October 22, 2001

 

A regular meeting of the City Council was held on Monday, October 22, 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 October 8, 2001 regular meeting was offered by Council Member Currie and seconded by Council Member Coppage.  (Motion adopted.)

 

20th Birthday of the Tridge

Selina Tisdale, Community Relations Coordinator, introduced Denise Spencer, President and CEO of the Midland Area Community Foundation.  Denise Spencer presented Mayor Black with a plaque on the occasion of the 20th Birthday of the Tridge.

 

Together for Kids Week

Selina Tisdale, Community Relations Coordinator, introduced Chris Walter of the Midland County Educational Service Agency.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating November 3 – 10, 2001 as Together For Kids Week in Midland.  (Motion adopted.)  Mayor presented Chris Walter with the proclamation.

 

Precision Torque Control Inc. – IFT Transfer Request

Kathleen Paul, City Assessor, presented information on the request to transfer Industrial Facilities Exemption Certificate 2000-035 from Mason-Loomis Industrial Electric to Precision Torque Control, Inc.   A public hearing opened at 7:13 p.m.  Mike Scott, owner of Precision Torque Control, Inc., presented information about the company and spoke in support of the transfer.  Jenee Velasquez of the Midland Economic Development Council spoke in support of the transfer.  The hearing closed at 7:20 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the Eastwick Industrial Park Industrial Development District was established by resolution of the Midland City Council on December 18, 1989; and         

WHEREAS, Precision Torque Control, Inc. made an application dated September 12, 2001, which was received by the City Clerk on September 18, 2001, requesting that the City of Midland approve the transfer of Industrial Facilities Exemption Certificate number 2000-035 which was previously granted to Mason-Loomis Industrial Electric; and

WHEREAS, the application for the certificate transfer is a 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. with a total estimated cost of this project being $300,167.24 which is real property with the same being located within the Eastwick Industrial Park Industrial Development District ; 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 October 22, 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; now therefore

RESOLVED, that the City Council of the City of Midland approves the transfer of Industrial Facilities Exemption Certificate 2000-035 from Mason-Loomis Industrial Electric to Precision Torque Control, Inc. as a 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 conditioned upon the executed assignment of the February 1, 2000 Public Act 198 Agreement between Mason-Loomis Industrial Electric and the City of Midland to Precision Torque Control; and

RESOLVED FURTHER, that said application for the transfer of Industrial Facilities Exemption certificate 2000-035 to Precision Torque Control, Inc. is hereby approved for a period of 11 years with an ending date of December 30, 2012.  (Motion adopted.)

 

Dow Chemical Company – IFT Transfer Request

Kathleen Paul, City Assessor, presented information on the request to transfer Industrial Facilities Exemption Certificate 93-256 from Marion Merrell Dow, Inc. to The Dow Chemical Company.  A public hearing opened at 7:24 p.m.  Gary Veurink, Site Director at Dow Chemical Michigan Operations and Jenee Velasquez of the Midland Economic Development Council, both spoke in support of the transfer.  The public hearing closed at 7:29 p.m.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and  

WHEREAS, The Dow Chemical Company made an application dated September 24, 2001, which was received by the City Clerk on September 26, 2001, requesting that the City of Midland approve the transfer of Industrial Facilities Exemption Certificate 93-256 which was previously granted to Marion Merrell Dow, Inc.; and

WHEREAS, the application for the certificate transfer is a result of the assets of Marion Merrell Dow, Inc. having been acquired by The Dow Chemical Company with a total estimated cost of this project being $8,300,000 which was $1,800,000 in real property and $6,500,000 in personal property that included machinery and equipment with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No 1; 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 October 22, 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; now therefore

RESOLVED, that the City Council of the City of Midland approves the transfer of Industrial Facilities Exemption Certificate 93-256 from Marion Merrell Dow, Inc. to The Dow Chemical Company as a result of the assets of Marion Merrell Dow, Inc. having been acquired by The Dow Chemical Company; and

RESOLVED FURTHER, that said application for the transfer of Industrial Facilities Exemption certificate 93-256 to The Dow Chemical Company is hereby approved for a period of 4 years with an ending date of December 30, 2005; 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.)

 

Quebecor World Pendell, Inc. – IFT Request

Kathleen Paul, City Assessor, presented information on the request for an Industrial Facilities Exemption Certificate from Quebecor World Pendell, Inc.   A public hearing opened at 7:32 p.m.  Richard Pendell, Controller at Quebecor World Pendell, Inc., presented information about the company and spoke in support of the exemption certificate request.  Jenee Velasquez of the Midland Economic Development Council spoke in support of the request.  The public hearing closed at 7:40 p.m.   The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the Third Expanded Pendell Printing Industrial Development District No. 1 was established by resolution of the Midland City Council on March 21, 1994; and        

WHEREAS, Quebecor World Pendell, Inc. made an application dated September 17, 2001, which was received by the City Clerk on September 18, 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 total project cost of $16,338,000, which is entirely new personal property and will provide for upgrading with current technology to increase efficiencies, improve competitiveness and protect market base with the same being located within the Third Expanded Pendell Printing Industrial Development District No 1; 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 October 22, 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 or an industrial rehabilitation 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 or an industrial plant rehabilitation 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 Quebecor World Pendell, Inc. 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 Quebecor World Pendell, Inc. for 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 Quebecor World Pendell, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

Dow Chemical Company – Two IFT Requests

Kathleen Paul, City Assessor, presented information on the requests for two Industrial Facilities Exemption Certificates from The Dow Chemical Company.  A public hearing for both requests opened at 7:44 p.m.  Gary Veurink, Site Director at Dow Chemical Michigan Operations and Jenee Velasquez of the Midland Economic Development Council, spoke in support of the requests.  Art Smith, 3404 Washington Street, spoke against the exemption certificates.  The public hearing closed at 8:05 p.m.  The following two resolutions were then presented for consideration.

 

Dow Chemical Company – IFT Request ($60,000,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and  

WHEREAS, The Dow Chemical Company made an application dated September 25, 2001, which was received by the City Clerk on September 26, 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 $60,000,000 and will result in the replacement of the existing 703 incinerator which is forty years old and 803 incinerator with a new Maximum Achievable Control Technology (MACT) complaint 130 MM BTU/hr system with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; 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 October 22, 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 district was duly established within the City of Midland 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 plant rehabilitation 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; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; 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 new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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.)

 

Dow Chemical Company – IFT Request ($1,100,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and  

WHEREAS, The Dow Chemical Company made an application dated September 26, 2001, which was received by the City Clerk on September 26, 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 $1,100,000 and will result in 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 with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; 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 October 22, 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 district was duly established within the City of Midland 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 plant rehabilitation 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; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; 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 new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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.)

 

2001-02 CDBG Budget Amendment

Cheri Standfest, Planning Administrative Assistant, presented information on the proposed Community Development Block Grant budget amendment.  A public hearing opened at 8:17 p.m., no comments were made, the hearing closed at 8:18 p.m.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED, that a public hearing has been advertised to consider amending the Community Development Block Grant Budget for the City of Midland for fiscal year 2001-02 by allocating funds for NEMCSA Head Start, Midland/Gladwin Community Mental Health, and Habitat for Humanity; now therefore

RESOLVED, that the Community Development Block Grant Budget is hereby amended 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:                                                     Amount

                        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.)

 

 

2001-02 Sanitary Landfill Fund Budget Amendment

Noel Bush, Director of Utilities, presented information on the proposed Sanitary Landfill budget amendment.  A public hearing was opened at 8:26 p.m., no comments were made, the hearing closed at 8:27 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, 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, a public hearing was conducted on Monday, October 22, 2001, on the proposal to amend the 2001-02 Sanitary Landfill Fund budget to increase revenues from working capital and to increase appropriations for the 2001-02 Sanitary Landfill Fund budget - Cells 9-13 Leachate and Gas Collection System; now therefore

RESOLVED, that the 2001-02 Sanitary Landfill Fund budget is hereby amended to increase revenues from working capital by $350,000 and to increase appropriations for the 2001-02 Sanitary Landfill Fund budget - Cells 9-13 Leachate and Gas Collection System by $350,000.  (Motion adopted.)

 

PUBLIC COMMENTS

Doug Rausch, 4518 James Drive, thanked John Coppage for his service on the City Council for the past twelve years.  Dick Phillips, 2283 Old Pine Trail, thanked John Coppage and Council for extending the reach of the city water to Larkin Township. 

 

Council took a short break at 8:30 p.m. and reconvened at 8:40 p.m.

 

Planning Commission Appointment

Mayor Black presented a request from Carol Svenson to allow her to fill the vacancy on the Planning Commission for the term expiring June 30, 2004, thus creating a vacancy in her current term expiring June 30, 2002.  No action was taken on this request.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that Troy Dowling is hereby appointed as a citizen at large member to the Planning Commission to fill an unexpired term expiring June 30, 2004.  (Motion adopted.)

 

Zoning Board of Appeals Appointment

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

 

RESOLVED, that Camila Montoya is hereby appointed to the Zoning Board of Appeals as an alternate member to fill an unexpired term expiring June 30, 2002.  (Motion adopted.)

 

Annual Gun Show & Sale at Civic Arena

Marty McGuire, Director of Public Services, presented information on the request that a contract not be offered in 2002 for the Annual Gun Show and Sale at the Midland Civic Arena.  Steve Houseal, President of the Midland Sportsman Club; Jim Murphy, 421 Starr Road, Edenville; John Rapanos, 1012 W. Sugnet; all spoke in support of contract issuance.  Ralph Hignite, 1304 George Street, spoke against contract issuance.  Council Member Wazbinski stated his concern that the event was penalized for being successful and a 2002 contract should be issued to allow time for show organizers to work out parking problems.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, community concern has been expressed regarding the traffic and parking issue associated with non-ice events at the Midland Civic Arena; and

WHEREAS, public discussion and staff study have confirmed that the Annual Gun Show and Sale results in significant on-street parking in the neighborhood; and

WHEREAS, attempts by the show organizer to develop a plan to address the concern has not been satisfactory to the Parks and Recreation Commission; and

WHEREAS, the Parks and Recreation Commission, at their meeting of October 9, 2001, passed a resolution by a vote of 5-3, recommending that a contract not be offered for the 2002 Gun Show and Sale, due to its size; now therefore

RESOLVED, that the staff is hereby directed to notify the organizers of the 2002 Gun Show and Sale that no contract will be offered by the Civic Arena for the event. (Motion adopted.  Yeas:  Black, Coppage, Currie    Nays:  Wazbinski)

 

B.B. Banucks Liquor License – Timeline for Completion

Jack Duso, Assistant City Manager, presented information on the timeline for completion of the restaurant facility submitted by the owner of B.B. Banucks liquor license.  John Rapanos, 1012 W. Sugnet, spoke in support of his submitted timeline.  After a discussion between Council and John Rapanos, the deadline for the liquor license to be issued and the restaurant opened was changed to February 28, 2002.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, in accord with a City Council resolution adopted October 8, 2001, Mr. John A. Rapanos submitted a timeline for completion and opening of a restaurant facility with a transferred liquor license in the name of B B Banucks at 5103 Eastman Avenue; and

WHEREAS, at its October 22, 2001 meeting the City Council considered the submitted timeline and determined that the dates submitted by Mr. Rapanos were unsatisfactory; now therefore

RESOLVED, that if the restaurant facility associated with the transfer of the B B Banucks liquor license to 5103 Eastman Ave. is not open for business with the liquor license in use and all state and local governmental requirements finally met on or before Thursday, February 28, 2002, then the City Council shall immediately consider a recommendation to the Liquor Control Commission to revoke the B B Banucks liquor license.  (Motion adopted.)

 

Genji Japanese Steak House, L.L.C. – Liquor License

Jack Duso, Assistant City Manager, presented information on the request from Genji Japanese Steak House, L.L.C. for transfer of ownership of the 1999 Class C licensed business located in escrow at 2929 S. Saginaw Road.  Mark Maddox, Attorney for the Pi family and Genji L.L.C., spoke of his error in completing the criminal information submitted for Fu-An Pi and the expungement of the offense by Fu-Shan Pi.  Fu-Hai (Henry) Pi, Manager of Genji Japanese Steak House, spoke on the plans for the restaurant.  Jim St. Louis, Chief of Police, spoke on expungement and unsuccessful attempts in getting records from the Chicago Police.  Council Member Currie moved, seconded by Council Member Wazbinski, the resolution to recommend disapproval of the request to transfer ownership of the 1999 Class C licensed business located in escrow at 2929 S. Saginaw Road.  After a discussion between Council and City Manager Karl Tomion, the following resolution to recommend approval of the request to transfer ownership of the 1999 Class C licensed business was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, That the request from GENJI JAPANESE STEAK HOUSE, L.L.C. to transfer ownership of 1999 Class C licensed business with Dance-Entertainment Permit, located in escrow at 2929 S. Saginaw, Midland, MI  48640, Midland County, from LEVI’S OF MIDLAND, INC. (Step II).  and request to CANCEL the Dance-Entertainment Permit be considered for approval.  (Motion adopted.)

 

Parking Lot Agreements – First United Methodist Church

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

 

RESOLVED, that the Mayor and City Clerk be authorized to execute the attached Grant of License agreement for the Jerome Street Parking Lot and the Driveway and Parking Lot Agreement License Agreement between the First United Methodist Church and the City of Midland.  (Motion adopted.)

 

Easement Agreements – Homestead Estates Condominiums

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

 

RESOLVED, that the City Council of the City of Midland accepts Easement Agreements from Triton Builders for a sanitary sewer line and a water main to serve Homestead Estates Condominiums; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to sign said agreements on behalf of the City of Midland; and

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

 

Annexation – Eight Parcels from Homer Township

Mark Ostgarden, City Planner, presented information on the request for annexation of property located west of Stark Road between North Saginaw Road and the US-10 Expressway.  The following resolution was offered by Council Member Coppage 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:

Beginning at the intersection of the North Section line of Section 2, T14N, R1E, Homer Township, Midland County, Michigan, and the South right-of-way line of the US-10 Highway; thence Southeasterly along said right-of-way and its line extended to the East Section line of said Section 2; thence South along the said East line to the intersection with the extended North right-of-way line of North Saginaw Road; thence Northwesterly along said right-of-way line to a point 581 feet West of the East Section line; thence North to the North 1/8 line; thence West along the North 1/8 line to the North right-of-way line of North Saginaw Road; thence Northwesterly along said right-of-way line to the intersection with the East 1/8 line; thence North along the East 1/8 line to the Center line of East Wackerly Road; thence East along said Center line to the North Section line of said Section 2; thence East along said North Section line to the Point of Beginning,  

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 Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than those petitioning, 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 Homer; 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.)

 

2001 Bogel Drive Improvement Special Assessment District

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

 

RESOLVED, that action on the 2001 Bogel Drive Improvement Special Assessment District is hereby postponed until the City staff has resolved outstanding issues related to the project.  (Motion adopted.)

 


2003 Men’s Major Fastpitch National Championship

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

 

RESOLVED, that the request of the Midland Redcoats for support of the 2003 Men’s Major Fastpitch National Championship, is granted, to include the following:

  1. Use of Emerson Park, Aug. 1-3, 2003.
  2. The right to charge admission for the event.
  3. The right to operate a beer concession.
  4. Support of the Parks and Recreation staff to operate the tournament.

(Motion adopted.)

 

Peace Pole in Chippewassee Park

Marty McGuire, Director of Public Services, presented the request from the Interfaith Council to withdraw their request for a Peace Pole.  The item was withdrawn and no action was taken.

 

MidMichigan Visiting Nurse Association Hospice – Non-Profit Status

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

 

RESOLVED, that the request from MidMichigan Visiting Nurse Association Hospice of  Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion adopted.)                                       .

 

Pedestrian Signal Installation – (M-20 and  B.R. US-10)

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

 

WHEREAS, on July 23, 2001, City Council awarded a contract to RCL Construction, Inc. of Sanford, Michigan for the 2001 Jerome Street Parking Lot, Contract No. 5 which was revised to include the widening of Jerome Street between Ellsworth Street and Buttles Street; and

WHEREAS, the widening of Jerome Street requires that the traffic signals located at the intersection of Jerome Street and Buttles be relocated; and

WHEREAS, funding for this work will be provided by the Michigan Department of Transportation; and

WHEREAS, we have received a quote from J. Ranck Electric, Inc. to complete this work for $22,316.00; now therefore

RESOLVED, that City Council waive competitive bids required by Section 2-18 of the City Ordinance as impractical for this work; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to execute an emergency purchase order in the amount of $22,316.00 to complete this work.  (Motion adopted.)

 

Change Order No. 2 – 2001 Jerome Street Parking Lot; Contract No. 5

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

 

WHEREAS, on July 23, 2001, City Council awarded a contract to RCL Construction, Inc. of Sanford, Michigan for the 2001 Jerome Street Parking Lot, Contract No. 5 for the construction of the new parking lot including widening of Jerome Street from south of Larkin Street to Ellsworth Street; and

WHEREAS, a report has been received from the City Engineer recommending that Jerome Street be widened between Ellsworth Street and Buttles; and

WHEREAS, funding for this work will be provided by Spencer Oil and the Midland Economic Development Council; and

WHEREAS, the summary amount of contract changes increases the project cost by  $21,074.00; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 2 to the 2001 Jerome Street Parking Lot; Contract No. 5, in the amount of $21,074.00.  (Motion adopted.)

 

Purchase – Eight Police Cars

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

 

WHEREAS, bi-annual bids for automobiles and light duty vehicles are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of eight police cars 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 the State of Michigan’s selected vendor, Vollman Ford of Portland, Michigan in the amount of $169,141.12 for the purchase of eight police cars, all in accordance with the State of Michigan’s Extended Purchase Program contract award and specifications.  (Motion adopted.)

 

Purchase – Commercial Refuse Truck

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Commercial Refuse Truck, Bid No. 2535; and

WHEREAS, sufficient funding for the new truck 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 Diesel Truck Sales of Saginaw, Michigan in the net amount of $126,848.25 for the purchase of a commercial refuse truck, including trade-in of city equipment number 3-27, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Payment for Accounting Services (Dow Corning Tax Appeal)

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000 and 2001 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the public accounting firm of Plante and Moran, LLP, are required to assist the City in its defense of Dow Corning’s appeals; and

WHEREAS, on June 25, 2001, the City Council authorized payment for said services in connection with the 1996, 1997, 1998, 1999 and 2000 appeals in an amount not to exceed $196,000; now therefore

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

RESOLVED FURTHER, that payment to Plante and Moran, LLP, for continued professional services in connection with the aforementioned defense of the Dow Corning Corporation is hereby authorized in an amount not to exceed $236,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $40,000 within the 2001-2002 General Fund budget from the Appraisal Fees account in the Dow Corning Tax Appeal activity to the Audit Fees account in the Dow Corning Corporation Tax Appeal activity.  (Motion adopted.)

 


Payment for Accounting Services (Dow Chemical Tax Appeal)

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

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000 and 2001 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the public accounting firm of Plante and Moran, LLP, are required to assist the City in its defense of The Dow Chemical Company’s appeals; and

WHEREAS, on June 25, 2001, the City Council authorized payment for said services in connection with the 1996, 1997, 1998, 1999 and 2000 appeals in an amount not to exceed $50,000; now therefore

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

RESOLVED FURTHER, that payment to Plante and Moran, LLP, for professional services in connection with the aforementioned defense of The Dow Chemical Company is hereby authorized in an amount not to exceed $75,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $56,140 within the 2001-2002 General Fund budget from the Appraisal Fees account in The Dow Chemical Tax Appeal activity to the Audit Fees account in The Dow Chemical Company Tax Appeal activity.  (Motion adopted.)

 

NEW BUSINESS

Mayor Black and Karl Tomion thanked John Coppage for his dedication and service to City Council.

 

Being no further business the meeting adjourned at 10:39 p.m.

 

 

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            Sandy Marshall, Deputy City Clerk