September 10, 2001

 

A regular meeting of the City Council was held on Monday, September 10, 2001, 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 August 27, 2001 regular meeting was offered by Council Member Coppage and seconded by Council Member Wazbinski.  (Motion adopted.)

 

Ballroom Dance Week

Selina Tisdale, Community Relations Coordinator, introduced George Whittington, Secretary of the Mid-Michigan USABDA Ballroom Dancers, a local area chapter of the United States Amateur Ballroom Dancers Association.  Mr. Whittington requested Council proclaim the week of September 14-23, 2001 as Ballroom Dance Week in the City of Midland.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of September 14 - 23, 2001 as Ballroom Dance Week in Midland.  (Motion adopted.)  Mayor Black presented Mr. Whittington with the proclamation.

 

Dow Chemical Company – IFT Application

Roger Elbers, Deputy City Assessor, presented information on a request from The Dow Chemical Company for an Industrial Facilities Exemption Certificate.  A public hearing opened at 7:11 p.m.  Randy Croyle, from The Dow Chemical Company’s Mergers and Acquisitions Program Management Office and Jenee Velasquez, Executive Director of Midland Economic Development Council, both spoke in support of the issuance of an Industrial Facilities Exemption Certificate for The Dow Chemical Company.  The hearing closed at 7:18 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, The Dow Chemical Company Industrial Development District No. 2 (Rockwell Drive area) was established by resolution of the Midland City Council on July 25, 1988; and

WHEREAS, The Dow Chemical Company made an application dated July 10, 2001, which was received by the City Clerk on July 10, 2001, 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 $1,300,000, and will result in the creation of office space for employees relocating as a result of the Union Carbide Corporation and The Dow Chemical Company merger that occurred in February 2001, which will consist of furniture and fixtures located at the Ashman Center 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 September 10, 2001, 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 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 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 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 a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2013; 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.)

 

Revocation of Liquor License – B B Banucks

Jack Duso, Assistant City Manager, reviewed the revocation process of an unused Class C Liquor License held by Apollo Ventures, Inc., d/b/a B B Banucks.  A show cause hearing opened at 7:37 p.m.  John Rapanos, President of Apollo Ventures, Inc., living at 1012 W. Sugnet, requested Council consider postponement of the show cause hearing until all council members could be present.  After discussion, Council agreed to go ahead with the show cause hearing at tonight’s meeting.  Julie Keil, Attorney for John Rapanos, stated an application was filed with the Liquor Control Commission on Friday, September 7, 2001.  Mr. Rapanos stated that he met with designers in February or March of this year to start planning a new Greek restaurant.  On April 18, 2001, Julie Keil, Attorney of the licensee corporation, applied for and received an extension of escrow for the liquor license in question from the Michigan Department of Consumer and Industry Services – Liquor Control Commission.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, on March 19, 2001 the City Council received the City Manager’s Annual Review of Liquor Licenses as required by the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, said report indicated that as of July 15, 2001 the license held by Apollo Ventures, Inc. d/b/a B B Banucks would be in escrow for three consecutive years unless the license was put into use by that date; and

WHEREAS, as of this date, said license is still in escrow and in violation of Sec. 5.4g of the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, in accord with Section 5 of said policy the City Council set the date of September 10, 2001 for a show cause hearing for the purpose of providing the owner of the B B Banucks license to provide information as to why the recommendation of the City Manager for revocation of said license should not be approved by the City Council; now therefore

RESOLVED, that following a show cause hearing, the City Council hereby determines that the process for revocation of the unused Class C Liquor License held by Apollo Ventures, Inc. shall continue and hereby authorizes and directs the City Manager to proceed with the preparation of the Findings of Fact and report the Findings of Fact at the October 8, 2001 City Council meeting.  (Motion adopted.)

 

PUBLIC COMMENTS

Coleen Fulks, 2705 Whitewood, spoke on The Alliance for Community Media (ACM), a national organization for local cable access stations.  Ms. Fulks submitted information to Council regarding the ACM Conference that was held in Washington, D.C. and challenged Council and citizens of Midland to embrace and use their local cable channel.

 

Ordinance Amendment - Parks and Recreation Commission Term Limits of Members

James Branson, City Attorney, presented information on a second reading of an ordinance that would amend Section 17-3 of Article I to establish term limits of the members of the Parks and Recreation Commission.  Coleen Fulks, 2705 Whitewood, spoke in opposition to setting term limits.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 17-3 OF ARTICLE I OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.    Section 17-3 is hereby amended to read as follows:

                    Sec. 17-3.  Same -- Term of office; appointment.

Commissioners of the parks and recreation commission shall be appointed by the city council for a term of three (3) years commencing July 1, 1947, with vacancies occurring each year except, that for the first appointment, two (2) members shall be appointed for three (3) years, two (2) members for two (2) years and one (1) member for one year.  Additional Exception:  For the two members whose terms begin July 1, 2001 as a result of expanding the parks and recreation commission to nine members, one (1) member shall be appointed for a three (3) year term and one (1) member shall be appointed for a two (2) year term.  Commissioners may be appointed for not more than two (2) consecutive three (3) year terms that commence on July 1 and terminate on June 30.  A partial term shall not be considered in the calculation of consecutive terms for either commissioner serving a portion of the three (3) year term. A commissioner who has served two (2) consecutive three (3) year terms is eligible to fill a vacated position on the commission whenever a vacancy occurs subsequent to the appointment of the position vacated and is eligible to be appointed for another two (2) consecutive three (3) year terms.   A commissioner who has served two (2) consecutive three (3) year terms is also eligible for appointment to the commission for another two (2) consecutive three (3) year terms after any break in service caused by resignation or not being reappointed to another term. 

For purposes of determining term limits for commission members serving as of July 1, 2001 the number of consecutive three (3) year terms served shall be considered in the calculation of term limits.

Section 2.    This ordinance shall take effect upon publication.

 

After a brief discussion, the following resolution to postpone action on the amendment to Section 17-3 of Article I of the Code of Ordinances was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that action on an ordinance to amend Section 17-3 of Article I of the Code of Ordinances to establish term limits of the members of the Parks and Recreation Commission is hereby postponed until September 17, 2001, at 7:00 p.m.   (Motion adopted.)

 

Planned Unit Development No. 13 – Village at Joseph’s Run

Jon Lynch, Director of Planning and Community Development, presented information on Planned Unit Development No. 13 – The Village at Joseph’s Run.  Representatives from Royal Castle Companies and Ayre Associates presented a rendering of the proposed complex.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, Royal Castle Companies has requested approval of the final plan of Planned Unit Development No. 13, a residential development of 128 units on 13.54 acres on the south side of Joseph Drive east of Jefferson Avenue, to be known as The Village at Joseph’s Run; and

WHEREAS, on January 13, 2001, the Planning Commission took action to recommend to City Council approval of the preliminary plan of Planned Unit Development No. 13; and

WHEREAS, the City Council approved said preliminary plan on February 19, 2001; and

WHEREAS, the City Planning Commission has submitted its recommendation of approval of the final plan of Planned Unit Development No. 13, in accord with Article XXVI of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council hereby approves the final plan of Planned Unit Development No. 13, in accord with documents dated August 23, 2001; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute an agreement between the City and the developer, as required by Section 26.6(d) of the Zoning Ordinance of the City of Midland.  (Motion adopted.)

 

Final Plat & Easement Agreements for Foster Woods Subdivisions

Jon Lynch, Director of Planning and Community Development, presented information on the final plat approval of Foster Woods Subdivision and Foster Woods Subdivision No. 2.  Gregory A. Weckesser, on behalf of North Central Development, LLC, spoke in support of the project.  The following three resolutions were then presented for consideration.

 

Foster Woods Subdivision

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

 

WHEREAS, the Final Plat of Foster Woods Subdivision is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council hereby approves the Final Plat of Foster Woods Subdivision, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the said record plat on behalf of the City; and

RESOLVED FURTHER, that the City accepts the Deed of Easement and Agreement for stormwater management related to the plat.  (Motion adopted.)

 

Foster Woods Subdivision No. 2

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

 

WHEREAS, the Final Plat of Foster Woods Subdivision No. 2 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council hereby approves the Final Plat of Foster Woods Subdivision No. 2, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the said record plat on behalf of the City; and

RESOLVED FURTHER, that the City accepts the Deed of Easement and Agreement for stormwater management related to the plat.  (Motion adopted.)

 

Unplatted Land between Foster Woods Subdivision & Foster Woods Subdivision No. 2

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

 

RESOLVED, that the City Council of the City of Midland accepts an Easement Grant Agreement from North Central Development Company for sanitary sewer, storm sewer, and water main on unplatted land between Foster Woods Subdivision and Foster Woods Subdivision No. 2, located north of East Wheeler Street and east of Foster Road; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to record said Easement Grant Agreement with the Midland County Register of Deeds.  (Motion adopted.)

 

Pledge of Financial Support – Karl B. Robertson (M-20) Bridge Improvements

Jon Lynch, Director of Planning and Community Development, presented information on a request to pledge financial support for improvements to the Karl B. Robertson Bridge.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the Midland Economic Development Council has advised that it will be assisting the Michigan Department of Transportation in applying for an Enhancement Grant to improve the Karl B. Robertson (M-20) Bridge, which will include replacement of bridge joints, approach slabs, and new overlay, and replacement of the concrete railings with see-through railings so that users of the bridge can see Downtown Midland – the Tridge, Trilogy Skate Park, the Courthouse, the Santa House, etc.; and

WHEREAS, the total project cost is estimated at approximately $400,000; and

WHEREAS, the Michigan Department of Transportation will contribute a 20 percent local match; and

WHEREAS, 20 percent (approximately $80,000) will be sought from the Midland community; and

WHEREAS, it is anticipated that the balance will be funded by the grant; now therefore

RESOLVED, that the City Council of the City of Midland recognizes the value of the proposed improvements to the Karl B. Robertson Bridge, and pledges its financial support of the project in the amount of $40,000.00.  (Motion adopted.)

 

Liquor License at Currie Municipal Golf Course Study

Martin McGuire, Director of Public Services, requested Council give direction to staff on the issue of a liquor license at the Currie Municipal Golf Course.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the City Manager and City Attorney are hereby directed to prepare a study on the issue of a liquor license at the Currie Municipal Golf Course; and

RESOLVED FURTHER, that this issue also be referred to the Parks & Recreation Commission for report and recommendation.  (Motion adopted.)

 

Purchase Agreement – Sale of CHOICE House at 209 Bradley Court

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 209 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated August 27, 2001, was submitted by Jeffrey A. Ropp, in the amount of the appraised value of $74,000.00; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a third mortgage in the amount of $5,000.00 will be recorded but forgiven at a rate of 20 percent per year over five years; now therefore

 

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion adopted.)

 

MDOT Agreement No. 2002-0068 for Transportation Related Services

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

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for passenger transportation related services; and

WHEREAS, the City of Midland does hereby approve Master Agreement Number 2002-0068; and

WHEREAS, this resolution shall also approve execution of Project Authorizations for Dial-A-Ride operating funds and capital purchases with the Michigan Department of Transportation which are issued under Agreement No. 2002-0068; now therefore

RESOLVED, that the Mayor and City Clerk be authorized and directed to execute Agreement No. 2002-0068 with the Michigan Department of Transportation for passenger transportation related services; and

RESOLVED FURTHER, that the City Manager be authorized to enter into and execute on behalf of the City of Midland all such Project Authorizations with the Michigan Department of Transportation for passenger transportation related services for the agreement period.  (Motion adopted.)

 

MDOT Contract No. 2000-0414/A1 for Two Replacement Buses

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

 

WHEREAS, on September 11, 2000 City Council authorized the execution of a contract with the Michigan Department of Transportation for the purchase of two replacement buses for Dial-A-Ride for a total amount of $131,489; and

WHEREAS, the cost of the buses was underestimated and the Michigan Department of Transportation has authorized an additional $1,232 in funding; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute Contract No. 2000-0414/A1 with the Michigan Department of Transportation in the amount of $132,721 for the additional funding required to purchase two replacement buses.  (Motion adopted.)

 

Services from White Pine Library Cooperative

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

 

WHEREAS, the White Pine Library Cooperative provides a necessary and valuable service to the library; and

WHEREAS, said services are not offered through any other organization or institution; and

WHEREAS, funding for these services is provided in the 2001/02 Grace A. Dow Memorial Library Fund budget; now therefore

RESOLVED, that the requirement for competitive bids is hereby waived in accordance with Section 2-18 of the Code of Ordinances for services from the White Pine Library Cooperative for the Grace A. Dow Memorial Library and is approved in an amount not to exceed $40,000 and the necessary purchase order authorized.  (Motion adopted.)

 

Purchase of Natural Gas

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

 

WHEREAS, the City is interested in purchasing natural gas in bulk to provide a cost savings over the current supply method; and

WHEREAS, staff has estimated that using Bishop Energy Services to act as the City’s exclusive broker for supplying natural gas at a price of $3.47 per thousand cubic feet (MCF) would save the City approximately $22,000 for a six month period, compared to current prices; now therefore

RESOLVED, that in accord with Section 2-18 of the Midland Code of Ordinances, the requirement of sealed competitive proposals for said purchase is hereby waived as impractical; and

RESOLVED FURTHER, that the award of a six-month contract to Bishop Energy Services to supply all City locations with natural gas at a rate not to exceed $3.47 per MCF is hereby approved, and the Mayor and City Clerk are authorized to execute said contract.  (Motion adopted.) 

 

Electrical Transformer Installations at Five Pump Station Locations

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

 

WHEREAS, the sanitary sewer system improvement projects include increasing the capacity of the existing Valley and Elizabeth pump stations, replacing the East Ashman and Patrick pump stations with new stations and constructing the Nelson Area pump station in the circle; and

WHEREAS, increased electrical capacity is required for said five pump stations; and

WHEREAS, advertising for sealed proposals is impractical since Consumers Energy needs to provide the equipment to be in compliance with their electrical grid and they are considered a sole provider of this service in our area; and

WHEREAS, funding for this work is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that in accordance with Section 2-18 of the Midland Code of Ordinances, the requirement of sealed competitive proposals for said purchase is hereby waived as impractical; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to execute a purchase order to Consumers Energy in the amount of $98,208 for providing this work.  (Motion adopted.)

 

Proposed Budget Amendment - 2001-02 Equipment Revolving Fund

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

 

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., October 8, 2001 in the Council Chambers of City Hall on the proposal to amend 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.  (Motion adopted.)

 

Proposed Amendment to 2001-02 City Budgets & Financial Working Plans

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

 

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 8, 2001, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Local Street Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, and Downtown Development Authority Fund for the 2001-2002 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, Storm Water Management Fund, Data Processing Operations Fund, Equipment Revolving Fund, and the Service Center Rental Fund for the 2001-2002 fiscal year in order to provide funding for June 30, 2001 encumbrances.  (Motion adopted.)

 

NEW BUSINESS

Proclamation of Recognition to Northwood University

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamations recognizing the partnerships between Northwood University and JLU / Lambton College and SYU / Lambton College.  (Motion adopted.)

 

Joint Meeting with Historic District Commission

Tentatively scheduled a joint meeting with the Midland Historic District Commission for October 29, 2001, at 7:00 p.m. 

 

Being no further business the meeting adjourned at 9:14 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk