March 12, 2012

 

A regular meeting of the City Council was held on Monday, March 12, 2012, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 20, 2012 regular and February 29, 2012 special meetings was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

ARBOR DAY

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Friday, April 27, 2012, as Arbor Day in the City of Midland.  (Motion ADOPTED.)  Mayor Donker presented Department of Public Services Director Karen Murphy with the proclamation.

 

CPI ENGINEERING SERVICES, INC. – IFT APPLICATION

City Assessor Reid Duford presented a request from CPI Engineering Services, Inc. for an Industrial Facilities Tax Exemption Certificate within the Expanded Design Craftsmen, Inc. Industrial Development District No. 1 and the STOX Industrial Development District No. 1.  A public hearing opened at 7:10 p.m., Tom Rajewski, President of CPI Engineering Services spoke regarding the request.  Midland Tomorrow Economic Development Coordinator Carol Miller spoke in support of the request.  The public hearing closed at 7:25 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, the Expanded Design Craftsmen, Inc. Industrial Development District No. 1,  was established by resolution of the Midland City Council on October 12, 1989, and the STOX Industrial Development District No. 1, was established by resolution of the Midland City Council on July 1, 1985; and      

WHEREAS, CPI Engineering Services, Inc., made an application dated February 3, 2012, which was received by the City Clerk on February 9, 2012 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 the total project cost of $1,381,000 which is for new real and personal property with the same being located within the Expanded Design Craftsmen, Inc. Industrial Development District No. 1, and the STOX Industrial Development District No. 1, for an addition to connect to the building at 2300 James Savage. The addition will allow for safe and efficient transportation between buildings.  The personal property component of $131,000 is for manufacturing and building security equipment. The project will create new opportunities to increase the small packaging business, allow for cost efficient competition in the global market, and create 7 to 10 full-time positions within two years of completion; 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 March 12, 2012, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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 and/or 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 industrial development district and/or 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; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; 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 CPI Engineering Services, Inc., considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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 CPI Engineering Services, Inc., for a new facility approval within the Expanded Design Craftsmen, Inc. Industrial Development District No. 1, and the STOX Industrial Development District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2024; and that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and CPI Engineering Services, Inc.,  pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2012 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented information on the 2012 Sidewalk Improvement Program.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

   Bayliss Street (west side)               from Patrick Road to Haley Street

   Haskin Drive (north side)               from Perrine Road to Sturgeon Creek Parkway

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan.  (Motion DENIED.  Yeas:  None   Nays:  Adams, Brooks, Brown, Donker, Wazbinski)

 

EASEMENT AGREEMENT – OVERHEAD ELECTRIC LINES

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

 

WHEREAS, a new metal recycling business (Superior Metal Recycling, LLC or SMR) is being established on property adjacent to the west of the City’s Landfill at 4203 E. Ashman St., and requires essential utilities, such as water and electric, directly to the site; and

WHEREAS, the utilities must come from utilities established on the Landfill property, requiring easements to construct, access, and maintain water and electric service to the privately-owned site; and

WHEREAS, on July 25, 2011, City Council approved an easement to SMR for a water main extension on the City-owned property at the Landfill; and

WHEREAS, the attached easement agreement will authorize Consumers Energy Company to construct, access, and maintain an overhead electric line on City-owned property at the Landfill, that will serve the SMR site; now therefore

RESOLVED, that the attached Easement For Overhead Electric Line Agreement from the City of Midland to Consumers Energy Company, for the construction, access, and maintenance of an overhead electric line on City-owned property at the Landfill on E. Ashman Street in Section 12, T. 14 N., R. 2 E., is hereby accepted, subject to document approval by the City Attorney, and that the easement agreement is ordered recorded.  (Motion ADOPTED.)

 

CEMETERY RULES

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

 

WHEREAS, Section 6-8 of the Code of Ordinances allows that rules and regulations for the operations of the cemetery may be approved by the City Council as needed; and

WHEREAS, the Parks and Recreation Commission has conducted a review of the cemetery rules; and

WHEREAS, the Parks and Recreation Commission, at their meeting of February 7, 2012, voted unanimously to recommend changes in the cemetery rules to the City Council; now therefore

RESOLVED, that the attached changes to the cemetery rules are hereby approved.  (Motion ADOPTED.)

 

ANNUAL REVIEW OF LIQUOR LICENSES

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

 

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to cause an annual review of each liquor licensee to be submitted to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances with the exception of one licensee who is in violation of Section 15-253(9) of the Code of Ordinances by being delinquent in personal property taxes due the City; and

WHEREAS, the City Attorney recommends that said licensee shall be notified that a show cause hearing is scheduled for April 9, 2012 in accord with Section 12-254 of the Code of Ordinances to provide the licensee an opportunity to show cause as to why the City Attorney’s recommendation for non-renewal or revocation of its liquor license should not be approved; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licenses is hereby received and ordered placed on file in the Office of the City Clerk; and

RESOLVED FURTHER, that a show cause hearing is hereby scheduled for Monday, April 9, 2012 at 7:00 p.m. in the Council Chambers in City Hall for the purpose of providing the licensee of Damon’s Grill an opportunity to show cause as to why the City Attorney’s recommendation for non-renewal or revocation of its liquor license should not be approved; and

RESOLVED FURTHER, that the City Attorney is hereby directed to notify said licensee of the show cause hearing in accord with Section 12-254 of the Code of Ordinances; and

RESOLVED FURTHER, that the City Attorney is hereby authorized to cancel the show cause hearing for the licensee upon receipt of the delinquent property taxes prior to April 9, 2012.  (Motion ADOPTED.)

 

LIQUOR LICENSE TRANSFER – EL PATRON

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

 

RESOLVED, That the request to transfer ownership of escrowed 2011 Class C licensed business located at 2600 N. Saginaw, Suite 4, Midland, MI  48640, Midland County from Café Tandoori, L.L.C. to El Patron Midland, LLC; Transfer location to 1900 S. Saginaw, Suite F, Midland, MI  48640, Midland County  be considered for approval.

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

 

PINEHAVEN ESTATES FINAL PLAT

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

 

WHEREAS, the Final Plat of Pinehaven Estates is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Pinehaven Estates, in accordance with Section 23-19 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-11-10

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

 

RESOLVED, that Traffic Control Order No. S-11-10 filed December 7, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic on Plumtree Lane shall stop for Countryside Drive.    

is hereby made permanent.  (Motion ADOPTED.)

 

NON COMMISSIONED OFFICERS ASSOCIATION 5K RUN/WALK

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

RESOLVED, that the request from Travis Williams, Project Manager, seeking permission to hold a charity event called NCOA 5K Run/Walk on Saturday, October 27, 2012, utilizing the Rail Trail, using amplified sound and charging an entry fee, is hereby approved subject to the following conditions:

  • Participants must obey all applicable traffic laws if crossing City streets.
  • Use of the Rail Trail is non-exclusive and there may be other people utilizing the area.
  • Park amenities may be winterized by the end of October so rest rooms would not be available.  Event organizer will be responsible for coordinating and supplying portable toilets.
  • Parking along Emerson Park Drive will not be allowed as a clear path for other park traffic and any emergency vehicles needs to be available.
  • The Department of Public Services will provide barricades, but event organizers will need to place the barricades in the street and remove them afterward.  Event organizers must designate and provide the name of a “traffic specialist” who is responsible for setting up and staffing the barricades and to facilitate the passage of emergency vehicles.  That person(s) must meet with engineering two weeks prior to the event so that we can ensure that they understand the traffic control concepts.
  • Concession stand must be a self-contained unit (no hookup to city utilities) and food vendors must comply with Department of Health requirements.
  • The Parks & Recreation Department will provide additional trash receptacles at Emerson Park.
  • The City stage has been tentatively reserved.  The event organizers need to contact the Parks & Recreation office at 837-6930 to complete the reservation process; there is a $75 fee to use the stage.
  • The Midland Fire Department will not be providing on-site medical services, but will respond to medical emergencies when notified by Central Dispatch.
  • The Midland Police Department will provide assistance as requested.
  • City will review need for cost recovery for City expenses if event requires unique or non-standard efforts on City’s part.
  • Vehicles with music playing are not allowed.
  • Flags, banners and signs may be approved by the City Engineer and City Attorney upon detailed and specific request by organizer.

; and

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

 

WATER MAIN EASEMENT – AIRGAS SITE

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

 

RESOLVED, that the attached Easement Agreement from Airgas USA, LLC, to the City of Midland, for public water mains on their private site at the northwest corner of Saginaw Road and Discovery Way in Section 22, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

WATER MAIN EASEMENT – PANERA BREAD SITE

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

 

RESOLVED, that the attached Easement Agreement from Midland Investment Group, LLC, to the City of Midland, for public water mains on their private Panera Bread site on Eastman Avenue in Section 32, T. 15 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

PARK MOWING SERVICES

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing mowing services for various park properties within the City of Midland; and

WHEREAS, the original bid period covered a one year period with an option to extend the bid for an additional two years if staff was satisfied with the results, and while sufficient funds have been appropriated for fiscal year 2011-12, extension of the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Lawns and Mower LLC of Midland, MI in the amount of $12,000 for the purchase of park mowing services for the remainder of fiscal year 2011-12; and

RESOLVED FURTHER, that the purchasing agent is authorized to issue a purchase order in the amount of $30,000 for the months of July through October 2012, provided that funds are appropriated in the fiscal year 2012-13 parks budget.  (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 12,801 gallons of Winter Blend diesel fuel from Karbowski Oil of Bay City, Michigan for $38,774.23 executed by the Purchasing Agent on February 23, 2012, is hereby approved.  (Motion ADOPTED.)

 

TRENCHLESS SEWER REPAIRS

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

 

WHEREAS, through maintenance efforts and in conjunction with the City’s annual Engineering Priorities, Wastewater staff have identified and inventoried stretches of sanitary sewer pipe that are faulty and are prime candidates for lining, rather than excavate and replace; and

WHEREAS, on February 28, 2012, sealed bids for Trenchless Sewer Repairs, Bid No. 3405, were advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the pricing structure is such that the larger the diameter of the pipe, the higher the cost per lineal foot for the installation of the liner; and

WHEREAS, the low total bid for the specified sizes and lengths of pipe was submitted by Inland Waters of Brownstown, Michigan in the amount of $52,946.00; and

WHEREAS, the pricing is favorable, and is well within the funding budgeted for the purpose of sewer linings in the 2011/12 Wastewater Fund, account #590.9120.97.050 – Sewer System; now therefore

RESOLVED, that a purchase order to Inland Waters in the amount of $52,946.00 for the lining of sanitary sewers of varying diameters and lengths, is hereby authorized; 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.)

 

ZONING PETITION NO. 578

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 14, 2012 for property located at 215 State Street, 614 and 709 East Larkin Street and 608 East Ellsworth Street from Regional Commercial zoning to Downtown zoning for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 9, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on or before March 23, 2012 and to publish said notice on March 24, 2012.

ORDINANCE NO. ______

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 DOWNTOWN ZONING WHERE A REGIONAL COMMERCIAL 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:

         215 State Street

LOTS 5, 6 AND THE NORTHWESTERLY 19 FEET OF LOT 7 AND THE SOUTHWESTERLY 20 FEET OF LOT 3 AND THE SOUTHWESTERLY 20 FEET OF THE NORTHWESTERLY 19 FEET OF LOT 2, BLOCK 47, ORIGINAL PLAT OF THE CITY OF MIDLAND, AS PER PLAT THEREOF RECORDED IN LIBER A OF PLATS AT PAGE 1 OF MIDLAND COUNTY RECORDS;

AND

LOTS 13, 14 AND 15 AND THE NORTHEASTERLY 9.6 FEET OF LOTS 10, 11 AND 12 AND THE SOUTHEASTERLY 5 FEET OF LOT 16 AND THE SOUTHEASTERLY 5 FEET OF THE NORTHEASTERLY 9.6 FEET OF LOT 9, BLOCK 47, SUPERVISORS PLAT OF LARKINS ADDITION AS PER PLAT THEREOF RECORDED IN LIBER C OF PLATS AT PAGE B OF MIDLAND COUNTY RECORDS;

AND

THAT PORTION OF VACATED LARKIN STREET LYING ADJACENT TO LOTS 5, 6 AND THE NORTHWESTERLY 19 FEET OF LOT 7, BLOCK 47 OF THE ORIGINAL PLAT OF THE CITY OF MIDLAND, AS PER PLAT THEREOF RECORDED IN LIBER A OF PLATS AT PAGE 1 OF MIDLAND COUNTY RECORDS. 

         614 East Larkin Street

LOTS 1 THRU 8 BLOCK 28 ORIGINAL PLAT OF MIDLAND & LOTS 9 THRU 12 BLOCK 28 LARKINS ADDITION. 

         709 East Larkin Street

ALL OF BLOCK 47, ORIGINAL PLAT OF MIDLAND EXC LOT 4, THE NE 100 FEET OF LOT 3 & BEG AT THE E CORNER OF LOT 3, SE 10 FT, SW 58 FT, SOUTHWESTERLY 22.1 FT, SW TO PT 20 FT NE OF SW LOT LN, NW 19 FT, NE 100 FT TO BEG AND INCLUDING LOTS 9, 10, 11 & 12 BLOCK 47 LARKINS ADDITIONAL EXC BEG AT SE COR OF LOT 12 TH NW 185 FT SW 9.6 FT SE 185 FT NE 9.6 FT TO BEGINNING. 

        


608 East Ellsworth Street

LOT 4, THE NORTHEASTERLY 100 FEET OF LOT 3 AND A PART OF LOT 2 DESCRIBED AS:  THAT PART OF THE NORTHEAST 100 FEET OF THE NORTHWEST 19 FEET OF LOT 2, LYING NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS:  BEGINNING 10 FEET SOUTHEAST OF THE NORTH CORNER OF LOT 2, THENCE SOUTHWEST 58 FEET, PARALLEL TO THE NORTHWESTERLY LINE OF LOT 2; THENCE ON A LINE DEFLECTING 24 DEGREES 16 MINUTES TO THE LEFT FROM FIRST DESCRIBED LINE A DISTANCE OF 21.9 FEET, AND ENDING AT A POINT 77.9 FEET SOUTHWEST OF EAST CORNER OF SAID NORTHEAST 100 FEET OF NORTHWEST 19 FEET OF SAID LOT 2, ALL IN BLOCK 47, ORIGINAL PLAT OF MIDLAND AS RECORDED IN LIBER A OF PLATS, PAGE 1.

Be, and the same is hereby changed to Downtown.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

PROPOSED AMENDMENT TO DDA TAX INCREMENT FINANCING PLAN

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

 

WHEREAS, the City of Midland, Counties of Midland and Bay, State of Michigan (the “City”) is authorized by the provisions of Act 197, Public Acts of Michigan, 1975, as amended (“Act 197”), to create a downtown development authority; and

WHEREAS, pursuant to Act 197, the City Council and the City duly established the City of Midland Downtown Development Authority (the “Authority”) which exercises its powers within the Downtown District designated by the City Council (the “District”); and

WHEREAS, the City Council approved the Authority’s Tax Increment Financing Plan and Development Plan No. 1 (the “Plan”), for the Development Area described in the Plan on December 11, 1989, as amended on December 16, 1991, pursuant to an ordinance duly adopted by the City; and

WHEREAS, in accordance with the provisions of Act 197, the Authority has prepared and submitted to the City Council for approval the amendments to the Plan attached hereto as Exhibit A (the “Plan Amendments”); and

WHEREAS, prior to approval of the Plan Amendments, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197.
NOW, THEREFORE, BE IT RESOLVED THAT:

1.    The City Council hereby acknowledges receipt of the Plan Amendments from the Authority and directs the City Clerk to advise all local taxing jurisdictions of the Plan Amendments within the Authority’s District by certified mail.

2.    There shall be a public hearing on Monday, the 26th day of March, 2012 at 7:00 p.m. in the City Hall in the City of Midland to consider adoption by the City Council of an ordinance approving the Plan Amendments.

3.    The City Clerk shall cause notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City, twice before the public hearing, each time not less than 20 and not more than 40 days before the date set for the public hearing.  The notice shall be published as a display advertisement prominent in size.  The City Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City, and shall cause the notice to be posted in 20 prominent places in the proposed amended district not less than 20 days prior to the date of the hearing.

(Motion ADOPTED.)

 

PROPOSED AMENDMENT TO DDA DISTRICT BOUNDARIES

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

 

WHEREAS, the City of Midland, Counties of Midland and Bay, State of Michigan (the “City”), is authorized by the provisions of Act 197, Public Acts of Michigan, 1975, as amended (“Act 197”), to create a downtown development authority and to designate its boundaries; and

WHEREAS, the City has established the City of Midland Downtown Development Authority (the “DDA”) and designated the boundaries of the downtown district (the “District”); and

WHEREAS, the DDA has requested the City to expand the boundaries of the DDA for the purpose of adding property to the District to further encourage economic growth and correcting and preventing deterioration in the business portions of the District; and

WHEREAS, a proposed ordinance designating the amended District boundaries has been presented to City Council; and

WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.    The City Council determines that it is necessary for the best interest of the public to amend the boundaries of the DDA pursuant to Act 197 in order to correct and prevent deterioration of property value in the business district in the City and to promote economic growth, and the City Council hereby declares its intention to amend those boundaries.

2.    The District subject to the jurisdiction of the DDA as provided in Act 197 is hereby tentatively amended to add the area described in Exhibit A hereto.

3.    There shall be a public hearing on Monday, the 26th day of March, 2012, at 7:00 o’clock, p.m. at the City Council chambers to consider adoption by the City Council of an ordinance amending the DDA boundaries.

4.    The City Clerk shall cause notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City, twice before the public hearing, each time not less than 20 and not more than 40 days before the date set for the public hearing.  The notice shall be published as a display advertisement prominent in size.  The Clerk also shall cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City, shall cause the notice to be mailed by certified mail to the governing body of each taxing jurisdiction levying taxes subject to capture by the DDA, and shall cause the notice to be posted in 20 prominent places in proposed amended district not less than 20 days prior to the date of hearing.

5.    Consistent with applicable state statutes, the first reading of the Ordinance Amendment will occur on March 26, 2012 and to accommodate the mandatory 60-day comment period, the second reading of the Ordinance Amendment and subsequent adoption will occur on July 9, 2012.

(Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:45 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk