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

 

MINUTES

Approval of the minutes of the December 17, 2007 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

MIDLAND HIGH SCHOOL – 2007 OUTSTANDING FOOTBALL SEASON

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.

 

2004-09 PARKS & RECREATION MASTER PLAN GOAL ATTAINMENT UPDATE

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.)

 

CORRIDOR IMPROVEMENT AUTHORITY CREATION & BOUNDARIES

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.)

 

ZONING PETITION NO. 545

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.)

 

BUDGET AMENDMENT – 4-D BUILDING AND PROPERTY

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.)

 

2007/08 LANDFILL BUDGET AMENDMENT

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

TRAFFIC CONTROL ORDER P-07-27

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.)

 

TRAFFIC CONTROL ORDER P-07-30

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.)

 

TRAFFIC CONTROL ORDER S-07-09

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.)

 

MOLLY’S BISTRO LIQUOR LICENSE

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.)

 

LET US FEED YOU – MIDLAND, INC. LIQUOR LICENSE

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

 

RESOLVED, that the request from LET US FEED YOU – MIDLAND, INC. REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C LICENSED BUSINESS, WITH DANCE PERMIT, FROM LOS CUATRO AMIGOS, INC. (A KENTUCKY CORPORATION), LOCATED AT 2600 N SAGINAW, SUITE #1, MIDLAND MICHIGAN, 48640, MIDLAND COUNTY

be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

HIGHLAND FESTIVAL

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

 

FUEL PURCHASE – DPW

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.)

 

VACUUM EXCAVATOR – WATER DEPT.

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.)

 

SECOND AMENDMENT – DOW CHEMICAL BROWNFIELD REDEVELOPMENT PLAN NO. 1

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:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 11th day of February, 2008, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 11th day of January, 2008, and the 17th day of January, 2008, and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk.

(Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk