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.

 

SELECTION PROCESS OF MAYOR AND MAYOR PRO TEM

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 Clerk, instructed that a written but public ballot could be used to elect the Mayor and Mayor Pro Tem, if Council so desired, or the appointment could be made by a motion of one Councilman and seconded by another.  The newly elected Council agreed that the election of Mayor would be made by a motion and the Mayor Pro Tem by public ballot.

 

MAYOR SELECTION

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.)

 

MAYOR PRO TEM SELECTION

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 Clerk, read the results of the balloting.  Motion FAILED (Yeas:  McKeag, Rokosz   Nays:  Adams, Donker).  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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.

 

ROBERT’S RULES OF ORDER

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.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE OPEN MEETINGS ACT

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

 

RESOLVED, that this resolution shall supercede the City Council resolution dated November 14, 2005, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed closed session of the City Council; and

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.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT

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.)

 

MIDLAND AREA EMERGENCY MEDICAL BOARD APPOINTMENT

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.)

 

MBS INTERNATIONAL AIRPORT COMMISSION APPOINTMENT

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.)

 

MIDLAND’S LEGISLATIVE DIRECTOR APPOINTMENT

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.)

 

MINUTES

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.)

FAMILY WEEK

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, 2007, as Family Week in Midland. (Motion ADOPTED.)  Janine Ouderkirk accepted the proclamation.

 

2007-08 GOLF COURSE AND ERF BUDGET AMENDMENTS

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, 2007, on the proposal to amend the 2007-08 Golf Course budget to recognize an unanticipated expense of $49,800.00 to be transferred from the Golf Course to the Equipment Revolving Fund for the purchase of a replacement fairway mower; and

WHEREAS, said public hearing also concerned the proposal to amend the Equipment Revolving Fund’s 2007-08 budget to recognize $49,800.00 of unanticipated revenue from said transfer, and to increase appropriations by $49,800.00 in the ERF Capital Outlay – Equipment account for the purchase of the mower; now therefore

RESOLVED, that the 2007-08 Golf Course budget be amended to increase expenses by $49,800.00, and that the Equipment Revolving Fund budget be amended to increase revenues by $49,800.00 and to increase appropriations by $49,800.00.  (Motion ADOPTED.)

 

FAIRWAY MOWER PURCHASE

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 6700-D fairway mower has been appropriated in the 2007-08 Equipment Revolving Fund for Capital Outlay, Equipment; now therefore

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 6700-D mower, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications. (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

PILOT FOR AFFORDABLE HOUSING ALLIANCE – 1ST reading

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.)

 

SITE PLAN NO. 268

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 268, the request of Latitude Engineering & Surveying, Inc., on behalf of Suburban Inns, for a 100,000 square foot hotel at 810 Cinema Drive on 4.47 acres; and

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.)

 

SITE PLAN NO. 269

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 Planning Commission for denial of Site Plan No. 269, the request of Mike and Ron Lapham for a 3,600 square foot garden and flower center at 1314 West Wheeler Street on 2.06 acres; and

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)

 

SITE PLAN NO. 270

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 270, the request of Dow Howell Gilmore Associates, Inc. on behalf of King’s Daughters and Sons of Midland, Inc. for a 16,917 square foot addition at 2410 Rodd Street on 3.34 acres; and

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.)

 

TRANSFER AND ASSUMPTION AGREEMENT – GOLF CART LEASE

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.)

 

NEW LIFE VINEYARD CHURCH – EVENT AT TRIDGE

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:

  • Provide Special Event Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland listed as Certificate Holder and Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five working days prior to the event.
  • Special Event Sign Procedures must be followed.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

PURCHASE – USED REAR PACKER REFUSE TRUCK

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.)

 

PURCHASE – SIDEWALK LITTER SWEEPER

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.)

 

PURCHASE - EXCAVATOR

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.)

 

CONDITIONAL USE PERMIT NO. 25

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 Planning Commission has submitted its recommendation of approval, contingent upon the following:

      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.)

 

MID-MICHIGAN ENERGY, LLC – IFT REQUEST (PHASE 1)

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.)

 

MID-MICHIGAN ENERGY, LLC – IFT REQUEST (PHASE 2)

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.)

 

MID-MICHIGAN ENERGY, LLC – IFT REQUEST (PHASE 3)

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.)

 

MSARI HOLDINGS, LLC – REQUEST FOR INDUSTRIAL DEVELOPMENT DISTRICT

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 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

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 198 of the Public Acts of the State of Michigan of 1974, as amended; and

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, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

NEW BUSINESS

 

MIDLAND REFORMED CHURCH – REQUEST TO USE SIDEWALK

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:

  • Obtain Special Event Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  This certificate must be submitted to the City Manager’s Office no later than one day prior to the event.
  • Provide an Indemnification Agreement for this event.  This agreement must be submitted to the City Manager’s Office no later than one day prior to event.
  • A minimum five foot wide pathway must be maintained on the public right-of-way for pedestrian access.
  • The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions.  An area at least three feet in diameter shall be kept clear around all fire hydrants and the fire department connection for any building sprinkler system or standpipe.
  • Please be aware that the Santa Holiday Parade takes place on Saturday, November 17, beginning at 10:00 a.m.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

FREEDOM OF INFORMATION APPEAL

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.

 

 

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            Selina Tisdale, City Clerk