February
11, 2008
A
regular meeting of the City Council was held on Monday, February 11, 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: |
Thomas Adams, Maureen Donker, Bruce Johnson,
Hollis McKeag, Joseph Rokosz |
|
Councilmen
absent: |
None |
Approval
of the minutes of the January 19 and 21, 2008 special and January 21, 2008
regular meetings was offered by Councilman Adams and seconded by Councilman
Donker. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
on April 9, 2007 the City Council considered Zoning Petition No. 541, which
involved the rezoning of a parcel located at 1314 W. Wheeler St. from Office
Service to Regional Commercial restricted to certain permitted uses; and
WHEREAS,
during said meeting the restricted uses were modified to reflect restrictions
not specified in the ordinance originally presented in the City Council agenda
materials; and
WHEREAS,
the ordinance was written in a manner that listed the uses that were not
allowed as opposed to specifying the restrictions, which could result in an
unintended consequence if the permitted uses in the Regional Commercial zoning
classification are amended at some future date; and
WHEREAS,
the ordinance has been rewritten to specify the restricted uses of the above
parcel resulting in no changes to the permitted uses; and
WHEREAS,
the City Attorney has advised that the preferred remedy is to amend the minutes
of the April 9, 2007 City Council meeting by incorporating the above described
version of said ordinance; now therefore
RESOLVED,
that the attached amended minutes of the April 9, 2007 City Council meeting are
hereby approved and the City Clerk is hereby authorized and directed to record
said amended minutes as the true accounting of the April 9, 2007 City Council
meeting. (Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Laura Bonnell, Regional Outreach
Coordinator of Mid-Michigan Community Action Agency to accept the
proclamation. The following resolution
was then offered by Councilman Adams and seconded by Councilman Rokosz:
RESOLVED,
that the Mayor is authorized to issue the attached proclamation designating
February 23, 2008 as Walk for Warmth Day in Midland. (Motion ADOPTED.) Mayor Johnson presented Laura
Bonnell with the proclamation.
Director
of Parks and Recreation Brett Ireland gave a presentation on the City’s
participation in Arbor Day. The
following resolution was then offered by Councilman Rokosz and seconded by
Councilman Donker:
RESOLVED,
that the Mayor is authorized to issue the attached proclamation designating
April 25, 2008, as Arbor Day in the City of Midland. (Motion ADOPTED.) Mayor Johnson presented Brett Ireland with
the proclamation.
Communications
Coordinator Libby Richart gave an overview of the organizations involved in
receiving recognition as one of the 100 Best Communities for Young People in
America. The following resolution was
offered by Councilman McKeag and seconded by Councilman Donker:
RESOLVED, that the Mayor is authorized to issue the attached
Proclamation of Recognition to multiple local youth-focused organizations for
their hard work and efforts to ensure that the Greater Midland community be
recognized, for the second year in a row, as one of the 100 Best Communities for
Young People in America. (Motion
ADOPTED.) Mayor Johnson presented Libby
Richart with the Proclamation of Recognition.
Assistant
City Manager Jack Duso presented an overview of the changes to the Brownfield
Redevelopment Plan. Kevin DeLine, Site
Logistics Leader at Michigan Operations of The Dow Chemical Company, described
the photovoltaic project. A public
hearing opened at 7:20 p.m. Scott
Walker, Executive Director of Midland Tomorrow, spoke in favor of the amended
plan. The public hearing closed at 7:22
p.m. The following resolution then was
offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
the City of Midland, pursuant to and in accordance with the provisions of the
Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the
State of Michigan of 1996, as amended (the “Act”), has established a Brownfield
Redevelopment Zone (the “Zone”), and has established the Brownfield
Redevelopment Financing Authority of the City of Midland (the “Authority”); and
WHEREAS,
the Authority, pursuant to and in accordance with the provisions of the Act,
has prepared and recommended for approval by the
WHEREAS,
the
WHEREAS,
the City Council has made the following determinations and findings:
A.
The
Plan constitutes a public purpose under the Act;
B.
The
Plan meets all of the requirements for a brownfield plan set forth in Section
13 of the Act; and
WHEREAS,
as a result of its review of the Plan and upon consideration of the views and
recommendations of the Authority and the public, the
RESOLVED,
that pursuant to the authority vested in the
RESOLVED
FURTHER, that should any section, clause or phrase of this Resolution be
declared by the Courts to be invalid, the same shall not affect the validity of
this Resolution as a whole nor any part thereof other than the part so declared
to be invalid; and
RESOLVED
FURTHER, that all resolutions or parts of resolutions in conflict with any of
the provisions of this Resolution are hereby repealed. (Motion ADOPTED.)
Director
of Planning and Community Development Keith Baker gave an overview of the
conditional use permit. Mr. Gary Bartow
of Bartow and King Engineers explained the purpose of the drive through
window. A public hearing opened at 7:38
p.m., recognizing no public comments, the hearing closed at 7:38 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman McKeag:
WHEREAS,
Bartow & King Engineers, Inc. submitted a request for a conditional use
permit review and approval for the addition of a drive-through for an accessory
restaurant use for a previously approved fitness center site plan in a Regional
Commercial Zoning District at 601 East Wackerly Street on 1.8 acres; 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
RESOLVED,
that the City Council finds the request for the conditional use permit to be in
accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and
hereby approves Conditional Use Permit No. 27 in accord with documents provided
and submitted at the meeting of January 21, 2008. (Motion ADOPTED.)
Director
of Planning and Community Development Keith Baker introduced Heidi SaidiZand of
the Midland Area Chamber of Commerce who gave an overview of the Corridor
Improvement Authority process. Mr. Baker
presented a list of frequently asked questions regarding tax increment
financing associated with a Corridor Improvement Authority. A public hearing opened at 8:30 p.m. Mr. Oswald Anders, 801 Linwood Drive, gave a
presentation on the number of vacant stores along the S. Saginaw Road corridor
and expressed his support for creating the Authority. Mr. Richard McCreadie, 601 S. Saginaw Road,
spoke against creating the Authority citing several improvements that have
already occurred without the assistance of an Authority. Mr. Jerry Deming, 872 Pinecroft Lane, spoke
in favor of creating the Authority and indicated that after his restaurant has
invested over $250,000 he has experienced a decline in business. Mr. Sid Allen, President of the Midland Area
Chamber of Commerce, spoke in favor of creating the Authority. Mr. Greg Adkins, 2904 Dawn Drive, spoke in
favor of creating the Authority. Mr.
David Gray, 4410 Brooks Road, spoke in favor of creating the Authority. The hearing closed at 9:05 p.m. The following resolution 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 Chapter 30 by adding division i and
division ii of chapter 30 thereof.
The
City of Midland Ordains:
Section
1. Section 30-1 is hereby amended to
read as follows:
Sec. 30-1. Title.
This chapter shall be known and may be
cited as the “Economic Development
Ordinance.”
Section
2. Division II, Sections 30-12 thru
30-23 are hereby added to read as follows:
Sec. 30-12. Adopted.
The Corridor Improvement Authority Act
(Public Act 280 of the Public Acts of the State of Michigan of 2005, as
amended) is hereby adopted as the corridor improvement authority ordinance and
made a part of this chapter as if fully set out herein, except such portions as
are amended or deleted by the provisions of this division.
Sec.
30-13. Title.
This chapter shall be known and may be
cited as the “Corridor Improvement Authority Ordinance.”
Sec. 30-14. Purpose and intent.
The purpose of this division is to
provide for the establishment of a corridor improvement authority; to prescribe
the powers and duties of the authority; to correct and prevent deterioration in
business districts; to encourage historic preservation; to authorize the
acquisition and disposal of interest in real and personal property; to
authorize the creation and implementation of development plans and development
areas in the districts; to promote the economic growth of the districts; to
create a board; to prescribe the powers and duties of the board; to authorize
the levy and collection of taxes; to authorize the issuance of bonds and other
evidences of indebtedness; to authorize the use of tax increment financing; to
prescribe powers and duties of certain state officials; to provide for rule
promulgation; and to provide a means through which the council may exercise the
authority and discharge the responsibilities vested in it by this division and
Public Act 280 of the Public Acts of the State of Michigan of 2005, as
amended.
The city is strongly committed to the
revitalization and redevelopment of commercial properties that have
historically developed along the city’s major arterial roadways (“commercial
corridors”). The council believes that
revitalization and redevelopment of existing commercial corridors in maturing
communities is preferable to the negative effects associated with the continual
consumption of vacant land for commercial purposes in growth communities.
There presently exist within the city
a number of commercial corridors which could greatly benefit from the new
Corridor Improvement Authority Act, Act 280 of PA 2005 (the “Act”), through
analysis, short- and long-term planning, construction, renovation, repair,
remodeling, rehabilitation, restoration, preservation and reconstruction of
buildings and facilities. Tax
incremental financing is one of many tools available to finance these
activities under the Act.
The council, having heard and
considered testimony regarding the public need and potential benefits that are
to be realized through the Act; and, having determined that it is necessary for
the best interests of the public to redevelop and promote economic growth
within commercial corridors; resolves to proceed with the creation 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.
Sec. 30-15. Creation of authority.
There is created pursuant to this
division a corridor improvement authority for the city. The authority shall be known and exercise its
powers under the name “Corridor Improvement Authority of the City of Midland”. The authority shall possess all of the powers
provided within this division and Public Act 280 of the Public Acts of the
State of Michigan 2005, as amended. The
enumeration of a power in this division or in the Act shall not be construed as
a limitation upon the general powers of the authority.
Sec. 30-16. Board.
a)
Except
as otherwise provided in the Act, the authority shall be under the supervision
and control of a seven (7) member board consisting of the city manager or his
or her designee and six (6) members appointed by the city manager subject to
approve by the council. Not less than a
majority of the members shall be persons having an ownership or business
interest in property located in the development area. At least one (1) of the members shall be a
resident of the development area or of an area within one-half mile of any part
of the development area. The board shall
elect a chairperson from among its members.
Of the members first appointed, two
(2) members shall be appointed for a term of one (1) year, two (2) members for
a term of two (2) years, one (1) member for a term of three (3) years, and one
(1) member for a term of four (4) years.
After the initial appointment, each member shall serve for a term of
four (4) years. A member shall hold
office until the member’s successor is appointed. An appointment to fill a vacancy shall be
made by the city manager for the unexpired term only. After having been given notice and an
opportunity to be heard, a member of the board may be removed for cause by the
council.
b)
Before
assuming the duties of office, a member shall quality by taking and subscribing
to the constitutional oath of office.
c)
The
business which the board may perform shall be conducted at a public meeting of
the board held in accordance with the Open Meetings Act, Public Act 267 of the
Public Acts of the State of Michigan of 1976, as amended. Public notice of the time, date and place of
the meeting shall be given in the manner required by Act 267. The board shall adopt rules consistent with
Act 267 governing its procedure and the holding of regular meetings, subject to
the approval of the council. Special
meetings may be held when called in the manner provided in the rules of the
board.
d)
A
writing prepared, owned, used, in the possession of, or retained by the board
in the performance of an official function is subject to the Freedom of
Information Act, Public 442 of the Public Acts of the State of Michigan of
1976, as amended.
e)
Members
of the board shall serve without compensation, but shall be reimbursed for
actual and necessary expenses.
f)
All
expense items of the authority shall be publicized monthly and the financial
records shall always be open to the public.
Sec. 30-17. Powers of authority.
The
board may do any of the following:
a)
Prepare
an analysis of economic changes taking place in the development area.
b)
Study
and analyze the impact of metropolitan growth upon the development area.
c)
Plan
and propose the construction, renovation, repair, remodeling, rehabilitation,
restoration, preservation, or reconstruction of a public facility, an exiting
building, or a multiple-family dwelling unit which may be necessary or
appropriate to the execution of a plan which, in the opinion of the board, aids
in the economic growth of the development area.
d)
Plan,
propose, and implement an improvement to a public facility within the
development area to comply with the barrier-free design requirements of the
state construction code promulgated under the Stile-De-Rossett-Hale singe state
construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
e)
Develop
long-range plans, in cooperation with the agency that is chiefly responsible
for planning in the municipality, designed to halt the deterioration of
property values in the development area and to promote the economic growth to
the development area, and take steps as may be necessary to persuade property
owners to implement the plans to the fullest extent possible.
f)
Implement
any plan of development in the development area necessary to achieve the
purposes of this act in accordance with the powers of the authority granted by
this act.
g)
Make
and enter into contracts necessary or incidental to the exercise of its powers
and the performance of its duties.
h)
Acquire
by purchase or otherwise, on terms and conditions and in a manner the authority
considers proper or own, convey, or otherwise dispose of, or lease as lessor or
lessee, land and other property, real or personal, or rights or interests in
the property, that the authority determines is reasonably necessary to achieve
the purposes of this act, and to grant or acquire licenses, easements, and
options.
i)
Improve
land and construct, reconstruct, rehabilitate, restore and preserve, equip,
improve, maintain, repair and operate any building, including multiple-family
dwellings, and any necessary or desirable appurtenances to those buildings,
within the development area for the use, in whole or in part, of any public or
private person or corporation or a combination thereof.
j)
Fix,
charge, and collect fees, rents, and charges for the payment of revenue bonds
issued by the authority.
k)
Lease,
in whole or in part, any facility, building, or property under its control.
l)
Accept
grants and donations of property, labor, or other things of value from a public
or private source.
m) Acquire and construct public
facilities.
n)
Conduct
market research and public relations campaigns, develop, coordinate, and
conduct retail and institutional promotions, and sponsor special events and
related activities.
o)
Contract
for broadband service and wireless technology service in a development area.
Sec. 30-18. Description of the development area.
The development area in which the
board shall exercise its powers as provided by Act 280 of the Public Acts of
the State of Michigan of 2005, as amended, shall consist of the property in the
city described as follows:
A parcel of the land in Sections 9,
10, 15, 16 and 22, T. 14 N. – R. 2 E., City of Midland, Midland County,
Michigan, described as follows:
To fix the point of beginning commence
at a point on the South line of Section 15, said point being the intersection
of the West 1/8 line of said Section 15 and said South Section line, said point
also being the intersection of East Patrick Road (so-called) and Bayliss Street
(so-called); thence North, on said West 1/8 line, 33.00 feet; thence East,
32.00 feet to the East right-of-way of said Bayliss Street and the point of
beginning of this description;
thence North, on said East
right-of-way line, 99.00 feet; thence East, 50.00 feet; thence North, 1.00
feet; thence East, 50.00 feet; thence North, 450.00 feet; thence West, 100.00
feet to said East right of way line of Bayliss Street so-called;
thence North, on said East line, 77.00
feet; thence East, 566.55 feet; thence North, 500.00 feet; thence East, 501.35
feet; thence South, 126.95 feet; thence East 240.00 feet to the centerline of
Washington Street (so-called), said centerline also being the North and South
1/4 line of said Section 15;
thence North, on said North and South
1/4 line, 361.39 feet to the intersection of the centerlines of said Washington
Street and Michigan Street (so-called);
thence Northwesterly, on the
centerline of said Michigan Street, to the intersection of said centerline of
Michigan Street and the South right-of-way of Eastlawn Drive (so-called);
thence East, on said South
right-of-way of Eastlawn Drive, to a point on the Westerly right-of-way of
South Saginaw Street (so-called), said point also being the Northeasterly
corner of Lot 1, Block 2, of recorded Plat of Assessor’s Plat Of Eastlawn
Addition;
thence Northwesterly, on said Westerly
right-of-way of said South Saginaw Street to a point, said point being 209.95
feet, measured along said Westerly right-of-way, Southeasterly of the Easterly
corner of Lot 1 of recorded Replat of Keppel’s Addition;
thence Southwesterly, 120.00 feet, to
the Southerly extension and a line common to Lots 1 through 13 of said Replat
of Keppel’s Addition;
thence Northwesterly, on said
Southerly extension and line common to Lots 1 through 13, to the North line of
said Replat of Keppel’s Addition; thence East, on said North line, 17.13 feet;
thence Northwesterly to the centerline
of Dartmouth Drive (so-called); thence Southwesterly, on said centerline of
Dartmouth Drive, to the Southerly extension of the Southwesterly right of way
line of Bayliss Street (so-called);
thence Northwesterly, on said
Southerly extension and right-of-way line of Bayliss Street (so-called), 198.49
feet;
thence West, 179.89 feet; thence
North, 60.00 feet; thence West, to the Easterly right-of-way line of Jefferson Avenue
(so-called);
thence North, on said Easterly
right-of-way of Jefferson Avenue (so-called), to the centerline of Rodd Street
(so-called); thence Southwesterly, on the centerline of Rodd Street
(so-called), to the centerline of Nickles Street (so-called);
thence Northwesterly, on said
centerline of Nickles Street (so-called), to the centerline of Ashman Street
(so-called); thence Northeasterly, on said centerline of Ashman Street, to the
centerline of Mertz Street (so-called);
thence Northwesterly, on said
centerline of Mertz Street, to the Southwesterly extension of the South line of
the recorded plat of Edgewood Park Subdivision;
thence Northeasterly, on said
Southwesterly extension and said South line of said plat of Edgewood Park
Subdivision, to the Northwesterly corner line of Lot 6, of the recorded plat of
Patterson’s Addition;
thence Northeasterly, on the
Northwesterly line of Lots 6, 7 and 8 of said Patterson’s Addition, to the
Northeasterly line of Lot 4 of said subdivision;
thence Northwesterly, on said
Northeasterly line of Lot 4 and the Northeasterly line of Lots 12 and 7 and
their extension in the recorded plat of Edgewood Park Subdivision, to the
Northerly right-of-way of Manor Drive (so-called); thence Northeasterly, on
said Northerly right-of-way, to a point 150.00 feet Southwesterly of the
intersection of the Northerly right-of-way of Manor Drive and the Westerly
right-of-way of North Saginaw Road;
thence Northwesterly, from said point,
120.00 feet; thence Northeasterly, to the centerline of North Saginaw Road
(so-called);
thence Southeasterly, on said
centerline of North Saginaw Road, to the intersection with the Southwesterly
extension of North Line of Lot 11 in the recorded Plat of Mol Subdivision;
thence Northeasterly, on said Southwesterly
extension and the North line of said Lot 11, 184.35 feet, to the Northeasterly
line of said Lot 11;
thence Southeasterly, on said
Northeasterly line of said Lot 11 and 12 of said subdivision, 203.08 feet, to
the Northwesterly line of Lot 13 of said subdivision;
thence Northeasterly, on said
Northwest line of said Lot 13, to the intersection with Vail Court (so-called)
right-of-way;
thence Southeasterly, on said
right-of-way line, 34.65 feet, to the East line of said Lot 13; thence South,
on the East line of said Lot 13, 125.20 feet, to the South line of said Plat of
Mol Subdivision;
thence East, on said South Subdivision
line and its Easterly extension, to the center line of Jefferson Avenue
(so-called) and the Section line common to Sections 9 and 10;
thence South, on said Section line, to
the Westerly extension of the South line of Lot 8 of the recorded plat
Assessor’s Plat No. 3; thence East, on said Westerly extension and the South
line of said Lot 8 and its Easterly extension to the centerline of relocated
Cambridge Street (so-called);
thence Southerly, on said centerline
of Cambridge Street, to the South line of Section 10 and the centerline of
Ashman Street, (so-called);
thence East, on said centerline, to
the intersection with the Northerly extension of the East line extended of Lot
4 of the recorded plat of Streuer’s Addition No. 3; thence South, on said
Northerly extension and said East line, to the Northeast line of Lot 24 of said
subdivision; thence Southeasterly, on said Northeast line of said Lot 24 and
its Southeasterly extension, to the centerline of Edwin Street (so-called);
thence Southwesterly, on said
centerline of Edwin Street, to the centerline of Cambridge Street (so-called);
thence Southeasterly, on the centerline of Cambridge Street, to the centerline
of Washington Street (so-called), said centerline also being the North and
South 1/4 line of said Section 15;
thence South, on said centerline of
Washington Street (so-called) to the intersection of the Northwesterly extension of the Southwesterly
right-of-way line of Wisconsin Road (so-called);
thence Southeasterly on said
Northwesterly extension and said Southwesterly line, to the East line of
Reinhart’s Addition; thence South, on said East line, 41.73 feet; thence Southeasterly,
166.44 feet; thence South, to the North right-of-way line of East Haley Street
(so-called); thence East, on said North right-of-way, to the centerline of
Virginia Street (so-called);
thence South, on the centerline of
said Virginia Street and its Southerly extension, to a point on the East line
of the recorded subdivision of Woodworth Addition, said point being 153.00 feet
South of the Northeast corner of said subdivision;
thence East, to a point on the West
line of the recorded plat of Parkwood Addition, said point being, 120.00 feet
South of the Northwest corner of Lot 51 of said Parkwood Addition plat;
thence South, on said West line, to
the Southerly line of Lot 52, said Southerly line of Lot 52, also being the
Northeasterly line of Lot 90 of said plat; thence Southeasterly, on a line
common to Lots 52 through 56 and 86 through 90 of said plat, 357.07 feet to the
mid point of the Northeasterly line of said Lot 86;
thence Southwesterly, on a line which
is parallel with and 30.00 feet, measured at right angles, Northwesterly of the
Southeasterly line, of said Lot 86, and its Southwesterly extension to the
centerline of vacated Colorado Street (so-called);
thence Southeasterly, on said
centerline of vacated Colorado Street to the centerline of the existing right
of way of said Colorado Street; thence continuing Southeasterly on said
centerline, to the centerline of Walsh Street (so-called);
thence South, on said centerline of
Walsh Street, to the South right of way line of East Patrick Road (so-called);
thence East, on said South line to the Southwesterly right of way line of the
“off ramp” of West Bound Highway M-20 / US 10;
thence Southeasterly on said
Southwesterly right of way of said “off ramp” to the North line of said West
Bound Highway M-20 / US 10;
thence West on said North line to a
point, 348.48 feet West of the East 1/8 line of Section 22; thence North, to
the North right-of-way of said East Patrick Road; thence West, on said North
line to the point of beginning.
Sec. 30-19. Director’s bond.
In the event the board elects to
employ a director as authorized by Section 9(1) of the Act, the director,
before entering upon the duties of office, shall, in addition to any other
requirements of law, post a bond in the penal sum of $10,000.00, payable to the
authority for the use and benefit of the authority, which shall be approved by
the board and filed with the city clerk.
The premium on the bond furnished by the director shall be considered an
operating expense of the authority, payable from funds available to the
authority for expenses of operation.
Sec. 30-20. Filing ordinance with secretary of state.
The City of Midland Corridor
Improvement Authority Ordinance and any amendments shall be filed with the
Secretary of State promptly after adoption.
Sec. 30-21. Fiscal year.
The fiscal year of the authority shall
begin on July first of each year and end on June thirtieth of the following
year or such other fiscal year as may hereinafter be adopted by the city.
Sec.
30-22. Adoption of budget.
The board shall annually prepare a
budget and shall submit it to the council on the same date that the proposed
budget for the city is required by the city charter to be submitted to the
council. The board shall not finally
adopt a budget for any fiscal year until the budget has been approved by the
council. The board may, however,
temporarily adopt a budget in connection with the operation of any improvements
which have been financed by revenue bonds for approval. The board shall not adopt a budget for any
fiscal year until the council has approved the budget.
Sec. 30-23. Termination.
Upon completion of its purposes for
which it is organized, the authority shall be dissolved by ordinance of the
council. The property and assets of the
authority remaining after the satisfaction of the obligations of the authority
shall revert to the city.
Section
3. All other provisions of the Code of
Ordinances not specifically amended shall remain in full force and effect.
Section
4. This ordinance shall become effective
upon publication.
(Motion
ADOPTED. Considered first reading. Yeas:
Adams, Donker, Johnson, Rokosz
Nays: McKeag)
No
public comments were made.
Council
recessed at 9:21 p.m. and resumed at 9:29 p.m.
Item
was withdrawn.
Director
of Planning and Community Development Keith Baker gave an overview of the site
plan. Mr. Gary Bartow of Bartow and King
Engineers explained the easement for adjacent access. The following resolution was then offered by
Councilman Adams and seconded by Councilman Donker:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 272 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. 272, 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 “box” style striping.
6. That
the appropriate land division (lot split) is completed prior to the issuance of
a building permit.
7. That
the connection between the salon parking lot and the fitness center parking lot
be removed.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
a report has been received from the City Engineer listing the proposed
construction projects for 2008-2009 which includes projects petitioned by
property owners, projects recommended by the City Administration and others;
and
WHEREAS,
City Council has reviewed the proposed construction projects list and received
comments from interested citizens; now therefore
RESOLVED,
that City Council hereby approves said proposed construction project listing
for 2008-2009 and directs the City Administration to include funding requests
for the proposed projects in the 2008-2009 budget; and
RESOLVED
FURTHER, that the report is hereby directed to be placed on file in the City
Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the
projects be placed in the lobby of Midland City Hall. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
Midland King’s Daughters Home has requested a grant of license that will
provide for the continued use of off-street parking, refuse placement and the
location of a hard wired emergency generator located in a city parking lot; and
WHEREAS,
the City of Midland and Midland King’s Daughters Home jointly agree to use the
city parking lot located adjacent to Central Park; now therefore
RESOLVED,
that the attached Grant of License agreement from the City of Midland to
Midland King’s Daughters Home, for use of the city parking lot adjacent to
Central Park for a period of fifty (50) years for parking, refuse placement and
hard wired emergency generator placement, is hereby accepted and that the
license agreement is ordered recorded; and
RESOLVED
FURTHER, that the Mayor and City Clerk are hereby authorized to sign said
licensing easement document. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that the attached Warranty Deed from the County of Midland to the City of
Midland, conveying a public street, from Jefferson Avenue west to the
North-South ¼ line of Section 33, T. 15 N., R. 2 E., is hereby accepted and
that the warranty deed is ordered recorded; and
RESOLVED
FURTHER, that said public street shall be named Commerce Drive. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED, that the attached Easement
Agreement from The Dow Chemical Company, to the City of Midland, for the water
mains and appurtenances surrounding the Dow Diamond baseball stadium site in
Section 21, T. 14 N., R. 2E City of Midland, Michigan, is hereby accepted and
that the Mayor and City Clerk are authorized to sign said agreement and that it
is ordered recorded. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED, that the
attached 2008
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that Traffic Control Order No. P-07-31 filed November 15, 2007 pursuant to
Chapter 24 of the Code of Ordinances to establish traffic control as follows:
That
parking shall be prohibited on Jefferson Avenue between Saginaw Road and Vail
Street with the exception of the west side of Jefferson Avenue from 130 feet to
230 feet north of the Circle.
is
hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that Jack Duso is hereby reappointed to the Midland County Central Dispatch
Authority Administrative Policy Board for a term of four years beginning
February 1, 2008. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City has surplus computer and other miscellaneous items that have been
removed from service and are no longer of use to City operations; and
RESOLVED,
that under the provisions of Section 2-24 of the Midland Code of Ordinances,
authorization is given to sell such items at public auction to be held on
Saturday, March 1, 2008 with the proceeds being deposited in the Data
Processing Computer Rental Fund, Sale of Assets account. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that the request from the Mackinac Center to hang seasonal commemorative flags
on the City light post outside of their entrance during 2008 to celebrate their
20th anniversary, is hereby approved subject to the following
conditions:
;and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that the request from the National Diabetic Association to conduct a Family Fun
Ride on Saturday, May 17, 2008, from 9:00 a.m. – 1:00 p.m. utilizing the Rail
Trail and the Tridge area, is hereby approved subject to the following
conditions:
;and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
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 13,398 gallons of diesel fuel from Karbowski Oil
of Bay City, Michigan for $35,101.42, executed by the Purchasing Agent on
January 15, 2008, is hereby approved.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
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 13,400 gallons of diesel fuel from Karbowski Oil
of Bay City, Michigan for $35,575.66, executed by the Purchasing Agent on
January 30, 2008, is hereby approved.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City of Midland requires updated aerial photography; and
WHEREAS,
funding for these services is being provided by the 2007-08 General Fund’s Assessing department budget, and in the 2007-08 GIS
budget; and
WHEREAS,
maintaining compatibility with Midland County and Central Dispatch, and the
need for specialized experience in the area of aerial photography is required;
now therefore
RESOLVED,
that in accord with Section 2-18 of the Code of Ordinances the Mayor and City
Clerk are hereby authorized to execute an agreement with Pictometry
International Corporation in the amount of $35,953.00 for aerial photography
and waive competitive bidding, subject to review and recommendation of the City
Attorney; and
RESOLVED
FURTHER, that the City Manager is authorized to approve change orders not to
exceed $3,600. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the Michigan Department of Transportation (MDOT) proposes a maintenance
agreement with the City of Midland for installing flashing beacons to existing
advance warning speed reduction signs on westbound US-10BR/M-20 approaching
Saginaw Road in the City of Midland; and
WHEREAS,
the said cost agreement requires a City cost share; and
WHEREAS,
the estimated annual City cost to maintain the flashing beacons signalized does
not exceed $96; and
WHEREAS,
the City will be billed by the State only for actual work performed; and
WHEREAS,
the City Attorney has reviewed the cost agreement; and
WHEREAS,
any necessary maintenance charges from MDOT will be provided by the Major
Street Maintenance Fund; now therefore
RESOLVED,
that an MDOT Cost Agreement for Traffic Signal Control is hereby accepted, and
the Mayor and City Clerk are authorized to sign the agreement on behalf of the
City of Midland. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
a proposed Contract No. 07-5688 has been submitted to the City of Midland by
the Michigan Department of Transportation for approval of funding for the
resurfacing of US-10 and related work at various locations within the City of
Midland; and
WHEREAS,
this contract is set up with Federal Aid assistance, which requires cost shares
from state and local jurisdictions; and
WHEREAS,
the total estimated cost of the related project is $15,384,900, of which cost
shares for Federal Aid will be $12,592,500, cost shares for MDOT will be
$2,478,200 and cost shares for the City of Midland will be $314,200; and
WHEREAS,
funding for Contract 07-5688 will be provided in the approved Major Street Fund
2008/09 budget; and
WHEREAS,
the City of Midland supports having described work completed; and
WHEREAS,
the City Attorney has approved the proposed contract; now therefore
RESOLVED,
that the City Council hereby approves the proposed Michigan Department of
Transportation Contract No. 07-5688 and authorizes the Mayor and City Clerk to
execute the contract on behalf of the City of Midland; and
RESOLVED
FURTHER, that the City Manager has the authority to approve change orders
modifying or altering related contracts in an aggregate amount not to exceed
$20,000. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the sealed proposals have been advertised and received in accord with Article
II of Chapter 2 of the Midland Code of Ordinances for restroom remodel at the
Grace A. Dow Memorial Library; and
WHEREAS,
the proposal submitted by The Tancor Corporation is the lowest bid; and
WHEREAS,
the City Manager is authorized to approve change orders not to exceed $5,000;
and
WHEREAS,
funding is available in the 2007/2008 Grace A. Dow Memorial Library budget; now
therefore
RESOLVED,
that the sealed proposal of Bid No. 3084, submitted by The Tancor Corporation
for the restroom remodel at the Grace A. Dow Memorial Library, in the amount of
$52,125 and change orders not to exceed $5,000, are hereby accepted and the
necessary purchase order authorized.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City currently uses J.E. Johnson for HVAC maintenance at the Library,
Riverside Place, and Washington Woods per a previous bid award that the
existing contract has expired; and
WHEREAS,
bids for a new contract were opened on January 15, 2008 for a 5-year period
which included two additional buildings; and
WHEREAS,
the Water Plant does not want to award their portion of the bid; and
WHEREAS,
the Library and City Hall want to award their building HVAC maintenance to
Nelson Trane of Flint in the amount of $23,000 for a basic service agreement;
and
WHEREAS,
Washington Woods and Riverside Place want to award their portion to J.E.
Johnson of Midland in the amount of $52,850 for a full service agreement; now
therefore
RESOLVED,
that a five-year agreement with Nelson Trane and J.E. Johnson is hereby
approved that would supply HVAC maintenance with annual increases for inflation
to the above buildings; and
RESOLVED
FURTHER, that the Mayor and City Clerk are hereby authorized to execute the
agreements with the contractors for said services. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that in accord with Section 11.6 of the Charter of the City of Midland, a
public hearing shall be conducted at 7:00 p.m., February 25, 2008 in the
Council Chambers of City Hall on the proposal to amend the 2007-08 budget of the
Equipment Revolving Fund to increase expenditures in the Capital Outlay,
Vehicles account by $77,468 for the unanticipated replacement of a salt/plow
truck that was totaled in a recent accident, and to increase the revenue by
$20,362 to reflect insurance money collected for the wrecked vehicle. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that in accord with Section 11.6 of the Charter of the City of Midland, a
public hearing shall be conducted at 7:00 p.m., February 25, 2008 in the
Council Chambers of City Hall on the proposal to amend the 2007-08 budget of
the Municipal Service Center Rental Fund to recognize the unanticipated expense
of replacing the generator at the Municipal Service Center. (Motion ADOPTED.)
Being
no further business the meeting adjourned at 10:22 p.m.
______________________________________
John E. Duso, Deputy City