February 20, 2006

 

A regular meeting of the City Council was held on Monday, February 20, 2006, 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, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 13, 2006 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

WALK FOR WARMTH

Communications Coordinator Libby Richart introduced Christie Waldie, outreach coordinator for Mid Michigan Community Action Agency who spoke regarding the Walk for Warmth Day event.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 25, 2006 as Walk for Warmth Day in Midland.  (Motion ADOPTED.)  Mayor Johnson presented the proclamation to Christie Waldie.

 

SERVICE SECTOR AGREEMENT REPORT

Mayor Johnson introduced Midland Area Chamber of Commerce President Sid Allen who made a presentation on activities related to the Service Sector Agreement between the City of Midland and the Midland Area Chamber of Commerce.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the February 20, 2006 Midland Area Chamber of Commerce report on activities related to the Service Sector Agreement between the City of Midland and the Midland Area Chamber of Commerce is hereby accepted and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, spoke regarding the recent ice storm and the need to trim trees and branches that grow into the power lines.

 

DDA DISTRICT BOUNDARIES / TIF PLAN & DEVELOPMENT PLAN AMENDMENTS

Downtown Development Authority Executive Director Christin O’Callaghan introduced the second reading of an ordinance to amend the Downtown Development Authority District Boundaries.  She also spoke on the ordinance amendment for the Downtown Development Authority Tax Increment Financing Plan.  A public hearing on the boundary amendment and the Tax Increment Financing Plan opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:30 p.m.  The following two ordinance amendments were then presented for consideration:

 

DDA DISTRICT BOUNDARIES AMENDMENT

The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1610

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.  (Ordinance ADOPTED.)

 

DDA TIF PLAN & DEVELOPMENT PLAN NO. 1

The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1611

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.  (Ordinance ADOPTED.)

 

RFP FOR CIVIC ARENA

Assistant City Manager Jon Lynch presented a report on responses received to the City’s request for redevelopment proposals regarding the Midland Civic Arena.  Formal presentations for the two proposals received will be made at the March 20th City Council meeting. 

Endeavor Properties Project Development/Manager Bill Waterman, 2320 E. Old Pine Trail, spoke regarding the proposal submitted by Endeavors Properties.

Villas at Central Park LLC Member Gary Bartow spoke regarding the proposal submitted by Villas at Central Park.

Dottie Lengerman, 405 E. Nelson, spoke regarding her concerns about the sale of Central Park for private development. 

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

 

WHEREAS, on August 22, 2005 the Midland City Council received and filed a report on the potential use of the Midland Civic Arena; and

WHEREAS, Council requested that the community be provided an opportunity to investigate and produce redevelopment proposals for the Arena; and

WHEREAS, a Request for Proposals was utilized to solicit, quantify, and evaluate interest in such redevelopment projects; and

WHEREAS, responses to the Request for Proposals were due on February 7, 2006; and

WHEREAS, two proposals and one letter were received; now therefore

RESOLVED, that the Midland City Council hereby receives proposals from Endeavor Properties and The Villas at Central Park, LLC; and

RESOLVED FURTHER, that these two respondents will be invited to formally present their proposals to the City Council during the regular meeting of March 20, 2006 and that residents within 300’ of the Civic Arena Property shall be notified of the presentation date.  (Motion ADOPTED.)

 

MEETING IN A BOX PROCEDURE

Assistant City Manager Jon Lynch spoke regarding the Master Plan Update process and detailed the Meeting in a Box program.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the Midland City Council hereby receives and files a report on the procedure for Meetings in a Box.  (Motion ADOPTED.)

 

2006 ANNUAL SIDEWALK REPORT

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

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2006 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

2006-07 CONSTRUCTION PROJECT PRIORITIES LIST

City Engineer Brian McManus presented the 2006-07 Construction Project Priorities List.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2006-2007 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; now therefore

RESOLVED, that City Council hereby approves said proposed construction project listing for 2006-2007 and directs the administration to include funding requests for the proposed projects in the 2006-2007 budget; and

RESOLVED FURTHER, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion ADOPTED.)

 

REGIONAL TRAVEL DEMAND MODEL – FUTURE DATA

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

 

WHEREAS, the Michigan Department of Transportation (MDOT) is currently working on developing a regional travel demand model that will include Midland, Bay and Saginaw Counties; and

WHEREAS, MDOT has been working with city staff to create and review the inputs for Midland’s portion of the model; and

WHEREAS, the Planning Commission has submitted its recommendation of approval to accept the future data; now therefore

RESOLVED, that the City Council approves the future socio-economic data submitted for the City of Midland for use in the regional travel demand model.  (Motion ADOPTED.)

 

BROWNFIELD REDEVELOPMENT AUTHORITY

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

 

RESOLVED, that the following members of the Brownfield Redevelopment Financing Authority are hereby reappointed:

Jenee Velasquez

David Dunn

David Ramaker

John Bartos

; and

RESOLVED FURTHER, that Scott Walker is hereby appointed to the Brownfield Redevelopment Financing Authority for a term expiring December 1, 2007.  (Motion ADOPTED.)

 

FIRE STATION ONE REMODEL CONTRACT – CHANGE ORDERS

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

 

WHEREAS, on December 19, 2005 approval was given for the remodel of Fire Station #1; and

WHEREAS, DCM Construction submitted a change order in the amount of $2810 for specified changes; and

WHEREAS, the original plan needed to be altered along with possible additional changes; now therefore

RESOLVED, that the City Manager is hereby authorized and directed to execute change orders up to  $10,000 on behalf of the City of Midland.  (Motion ADOPTED.)

 

SEWERGEMS SEWER MODELING SOFTWARE

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

 

WHEREAS, the City Engineer has presented a report that recommends purchase of SewerGEMS sewer modeling software from Bentley Systems, Inc.; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, City Council authorizes the Purchasing Agent to issue a purchase order to Bentley Systems, Inc. in the amount of $24,475.00 for said software.  (Motion ADOPTED.)

 

MICHIGAN GRANT AGREEMENT – QVF UPGRADE

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

 

WHEREAS, the State of Michigan has issued a Grant Agreement for the receipt of federal financial assistance provided to the State under the provisions of Title II, Section 251, of the Help America Vote Act (HAVA), to upgrade the Qualified Voter File infrastructure to meet the digitized signature objectives of Michigan’s HAVA State Plan; now therefore

RESOLVED, that the Midland City Clerk is authorized to sign said grant application and all future similar grant applications from the State on behalf of the City of Midland, Midland County.  (Motion ADOPTED.)

 

2005-06 DART PROPOSED BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., March 6, 2006 in the Council Chambers of City Hall on the proposal to amend the 2005-06 budget of the Dial-A-Ride Fund to recognize unanticipated revenues from Federal and State grants and provide additional appropriations for the purchase of two Dial-A-Ride buses. (Motion ADOPTED.)

 

2005-06 CDBG PROPOSED BUDGET AMENDMENT

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, March 6, 2006, at 7:00 p.m. in the Council Chambers, City Hall, for the


purpose of considering an amendment to the Community Development Block Grant Budget for the City of Midland for fiscal year 2005-06 by transferring $55,000 from “Zero-Interest, Deferred-Payment Loans” to “Acquisition of Property” for the CHOICE Housing Program.  (Motion ADOPTED.)

 

2005-06 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, March 6, 2006, in the Council Chambers of City Hall on the proposal to amend the Major Street Maintenance Fund’s 2005-06 budget to recognize $52,500 of additional county road millage, and $198,825 of unanticipated revenues from area foundations, and to increase appropriations by $251,325 to transfer additional funds to the Major Street Construction Fund.  (Motion ADOPTED.)

 

MIDLAND EXPLORERS BOOSTERS GAMING LICENSE

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

 

RESOLVED, that the request from Midland Explorers Boosters of the City of Midland, county of           Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)                                              .

 

Being no further business the meeting adjourned at 8:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk