May
12, 2008
A
regular meeting of the City Council was held on Monday, May 12, 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 April 28, 2008 regular and April 28, 2008 and May 5, 2008
special meetings was offered by Councilman Adams and seconded by Councilman Donker. (Motion ADOPTED.)
Communication
Coordinator Libby Richart introduced Sid Allen, President and CEO of the
Midland Area Chamber of Commerce. The
following resolution was then offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that the Mayor is authorized to issue the attached proclamation designating May
17, 2008 as Midland Blooms Day in Midland.
(Motion ADOPTED.) Mayor Johnson
presented Mr. Allen with the proclamation.
Planning
and Community Development Director Keith Baker presented Zoning Petition No.
549 – rezoning property at 215 Fast Ice Drive from Agricultural to Limited
Commercial Manufacturing and Research.
Gary Pach, CFO & COO of the Apothecary Shoppe, spoke on behalf of
the petitioner. A public hearing opened
at 7:20 p.m. Scott Walker, Midland
Tomorrow, spoke in support of the zoning petition. The hearing closed at 7:22
p.m. The following ordinance amendment
was then offered by Councilman McKeag and seconded by Councilman Adams:
ORDINANCE
NO. 1656
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 LIMITED COMMERCIAL MANUFACTURING AND
RESEARCH (LCMR) ZONING WHERE AN AGRICULTURAL 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 SOUTHEAST ¼ OF SECTION 24, T14N R2E, CITY OF MIDLAND,
MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS COMMENCING AT THE
SOUTHEAST SECTION CORNER OF SAID SECTION 24; THENCE N 89D 15M 36S W, 1889.31
FEET, ALONG THE SOUTH SECTION LINE, TO THE POINT OF BEGINNING; THENCE CONTINUE
N 89D 15M 36S W, 614.57 FEET; THENCE N 01D 48M 25S E 600.00 FEET, PARALLEL WITH
AND 150.00 FEET EAST OF, MEASURED AT RIGHT ANGLES, THE NORTH-SOUTH ¼ LINE;
THENCE S 89D 06M 00S E, 435.00 FEET, THENCE N 58D 32M 46S E 382.28 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT, AN ARC DISTANCE OF 167.90 FEET, SAID
CURVE HAVING A RADIUS OF 260.00 FEET, CHORD BEARING AND DISTANCE OF S 70D 45M
35S E, 165.00 FEET AND A DELTA ANGLE OF 37D 00M 01S ALONG THE SOUTHERLY RIGHT
OF WAY LINE OF FAST ICE DRIVE, THENCE S 89D 15M 36S E, 35.55 FEET, ALONG SAID
RIGHT OF WAY LINE, THENCE S 25D 34M 34S W, 826.43 FEET TO THE POINT OF
BEGINNING.
Be, and the same
is hereby changed to Limited Commercial Manufacturing and Research LCMR).
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. (Ordinance ADOPTED.)
City Assessor Reid Duford presented a
request from The Dow Chemical Company for an Industrial Facilities Exemption
Certificate within the Michigan Division Dow Chemical Company Plant
Rehabilitation District No. 1. David
Dupree, President of Dow’s Michigan Operations, spoke regarding the
request. A public hearing opened at 7:35
p.m. Scott Walker, Midland Tomorrow,
spoke in favor of Council granting the IFT.
The public hearing closed at 7:40 p.m.
The following resolution was offered by Councilman McKeag and seconded
by Councilman Rokosz:
WHEREAS,
the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1
was established by resolution of the Midland City Council on September 25,
1978; and
WHEREAS,
The Dow Chemical Company made an application dated March 27, 2008, which was
received by the City Clerk on March 28, 2008, for an Industrial Facilities
Exemption Certificate relating to approval of a new facility within said
District; and
WHEREAS,
the application for the certificate is for approval of a new facility with a
total project cost of $11,485,000, which includes $9,925,000 in new personal
property and $1,560,000 for land improvements and building modifications with
the same being located within the Michigan Division Dow Chemical Company Plant
Rehabilitation District No. 1, to enable continued operation of existing
production trains in the SARAN Resins facility by upgrading instrumentation and
equipment; and
WHEREAS,
the City Council, by written notice, afforded the applicant, the City Assessor,
and representatives of each affected taxing unit an opportunity for a hearing
on May 12, 2008, as required by Public Act
WHEREAS,
the application appears to comply with the requirements set forth in Section 9
of said statute, as amended, in that the proposed facility is located within a
plant rehabilitation district that was duly established within the City of
Midland with the City of Midland being eligible under said statute to establish
such a district and with the district having been established upon a request
before the commencement of the restoration, replacement or construction of the
facility described herein; that the commencement of this project did not occur
earlier than six months before the filing of the application for the industrial
facilities exemption certificate, that the application relates to a
construction, restoration or replacement program that when completed
constitutes a new or replacement facility within the meaning of said statute
and is situated within a previously established plant rehabilitation district
that was established in the City of Midland which was itself eligible under the
statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in
the community; now therefore
RESOLVED,
that the City Council of the City of Midland finds and determines that the
granting of the industrial facilities exemption certificate requested by The
Dow Chemical Company considered together with the aggregate amount of
industrial facilities exemption certificates previously granted and currently
in force, shall not have the effect of substantially impeding the operation of
the City of Midland or impairing the financial soundness of any other taxing
unit which levies an ad valorem property tax in the City of Midland; and
RESOLVED
FURTHER, that said application for an Industrial Facilities Exemption
certificate from The Dow Chemical Company for a new facility approval within
the Plant Rehabilitation District be and the same is hereby approved for a
period of 12 years “after completion”; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and The Dow Chemical Company pursuant
to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
City
Assessor Reid Duford presented a request from New-Tech, Zeigler Enterprises,
Inc. for an Industrial Facilities Exemption Certificate within the MSARI
Holdings Industrial Development District No. 1.
Bonnie Zeigler with New-Tech spoke regarding the IFT request. A public hearing opened at 7:50 p.m. Scott Walker, Midland Tomorrow, spoke in
favor of Council granting the IFT. The
hearing closed at 7:52 p.m. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS,
the MSARI Holdings Industrial Development District No. 1 was established by
resolution of the Midland City Council on December 3, 2007; and
WHEREAS,
New-Tech, Zeigler Enterprises, Inc. made an application dated March 19, 2008,
which was received by the City Clerk on March 24, 2008, for an Industrial
Facilities Exemption Certificate relating to approval of a new facility within
said District; and
WHEREAS,
the application for the certificate is for approval of a new facility with a
total project cost of $569,284, which includes $31,948 in new personal property
and $537,336 for land and building improvements with the same being located
within the MSARI Holdings Industrial Development District No. 1, to build and
equip New-Tech’s new offices and R & D lab used for inventing new products
or improving existing patented items; and
WHEREAS,
the City Council, by written notice, afforded the applicant, the City Assessor,
and representatives of each affected taxing unit an opportunity for a hearing
on May 12, 2008, as required by Public Act
WHEREAS,
the application appears to comply with the requirements set forth in Section 9
of said statute, as amended, in that the proposed facility is located within an
industrial development district that was duly established within the City of
Midland with the City of Midland being eligible under said statute to establish
such a district and with the district having been established upon a request
before the commencement of the restoration, replacement or construction of the
facility described herein; that the commencement of this project did not occur
earlier than six months before the filing of the application for the industrial
facilities exemption certificate, that the application relates to a
construction, restoration or replacement program that when completed
constitutes a new or replacement facility within the meaning of said statute
and is situated within a previously established industrial development district
that was established in the City of Midland which was itself eligible under the
statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in the community; now therefore
RESOLVED,
that the City Council of the City of Midland finds and determines that the
granting of the industrial facilities exemption certificate requested by
New-Tech, Zeigler Enterprises, Inc. considered together with the aggregate
amount of industrial facilities exemption certificates previously granted and
currently in force, shall not have the effect of substantially impeding the
operation of the City of Midland or impairing the financial soundness of any
other taxing unit which levies an ad valorem property tax in the City of
Midland; and
RESOLVED
FURTHER, that said application for an Industrial Facilities Exemption
certificate from New-Tech, Zeigler Enterprises, Inc. for a new facility
approval within the Industrial Development District be and the same is hereby
approved for a period of 12 years with an ending date of December 30, 2020; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and New-Tech, Zeigler Enterprises,
Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
Fiscal
Services Director David Keenan presented the City Manager’s Proposed 2008-09
Budget. A public hearing opened at 8:06
p.m. Richard McCreadie, 2700 Washington,
spoke regarding budget concerns. The
hearing closed at 8:13 p.m.
Planning
and Community Development Director Keith Baker presented the 2008-09 Community
Development Block Grant Budget. A public
hearing opened at 8:41 p.m., recognizing no public comments, the hearing closed
a 8:41 p.m. The following resolution was
then offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS,
the City of Midland will receive $243,589 in Community Development Block Grant
funds for fiscal year 2008-09; and
WHEREAS,
$60,000 is expected to be received in program income during the fiscal year,
and approximately $100,000 will be carried forward from prior fiscal years; and
WHEREAS,
on March 3, 2008, the Housing Commission recommended approval of this budget;
and
WHEREAS,
a public hearing was held by the City Council on May 12, 2008, at 7:00 p.m., in
the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland,
Michigan, for the purpose of receiving public comment on the pending action of the
City Council on the 2008-09 Community Development Block Grant Program, as set
forth in the attached table; now therefore
RESOLVED,
that the City Council hereby adopts the proposed 2008-09 budget, as set forth
in the attached table (Attachment A), for the proposed use of funds for the
Community Development Block Grant Program. (Motion ADOPTED.)
Director
of Public Services Karen Murphy presented an amendment to the Equipment
Revolving Fund budget for the purchase of a 6-person truck for the Water
Department and a bid for a replacement truck.
A public hearing opened at 8:45 p.m., recognizing no public comments,
the hearing closed at 8:45 p.m. The following
resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of
Midland, and after having given proper legal notice, and having conducted a
public hearing Monday, May 12, 2008 on the proposal to amend the 2007-08 budget
of the Equipment Revolving Fund to increase expenditures in the Capital Outlay,
Vehicle account by $8,250 toward the purchase of a crew cab service truck, and
to increase the associated revenue in the Sale of Assets account by $8,250 to
reflect an increase in the anticipated trade-in value of the truck being
replaced; and
WHEREAS,
there are sufficient funds in the Equipment Revolving Fund Capital Outlay,
Vehicle account to cover the remaining cost of the replacement vehicle; now
therefore
RESOLVED,
that the 2007-08 budget of the Equipment Revolving Fund is hereby amended to
increase expenses by $8,250 for the purchase of a crew cab service truck, and
to increase revenues by $8,250 to recognize an increased trade-in value of the
truck being replaced. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
sealed proposals were advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the purchase of a crew cab
service truck, Bid No. 3099; and
WHEREAS,
sufficient funding for the purchase of the service truck is included in the
2007-08 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now
therefore
RESOLVED,
that the Purchasing Agent is authorized to issue a purchase order to Diesel
Truck Sales of Saginaw, Michigan in the amount of $78,332.00 for the purchase
of one crew cab service truck to include trade-in of existing city unit #
3-38, in accordance with the proposal
and city specifications. (Motion
ADOPTED.)
Andrew
Christ, 2217 Tennessee Street, spoke regarding the My Favorite Poem event
sponsored by Grace A. Dow Memorial Library and the Poetry Society of
Michigan. The event will be held in the
Library Lounge on October 23, 2008 and City Council and public is invited to
contact him to participate.
Planning
and Community Development Director Keith Baker presented for second reading and
adoption of an Ordinance to create a Corridor Improvement Authority (CIA) in
the City of Midland. Heidi Saidi-Zand, Business
Development Coordinator for the Midland Area Chamber of Commerce and the Project
Manager for the Center City Initiative, spoke regarding the CIA. Richard McCreadie, 2700 Washington, spoke in opposition
to creation of the CIA. Sid Allen,
president and CEO of the Midland Area Chamber of Commerce, spoke in support of
the CIA. Clint Struthers, 409 Capitol
Drive, a business owner in Midland, also spoke in support of the CIA. The following resolution was then offered by
Councilman Adams and seconded by Councilman Donker:
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,
on January 7, 2008 the City Council passed a “Resolution of Intent” for 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,
it is the intent of the City Council 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,
a public hearing for a proposed ordinance was 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; and
WHEREAS,
the City Council heard public comments both in support of and in opposition to
the proposed creation of a corridor improvement authority; and
WHEREAS, 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;
now therefore
RESOLVED,
that the City Council hereby adopts Ordinance No. 1657, which authorizes the
establishment of a Corridor Improvement Authority for the South Saginaw
Road/Ashman Circle commercial corridor, designates the boundaries of the
Authority and creates the Corridor Improvement Authority Board. (Motion ADOPTED.)
The
following ordinance amendment was offered by Councilman McKeag and seconded by
Councilman Adams:
ORDINANCE
NO. 1657
AN ORDINANCE to amend the Code of Ordinances of the
City of Midland, Michigan, by amending SECTION 30-1, DESIGNATING SECTION 30-2
THROUGH SECTION 30-11 AS ARTICLE I, AND
adding A NEW ARTICLE TO BE DESIGNATED AS
ARTICLE 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. Section 30-2 through Section 30-11
are hereby designated as Article I, which reads as follows:
ARTICLE I. DOWNTOWN DEVELOPMENT AUTHORITY
(Sections 30-2 through 30-11 remain unchanged
by this reference)
Section
3. Article II is hereby added to read as
follows:
ARTICLE II. CORRIDOR IMPROVEMENT AUTHORITY
Sec. 30-13. 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. 30-14. 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.
(Ordinance
ADOPTED.)
Planning
and Community Development Director Keith Baker presented Site Plan No. 276 –
Wilcox Professional Services, LLC, on behalf of Members First Credit Union, for
an expanded parking lot and an additional curb cut located at 400 Dartmouth
Drive on 0.9 acres. Brent Barringer,
Wilcox Professional Services, spoke regarding the project. Eric Brubaker, Foxpoint Circle, employee of
Members First Credit Union, also spoke regarding the project. The following resolution was then offered by
Councilman McKeag 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. 276 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. 276, 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
5.01D of the Zoning Ordinance and be delineated by the “box” style striping.
6. That the total calculation for permitted
parking shall not exceed twenty-seven (27) stalls as approved by the Midland
City Planning Commission.
(Motion
ADOPTED.)
Fiscal
Services Director David Keenan presented a report on the timeline for paying
the tax appeal refund to Midland Cogeneration Venture for the years
2001-2007. The following resolution was
then offered by Councilman McKeag and seconded by Councilman Donker:
RESOLVED,
that the expected timeline for issuing bonds to pay the unfunded portion of the
City’s refund to the Midland Cogeneration Venture for settlement of the tax
appeal between the City of Midland and the Midland Cogeneration Venture for
years 2001 through 2007, is hereby acknowledged as being received by the
Midland
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the property at 309 E. Grove Street was purchased with Community Development
Block Grant (CDBG) funds for the purpose of creating affordable housing; and
WHEREAS,
HUD regulations require that properties involving CDBG funds be used for low-
and moderate-income households; and
WHEREAS,
Midland County Habitat for Humanity is proposing to build a house on this site
for the benefit of low- and moderate-income households; now therefore
RESOLVED,
that the Mayor and City Clerk are authorized to execute a deed, as prepared by
the City Attorney, for the sale of said property to Midland County Habitat for
Humanity in the sale amount of One Dollar ($1.00).
RESOLVED
FURTHER, that the requirement of sealed proposals for sale of said property is
hereby waived as being impractical and unwarranted. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED, that the Saginaw-Midland
Municipal Water Supply Corporation 2008-2009 Fiscal Year Budget for the Capital
Improvement and Emergency Repair Fund in the amount of $254,000.00 is hereby
approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that the request from the American Legion to sell poppies during their annual
Poppy Days on May 15 and 16, 2008, utilizing the public rights-of-way, is
hereby approved; and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City’s landfill engineering consultant, CTI and Associates, Inc. (CTI),
routinely assists Landfill staff with general engineering support, which may
include work to review special waste profiles, support with regulatory issues
that arise through site and reporting reviews by the Michigan Department of
Environmental Quality (MDEQ), survey work, and small scale designs; and
WHEREAS,
each year, funds for general engineering support are made available through an
administratively approved purchase order of up to $20,000.00; and
WHEREAS,
this year, two compliance issues have increased the need for additional general
engineering; 1) Cell 14 landfill gas and leachate migration ($9,000.00), and 2)
Late filing of a 1996 air emissions report deadline to MDEQ ($37,000.00) for a
total additional need of $46,000.00; and
WHEREAS,
funding for general engineering assistance needs is budgeted in the 2007/08
Landfill account #517-8110-811.80-02 – Professional Services; now therefore
RESOLVED,
that an increase of $46,000.00 to the existing purchase order of $20,000.00 to CTI and Associates, Inc. of Brighton,
Michigan, bringing the total purchase order to $66,000.00, to resolve
two compliance issues; 1) Cell 14 landfill gas and leachate migration, and 2)
Late filing of a 1996 air emissions report deadline to MDEQ is hereby authorized; and
RESOLVED
FURTHER, that the City
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the Wastewater Plant’s concrete diversion chamber, that functions to divert the
excess sewage flowing through the plant during the daytime hours into an
underground retention basin, is subjected to hydrogen sulfide (H2S),
which is a corrosive acid created from the decomposition of sewage; and
WHEREAS,
the deterioration of the concrete can be stopped, and corrosion resistance
established, by applying a cementitious product followed by a monolithic
spray-application of a high-build solvent-free epoxy coating to the surface
areas; and
WHEREAS,
in March 2006, Council authorized acceptance of the low bid submitted by
Advanced Underground of Westland, Michigan for concrete rehabilitation of the
Wastewater Plant’s weir & flow channel at a cost of $16.70 per square foot;
and
WHEREAS,
Advanced Underground has agreed to honor that rate for rehabilitation of the
Plant’s diversion chamber at a total cost of $24,883.00 (1,490 sq.ft. x
$16.70); and
WHEREAS,
funding for this work is available in the 2007/08 Wastewater fund account
590-9120-912.97-20 – Capital Outlay/Building and Additions; now therefore
RESOLVED, that the previously bid
price of $16.70 per square feet from Advanced Underground of Westland, Michigan
for concrete rehabilitation is hereby accepted and a purchase order is
authorized in the amount of $24,883.00.
(Motion ADOPTED.)
Being
no further business the meeting adjourned at 9:59 p.m.
______________________________________
Selina Tisdale, City