November 20, 2000

 

A regular meeting of the City Council was held on Monday, November 20, 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, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

John Coppage (excused)

 

Minutes

Approval of the minutes of the November 13, 2000 regular meeting was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

Comprehensive Annual Financial Report – Year Ended June 30, 2000

Robert Fisher, Director of Fiscal Services, presented the Comprehensive Annual Financial Report for the year ended June 30, 2000.  Bruce Berend, Engagement Partner and Scott Janssen, Senior Manager, from the City independent auditing firm, Plante and Moran, L.L.P., presented their annual report and management letter to Council.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that the Comprehensive Annual Financial Report of the City of Midland for the year ended June 30, 2000 is hereby received and ordered filed for public examination.  (Motion adopted.)

 

“Garbage Guys” Public Service Announcement Presentation

Gussie Peterson, Safety and Health Manager, introduced four new public service announcements being aired by both MGTV and MCTV.  The public service announcements were developed by the MCTV staff with the help of the Department of Public Services to raise awareness on some refuse handling hazards that have been identified by the Employee Health and Safety Action Committee. 

 

Zoning Petition No. 469

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 469, which would rezone property north and east of the intersection of Isabella Street (M-20) and Vance Road.  The Planning Commission at its September 26, 2000 meeting, recommended denial to rezone property from Office-Service 2 to Business A and the Commission voted 4 – 4 to deny rezoning Business A to Business B-2.  A public hearing opened at 8:07 p.m.  Tom McCann, 3310 Jefferson, petitioner for the rezoning, spoke in support of the rezoning.  Mr. McCann stated he would put up 20’ of dense screening between property lines.  Mr. McCann also suggested that if a 4/5 vote was required, action on the rezoning should be postponed until a full Council was in attendance.  Dennis Raleigh, 3327 Cones Court, Donna Preston, 3417 Cedar Street and Charlotte Atton, 3405 Cedar Street, all spoke in opposition to the rezoning.  The hearing closed at 8:40 p.m.  

Council Member Wazbinski moved, seconded by Council Member Currie, the request for rezoning.  Council Member Wazbinski then moved, seconded by Council Member McKeag, the following resolution postponing action on Zoning Petition No. 469:

 

WHEREAS, a public hearing was held on Monday, November 20, 2000, for the purpose of considering Zoning Petition No. 469 – rezoning property north and east of the intersection of Isabella Street (M-20) and Vance Road; now therefore

RESOLVED, that action on Zoning Petition No. 469 is hereby postponed until December 4, 2000, at 7:00 p.m.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Transportation Enhancement Fund Application – Walkway across US-10 Highway

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

 

WHEREAS, the City of Midland wishes to create an access across Highway US-10 at Jefferson Avenue for a shared use facility for pedestrians, bicycles and other non-motorized traffic; and

WHEREAS, this project will enhance recreational and economic opportunities in this area of the City of Midland; and

WHEREAS, the Michigan Department of Transportation is submitting a Transportation Enhancement Fund Application for funding said project in conjunction with the widening of the Jefferson Avenue bridge over Highway US-10; now therefore

RESOLVED, that the Midland City Council hereby supports the submission of a Transportation Enhancement Fund application prepared by the Michigan Department of Transportation for the construction of a shared use facility across Highway US-10 at Jefferson Avenue; and

RESOLVED FURTHER, that the City of Midland will contribute $10,000 toward the construction of the shared use facility; and

RESOLVED FURTHER, that the City of Midland will maintain this facility once construction has been completed.  (Motion adopted.)

 

Land Lease Assignment Agreements – Hangar Site 03E

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

 

WHEREAS, an assignment and acceptance of lessee’s interest in lease agreement from Elaine Lynn Chalup to John Charles Marvin has been received to transfer lease rights of Hangar 03E at Jack Barstow Airport; and

WHEREAS, Mr. John Marvin is sole owner of Hangar 03E at Barstow Airport and desires to transfer the existing land lease to his name; now therefore

RESOLVED, that the City Council approves the transfer of the Hangar Land Lease Interest for Site 03E from Mrs. Elaine Lynn Chalup to Mr. John Charles Marvin and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City.  (Motion adopted.)

 

Land Lease Assignment Agreements – Hangar Site 02B

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

 

WHEREAS, an assignment and acceptance of lessee’s interest in lease agreement from Ronald L. Schultz to Walter M. Suminski has been received to transfer lease rights of Hangar 02B at Jack Barstow Airport; and

WHEREAS, Mr. Walter M. Suminski is sole owner of Hangar 02B at Barstow Airport and desires to transfer the existing land lease to his name; now therefore

RESOLVED, that the City Council approves the transfer of the Hangar Land Lease Interest for Site 02B from Ronald L. Schultz to Walter M. Suminski and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City.  (Motion adopted.)

 

St. Charles Softball Area Master Plan and Donation

Martin McGuire, Director of Public Services, presented information on the Master Plan for the St. Charles Softball Area.  Mr. Mark Enszer, President of the Midland Softball Association, spoke in support of the Master Plan for the St. Charles Softball Area and the spoke-wheel design of the complex.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City Council on March 13, 2000, accepted an offer from the Midland Softball Association to fund and have prepared a Master Plan for the St. Charles Softball Area; and

WHEREAS, the Midland Softball Association has presented a completed plan; and

WHEREAS, the Midland Parks and Recreation Commission voted unanimously at their meeting of October 10, 2000 to approve the Master Plan; and

WHEREAS, the Midland Softball Association has offered to donate $100,000 to fund fencing and play equipment portions of the plan; now therefore

RESOLVED, that the Master Plan for the St. Charles Softball Area is hereby approved; and

RESOLVED FURTHER, that the donation of $100,000 from the Midland Softball Association for the purpose of installing ball diamond fencing and play equipment is accepted.  (Motion adopted.)

 

Payment for Environmental Services & Legal Fees (Former AMOCO Property)

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

 

WHEREAS, the City has accepted a gift of property from the Midland Economic Development Council in the block bounded by Jerome Street, Larkin Street, Ripley Street and West Ellsworth Street for the purpose of constructing a parking lot and providing additional green space; and

WHEREAS, it is necessary to assess any potential environmental and legal liabilities resulting from said acceptance; and

WHEREAS, in accord with Section 2-19 of the Code of Ordinances for the City of Midland, sealed bids for professional services are not required; and

WHEREAS, the total amount of expenditures for said assessment, including legal and environmental services, is anticipated to be $64,000, of which $18,400 has previously been provided by the Parking Fund; and

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $45,600 from the General Fund Reserve for Contingencies to the Parking Fund to provide supplemental funding for this matter; and

RESOLVED FURTHER, that payment to McDowell & Associates for environmental services is hereby authorized in an amount not to exceed $39,750; and

RESOLVED FURTHER, that payment to Miller, Canfield, Paddock and Stone, PLC for legal services is hereby authorized in an amount not to exceed $23,000.  (Motion adopted.)

 

Payment for Engineering Services – Storage Basin Property

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

 

WHEREAS, the City entered into an Administrative Consent Order (ACO) with the Michigan Department of Environmental Quality (MDEQ) to construct a 43.5 mg storage basin; and

WHEREAS, the City is involved in negotiations with The Dow Chemical Company to acquire rights to property located to the adjacent west of the City's Wastewater Treatment Plant, on which to build the basin; and

WHEREAS, the City has requested and received a proposal from McDowell & Associates of Midland, Michigan to provide professional engineering services which, in accord with Section 2-19 of the Code of Ordinances for the City of Midland, do not require sealed bids; and

WHEREAS, sufficient funds will be made available from the proceeds of the 2001 Sanitary Sewer Limited Tax General Obligation Bonds; now therefore

RESOLVED, that the proposal submitted by McDowell & Associates, in the amount of $20,750, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that authorization is hereby given to the City Manager to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $5,000.  (Motion adopted.)

 


Payment for Appraisal Services – Dow Chemical Company Assessment Appeal

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

 

WHEREAS, The Dow Chemical Company has appealed the assessed and taxable value for the tax year 1999, specifically regarding three individual parcels with the Michigan Tax Tribunal Numbers of 270871, 270872, 270873; and

WHEREAS, the appraisal firm of Terzo & Bologna, Inc. is both available and qualified to perform the necessary appraisals on these three isolated parcels of property owned by The Dow Chemical Company; and

WHEREAS, as of this date the Michigan Tax Tribunal has not allowed a consolidation of these three separate parcels with the main tax appeal case as filed by The Dow Chemical Company; and

WHEREAS, the Michigan Tax Tribunal has ordered appraisals to be exchanged by December 1, 2000, therefore the immediacy of retaining a qualified and available appraisal firm is imperative; and

WHEREAS, 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

WHEREAS, sufficient budgetary funding exists within the 2000-2001 general fund budget for The Dow Chemical Company tax appeal cases; now therefore

RESOLVED, that in accord with Section 2-19 of the Code of Ordinances of the City of Midland, the City Manager is hereby authorized to execute a contract with the appraisal firm of Terzo & Bologna, Inc. for its assistance in the aforementioned appeal in an amount not to exceed $25,000.  (Motion adopted.)

 

Dow Corning Corp – IFT Application ($13,710,000)

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

 

RESOLVED, that an application dated November 10, 2000 was received November 10, 2000 from the Dow Corning Corporation 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 within the Dow Corning Corporation Industrial Development District relating to new facilities including new land and building improvements, machinery and equipment with the facility intended to upgrade technology and expand capacity for the production of silicone polymers in the amount of $13,710,000 relating to new facility approval to allow further expansion in the Dow Corning Corporation Industrial Development District and 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, December 4, 2000, at 7:00 p.m., in the Council Chambers at City Hall, 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 Corning Corp – IFT Application ($2,950,000)

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

 

RESOLVED, that an application dated October 14, 2000 was received October 30, 2000 from the Dow Corning Corporation 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 within the Dow Corning Corporation Industrial Development District relating to new facilities including new land improvements, and machinery and equipment with the facility intended to design, procure and install a new distillation process in the amount of $2,950,000 relating to new facility approval to allow further expansion in the Dow Corning Corporation Industrial Development District and 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, December 4, 2000, at 7:00 p.m., in the Council Chambers at City Hall, 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

Reset time of previously scheduled December 6, 2000 closed session to discuss pending litigation to 5:00 p.m.

 

Being no further business the meeting adjourned at 9:03 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk