October 8, 2001

 

A regular meeting of the City Council was held on Monday, October 8, 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, John Coppage, Mary Currie, Marty Wazbinski

Council members absent:

Hollis McKeag (excused)

 

Minutes

Approval of the minutes of the September 17, 2001 regular meeting was offered by Council Member Coppage and seconded by Council Member Currie.  (Motion adopted.)

 

Recognition – Local Attorneys

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation of recognition honoring the long-standing service to the legal profession given by 14 local attorneys.  (Motion adopted.)

 

McKay Press, Inc. – Plant Rehabilitation District

Kathleen Paul, City Assessor, presented information on the request from McKay Press, Inc. to establish a plant rehabilitation district.  A public hearing opened at 7:07 p.m.  Robert Smith, Controller at McKay Press, 215 State Street and Christine Greve, Economic Development Manager of the Midland Economic Development Council, both spoke in support of the district.   The hearing closed at 7:11 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

WHEREAS, the City Council on its own initiative, having received a letter dated September 7, 2001 from the McKay Press, Inc. for property located at 215 State Street, requesting it be designated a Plant Rehabilitation District, with the proposed district being described as follows:

That part of lots 9, 10, and 11 Blk 47 Larkins Addition to the City of Midland described as follows:

            Commencing at the southwest corner of lot 9 of Larkins Addition, then northwesterly 10 feet along southwest lot line and 10 feet northeasterly from said line to a point of beginning, then continuing northeasterly 12 feet, then southeasterly approximately 90 feet to a point 20 feet southeasterly and 22 feet northeasterly of the northwest corner of lot 11 of Larkins Addition, then 12 feet southwesterly, then northwesterly approximately 90 feet to the point of beginning.

; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future restoration, replacement or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed plant rehabilitation district and has held a public hearing on October 8, 2001, to afford the owner, lessee, and any other resident or taxpayer of the City of Midland an opportunity to be heard on the request of McKay Press, Inc. for the establishment of this Plant Rehabilitation District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the City Council of the City of Midland hereby determines that the property comprising not less than 50% of the state equalized valuation of the industrial property within the proposed Plant Rehabilitation District is obsolete; and

RESOLVED FURTHER, that the above described property is hereby established as the McKay Press, Inc. Plant Rehabilitation District within the meaning of said Public Act 198.  (Motion adopted.)

 

2001 Bogel Drive Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2001 Bogel Drive Improvement Special Assessment District.  A public hearing of necessity opened at 7:34 p.m.  Mary Hintz, 4300 Airport Road, spoke in opposition to the district.  Joseph Bogel, owner of said property spoke in support of the request.  David L. Roth, 4208 Airport Road, stated he believed the special assessment should be picked up by the owner of the subdivision.  The hearing closed at 7:45 p.m. 

Council Member Currie moved the resolution, seconded by Council Member Wazbinski.  Council Member Coppage moved, seconded by Council Member Currie the following resolution to postpone action on the 2001 Bogel Drive Improvement Special Assessment District until the October 22, 2001 Council meeting:

 

RESOLVED, that a public hearing was held on Monday, October 8, 2001 for the purpose of considering the proposed “2001 BOGEL DRIVE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, and

RESOLVED FURTHER, that action on said Special Assessment District is hereby postponed until October 22, 2001, at 7:00 p.m.   (Motion adopted.)

 

2001 Bogel Drive Improvement Special Assessment Roll

No action taken on this item.

 

Amendment - 2001-02 City Budgets and Financial Working Plans

David Keenan, City Controller, presented information on an amendment to the 2001-02 City budgets and financial working plans.  A public hearing opened at 8:00 p.m., no comments were made, the hearing closed at 8:01 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

RESOLVED, that in accord with Sections 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, October 8, 2001, 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; now therefore

RESOLVED, that the 2001-2002 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

City Council                                                                                         $               9,661

City Manager                                                                                                           525         

Clerk/Treasurer                                                                                                 26,600

Human Resources                                                                                              5,901

Police & Fire Pension Administration                                                                  3,900

City Hall                                                                                                            109,190

Police Administration                                                                                         12,269

Fire Fighting                                                                                                       54,944

Fire Maintenance                                                                                                 4,618

Building Inspection                                                                                                  285

Engineering                                                                                                        39,000

Public Lighting                                                                                                     1,527

Traffic Services                                                                                                   1,185

Parks                                                                                                                   4,011

Recreation                                                                                                         13,346         

Civic Arena                                                                                                       212,918

Plymouth Park Pool                                                                                         128,500

Stratford Woods Park                                                                                        10,000

Cemetery                                                                                                             7,767

Risk Management and Loss Control                                                                12,815

Tax Appeals                                                                                                     475,438

Major Park Maintenance                                                                                     12,700

Total General Fund                                                                             $        1,147,100

Local Street Fund

Roadside drainage                                                                              $                  200

Curb & gutter maintenance                                                                                    487

Traffic services                                                                                                 10,000

Total Major Street Fund                                                                       $             10,687

Grace A. Dow Memorial Library Fund                                                                                                                                                                                               

Operations                                                                                          $           197,035

Investment in Assets                                                                                          46,459

Total Grace A. Dow Memorial Library Fund                                        $           243,494

Cable Communications Fund

Investment in Assets                                                                           $                  989

 Downtown Development Authority

 Operations                                                                                         $             14,500

 Investment in Assets                                                                                         50,465

  Total Downtown Development Authority                                           $             64,965

Landfill Fund

Operations                                                                                          $               3,491

Investment in Assets                                                                                        531,806

Total Landfill Fund                                                                               $           535,297

Washington Woods Fund

Operations                                                                                          $               5,615

Investment in Assets                                                                                         87,411

Total Washington Woods Fund                                                          $             93,026

Riverside Place Fund

Operations                                                                                          $             14,257

Golf Course Fund

Operations                                                                                          $                  410

Investment in Assets                                                                                        153,243

Total Golf Course Fund                                                                       $           153,653

Parking System Fund

Operations                                                                                          $               1,105

Wastewater Fund

Wastewater Operations                                                                      $               2,050

Residual Processing                                                                                           1,708

Digester Operations                                                                                            3,810         

Pump Station Maintenance                                                                               17,836

Sewer Plant Maintenance                                                                                    3,670

Sanitary Sewer Repair                                                                                      71,531

Investment in Assets                                                                                        398,149

Total Wastewater Fund                                                                      $           498,754

Water Fund

Plant Operations – Common                                                              $               4,928

Plant Maintenance – Common Consumption                                                   17,708

Water Distribution – Tower Maintenance                                                          10,344

Water Distribution – Main Maintenance                                                               1,509

Investment in Assets                                                                                     1,097,685

Total Water Fund                                                                                $        1,132,174

Storm Water Management Fund

Storm Sewer Cleaning                                                                        $             18,000

Storm Sewer Maintenance                                                                                     435

Total Storm Water Management Fund                                               $             18,435

Data Processing Operations Fund

Operations                                                                                          $             93,807

Investment in Assets                                                                                          94,000

Total Data Processing Operations Fund                                            $           187,807

Equipment Revolving Fund

Operations                                                                                          $             10,557

Investment in Assets                                                                                        169,265

Total Equipment Revolving Fund                                                        $           179,822

Service Center Rental Fund

Investment in Assets                                                                           $             22,676

(Motion adopted.)

 

Budget Amendment – 2001-02 Equipment Revolving Fund

Martin McGuire, Director of Public Services, presented information on an amendment to the 2001-02 Equipment Revolving Fund budget.   A public hearing opened at 8:04 p.m., no comments were made, the hearing closed at 8:05 p.m.   The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, in accord with Section 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, October 8, 2001, 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; now therefore

RESOLVED, that the 2001-02 budget of the Equipment Revolving Fund is amended to increase revenue by $52,725 as received from the Michigan Department of Transportation and increase expenditures by $52,725 for the purchase of a Dial-A-Ride bus.  (Motion adopted.)

 

PUBLIC COMMENTS

William Johnson, 3535 E. Ashman, commented on the lack of proper signage at the E. Ashman Street construction site and police policy of waiting and writing out tickets to people violating the signage in the construction area.   Mr. Johnson also felt that more police patrol in the Eastman Road area would improve traffic flow.

 

Reflective Address Sign Ordinance

James Branson, City Attorney, presented information on a second reading of an ordinance amending Section 22-2 of Article I of Chapter 22 of the Code of Ordinances to provide for proper placement of Reflective Address Signs.  The following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1518

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 22-2 of Article I of Chapter 22 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 22-2 is hereby amended as follows:

Sec. 22-2.  Signs, posters, etc., in or on public right-of-way.

1)           It shall be unlawful to print, paint, place, install or otherwise affix any sign, poster or advertisement upon the pavement or sidewalk, or in the outlawn or parkway area adjacent to any public street or right-of-way, or upon any post, tree or other object located on any public street or right-of-way in the city.  However, the city council may, by resolution, authorize the placing of signs, posters or advertisements in such places, when, in the opinion of the city council, such signs, posters or advertisements are of public or civic interest.  For purposes of this section, the phrase “public or civic interest” includes real estate open house and builders’ parade of homes directional signs; provided, however, that real estate open house directional signs shall only be permitted in the public right-of-way for a period of no more than twelve (12) consecutive hours and builders’ parade of homes directional signs shall only be permitted in a public right-of-way no more than four (4) times per calendar year and for a period of no more than seventy-two (72) consecutive hours.  Additionally, real estate open house and builders’ parade of homes directional signs must meet the following requirements:

(1)   The maximum size of each sign shall be six (6) square feet.

(2)   The maximum height of each sign shall be thirty-six (36) inches above the elevation of the crown of the roadway.

(3)   At any given time, no more than one (1) sign will be permitted at any corner of an intersection.

As to any other type of sign determined by the city council to be of public or civic interest, any restrictions on the size, height and number of such signs shall be set forth in the authorizing resolution.

Any sign permitted in a public right-of-way shall not obstruct or otherwise interfere with vehicular or pedestrian traffic. 

2)   Reflective Address Signs 

a)      Reflective address signs shall not be attached to any tree in the City’s right-of-way.

b)      Reflective address signs may be attached to mailboxes and mailbox posts.   This placement is the preferred location.

c)      Permanently installed reflective address signs may be located in the public right-of-way or dedicated public easement, but not closer than two (2) feet from the curb or designated shoulder area.

1)  Permanently installed reflective address sign posts shall not exceed a dimension of four (4) inches by four (4) inches and the posts shall not exceed a height of four (4) feet above ground level. 

d)      Not more than one reflective address sign designating a residence shall be placed on any single family residential lot or public right of way abutting a single family residential lot.  Placement on corner lots shall be in the right of way area adjacent to the street designating the address.

e)      Reflective address signs shall be no larger than two (2) square feet in total sign area.

Section 2.   This Ordinance shall take effect February 11, 2002.  (Ordinance adopted.)

 

Civil Infractions Ordinance (Placement of Reflective Sign)

James Branson, City Attorney, presented information on an ordinance amendment that would include Section 22-2 of Article I of Chapter 22 as a civil infraction violation.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Coppage:

 

ORDINANCE NO. 1519

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(a)   Chapter 8.  Uniform Fire Code.

(b)   The City of Midland Zoning Ordinance.

(c)   Chapter 29.  Stormwater Runoff Regulation and Control.

(d)   Section 22-2 of Article I of Chapter 22.  Sign placement in the City right of way areas.

Section 2.   This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

B. B. Banucks Liquor License – Findings of Fact

Jack Duso, Assistant City Manager, presented “Findings of Fact” for the B. B. Banucks liquor license. 

John Rapanos, 1012 W. Sugnet, owner of B. B. Banucks, stated he received notification from the State of Michigan that the documents had been received. 

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

 

WHEREAS, a show cause hearing was held on September 10, 2001 to consider the recommendation of the City Manager to recommend to the Liquor Control Commission that the liquor license held by B B Banucks, Inc. be revoked as a result of a violation of Section 5.4g of the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, following the show cause hearing the City Council adopted a resolution continuing the show cause hearing and directing the City Manager to submit Findings of Fact on October 8, 2001; and

WHEREAS, said Findings of Fact have been prepared and submitted to the City Council at its October 8, 2001 meeting; now therefore

RESOLVED, that the attached Findings of Fact are hereby received and the City Manager is hereby directed to notify the license holder that he must submit to the City Manager a timeline for completion of the restaurant facility by not later than 12:00 p.m., Thursday, October 18, 2001 for consideration of approval by the City Council at its October 22, 2001 City Council meeting; and

RESOLVED FURTHER, if the license holder does not submit the timeline by the deadline on October 18, 2001, then the City Manager is authorized to place the recommendation of revocation of the license on the October 22, 2001 City Council meeting agenda; and

RESOLVED FURTHER, that if the City Council approves the timeline submitted by the license holder then the revocation process shall continue until the restaurant is completed and the owner has provided the City written confirmation that he has the necessary “manager/owner/operator” to open the proposed business; and

RESOLVED FURTHER, that if the license holder meets the approved timeline and has provided the required written confirmation above, then the City Manager is directed to prepare for City Council consideration the application for transfer of location of the license and final determination of the show cause hearing at the next available regular City Council meeting; and

RESOLVED FURTHER, that if the license holder does not comply with any date specified in the timeline, then the City Manager is authorized to place the recommendation of revocation of the license on the next available City Council meeting agenda.  (Motion adopted.)

 

Availability of Additional Liquor License

Jack Duso, Assistant City Manager, presented information on the additional liquor license that was granted the City of Midland as a result of the decennial census counts.  The City of Midland now has a quota of twenty-eight liquor licenses. 

John Rapanos, 1012 W. Sugnet, commented that he believed the City of Midland Currie Municipal Golf Course Club House should apply for the liquor license.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, the results of the federal government’s decennial census conducted on April 1, 2000 show that the population of the City of Midland is 41,685; and

WHEREAS, based upon the census the City has received notification from the State of Michigan Liquor Control Commission that the City’s quota of liquor licenses has been increased from 25 to 28 licenses; and

WHEREAS, the current number of licenses issued in the City of Midland stands at 27 thus creating a situation in which a new liquor license is available for issue; and

WHEREAS, if the City Council intends to approve the issuance of the additional license, the LCC requests that the City Council forward its decision in the form of a resolution certified by the Clerk as the official proceedings of a regular or special meeting with the date of the meeting indicated and the resolution should specify which applicant is recommended “above all others” for the one available license; now therefore

RESOLVED, that the City Manager is hereby directed to do the following:

·         Notify prospective applicants by contacting such organizations as the Midland Area Chamber of Commerce, the Midland Economic Development Council, the Midland Downtown Development Authority, the Midland County Convention and Visitors Bureau, and local restaurants.

·         Request input from these organizations on the application evaluation component of the process

·         Develop a process for application and evaluation of proposals

·         Prepare a timeline for the process

·         Submit a report on the above items at the December 3, 2001 City Council meeting.

(Motion adopted.)

 

Annexation of Lots 1 & 14 of Oakbrook Estates from Larkin Township

Jon Lynch, Director of Planning and Community Development, presented information on the annexation of Lots 1 & 14 of Oakbrook Estates.  John Rapanos, 1012 W. Sugnet, indicated that all lots in Oakbrook Estates are built on and a request for annexation of certain lots would be forthcoming.  Steven Gram, 3567 Oakbrook, inquired about receiving water for parcels within the city limits.  Jon Lynch explained that parcels within the Midland Urban Growth Area (MUGA) but not annexed into the city could not get water.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Lot 1 and Lot 14 of Oakbrook Estates, according to the plat thereof, recorded in Liber N, Pages 23, 24, and 25, Midland County Records, 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk.  (Motion adopted.)

 

Site Plan No. 208

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 208 for an addition to an existing storage facility on the north side of West Wackerly Street west of Dublin Avenue.  The following resolution was then offered by Council Member Coppage and seconded by Council Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 208, the request of Scott Warner, on behalf of MAC Enterprises, for site plan review and approval of an addition to an existing storage facility, with the construction of five new buildings, each of 5,600 square feet, on 2.88 acres on the north side of West Wackerly Street west of Dublin Avenue, with the following conditions:

1.  Site lighting will not be cast off site.

2.  The stormwater retention system will be approved by the Engineering Department; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 208 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. 208, in accord with the revised drawing dated September 5, 2001, subject to the conditions listed above.  (Motion adopted.)

 

Scenic Estates No. 5 - Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received on behalf of American Venture Capital Company, proprietor of Scenic Estates No. 5, to extend the period of time to complete the sidewalk within said subdivision; and

WHEREAS, a financial guarantee in the form of a sidewalk bond is on file; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Scenic Estates No. 5 until November 8, 2003.  (Motion adopted.)

 

Extending “Three Free” Yard Waste Collection

The following resolution was offered by Council Member Coppage 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.)

 

Resignation – Liberto from Planning Commission

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

 

RESOLVED, that the resignation of Sam Liberto as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Liberto for his service on this important Board.  (Motion adopted.)

 

Planning Commission Appointment

Council briefly discussed the candidates for the Planning Commission.  Council agreed to take no action until the October 22, 2001 Council meeting.

 

Local Officers Compensation Commission

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

 

RESOLVED, that Grish Chandra is hereby appointed as a citizen at large member to the Local Officers Compensation Commission for a term to expire June 30, 2008.  (Motion adopted.)

 

Traffic Control Order S-01-03

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

 

RESOLVED, that Traffic Control Order No. S-01-03 filed July 31, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Cambridge Street yield to Boston Street

is hereby made permanent.  (Motion adopted.)

 

2002 City Council Meeting Dates

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2002 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            January 14 and 28                                          February 11 and 25

            March 11 and 18                                             April 8 and 22

            May 6 and 20                                                   June 10 and 24

            July 15 and 22                                                 August 12 and 26

            September 9 and 23                                       October 14 and 28

            November 11 and 25                                      December 9 and 16

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion adopted.)

 


Sale of C.H.O.I.C.E. House at 213 Bradley Court

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 213 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated September 13, 2001, was submitted by Kelly M. Nankervis, in the amount of the appraised value of $83,500.00, plus an amount for needed appliances; 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.)

 

Purchase - Articulated Loader/Tool Carrier

The following resolution was offered by Council Member Coppage 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 an Articulated Loader/Tool Carrier, Bid No. 2520; and

WHEREAS, sufficient funding for the new loader is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Rush Equipment Center of Ellsworth, Michigan in the net amount of $62,950 for the purchase of an articulated loader/tool carrier, with options and including trade-in of city equipment number 6-47, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Contracted Appraisal Services – Dow Chemical Assessment Appeal

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

 

WHEREAS, The Dow Chemical Company has appealed the assessed and taxable value for three individual parcels for the 1999, 2000 and 2001 tax years with the Michigan Tax Tribunal with case numbers of 270871, 270872 and 270873; and

WHEREAS, the appraisal firm of Terzo & Bologna, Inc. is both qualified and available 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, on November 20, 2000 the City Council authorized the City Manager to execute a contract with the above-mentioned firm for its appraisal services in connection with the three tax appeal cases in an amount not to exceed $25,000; and

WHEREAS, following the approval of said contract The Dow Chemical Company appealed the assessed and taxable value for the 2001 tax year which required additional appraisal services from Terzo & Bologna, Inc. thereby increasing the amount due for said services by an additional $3,000.00; and

WHEREAS, sufficient budgetary funding exists within the 2001-2002 general fund budget for The Dow Chemical Company tax appeal cases; now therefore

RESOLVED, that the above-referenced 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 authorization for payment to the appraisal firm of Terzo & Bologna, Inc. for their assistance in connection with the aforementioned appeals is hereby increased to an amount not to exceed $28,000.00.  (Motion adopted.)

 

IFT Transfer Request – Precision Torque Control, Inc.

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

 

RESOLVED, that an application dated September 12, 2001 was received September 18, 2001 from Precision Torque Control, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for the transfer of industrial facilities exemption certificate number 2000-035 from Mason-Loomis Industrial Electric to Precision Torque Control, Inc. within the Eastwick Industrial Park Industrial Development District relating to the transfer of an existing certificate as the result of the building at 220 Arrow Cove being purchased by Brusin, LLC on June 1, 2001 and being leased to Precision Torque Control, Inc. 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 22, 2001, 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.)

 

IFT Transfer Request – The Dow Chemical Company

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

 

RESOLVED, that an application dated September 24, 2001 was received September 26, 2001 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 the transfer of industrial facilities exemption certificate number 93-256 from Marion Merrell Dow, Inc. to The Dow Chemical Company within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to the transfer of an existing certificate as the result of the assets of Marion Merrell Dow, Inc. having been acquired by The Dow Chemical Company 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 22, 2001, 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.)

 

IFT Application – Quebecor World Pendell, Inc.

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

 

RESOLVED, that an application dated September 17, 2001 was received September 18, 2001 from Quebecor World Pendell, Inc. 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 Third Expanded Pendell Printing Industrial Development District No. 1 relating to new facilities including machinery and equipment with the facility intended to provide for upgrading with current technology to increase efficiencies, improve competitiveness and protect market base in the amount of $16,338,000 relating to new facility approval to allow further expansion in the Third Expanded Pendell Printing Industrial Development 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 22, 2001, 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.)

 

IFT Application – The Dow Chemical Company

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

 

RESOLVED, that an application dated September 25, 2001 was received September 26, 2001, 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 replacement of the existing 703 incinerator which is forty years old and 803 incinerator with a new Maximum Achievable Control Technology (MACT) compliant 130 MM BTU/hr system in the amount of $60,000,000 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 22, 2001, 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.)

 

IFT Application – The Dow Chemical Company

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

 

RESOLVED, that an application dated September 26, 2001 was received September 26, 2001, 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 installation of additional equipment including storage tanks, pumps, filtration equipment and piping necessary to expand capacity of the plant that produces Sevalamer Hydrochloride which is the bulk active ingredient in the drug, Renagel to provide for growth in the demand for this product in the amount of $1,100,000 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 22, 2001, 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.)

 

Proposed Amendment to 2001-02 CDBG Budget

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, October 22, 2001, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering amendments to the Community Development Block Grant Budget for the City of Midland for fiscal year 2001-02 by transferring funds as follows:

Transfer from:                                                             Amount

NEMCSA Head Start                                                   $20,000

     (2716 Jefferson)

Affordable Housing Alliance                                        $29,000

      (Granite Club Acres)        

TOTAL                                                                        $49,000

Transfer to:

NEMCSA Head Start                                                   $20,000

    (2001 George Street)

Community Mental Health                                           $20,000

     (2716 Jefferson)

Habitat for Humanity                                                   $  9,000

                        TOTAL                                                                        $49,000

(Motion adopted.)

 

Proposed Amendment to 2001-02 Sanitary Landfill Fund Budget

The following resolution was offered by Council Member Coppage 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. on Monday, October 22, 2001, in the Council Chambers of City Hall on the proposal to amend the 2001-02 Sanitary Landfill Fund budget to increase revenues from working capital by $350,000 and to increase appropriations for the Sanitary Landfill Fund – Cells 9-13 Leachate and Gas Collection System by $350,000.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:29 p.m.

 

 

_____________________________________

            Penny K. Kovacevich, City Clerk