March 26, 2012

 

A regular meeting of the City Council was held on Monday, March 26, 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 March 7, 2012 special and March 12, 2012 regular meetings was offered by Councilman Brooks and seconded by Councilman Brown.  (Motion ADOPTED.)

 

PROPOSED DDA TAX INCREMENT FINANCING PLAN NO. 1, AMENDMENT NO. 3

DDA Executive Director Selina Tisdale presented information on an ordinance to amend the Downtown Development Authority Tax Increment Financing Plan No. 1, Amendment No. 3.  A public hearing opened at 7:20 p.m.  Larry Pillepich, 3602 McKeith Street, spoke in opposition to tax increment financing and encouraged Council to wait until the 2012-13 city budget is adopted before voting on this proposal.  The public hearing closed at 7:30 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLUTION CALLING HEARING REGARDING APPROVAL OF AMENDMENTS TO THE TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PLAN NO. 1 OF THE CITY OF MIDLAND DOWNTOWN DEVELOPMENT AUTHORITY

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 of 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 the 7th day of May 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 BOUNDARIES

DDA Executive Director Selina Tisdale presented information on an ordinance to amend Section 30-5 – the Downtown Development Authority District Boundaries.   A public hearing opened at 7:30 p.m.  Larry Pillepich, 3602 McKeith Street, spoke regarding DDA activity in other communities.  The public hearing closed at 7:35 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

RESOLUTION CALLING PUBLIC HEARING REGARDING

AMENDMENT OF BOUNDARIES OF THE CITY OF MIDLAND

DOWNTOWN DEVELOPMENT AUTHORITY

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 7th day of May, 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, a second reading on May 7, 2012 and to accommodate the mandatory 60-day comment period, the adoption of a resolution of intent to amend the boundaries will be considered no earlier than July 9, 2012.

(Motion ADOPTED.)

 

PUBLIC COMMENTS

Matt Janson, 806 Vance Road, spoke in opposition to the proposed roundabout at BR10 and Patrick Road.

Dr. Eugene Moore, 5600 Woodview Pass, spoke in opposition to the proposed roundabout at BR10 and Patrick Road and submitted copies of written comments regarding the project.

 

WARD AND PRECINCT BOUNDARIES

Selina Tisdale, City Clerk, presented information regarding the first reading of ordinances that would establish new ward and precinct boundary lines to conform to the 2010 Decennial Census of the United States and Public Act 182 of the Public Acts of 1966.  The following two ordinance amendments were then presented for consideration.

 

WARD BOUNDARY LINES

Introduction and first reading of the following ordinance to establish new ward boundary lines was offered by Councilman Brown and seconded by Councilman Adams:

 

ORDINANCE NO.    ­­­­_______

AN ORDINANCE TO ESTABLISH THE WARD BOUNDARIES OF THE FIVE (5) WARDS IN THE CITY OF MIDLAND TO CONFORM TO THE 2010 DECENNIAL CENSUS OF THE UNITED STATES AND PUBLIC ACT 182 OF THE PUBLIC ACTS OF 1966 (MSA 117.27A). STATE OF MICHIGAN.

The City of Midland Ordains:

Section 1.        The First Ward

The ward boundaries of the First Ward are established as follows:

Beginning at the intersection of Jefferson Avenue and Eastlawn Drive, thence easterly on Eastlawn Drive to Washington Street, thence southerly on Washington Street to Haley Street, thence easterly on Haley Street to Swede Avenue, thence northerly on Swede Avenue to E. Ashman Street, thence easterly on East Ashman Street to Waldo Avenue, thence northerly on Waldo Avenue to the northern city limits, thence following the city limits east and north to the eastern city limits on Mid-Bay County Line Road (Rockwell Drive), thence south on Mid-Bay County Line Road (Rockwell Drive) and following the eastern city limits with its various jogs, including that portion of the City of Midland in Bay County to the south city limits on Bailey Bridge Road, thence following the city limits west, north and south to the west line of the MCV Pond, thence following the west city limits north and east to the Tittabawassee River, thence following the Tittabawassee River north and west to the south city limit, thence west following the south city limit to the west city limit (Grey Road), thence north following the west city limit to the Chippewa River, thence east and north following the Chippewa River to Tittabawassee River, thence north following the Tittabawassee River to Jerome Street (M-20), thence northeast on Jerome Street (M-20) to Indian Street, thence southeast on Indian Street to Haley Street, thence northeast on Haley Street to Jefferson Avenue, thence north on Jefferson Avenue to Eastlawn Drive and the point of beginning.

Section 2.        The Second Ward

The ward boundaries of the Second Ward are established as follows:

Beginning at the intersection of Dublin Avenue and Saginaw Road, thence east along Saginaw Road and Wheeler Avenue to Jefferson Avenue, thence south along Jefferson Avenue to Haley Street, thence southwesterly along Haley Street to Indian Street, thence northwesterly along Indian Street to Jerome Street (M-20), thence southwesterly along Jerome Street (M-20) to the Tittabawassee River, thence southerly along the Tittabawassee River to the Chippewa River, thence westerly along the Chippewa River to the western city limits, thence north and east following the city limits with its various jogs to the Tittabawasee River, thence east along the Tittabawassee River to Dublin Avenue, thence north on Dublin Avenue to Saginaw Road and the point of beginning.

Section 3.        The Third Ward

The ward boundaries of the Third Ward are established as follows:

Beginning at the northerly and westerly city limits, thence following the city limits with its various jogs easterly to Eastman Avenue, thence south on Eastman Avenue to Saginaw Road, thence west on Saginaw Road to Dublin Avenue, thence south on Dublin Avenue to the Tittabawassee River, thence west following the Tittabawassee River to the western city limits, thence north, east and west following the city limits with its various jogs to the northerly and westerly city limits to the point of beginning. 

Section 4.        The Fourth Ward

The ward boundaries of the Fourth Ward are established as follows:

Beginning at the intersection of Eastman Avenue and the northern city limits, thence east along the northern city limits with its various jogs to the eastern city limits, thence south along eastern city limits with its various jogs to Plymouth Street, thence west on Plymouth Street to Swede Avenue, thence north on Swede Avenue to Wheeler Street, thence west on Wheeler Street and Saginaw Road to Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Section 5.        The Fifth Ward

The ward boundaries of the Fifth Ward are established as follows:

Beginning at the intersection of E. Wheeler Street and Jefferson Avenue, thence east on E. Wheeler Street to Swede Avenue, thence south on Swede Avenue to Plymouth Street, thence east on Plymouth Street to easterly city limits and its extension to Waldo Avenue, thence south on Waldo Avenue to E. Ashman Street, thence west on East Ashman Street to Swede Avenue, thence south on Swede Avenue to Haley Street, thence west on E. Haley Street to Washington Street, thence north on Washington Street to Eastlawn Drive, thence west on Eastlawn Drive to Jefferson Avenue, thence north on Jefferson Avenue to Wheeler Street and the point of beginning.

Section 6.        Ordinance 1527 is hereby repealed.

Section 7.        This Ordinance shall take effect upon publication.   (Motion ADOPTED.  Considered first reading.)

 

PRECINCT BOUNDARY LINES

Introduction and first reading of the following ordinance to establish new election precinct lines was offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

ORDINANCE NO.  ______

AN ORDINANCE TO ESTABLISH NEW ELECTION PRECINCTS WITH RELATED MATTERS FOR THE CITY OF MIDLAND.

The City of Midland Ordains:

Section 1.  The First Ward of the City of Midland is hereby divided into six election precincts, the boundaries of which shall be as follows:

First Ward – Precinct One –Beginning at the intersection of Jefferson Avenue and Eastlawn Drive, thence east on Eastlawn Drive to Washington Street, thence south on Washington Street to Haley Street, thence east on Haley Street to Swede Avenue, thence south on Swede Avenue to E. Patrick Road, thence west on Patrick Road to where it turns into Indian Street, thence northwest on Indian Street to Haley Street, thence northeast on Haley Street to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

First Ward – Precinct Two – Beginning at the intersection of Swede Avenue and E. Ashman Street, thence east on E. Ashman Street to Waldo Avenue, thence south on Waldo Avenue to Patrick Road, thence west on Patrick Road to Swede Avenue, thence north on Swede Avenue to point of beginning.

First Ward – Precinct Three – Beginning at the intersection of Patrick Road and Jefferson Avenue, thence east on Patrick Road to Waldo Avenue, thence south on Waldo Avenue to Salzburg Street, west on Salzburg Street to the Tittabawassee River, thence northwest along the Tittabawassee River to southerly city limit, thence west following the south city limit to the west city limit at Grey Road, thence north following the west city limit to the Chippewa River, thence easterly following the Chippewa River to the Tittabawassee River, thence north following the Tittabawassee River to Jerome Street (M-20), thence northeast on Jerome Street (M-20) to Indian Street, thence southeast on Indian Street and Patrick Road to point of beginning.

First Ward – Precinct Four – Beginning at the intersection of E. Ashman Street and Waldo Avenue, thence north on Waldo Avenue and the city limit line to northern city limits, thence east following the city limits with its various jogs to Rockwell Drive, thence south on Rockwell Drive to Patrick Road, thence west on Patrick Road to Waldo Avenue, thence north on Waldo Avenue to point of beginning.

First Ward – Precinct Five – Beginning at the intersection of Waldo Avenue and Patrick Road, thence east on Patrick Road to Rockwell Drive, thence south on Rockwell Drive (Mid-Bay Co Line Road) and the eastern city limits to the southern city limits, thence westerly following the southern city limits with its various jogs to the western city limits, thence north and east following city limits to the Tittabawassee River, thence southeast along the Tittabawassee River to Salzburg Street, thence east on Salzburg Street to Waldo Avenue, thence north on Waldo Avenue to point of beginning.

First Ward – Precinct Six – All portions of the City of Midland lying in Bay County.

Section 2.  The Second Ward of the City of Midland is hereby divided into four election precincts, the boundaries of which shall be as follows:

Second Ward – Precinct One -  Beginning at Eastman Avenue (BR10) and W. Sugnet Road, thence east on W. Sugnet Road to Saginaw Road, thence southeast on Saginaw Road to Ashman Circle, thence north on Jefferson Avenue to Wheeler Street, thence west on Wheeler Street to where it turns into Saginaw Road, thence west on Saginaw Road to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Second Ward – Precinct Two – Beginning at the intersection of Sugnet Road and Eastman Avenue, thence east on Sugnet Road to Saginaw Road, thence southeast on Saginaw Road to Ashman Circle, thence southwest on Ashman Street to Carpenter Street, thence northwest on Carpenter Street to Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Second Ward – Precinct Three – Beginning at the intersection of Eastman Avenue and Carpenter Street, thence east and south on Carpenter Street to Ashman Street, thence northeast on Ashman Street to Ashman Circle, thence south on Jefferson Avenue to Haley Street, thence southwest on Haley Street to Indian Street, thence northwest on Indian Street to where it turns into Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Second Ward – Precinct Four – Beginning at the intersection of Dublin Avenue and north Saginaw Road, thence east on N. Saginaw Road to Eastman Avenue, thence south on Eastman Avenue to where it turns into Indian Street, thence southeast on Indian Street to Jerome Street (M-20), thence southwest on Jerome Street (M-20) to the Tittabawassee River, thence southerly along the Tittabawassee River to the Chippewa River, thence west following the Chippewa River to Vance Road if extended, thence north to southern city limits, thence west following the southern city limits with its various jogs to western city limits, thence north and east following the city limits with its various jogs to the Tittabawassee River, thence east along the Tittabawassee River to Dublin Avenue, thence north on Dublin Avenue to point of beginning.

Section 3.  The Third Ward of the City of Midland is hereby divided into four election precincts, the boundaries of which shall be as follows:

Third Ward – Precinct One   Beginning at the intersection of Wackerly Street and Sturgeon Creek Parkway, thence east on Wackerly Street to Sturgeon Avenue, thence south on Sturgeon Avenue to Walden Woods Drive, thence east on Walden Woods Drive to Woodberry Drive, thence south on Woodberry Drive to Longfellow Lane, thence east on Longfellow Lane to Drake Street, thence south on Drake Street to Dilloway Drive, thence east on Dilloway Drive to Eastman Avenue, thence south on Eastman Avenue to Saginaw Road, thence west on Saginaw Road to Sturgeon Creek Parkway, thence north on Sturgeon Creek Parkway to point of beginning.

Third Ward – Precinct Two – Beginning at the intersection of Dublin Avenue and Warblers Way, thence east on Warblers Way to Pine Meadow, thence north on Pine Meadow to Moorland Drive, thence east on Moorland Drive to Perrine Road, thence north on Perrine Road to Wackerly Street, thence east on Wackerly Street to Sturgeon Creek Parkway, thence south on Sturgeon Creek Parkway, thence west on N. Saginaw Road to Dublin Avenue, thence north on Dublin Avenue to point of beginning.

Third Ward – Precinct Three – Beginning at the intersection of Eastman Avenue (BR10) and Dilloway Drive, thence west on Dilloway Drive to Drake Street, thence north on Drake Street to Longfellow Lane, thence west on Longfellow Lane to Woodberry Drive, thence north on Woodberry Drive to Walden Woods Drive, thence west on Walden Woods Drive to Sturgeon Avenue, thence north on Sturgeon Avenue to W. Wackerly Street, thence west on W. Wackerly Street to Perrine Road, thence north on Perrine Road to the northern city limits, thence east and north following city limits with its various jogs to Monroe Road, thence east on Monroe Road following the northern and eastern city limits to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Third Ward – Precinct Four – Beginning at Dublin Avenue and the Tittabawassee River, thence west along the Tittabawassee River to the western city limits, thence northerly following western city limits with its various jogs to N. Saginaw Road, thence west and north following the various jogs of the western city limits, thence north and east following city limits with its various jogs to Dublin Avenue, thence north and east following city limits with its various jogs to the northernmost intersection of Perrine Road, thence south on Perrine Road to Moorland Drive, thence west on Moorland Drive to Pine Meadow, thence south on Pine Meadow to Warblers Way, thence west on Warblers Way to Dublin Avenue, thence south on Dublin Avenue to point of beginning.

Section 4.  The Fourth Ward of the City of Midland is hereby divided into five election precincts, the boundaries of which shall be as follows:

Fourth Ward – Precinct One – Beginning at the intersection of Eastman Avenue and Sylvan lane, thence east and north on Sylvan Lane to Wanetah Drive, thence east on Wahetah Drive to Jefferson Avenue, thence south on Jefferson Avenue to Adams Drive, thence east on Adams Drive to Washington Street, thence south on Washington Street to Wheeler Street, thence west on Wheeler Street to where it turns into Saginaw Road, thence west on Saginaw Road to Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Fourth Ward – Precinct Two – Beginning at the intersection of Wildflower Lane and Scenic Drive, thence east on Scenic Drive to Woodview Pass, thence south on Woodview Pass to Wildwood Street, thence east on Wildwood Street to Swede Avenue, thence south on Swede Avenue to Ardmore Street, thence east on Ardmore Street to where it turns south and into Plainfield Street, thence south on Plainfield Street to Vine Street, thence west on Vine Street to Swede Avenue, thence south on Swede Avenue to Wheeler Street, thence west on Wheeler Street to Washington Street, thence north on Washington Street to Adams Drive, thence west on Adams Drive to McKinley Street, thence north on McKinley Street to Hollybrook Drive, thence east on Hollybrook Drive to Friar Lane, thence north on Friar Lane to Stillmeadow Lane, thence west on Stillmeadow Lane to Wildflower Lane, thence north on Wildflower Lane to point of beginning.

Fourth Ward – Precinct Three – Beginning at Swede Avenue and the northern city limits, thence east following the northern city limits to the eastern city limits, thence south following the various jogs of the eastern city limits to Plymouth Street, thence west on Plymouth Street to Swede Avenue, thence north on Swede Avenue to Vine Street, thence east on Vine Street to Plainfield Street, thence north on Plainfield Street to where it turns into Ardmore Street, thence west on Ardmore Street to Swede Avenue, thence north on Swede Avenue to point of beginning.

Fourth Ward – Precinct Four – Beginning at the intersection of Eastman Avenue (BR10) and Sylvan Lane, thence east and north on Sylvan Lane to Wanetah Drive, thence east on Wanetah Drive to Jefferson Avenue, thence north on Jefferson Avenue to the northern city limits, thence following the various jogs of the city limits to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Fourth Ward – Precinct Five – Beginning at Jefferson Avenue at the north city limits, thence easterly following the various jogs of the city limits to Swede Avenue, thence south on Swede Avenue to Wildwood Street, thence west on Wildwood Street to Woodview Pass, thence north on Woodview Pass to Scenic Drive, thence west on Scenic Drive to Wildflower Lane, thence south on Wildflower Lane to Stillmeadow Lane, thence east on Stillmeadow Lane to Friar Lane, thence south on Friar Lane to Hollybrook Drive, thence west on Hollybrook Drive to McKinley Street, thence south on McKinley Street to Adams Drive, thence west on Adams Drive to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Section 5.  The Fifth Ward of the City of Midland is hereby divided into five election precincts, the boundaries of which shall be as follows: 

Fifth Ward – Precinct One – Beginning at the intersection of Jefferson Avenue and E. Wheeler Street, thence east on E. Wheeler Street to Washington Street, thence south on Washington Street to E. Ashman Street, thence west on E. Ashman Street to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Fifth Ward – Precinct Two – Beginning at the intersection of Washington Street and E. Wheeler Street, thence east on E. Wheeler Street to Swede Avenue, thence south on Swede Avenue to Airfield Lane, thence west on Airfield Lane to Scott Street, thence north and west on Scott Street following its various jogs to Airfield Lane, thence west on Airfield Lane to Washington Street, thence north on Washington Street to point of beginning.

Fifth Ward – Precinct Three – Beginning at the intersection of Swede Avenue and Plymouth Street, thence easterly on Plymouth Street to Lund Drive, thence south on Lund Drive to Burlington Drive, thence east on Burlington Drive to Arlington Street, thence south on Arlington Street to Belaire Street, thence east on Belaire Street to Chestnut Hill Drive, thence south on Chestnut Hill Drive to E. Sugnet Road, thence east on E. Sugnet Road to Greenway Drive, thence south on Greenway Drive to E. Ashman Street, thence west on E. Ashman Street to Swede Avenue, thence north on Swede Avenue to point of beginning.

Fifth Ward – Precinct Four – Beginning at the intersection of Plymouth Street and Lund Drive, thence east on Plymouth Street following the eastern city limits with its various jogs to Waldo Avenue, thence south on Waldo Avenue to E. Ashman Street, thence west on E. Ashman Street to Greenway Drive, thence north on Greenway Drive to E. Sugnet Road, thence west on E. Sugnet Road to Chestnut Hill Drive, thence north on Chestnut Hill Drive to Belaire Street, thence west on Belaire Street to Arlington Street, thence north on Arlington Street to Burlington Drive, thence west on Burlington Drive to Lund Drive, thence north on Lund Drive to point of beginning. 

Fifth Ward – Precinct Five – Beginning at the intersection of Jefferson Avenue and Ashman Street thence east on E. Ashman Street to Washington Street, thence south on Washington Street to Airfield Lane, thence east on Airfield Lane to Scott Street, thence north and east on Scott Street following its jogs to Airfield Lane, thence east on Airfield Lane to Swede Avenue, thence south on Swede Avenue to Haley Street, thence west on Haley Street to Washington Street, thence north on Washington Street to Eastlawn Drive, thence west on Eastlawn Drive to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Section 6.  Ordinance 1528 is hereby repealed.

Section 7.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

INDUSTRIAL FACILITIES TAX ABATEMENTS DRAFT POLICY

City Manager Jon Lynch introduced Midland Tomorrow Executive Director Scott Walker who presented a report on a draft policy regarding consideration and issuance of Industrial Facilities Tax Abatements.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, from time to time the City of Midland receives and acts on requests for Industrial Facilities Tax abatements filed in accord with Public Act 198 of 1974; and

WHEREAS, Council wishes to ensure that such tax abatements have a positive economic impact on businesses and the community; and

WHEREAS, at the request of the City of Midland, Midland Tomorrow has prepared a draft policy for consideration, approval, and monitoring of such tax abatements; now therefore

RESOLVED, that the Draft Tax Abatement Policy is hereby received.  (Motion ADOPTED.)

 

BOARDS AND COMMISSIONS – REAPPOINTMENTS AND TIMELINE

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

 

WHEREAS, City staff has contacted all boards and commissions members whose terms expire June 30, 2012, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2012 for three (3) year terms ending June 30, 2015

Richard Siemer, Aviation Advisory Commission, Citizen at Large

Ray Senesac, Aviation Advisory Commission, Citizen at Large

Matt Janson, Aviation Advisory Commission, Pilot Representative

Linda Malekadeli, Cable Access Advisory Commission, MCTV Access User

Mary Laforet, Dial-A-Ride Advisory Commission, Representative with a Disability

Donna Swain, Dial-A-Ride Advisory Commission, Citizen at Large

Suzanne Phillips, Library Board, Citizen at Large

Sarah Galt, Library Board, Citizen at Large

Marcia Steidemann, Parks and Recreation Commission, Citizen at Large

Frank Altimore, Parks and Recreation Commission, Citizen at Large

Roger Mead, Planning Commission, Citizen at Large

Shawn Pnacek, Planning Commission, Citizen at Large

Dave Heying, Planning Commission, Citizen at Large

Edward Saunders, West Main Street Historic District Commission, Citizen at Large

Jacinth Black, West Main Street Historic District Commission, Historical Society Representative 

Jon Steele, Zoning Board of Appeals, Citizen at Large

Roy Green, Zoning Board of Appeals, Citizen at Large; and

RESOLVED FURTHER, that City staff is directed to begin disseminating information regarding the remaining boards and commissions vacancies.  (Motion ADOPTED.)

 

DART COORDINATOR & FEDERAL AND STATE FINANCIAL ASSISTANCE

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

 

WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2012 and, therefore, it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted to the State of Michigan a proposed balanced budget of approximately $1,794,933 for Dial-A-Ride operations in 2012/2013 with the intent to apply for an estimated $650,484 in state operating assistance funds; an estimated $287,189 in federal 49 USC 5311 operating assistance funds; and an estimated $857,260 from fare box fees and local general fund support to balance the budget for state fiscal year 2013; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51 and the City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

EASEMENT FOR ELECTRIC SERVICE LINES ON CITY PROPERTY

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

 

WHEREAS, On December 5, 2011, Council authorized a agreement with Charter Communications (via its subsidiary, CC VIII Operating, LLC, a Delaware limited liability company, of Greenwood Village, Colorado), to lease from the City a 20 x 20 square foot amount of space outside the water tower security fence to the south, so that a new structure may be installed, and other associated improvements, to operate a communications facility; and

WHEREAS, the lease is for the ground space only, and does not provide for utilizing the Jefferson Water Tower or its utilities; and

WHEREAS, the new structure is substantially complete, and Charter Communications has requested electric service for the structure, requiring an easement from the City of Midland; now therefore

RESOLVED, that the attached Easement For Overhead and Underground Electric Lines Agreement from the City of Midland to Consumers Energy Company, for the construction, access, and maintenance of an electric service line on City-owned property at the base of the Jefferson Water Tower near the corner of East Nelson Street and Jefferson Avenue, is hereby accepted, subject to document approval by the City Attorney, and that the easement agreement is ordered recorded.  (Motion ADOPTED.)

 

MIDLAND COUNTY HISTORICAL SOCIETY – RE-ENACTMENT ACTIVITY

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

 

RESOLVED, that the request from Dick Jellum, Vice President, Midland Center for the Arts, to conduct re-enactment activity during a week-long Midland County Historical Society camp July 9 – 13, which will include cooking over a campfire and firing blank rounds from a musket outside the Historical Society buildings at the west end of Emerson Park, is hereby approved subject to the following conditions:

  • Use of City parkland is non-exclusive.
  • Blank rounds must be “true blanks” and no projectiles at all shall leave the barrels of the muskets.
  • Campfires shall comply with “Recreational Fire” requirements as set forth on the City web site.

; and

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

 

MICHIGAN BASEBALL FOUNDATION – CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from Michigan Baseball Foundation of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)

 

2011 CURB REPLACEMENT & PAVEMENT PATCHING; CHANGE ORDER NO. 2

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

 

WHEREAS, City Council awarded the construction contract for the 2011 Curb Replacement and Pavement Patching; Contract No. 3 to A.J. Rehmus & Son, Inc. on April 11, 2011 for the replacement of curbs and pavement patching on various local streets; and 

WHEREAS, A.J. Rehmus & Son, Inc. has agreed to complete additional curb replacement and pavement patching for the unit prices that were bid in 2011 under a change order to the original contract in the amount of $85,000.00; and

WHEREAS, funding for this work is provided by the Major Street Fund; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 2 to the 2011 Curb Replacement and Pavement Patching; Contract No. 3 in the amount of $85,000.00.  (Motion ADOPTED.)

 

2012 SURFACE TREATMENT & CRACK SEALING PROGRAM; CONTRACT NO. 4

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack sealing of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal with adjusted quantities submitted by Highway Maintenance & Construction Company, Inc. of Romulus, Michigan for the "2012 Surface Treatment & Crack Sealing Program; Contract No. 4", in the amount of $515,000 based upon current funding levels is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 12-5032 – SALZBURG STREET RECONSTRUCTION

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

 

WHEREAS, a proposed Contract No. 12-5032 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of Salzburg Street from Saginaw Road to Waldo Avenue; and

WHEREAS, the total estimated cost of the project is $450,000 and $360,000 will be paid by a Category “F” Transportation Economic Development Fund grant from the Michigan Department of Transportation, and the remaining cost of $90,000 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said road reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 12-5032 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.) 

 

MANHOLE REHABILITATION

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

 

WHEREAS, as part of the City’s inflow and infiltration program recent video inspections have identified 55 manholes that can be rehabilitated rather than by excavation and replacement; and

WHEREAS, staff observed cracks and some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage; and

WHEREAS, sealed bids for Bid No. 3409, Manhole Rehabilitation have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, bids received from Advanced Rehabilitation and Warren Environmental were rejected as incomplete, as they failed to bid on at least one of the repair components that are necessary to make full rehabilitation of the manholes; and

WHEREAS, the low compliant bid, based on the unit prices offered and estimated units, was received in the amount of $99,950.00 from Advanced Underground Inspections, LLC of Westland, Michigan, meets City specifications and is acceptable; and

WHEREAS, funding for the manhole rehabilitation work has been budgeted for that purpose in the Fiscal 2012 Wastewater fund account #590.9120.97.050 – Capital Outlay Sewer System; now therefore

RESOLVED, that the unit costs submitted by Advanced Underground Inspections, LLC are hereby accepted and a purchase order is authorized in an amount not to exceed $99,950.00; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

PROPOSED LANDFILL ENTERPRISE FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, April 9, 2012 at 7:00 p.m., in the Council Chambers of City Hall on the proposal to amend the 2012 Landfill Enterprise Fund Budget to increase revenues from working capital in the amount of $285,311.00, and to increase appropriations by $257,311.00 for the purchase of a new John Deere 644K loader.  (Motion ADOPTED.)

 

PROPOSED WATER ENTERPRISE FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, April 9, 2012, in the Council Chambers of City Hall on the proposal to amend  the 2012 Water Enterprise Fund budget to increase revenues from working capital by $100,000.00 and to increase appropriations by $100,000.00 to extend the 12-inch water main from its current termination point at West Wackerly Street near the Mckay Press facility (f.k.a. Hang Time Sports), west to Tittabawassee River Road, and south to North Saginaw Road, approximately 820 feet in total.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:35 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk