October 14, 2002

 

A regular meeting of the City Council was held on Monday, October 14, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the September 23, 2002 regular and October 8, 2002 special meetings was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

IFT Requests – Dow Chemical Company

Kathleen Paul, City Assessor, presented information on seven Industrial Facilities Exemption requests from The Dow Chemical Company.  A public hearing was opened at 7:10 p.m.  Gary Veurink, Vice President of The Dow Chemical Company, gave a detailed overview of each of the seven projects submitted by The Dow Chemical Company for tax abatements and requested Council consider the requests favorably.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the requests.  The public hearing closed at 7:28 p.m.  The following seven resolutions were then presented for consideration.

 

IFT Request – Dow Chemical Company ($17,790,000)

The following resolution was offered by Council Member Griggs 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 6, 2002, which was received by the City Clerk on September 6, 2002, 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 $17,790,000 and will result in the addition of approximately 5,100 square feet of processing area to an existing building and the installation of special synthesis, purification, and isolation equipment for the production of pharmaceutical nucleic acids 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 14, 2002, 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, 2014; 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.)

 

IFT Request – Dow Chemical Company ($6,350,700)

The following resolution was offered by Council Member Griggs 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 6, 2002, which was received by the City Clerk on September 6, 2002, 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 $6,350,700 and will result in an addition to the 1385 building plus additional equipment including raw material storage tanks, new process equipment and a new process control system for the manufacturing of polymeric light emitting diode compound for use in the electronics industry 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 14, 2002, 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, 2014; 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.)

 

IFT Request – Dow Chemical Company ($2,000,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Industrial Development 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 10, 2002, which was received by the City Clerk on September 12, 2002, 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 $2,000,000 and will result in the purchase of a parallel polymerization reactor with the same being located within the Michigan Division Dow Chemical Company 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 14, 2002, 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 Industrial Development District No. 1 be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2014; 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.)

 


IFT Request – Dow Chemical Company ($1,900,000)

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

 

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 10, 2002, which was received by the City Clerk on September 12, 2002, 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 $1,900,000 and will result in the installation of new equipment and upgrades to existing equipment to add additional capabilities to an existing multi-product bulk pharmaceutical production facility 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 14, 2002, 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, 2014; 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.)

 

IFT Request – Dow Chemical Company ($13,000,000)

The following resolution was offered by Council Member Griggs 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 9, 2002, which was received by the City Clerk on September 12, 2002, 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 $13,000,000 and will result in replacing four vessels with agitators and adding a fifth (blowdown tank) for the production of ethylcellulose together with new instrumentation to improve process safety 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 14, 2002, 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, 2014; 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.)

 

IFT Request – Dow Chemical Company ($1,164,200)

The following resolution was offered by Council Member McKeag 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 13, 2002, which was received by the City Clerk on September 13, 2002, 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 $1,164,200 and will result in the installation of machinery and equipment to support the Engineering Plastics business decision to supply colored resin to customers 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 14, 2002, 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, 2014; 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.)

 

IFT Request – Dow Chemical Company ($2,300,000)

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

 

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 13, 2002, which was received by the City Clerk on September 13, 2002, 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 $2,300,000 and will result in complete upgrades to the existing Saran Suspension Resins Facility required to run the suspension resin assets with improved safety and reliability including the addition of an automated polymerization reaction kill agent addition system, additional reaction heat removal capacity and upgraded instrumentation and process control of the Thermal Oxidation Unit 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 14, 2002, 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, 2014; 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.)

 

Preliminary Plat of Broadhead Estates

Jon Lynch, Director of Planning and Community Development, presented information on a request to provide tentative approval of the preliminary plat of Broadhead Estates.  John Rapanos, 1012 W. Sugnet Road, developer of the project, gave a brief overview of the project.  Theodore Rezmer, 3565 Julie Ann Drive, indicated he had concerns regarding drainage, increased traffic flow and density.  He requested Council either table or reject the preliminary plat.  Michael Papa, 3637 E. Oakbrook Court, felt the proposed housing was not consistent with houses in the Oakbrook Court and Julie Ann Drive areas and requested Council reject the project.  Helen Gibbons, 3664 Julie Ann Drive, requested Council table the request and look at the drainage issue.  Sean Allen, 3658 Julie Ann Drive, felt the housing should be kept in character with other housing in the area.  Stephen Graham, 3567 Oakbrook Court, indicated he was disappointed with density that was given.  Margaret Lee Weick, 3636 Julie Ann Drive, questioned the safety and density of the project and urged Council to not grant the variance.  Lisa Tomsich, 3522 Julie Ann Drive, indicated concerns with overcrowding of schools with the additional housing and questioned the density.  John Rapanos, 1012 W. Sugnet Road, developer of the project, stated that houses in this area would be valued at approximately $250,000 to $300,000.  Council discussed the variance request permitting Broadhead to be located within 600’ of Oakbrook Court as well as an exception from Section 23-60 thereby permitting local street curves of less than 200’ centerline radius and approved the same.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Broadhead Estates; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, in accord with the provisions of Section 23-80 of the Subdivision Ordinance, variances are requested to permit Broadhead to be located within 600’ of Oakbrook Court and to permit local streets having horizontal curves with a centerline radius of less than 200’; now therefore

RESOLVED, that the Midland City Council hereby grants an exception from Section 23-53 of the Subdivision Ordinance, permitting Broadhead to be located within 600’ of Oakbrook Court as well as an exception from Section 23-60 thereby permitting local street curves of less than a 200’ centerline radius; and

RESOLVED FURTHER, that the City Council hereby gives tentative approval to the Preliminary Plat of Broadhead Estates, contingent upon the following conditions:

1.          The subject property is zoned to the City of Midland Residential A-1 zoning classification prior to approval of the Final Plat.

2.         The development agreement includes provisions for installation of a temporary turn around at the end of Broadhead for each phase of development, with exception of the final phase when a permanent cul-de-sac shall be constructed.

3.         The development agreement includes provisions for construction and maintenance of an emergency access road capable of supporting a 60,000 pound vehicle with a minimum surface width of 20’.  Such emergency access road shall be constructed prior to development of any lots east of Lot 27 or Lot 36.

4.          A storm water retention plan and overall drainage is approved by the City Engineering Department.

5.          Provisions of the August 19, 2002 memorandum written by the Fire Chief are complied with.

(Motion adopted.)

 

Phase 4 Storm Sewer System Update Report

Noel Bush, Director of Utilities, presented an overview of the Phase 4 Storm Sewer System Update Report.  William Fagley, 2700 Glendale, indicated he was skeptical of the report.  William Kennett, 4209 Arbor Drive, indicated he benefited from the cleanout; water no longer stands in his back yard.  He urged Council to continue the efforts on storm and sanitary sewer improvements.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, following the intense storm event of June 1996 that caused sanitary sewer backups, overland flooding, and storm sewer backups, the City hired Hubbell, Roth & Clark, Inc. (HRC) to study the existing sanitary and storm sewer systems; and

WHEREAS, a phased study followed, with each phase aimed at identifying potential problems and developing alternatives for improvement; and

WHEREAS, at the September 9, 2002 Council meeting City staff introduced the Phase 4 Storm Sewer System Update Report prepared by HRC, and filed the report in the office of the City Clerk and additional copies were made available at the Grace A. Dow Memorial Library for public inspection; and

WHEREAS, a public hearing was conducted on Monday, October 14, 2002, on the Phase 4 Storm Sewer System Update Report; and

WHEREAS, it is the recommendation of staff that the suggested storm sewer improvements, as outlined in the report, be made to the George Street Basin; now therefore

RESOLVED, that the City Manager is hereby directed to, 1) Undertake a process to obtain the services of a consulting engineer to develop preliminary design and detailed cost estimates, and 2) Prepare a financial plan following the completion of this preliminary engineering work.  (Motion adopted.)

 

Mayor Black called for a short break at 9:28 p.m.

Mayor Black reconvened the meeting at 9:38 p.m.

 

PUBLIC COMMENTS

Public comments started at 9:46 p.m.  The following people spoke in opposition to a Midland County proposal to build a 244 bed multi-county jail off M-20 on property located near Chippewassee School citing safety and security issues:

 

Robert Roese, 604 Shirmor Drive, James Myers, 521 Shirmor, Gerald Manser, 3511 Chippewassee Trail, John Morrison, 5005 Elmer, Shasta Breitkopf, 1608 Chippewa River Road, Michael Mohr, 520 Blue Spruce Lane, Randy Leigeb, 802 Kenny Court, Mary Zeitler, 1561 Ednor Court, James Thompson, 1892 E. Chippewa River Road, Attila Relenti, 516 Bark Lane, Judith Carpenter, 505 Blue Spruce Lane, Matthew Janson, 806 Vance Road, Jonathan Marc Linton, 5000 Elmer Drive, Dana Case, 311 E. Shattuck Lane, William Glasgow, 3928 Marilyn Lane, Mary Thompson, 1892 E. Chippewa River Road, Doreen Boisvert-Cranmer, 520 Blue Spruce Lane, Linda Makocki, 3013 Spruce Street, Jessica from Pomranky Road.  Gerald Manser, 3511 Chippewassee Trail, stated the group did not want to push this potential problem to other areas of the City and asked about possible alternatives and thanked Council for its respect toward the residents and for the opportunity to speak on this issue. 

Public comments ended at 10:40 p.m.

 

Parks and Recreation Fees Ordinance Amendment (1st reading)

Martin McGuire, Director of Public Services, presented information on an ordinance that would add a fee for the off-season rental of the Currie Clubhouse.  Introduction and first reading of the following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                              DIVISION 4.  GENERAL RECREATION

Sec. 21-73.  General recreation fees

        (1)      Adult softball player                                              $  18.00            per player

        (2)      Adult softball player (2nd team)                            $  10.00            per player

        (3)      Each softball team in individual tournaments      $  20.00            per team

        (4)      Youth softball player                                             $    4.00            per player

        (5)      Adult baseball player                                            $  10.00            per player

        (6)      Adult soccer player                                              $    5.00            per player

        (7)      Adult soccer team                                                $  20.00            per team

        (8)      Youth soccer player                                             no charge        

        (9)      Rugby player                                                        $    6.00            per player

        (10)    Ski rental (each 2 hours or part thereof)              $    6.00            per 2 hours

        (11)    Toboggan rental (per hour – 2 hour maximum)   $    4.00            per hour

        (12)    Chalet building rental (2 hour maximum)             $  25.00            per hour

                  After 2 hour minimum                                          $  15.00            per hour

        (13)    Currie West Clubhouse rental            $  50.00            per hour

                  After 2 hour minimum                                   $  35.00            per hour

(14) (13)    Picnic kit deposit                                                  $  15.00            per kit

(15) (14)    Summer play program (entire 8 week program) no charge

(16) (15)    Summer play program (per day charge)             no charge

Section 2.        This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Cemetery Rates, Charges and Fees Ordinance Amendment (1st reading)

Martin McGuire, Director of Public Services, presented information on an ordinance that would establish a rate for interment/disinterment of indigent citizens.  Introduction and first reading of the following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Wazbinski:


ORDINANCE NO.

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 6-20 OF CHAPTER 6 THEREOF.

The City of Midland Ordains:

Section 1.  Section 6-20 of Chapter 6 is amended to read as follows:

CHAPTER 6

Sec. 6-20  Cemetery rates, charges and fees

         The rates, charges and fees for cemetery space and services are as follows:

         (1)  Purchase prices (single grave rates):         Resident          Non-resident

               (a)     Adult space, standard section            $    525.00        $       785.00

               (b)     Adult space, flush marker section            460.00                690.00

               (c)     Infant space, Little Shepherd                    155.00                235.00

               (d)     Cremation space                                      120.00                180.00

         (2)  Perpetual care (added to interment cost when not previously paid):

         (a)     Adult space, standard section            $    175.00        $       262.50

               (b)     Adult space, flush marker section            155.00                232.50

               (c)     Infant space, Little Shepherd                      52.50                  80.00

               (d)     Cremation space                                        40.00                  60.00

         (3)  Interment/disinterment:                                Regular Fee    After 4:00 pm     Saturday

               (a)     Adult                                                    $    485.00                575.00         830.00

               (b)     Child (3’-5’ length)                                    345.00                435.00         690.00

               (c)     Infant (2’-3’ length)                                    220.00                310.00         565.00

               (d)     Inurnment (Cremation)                             125.00                215.00         470.00

(4)   Indigent grave space:

(a)     Adult                                                    $      80.00

      (b)     Infant/child                                                  60.00

(c)     Any resident who is indigent will have one grave space on a Terrace Lot available at a cost of $80 for an adult and $60 for an infant/child with waiver                                                             of the perpetual care fee.  Indigent interment charges will prevail.  Limitations on stone placement apply (4d).

(d)   Monuments or markers shall be permitted upon the graves of persons buried under special rates for indigent status IF EITHER OF THE FOLLOWING OCCURS:  (1)  VETERANS MARKER IS PROVIDED BY THE GOVERNMENT, AND (2) additional payment to the City to equal the cost of an adult space, standard section or the cost of an infant space, Little Shepherd section as applicable, and interment and Perpetual care fees prevailing at the time of Interment.

(5)   Indigent Interment/Disinterment

(a)     Adult or Child                              $    200.00

(6)     (5)  Foundation fees:

               (a)     Minimum Charge (< 300 sq. in.)         $    120.00

               (b)     Cost/square inch (> 300 sq. in.)                  0.40

               (c)     Aprons cost/square inch                              0.15

               (d)     Removals cost/square inch                         0.15

(7)     (6)  Deeds

               (a)     Duplicate deeds                                  $      15.00

               (b)     Transfer of deeds                                       15.00

Section 2         This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Site Plan No. 217 – Birchwood Pointe Apartments

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 217 for Birchwood Pointe Apartments.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 217, the request of Mr. Mike Coulter of NuHorizons Properties, LLC for Birchwood Pointe Apartments for a 24-unit expansion; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 217 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. 217, contingent upon the following conditions:

1.         A minimum of one barrier free parking space is provided in the center island.

2.         The subject parcel of 1.78 acres is integrated into the larger 13 acre site.

3.         Structure height shall not exceed 28’.

4.         Easements determined necessary for the maintenance of public water and sanitary sewer by the Midland Utilities Department are provided in advance of utility construction.

5.         Site lighting will not cast illumination off site.

6.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

 

Site Plan No. 218 – Eagle Ridge Church of God

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 218 for Eagle Ridge Church of God, located at 2808 Waldo Avenue.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 218, the request of Mr. David Bowman, of McKnight Group for Eagle Ridge Church of God, 2808 Waldo Avenue; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 218 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. 218, contingent upon the following conditions:

1.         Provisions of the August 28th Fire Chief’s memo will be met.

2.         Solid waste removal methods are identified.

3.         Site lighting will not cast illumination off site.

4.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

5.         Sidewalk is provided along Waldo Avenue.

(Motion adopted.)

 

Preliminary Plat of City Forest Estates Time Extension

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

 

WHEREAS, the City Council has received a request from Roy E. Wise, President of Wiskin Development, Inc., proprietor of City Forest Estates, for a one-year time extension approval for the Preliminary Plat of City Forest Estates; and

WHEREAS, the current approval expired March 5, 2002; and

WHEREAS, the City Council has reviewed the request for the time extension of the Preliminary Plat of City Forest Estates; now therefore

RESOLVED, that the City Council does hereby approve the one-year time extension until March 5, 2003, for the Preliminary Plat of City Forest Estates.  (Motion adopted.)

 

Rating Criteria for Infrastructure Extensions & Project Requests

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

 

WHEREAS, a report has been received from the City Engineer indicating that requests for infrastructure improvements will be received until November 15, 2002; and

WHEREAS, specific evaluation criteria developed by City staff will be used to assess the readiness of proposed development parcels; now therefore

RESOLVED, that City Council accepts the Rating Criteria for Infrastructure Extensions and authorizes the City Manager to accept project requests until November 15, 2002.  (Motion adopted.)

 

Traffic Control Order R-02-08

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

 

RESOLVED, that Traffic Control Order No. R-02-08 filed July 18, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Wackerly Street from 750 feet east of Stark Road to Stark Road be posted at 35 m.p.h.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order S-02-11

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

 

RESOLVED, that Traffic Control Order No. S-02-11 filed July 18, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Hollyberry Drive shall stop for Foster Road.

is hereby made permanent.  (Motion adopted.)

 

“Three Free” Fee Waiver

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

 

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.)

 

West Main Street Historic District Commission Appointment

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

 

RESOLVED, that Harold Filipiak is hereby appointed as a Citizen-at-Large member to the West Main Street Historic District Commission to fill an unexpired term expiring June 30, 2004.  (Motion adopted.)

 

Fourth Access Channel for use by Midland Public Schools

Jack Duso, Assistant City Manager, presented information on a request from the Midland Public School System for start-up funding for implementation of an educational channel.  The following resolution was then presented by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, a survey of cable subscribers conducted in March 1999 indicated that subscribers are interested in an access channel focusing on schools; and

WHEREAS, activation of a fourth channel for use by the Midland Public Schools has been endorsed by the Cable Access Advisory Commission; and

WHEREAS, the Midland Public Schools Board of Education unanimously approved the implementation of an educational channel subject to start-up funding approved by the City Council; and

WHEREAS, the Midland Public Schools Board of Education is requesting $40,500 in the first year and $20,000 per year for the next several years; now therefore

RESOLVED, that the City Council hereby approves the request from the Midland Public Schools and authorizes the City Manager to take the necessary steps to implement a fourth access channel designated for use by the Midland Public Schools; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute an agreement between the Midland Public Schools and the City of Midland as prepared by the City Attorney.  (Motion adopted.)

 

2002 Perrine & Moorland Reconstruction Construction Inspection Change Order

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

 

WHEREAS, current staffing levels within the Engineering Department, along with an above normal construction season, required that professional services for construction engineering inspection during the “2002 Perrine & Moorland Reconstruction, Contract No. 19” be obtained from a consultant; and

WHEREAS, on June 10, 2002, City Council approved the issuance of a purchase order to R.C. Engineering of Saginaw, Michigan in the amount of $28,804 for professional construction engineering inspection services; and

WHEREAS, the duration of this project has extended longer than anticipated and additional funds in the amount of $6,000 are required to cover the excess engineering inspection services; and

WHEREAS, funding for said project is to be provided by the Major Street Fund, Local Street Fund and the Water Fund; now therefore

RESOLVED, that a change order in the amount of $6,000 be approved to Purchase Order No. 9120 to R.C. Engineering, Inc. of Saginaw, Michigan to cover the additional professional construction engineering inspection services required to complete this project.  (Motion adopted.)

 

Purchase – Sewer Truck

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

 

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 Single Axle Sewer Jet Truck, Bid No. 2623; and

WHEREAS, sufficient funding for the new sewer truck is included in the 2002-03 Equipment Revolving Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Jack Doheny Supplies, Inc. of Northville, Michigan in the net amount of $102,140 for the purchase of a single axle sewer jet truck, including trade-in of city equipment number 3-25, in accordance with the proposal and city specifications.  (Motion adopted.)

 


Purchase Order Amendment – Bituminous Mixture #2

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in several Street Fund budgets; now therefore

RESOLVED, that the low bid meeting City specifications submitted by Valley Asphalt Company of Midland, Michigan for loading onto City trucks, at a Midland site, approximately 1,000 tons of bituminous mixture #2 for hot mix patching at a cost of $27.77 per ton is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to amend Purchase Order #9119 to Valley Asphalt Company up to the amount of $27,770 in accord with the proposal and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder.  (Motion adopted.)

 

Purchase - Softball Field Fencing for St. Charles Softball Complex

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for softball field fencing, Bid No. 2627; and

WHEREAS, sufficient funding for the fencing is included in the donated funds for the St. Charles softball complex; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Midland Fence Co. of Midland, Michigan in the amount of $76,500 in accordance with the proposal and city specifications.  (Motion adopted.)

 

Zoning Petition No. 494

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 11, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on October 25, 2002 and to publish said notice on October 26, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A COMMUNITY ZONING WHERE A LIMITED COMMERCIAL, MANUFACTURING AND RESEARCH AND RESIDENTIAL A-1 DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Beg on the South line of Section 8, T14N, R2E, City of Midland, Midland County, Michigan, 520 ft, East of the East 1/8 line; thence North 495 ft; thence West 265 ft.; thence North 150 ft.; thence West to the East 1/8 line; thence North to the south 1/8 line; thence East 400 ft; thence North 225 ft, thence East 263.73 ft; thence North 274.9 ft; thence East 38.22 ft; thence North 160 ft; thence East 622.3 ft to the East Section line; thence South along the East Section Line of Sections 8 and 17, T14N, R2E, City of Midland, Midland County, Michigan to a point 35.86 ft. South of the Northeast corner of Section 17; thence North 87 deg 21 ft West 142.16 ft.; thence South 59 deg 30 ft West 417.79 ft; thence North 87 deg 24 ft West 473.15 ft; thence South 2 deg 52 ft West to the North R/W line of West St. Andrews Road; thence Northwesterly along the said North R/W line to the East 1/8 line of Section 17; thence North along the East 1/8 line to the North Section Line of Section 17 and the South Section Line of Section 8, 520 ft. to the POB except:  beg South 2 deg 52 ft West 577.56 ft and North 87 deg 21 ft West 963.92 ft. from the Northeast corner of Section 17, T14N, R2E, City of Midland, Midland County, Michigan; thence Northwesterly on an arc with a curve to the right with a 360 ft. radius, 383.43 ft.; thence North 23 deg 29 ft West 131.86 ft.; thence North 2 deg 50 ft. West 113.65 ft; thence South 87 deg 8 ft. East 364.76 ft.; thence south 2 deg 52 ft West 431.56 ft to the POB.

be, and the same is hereby changed to Community.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Being no further business the meeting adjourned at 11:14 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk