October 4, 1999

 

A regular meeting of the City Council was held on Monday, October 4, 1999, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:  Drummond Black, John Coppage, John Moolenaar, John Tysse,  Marty      Wazbinski

Councilmen absent:    None

 

Minutes                                             

Approval of the minutes of the September 20, 1999 special and regular meeting was offered by Councilman Coppage and seconded by Councilman Tysse.  (Motion adopted.)

 

Report – Sewer System Phase 3 Proposal

Selina Tisdale, Community Relations Coordinator, presented results from the City’s initiatives to gather citizen comments on the HRC July ’99 proposal to improve Midland’s Sanitary Sewer System.  The following resolution then was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the report on citizen comments regarding the HRC July ‘99 proposal to improve Midland’s Sanitary Sewer System be accepted and filed for public review at the City Clerk’s Office and at the Government Information Center at the Grace A. Dow Memorial Library.  (Motion adopted.)

 

Community-Wide Survey on HRC July ’99 Sanitary Sewer Proposal

Selina Tisdale, Community Relations Coordinator, introduced Dr. Mary Senter from the Center for Applied Research and Rural Studies (CARRS) who has been retained by the City to conduct a telephone survey concerning the HRC Phase 3 proposal.  Dr. Senter gave an overview of the survey instrument and responded to questions from Council.  Patrick Graham, 518 Sandow Road, questioned Council reviewing the recommendations of the professionals, the need for additional questions unrelated to the sewer proposal, and the time it will take to complete the survey by respondents.

 

“Get Caught” Campaign

Barbara Panian, Washington Woods Senior Housing Manager, presented information regarding a new employee safety program entitled “Get Caught” in which citizens and city employees are encouraged to notify the City if they see city employees in the act of working safely.  A short videotape of a public service announcement explaining the program was shown and will be cable cast on MGTV Channel 5.  In addition, advertisements in the Midland Daily News will depict city employees in the form of a Wanted Poster asking citizens to catch city employees working safely.

 

Fire Prevention Week

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 3 – 9, 1999, as FIRE PREVENTION WEEK in Midland.  (Motion adopted.)

 

Society of Manufacturing Engineering Days

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating October 22-24, 1999, as Society of Manufacturing Engineering Days in Midland.  (Motion adopted.)

 

99 Huntley, Laughton and Welch Water Main Special Assessment Roll

Diane Dryzga, City Assessor, presented information regarding the Huntley, Laughton and Welch Water Main Improvement project.  A public hearing was conducted.  Patrick Graham, 518 Sandow Road, objected to his assessment on Welch Drive because he is already paying a special assessment on the same piece of property fronting on Sandow Road.  Mr. Graham submitted his objection in writing.  John Benedict, 55 Huntley Lane, spoke in favor of the improvement.  Harriet Boulis, 20 Welch Drive, spoke in favor of the improvement and wanted to know how long she would have to pay and what the total amount is.  The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of water main improvements on the "1999 HUNTLEY, LAUGHTON AND WELCH WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and


RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and


RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $24,104.35 and that the total estimated cost of said improvements is $51,500.00, and the City at large cost is $27,395.65; and


RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2000, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and


RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and


RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and


RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

99 Huntley, Laughton and Welch Water Mains; Contract No. 19

Brian McManus, City Engineer, presented information regarding the construction contract for the Huntley, Laughton and Welch Water Main Improvement project.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:


WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of water mains on Huntley Lane, Laughton Drive and Welch Drive; and


WHEREAS, funding for this project is provided by Special Assessments and the Water Fund (Project No. WD0001); now therefore


RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "1999 Huntley, Laughton & Welch Water Mains; Contract No. 19", in the indicated amount of $33,460.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and


RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000.  (Motion adopted.)

 

Budget Amendment – 1999/2000 Budgets and Financial Working Plans

Debbie Mol, City Controller, presented information regarding the 1998-99 encumbrances from the various funds that are involved in the 1999-2000 budget amendment.  A public hearing was conducted, no comments were made, the hearing closed.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:


WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, September 20, 1999, on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund and the Downtown Development Authority Fund for the 1999-2000 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Parking System Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund and the Service Center Rental Fund for the 1999-2000 fiscal year in order to provide funding for June 30, 1999 encumbrances;  now therefore


RESOLVED, that the 1999-2000 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

City Council                                                                                $                 1,000

Attorney                                                                                                            800

Clerk/Treasurer                                                                                           19,487

City Hall                                                                                                       59,049

Miscellaneous Activities                                                                                9,400

Police Administration                                                                                    1,477

Police Crossing Guards                                                                                  372

Fire Administration                                                                                      18,375

Fire Fighting                                                                                             163,120

Fire Maintenance                                                                                             741

Engineering                                                                                                   6,550

Sidewalk Maintenance                                                                                15,320

Recreation                                                                                                    1,971

Civic Arena                                                                                                  14,630

Plymouth Park Pool                                                                                     2,500

Stratford Woods Park                                                                                 27,500

Risk Management and Loss Control                                                          21,217

Tax Appeals                                                                                           1,664,221

Barstow Airport                                                                                           31,603

Total General Fund                                                                    $          2,059,333

Major Street Fund

Engineering                                                                                $                5,096

Traffic Services                                                                                             3,046

Total Major Street Fund                                                             $                 8,142

Local Street Fund

Engineering                                                                                $                    291

Grace A. Dow Memorial Library Fund                                                                                   

Operations                                                                                 $               87,217

Investment in Assets                                                                                148,835

Total Grace A. Dow Memorial Library Fund                              $             236,052

Cable Communications Fund

Operations                                                                                 $                 4,353

Downtown Development Authority Fund

Investment in Assets                                                                 $                 1,550

Landfill Fund

Operations                                                                                 $               38,858

Investment in Assets                                                                               196,103

Total Landfill Fund                                                                      $             234,961

Washington Woods Fund

Operations                                                                                 $                 3,863

Investment in Assets                                                                                   2,173

Total Washington Woods Fund                                                 $                 6,036

Riverside Place Fund

Operations                                                                                 $                 2,189

Investment in Assets                                                                                 38,600

Total Riverside Place Fund                                                       $               40,789

Golf Course Fund

Investment in Assets                                                                 $               46,907

Parking System Fund

Operations                                                                                 $                 2,239

Investment in Asset                                                                                      9,550

Total Parking System Fund                                                       $               11,789

Wastewater Fund

Residuals Processing                                                               $                 3,715

Digester Operations                                                                                     1,191

Pump Station Maintenance                                                                           0,493

Storm Sewer Maintenance                                                                        32,000

Residual Process Maintenance                                                                       495

Sanitary Sewer Repair                                                                               32,200

Investment in Assets                                                                                211,888

Total Wastewater Fund                                                             $             291,982

Water Fund

Plant Operations – Common                                                     $                 2,098

Plant Maintenance - Domestic                                                                   29,365

Plant Maintenance – Common Consumption                                            11,040

Plant Maintenance – Common                                                                     5,132  

Valley Pump Station                                                                                    10,500

Water Distribution – Customer Service                                                          400

Water Distribution – Tower Maintenance                                                 120,000

Water Distribution – Main Maintenance                                                        5,285

Water Distribution - Vehicles                                                                           300

Safety                                                                                                            1,156

Investment in Assets                                                                               424,462

Total Water Fund                                                                       $             609,738

Data Processing Operations Fund

Operations                                                                                 $               56,635

Investment in Assets                                                                                 66,000

Total Data Processing Operations Fund                                   $             122,635

Equipment Revolving Fund

Operations                                                                                 $                 2,013

Investment in Assets                                                                               178,100

Total Equipment Revolving Fund                                               $             180,113

Service Center Rental Fund

Investment in Assets                                                                 $               75,466

(Motion adopted.)

 

IFT – Midland Mold and Machining

Diane Dryzga, City Assessor, presented information regarding the request for an Industrial Facilities Exemption Certificate from Midland Mold and Machining, Inc.  Lynwood Barnard, President of Midland Mold and Machining, Inc., gave an overview of the company.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in favor of the request on behalf of the MEDC.  The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:


WHEREAS, the Tri-City Plastics Industrial Development District No. 1 was established by resolution of the Midland City Council on April 18, 1977; and


WHEREAS, Midland Mold & Machining, Inc. made an application dated August 27, 1999, which was received by the City Clerk on August 27, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and


WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $122,827.67, which is personal property and with the same being located within the Tri-City Plastics Industrial Park Industrial Development District No. 1 and this project will provide for new automated machinery and equipment to increase the competitive and growth potential in the molding, manufacturing, fabrication and research and development areas; and


WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 4, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and


WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district or an industrial rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate; that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district or an industrial plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore


RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Midland Mold & Machining, Inc. considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and


RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Midland Mold & Machining, Inc. for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years; and


RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Midland Mold & Machining, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

Dow Chemical IFT Applications

Diane Dryzga, City Assessor, presented information on four requests for Industrial Facilities Exemption Certificates from The Dow Chemical Company.  A public hearing was conducted.  Vince Smith, General Manager of the Michigan Division of The Dow Chemical Company, gave a summary of the four projects.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in favor of the request on behalf of the MEDC.  The following four resolutions were then presented for consideration.

 

IFT – Dow Chemical (DRYTECH)

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


WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and 


WHEREAS, The Dow Chemical Company made an application dated September 10, 1999, which was received by the City Clerk on September 10, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and


WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $1,580,000 and is to expand the capacity of the Midland DRYTECH Plant by installing a new higher capacity drying machine, gel distributor and related machinery and equipment with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and


WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 4, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and


WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore


RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and


RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and


RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

IFT – Dow Chemical (Sevalamer Hydrochloride)

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


WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and 


WHEREAS, The Dow Chemical Company made an application dated September 10, 1999, which was received by the City Clerk on September 10, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and


WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $4,200,000 and is to expand the capacity of a facility which produces Sevalamer Hydrochloride by construction of a building addition and installation of a recycle system, process equipment, vessels, electrical and instrumentation with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and


WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 4, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and


WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore


RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and


RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and


RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

IFT – Dow Chemical (Saran Polymers Plant)

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


WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and 


WHEREAS, The Dow Chemical Company made an application dated September 10, 1999, which was received by the City Clerk on September 10, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and


WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $1,600,000 and will result in the ability to supply an improved resin within the Saran Polymers Plant by construction of a new 1200 square foot building along with new equipment, storage tanks, piping, process control system and related electrical and instrumentation with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and


WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 4, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and


WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore


RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and


RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and


RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

IFT – Dow Chemical (Foam)

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


WHEREAS, The Dow Chemical Company Industrial Development District No. 2 was established by resolution of the Midland City Council on July 15, 1996; and   


WHEREAS, The Dow Chemical Company made an application dated September 10, 1999, which was received by the City Clerk on September 10, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and


WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $1,420,000 and is to make operational a pilot plant for foam extrusion research and development by installing new equipment along with piping, process control system and related electrical with the same being located within The Dow Chemical Company Industrial Development District No. 2; and


WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 4, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and


WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established Industrial Development district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore


RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and


RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within The Dow Chemical Company Industrial Development District No. 2 be and the same is hereby approved for a period of 12 years; and


RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

PUBLIC COMMENTS

Colleen Fulks, 2705 Whitewood Drive, read a statement regarding the MCTV Volunteers Honor Night and criticized City Council for not recognizing the volunteers.

 

Site Plan No. 184 – Homestead Estates

James Schroeder, Director of Planning and Community Development, presented information regarding Site Plan No. 184.  Matt Rapanos, 925 E. Wheeler and developer of Site Plan No. 184, thanked City Manager Karl Tomion and Director of Utilities Noel Bush for resolving this matter so quickly.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:


WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 184, the request of Jerry Schafer, on behalf of Matt Rapanos of Triton Builders, for site plan review and approval of Homestead Estates, a site condominium development of nine sites on 5.44 acres on the east side of Foster Road north of East Wheeler Street, conditioned upon changes made in accord with the Fire Department’s recommendations; and 


WHEREAS, the City Council has reviewed the proposed Site Plan No. 184, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; and


WHEREAS, the developer has amended the site plan to show the easement for a future sewer connection and to expand the T-turnaround; now therefore


RESOLVED, that the City Council does hereby approve Site Plan No. 184, in accord with the drawing dated September 17, 1999, conditioned upon the developer installing a sewage lift station at his cost, in accord with specifications of the City Engineering Department, with the City then assuming responsibility for ongoing operation and maintenance.  (Motion adopted.)

 

Drinking Water Quality Report

Noel Bush, Director of Utilities, presented information regarding the first annual Drinking Water Quality Report.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:


RESOLVED, that the first of annual Drinking Water Quality Reports be received and filed in the office of the City Clerk.  (Motion adopted.)

 

TCO D-99-01

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. D-99-01 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic control at the intersection of James Savage Road and Waldo Avenue be regulated by an electronic traffic signal that operates on full color from 6:00 a.m. to 11:00 p.m. daily, and on four way flash from 11:00 p.m. to 6:00 a.m.

is hereby made permanent.  (Motion adopted.)

 

TCO P-99-06

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. P-99-06 filed August 3, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Waldo Avenue from Bay City Road to 250 feet south of Patrick Road.

is hereby made permanent.  (Motion adopted.)

 

TCO S-99-02

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. S-99-02 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That West Allen Street shall yield to Noeske Street.

is hereby made permanent.  (Motion adopted.)

 

TCO S-99-03

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. S-99-03 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Universal Drive shall yield to Hedgewood Drive.

is hereby made permanent.  (Motion adopted.)

 

TCO S-99-05

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. S-99-05 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That eastbound Whispering Oak Drive shall yield to Whispering Oak Circle and southbound Whispering Oak Drive.

is hereby made permanent.  (Motion adopted.)

 

TCO S-99-06

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. S-99-06 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Pondview Circle shall yield to Pondview Drive and Copper Ridge Court.

is hereby made permanent.  (Motion adopted.)

 

TCO S-99-07

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. S-99-07 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Chippewassee Trail shall stop for Vance Road.

is hereby made permanent.  (Motion adopted.)

 

TCO S-99-08

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that Traffic Control Order No. S-99-08 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic from Currie West #21 softball diamond driveway shall stop for Forest Street.

is hereby made permanent.  (Motion adopted.)

 

Financial Grant – Time Lapse Video Player

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


WHEREAS, the City of Midland Police Department Detective Unit has need for a time lapse video player in order to assist in criminal investigations; and


WHEREAS, Target Stores has awarded an $825.00 grant to the Midland Police Depart- ment for the purchase of a “Time Lapse Video Player” in order to assist the Detective Unit with their investigations; now therefore


RESOLVED, that the City of Midland graciously accepts the grant from Target Stores; and


RESOLVED FURTHER, that said $825.00 grant shall be used to increase the 1999-2000 Police Department Detective Bureau capital outlay budget, and that a purchase order for a time lapse video player system is hereby authorized.  (Motion adopted.)

 

Sanitary Sewer Easements – Isabella Street

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


RESOLVED, that the attached Sanitary Sewer Easements from George D. & Alice J. Lyons and Brian J. & Daisy M. McQuiston, to the City of Midland, for easements to construct a new Sanitary Sewer, in Section 19, T. 14 N., R. 2 E., are hereby accepted and that the Sanitary Sewer Easements are ordered recorded.  (Motion adopted.)

 

99 Isabella Sanitary Sewer Improvements; Contract No. 12

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of sanitary sewers on the south side of Isabella Road from 400 feet east of Vance to 700 feet east of Vance and across Isabella Road at 200 feet west from Currie Parkway; and


WHEREAS, funding for this project is provided by Special Assessments and the Wastewater Fund (Project No. SW0002 and SW0003); now therefore


RESOLVED, that the low sealed proposal submitted by The Isabella Corporation of Mt. Pleasant, Michigan, for the "1999 Isabella Sanitary Sewer Improvements; Contract No. 12", in the indicated amount of $43,340.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and


RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000.  (Motion adopted.)

 

13 Mobile Workstations – Police Department

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


WHEREAS, the City of Midland Police Department is in need of thirteen (13) Mobile Workstations to be installed in the department patrol vehicles; and


WHEREAS, funding for said purchase is included in the Police Patrol Bureau activity of the 1999-2000 General Fund budget, account number 101-3040-711.97-40; now therefore


RESOLVED, that the requirement of sealed proposals is hereby waived as impractical and that the Motorola, Inc. proposal to provide thirteen (13) Mobile Workstations 520 for an amount not to exceed $103,168.00 be hereby accepted, and a purchase order is authorized.  (Motion adopted.)

 

Environmental Monitoring Contract – Landfill

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


WHEREAS, sealed bids for a two year Environmental Monitoring Contract – Landfill, Bid No. 2326 have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and


WHEREAS, the City Administration has reported sufficient funds are available in Landfill Testing Fund - #517-8110-811.81-04, now therefore,


RESOLVED, that the low bid submitted by NTH Consultants, LTD, of Farmington Hills, Michigan in the amount of $52,270 for a two year environmental monitoring contract with a 3% annual fee escalator for the addition of up to three years is hereby accepted and a purchase order is authorized.  (Motion adopted.)

 

Articulated Wheel Loader Lease – Landfill

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


WHEREAS, sealed bids for the five-year lease of one (1) articulated wheel loader – Landfill, Bid No. 2327, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and


WHEREAS, the City Administration has reported sufficient funds are available in Landfill Equipment Rental –Outside Fund #517-8110-811.94-11; now therefore


RESOLVED, that the qualifying bid proposal submitted by Midland Engine of Midland, Michigan in the amount of $18,629.95 per year ($93,149.75 total lease) is hereby accepted and a purchase order for annual lease payments is authorized; and


RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the lease agreement subject to approval by the City Attorney.  (Motion adopted.)

 

Proposed 98-99 Water Fund Budget Amendment

The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:


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, October 18, 1999, in the Council Chambers of City Hall on the proposal to amend the 1998-99 Water Fund budget to increase revenues from sale of industrial water by $32,000 and to increase appropriations for Water Treatment Plant Maintenance - Industrial by $32,000.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:20 p.m.

 

                                                                              _____________________________________

                                                                              John E. Duso, Deputy City Clerk