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REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW_ MICHIGAN

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REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW_ MICHIGAN Powered By Docstoc
					                             AUGUST 25, 2003                                     307

REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN,
HELD MONDAY, AUGUST 25, 2003 AT 6:30 P.M. IN THE COUNCIL CHAMBER OF
THE CITY HALL.

         Mayor Wilmer Ham offered a prayer and led the pledge of allegiance.

         Mayor Ham called the meeting to order. The following Councilpersons were
present: Browning, Coleman, Cottrell, Coulouris, Haynes, Thurin and Mayor Ham –7.
         Absent: Councilman Soza-1.
                                    ***************
                  CORRECTION AND APPROVAL OF MINUTES
         The minutes of the regular meeting held August 11, 2003 were approved.

                                 PUBLIC HEARINGS
          The Clerk announced the public hearing set on vacating portion of Owen
Street lying between Gary Street and Euclid Street. Mayor Ham called three times for
comments. No one was heard.
          Councilman Browning moved to declare the hearing closed.
          Adopted unanimously.
                         Councilman Soza entered and took his seat.
          The Clerk announced the public hearing set on the Brownfield Plan
Amendment for Cinderella, Inc., 1215 S. Jefferson. Mayor Ham called for comments.
Steve Black, Saginaw Future, Inc. and Gerald Kurtz, owner of Cinderella, Inc. asked for
favorable consideration of the plan amendment. Jack Schmidt inquired on number of
jobs to be created and stated small business tax does affect the City. Mayor Ham
asked for additional comments. No one else was heard.
          Councilman Coulouris moved to declare the hearing closed.
          Adopted unanimously.

        The Clerk announced the public hearing set on the Brownfield Plan
Amendment for Garb-Ko, Inc. (7 Eleven), 1400 Court Street. Mayor Ham called for
comments. Jack Schmidt stated does not understand why a business needs this
amendment when it is firmly established. Mayor Ham asked for additional comments.
No one else was heard.
        Councilman Coleman moved to declare the hearing closed.
        Adopted unanimously.

        The Clerk announced the public hearing set on the Brownfield Plan
Amendment for Garb-Ko, Inc. (7 Eleven), 2032 Bay Street. Mayor Ham called for
comments. Jack Schmidt again reiterated this is a good location and the amendment is
not necessary. Mayor Ham asked for additional comments. No one else was heard.
        Councilman Browning moved to declare the hearing closed.
        Adopted unanimously.

      The Clerk announced the public hearing set on the Brownfield Plan
Amendment for Nodular Iron Redevelopment Project, 2100 Veteran’s Memorial
308                          AUGUST 25, 2003

Parkway. Mayor Ham called for comments. JoAnn Crary, Saginaw Future, Inc. and
Rick Sutton, GM Metal Castings Operations Plant, asked for favorable consideration of
this amendment plan. This is a potential location for suppliers to the GM Metal
Castings Operations Plant and is an exciting project. Earl Jesse asked what will it
actually cost the city to allow this project. Jack Schmidt spoke in favor of the request
stating the jobs to possibly be created are needed. Richard Hahn expressed concerns
asking Council to pay particular attention to details and long term affect. Johnny
Sanders stated employment opportunity for city residents deserves priority. Mayor Ham
asked for additional comments. No one else was heard.
          Councilman Coleman moved to declare the hearing closed.
          Adopted unanimously.

         The Clerk announced the public hearing set on the Brownfield Plan
Amendment for Saint Mary’s Hospital, 800 S. Washington Avenue. Mayor Ham called
for comments. Steve Black, Saginaw Future, Inc. and Jim Keyes, Vice President of
Saint Mary’s Hospital asked for favorable consideration of the proposed amendment
plan and significance in getting Council approval. Jack Schmidt agreed this is a very
good endeavor for the city and the investment is worthwhile. Mayor Ham asked for
additional comments. No one else was heard.
         Councilman Coulouris moved to declare the hearing closed.
         Adopted unanimously.

                             PERSONAL APPEARANCES
          Greg Branch, 1135 N. Michigan, addressed Council on the process and
reasoning that help establish the ordinance proposed for creating a N. Michigan
Avenue Historical District.
          Earl G. Jesse, 310 S. Harrison, presented Council a proposal to assist in
resolving unfunded liabilities.
          Jack Schmidt, 821 Congress, commented on historical district for N. Michigan,
shared photographs giving reasons for not needing it and asked that Council expedite
their decision on this matter.
          David Maczik, 1520 N. Michigan, as owner of property on Michigan Avenue
opposes proposed historical district proposal.
          Pastor Robert Gaines, 2420 Montgomery, inquired on status of his complaint
at the last meeting (City Manger Kimble responded), complained E. Genesee Avenue is
in need of street repair and addressed homes in need of demolition.
          Jay Rousseau, 603 N. Michigan, commented that it appears only a few are
pushing the establishment of the historical district on N. Michigan and presented
Council with petition of prominent business owners who signed indicating opposition to
it.
          Greg Rousseau, 603 N. Michigan, as owner of property on N. Michigan
opposes the additional restrictions the historical district would place on him.
          Johnny Sanders, 3420 Grant St., asked why does City pay taxes when
services are not being given and why city can not take advantage of using community
service/prisoners for clean up work. Stated announcement of killings in the city should
not be selective – it occurs on both east and west side.
                              AUGUST 25, 2003                                         309

        Lasharda E. Rincher, 811 Congress, spoke on neighborhood dispute with Mr.
Schmidt and wife because of treatment towards her and her children. There are racial
comments being made and pictures of children being taken. The Police Department
has been involved. Feels family is being tormented and does not understand why.

                                  REMARKS OF COUNCIL
          Councilman Haynes referred specific locations to the City Manager for
investigation as a dumping ground and as condemned property.
          Councilman Coulouris asked Council to please consider his memo on the
concept of creating a water committee. Announced he has been asked to serve on the
Enrichment Commission and he is to begin employment in the public sector as an
Assistant Prosecutor.
          Councilwoman Cottrell commented on news regarding possible change of
services at the Veterans Memorial Hospital to outpatient only. Anyone interested in
having input on this issue can go to the internet site (WJRT) and link to this topic.
Asked if consideration can be given to citizen idea of a recycling fee in order to keep
this service available. Commended the Enrichment Center for the youth talent event
recently held. Asked Council to be completely informed before taking any action on the
matter of the N. Michigan historical district. Take into consideration all the factors
relating to it as well as the time and effort that went into the recommendation. Clearing
up some misconceptions may be what is needed.
          Councilman Soza addressed a property with the City Manager for further
investigation. Inquired if a certificate of recognition could be prepared for the son of Mr.
and Mrs. Jose Saucedo who earned the Bronze Star in a recent overseas tour of duty.
          Councilman Browning commented on his concerns over the matter of the N.
Michigan historical district recommendation and the non-professional action taken by a
member of the Historical Commission. Also expressed concern that personal
appearances are seeking the City Manager’s attention instead of the City Council. With
regards to charging a recycling fee feels it may not be workable. He performs his own
recycling efforts that works for him.
          Councilwoman Thurin inquired on the following matters and asked for a
response/clarification: formerly told personal Council communications may possibly be
in conflict with Open Meetings Act; subcommittee appointments are done under what
authority; and requests for legal opinions with or without Council consensus/approval.
She is looking for consistency with policy. Addressed the matter of a skateboard park
due to personal family interest advising Council she will take initiative on this project.
          Mayor Ham reiterated effort of Senator Deborah Stabenow petition on topic of
Canadian trash being dumped in Michigan. Commented on various community
                                                                            th
activities – Back to School Fashion Show, Star Search event, and 40 Anniversary
celebration of Martin Luther King march to Washington D.C. Addressed her pleasure in
the proposed E. Genesee Project and also met with Lee Austin on Potter Street train
station.
                                                                th
          Councilman Coleman mentioned the coming 150 Anniversary for the City of
Saginaw and plans/preparations should begin soon in anticipation of such a great
landmark for our city.
310                          AUGUST 25, 2003

        REPORTS FROM BOARDS AND COMMISSIONS AND COMMITTEES
From: The Brownfield Redevelopment Authority
           Subject: Brownfield Plan Amendment, Cinderella Inc., 1215 S. Jefferson
                     Avenue.
           Brownfield Redevelopment Authority Recommendation: Recommending that
City Council adopt the resolution approving the Brownfield Plan amendment for
Cinderella Inc., 1215 S. Jefferson Avenue, which is listed under the regular order of
business.
           Justification: On July 24, 2003 the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Plan to include the Brownfield Plan Project
No. 18, Cinderella Inc. 1215 S. Jefferson Avenue. Cinderella Inc. is proposing to
construct a 40,000 sq. ft. warehouse and a 70,000 sq. ft. warehouse on the property.
The overall estimated investment for the project is $4.9 million.
           The site qualifies to be included within the Brownfield Plan based on the
contaminates found during environmental investigation of the site. The Brownfield Plan
has been created for the purpose of facilitating the clean-up and redevelopment of the
property and to allow for the utilization of 12 years of Tax Increment Financing and a
State of Michigan Brownfield Redevelopment Single Business Tax (SBT) Credit for the
proposed investment.
           The original Brownfield Plan was adopted by City Council on May 17, 1999 in
compliance with State Act 381. The purpose of Brownfield legislation is to assist in
development of vacant and/or underutilized sites. The State Act requires that the City
Council approve amendments to the plan and adopt a resolution after a duly advertised
public hearing. The Public Hearing on the proposed amendment is also on the Council
Agenda for this meeting, (August 25, 2003). A notice was published in the Saginaw
News on August 4, 2003 and August 5, 2003. A notice was also sent to all taxing
jurisdictions.
           Subject to any compelling reasons to the contrary which may develop after the
public hearing, it is recommended that the City Council adopt the resolution approving
the Brownfield Plan amendment of Cinderella Inc., 1215 S. Jefferson Avenue, which is
listed under the regular order of business.
           Council Action: Councilman Browning moved that the recommendation from
the Brownfield Redevelopment Authority be approved.
           Adopted unanimously.

        Councilwoman Thurin moved to waive the reading of the following reports from
the Brownfield Redevelopment Authority.
        Adopted unanimously.
        Councilman Coleman moved that the recommendations of the Brownfield
Redevelopment Authority for items two through five be approved.
        Adopted unanimously.

From: The Brownfield Redevelopment Authority
        Subject: Brownfield Plan Amendment, Garb-Ko, Inc. (7-Eleven), 1400 Court
Street.
                             AUGUST 25, 2003                                      311

           Brownfield Redevelopment Authority Recommendation: Recommending that
City Council adopt the resolution approving the Brownfield Plan amendment for Garb-
Ko, Inc. (7-Eleven), 1400 Court Street, which is listed under the regular order of
business.
           Justification: On July 24, 2003 the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Plan to include the Brownfield Plan Project
No. 19, Garb-Ko, Inc. (7-Eleven), 1400 Court Street. Garb-Ko Inc. is proposing to
construct a new 2,800 sq. ft. convenience store building to replace the existing store
building. The Plan includes the total private investment of approximately $600,000 to
complete construction of the building and associated site improvements.
           The site qualifies to be included within the Brownfield Plan based on the
contaminates found during environmental investigation of the site. No Tax Increment
payments for reimbursement of eligible activities are requested at this time. Garb-Ko,
Inc. is seeking a State of Michigan Brownfield Redevelopment Single Business Tax
(SBT) Credit for the proposed investment.
           The original Brownfield Plan was adopted by City Council on May 17, 1999 in
compliance with State Act 381. The purpose of Brownfield legislation is to assist in
development of vacant and/or underutilized sites. The State Act requires that the City
Council approve amendments to the plan and adopt a resolution after a duly advertised
public hearing. The Public Hearing on the proposed amendment is also on the Council
Agenda for this meeting, (August 25, 2003). A notice was published in the Saginaw
News on August 4, 2003 and August 5, 2003. A notice was also sent to all taxing
jurisdictions.
           Subject to any compelling reasons to the contrary which may develop after the
public hearing, it is recommended that the City Council adopt the resolution approving
the Brownfield Plan amendment of Garb-Ko Inc, (7-Eleven), 1400 Court Street which is
listed under the regular order of business.

From: The Brownfield Redevelopment Authority
         Subject: Brownfield Plan Amendment, Garb-Ko, Inc. (7-Eleven), 2032 Bay
Street.
         Brownfield Redevelopment Authority Recommendation: Recommending that
City Council adopt the resolution approving the Brownfield Plan amendment for Garb-
Ko, Inc. (7-Eleven), 2032 Bay Street, which is listed under the regular order of
business.
         Justification: On July 24, 2003 the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Plan to include the Brownfield Plan Project
No. 20, Garb-Ko, Inc. (7-Eleven), 2032 Bay Street. Garb-Ko, Inc., is proposing to
construct a new convenience store and commercial gasoline filling station on the site to
replace the existing convenience store building. The plan includes the investment of
approximately $1.4 million in new construction and equipment.
         The site qualifies to be included within the Brownfield Plan based on the
contaminates found during environmental investigation of the site. The Brownfield Plan
has been created for the purpose of facilitating the clean-up and redevelopment of the
property and to allow for the utilization of 12 years of Tax Increment Financing and a
State of Michigan Brownfield Redevelopment Single Business Tax (SBT) Credit for the
312                          AUGUST 25, 2003

proposed investment.
           The original Brownfield Plan was adopted by City Council on May 17, 1999 in
compliance with State Act 381. The purpose of Brownfield legislation is to assist in
development of vacant and/or underutilized sites. The State Act requires that the City
Council approve amendments to the plan and adopt a resolution after a duly advertised
public hearing. The Public Hearing on the proposed amendment is also on the Council
Agenda for this meeting, (August 25, 2003). A notice was published in the Saginaw
News on August 4, 2003 and August 5, 2003. A notice was also sent to all taxing
jurisdictions.
           Subject to any compelling reasons to the contrary which may develop after the
public hearing, it is recommended that the City Council adopt the resolution approving
the Brownfield Plan amendment of Garb-Ko, Inc. (7-Eleven), 2032 Bay Street, which is
listed under the regular order of business.

From: The Brownfield Redevelopment Authority
           Subject: Brownfield Plan Amendment, Nodular Iron Redevelopment Project,
2100 Veterans Memorial Parkway.
           Brownfield Redevelopment Authority Recommendation: Recommending that
City Council adopt the resolution approving the Brownfield Plan amendment for the
Nodular Iron Redevelopment Project, 2100 Veterans Memorial Parkway, which is listed
under the regular order of business.
           Justification: On July 30, 2003 the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Plan to include the Brownfield Plan Project
No. 21, Nodular Iron Redevelopment Project, 2100 Veterans Memorial Parkway. A
facility is proposed to be constructed to house processing operations to support the
adjoining GM Saginaw Metal Casting Plant. The Plan includes investment of
approximately $60 million in new construction and equipment.
           The site qualifies to be included within the Brownfield Plan based on the
contaminates found during environmental investigation of the site. No Tax Increment
payments for reimbursement of eligible activities are requested at this time. The
Developer is seeking a State of Michigan Brownfield Redevelopment Single Business
Tax (SBT) Credit for the proposed investment.
           The original Brownfield Plan was adopted by City Council on May 17, 1999 in
compliance with State Act 381. The purpose of Brownfield legislation is to assist in
development of vacant and/or underutilized sites. The State Act requires that the City
Council approve amendments to the plan and adopt a resolution after a duly advertised
public hearing. The Public Hearing on the proposed amendment is also on the Council
Agenda for this meeting, (August 25, 2003). A notice was published in the Saginaw
News on August 4, 2003 and August 5, 2003. A notice was also sent to all taxing
jurisdictions.
           Subject to any compelling reasons to the contrary which may develop after the
public hearing, it is recommended that the City Council adopt the resolution approving
the Brownfield Plan amendment for the Nodular Iron Redevelopment Project, 2100
Veteran’s Memorial Parkway, which is listed under the regular order of business.
                              AUGUST 25, 2003                                        313

From: The Brownfield Redevelopment Authority
           Subject: Brownfield Plan Amendment, Saint Mary’s Hospital, 800 S.
Washington Avenue.
           Brownfield Redevelopment Authority Recommendation: Recommending that
City Council adopt the resolution approving the Brownfield Plan amendment for Saint
Mary’s Hospital, 800 S. Washington Avenue, which is listed under the regular order of
business.
           Justification: On July 24, 2003 the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Plan to include the Brownfield Plan Project
No. 17, St. Mary’s Hospital located at 800 S. Washington Avenue. Saint Mary’s
Hospital is proposing to construct a new building to the east of the existing hospital that
would be used as an outpatient surgical facility. The Plan includes the investment of
approximately $10 to $15 million in new construction and equipment.
           The site qualifies to be included within the Brownfield Plan based on
contaminates found during environmental investigation of the site. No Tax Increment
payments for reimbursement of eligible activities are requested at this time. Saint
Mary’s Hospital is seeking a State of Michigan Brownfield Redevelopment Single
Business Tax (SBT) Credit for the proposed investment.
           The original Brownfield Plan was adopted by City Council on May 17, 1999 in
compliance with State Act 381. The purpose of Brownfield legislation is to assist in
development of vacant and/or underutilized sites. The State Act requires that the City
Council approve amendments to the plan and adopt a resolution after a duly advertised
public hearing. The Public Hearing on the proposed amendment is also on the Council
Agenda for this meeting, (August 25, 2003). A notice was published in The Saginaw
News on August 4, 2003 and August 5, 2003. A notice was also sent to all taxing
jurisdictions.
           Subject to any compelling reasons to the contrary which may develop after the
public hearing, it is recommended that the City Council adopt the resolution approving
the Brownfield Plan amendment of Saint Mary’s Hospital, 800 S. Washington Avenue,
which is listed under the regular order of business.

        Councilwoman Cottrell briefly reported on the Riverfront Commission and the
groundbreaking to take place next month for new docking as well as estimated
completion of other projects.

            APPOINTMENT OF BOARD AND COMMISSION MEMBERS
          Mayor Ham informed City Council of her decision to appoint Ms. Pat
Schumacher and Mr. Al Holiday to the Housing Commission.
          Mayor Ham created the Water Development Committee with interest in serving
noted for Councilpersons Coulouris, Haynes, Soza and Thurin.
          Councilman Coleman moved to appoint Councilman Browning as co-chair for
the City/County/ School Liaison Committee and Councilman Haynes to fill the vacancy.
          Adopted unanimously.
314                          AUGUST 25, 2003

                         REPORTS FROM CITY MANAGER
Subject: Replacement AC Condenser Unit
         Manager’s Recommendation: I recommend acceptance of the low bid from AC
Klopf Heating and Air Conditioning, Inc. and issuance of a purchase order to them in
the amount of $7,500.00. This vendor meets all requirements of the Contract
Compliance Provisions, Title 1, Chapter 14, §14.35-14.44, of the Saginaw Code of
Ordinances.
         Funds for this purchase are budgeted in the City Hall Capital Improvement
Fund Account No.401-9010-901-9731, Project No. CI9801.
         Justification:    The air conditioning condensing unit for the offices of Fiscal
Services failed and was not repairable due to its age and availability of parts. The unit
was installed in 1979 and recently experienced leaks to its coils and was operating at
reduced capacity when the condensing unit stopped. Because of the unit failure, air
quality soon became a concern for the workers in the Fiscal Services area and a
replacement was sought immediately.
         Council Action: Councilman Coleman moved that the recommendation of the
City Manager be approved.
         Adopted unanimously.

Subject: Fire Turnout Gear
          Manager’s Recommendation: I recommend that a blanket purchase order be
approved and issued to Douglass Safety in the amount of $13,000.00.
          Justification: Douglass Safety is a sole source company for Securetex Fire
Fighting Turnout Gear for the Fire Suppression Division. This equipment meets all
requirements of NFPA and contractual agreements. Unit cost per suit is $1,300.00 and
the purchase order would cover the purchase of ten (10) suits. The vendor’s sole
source status has been verified by Purchasing.
          This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14, Section 14.35-14.44, of the Saginaw Code of Ordinances.
          Funds for this purchase are budgeted in the General Fund Fire Suppression
Account No. 101-3751-751-7303.
          Council Action: Councilman Coleman moved that the recommendation of the
City Manager be approved.
          Adopted unanimously.

Subject: Contract For Wobig Construction Co.
          Manager’s Recommendation: I recommend that Contract No. C-1529 with
Wobig Construction Company, Saginaw, MI., be increased from $41,717.25 to
$62,682.25 to replace defective sidewalks in various locations in the City.
          Funds for this work are budgeted in the General Fund Public Improvements
Account No. 101-4611-781-8047. Costs for sidewalk replacement will be reimbursed to
the City through the special assessment procedure.
          Justification: On July 1, 2002, City Council accepted the bid from Wobig
Construction Company and awarded a contract to them in the amount of $35,962.50 to
replace defective sidewalks in various locations within the City. The Engineering
Section of Public Services maintains an ongoing list of citizen requests for sidewalk
                             AUGUST 25, 2003                                      315

replacement. The Engineering Administrator negotiated additional work as the list
expanded and Wobig Construction agreed to perform the extra work with no changes in
contract pricing. The additional work was authorized by change order increasing the
contract amount from $35,962.50 to $41,717.25. Since then, the sidewalk replacement
list has further grown and Wobig Construction offers to perform the extra work in the
amount of $20,965.00 with no changes in contract pricing. The prices from Wobig’s
contract were used to quote estimated costs to owners of the defective sidewalk,
therefore, it is recommended to add this work to the current contract.
          This Contract has been approved by me as to substance and by the City
Attorney as to form.
          Council Action: Councilman Coleman moved that the recommendation of the
City Manager be approved.
          Adopted unanimously.

Subject: Municipal Employees Retirement System (MERS) Officer and Employee
Delegate Certification
          Manager’s Recommendation: The Michigan Employees Retirement Act
provides that the governing body of each participating municipality shall certify to the
Board the name of four delegates, two (2) shall be an officer and alternate and two (2)
shall be an employee delegate and alternate to represent said municipality at its annual
meeting. I recommend for your approval as officer delegate, Marsha Ostler and as
alternate, Grace DeLeon, and as employee delegate, Evelyn Culberson and as
alternate, Meloni Scurry.
          Justification: An annual meeting is held for representatives of participating
municipalities for the purpose of selecting nominees for membership on the retirement
board and to transact such other business as may be required for the proper operation
of the retirement system. The annual meeting for 2003 has been called for October 1-
2, 2003 in Dearborn, Michigan.
          The officer delegate and alternate are recommended based on appointing
criteria. The employee delegate and alternate are elected in accordance with the Act
that requires the City Clerk to hold a secret ballot election for all eligible MERS
members.
          Council Action: Councilman Coleman moved that the recommendation of the
City Manager be approved.
          Adopted unanimously.

Subject: Update of Water Rate Study by Black & Veatch
           Manager’s Recommendation: I recommend that an additional $13,100.00 be
added to the existing purchase order for Black & Veatch to update the City’s current
water rate study.
           Justification: Black & Veatch has been working with the Department of Public
Utilities to develop a new water model for assigning to, and recovering from, costs
associated with providing water service to the City’s wholesale customers. The water
rate study currently contains actual figures from fiscal year 2001, with a proposed
implementation date for the increase of July 1, 2003. It has been determined that the
study should be updated with actual figures from fiscal years’ 2002 and 2003, with a
316                          AUGUST 25, 2003

new proposed implementation date of January 2004. Black & Veatch will revise the
existing rate model with this additional data for the maximum fee of $13,100.00.

        Funds for these services are available in Water Surplus Account No. 577-
4740-881 80-02.
        Council Action: Councilman Coleman moved that the recommendation of the
City Manager be approved.
        Adopted unanimously.

         All City Manager recommendations to this point were adopted by general
consent. The following were considered after discussion.
Subject: Variance Request by General Motors
         Manager’s Recommendation: I recommend that a variance be granted to
Malleable Iron and Saginaw Metal Casting Operations to allow the installation of
galvanized pipe in place of ductile iron pipe in the master meter pits serving both
premises.
         Justification: This variance is granted under the provisions of Tile 5, Chapter
52, Sections 52.19 and 52.50 of the Saginaw Code of Ordinances, O-1, and Water
Extension Bulletin Series 317, Section #2 as approved1/27/03.
         Council Action: Councilwoman Cottrell moved that the recommendation of the
City Manager be approved.
         Adopted unanimously.

                      INTRODUCTION OF ORDINANCES
         Councilman Coleman introduced an ordinance entitled and reading as follows:

AN ORDINANCE TO AMEND SECTION 110.26 “STATIONARY ENGINEERS AND
FIREFIGHTERS” TO BE NEWLY ENTITLED “STATIONARY BOILER OPERATORS
AND STATIONARY ENGINEERS,” CHAPTER 110, “GENERAL PROVISIONS”, TITLE
XI, “BUSINESS REGULATIONS”, OF ORDINANCE O-1, “THE CITY OF SAGINAW
CODE OF ORDINANCES”

         Laid over under Charter provision.

         Councilwoman Cottrell introduced an ordinance entitled and reading as follows:

AN ORDINANCE TO AMEND SECTION 12.10 “BOARD OF EXAMINERS OF
STATIONARY ENGINEERS AND FIREMEN“ TO BE NEWLY ENTITLED “BOARD OF
EXAMINERS OF STATIONARY BOILER OPERATORS AND STATIONARY
ENGINEERS,” CHAPTER 12, “BOARDS AND COMMISSIONS,” TITLE I,
“ADMINISTRATIVE CODE”, OF ORDINANCE O-1, “THE CITY OF SAGINAW CODE OF
ORDINANCES.”

         Laid over under Charter provision.
                             AUGUST 25, 2003                                      317

                CONSIDERATION AND PASSING OF ORDINANCES
          Councilman Browning moved that an ordinance introduced July 28, 2003,
entitled and reading as follows, be taken up and enacted:

                                         O-12

AN ORDINANCE TO VACATE A PORTION OF OWEN STREET LYING BETWEEN
EUCLID STREET AND GAREY STREET, LOCATED IN HOYT’S SUBDIVISION OF
THE JAMES RILEY RESERVE, AND TO RETAIN THEREIN AN EASEMENT FOR
PUBLIC UTILITIES, CABLE TV AND TELECOMMUNICATIONS TO BE ADDED TO
THE TABLE OF SPECIAL ORDINANCE II.

The City of Saginaw Ordains:
          Section 1. That Owen Street lying north of Euclid Street, abutting Lots A and
B in Lot 39, Hoyt’s Subdivision of the James Riley Reserve, be and same is hereby
vacated.
          Section 2. That there is hereby reserved in the street vacated an easement for
public utilities, cable TV and telecommunications to the same extent as though said
street had not been vacated and no structure shall hereafter be erected thereon without
the prior written consent of the City of Saginaw.
          Section 3. The Street vacation will come into effect at an appropriate time
after Central Michigan Railway modernizes the railroad signals and crossing protection
on Jefferson Avenue between Garey and Euclid Streets to allow for the conversion from
one-way traffic to two-way traffic.
          Section 4. The official map of the City of Saginaw is hereby amended
accordingly.
          Section 5. This ordinance shall take effect on September 4, 2003.
          Enacted: August 25, 2003.
          Adopted unanimously.

                                   RESOLUTIONS
         Councilman Browning offered and moved adoption of the following resolution:
A RESOLUTION TO AMEND THE BROWNFIELD PLAN FOR THE CITY OF
SAGINAW, MICHIGAN TO INCLUDE CINDERELLA INC., 1215 S. JEFFERSON
AVENUE, IN COMPLIANCE WITH THE PROVISIONS OF ACT 381, PUBLIC ACTS OF
1996, AS AMENDED BY ACT 145, PUBLIC ACTS OF 2000.
         WHEREAS, the Saginaw City Council approved a resolution on September 29,
1997 creating a Brownfield Redevelopment Authority and designated the boundaries of
the Brownfield Redevelopment Zone; and
         WHEREAS, the Saginaw City Council approved a resolution on May 17,1999
adopting a development plan for the Brownfield Redevelopment Zone which complies
with the provisions of Act 381 of Public Acts of 1996; and
         WHEREAS, on July 24, 2003, the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Redevelopment Zone Development Plan to
include Brownfield Plan Project No. 18 – Cinderella Inc., 1215 S. Jefferson Avenue,
which complies with the provisions of Act 381 of Public Acts of 1996, as amended by
318                          AUGUST 25, 2003

Act 145 of Public Acts of 2000; and
           WHEREAS, a public hearing notice on the proposed amendment was
published in the Saginaw News on August 4, 2003 and again on August 5, 2003, and
all taxing jurisdictions were notified of the hearing on the plan amendment; and
           WHEREAS, the amended Brownfield Plan constitutes a public purpose and
eligible activities provided in the amended plan are feasible and the cost of the eligible
activities is reasonable to carry out the purposes of the Act.
           NOW, THEREFORE, BE IT RESOLVED, that the Saginaw City Council does
hereby approve the twelfth amendment to the Development Plan for the City of
Saginaw Brownfield Redevelopment Zone to include Brownfield Plan Project No. 18,
Cinderella Inc., 1215 S. Jefferson Avenue.
           Adopted unanimously.

           Councilman Haynes offered and moved adoption of the following resolution:
A RESOLUTION TO AMEND THE BROWNFIELD PLAN FOR THE CITY OF
SAGINAW, MICHIGAN TO INCLUDE GARB-KO INC. (7-ELEVEN), 1400 COURT
STREET, IN COMPLIANCE WITH THE PROVISIONS OF ACT 381, PUBLIC ACTS OF
1996 AND AS AMENDED BY ACT 145, PUBLIC ACTS OF 2000.
           WHEREAS, the Saginaw City Council approved a resolution on September 29,
1997 creating a Brownfield Redevelopment Authority and designated the boundaries of
the Brownfield Redevelopment Zone; and
           WHEREAS, the Saginaw City Council approved a resolution on May 17,1999
adopting a development plan for the Brownfield Redevelopment Zone which complies
with the provisions of Act 381 of Public Acts of 1996; and
           WHEREAS, on July 24, 2003, the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Redevelopment Zone Development Plan to
include Brownfield Plan Project No. 19 – Garb-Ko, Inc. (7-Eleven), 1400 Court Street,
which complies with the provisions of Act 381 of Public Acts of 1996 and as amended
by Act 145 of Public Acts of 2000; and
           WHEREAS, a public hearing notice on the proposed amendment was
published in the Saginaw News on August 4, 2003 and again on August 5, 2003, and
all taxing jurisdictions were notified of the hearing on the plan amendment; and
           WHEREAS, the amended Brownfield Plan constitutes a public purpose and
eligible activities provided in the amended plan are feasible and the cost of the eligible
activities is reasonable to carry out the purposes of the Act.
           NOW, THEREFORE, BE IT RESOLVED, that the Saginaw City Council does
hereby approve the thirteenth amendment to the Development Plan for the City of
Saginaw Brownfield Redevelopment Zone to include Brownfield Plan Project No. 19,
Garb-Ko, Inc. (7-Eleven), 1400 Court Street.
           Adopted unanimously.

        Councilman Browning offered and moved adoption of the following resolution:
A RESOLUTION TO AMEND THE BROWNFIELD PLAN FOR THE CITY OF
SAGINAW, MICHIGAN TO INCLUDE GARB-KO, INC., (7-ELEVEN), 2032 BAY
STREET, IN COMPLIANCE WITH THE PROVISIONS OF ACT 381, PUBLIC ACTS OF
1996, AS AMENDED BY ACT 145, PUBLIC ACTS OF 2000.
                              AUGUST 25, 2003                                       319

        WHEREAS, the Saginaw City Council approved a resolution on September 29,
1997 creating a Brownfield Redevelopment Authority and designated the boundaries of
the Brownfield Redevelopment Zone; and

           WHEREAS, the Saginaw City Council approved a resolution on May 17,1999
adopting a development plan for the Brownfield Redevelopment Zone which complies
with the provisions of Act 381 of Public Acts of 1996; and
           WHEREAS, on July 24, 2003, the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Redevelopment Zone Development Plan to
include Brownfield Plan Project No. 20 – Garb-Ko, Inc. (7-Eleven), 2032 Bay Street,
which complies with the provisions of Act 381 of Public Acts of 1996 and as amended
by Act 145 of Public Acts of 2000; and
           WHEREAS, a public hearing notice on the proposed amendment was
published in the Saginaw News on August 4, 2003 and again on August 5, 2003, and
all taxing jurisdictions were notified of the hearing on the plan amendment; and
           WHEREAS, the amended Brownfield Plan constitutes a public purpose and
eligible activities provided in the amended plan are feasible and the cost of the eligible
activities is reasonable to carry out the purposes of the Act.
           NOW, THEREFORE, BE IT RESOLVED, that the Saginaw City Council does
hereby approve the fourteenth amendment to the Development Plan for the City of
Saginaw Brownfield Redevelopment Zone to include Brownfield Plan Project No. 20,
Garb-Ko, Inc. (7-Eleven) 2032 Bay Street.
           Adopted unanimously.

          Councilman Coleman offered and moved adoption of the following resolution:
A RESOLUTION TO AMEND THE BROWNFIELD PLAN FOR THE CITY OF
SAGINAW, MICHIGAN TO INCLUDE THE NODULAR IRON REDEVELOPMENT
PROJECT, 2100 VETERAN’S MEMORIAL PARKWAY, IN COMPLIANCE WITH THE
PROVISIONS OF ACT 381, PUBLIC ACTS OF 1996 AND AS AMENDED BY ACT 145,
PUBLIC ACTS OF 2000.
          WHEREAS, the Saginaw City Council approved a resolution on September 29,
1997 creating a Brownfield Redevelopment Authority and designated the boundaries of
the Brownfield Redevelopment Zone; and
          WHEREAS, the Saginaw City Council approved a resolution on May 17,1999
adopting a development plan for the Brownfield Redevelopment Zone which complies
with the provisions of Act 381 of Public Acts of 1996; and
          WHEREAS, on July 30, 2003, the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Redevelopment Zone Development Plan to
include Brownfield Plan Project No. 21 – Nodular Iron Redevelopment Project, 2100
Veterans Memorial Parkway, which complies with the provisions of Act 381 of Public
Acts of 1996 and as amended by Act 145 of Public Acts of 2000; and
          WHEREAS, a public hearing notice on the proposed amendment was
published in the Saginaw News on August 4, 2003 and again on August 5, 2003, and
all taxing jurisdictions were notified of the hearing on the plan amendment; and
          WHEREAS, the amended Brownfield Plan constitutes a public purpose and
eligible activities provided in the amended plan are feasible and the cost of the eligible
320                          AUGUST 25, 2003

activities is reasonable to carry out the purposes of the Act.
           NOW, THEREFORE, BE IT RESOLVED, that the Saginaw City Council does
hereby approve the fifteenth amendment to the Development Plan for the City of
Saginaw Brownfield Redevelopment Zone to include Brownfield Plan Project No. 21,
Nodular Iron Redevelopment Project, 2100 Veterans Memorial Parkway.
           Adopted unanimously.

           Councilman Haynes offered and moved adoption of the following resolution:
A RESOLUTION TO AMEND THE BROWNFIELD PLAN FOR THE CITY OF
SAGINAW, MICHIGAN TO INCLUDE SAINT MARY’S HOSPITAL, 800 S.
WASHINGTON AVENUE, IN COMPLIANCE WITH THE PROVISIONS OF ACT 381,
PUBLIC ACTS OF 1996, AS AMENDED BY ACT 145, PUBLIC ACTS OF 2000.
           WHEREAS, the Saginaw City Council approved a resolution on September 29,
1997 creating a Brownfield Redevelopment Authority and designated the boundaries of
the Brownfield Redevelopment Zone; and
           WHEREAS, the Saginaw City Council approved a resolution on May 17,1999
adopting a development plan for the Brownfield Redevelopment Zone which complies
with the provisions of Act 381 of Public Acts of 1996; and
           WHEREAS, on July 24, 2003, the Brownfield Redevelopment Authority
approved an amendment to the Brownfield Redevelopment Zone Development Plan to
include Brownfield Plan Project No. 17 – Saint Mary’s Hospital, 800 S. Washington
Avenue, which complies with the provisions of Act 381 of Public Acts of 1996 and as
amended by Act 145 of Public Acts of 2000; and
           WHEREAS, a public hearing notice on the proposed amendment was
published in The Saginaw News on August 4, 2003 and again on August 5, 2003, and
all taxing jurisdictions were notified of the hearing on the plan amendment; and
           WHEREAS, the amended Brownfield Plan constitutes a public purpose and
eligible activities provided in the amended plan are feasible and the cost of the eligible
activities is reasonable to carry out the purposes of the Act.
           NOW, THEREFORE, BE IT RESOLVED, that the Saginaw City Council does
hereby approve the eleventh amendment to the Development Plan for the City of
Saginaw Brownfield Redevelopment Zone to include Brownfield Plan Project No. 17,
Saint Mary’s Hospital, 800 S. Washington Avenue.
           Adopted unanimously.

          Councilman Soza offered and moved adoption of the following resolution:
          WHEREAS, the City of Saginaw has a duty to provide for the safety of its
citizens; and
          WHEREAS, severe fires have occurred resulting in structures that pose a
public safety hazard; and
          WHEREAS, it is necessary to demolish these structures to safeguard the
welfare of the general public.
          NOW, THEREFORE, BE IT RESOLVED, that the City of Saginaw FY 2003-04
Budget be amended to transfer $50,000 from 101-9660-771-8702 Transfer to Capital
Projects Fund account to 101-3865-761-8025 Demolitions account to provide funding
for emergency demolitions. And the corresponding amendment in the Capital Projects
                             AUGUST 25, 2003                                      321

Fund will result in a $50,000 reduction in 401-0000-691-6901 Transfer from the General
Fund and a decrease of $50,000 in 401-9010-901-9731 Buildings & Improvements.
          Adopted unanimously.

         Councilwoman Cottrell offered and moved adoption of the following resolution:
         WHEREAS, the City of Saginaw by City Council approval, has entered into
several grant agreements with the State of Michigan for development of its riverfront,
specifically, the Michigan Department of Natural Resources Boating Access Site
Acquisition and Development Grant, the Michigan Natural Resources Trust Fund
Project Agreement for the Westside Riverfront Park Development, the Arts Cultural and
Quality of Life Dredging Grant and the Michigan Department of Natural Resources GM
Settlement Grant; and
         WHEREAS, from time to time during the life of these grants, amendments to
the grants are necessary including, but not limited to, extending the completion date of
the project or changing the scope of the project; and
         WHEREAS, City Council deems it to be in the best interest of the City to
authorize the City Manager or her designee, to execute these amendments on behalf of
the City without having each amendment brought back for separate City Council
approval.
         NOW THEREFORE, BE IT RESOLVED, that the Saginaw City Council does
hereby authorize the City Manager, or her designee, to execute any and all
amendments to the following grants for riverfront development: Michigan Department
of Natural Resources Boating Access Site Acquisition and Development Grant,
Michigan Natural Resources Trust Fund Project Agreement for the Westside Riverfront
Park Development, Arts Cultural and Quality of Life Dredging Grant, and the Michigan
Department of Natural Resources GM Settlement Grant, excluding however, any
amendments that would authorize the use of additional City funds for the projects.
         Adopted unanimously.

                          UNFINISHED BUSINESS
        Councilman Coleman moved the Rules of Order of the Council of the City of
Saginaw be amended by the addition of proposed Council Rule 16a.
        Adopted unanimously.

                  MOTIONS AND MISCELLANEOUS BUSINESS
         There was discussion on filling the current Council vacancy in accordance with
the City Charter and Rules of Order of the Council of the City of Saginaw, Amended
2003.
         Councilman Coulouris moved to have 10-minute interviews with each
candidate.
         Adopted by the following vote:
         Ayes: Councilpersons Browning, Coleman, Cottrell, Coulouris, Soza, and
Mayor Ham -6.
         Nays: Councilpersons Haynes and Thurin-2.
322                       AUGUST 25, 2003

        Councilman Coleman moved to appoint a committee to draft oral interview
questions and of that committee one person perform reference checks.
        Adopted unanimously.
        Councilpersons Cottell, Coulouris and Thurin agreed to serve as the
committee.
        Councilman Coleman moved that the Committee of the Whole begin at 5:30
p.m. and a Special Meeting to follow at 7:00 p.m. on Wednesday, August 27, 2003.
        Adopted unanimously.

On motion the Council adjourned.



Yolanda S. Olgine
City Clerk

				
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