January
7, 2008
A
regular meeting of the City Council was held on Monday, January 7, 2008, 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: |
Maureen Donker, Bruce Johnson, Hollis McKeag,
Joseph Rokosz |
|
Councilmen
absent: |
Thomas
Adams |
Approval
of the minutes of the December 17, 2007 regular meeting was offered by
Councilman McKeag and seconded by Councilman Rokosz. (Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Midland High School Football Assistant
Coach Eric Methner. 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 congratulating
the Midland High School varsity football team and their coaches for outstanding
athletics and teamwork during the fall 2007 football season and the MHSAA Division
2 State Finals. (Motion ADOPTED.) Mayor Johnson presented Eric Methner with the
Proclamation of Recognition.
Department
of Public Services Director Karen Murphy presented a report on the Parks and
Recreation Master Plan Goal Attainment. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the City Council hereby receives and files the staff report, dated
December 31, 2007, on the 2004-2009 Parks and Recreation Master Plan goal
attainment update. (Motion ADOPTED.)
Planning
and Community Development Director Keith Baker presented a Resolution of Intent
to create a Corridor Improvement Authority.
Midland Area Chamber of Commerce Business Development Coordinator Heidi
Saidi-Zand presented a report on the status of the area. A public hearing opened at 8:15 p.m. City of Midland property owner Oswald Anders
presented information on the Circle Area Business District and encouraged
Council support of the Corridor Improvement Authority. Joe Kozuch, Village Green, 715 S. Saginaw
Road, expressed his interest in improving the Saginaw Road corridor and would
like to see the Center City Initiative project
implemented fully. Chuck Hepenstal, 1317
N. Parkway, stated he thinks it would be premature to adopt a resolution of
intent when there needs to be more understanding by the public of how this
project affects the average taxpayer. Richard
McCreadie, 2700 Washington, owner of property at 601 S. Saginaw Road, spoke in
opposition to the Corridor Improvement Authority project. Paul White, owner of Roth Cleaners, spoke in
support of improving the Saginaw Road corridor and encouraged Council support
of the Corridor Improvement Authority.
Mary Quast, owner of Material Mart, 86 Ashman Circle, spoke in support
of the Corridor Improvement Authority and encouraged Council support. Sid Allen, President &
CEO of the Midland Area Chamber of Commerce spoke in support of the Corridor
Improvement Authority. The public
hearing closed at 9:01 p.m. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
on December 3, 2007 the City Council heard a presentation by a representative
of the Center City Initiative sponsored by the Midland Area Chamber of Commerce
on the establishment of a “Corridor Improvement Authority” in accord with P.A.
280 of 2005 of the State of Michigan (“the Act”) along S. Saginaw Rd. from
Manor Drive to Patrick Rd.; and
WHEREAS,
the City Council directed that a resolution of intent be prepared for its
consideration at the January 7, 2008 City Council meeting; and
WHEREAS,
it is the intent to consider the creation and provide for the operation of a
corridor improvement authority for the City of Midland pursuant to and in
accordance with the Act; and
WHEREAS,
the Midland City Council is strongly committed to the revitalization and
redevelopment of commercial properties which have historically developed along
the City’s major arterial roadways (“commercial corridors”), which it considers
preferable to the negative effects associated with the continual consumption of
vacant land for commercial purposes in growing communities; and
WHEREAS,
there presently exists the South Saginaw Road/Ashman Circle commercial corridor
which could greatly benefit from the establishment of a Corridor Improvement
Authority, through analysis, short- and long-term planning, construction,
renovation, repair, remodeling, rehabilitation, restoration, preservation and
reconstruction of buildings and facilities; and
WHEREAS,
tax increment financing is one of many tools available to finance these
activities under the Act; and
WHEREAS,
based upon the presentation by the City Center Initiative, the City Council
intends to initiate the process to create and provide for the operation of a
Corridor Improvement Authority (“Authority”) within the City pursuant to and in
accordance with the provisions of the Act; and
WHEREAS,
pursuant to the Act, the City Council is required by its resolution of intent
to: (a) set a public hearing date on the adoption of a proposed ordinance
creating an Authority under the Act, (b) designate the boundaries of the
development area, that being the area within which the Authority shall exercise
its powers, and (c) declare that the proposed development area meets the
criteria established by Section 5 of the Act; now therefore
RESOLVED,
1. The Council declares its intention to
consider the creation and provide for the operation of the Authority within the
City of Midland pursuant to and in accordance with the provisions of the Act.
2. For purposes of complying with the Act,
the Council designates as the proposed development area the real property more
particularly described on the attached Exhibit “A” and depicted on the map
attached as Exhibit “B”, both of which are incorporated herein by reference.
3. The Council states that the proposed
development area meets the criteria established by Section 5 of the Act.
4. A public hearing for the proposed
ordinance shall be held before the Council on Monday, February 11, 2008 at 7:00
p.m. in the Council Chambers, City Hall, for the purpose of creating the
Authority within the City of Midland and designating the boundaries of the
development area, the area within which the Authority shall exercise its
powers.
5. The City Clerk of the City of Midland
shall give notice to the public of the public hearing by causing notice:
(a) To be published in the Midland Daily News,
a newspaper of general circulation in the city of Midland on January 12, 2008
and January 17, 2008.
(b) To be mailed to the property taxpayers of
record in the proposed development area, to the governing body of each taxing
jurisdiction levying taxes that would be subject to capture if the authority is
established and a tax increment financing plan is approved, and to the state
tax commission on or before January 21, 2008.
(c) To be posted in not less than twenty
conspicuous and public places in the proposed development area on or before
January 21, 2008.
(Motion ADOPTED.)
Planning
and Community Development Director Keith Baker introduced Zoning Petition No.
545 – MidMichigan Medical Center – to rezone property at 3200 W. Sugnet Road
from Residential A-1 to Community zoning.
Tom Lind representing MidMichigan Medical Center spoke regarding the
rezoning. A public hearing opened at
9:20 p.m., recognizing no public comments, the hearing closed at 9:20 p.m. The following ordinance amendment was then
offered by Councilman McKeag and seconded by Councilman Donker:
ORDINANCE NO.
1648
AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE
AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF
BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF
YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND
LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO
DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY
AMENDING THE ZONING MAP TO PROVIDE A COMMUNITY ZONING WHERE A RESIDENTIAL A-1
ZONING DISTRICT PRESENTLY EXISTS.
The
City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
Part of the Southwest ¼ of
the Northwest ¼ of Section 8, lying North of West Sugnet Road right of way. EXCEPT begin 230.30 feet North of the
Southwest corner, thence North 337.00 feet, S 71D 38M 00S E, 270.80 feet,
thence S 33D 21M 00S E 306.00 feet, thence West 432.00 feet to the point of
beginning and EXCEPT begin at the intersection of the West 1/8 and East and
West ¼ line, thence West 40.00 feet, Northwesterly on an arc of curve to the
right of 553.99 foot radius 348.08 feet, Northeast at right angles 102.38 feet,
Northeasterly along arc of curve to the left, 232.48 feet West radius of 380.49
feet, thence North 300.00 feet, thence West 40.00 feet, thence North 624.00
feet to the North 1/8 line East 280.02 feet along the North 1/8 line to West
1/8 line South on said line to beginning.
Be, and the same is hereby changed to Community.
Section 2. All
Ordinances or parts of Ordinances in conflict herewith are hereby repealed only
to the extent necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Motion ADOPTED.)
City
Planner Daryl Poprave introduced budget amendments for the acquisition and
renovation of the 4-D building and property.
A public hearing opened at 9:26 p.m., recognizing no public comments,
the hearing closed at 9:26 p.m. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Donker:
WHEREAS, that 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, January 7, 2008, on the proposal to amend the 2007-08 Water Fund budget by increasing appropriations by $70,000, to amend the 2007-08 General Fund budget by increasing revenues and appropriations by $40,051, and to establish a budget for the Municipal Service Annex Fund to include $310,051 of revenues and $310,051 of capital outlay to account for the acquisition and renovation of the 4-D building and property; now therefore
RESOLVED, that the 2007-08 Water Fund budget be amended by increasing appropriations by $70,000, that the 2007-08 General Fund budget be amended by increasing revenues and appropriations by $40,051, and that a budget be established for the Municipal Service Annex Fund to include $310,051 of revenues and $310,051 of capital outlay to account for the acquisition and renovation of the 4-D building and property. (Motion ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman Donker:
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, January 7, 2008, on the proposal to the 2007/08 Landfill
Fund Budget to increase revenues from working capital in the amount of
$55,072.00, and to increase appropriations by $55,072.00 to be used as partial
funding for the buy out of a leased Komatsu WA380-5 wheel loader at a total
cost of $90,072.00; and
WHEREAS,
funding has been budgeted in the amount of $35,000.00 in the 2007/08 Landfill
account #517-8110-811.94-11- Equipment Rental to lease a replacement loader,
leaving a funding shortage in the current fiscal budget of $55,072.00; now
therefore
RESOLVED,
the proposal to amend the 2007/08 Landfill Fund Budget to increase revenues
from working capital in the amount of $55,072.00, and to increase
appropriations by $55,072.00 to be used as partial funding for the buy out of a
leased Komatsu WA380-5 wheel loader at a total cost of $90,072.00
is hereby approved, and a purchase order is authorized in an amount not to
exceed $90,072.00. (Motion
ADOPTED.)
No
public comments were made.
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that Traffic
Control Order No. P-07-27 filed October 2, 2007 pursuant to Chapter 24 of the
Code of Ordinances to establish traffic control as follows:
That parking shall be prohibited on the northwest side
of Erie Court.
is hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that Traffic Control Order No. P-07-30 filed October 24, 2007 pursuant to
Chapter 24 of the Code of Ordinances to establish traffic control as follows:
That
parking shall be prohibited on Elisenal Drive between Joe Mann Boulevard and
Commerce Drive.
is hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that Traffic
Control Order No. S-07-09 filed October 24, 2007 pursuant to Chapter 24 of the
Code of Ordinances to establish traffic control as follows:
That Commerce Drive shall stop for Jefferson
Avenue.
is hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that in addition to the previous resolutions submitted by the Midland City
Council; MOLLY’S BISTRO OF MIDLAND LLC, 134 Ashman, Midland, MI 48604, Midland County, requests a New Class C
license issued under MCL 436.1521(a)(1)(b) with Dance-Entertainment Permit and
Outdoor Service (2) areas of which the city owned sidewalk intervenes Outdoor
Service area #1 and Outdoor Service area #2; and Outdoor Service area #2 is
situated on property owned by the city of Midland. be
considered for approval. It is the
consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
be considered for approval.
It is
the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the request from the Downtown Development Authority and the White Pine
Celtic Arts Council to conduct the Highland Festival on Saturday, June 14,
2008, in Chippewassee Park and to utilize the public right-of-way for sidewalk
sale tables and to place temporary signage, is hereby approved subject to the
following conditions:
;
and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS, City Council adopted a resolution on December 17, 2007 that
allows the Purchasing Agent to purchase full tankers of unleaded gasoline and
diesel fuel exceeding $20,000, and seek approval for the purchase at the next
available Council meeting; and
WHEREAS, the volatility of the fuel market does not allow for staff to
follow the usual sealed bid process for purchases exceeding $20,000; and
WHEREAS, staff instead uses a competitive bid process where fuel vendors
fax in prices that are valid for a particular day with the bid awarded to the
lowest priced vendor; now therefore
RESOLVED, that the requirements for sealed proposals for the purchase of
fuel are waived due to the volatility of the fuel market; and
RESOLVED FURTHER, that the purchase of 12,000
gallons of winter blend diesel fuel from Hirschman Oil of Reese, Michigan for
$31,824.00, executed by the Purchasing Agent on December 20, 2007, is hereby
approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
sealed bids for the purchase of a Vacuum Excavator, Bid No. 3075, have been
advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
the Vac-Tron PMD 550 offered by Vermeer of Michigan
of Jackson, Michigan meets City's specifications; and
WHEREAS,
the funds have been budgeted in the 2007/08 Water fund budget account
#517-9120-912.97-25 – Capital Equipment for the purchase of a vacuum excavator;
now therefore
RESOLVED,
that the low bid from Vermeer of Michigan of
Jackson, Michigan in the amount of $40,800.00 is accepted and a purchase order
for the purchase of a Vac-Tron PMD 550 is authorized. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the City Council of the City of Midland has received and reviewed testimony
that there are or may be certain environmentally distressed, blighted, or
economically distressed areas in the City of Midland and that the continued
existence of such areas can limit, hinder, or delay the redevelopment or
revitalization of identifiable zones within the City, and, accordingly, that it
is in the best interests of the public to facilitate the implementation of
plans relating to the identification and treatment of environmentally
distressed areas so as to promote revitalization within the City of Midland
(the “Brownfield Redevelopment Zone”); and
WHEREAS,
on December 9, 2002 the City Council approved The Dow Chemical Company
Brownfield Redevelopment Plan No. 1 and amended said plan on December 6, 2004;
and
WHEREAS,
The Dow Chemical Company has requested a second amendment to the original
brownfield redevelopment plan, which qualifies it for MBT credits issued by the
Michigan Economic Growth Authority (MEGA); and
WHEREAS,
pursuant to the Act, this Council is required (a) to hold a public hearing on
the approval of a proposed Brownfield Redevelopment Plan under the Act (the
“Plan”) and (b) to publish notice of said public hearing to be published in the
Midland Daily News, a newspaper of general circulation in the City of Midland,
all in accord with Section 4(2) of the Act; now therefore
RESOLVED,
that:
(Motion
ADOPTED.)
Being
no further business the meeting adjourned at 9:40 p.m.
______________________________________
Selina Tisdale, City