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.
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Council members present: |
Drummond Black, John Coppage, Mary Currie, Marty Wazbinski |
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Council members absent: |
Hollis McKeag (excused) |
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.)
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.)
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.)
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.)
No action taken on this item.
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:
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
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
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
Investment in Assets $ 22,676
(Motion adopted.)
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.)
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.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
Council briefly discussed the candidates for the Planning
Commission. Council agreed to take no
action until the October 22, 2001 Council meeting.
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.)
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.)
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.)
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.)
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.)
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