November
12, 2007
A
regular meeting of the City Council was held on Monday, November 12, 2007, at
7:00 p.m. in the Council Chambers of City Hall.
Selina Tisdale, City Clerk, opened the council meeting and invited those
assembled to recite the Pledge of Allegiance to the Flag.
The
roll of those elected to the office of Councilman in each of the City’s wards
was then called:
Ward
I Thomas W. Adams – present
Ward
II Maureen Donker - present
Ward
III Hollis H. McKeag – present
Ward
IV Bruce A. Johnson – absent
Ward
V Joseph M. Rokosz – present
Selina
Tisdale then administered the Oath of Office to each Councilman.
Per
City Charter the Council at its first regular meeting following each regular
biennial city election shall select one of its members to serve as Mayor and
one of its members to serve as Mayor Pro Tem.
The Mayor shall be recognized as the executive head of the city and has
an equal voice and vote in the proceedings of the Council. The Mayor Pro Tem shall perform the duties
of the Mayor when, on account of absence from the city, disability, or
otherwise, the Mayor is temporarily unable to perform the duties of his
office. The Mayor Pro Tem shall preside
over the meetings of the Council at the call of the Mayor.
Selina
Tisdale, City
The
role of the Mayor was summarized and the
selection of the Councilman to that position was considered. Councilman McKeag moved, seconded by
Councilman Adams, that Bruce Johnson be selected as Mayor. The following resolution was then presented
for consideration:
RESOLVED,
that Bruce A. Johnson is hereby selected to serve as Mayor of the City of
Midland for the 2007-2009 term. (Motion
ADOPTED.)
The
selection of the Mayor Pro Tem was then considered. Councilman McKeag moved, seconded by
Councilman Rokosz, that Councilman Rokosz be named Mayor Pro Tem. A public ballot was used to collect
votes. Selina Tisdale, City
RESOLVED,
that Thomas W. Adams is hereby selected to serve as Mayor Pro Tem of the City
of Midland for the 2007-2009 term.
(Motion ADOPTED.)
Thomas W. Adams, selected by his peers to serve as Mayor Pro Tem,
accepted the gavel from Selina Tisdale, City Clerk.
Mayor
Pro Tem Adams then called for motions from Council to adopt Robert’s Rules of
Order to govern the Council proceedings, adopt rules in recognition of the
provisions of the Open Meetings Act, adopt rules in recognition of the
provisions of the Freedom of Information Act and called for balloting to
appoint councilmen to represent the City of Midland on the Midland Area
Emergency Medical Board, the MBS International Airport Commission, and as the
City of Midland’s Legislative Director.
The
following resolution was offered by Councilman Donker and seconded by
Councilman Rokosz:
RESOLVED,
that Robert’s Rules of Order Newly Revised edition, be and are hereby
adopted to govern, during the current term, the proceedings of the Midland City
Council. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
RESOLVED, that this resolution shall
supercede the
RESOLVED FURTHER, that the following
rules in recognition of the provisions of the Open Meetings Act are hereby
adopted:
1.
Addressing Council Meetings: Any person in attendance at a meeting of the
City Council may address the Council any time his remarks are germane to the
agenda item being discussed by the Council upon being recognized by the
presiding officer.
The
agenda of every regular council meeting of the City shall include one agenda
item described as either "public comment" or "new
business". The presiding officer
shall recognize any person in attendance at the meeting under the provisions of
these rules to speak under this agenda item on any subject upon which the
Council may properly and lawfully take action.
The
presiding officer shall recognize members of the public for reasonable periods
and under such conditions as the presiding officer may prescribe to prevent
disruption of the business of the Council.
The
presiding officer shall not permit members of the public to discuss matters not
germane to the agenda item being discussed nor shall the presiding officer
permit obscene or insulting comments, actions or printed material.
No
person shall be permitted to address the Council unless recognized by the
presiding officer and, upon such recognition, the person recognized shall speak
at the microphone provided, if any, and give his name and address and disclose
upon whose behalf he desires to address the Council if he is appearing in a
representative capacity.
2.
Meeting Notices: The City
Clerk is hereby authorized and directed to make a reasonable estimate of the
yearly cost of reproducing and mailing notices of all meetings of the City
Council and, on an individual yearly basis, meeting notices for any board,
commission, or committee of the City created by the ordinances of the City or
resolution of the City Council. Such
reasonable estimated costs shall be filed in the office of the Clerk and shall
be the charge made to a party making a written request for the same as provided
in Section 6 (1) of the Open Meetings Act.
However, no charge shall be made to
any newspaper or radio and television station requesting such notices nor shall
a charge be made to any party requesting meeting notices of the Council or of
any single board, commission or committee.
A charge shall be made to a party, other than the news media, requesting
annual notice for multiple types of meetings.
3.
Agendas: Agendas published
in advance and furnished to the City Clerk shall be provided to parties
entitled to notice of public meetings pursuant to Sections 6 (1) and (2) of the
Open Meetings Act and under the same provisions as part 2 above.
4.
Minutes: The City Clerk
shall determine the reasonable estimated cost of reproducing minutes of the
City Council's meetings and the minutes of any board, commission and committee
created by the ordinances of the City of resolutions of the City Council. Such reasonable estimates of cost, based on
four (4) cents per page plus the time required of the lowest paid, permanent,
full‑time clerical employee of the Clerk's Office to retrieve and
reproduce the requested minutes, calculated to the nearest one‑sixth of
the hourly wage rate, shall be filed in the Clerk's Office. There will be no charge for minutes when the
cost is five dollars ($5.00) or less. If
the request for copies of minutes exceeds a total cost of five dollars ($5.00),
the actual costs shall constitute the charge made pursuant to Section 9 of the
Open Meetings Act. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by Councilman
McKeag:
RESOLVED,
that the City of Midland hereby adopts the attached policy as its Freedom of
Information Act Policy; and
RESOLVED
FURTHER, that the attached documents shall be used to implement the FOIA
policy; and
RESOLVED
FURTHER, that the City Manager is hereby designated as the City of Midland’s
Freedom of Information Act Coordinator. (Motion
ADOPTED.)
Councilman
Rokosz moved, seconded by Councilman McKeag, to appoint Councilman Donker to the
Midland Area Emergency Medical Board.
The following resolution was then presented for consideration:
RESOLVED,
that Maureen Donker be designated and is appointed as the City Council’s
representative for the duration of his current term of office to the Midland
Area Emergency Medical Board. (Motion
ADOPTED.)
Councilman
Donker moved, seconded by Councilman Rokosz, to appoint Councilman McKeag to
the MBS International Airport Commission. The following resolution was then
presented for consideration:
RESOLVED,
that Hollis McKeag be designated and is appointed as the City Council’s
representative for the duration of his current term of office to the Board of
the MBS International Airport Commission.
(Motion ADOPTED.)
Councilman
Donker moved, seconded by Councilman McKeag, to appoint Councilman Rokosz as
the City of Midland’s Legislative Director.
The following resolution was then presented for consideration:
RESOLVED,
that Joseph M. Rokosz be designated and is appointed as the City Council’s
representative for the duration of his current term of office as the City of
Midland’s Legislative Director. (Motion
ADOPTED.)
Councilman
Rokosz asked that the City Council minutes of October 22, 2007 be corrected to
reflect Mayor Johnson presented the Homeless Awareness Week Proclamation. Approval of the corrected minutes of the October
22, 2007 regular meeting was offered by Councilman Rokosz and seconded by
Councilman Donker. (Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Janine Ouderkirk, Chief Executive Officer
of Family and Children’s Services. The following resolution was offered by
Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED, that the Mayor is authorized to issue the attached
Proclamation of Recognition designating
the week of November 18-24,
Director
of Public Services Karen Murphy introduced an amendment to the 2007-08 Golf
Course & Equipment Revolving Fund budgets for the purchase of a Fairway
Mower for the Golf Course and the purchase of a Toro Reelmaster 6700-D Fairway
Mower. A public hearing on both items
opened at 7:35 p.m., recognizing no comments, the hearing closed at 7:35
p.m. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Rokosz:
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 on Monday, November 12,
WHEREAS, said public hearing also concerned the proposal to amend the
Equipment Revolving Fund’s
RESOLVED, that the
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, bids for grounds keeping equipment are solicited by the State
of Michigan and the City of Midland is authorized to make purchases from this
program; and
WHEREAS, sufficient funding for the purchase of a Toro Reelmaster
RESOLVED,
that the Purchasing Agent is authorized to issue a purchase order to the State
of Michigan’s selected vendor, Spartan Distributors, Inc. of Sparta, Michigan
in the amount of $49,926.72 for the purchase of a Toro Reelmaster
No
public comments were made.
Fiscal
Services Director David Keenan presented an ordinance amending Chapter 2,
Article XIII, of the City Code of Ordinances to provide Payment in Lieu of
Taxes (PILOT.) on two properties owned by the Affordable Housing Alliance
(AHA). Sharon Mortenson, Director of the
Domestic Violence Housing Initiative, spoke regarding the project and
encouraged council support. Oswald
Anders, spoke in opposition to the PILOT program. Mayor Pro Tem Adams disclosed he was a board
member of the Council on Domestic Violence and Sexual Assault. City Attorney James Branson acknowledged
Mayor Pro Tem Adam’s disclosure and determined there would be no conflict of
interest in his voting on the item. Introduction
and first reading of the following ordinance was then offered by Councilman
McKeag and seconded by Councilman Rokosz:
Ordinance No. ___________
An ordinance to amend the Code of Ordinances of the City
of Midland, Michigan, by amending Section 2-262, Article XIII Of chapter 2 and
by adding new sections which shall be designated as sections 2-260.11,
2-260.12, 2-264.9 and 2-264.10, Article Xiii, Chapter 2 thereof.
The
City of Midland Ordains:
Section
1. Article XIII, Chapter 2, Section
2-262, Tax Exemptions for housing developments for elderly and low-income
persons is hereby amended to read as follows:
Sec.
2-262. Class of housing developments.
It is hereby determined that the
class of housing developments to which the tax exemption shall apply, and for
which a service charge shall be paid in lieu of such taxes, shall be that
portion of a development which is for elderly persons or low-income persons and
which is financed or assisted pursuant to the act. It is further determined that Grove Street
Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club
Acres #1, Chippewassee Court Phase I, Chippewassee Court Phase II, Adams Acres
Phase I, 606/608 Hemlock Street and 5004
Tucker Street and the elderly portions of Charter Square and Green Hill
are of this class.
Sec.
2-260.11. 606/608 Hemlock Street.
The
City acknowledges that the Affordable Housing Alliance of Midland County, a
501(c)3 corporation (a sponsor, as defined herein) has offered, subject to
allocation of tax credit financing from the authority, under Section 42 of the
Internal Revenue Code, as amended, to erect or operate and maintain a housing
development identified as 606/608 Hemlock Street located on the following described
property:
South
36 feet OF LOTs 2 and the North 51.5 feet OF LOT 3 Block J Carter Subdivison.
Sec.
2-260.12. 5004 Tucker Street.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 5004 tucker Street
located on the following described property:
Beginning 173.5 feet East and 45 rods North OF
Southwest corner OF southeast 1/4 OF southwest 1/4 Section 4, East 123.5 feet,
North 82.5 feet, West 123.5 Feet, South 82.5 feet to the beginning.
Sec. 2-264.9.
Establishment of annual service
charge for 606/608 Hemlock Street.
(a)
Annual service
charge. The housing development
identified as 606/608 Hemlock Street and the property on which it is located
shall be exempt from all property taxes from and after the ENACTMENT OF THIS ORDINANCE
AND FOR THE YEAR SUBSEQUENT TO TIMELY NOTIFICATION OF EXEMPTION BY THE MICHIGAN
STATE HOUSING DEVELOPMENT AUTHORITY. The
City, acknowledging that the sponsor and the authority have established the
economic feasibility of the housing development in reliance upon the enactment
and continuing effect of this ordinance and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established in this ordinance, and in consideration of the sponsor’s
offer, subject to receipt of an allocation of low-income housing tax credits
under Section 42 of the Internal Revenue Code of 1986, as amended, to
construct, own or operate the housing development, agrees to accept payment of
an annual service charge for public services in lieu of all property
taxes. The annual service charge shall
be equal to four percent (4%) of the annual shelter rents less utilities.
(b)
Limitation on the payment of annual service
charge. Notwithstanding subsection (a),
the service charge to be paid each year in lieu of taxes for the part of the
housing development which is tax exempt and which is occupied by other than
low-income persons shall be equal to the full amount of taxes which would be
paid on that portion of the housing development if the housing development were
not exempt.
Sec. 2-264.10.
Establishment of annual service
charge for 5004 Tucker street.
(a)
Annual service
charge. The housing development
identified as 5004 Tucker Street and the property on which it is located shall
be exempt from all property taxes from and after the ENACTMENT OF THIS
ORDINANCE AND FOR THE YEAR SUBSEQUENT TO TIMELY NOTIFICATION OF EXEMPTION BY
THE MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b)
Limitation on the payment of annual service
charge. Notwithstanding subsection (a),
the service charge to be paid each year in lieu of taxes for the part of the
housing development which is tax exempt and which is occupied by other than
low-income persons shall be equal to the full amount of taxes which would be
paid on that portion of the housing development if the housing development were
not exempt.
Section
3. This Ordinance shall take effect upon
publication. (Motion ADOPTED. Considered first reading.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 268 in accord with the
provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance
of the City of Midland; now therefore
RESOLVED, that the City Council does
hereby approve Site Plan No. 268, contingent upon the following:
1. All parking spaces shall be delineated by the
“box” style striping pattern per Section
5.01(D)3 of the Zoning Ordinance.
2. All exterior lighting shall adhere to Section
3.12 of the Zoning Ordinance.
3. Stormwater detention plans shall be approved
by the Engineering Department.
4. Site landscaping shall adhere to Article 6 of
the Zoning Ordinance.
5. The easternmost driveway on Cinema Drive
shall be constructed in cooperation with
the adjoining parcel to accommodate future
share access.
6. The dumpster enclosures and the electric
transformer shall be screened
in accordance with the Zoning Ordinance
provisions.
7. The second ground mounted sign shall be
removed from the Cinema Drive side.
(Motion
ADOPTED.)
Planning
and Community Development Director Keith Baker introduced Site Plan No. 269 –
Lapham’s Garden Center – to construct a 3,600 square foot garden center at 1314
W. Wheeler Street. Petitioner Mike
Lapham, 2816 Scott Street, spoke on behalf of the project and encouraged
Council’s support of the site plan request.
Richard Fosgitt, Project Engineer with Wilcox Professional Services and
a resident of Midland, spoke regarding the engineering aspects of the
project. Mike Mazor, 1214 Foxwood Drive,
expressed his support for the Lapham’s business and their site plan request. The following resolution was then offered by
Councilman Rokosz and seconded by Councilman McKeag:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 269 in accord with the
provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance
of the City of Midland; now therefore
RESOLVED, that the City Council does
hereby approve Site Plan No. 269, contingent upon the following:
1. The stormwater detention system is designed
and constructed in accordance with the City of Midland Engineering Department
specifications.
2. All landscaping shall comply with Article 6
of the Zoning Ordinance.
3. All exterior lighting shall comply with
Section 3.12 of the Zoning Ordinance.
4. All exterior signage shall comply with
Article 8 of the Zoning Ordinance.
5. All parking spaces shall comply with Section
5.01(d) of the Zoning Ordinance and be delineated by the “box” style striping.
6. The proposed Wheeler Road driveway is subject
to City Council approval.
7. Screening is required along the north
property line and east property line.
(Motion
ADOPTED. Yeas: Adams, McKeag, Rokosz Nays:
Donker)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 270 in accord with the
provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance
of the City of Midland; now therefore
RESOLVED, that the City Council does
hereby approve Site Plan No. 270, contingent upon the following:
1. The
stormwater detention system is designed and constructed in accordance with the
City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All
parking spaces shall comply with Section 5.01(d) of the Zoning Ordinance and be
delineated by the “box” striping.
6. Reverse
parking stalls and one-way vehicular traffic in Nelson Street parking lot.
7. Screen
existing dumpsters and they should be set as in SP 2.0 the alternate site on
their property and screen the generator on south side of the building.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
the Parks and Recreation Department is responsible for providing power golf
carts for use by golfers at the Currie Municipal Golf Courses; and
WHEREAS,
former contracted golf professional D. Scott Downey holds a lease with Textron
Business Services for seventy-five carts that are currently in use at the golf
course; and
WHEREAS,
Downey’s contract with the City contained a provision to allow the City to
assume the lease agreement in the event of termination of his contract; and
WHEREAS,
the lease agreement has been reviewed and approved by the City Attorney and
staff is supportive of the terms of the lease; now therefore
RESOLVED,
that the Mayor and City Clerk are hereby authorized to execute the Transfer and
Assumption agreement with Textron Business Systems to assume the lease of
seventy-five golf carts for use at Currie Municipal Golf Course. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
RESOLVED,
that the request from the New Life Vineyard Church to hold an event in the
Tridge area on Saturday, May 17, 2008, utilizing amplified sound, is hereby
approved subject to the following conditions:
;
and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
the Department of Public Services routinely purchases good condition used rear
packer refuse trucks for use as back-up vehicles and for short-term programs;
and
WHEREAS, funding for a used rear packer refuse truck is appropriated in
the 2007-08 Equipment Revolving Fund budget for Capital Outlay, Vehicles; and
WHEREAS, a used truck that meets Public Services’ needs is available
from Midwest Power, Inc. in
St. Charles, Illinois; now therefore
RESOLVED,
that the City Council hereby determines that sealed bids are impractical, and
in accordance with Section 2-18 of the Code of Ordinances, the requirement for
sealed proposals is hereby waived and the Purchasing Agent is authorized to
issue a purchase order to Midwest Power, Inc. of St. Charles, Illinois in the
amount of $51,000 for the purchase of a used rear packer refuse truck. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
sealed proposals were advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the purchase of a Litter
Sweeper, Bid No. 3065; and
WHEREAS, funding for the new sweeper is included in the 2007-08
Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED,
that the Purchasing Agent is authorized to issue a purchase order to Bell
Equipment of Lake Orion, Michigan in the net amount of $24,500 for the purchase
of an Applied Sweepers Green Machine #414RSA, including trade-in of unit #4-24,
in accordance with the proposal and city specifications. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
sealed proposals were advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the purchase of an excavator,
Bid No. 3064; and
WHEREAS, funding for the excavator is included in the 2007-08 Equipment
Revolving Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED,
that the Purchasing Agent is authorized to issue a purchase order to Bader and
Sons of St. Louis, Michigan in the net amount of $20,353.16 for the purchase of
a John Deere 27D Excavator, including trade-in of unit #6-37, in accordance
with the proposal and city specifications.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
Rowe Incorporated on behalf of Thomas Spencer submitted a request for a
conditional use permit review and approval to allow a 3,494 square foot
automobile filling station with a drive up window at 6801 Jefferson Avenue on
1.8 acres in a Regional Commercial district; and
WHEREAS,
the City Planning Commission has conducted a public hearing in accord with
Section 28.02(A) of the Zoning Ordinance of the City of Midland on said
conditional use; and
WHEREAS,
the
1. All
off-street parking spaces are delineated by “box” style striping per Section
5.03(D)3 of the Zoning Ordinance.
2. All
exterior lighting shall comply with Section 3.12 and the canopy lighting
adheres to Section 3.12(A)7 of the Zoning Ordinance.
3. Five
foot wide sidewalks are constructed adjacent to Jefferson Avenue and Joe Mann
Boulevard.
4. All
signage adheres to Article 8 of the Zoning Ordinance.
5. All
of the requirements of Section 9.02 C and G of the Zoning Ordinance are adhered
to.
6. All
landscaping adheres to Article 6 of the Zoning Ordinance and clear vision is
maintained adjacent to all driveways.
in
accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland;
now therefore
RESOLVED,
that notice is hereby given that a public hearing will be held by the City
Council on Monday, December 3, 2007, at 7:00 p.m. in the Council Chambers, City
Hall, for the purpose of considering the request for a conditional use permit;
and
RESOLVED
FURTHER, that the City Clerk is hereby directed to notify property owners and
occupants within three hundred (300) feet of the area proposed by transmitting
notice on November 16, 2007 and to publish said notice on November 17,
2007. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
RESOLVED, that an application dated
October 31, 2007, was received November 1, 2007, from Mid-Michigan Energy, LLC,
with supporting data pursuant to Public Act 198 of the Public Acts of the State
of Michigan of 1974, as amended, for an industrial facilities exemption
certificate within the Mid-Michigan Energy Industrial Development District No.
1 relating to both real and personal property improvements for Phase 1 of the
construction of a 750 MW (nominal) baseload, coal-fired power plant to produce
electricity and steam for local industry and Michigan needs and will include,
but not be limited to, detailed engineering/design, procurement of materials
and equipment, site preparation/earthwork and installation of utilities with a
total project cost of $306,585,000, to allow further expansion in the
Mid-Michigan Energy Industrial Development District No. 1 is hereby
acknowledged received and ordered placed on file in the City Clerk's office;
and
RESOLVED FURTHER, a public hearing
shall be held before the City Council on Monday, December 3, 2007, at 7:00
p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street,
Midland, Michigan, for the purpose of affording the applicant, the City
Assessor and representatives of the affected taxing units an opportunity for a
hearing on the application and the City Clerk shall provide written notice
thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
RESOLVED, that an application dated
October 31, 2007, was received November 1, 2007, from Mid-Michigan Energy, LLC,
with supporting data pursuant to Public Act 198 of the Public Acts of the State
of Michigan of 1974, as amended, for an industrial facilities exemption
certificate within the Mid-Michigan Energy Industrial Development District No.
1 relating to both real and personal property improvements for Phase 2 of the
construction of a 750 MW (nominal) baseload, coal-fired power plant to produce
electricity and steam for local industry and Michigan needs and will include,
but not be limited to, installation of piping, equipment and material handling
facilities with a total project cost of $1,369,505,000, to allow further
expansion in the Mid-Michigan Energy Industrial Development District No. 1 is
hereby acknowledged received and ordered placed on file in the City Clerk's
office; and
RESOLVED FURTHER, a public hearing
shall be held before the City Council on Monday, December 3, 2007, at 7:00
p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street,
Midland, Michigan, for the purpose of affording the applicant, the City
Assessor and representatives of the affected taxing units an opportunity for a
hearing on the application and the City Clerk shall provide written notice
thereof in accordance with Section 5 of Public Act 198.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
RESOLVED, that an application dated
October 31, 2007, was received November 1, 2007, from Mid-Michigan Energy, LLC,
with supporting data pursuant to Public Act 198 of the Public Acts of the State
of Michigan of 1974, as amended, for an industrial facilities exemption
certificate within the Mid-Michigan Energy Industrial Development District No.
1 relating to both real and personal property improvements for Phase 3 of the
construction of a 750 MW (nominal) baseload, coal-fired power plant to produce
electricity and steam for local industry and Michigan needs and will include,
but not be limited to, completion of the plant with final installation,
testing, and startup and commissioning with a total project cost of
$292,510,000, to allow further expansion in the Mid-Michigan Energy Industrial
Development District No. 1 is hereby acknowledged received and ordered placed on
file in the City Clerk's office; and
RESOLVED FURTHER, a public hearing
shall be held before the City Council on Monday, December 3, 2007, at 7:00
p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street,
Midland, Michigan, for the purpose of affording the applicant, the City
Assessor and representatives of the affected taxing units an opportunity for a
hearing on the application and the City Clerk shall provide written notice
thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman McKeag:
WHEREAS,
MSARI Holdings, LLC by means of a letter dated October 11, 2007, which was received
by the City Clerk on October 31, 2007,
has requested the establishment of an Industrial Development District as
described in said communication under the scope of Act
WHEREAS, the decision on whether to establish such a district as a
condition precedent to industrial development assistance through property tax
incentives rests with the City Council acting in accord with the criteria and
procedures contained in Public Act
WHEREAS,
prior to such action by the City Council, a public hearing shall have been held
as required by Section 4(4) of said Act; now therefore
RESOLVED,
that a public hearing will be held before the City Council on December 3, 2007
at 7:00 p.m. in the Council Chambers at City Hall,
Assistant
City Manager Jack Duso presented a request from Midland Reformed Church to
spend the night on the downtown sidewalks on Friday, November 16th,
in recognition of Homeless Week. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the request from Midland Reformed Church Student Ministry Department to
spend the night on the downtown sidewalks on Friday, November 16, 2007, from
6:00 p.m. – 6:00 a.m., in recognition of Homeless Week is hereby approved
subject to the following conditions:
;
and
RESOLVED
FURTHER, that the
City
Attorney James Branson informed City Council that he has formally accepted, on
behalf of the Council, an appeal of a Freedom of Information Act request by
Oswald Anders.
Being
no further business the meeting adjourned at 9:07 p.m.
______________________________________
Selina Tisdale, City