October 9, 2000

 

A regular meeting of the City Council was held on Monday, October 9, 2000, 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.

 

Council members present:

Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the September 25, 2000 regular meeting was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

SAVE DAY in Midland

Selina Tisdale, Community Relations Coordinator, introduced Tina Holtz, Immediate Past President of the Midland County Medical Society Alliance.  Tina Holtz requested that Council proclaim October 11, 2000, as SAVE DAY in Midland.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating October 11, 2000, as SAVE DAY in Midland.  (Motion adopted.)  Mayor Black presented Tina Holtz with the proclamation.

 

US-10/Bay City Road Interchange Detour Update

Selina Tisdale, Community Relations Coordinator, updated Council on the progress of the US-10/Bay City Road Interchange detour.  The US-10/Bay City Road detour begins after 8:00 p.m. on Tuesday, October 17, 2000.  The Michigan Department of Transportation will demolish the current Bay City Road overpass and will close US-10 from Bay City Road to Waldo Avenue and BR10-M/20 from US-10 to Washington Street.  The closure is anticipated to last no more than 45 hours. 

 

Presentation on the County Road Millage

Jack Duso, Assistant City Manager, presented information on a request to prepare and distribute an informational brochure regarding the road millage proposal on the November 7, 2000 General Election ballot.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, in August 2000 the Midland County Road Commission submitted a request to the Midland County Board of Commissioners to place a proposal on the November 7, 2000 General Election ballot to renew the 1 mill road millage for four years beginning in 2001; and

WHEREAS, the Midland County Board of Commissioners approved the road millage proposal language and placed the proposal on the November 7, 2000 General Election ballot; and

WHEREAS, past City Councils have authorized the city staff to produce and distribute an informational brochure on previous road millage ballot proposals; and

WHEREAS, the Midland County Road Commission has expressed its intent to share in the costs of the production and distribution of said brochure; now therefore

RESOLVED, that the city administration is hereby authorized and instructed to prepare and distribute an informational brochure regarding the road millage proposal on the November 7, 2000 General Election ballot, and the Director of Fiscal Services is hereby authorized to invoice the Midland County Road Commission for its share of the expenses.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Zoning Petition No. 462

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 462.  Council Member Wazbinski, seconded by Council Member McKeag, removed Zoning Petition No. 462 from the table.  A public hearing was held on Zoning Petition No. 462 on September 11, 2000.  James Wilson, owner of Midland Ford Lincoln-Mercury, Inc., which operates on the property in question, requested that Council vote favorably on Zoning Petition No. 462 citing utilization of space in a more efficient manner.  Thomas Shearer, attorney for Midland Ford Lincoln-Mercury, Inc. and petitioner of the rezoning, spoke in favor of the rezoning of property on the southeast corner of Washington Street and Eastlawn Drive from Office-Service 2 to Business B-2.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 ZONING CLASSIFICATION WHERE AN OFFICE-SERVICE 2 DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as:  Lots 2, 3, 4, 5, and 6, Block A, Reinhart’s Addition to the City of Midland,

be, and the same is hereby changed to a Business B-2 District.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance denied.  Yeas:  McKeag    Nays:  Black, Coppage, Currie, Wazbinski)

 

2000 Lee Sanitary Sewer / Water Main / Street Improvements

Jack Duso, Assistant City Manager, presented information on the 2000 Lee Sanitary Sewer, Water Main and Street Improvements.   The City of Midland received a letter from Steven Rapanos, President of Av Builders, Inc., requesting that the first installment on special assessments for Lee Street be postponed until July 2002.  If the postponement is not possible, Mr. Rapanos requested that the resolutions of necessity adopted on August 14, 2000, be rescinded.  Steven Rapanos, 925 E. Wheeler and President of Av Builders, Inc., appeared to request a postponement of special assessments for Lee Street.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

WHEREAS, on August 14, 2000, the Midland City Council approved resolutions on the findings of necessity for the 2000 Lee Sanitary Sewer Improvement, 2000 Lee Water Main Improvement and 2000 Lee Street Improvement; and

WHEREAS, on October 6, 2000, the developer, Av Builders, Inc., requested a postponement of special assessment payments for all Lee Street Improvements until July, 2002 or a rescission of the resolutions of necessity for Lee Street stopping any improvements to Lee Street at this time; now therefore

RESOLVED, that Council hereby rescinds its resolutions of necessity for the 2000 Lee Sanitary Sewer Improvement, 2000 Lee Water Main Improvement and 2000 Lee Street Improvement approved by City Council on August 14, 2000.  (Motion adopted.)

 

Lee Street Improvement; Contract No. 9 – Bids Rejected

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, on October 9, 2000, the Midland City Council rescinded resolutions on the findings of necessity for the 2000 Lee Sanitary Sewer Improvement, 2000 Lee Water Main Improvement and 2000 Lee Street Improvement; and

WHEREAS, the rescission of the findings of necessity for the Lee Street Improvements stops all improvements to Lee Street at this time; now therefore

RESOLVED, that Council hereby rejects all bids for the 2000 Lee Street Improvement; Contract No. 9.  (Motion adopted.)

 

Eastman Avenue Vacation

Prior to consideration of Item No. 9, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, disclosed that he represented the Midland Economic Development Council in its efforts to acquire the land bounded by Eastman Avenue, Larkin and Ripley Streets and requested that he be allowed to abstain from discussion and voting on Item No. 9.   Council unanimously agreed to the abstention.  Mayor Pro-tem Wazbinski assumed the chair.  Mark Ostgarden, City Planner, recommended that Council postpone the decision on the request to vacate Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, a public hearing was held on Monday, September 11, 2000, for the purpose of considering the vacation of Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets; and

WHEREAS, the vacation is subject to the rezoning of adjacent property bounded by Larkin Street, Eastman Avenue, and Ripley Street, action which has been postponed indefinitely; now therefore

RESOLVED, that action to vacate Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets is hereby postponed indefinitely.  (Motion adopted.  Yeas:  Coppage, Currie, McKeag, Wazbinski    Nays:  None   Abstained:  Black)

 

Mayor Pro-tem Wazbinski returned the gavel to Mayor Black.

 

Site Plan No. 193

Mark Ostgarden, City Planner, presented information on Site Plan No. 193 for Universal Place Apartments.  Council Member Wazbinski voiced concern over headlights from the car wash shining on the apartments.  Jerome Schafer, 2750 Mier, architect for the developer Matt Rapanos, indicated that they did not consider shining headlights from the carwash.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 193, the request of Matt Rapanos of Triton Builders for site plan review and approval of Universal Place Apartments, a 14-unit apartment building on .82 acres on the south side of Universal Drive east of Dublin Avenue; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 193, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 193, in accord with the drawing dated August 30, 2000.  (Motion adopted.)

 

“Three Free” Fee Waiver for Yard Waste Collection

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the “Three Free” fee waiver period for yard waste collection is hereby extended through the leaf collection program as provided for in Section 21-4c of the Code of Ordinances.  (Motion adopted.)

 

2002 National Softball Tournament

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the Midland Redcoats and the City of Midland have cooperated to host some fifteen national and international softball events; and

WHEREAS, the Redcoats have expressed an interest in bidding for the 2002 Women’s 23-Under Fastpitch National Tournament; and

WHEREAS, the Parks and Recreation Commission has passed a resolution recommending that the City Council lend City support to this effort; now therefore

RESOLVED, that the City Council hereby supports the bid for the 2002 Women’s 23-Under Fastpitch National Championship; and

RESOLVED FURTHER, that the Council pledges City support if the event is secured, to include:

1.      Use of Emerson Park and St. Charles Softball Fields July 25-28, 2002.

2.      The right to charge admission for the event.

3.      The right to operate concessions including a beer concession.

4.      Support of the Parks and Recreation staff to operate the event.

(Motion adopted.)

 

Contracted Legal Services – Dow Corning & Dow Chemical Tax Appeals

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on August 11, 1997, Council authorized payments to Miller, Canfield, Paddock and Stone for the aforementioned services in a total amount not to exceed $200,000; and

WHEREAS, on December 21, 1998, Council authorized payments to Miller, Canfield, Paddock and Stone for the aforementioned services in a total amount not to exceed $360,725; and

WHEREAS, on February 8, 1999, Council authorized payments to Miller, Canfield, Paddock and Stone for the aforementioned services in a total amount not to exceed $910,725; and

WHEREAS, on April 24, 2000, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $1,160,725; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $1,600,000.  (Motion adopted.)

 

Contracted Appraisal Services – Dow Corning & Dow Chemical Tax Appeals

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained by the City of Midland to provide appraisal reports of the aforementioned properties; and

WHEREAS, on December 21, 1998, the City Council authorized payment to said appraisal firms for their services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in a total amount not to exceed $886,696; and

WHEREAS, on February 8, 1999, the City Council authorized payment to said appraisal firms for their services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in a total amount not to exceed $2,824,196; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances, now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of  Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to the appraisal firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company assessment appeals is hereby authorized in an amount not to exceed $3,675,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $450,000 within the 2000-2001 General Fund budget from the Appraisals account in the MCV Tax Appeal activity to the Appraisals account in the Dow Corning Corporation Tax Appeal activity.  (Motion adopted.)

 

Purchase – Toro Groundmaster Mower

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Toro Groundsmaster 580-D Mower, with trade-in, Bid No. 2422; and

WHEREAS, funding for the new mower in the amount of $67,000 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc. of Sparta, Michigan in the net amount of $48,944.00 for the purchase of a Toro Groundsmaster

580-D mower, including trade-in of city equipment number 4-51, in accordance with the proposal and city specifications.  (Motion adopted.)

 

MDOT Contract – State Trunkline Highway Maintenance

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie: 

 

RESOLVED, that the Municipal Trunkline Maintenance Contract between the Michigan Department of Transportation and the City of Midland for the period of October 1, 2000 through September 30, 2004 is hereby accepted and Director of Public Services, Martin McGuire is designated as Maintenance Superintendent on sections of State Trunkline Highways as shown on the Municipal Route Section Map and Budget Sheets; and

RESOLVED FURTHER, that City Manager, Karl S. Tomion and City Clerk, Penny K. Kovacevich or designee, are authorized to sign said maintenance contract.  (Motion adopted.)

 

Studio Camera System - MCTV

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a new studio camera system, Bid No. 2426; and

WHEREAS, funding for the studio camera system is included in the 2000-2001 Cable Communications Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Duncan Video of Bangor, Michigan in the net amount of $72,029 for the purchase of a studio camera system (four cameras) with accessories, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Proposed 2000-01 City Budget Amendment

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, October 23, 2000, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Grace A. Dow Memorial Library Fund, and the Cable Communications Fund for the 2000-2001 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, Transportation (Dial-A-Ride) Fund, Wastewater Fund, Water Fund, Storm Water Management Fund, Data Processing Operations Fund, Data Processing Computer Rental Fund, and the Service Center Rental Fund for the 2000-2001 fiscal year in order to provide funding for June 30, 2000 encumbrances.  (Motion adopted.)

 

Dow Chemical Company – IFT ($4,540,000)

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that an application received October 6, 2000, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to Dow’s manufacture of a vinylidine chloride based polymer with an encapsulated blowing agent in the amount of $4,540,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 23, 2000, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Dow Chemical Company – IFT ($7,850,000)

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that an application received October 6, 2000, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to the design, installation and start up of a new dewatering system in the amount of $7,850,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 23, 2000, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Dow Chemical Company – IFT ($1,500,000)

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that an application received October 6, 2000, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to Dow’s need for a cooling tower that will be used to operate the Midland methocel production facility in the amount of $1,500,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 23, 2000, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Dow Chemical Company – IFT ($1.494,000)

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that an application received October 6, 2000, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to Dow’s process improvements and new equipment for the manufacture of polyglycols in the amount of $1,494,000 relating to new facility approval to improve product quality operational productivity. Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 23, 2000, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

NEW BUSINESS

Council Member Coppage gave a brief overview of the “Let Local Votes Count” ballot proposal on the November 7th General Election ballot.  Council directed the City Manager to place the “Let Local Votes Count” issue on the October 23, 2000 City Council agenda and notify the Midland Chamber of Commerce and the Lansing based interest group opposing that ballot proposal. 

 

Being no further business the meeting adjourned at 8:46 p.m.

 

______________________________________

            Penny K. Kovacevich, City Clerk