April 11, 2011

 

A regular meeting of the City Council was held on Monday, April 11, 2011, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  Boy Scout Troop 778 from LDS Church led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the March 21, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

VOICES: EXTRAORDINARY WOMEN OF MIDLAND COUNTY

Community Relations Director Selina Tisdale introduced Tina Van Dam, Chair of the VOICES exhibit.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation recognizing the VOICES: Extraordinary Women of Midland County exhibit that will open at Doan History Center on April 30, 2011.  (Motion ADOPTED.)  Mayor Donker presented Tina Van Dam with the proclamation.

 

ARBOR DAY

Director of Public Services Karen Murphy presented information on Arbor Day.  The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Friday, April 29, 2011, as Arbor Day in the City of Midland.  (Motion ADOPTED.) Mayor Donker presented Karen Murphy with the proclamation. 

 

2011 DOWNTOWN ECONOMIC REVITALIZATION IMPROVEMENT (Hearing of Necessity)

City Assessor Reid Duford presented the 2011 Downtown Economic Revitalization Public Improvement Special Assessment District.  A public hearing of necessity opened at 7:21 p.m., recognizing no public comments, the hearing closed at 7:21 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Johnson:

 

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated March 21, 2011, said district being:

          That area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17, the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all

          within the City of Midland, Midland County, Michigan.

and has heretofore established one special assessment district designated:

"2011 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 11, 2011, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand twenty-two and 98/100 dollars ($72,022.98) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand twenty-two and 98/100 dollars ($72,022.98) shall be borne and paid by special assessment on all lands and premises in said 2011 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"2011 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT  DISTRICT"         

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2011 DOWNTOWN ECONOMIC REVITALIZATION IMPROVEMENT ASSESSMENT ROLL

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "2011 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the ninth day of May, 2011, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the ninth day of May, 2011, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor's Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Dick McCreadie, 601 S. Saginaw Road, expressed his opposition to proposed fees for fire inspections. 

 

PROPOSED 2011-12 CITY BUDGET

Fiscal Services Director David Keenan presented the City Manager’s Proposed 2011-2012 Budget and resolution directing the City Clerk to publish a notice of public hearings on the budget. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, City Council has previously approved, at its regular Council meeting on November 22, 2010, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 25, 2011, in the Council Chambers of City Hall, on the proposed 2011-12 budget; and

WHEREAS, City Council has previously approved at the same meeting 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., Monday, May 9, 2011, in the Council Chambers of City Hall on the proposed 2011-12 budget; now therefore

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2011-12 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2011-12 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Road, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2010-11 adopted budget and the 2011-12 proposed budget.  (Motion ADOPTED.)

 

GIFT - RESTROOM FACILITY AT PLYMOUTH PARK

Director of Public Services Karen Murphy presented a resolution accepting a gift of a restroom facility at Plymouth Park from the Northeast Little League.   The following resolution was then offered by Councilman Johnson and seconded by Councilman Wazbinski:

 

WHEREAS, the Northeast Little League has offered the gift of a restroom facility to the City to be built at Plymouth Park; and

WHEREAS, the Parks and Recreation Commission, at their meeting of April 5, 2011, voted unanimously to recommend that the City Council accept the gift; now therefore

RESOLVED, that the City hereby accepts the offer of the Northeast Little League to build a restroom facility at Plymouth Park.  (Motion ADOPTED.)

 

DDA - LUONGO RESIGNATION

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the resignation of Lynne Luongo as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Luongo for her service on this important Board.  (Motion ADOPTED.)

 

AVIATION ADVISORY COMMISSION – HALLETT REAPPOINTMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that Jackson Hallett is hereby reappointed to the Aviation Advisory Commission as a pilot representative for a term expiring June 30, 2014.  (Motion ADOPTED.)

 

PLANNING COMMISSION – HANNA REAPPOINTMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that Gayle Hanna is hereby reappointed to the Planning Commission as a citizen at large for a term expiring June 30, 2014.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER D-11-01

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that Traffic Control Order No. D-11-01 filed January 28, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal at the intersection of Discovery Way and Washington Street shall operate on full color operation 6 a.m. to 11 p.m. and flash operation 11 p.m. to 6 a.m. Monday - Thursday.  The traffic signal shall operate on full color operation on Friday from 6 a.m. to 7 p.m. and flash operation beginning at 7 p.m. Friday to 6 a.m. Monday.  Further, that the existing Traffic Control Order D-07-06 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER D-11-02

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that Traffic Control Order No. D-11-02 filed January 28, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal at the intersection of Discovery Way and Saginaw Road shall operate on full color operation 6 a.m. to 11 p.m. Monday - Friday and 9 a.m. to 9 p.m. Saturday - Sunday.  The traffic signal shall operate on flash operation from 11 p.m. Friday to 9 a.m. Saturday, 9 p.m. Saturday to 9 a.m. Sunday and 9 p.m. Sunday to 6 a.m. Monday.   Further, that the existing Traffic Control Order D-07-06 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

MILITARY FLYOVER – AMERICAN LEGION BASEBALL TOURNAMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, the American Legion desires to have a military flyover during the opening ceremonies of the Great Lakes Regional American Legion Baseball Tournament to be held on August 4, 2011; and

WHEREAS, military flyover requests require a formal application process to specific branches of the military including Army, Navy, Air Force, and Marine Corps; and 

WHEREAS, said flyover application requires support of the City of Midland for the event to be held in the City; now therefore

RESOLVED, that the City Council hereby supports a military flyover during the opening ceremonies of the Great Lakes Regional American Legion Baseball Tournament at Northwood University on August 4, 2011.  (Motion ADOPTED.)

 

BICYCLE MAINTENANCE WORKSHOP

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the request from Mark McCartney, on behalf of The Friends of the Pere Marquette Rail-Trail, to hold a Bicycle Maintenance Workshop from 12:00 – 4:00 p.m. on Sunday, May 22, 2011, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • The event organizer must meet with a Parks supervisor two weeks prior to the event to decide on a location for the tent.
  • The event should be contained to the Farmers Market side of the Tridge since the Tridge staining project will be underway.
  • Use of the area is non-exclusive.

;and

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

 

CANCER SURVIVORS DAY

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the request from Susan Dusseau, Executive Director, Cancer Services, to hold a National Cancer Survivors Day event from 1:30 – 4:00 p.m. on Sunday, June 12, 2011, utilizing the Farmers Market facility and amplified sound, is hereby approved subject to the following condition:

  • Access to the Tridge could be limited since the Tridge staining project will be underway.

;and

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

 

PLANT A ROW PROGRAM

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the request from Sam Durfee to hold a Plant a Row kick-off program beginning at 2:00 p.m. on Saturday, April 23, 2011, as well as two other Saturdays later in the year, utilizing the Farmers Market facility and amplified sound, is hereby approved subject to the following conditions:

  • A request for the two additional dates this year must be submitted to the City Manager’s Office for review and a permit.
  • Requests in future years must be submitted to the City Manager’s Office each year to be reviewed and a permit issued.

;and

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

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

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 City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 whereby 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 Winter Blend diesel fuel from Karbowski Oil of Bay City, Michigan for $42,873.30 executed by the Purchasing Agent on March 29, 2011, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

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 City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 whereby 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 E10 ethanol blend unleaded fuel from Karbowski Oil of Bay City, Michigan for $38,997.56 executed by the Purchasing Agent on March 29, 2011, is hereby approved.  (Motion ADOPTED.)

 

2011 CURB REPLACEMENT AND PAVEMENT PATCHING; CONTRACT NO. 3

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for curb replacement and pavement patching on various local streets; and

WHEREAS, funding for this project is provided by the Local Street Fund; now therefore

RESOLVED, that the low sealed proposal for unit prices submitted by A.J. Rehmus & Son, Inc. of Bay City, Michigan, for the "2011 Curb Replacement and Pavement Patching; Contract No. 3", is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract in the amount of $290,000.00 therefore in accord with the unit price 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.)

 

DRAIN VAULT RECONSTRUCTION – WATER TREATMENT PLANT

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, the Midland Water Treatment Plant was built in 1958, and included two pretreatment tanks and four filters, with two concrete drain vaults that abut the outside structure of each filter, for a total of eight concrete drain vaults needing to be rebuilt or replaced; and

WHEREAS, on March 22, 2011 sealed bids were received and opened for Bid No. 3316, Water Treatment Plant Drain Vault Reconstruction; and

WHEREAS, staff has reviewed the bids and believes acceptance of the low total bid price submitted by Helger Construction of Midland, in the amount of $66,417.00 is in the best interest of the City; and

WHEREAS, funding has been budgeted in the Water Fund for this purpose in account 591.9010.97.002 - Capital Outlay Construction; now therefore

RESOLVED, that the low bid price submitted by Helger Construction of Midland, in the amount of $66,417.00, is hereby accepted and a purchase order is authorized for the refurbishment or replacement of eight concrete drain vaults and replacement of four access hatches with aluminum hatch covers and locks; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

PRIMARY DIGESTER CLEANING & LAND APPLICATION

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, in July 2008, Council approved the bid from Synagro Central of Baltimore, Maryland for Biosolids Land Application for a three-year period beginning July 1, 2008, at a rate of $0.0309 per gallon, and based on an estimated 3,000,000 gallons; and

WHEREAS, Synagro has agreed to perform the east primary digester cleaning and land application under the existing biosolids management agreement with the city at the previously approved bid rate of $0.0309 per gallon; and

WHEREAS, the estimated cost of $34,000.00 ($30,000 + $4,000) is based on 971,000 gallons ($0.0309 x 971,000 gals. = $30,000), and (8) hours of confined space entry (8 x $500 = $4,000); and

WHEREAS, funding has been budgeted in the 2010/11 Wastewater Fund account 590.8146.81.099 - Miscellaneous Contractual Services; now therefore

RESOLVED, that authorization is hereby given for the issuance of a purchase order to Synagro Central of Baltimore, Maryland in the amount of $34,000.00, to provide primary digester removal and land application services, based on previously approved unit costs; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

2011 SIDEWALK IMPROVEMENT PROGRAM

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, the City Manager has submitted his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

            Charles Street (both sides)          from Sam Street to end of street

            Dublin Avenue (west side)          from Plumtree Lane to Countryside Drive

            Dublin Avenue (east side)           from Countryside Drive to Rail-Trail

            Pfeiffer Court (south side)           from Perrine Road to end of street

            Sam Street (both sides)              from Bay City Road to end of street

            Wheeler Street (south side)         from Russell Street to Bristol Court Walkway

; and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvements is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the “2011 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

Charles Street (both sides)                   from Sam Street to end of street

Commencing at the Northwest Corner of the Northwest ¼ of the Southeast ¼ of Section 23, T. 14 N., R. 2 E., City of Midland, Michigan; thence South 395.5 feet, along the North-South ¼ Line, to the Point of Beginning; thence South 290 feet, along the North-South ¼ Line; thence East 285.67 feet; thence North 290 feet; thence West 285.67 feet, to the Point of Beginning.

Dublin Avenue (west side)                   from Plumtree Lane to Countryside Drive

Beginning at the East ¼ Corner of Section 12, T. 14 N., R. 1 E., City of Midland, Michigan; thence South 330 feet, along the East Section Line; thence West 212.21 feet; thence North 330 feet, to the East-West ¼ Line;  thence East 212.21 feet, along the East-West ¼ Line, to the Point of Beginning; ALSO; Beginning 663.8 feet South of said East ¼ Corner of Section 12; thence South 333.8 feet, along the East Section Line; thence West 200 feet; thence North 333.8 feet, parallel to the East Section Line; thence East 200 feet, to the Point of Beginning; ALSO; Lots 1 and 2 of Jilmar Estates No. 1; ALSO; the Dublin Road Stormwater Detention Area Lot in Countryside Estates Subdivision.

Dublin Avenue (east side)                    from Countryside Drive to Rail-Trail

Beginning at the West ¼ Corner of Section 7, T. 14 N., R. 2 E., City of Midland, Michigan; thence South 115.5 feet, along the West Section Line; thence East 374 feet; thence North 115.5 feet, to the East-West ¼ Line;  thence East 61.6 feet, along the East-West ¼ Line; thence North 634 feet, parallel to the West Section Line; thence East 224.4 feet; thence North 558 feet, parallel to the West Section Line; thence West 460 feet; thence North, parallel to and 200 feet East from the West Section Line, to the Southerly right-of-way line of the Pere-Marquette Rail-Trail; thence Northwesterly, along the Southerly right-of-way line of the Pere-Marquette Rail-Trail, to the West Section Line; thence South, along the West Section Line, to the West ¼ Corner and the Point of Beginning.

Pfeiffer Court (south side)                    from Perrine Road to end of street

Lot 3 of Theis Estates No. 1; ALSO; the North 106 feet of the East 93 feet of the West 175 feet and the North 82 feet of the East 79 feet of Lot 25 of Pfeiffer Subdivision; ALSO; the North 98 feet of Lots 26 and 27 and 28 of Pfeiffer Subdivision; ALSO; Lot 29 and the South 9.1 feet of Lot 24 of Pfeiffer Subdivision, all in Section 6, T. 14 N., R. 2 E., City of Midland, Michigan.

Sam Street (both sides)                       from Bay City Road to end of street

Commencing at the Northwest Corner of the Northwest ¼ of the Southeast ¼ of Section 23, T. 14 N., R. 2 E., City of Midland, Michigan;  thence South 50 feet, along the North-South ¼ Line, to the Point of Beginning; thence West 144 feet, along the Southerly right-of-way line of Bay City Road; thence South 395.5 feet; thence West 21 feet; thence South 868 feet, more or less, to the South 1/8 line; thence East 297 feet, along the South 1/8 Line; thence North 280.5 feet, to the Southerly right-of-way line of Parsons Court; thence West 17 feet, along the Southerly right-of-way line of Parsons Court; thence North 488.2 feet, to the Southerly right-of-way line of Charles Street; thence West 16 feet, along the Southerly right-of-way line of Charles Street; thence North 495.5 feet, to the Southerly right-of-way line of Bay City Road; thence West 99 feet, along the Southerly right-of-way line of Bay City Road, to the Point of Beginning.

Wheeler Street (south side)                  from Russell Street to Bristol Court Walkway

Beginning at the intersection of the Southerly right-of-way line of Wheeler Street with the centerline of Russell Street extended Southerly, in Section 9, T. 14 N., R. 2 E., City of Midland, Michigan; thence East 320 feet, along the Southerly right-of-way line of Wheeler Street; thence South 50 feet; thence West 320 feet; thence North 50 feet, to the Point of Beginning.

; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is one hundred twenty-six thousand nine hundred forty-three dollars ($126,943.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be forty-nine thousand sixty-one dollars ($49,061.00) and that all other costs and expenses of said improvement amounting to seventy-seven thousand eight hundred eighty-two dollars ($77,882.00) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 9, 2011 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvements; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion ADOPTED.)

 

DOW AGROSCIENCES, LLC – IFT APPLICATION

The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that an application dated March 25, 2011, was received March 25, 2011 from Dow AgroSciences, LLC with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property totaling $14,000,000 to utilize Building 827 at Michigan Operations for the production of agricultural products.  The project, named SPRINT 2, will retrofit and install all necessary process instrumentation, piping, pumps and equipment for expanded production is hereby acknowledged received and ordered and placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, May 9, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:10 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk