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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
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Councilmen absent: |
None |
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.)
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:
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.)
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.)
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.
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.
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.)
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.)
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.)
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
RESOLVED, that the
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.)
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
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.)
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.)
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:
; and
RESOLVED
FURTHER, that the
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.)
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.)
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
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.)
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.)
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.)
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