REGULAR MEETING OF THE MIDLAND CITY COUNCIL

City Hall, 333 W. Ellsworth Street, Midland, Michigan

October 8, 2001 7:00 p.m.

AGENDA

CALL TO ORDER - R. Drummond Black, Mayor

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL - R. Drummond Black

John S. Coppage

Mary C. Currie

Hollis H. McKeag (excused)

Marty A. Wazbinski

CONSIDERATION OF ADOPTING CONSENT AGENDA ITEMS:

All resolutions marked with an asterisk are considered to be routine and will be enacted by one motion. There will be no separate consideration of these items unless a Council member or citizen so requests during the discussion stage of the “Motion to adopt the Consent Agenda as indicated”. If there is even a single request the item will be removed from the consent agenda without further motion and considered in its listed sequence in regular fashion.

APPROVAL OF MINUTES:

* 1. Approve minutes of September 17 regular City Council meeting. KOVACEVICH

PROCLAMATIONS, AWARDS, RECOGNITIONS:

* 2. Recognition of 14 local attorneys upon their 45 plus years of service to the legal profession. DUSO

PUBLIC HEARINGS:

3. Request by McKay Press, Inc. to establish a Plant Rehabilitation District for property located at 215 State Street. (Also see material sent in September 17 agenda packet.) PAUL

4. 2001 Bogel Drive Improvement Special Assessment District:

a. Public Hearing of Necessity. (Also see material sent in September 17 agenda packet.) MCMANUS

b. Accept special assessment roll and set public hearing on the roll (10/22). PAUL

5. Amendment to the 2001-02 City budgets and financial working plans to provide funding for June 30, 2001 encumbrances. (Also see material sent in September 10 agenda packet.) KEENAN

6. Amendment to the 2001-02 budget of the Equipment Revolving Fund to recognize unanticipated revenues from Federal and State grants and provide additional appropriations for the purchase of a bus. (Also see material sent in September 10 agenda packet.) MCGUIRE

PUBLIC COMMENTS, IF ANY, BEFORE CITY COUNCIL. (Please sign up before meeting with City Clerk)

Request from Bill Johnson to address the City Council on the E. Ashman Street construction.

ORDINANCE AMENDMENTS:

7. Second reading and adoption of an ordinance amending:

a. Section 22-2 of Article I of Chapter 22 of the Midland Code of Ordinances to provide for proper placement of Reflective Address Signs. BRANSON

b. Section 34-5 of Chapter 34 of the Midland Code of Ordinances to include violations of Section 22-2 of Article I of Chapter 22 as civil infraction violations. BRANSON

RESOLUTIONS:

8. Reporting Findings of Fact for the B. B. Banucks Liquor License. DUSO

9. Directing the City Manager to notify prospective applicants of the additional liquor license available for issue, request input on the application evaluation component of the process, develop a process for application and evaluation of proposals, prepare a timeline for the process and submit a report on these items at the December 3, 2001 City Council meeting. DUSO

* 10. Approving annexation of Lot 1 of Oakbrook Estates (the northeast corner of Oakbrook Drive and North Jefferson Road) and Lot 14 of Oakbrook Estates (the southeast corner of Oakbrook Drive and North Jefferson Road) from Larkin Township, through the joint resolution process. LYNCH

11. Approving Site Plan No. 208 for an addition to an existing storage facility, with the construction of five new buildings, each of 5,600 square feet, on 1.88 acres on the north side of West Wackerly Street west of Dublin Avenue. LYNCH

* 12. Approving extension of time for completion of sidewalk in Scenic Estates No. 5. LYNCH

* 13. Extending the “Three Free” fee waiver for yard waste collection. MCGUIRE

* 14. Accepting Sam Liberto’s resignation from the Planning Commission. LYNCH

15. Making appointments to boards and commissions:

a. Planning Commission. DUSO

b. Local Officers Compensation Commission. DUSO

* 16. Making Traffic Control Order S-01-03 permanent – that Cambridge Street yield to Boston Street. MCMANUS

* 17. Establishing the 2002 regular meeting dates for the Midland City Council. DUSO

18. Considering purchases and contracts:

* a. Purchase Agreement for the sale of a C.H.O.I.C.E. house at 213 Bradley Court. LYNCH

* b. Articulated Loader/Tool Carrier – DPS. MCGUIRE

* c. Payment to the appraisal firm of Terzo & Bologna, Inc. for contracted appraisal services in the defense of the assessment appeal by The Dow Chemical Company regarding three separate parcels. BRANSON

19. Setting public hearings:

* a. Request from Precision Torque Control, Inc. for the transfer of existing certificate number 2000-035 from Mason-Loomis Industrial Electric to Precision Torque Control, Inc. The request is the result of the building at 220 Arrow Cove being purchased by Brusin, LLC on June 1, 2001 and being leased to Precision Torque Control, Inc. (10/22). PAUL

* b. Request from The Dow Chemical Company for the transfer of existing certificate number 93-256 from Marion Merrell Dow, Inc. to The Dow Chemical Company. The request is the result of assets of Marion Merrell Dow, Inc. having been acquired by The Dow Chemical Company (10/22). PAUL

* c. Request from Quebecor World Pendell, Inc. for an industrial facilities exemption certificate within the Third Expanded Pendell Printing Industrial Development District No. 1 relating to new machinery and equipment. The facility is intended to provide for upgrading with current technology to increase efficiencies, improve competitiveness and protect market base (10/22). PAUL

d. Request from The Dow Chemical Company for two industrial facilities exemption certificates within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to two new facilities (10/22): PAUL

* 1. This project will replace the existing 703 incinerator which is forty years old and 803 incinerator with a new Maximum Achievable Control Technology (MACT) compliant 130 MM BTU/hr system. The estimated cost for this new facility is $60,000,000.

* 2. This project will install additional equipment including storage tanks, pumps, filtration equipment, and piping necessary to expand capacity of the plant that produces Sevalamer Hydrochloride which is the bulk active ingredient in the drug, Renagel, to provide for growth in the demand for this product. The estimated cost for this new facility is $1,100,000.

* e. Amendment to the 2001-02 Community Development Block Grant (CDBG) budget (10/22). LYNCH

* f. Amendment to the 2001-02 Sanitary Landfill Fund budget to increase revenues from working capital and to increase appropriations for the Sanitary Landfill Fund – Cells 9-13 Leachate and Gas Collection System (10/22). BUSH

NEW BUSINESS:

TO CONTACT THE CITY WITH QUESTIONS OR FOR ADDITIONAL INFORMATION:

Citizen Comment Line: 837-3400

City of Midland website address: www.midland-mi.org

City of Midland email address: cityhall@midland-mi.org

Government Information Center: located near the reference desk at the Grace A. Dow Memorial Library