March
24, 2008
A
regular meeting of the City Council was held on Monday, March 24, 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 March 10, 2008 regular meeting was offered by Councilman
McKeag and seconded by Councilman Rokosz.
(Motion ADOPTED.)
Assistant
City Manager Jack Duso introduced a Brownfield Redevelopment Plan for Hotel
Holdings Cinema, L.L.C. John Byl,
partner with Warner Norcross & Judd representing the project and Brian
Beukema and Peter Beukema of Suburban Ends Hotel Holdings Cinema, L.L.C. spoke
regarding specific details of the project.
A public hearing opened at 7:54 p.m.
Don Hall, Midland resident, owner of Fairview Inn, spoke in opposition
to approving the tax incentive. The
public hearing closed at 7:58 p.m. The
following resolution was then offered by Councilman Adams and seconded by
Councilman McKeag:
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the provisions of this Resolution are hereby repealed; and
RESOLVED
FURTHER, that the Mayor and City Clerk are hereby authorized and directed to
execute the Brownfield Reimbursement Agreement between Hotel Holdings Cinema,
L.L.C. and the City of Midland. (Motion ADOPTED. Yeas:
Adams, Donker, Johnson, Rokosz Nays:
McKeag)
No
public comments were made.
Midland
Community Television (MCTV) Director Ron Beacom acknowledged a $4,300 grant to
MCTV from the Michigan Baseball Foundation.
Michigan Baseball Foundation Director of Development Bob Rock spoke
regarding the grant. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Rokosz:
WHEREAS,
the Michigan Baseball Foundation, owner of the Great Lakes Loons, has selected
25 non-profit organizations in mid-Michigan to receive grants totaling
$100,500; and
WHEREAS,
Midland Community Television, a service of the City of Midland, has been
selected to receive a $4,300 grant; and
WHEREAS,
this grant will help MCTV purchase a portable production system to be used by
MCTV access users and students in the Midland Public Schools Video
Communications course; now therefore
RESOLVED, that the City Council acknowledges
this generous grant of $4,300 and expresses its gratitude to the Michigan
Baseball Foundation and the Great Lakes Loons for their support of access
television in Midland. (Motion ADOPTED.)
City
Clerk/Community Relations Director Selina Tisdale presented a resolution
reappointing incumbents to boards and commissions and establishing a timeline
for filling remaining vacancies. The
following resolution was then offered by Councilman Rokosz and seconded by
Councilman Donker:
WHEREAS,
the city staff has contacted all boards and commissions members whose terms
expire June 30, 2008, to confirm their interest in being reappointed and has
provided
RESOLVED, that the
Stuart
Bergstein, Aviation Advisory Commission, pilot representative
Robert
Granstra, Cable Access Advisory Commission, MCTV access user
Roy
Green, Cable Access Advisory Commission, citizen at large
Charlotte
Williams, Dial-A-Ride Advisory Commission, citizen at large
Marilyn
Soules, Library Board, citizen at large
Sid
Allen, Parks and Recreation Commission, citizen at large
Lois
Berthiaume, Parks and Recreation Commission, citizen at large
Charles
Martin, Parks and Recreation Commission, citizen at large
Scott
Gaynor, Planning Commission, citizen at large
Gayle
Hanna, Planning Commission, citizen at large
Carol
Svenson, Planning Commission, citizen at large
Tim
Lichtenwald, West Main Street Historic District Commission, Architect
Representative
Richard
Osburn, West Main Street Historic District Commission, citizen at large
John
Higgins, Zoning Board of Appeals, citizen at large
Shawn
Pnacek, Zoning Board of Appeals, citizen at large
Richard
Siemer, Zoning Board of Appeals, citizen at large; and
RESOLVED
FURTHER, that Douglas Hail is hereby reappointed as a citizen at large to the
Board of Review effective May 1, 2008 for a three (3) year term ending April
30, 2011; and
RESOLVED
FURTHER, that Norman Neher is hereby reappointed as the MPS representative to
the Cable Access Advisory Commission for a term ending June 30, 2010; and
RESOLVED
FURTHER, that Grish Chandra is hereby reappointed as a citizen at large to the
Local Officers Compensation Commission for a seven (7) year term ending June
30, 2015; and
RESOLVED
FURTHER, that city staff is directed to begin disseminating information
regarding the remaining boards and commissions vacancies. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the attached Easement Agreements from the D&B Family Limited
Partnership and KKB & KPB LLC to the City of Midland, conveying permanent
easements and rights-of-way for public water mains and storm water facilities
on the Firehouse Car Wash site on Joe Mann Boulevard in Section 33, T. 15 N.,
R. 2 E., are hereby accepted and that the Easement Agreements are ordered
recorded; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to sign said agreements
on behalf of the City of Midland. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
certain streets have been constructed within the City of Midland as listed
below:
Fast Ice Drive from south end of existing
street to Rockwell Drive
Mammoth Pines Drive from S. Line Winding Creek Sub. No. 2
to Winding Creek Court
Powder Horn Trail from N. Line Foxfire Sub. No. 1
to West End of street
Winding Creek Court from N. Line Winding Creek Sub. No. 2
to end of cul-de-sac
; and
WHEREAS, the centerline of Commerce Drive is
described as: Beginning at a Northeast Corner of Section 33, T. 15 N., R. 2 E.;
thence South 89° 59’ 07” West 1393.03 feet, along the North line of said
Section 33; thence along a 830.00 foot radius curve to the left having a
central angle of 38° 50’ 45” and a long chord bearing and distance of South 70°
33’ 45” West 552.0 feet; thence along a 830 foot radius curve to the right
having a central angle of 38° 51’ 59” and a long chord bearing and distance of
South 70° 34’ 22” West 552.30 feet; thence North 89° 59’39” West 576.46 feet,
to the end of existing Commerce Drive and the Point of Ending; and
WHEREAS, the centerline of Fast Ice
Drive is described as: Commencing at the
Southeast Corner of Section 24, T.14 N., R. 2 E.; thence North 01° 43’ 40” East
780.11 feet, along the East Section Line to the Point of Beginning; thence
North 89° 15’ 36” West 740.68 feet; thence along a 470.00 foot radius curve to
the left having a central angle of 19° 47’ 34” and a long chord bearing and
distance of South 80° 50’ 37” West 161.98 feet;
thence South 70° 56’ 50” West 58.31 feet; thence along a 530.00 foot
radius curve to the right having a central angle of 39° 27’ 30” and a long
chord bearing and distance of North 89° 19’ 25” West 357.82 feet; thence North
69° 35’ 40” West 60.88 feet; thence along a 470.00 foot radius curve to the
left having a central angle of 19° 39’ 56” and a long chord bearing and
distance of North 79° 25’ 38” West 160.53 feet; thence North 89° 15’ 36” West
63.31 feet; thence along a 230.00 foot radius curve to the right having a
central angle of 90° 59’ 57” and a long chord bearing and distance of North 43°
45’ 37” West 328.10 feet; thence North 01° 44’ 21” East 495.19 feet, to the
South end of existing Fast Ice Drive and the Point of Ending; and
WHEREAS, the centerline of Powder Horn
Trail is described as: Beginning at the
intersection of the North line of Foxfire Subdivision No. 1 with the centerline
of Powder Horn Trail; thence along a 80.00 foot radius curve to the
left having a central angle of 23° 50’ 04” and a long chord bearing and
distance of North 48° 30’ 12” West 33.04 feet; thence North 60° 25’ 14” West 457.72
feet, to the Point of Ending; and
WHEREAS,
Mammoth Pines Drive and Winding Creek Court are in the recorded plat of Winding
Creek Estates No. 2; and
WHEREAS,
said streets were constructed and open to traffic prior to December 31, 2007;
and
WHEREAS, it is necessary to furnish certain
information to the State of Michigan to place said streets within the City of
Midland Street System for the purpose of obtaining funds under Act 51, P.A.
1951 as amended; now therefore
RESOLVED,
that said streets are located within public rights-of-way under the control of
the City of Midland; and
RESOLVED
FURTHER, that the City of Midland hereby accepts the above public streets into
the City of Midland Local Street System for public street purposes.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
a request has been submitted to the City of Midland by Michigan Logos, Inc. on
behalf of the Michigan Department of Transportation (MDOT), to permit placement
of directional guide, or trailblazer signs within the City right-of-way on
Patrick Road between Swede Avenue and Saginaw Road; and
WHEREAS,
MDOT will permit Michigan Logos, Inc. to install related trailblazer signage on
State roadways to accommodate said request; and
WHEREAS,
the requestor desires additional directional guide signs within City
jurisdiction to further identify the destination routes; and
WHEREAS,
the sign materials, locations, and installations will meet City and State
requirements; and
WHEREAS,
the installation of these directional guide signs serve public or civic
interest; now therefore
RESOLVED,
that City Council approves the placement of directional guide signs on Patrick
Road in the best interest of the City.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
a request has been submitted to the City of Midland by Michigan Logos, Inc. on
behalf of the Michigan Department of Transportation (MDOT), to permit placement
of directional guide, or trailblazer signs within the City right-of-way on
Eastman Avenue between US-10 and Joe Mann Boulevard; and
WHEREAS,
MDOT will permit Michigan Logos, Inc. to install related trailblazer signage on
State roadways to accommodate said request; and
WHEREAS,
the requestor desires additional directional guide signs within City
jurisdiction to further identify the destination routes; and
WHEREAS,
the sign materials, locations, and installations will meet City and State
requirements; and
WHEREAS,
the installation of these directional guide signs serve public or civic
interest; now therefore
RESOLVED,
that City Council approves the placement of directional guide signs on Eastman
Avenue in the best interest of the City.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that Traffic Control Order No. S-08-01 filed January 21, 2008 pursuant to
Chapter 24 of the Code of Ordinances to establish traffic control as follows:
That Allen Street shall stop for
Reardon Street.
is hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the request from the Midland County Democrats to use the lawn area outside
of the Farmers Market area on Wednesdays and Saturdays from 8:00 a.m. – 12:00
noon during May through October, 2008 to promote democrat candidates, 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:
RESOLVED,
that the request from 3 Disciplines Racing to hold the Chad Schieber Memorial
Run on Saturday, October 18, 2008, beginning at 8:00 a.m. on Main Street at the
entrance to Emerson Park, utilizing the public rights-of-way, 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:
RESOLVED,
that the request from the Great Lakes Loons to hang banners on the City light
poles in the downtown district from April 1 through June 23, 2008, to advertise
some of their special events, 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:
RESOLVED,
that the request from the Creative Spirit Center to hold “The Trapeze
Experience” in a grassy area near the Farmers Market on September 5 – 7, 2008,
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,
sealed proposals have been advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the annual pavement marking of
major streets; and
WHEREAS,
sufficient funding for this project is provided by the Major Street Fund; now
therefore
RESOLVED,
that the sealed proposal submitted by P.K. Contracting, Inc. of Lake City,
Michigan, for the "2008 Pavement Marking Program; Contract No. 16",
in the indicated amount of $ 38,759.50, based upon City estimated quantities is
hereby accepted and the Mayor and the City Clerk are authorized to execute a
contract therefore in accord with the proposal and the City's specifications;
and
RESOLVED
FURTHER, that the City Manager has the authority to approve change orders
modifying this contract in an aggregate amount not to exceed $5,000.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for reconstruction, resurfacing and installation of a new
water main on Sugnet Road from Orchard Drive to Eastman Avenue; and
WHEREAS,
funding for this project is provided by the Major Street Fund and Water Fund;
now therefore
RESOLVED,
that the low sealed proposal submitted by Rohde Brothers Excavating, Inc. of
Saginaw, Michigan, for the "2008 Sugnet Road Reconstruction and Water
Main; Contract No. 2", in the indicated amount of $436,339.00, based upon
City estimated quantities is hereby accepted and the Mayor and the City Clerk
are authorized to execute a contract therefore in accord with the proposal and
the City's specifications; and
RESOLVED
FURTHER, that the City Manager has the authority to approve change orders
modifying or altering this contract in an aggregate amount not to exceed
$20,000. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
sealed proposals have been advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack
sealing of local and major streets; and
WHEREAS,
funding for this project is provided by the Major and Local Street Funds; now
therefore
RESOLVED,
that the low sealed proposal submitted by Highway Maintenance &
Construction Company, Inc. of Romulus, Michigan for the "2008 Surface
Treatment & Crack Sealing Program; Contract No. 4", in the indicated
amount of $346,355.65 based upon City estimated quantities is hereby accepted
and the Mayor and the City Clerk are authorized to execute a contract therefore
in accord with the proposal and the City's specifications; and
RESOLVED
FURTHER, that the City
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
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 two greens mowers is included 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 of Sparta, Michigan in the
amount of $44,856.00 for the purchase of two Toro Greensmaster 3150 mowers, all
in accordance with the State of Michigan Extended Purchasing Program proposal
and specifications. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
The Dow Chemical Company by means of a letter dated March 10, 2008, which was
received by the City Clerk on March 12, 2008, has requested the establishment
of an Industrial Development District as described in said communication under
the scope of Act
WHEREAS,
the decision on whether to establish such a district as a condition precedent
to industrial development assistance through property tax incentives rests with
the City Council acting in accord with the criteria and procedures contained in
Public Act
WHEREAS,
prior to such action by the City Council, a public hearing shall have been held
as required by Section 4(4) of said Act; now therefore
RESOLVED,
that a public hearing will be held before the City Council on April 28, 2008 at
7:00 p.m. in the Council Chambers at City Hall,
Being
no further business the meeting adjourned at 8:30 p.m.
______________________________________
Selina Tisdale, City