April 14, 2014

 

A regular meeting of the City Council was held on Monday, April 14, 2014, 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, Diane Brown Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

Third Ward Vacant

 

MINUTES

Approval of the minutes of the March 24, 2014 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Adams.  (Motion ADOPTED.)

 

RECOGNITION OF J. DEE BROOKS

Communications Coordinator Libby Richart presented a proclamation of recognition for J. Dee Brooks.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams: 

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Councilman J.Dee Brooks for his outstanding contributions to the Midland community as a City Council member, and wishing him well in his future endeavors.  (Motion ADOPTED.)  Mayor Donker presented J. Dee Brooks with the proclamation.

 

FUN ZONE RENOVATION PROJECT

Director of Public Services Karen Murphy presented information on the upcoming Fun Zone renovation project. 

 

2014 MICHIGAN RECREATION AND PARK ASSOC. COMMUNITY SERVICE AWARD

Director of Public Services Karen Murphy presented information on the 2014 Michigan Recreation and Park Association’s Community Service Award.  Recreation Manager Marcie Post spoke regarding the Beautification Advisory Committee and how they work with local organizations and individuals and national and state groups on beautification programs.  Marcie Post introduced members of the Beautification Advisory Committee.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue a proclamation recognizing the Beautification Advisory Committee as a recipient of the 2014 Michigan Recreation and Park Association’s Community Service Award for their outstanding support of public recreation and park programs in their community for the past 45 years.  (Motion ADOPTED.)  Mayor Donker presented the proclamation to Bette R. Tollar.

 

ARBOR DAY

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Friday, April 25, 2014, as Arbor Day in the City of Midland.  (Motion ADOPTED.)  Mayor Donker presented Karen Murphy with the proclamation.

 

PUBLIC COMMENTS

No public comments were made.

 

PROPOSED 2014-15 CITY OF MIDLAND BUDGET

Assistant City Manager for Financial Services David Keenan presented the Proposed 2014-15 City of Midland Budget.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

WHEREAS, City Council has previously approved, at its regular Council meeting on November 25, 2013, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 28, 2014, in the Council Chambers of City Hall, on the proposed 2014-15 budget; and

WHEREAS, City Council has previously approved at the same meeting that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, May 12, 2014, in the Council Chambers of City Hall on the proposed 2014-15 budget; now therefore

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2014-15 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

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

RESOLVED FURTHER, that copies of the proposed 2014-15 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Road, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2013-14 adopted budget and the 2014-15 proposed budget.  (Motion ADOPTED.)

 

SIDEWALK SNOW CLEARINIG REPORT

City Attorney James Branson presented information and a report regarding sidewalk snow clearing as directed by City Council on February 10, 2014.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, on February 10, 2014 the City Council directed the City Manager to present a staff report regarding the City of Midland’s policy as it pertains to sidewalk snow removal and further to include information as to what other communities do regarding mandating sidewalk snow removal; and

WHEREAS, the City staff has investigated this issue and has prepared a report which includes information obtained from other communities; now therefore

RESOLVED, that the City Council hereby accepts the staff report regarding sidewalk snow clearing.  (Motion ADOPTED.)

 

STEELE RESIGNATION – ZONING BOARD OF APPEALS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the resignation of Jon Steele as a member of the Zoning Board of Appeals is hereby accepted, effective April 16, 2014, and the Administration is directed to convey the Council’s appreciation to Mr. Steele for his service on this important Board.  (Motion ADOPTED.)

 

GRAPE BEGINNINGS WINERY, LLC

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOVED, that the application from Grape Beginnings Winery, LLC for the following license(s):    Small Wine Maker to be located at 244 E. Main Street, Midland, Michigan 48640 and the following permit, if applied for:  □ Banquet Facility Permit                    

Address of Banquet Facility    _____________________________________

It is the consensus of this body that it recommends this application be considered for approval by the Michigan Liquor Control Commission.  (Motion ADOPTED.)

 

EAST END DEVELOPMENT BLOCK PARTY

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the request from Christin O’Callaghan, Bolger and Battle on behalf of the Caddis Development and Gillespie Group, to conduct a family-oriented community block party in downtown Midland on Thursday, June 19, 2014, utilizing the public right-of-way, is hereby approved subject to the following conditions:

·         The responsible party and contact number for the event date is Christin O’Callaghan, 989-835-8171.

·         Event organizer must provide certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Additional Insured for the date of the event.  The certificate must be submitted to the City Engineer’s Office no less than 30 days prior to the event.  They must fax it to 989-837-5708.

·         Organizer must provide adequate event liquor license, as well as liquor liability insurance that names the City as additional insured, assuming there is not a licensed restaurant/bar in that corner of the facility with approval for sidewalk seating and serving.

·         DPS will provide barricades for street closure per appropriate traffic control order issued by City Engineering.

·         Event fencing and picnic tables are not available on this date.

·         Nine additional trash receptacles will be provided.

·         The stage is tentatively reserved for this event.  The organizer needs to contact the Parks Office at 837-6930 to complete the registration process.

·         Emergency vehicle access to Dow Diamond does not appear to be impeded.  The event, including food trucks will receive MFD inspections.  Vendors having questions may contact Fire Marshal Josh Mosher at 989-837-3413.

; and

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

 

OUT OF THE DARKNESS CAMPUS WALK

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the request from the American Foundation for Suicide Prevention, to conduct an Out of the Darkness Campus Walk from the Tridge to Northwood University’s campus on Sunday, April 27, 2014, utilizing the public right-of-way, is hereby approved subject to the following conditions:

989-607-7259.

; and

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

 

BEAVERTON HIGH SCHOOL PROM FIREWORKS DISPLAY

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the request from the Great Lakes Loons, on behalf of Beaverton High School, to conduct a Beaverton High School Prom Fireworks Display at Dow Diamond on Saturday, May 3, 2014 is hereby approved subject to the following conditions:

; and

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

 

LIGHT THE NIGHT WALK OF MID-MICHIGAN

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the request from Joslyn Chulski on behalf of the Leukemia & Lymphoma Society, seeking permission to host a Light the Night Walk on Saturday, October 4, 2014, utilizing the Rail Trail, is hereby approved subject to the following conditions:

·         The responsible party and contact number for the event date is Joslyn Chulski, 989-482-2453.

·         Farmers Market is in session until 2:00 p.m.  No other events can be scheduled at the Farmers Market during this time.

·         Participants must remain on the Rail Trail and obey all traffic laws and traffic control devices as well as the Rail Trail Etiquette/Rules attached.

·         Chippewassee Park and the Rail Trail must be cleaned up afterwards to remove any litter, especially if sparklers are used.

·         The Chippewassee Pavilion has been tentatively reserved for this event.  The organizer will need to contact the Parks Office at 837-6930 to complete the reservation process.

·         Permission for amplified sound for the DJ or band is granted.

·         Sky lanterns (flame lanterns that are released into the sky) will not be allowed.

·         Event organizer must provide certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Additional Insured for the date of the event.  The certificate must be submitted to the City Engineer’s Office no less than 30 days prior to the event.  They must fax it to 989-837-5708.

; and

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

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,002 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $40,007.15 executed by the Purchasing Agent on March 18, 2014, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $38,391 executed by the Purchasing Agent on March 25, 2014, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

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 10,190 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $31,874.32 executed by the Purchasing Agent on March 28, 2014, is hereby approved.  (Motion ADOPTED.)

 

WATER TREATMENT PLANT FASCIA RECOATING

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, on Tuesday, April 8, 2014 sealed bids were received for Building Fascia Recoating, Bid No. 3613, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lone bid has been thoroughly reviewed by staff for this project, and determined that the bid in the amount of $95,549.00 received from Saylor’s Inc., of Ottawa Lake, be accepted in the best interest of the City; and

WHEREAS, funding for this project has been budgeted over several years and is available in the Water Enterprise Fund - Capital Project WP1404; now therefore

RESOLVED, that the low sealed proposal submitted by Saylor’s Inc., of Ottawa Lake for the indicated amount of $95,549.00, is hereby accepted, and the Mayor and City Clerk are authorized to execute the contract, subject to document approval by the City Attorney, for recoating services at the Water Treatment Plant; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

WALDO AVENUE PUBLIC IMPROVEMENTS AGREEMENT

Director of Planning and Community Development Brad Kaye presented information on the Waldo Avenue public improvements and cost sharing agreement.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, several owners of property located on Waldo Avenue north of US 10 desire to have access to Public Improvements, including sanitary sewer, water, streets, and storm sewer, as outlined in a North Waldo Public Improvements Agreement; and

WHEREAS, the property owners have recently annexed their properties to the City of Midland as a primary step to obtain Public Improvements; and

WHEREAS, the next step is to enter into an agreement with the City to ensure completion of all required Public Improvements and the payment for those improvements; and

WHEREAS, the agreement states that the City will cause the Public Improvements to be constructed under a special assessment program, whereby the property owners agree to pay their special assessment, in full, upon the completion of the Public Improvements; and

WHEREAS, the total cost of the improvements is $2,100,000, with the City’s commitment of $1,473,000 (70%) and the property owners commitment of $626,789 (30%); and

WHEREAS, the City has budgeted the engineering for the improvements in the 2014 Fiscal Budget, while the remainder is recommended to be budgeted in the 2015 Fiscal Budget; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement for shared costs for public improvements between the City of Midland (70%) and several members of the Rapanos family (30%), including the extension of sanitary sewer, water, streets, and storm sewer located on Waldo Avenue north of US 10 to 600 feet north of Diamond Drive, with an estimated total cost of $2,100,000 for the improvements.  (Motion ADOPTED.)

 

CENTER CITY SIGNAGE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, section 2-18 of the Code of Ordinances allows City Council, by a four-fifths vote, to waive sealed proposals in cases where such proposals are impractical; now therefore

RESOLVED, that such competitive bids are waived in accord with Section 2-18 of the Code of Ordinances and the Purchasing Agent is authorized to issue a purchase order in the amount of $48,845.00 to Huron Sign Co. of Ypsilanti, MI; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders in an aggregate amount not to exceed $10,000.00.   (Motion ADOPTED.)

 

PROPOSED 2013-14 BUDGETS & FINANCIAL WORKING PLANS AMENDMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

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., April 28, 2014, in the Council Chambers of City Hall on the proposal to amend the 2013-14 budgets and financial working plans as follows:

 




(Motion ADOPTED.)

 

2014 WALDO AVENUE WATER MAIN IMPROVEMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a water main on Waldo Avenue from Wheeler Road to 600 feet north of Diamond Drive in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said water main appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

           “2014 WALDO AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

A four hundred foot wide strip of land Beginning at the Southwest Corner of Section 1, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 3970.5 feet, along the West Section Line of said Section 1 excluding the following described parcel; 

Section 2 T14N R2E Commencing 1320 feet north of the East 1/4 Corner, thence West 210 Feet, South 150 Feet, East 210 Feet, North 150 Feet.

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing water main and appurtenances and that the total estimated cost and expense thereof is Five Hundred Forty Three Thousand dollars ($543,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be Three Hundred Forty Five Thousand Nine Hundred Fifty Six dollars Thirty Eight cents ($345,956.38) and that all other costs and expenses of said improvement amounting to One Hundred Ninety Seven Thousand Forty Three dollars Sixty Two cents ($197,043.62) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, April 28, 2014 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed improvement; and

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

 

2014 WALDO AVENUE SANITARY SEWER IMPROVEMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer on Waldo Avenue from Wheeler Road to 600’ north of Diamond Drive in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewers, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

            “2014 WALDO AVENUE SANITARY SEWER IMPROVEMENT    SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

A four hundred foot wide strip of land Beginning at the Southwest Corner of Section 1, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 3970.5 feet, along the West Section Line of said Section 1 excluding the following described parcel; 

Section 2 T14N R2E Commencing 1320 feet north of the East 1/4 Corner, thence West 210 Feet, South 150 Feet, East 210 Feet, North 150 Feet.

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing sanitary sewers, pumping station and force main and that the total estimated cost and expense thereof is Nine Hundred Fifteen Thousand dollars ($915,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be Six Hundred Sixty Nine Thousand Three Hundred Eighty Six Dollars Fifty One cents ($669,386.51) and that all other costs and expenses of said improvement amounting to Two Hundred Forty Five Thousand Six Hundred Thirteen dollars Forty Nine cents ($245,613.49) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, April 28, 2014 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed improvement; and

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

 

2014 WALDO AVENUE STREET IMPROVEMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of street improvements on Waldo Avenue from Wheeler Road to 600’ north of Diamond Drive in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said street improvements, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2014 WALDO AVENUE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

A four hundred foot wide strip of land Beginning at the Southwest Corner of Section 1, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 3970.5 feet, along the West Section Line of said Section 1

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing curb & gutter, pavement and street drainage and that the total estimated cost and expense thereof is Six Hundred Forty Two Thousand dollars ($642,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be Four Hundred Two Thousand Nine Hundred Thirty Five dollars Fifty Eight cents ($402,935.58) and that all other costs and expenses of said improvement amounting to Two Hundred Thirty Nine Thousand Sixty Four dollars Forty Two cents ($239,064.42) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, April 28, 2014 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed improvement; and

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

 

SARA SPECIAL ASSESSMENT DISTRICT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the 2014 Downtown Economic Revitalization Public Improvement Program in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement program; and

WHEREAS, the Council finds and determines that said improvements, as before listed, appear to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvements is two (2) years; and

WHEREAS, said public improvements shall constitute one special assessment district to be known as:

 “2014 DOWNTOWN ECONOMIC REVITALIZATION
PUBLIC IMPRVOEMENT SPECIAL ASSESSMENT DISTRICT”

Which is hereby established and that said district comprises the following described lands and premises:

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

; and

WHEREAS, the proposed improvements and work to be completed in said Special Assessment District shall consist of advertising, promotions and events, holiday decoration rental and contributions toward the salary and miscellaneous expenses for the Downtown Development Authority office staff support, and that the total estimated cost and expense thereof is ninety thousand dollars, ($90,000.00); and

WHEREAS, the proportion of the cost and expense of said improvements to be borne and paid for by the City at large, County, and/or DDA shall be zero ($0) and that all other costs and expenses of said revitalization program amounting to ninety thousand dollars ($90,000.00) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; now therefore

RESOLVED, that the report concerning said improvements is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and that the City Council will meet in the City Hall, 333 W. Ellsworth, on Monday, April 28, 2014, at 7:00 p.m. to hear any objections or suggestions regarding the proposed improvements; and

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

 

PROPOSED 2013-14 CENTER CITY AUTHORITY BUDGET AMENDMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, Midland Center City has received a $24,000 grant from the Rollin M. Gerstacker Foundation for the Center City signage project; and

WHEREAS, it is necessary to amend the FY 2013-14 Center City Authority budget to include these funds; now therefore

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., Monday, April 28, 2014 in the Council Chambers of City Hall on the proposal to amend the FY 2013-14 Center City Authority budget, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

RECOGNITION OF PAULA WHITTINGTON

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

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Director of Human Resources Paula Whittington for her outstanding contributions to the City of Midland and the Midland community, and wishing her and her family much happiness and success in their future endeavors.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:20 p.m.

 

 

______________________________________

            Paula Whittington, Deputy City Clerk