12 of Block 35, Carpenter and Hines Addition, AND “CHIPPEWASSEE PARK”[THAT AREA OF SECTIONS 17 AND 20 BOUNDED BY THE TITTABAWASSEE RIVER, CHIPPEWA RIVER, THE OLD CHANNEL OF THE CHIPPEWA RIVER AND M-20 HIGHWAY RIGHT-OF-WAY; THIRTY-FIVE (35) ACRES MORE OR LESS] all within the City of Midland, Midland County, Michigan, subject to such changes as may hereinafter be made pursuant to this ordinance and Act 197.

Section 2.        This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

DDA TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PLAN NO. 1

Introduction and first reading of the following ordinance amending the Downtown Development Authority Tax Increment Financing Plan and Development Plan No. 1 as amended was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. ____

ORDINANCE APPROVING AMENDMENTS TO TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PLAN NO. 1 FOR THE

CITY OF MIDLAND DOWNTOWN DEVELOPMENT AUTHORITY

WHEREAS, the City of Midland Downtown Development Authority (the “Authority”) has previously prepared and approved a Tax Increment Financing Plan and Development Plan No. 1, as amended (the “Original Plan”), which was approved by the City Council (the “City Council”) of the City of Midland (the “City”) pursuant to Ordinance No. 1184, originally adopted on December 4, 1989; and

WHEREAS, the Authority has prepared and recommended for approval an amendment attached hereto as Exhibit A (the “Plan Amendments”) to the Original Plan; and

WHEREAS, the City Council held a public hearing on December 19, 2005 on the Plan Amendments pursuant to Act 197, Public Acts of Michigan, 1975, as amended (the “Act”).

NOW, THEREFORE, THE CITY OF MIDLAND ORDAINS:

1.      Findings.

(a) The Original Plan as amended by the Plan Amendments meets the requirements set forth in section 17(2) of the Act and the tax increment financing authority plan portion of the Original Plan as amended by the Plan Amendments meets the requirements set forth in section 14(2) of the Act.

 (b) The proposed method of financing the development is feasible and the Authority has the ability to arrange the financing.

 (c) The development is reasonable and necessary to carry out the purposes of the Act.

 (d) Any land included within the Development Area to be acquired is reasonably necessary to carry out the purposes of the Act.

(e)  The Original Plan as amended by the Plan Amendments is in reasonable accord with the master plan of the City.

 (f)  Public services, such as fire and police protection and utilities, are or will be adequate to service the Development Area.

 (g) Changes in zoning, streets, street levels, intersections, and utilities, to the extent required by the Amended Plan as amended by the Plan Amendments, are reasonably necessary for the Amended Plan as amended by the Plan Amendments and for the City.

2.      Public Purpose.  The City Council hereby determines that the Original Plan as amended by the Plan Amendments constitutes a public purpose.

3.      Best Interest of the Public.  The City Council hereby determines that it is in the best interests of the public to halt property value deterioration, increase property tax valuation, eliminate the causes of the deterioration in property values, and to promote growth in the Downtown District to proceed with the Original Plan as amended by the Plan Amendments.

4.      Approval and Adoption of Plan Amendments.  The Plan Amendments are hereby approved and adopted.  A copy of the Original Plan, the Plan Amendments and all later amendments thereto shall be maintained on file in the City Clerk’s office.

5.      Amendment to Ordinances; Conflict and Severability.  Ordinance Nos. 1184 and 1231 of the Original Plan, as amended, are hereby amended by this Ordinance.  All ordinances, resolutions and orders or parts thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed, and each section of this Ordinance and each subdivision of any section thereof is hereby declared to be independent, and the finding or holding of any section or subdivision thereof to be invalid or void shall not be deemed or held to affect the validity of any other section or subdivision of this Ordinance.

6.      Paragraph Headings.  The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be a part of the Ordinance.

7.      Publication and Recordation. This Ordinance shall be published in full promptly after its adoption in the Midland Daily News, a newspaper of general circulation in the City, qualified under State law to publish legal notices, and shall be recorded in the Ordinance Book of the City, which recording shall be authenticated by the signature of the City Clerk.

8.      Effective Date.  This Ordinance is hereby determined by the City Council to be immediately necessary for the interests of the City and shall be in full force and effect from and after its passage and publication as required by law.

(Motion ADOPTED.  Considered first reading.)

 

2005-06 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Martin McGuire presented an amendment to the 2005-06 Equipment Revolving Fund budget for Capital Outlay for the replacement of a wrecked police patrol car.  A public hearing opened at 7:55 p.m., recognizing no public comments, the hearing closed at 7:56 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, December 19, 2005 on the proposal to amend the 2005-06 financial working plan of the Equipment Revolving Fund to recognize the unanticipated expense of replacing police patrol unit #1-56 that was totaled in an accident in October and to recognize the resulting unanticipated revenue from insurance proceeds; and

WHEREAS, there are sufficient funds in the Equipment Revolving Fund working capital account to cover the remaining cost of the replacement vehicle; now therefore

RESOLVED, that the 2005-06 financial working plan of the Equipment Revolving Fund is hereby amended to increase expenses by $22,000 for the purchase of a new police cruiser, and to increase revenues by $12,405 to recognize the insurance money recovered for the wrecked vehicle.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2005 LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

City Clerk/Community Relations Director Selina Tisdale presented a resolution that would reject the 2005 Local Officers’ Compensation Commission’s determinations as filed on November 22, 2005 and presented to Council on December 5, 2005.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation Commission has duly met and approved its 2005 Local Officers’ Compensation Commission Determinations; and

WHEREAS, said determinations were officially filed by the Chairman of the Local Officers’ Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on November 22, 2005; and

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances the determinations made by the Local Officers’ Compensation Commission shall become effective on December 22, 2005 unless said determinations are rejected by a 4/5 vote of the City Council; and

WHEREAS, copies of the 2005 Determinations of the Local Officers’ Compensation Commission were on file in the Government Information Center of the Grace A. Dow Memorial Library and the Midland City Clerk’s Office for public review; and

WHEREAS, the City Council, on December 19, 2005, heard public comments regarding the Local Officers’ Compensation Commissions’ 2005 Determinations; now therefore

RESOLVED, after hearing public comments the Midland City Council hereby rejects the 2005 Determinations of the Local Officers’ Compensation Commission.  (Motion DENIED.  Yeas:  Adams   Nays:  Johnson, McKeag, Myers)

 

EASTMAN AVENUE TRAFFIC STUDY – PROJECT GIVENS FOR THE PUBLIC PROCESS

City Clerk/Community Relations Director Selina Tisdale presented for council consideration and adoption the project givens for the Eastman Avenue Traffic Study.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on December 12, 2005 Council received a report from the traffic engineering firm DLZ of Michigan, Inc., which included three improvement alternatives for Eastman Avenue from Wackerly Street north to Commerce Drive and adopted a public process to obtain citizen input to help advise the City Council on the best alternative for improving Eastman Avenue; and

WHEREAS, an important part of this public process is for Council to adopt a list of Project Givens that establish discussion boundaries and identify, up front, those things that are not up for public discussion; those things that the governing body would be irresponsible in letting the public decide or determine; now therefore

RESOLVED, that Midland City Council hereby adopts the following Project Givens for the public process of the Eastman Avenue Traffic Study: 

·         Selection of the “Postpone” alternative for Eastman Ave. means that traffic congestion along the Eastman Avenue corridor, specifically between Wackerly Street and Commerce Drive, will continue to worsen, as presented by the traffic engineer, until it becomes unmanageable by or before 2026, depending on the rate of commercial growth in that area.  If the postpone option is selected, City Council will revisit the Eastman Avenue traffic issue in 2011 or sooner.

·         Improvements to Joe Mann Boulevard and the Jefferson Ave. / Wackerly St. intersection will be considered once the Eastman Ave. preferred alternative has been identified.  As opportunities arise in the meantime, the city will proceed with acquiring rights of way that will be necessary for traffic improvements in these areas.

·         Property owners along Eastman Avenue, Joe Mann Boulevard and Jefferson Avenue cannot be denied their rights to develop their properties.

·         Any design solution to Eastman Avenue must meet approved design standards and be consistent with safety and traffic engineering principles.

·         All proposed Eastman Avenue improvements from Airport Road south must ultimately be approved by the Michigan Department of Transportation, which has jurisdiction over Eastman Avenue in this area.

·         After completion of the public involvement process, the City Council will make the final decision on whether and how to proceed with improving traffic issues on Eastman Avenue from Wackerly Street to Commerce Drive.

(Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-05-16

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

 

RESOLVED, that Traffic Control Order No. P-05-16 filed October 3, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the west side of Swede Avenue from 250 feet north of Haley Street to 250 feet south of Eastlawn Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-09

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

 

RESOLVED, that Traffic Control Order No. S-05-09 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Midfield Lane shall stop for Joseph Drive, and that TCO S-03-11 shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-10

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

 

RESOLVED, that Traffic Control Order No. S-05-10 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Soccer Drive shall stop for Diamond Drive, and that TCO S-03-08 shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

FINANCIAL STATEMENTS FOR QUARTER ENDING SEPTEMBER 30, 2005

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

 

RESOLVED, that the quarterly operating statements of the City of Midland, for the quarter ended September 30, 2005, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

NATIONWIDE DEFERRED COMPENSATION PROGRAM – FIRE FIGHTERS

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

 

WHEREAS, the City of Midland (“The City”) has previously established a deferred compensation plan administered by the ICMA Retirement Corporation, which is available to all eligible employees pursuant to Section 457 of the Internal Revenue Code; and

WHEREAS, as part of the negotiated settlement of the current collective bargaining agreement with the Midland Professional Fire Fighters (the “Firefighters”), the Firefighters requested that the City add Nationwide Retirement Solutions (“Nationwide”) as an alternate deferred compensation plan; and

WHEREAS, the City has agreed to the Firefighters request to add Nationwide as a second deferred compensation plan pursuant to Section 457 of the Internal Revenue Code; and

WHEREAS, the Nationwide program shall only be available to the Firefighters; and

WHEREAS, by adopting the Nationwide program, all regulatory, operational, and administrative responsibilities related to this program are hereby assumed by Nationwide on behalf of the City; now therefore

RESOLVED, the City of Midland hereby establishes the Nationwide Deferred Compensation Program to be made available only to the Midland Professional Fire Fighters bargaining group; and

RESOLVED FURTHER, Nationwide is hereby authorized to execute individual participation agreements with each Firefighter requesting the same, and approves Nationwide to act as the Administrator of the plan; and

RESOLVED FURTHER, the City’s Director of Human Resources shall be approved to execute, for the City, the necessary agreements as approved by the City Attorney, with Nationwide to implement the plan.  (Motion ADOPTED.)

 

TRAFFIC CONSULTING SERVICES FOR 2006

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

 

WHEREAS,  the City of Midland desires to have traffic consulting services performed by the firm of Reid, Cool & Michalski, Inc. of Livonia, Michigan in accordance with the attached proposal;  and

WHEREAS, Ordinance Section 2-19, Securing Professional Services provides that “No sealed proposals shall be required for the purchases of contracts for professional services”; and

WHEREAS, funding for these consulting services is provided in the Major Street Fund Budget; now therefore

RESOLVED, that the attached proposal submitted by Reid, Cool & Michalski, Inc. for traffic consulting services for 2006, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for said services in the amount of $30,000; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

FIRE STATION #1 REMODEL PROJECT

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

 

WHEREAS, on November 22, 2005 bids were received from various construction companies for the remodel of Fire Station #1; and

WHEREAS, DCM Construction submitted a bid for the specified remodel; and

WHEREAS, the bid submitted is within the budget for the remodel project; now therefore

RESOLVED, that the City Council authorizes the Purchasing Agent to issue a Purchase Order in the amount of $122,715 to DCM Construction Inc., the lowest responsive, responsible vendor, for the required remodels.  (Motion ADOPTED.)

 


CLOSED SESSION

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

 

RESOLVED, that in accord with Section 8(h) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four (4) affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consider material exempt from discussion or disclosure by state or federal statute in connection with a written opinion by the City Attorney as an Attorney-Client privilege document.  (Motion ADOPTED by a Roll Call Vote.)

 

Being no further business the meeting adjourned at 8:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk