June 9, 2003

 

A regular meeting of the City Council was held on Monday, June 9, 2003, 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 May 19, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

NATIONAL FLOOD INSURANCE PROGRAM AWARD

Mark Ostgarden, City Planner, gave an overview of the National Flood Insurance Program.  Joy Brooks, Department of Environmental Quality, Geological and Land Management Division, presented Mayor Black with a plaque from the National Flood Insurance Program to commemorate the City of Midland’s efforts in floodplain management.  The City’s commitment to participation in additional activities regarding floodplain management has improved the community’s CRS rating from Class Nine to Class Six.  The three class improvement means that flood insurance policy holders will receive a 20% discount in premiums instead of 5%.

 

BROWNFIELD REDEVLEOPMENT ZONE – DOW CORNING

Jack Duso, Assistant City Manager and Brian McManus, City Engineer, gave an overview of a request from the Dow Corning Corporation for a Brownfield Redevelopment Zone and Plan.  The Plan involves construction to build and modify processes for the production of Silicone Intermediates to be built on a contaminated site located within the Dow Corning Midland Plant in Midland, Michigan.  Prior to holding the public hearing and discussions on the issue, Council Member Wazbinski, an employee of the Dow Corning Semi-Conductor Plant in Hemlock, requested that Council allow him to abstain from voting on the Brownfield Redevelopment Zone and Plan for the Dow Corning Corporation.  Council unanimously agreed to the abstention.  A joint public hearing for the Brownfield Redevelopment Zone and Plan and the request for an Industrial Facilities Exemption Certificate for Dow Corning opened at 7:24 p.m.  Marci Sewell, Project Sponsor for Dow Corning, gave an overview of the Brownfield Redevelopment request and the intended uses for the property and gave her support to the Brownfield Redevelopment request and the Industrial Facilities Exemption request.  Joseph Mulders, Tax Supervisor for Dow Corning and Katharine Czarnecki, Economic Development Manager for the Midland Economic Development Council, spoke in support of the Brownfield Redevelopment Zone and Plan for Dow Corning Corporation and for the Industrial Facilities Exemption.  The hearing closed at 7:40 p.m.  The following resolution was offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council of the City of Midland, by Resolution adopted on April 28, 2003, (the “Resolution of Intent”), determined that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of economically and environmentally distressed areas so as to promote revitalization in an area of the City of Midland described in the Resolution of Intent as the “Proposed Brownfield Redevelopment Zone,” and declared its intention to provide for the operation of a Brownfield Redevelopment Authority for the City of Midland (the “Authority”) pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, on this date, pursuant to and in accordance with the Act and the Resolution of Intent, the City Council held a public hearing, notice of which was given as required by Section 4(2) of the Act, on the adoption of a resolution designating the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers (the “Brownfield Redevelopment Zone”); and

WHEREAS, all citizens, taxpayers and property owners of the City of Midland and officials of the affected taxing jurisdictions had the right and opportunity to be heard at the public hearing on the designation of the boundaries of the Brownfield Redevelopment Zone; and

WHEREAS, the City Council desires to proceed with the designation of the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers, all pursuant to and in accordance with the Act; now therefore

RESOLVED, that the Authority shall exercise its powers within the Brownfield Redevelopment Zone, the area of the City of Midland more particularly described and depicted on the map attached to and made a part of this Resolution as Exhibits A and B; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and

RESOLVED FURTHER, that the City Clerk is hereby directed to file a certified copy of this resolution and attachments with the Secretary of State of Michigan promptly after adoption and to take all other actions incident upon such adoption pursuant to applicable charter or other provisions.  (Motion adopted.  Yeas:  Black, Currie, Griggs, McKeag   Nays:  None   Abstained:  Wazbinski)

 

BROWNFIELD REDEVELOPMENT PLAN – DOW CORNING

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

 

WHEREAS, the Brownfield Redevelopment Authority (the “Authority”) of the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) pursuant to and in accordance with Section 13 of the Act, to be carried out within the Brownfield Redevelopment Zone (the “Zone”) described in the Plan and more particularly described on Exhibits “A” and “B” hereto; and

WHEREAS, the Authority has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to and fully informed the taxing jurisdictions in which the Zone is to be located and which are affected by the Financing Plan (the “Taxing Jurisdictions”) about the fiscal and economic implications of the proposed Financing Plan, and the City Council has previously provided to the Taxing Jurisdictions a reasonable opportunity to express their views and recommendations regarding the Financing Plan and in accordance with Sections 13(10) and 14(1) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.                  The Plan constitutes a public purpose under the Act;

B.                 The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Taxing Jurisdictions, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached as Exhibit C to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.  (Motion adopted.  Yeas:  Black, Currie, Griggs, McKeag    Nays:  None   Abstained:  Wazbinski)

 

DOW CORNING INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE APPLICATION

Roger Elbers, Deputy City Assessor, presented information on an application from the Dow Corning Corporation for an Industrial Facilities Exemption Certificate.  Prior to holding the public hearing and discussions on the Dow Corning request, Council Member Wazbinski, an employee of the Dow Corning Semi-Conductor Plant in Hemlock, requested Council allow him to abstain from voting on the issue.  Council unanimously agreed to the abstention.  A joint public hearing for the Brownfield Redevelopment Zone and Plan and the request for an Industrial Facilities Exemption Certificate for Dow Corning opened at 7:24 p.m.  Marci Sewell, Project Sponsor for Dow Corning, gave an overview of the Brownfield Redevelopment request and the intended uses for the property and gave her support to the Brownfield Redevelopment request and the Industrial Facilities Exemption request.  Joseph Mulders, Tax Supervisor for Dow Corning and Katharine Czarnecki, Economic Development Manager for the Midland Economic Development Council, spoke in support of the Brownfield Redevelopment Zone and Plan for Dow Corning Corporation and for the Industrial Facilities Exemption.  The hearing closed at 7:40 p.m.  The following resolution was offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the Dow Corning Corporation Industrial Development District was established by resolution of the Midland City Council on February 23, 1981; and

WHEREAS, the Dow Corning Corporation made an application dated May 9, 2003, which was received by the City Clerk on May 9, 2003, 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 $3,400,000, which includes $3,300,000 in new personal property and $100,000 in building improvements with the same being located within the Dow Corning Corporation Industrial Development District.  This project will increase manufacturing capacity of a silicone product used primarily in the personal care industry; 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 June 9, 2003, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by the Dow Corning Corporation 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 Corning Corporation for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2015; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Dow Corning Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.  Yeas:  Black, Currie, Griggs, McKeag    Nays:  None   Abstained:  Wazbinski)

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington and owner of a business located at 601 S. Saginaw Road, stated that at least one-half of his outlawn at the business address was damaged because of snow removal and the excessive use of salt, he indicated that he did not feel he should pay to correct a problem created by salt usage.

 

DILLOWAY DRIVE WIDENING PROJECT

Brian McManus, City Engineer, presented information on the Dilloway Drive Widening Project.  According to Mr. McManus’ correspondence to Council, homeowners on Dilloway Drive requested that the City revisit the Dilloway Drive Widening Project, which was originally approved as part of the 2002-03 Construction Projects List.  The widening project was initiated in December 2001 following citizen comments that City Council received during Wolverine Bank’s request to place an entrance drive on the northeast side of Dilloway Drive.  During the process to approve this request, residents along Dilloway Drive east of Eastman Avenue commented on concerns about the amount of traffic on this roadway and also expressed concerns that the addition of a bank driveway would compound traffic problems already existing on Dilloway.  Traffic studies conducted in October 2001 indicated left turn movements from westbound Dilloway motorists became more frequent than through and right turn movements during certain time periods.  Stan Cool, the City’s Traffic Consultant, reviewed the studies and recommended left turn lanes at this intersection be constructed to alleviate traffic congestion.  Due to the construction season and funding issues, the project along with its funding, was moved to the 2003-04 Construction Projects Priorities List, which Council again approved at the February 10, 2003 Council meeting.  On April 9, 2003, prior to beginning the Dilloway Drive Widening Project, the City Engineering Department held a neighborhood meeting with residents who would be directly affected by the construction.  At this meeting the Engineering Department reviewed the construction process, the timeline and discussed the need for removing and replacing approximately eight outlawn trees in the construction area.  At this meeting residents opposed to the project were told they could contact their representative or appear at any City Council meeting.  On May 19, 2003 Council approved the Dilloway Drive Reconstruction Contract, no one appeared at this meeting to oppose the contract.  Residents appeared at the June 9, 2003 Council meeting to voice their objections to the project.  Mr. McManus indicated that it would take 6 to 8 weeks to complete the project. 

Kimberly Loebig, 1709 Dilloway Drive, Sonya Davis, 5700 Warwick Street, Laurie Smith, 1800 Dilloway Drive, Mark Bachman, 2001 Dilloway Drive, James Mason, 1811 Dilloway Drive, Roland Halm, 1705 Dilloway Drive, John Oates, 1701 Dilloway Drive, Tom Kullgren, 1305 Dilloway Drive, David Nuechterlein, 2102 Dilloway Drive, Patti Klein, 2004 Dilloway Drive, Angelina Noyle, 1700 Dilloway Drive, Elizabeth Kornacki, 1305 Dilloway Drive, all spoke in opposition to the Dilloway Drive Widening Project for Dilloway Drive west of Eastman Road.  (Individual comments made by citizens and Council Members at this meeting regarding the Dilloway Drive Widening Project are on videotape, filed in the Clerk’s Office with the June 9, 2003 Council meeting packet.)   Council took no action on the Dilloway Drive Widening Project.

 


ADDRESSES – ORDINANCE AMENDMENT (1st reading)

Mark Ostgarden, City Planner, gave an overview of proposed amendments to Article IV of Chapter 22 Addresses and Chapter 34-5 Municipal Civil Infractions.  Susan Henzel, Director of 911 Midland County Central Dispatch, spoke in support of the proposed ordinance amendments.  Introduction and first reading of the following ordinance amendment adding a new article and section called Addresses under Article IV of Chapter 22, Sections 22-70 and 22-71 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 adding a new article WHICH NEW ARTICLE SHALL BE DESIGNATED AS ARTICLE IV OF CHAPTER 22, THEREOF. 

The City of Midland Ordains:

Section 1. Article IV is hereby added to read as follows:

ARTICLE IV. ADDRESSES

Section 22-70 Addresses.

addresses within the City of Midland shall be assigned by the City. 

SECTION 22-71 MUNICIPAL CIVIL INFRACTION.

OWNERS OF PROPERTY HAVING AN ADDRESS NOT ASSIGNED BY THE CITY OF MIDLAND are responsible for a municipal civil infraction, and shall be subject to Section 34-5 of the City of Midland Code of Ordinances.  Nothing in this Section shall be construed to limit the remedies available to the City in the event of a violation by a person of this Ordinance.

Section 2. THIS ORDINANCE SHALL TAKE EFFECT UPON PUBLICATION.  (Motion adopted.  Considered first reading.)

 

CIVIL INFRACTIONS (ADDRESSES) – ORDINANCE AMENDMENT (1ST reading)

Introduction and first reading of the following ordinance amendment was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 34-5 MUNICIPAL CIVIL INFRACTIONS OF CHAPTER 34 BY ADDING SECTION 34-5(6) OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1. Section 34-5 of Chapter 34 is hereby amended to read as follows:

Sec. 34-5. Municipal civil infractions.

A violation of any of the following provisions of the city code shall be a municipal civil infraction:

(1)               Chapter 8, Uniform Fire Code.

(2)               The city zoning ordinance.

(3)               Chapter 29, Stormwater Runoff Regulation and Control.

(4)               Section 22-2 of Article I of Chapter 22, Sign placement in the city right-of-way areas.

(5)               Article VI, Chapter 15, Telecommunications.

(6)               ARTICLE IV, CHAPTER 22, ADDRESSES.

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

 


SEWER RATE ORDINANCE AMENDMENT (1ST reading)

Noel Bush, Director of Utilities, presented a proposed amendment to Section 28-163, Division 3 – Rates for the City of Midland Sewer Ordinance.  Introduction and first reading of the following ordinance amending the Sewer Ordinance was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 RATES, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 Rates, of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

     5/8" – ¾"

 $29.62

1"

 38.51

1 – ½"

 47.39

2"

 77.01

3"

 296.20

4"

 385.06

6"

 562.78

8"

 799.74

 (2) In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:                                         $1.28

                                                                                                                         $1.37

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2003.  (Motion adopted.  Considered first reading.)

 

SANITARY LANDFILL ORDINANCE AMENDMENT – (1ST reading)

Noel Bush, Director of Utilities, presented a proposed amendment to the Midland Sanitary Landfill Ordinance.  Introduction and first reading of the following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-34 AND REPEALING SECTION 21-35 OF ARTICLE I OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.  Section 21-34 of Article I of Chapter 21 of the Code of Ordinances is hereby amended to read as follows:


Sec. 21-34. Sanitary landfill disposal fees.

(a)        Landfill disposal fees. Before being permitted to dispose of refuse, all vehicles seeking to discharge refuse at the city's sanitary landfill shall present the proper identification to the landfill attendant indicating THAT THE REFUSE WAS GENERATED WITHIN THE CITY OF MIDLAND OR MIDLAND COUNTY the generating location of the refuse and pay the attendant a fee as follows:

Type of Vehicle REFUSE

Tipping DISPOSAL Fee Schedule

 

 

 

City/County

*Nonresident

 

 

 

Resident

 

 

(1)*

GENERAL REFUSE DELIVERED IN A Passenger car, furnished camper

$ 3.50 3.00

$  7.00

 

(2)*

GENERAL REFUSE DELIVERED IN A Pickup, panel van, or trailer (under 3 yards), residential only

3.50 3.00

7.00

 

 

* ONE LOAD PER MONTH PER ADDRESS OF THREE CUBIC YARDS OR LESS OF GENERAL REFUSE AND YARD WASTE MAY BE DISPOSED AT NO CHARGE TO THE RESIDENT, WHICH SHALL BE COMPENSATED BY THE CITY’S GENERAL FUND.  ONE APPLIANCE MAY BE INCLUDED AS PART OF THE THREE FREE YARDS.  ADDITIONAL LOADS AND REFUSE IN EXCESS OF THREE YARDS SHALL BE CHARGED ACCORDING TO THE DISPOSAL FEE SCHEDULE.

 

 

(3)

General refuse (per cubic yard)

6.00 5.50

12.00

 

(4)

CONSTRUCTION AND Demolition material; FOUNDRY SAND (per cubic yard)

12.00 10.00

24.00

 

(5)

Packer vehicles (per cubic yard) city/contractors

9.00 8.50

18.00

 

(6)

Used Tires (per each):

 

 

 

 

  Passenger car TIRE

5.00

10.00

 

 

  Truck tire

10.00

20.00

 

 

  Heavy equipment tire

15.00

30.00

 

(7)

Yard waste (per cubic yard):

3.00

6.00

 

 

  Grass clippings, leaves, brush, garden wastes, trees and branches

 

 

 

 

  NOTE: City vehicles exempt from yard waste fees

 

 

 

(8)

Appliances (per each)

10.00  7.00

20.00

 

(9)

Contaminated soil/asbestos (per cubic yard)

15.00 12.00

30.00

 

(10)

Fee for sharps containers (per each)

3.50 3.00

7.00

 

(11)

Wastewater/ AND water sludges/STREET DIRT (per cubic yard):

 

12.00 10.00

24.00

 

 

Street dirt

12.00

24.00

(12)

BULK MEDICAL WASTE (INCLUDES COMPACTED)

10.00

 

(13)

SCRAP METAL (EXCLUDES APPLIANCES)

   3.00

 

            (B)       *THE DISPOSAL FEES ABOVE SHALL BE DOUBLED Ffor refuse collected outside Midland County, but authorized by the city manager to be disposed at the city's landfill, or for local units of government in Midland County not having a solid waste disposal agreement with the city.

(b)(C)  Landfill disposal fee calculation. The landfill disposal fee is based upon the generating location of the refuse, the type of material and the size of the load, as estimated DETERMINED by the landfill personnel.

(c)(D)  CONSTRUCTION AND Demolition material. CONSTRUCTION AND Ddemolition material is ARE hereby defined as broken concrete, brick, masonry, pavement, roofing, DRYWALL, WOOD, PANELING, used building materials and other materials designated by the utilities director or his agent.

(E)       YARD WASTE.  YARD WASTE IS HEREBY DEFINED AS GRASS CLIPPINGS, LEAVES, BRUSH, GARDEN WASTE, TREES AND BRANCHES SMALLER THAN 12 INCHES IN DIAMETER AND 8 FEET LONG.

(d)(F)   Landfill disposal fee billing administration. Regular landfill users WITH AN ACCOUNT IN GOOD STANDING shall be issued charge cards and shall be billed monthly for their disposal fees. A penalty of two (2) percent of the bill, with a minimum of five dollars ($5.00) and a maximum of two hundred dollars ($200.00), shall be added to bills not paid to the city treasurer within thirty (30) days of the date of the billing. Access to the landfill for disposal shall be prohibited if the bill remains unpaid for more than sixty (60) days of the date of billing.  TO REGAIN ACCESS TO THE LANDFILL ALL OUTSTANDING INVOICES (INCLUDING THOSE LESS THAN 60 DAYS OLD) SHALL BE PAID IN FULL.  CUSTOMERS WITH AN ACCOUNT NOT IN GOOD STANDING SHALL PAY CASH, CERTIFIED CHECK OR MONEY ORDER FOR EACH LOAD.

Sec. 21-35.  Same—Exemption from landfill tipping fees.

Upon approval by the director of public works, vehicles hauling separated materials that may be reused, recycled or composted may be exempt from landfill tipping fees.

Section 2.  This ordinance shall take effect July 1, 2003.  (Motion adopted.  Considered first reading.)

 

PUD #15 – CAROLINA COVE CONDOMINIUMS

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Planned Unit Development No. 15.  Carol Moore Miller, from ReMax Realty, spoke in support of the Planned Unit Development.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council gave tentative approval to the Preliminary Plat for Planned Unit Development No. 15 for Carolina Cove Condominiums, the request of Clifford Reese of Shiloh Land Development, LLC for 47 residential units in 30 buildings, to be built on 6.74 acres west of Abbott Road, north of Betsey Drive and south of Alta Court on February 10, 2003; and

WHEREAS, a recommendation for approval from the Planning Commission at its meeting on Tuesday, May 27, 2003 has been received; now therefore

RESOLVED, that the Midland City Council does hereby give final approval to the Planned Unit Development No. 15, in accordance with Section 23-15 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the conditions of City Council’s tentative approval of the Preliminary Plat specified in the February 10, 2003 resolution shall also apply to final approval of the Planned Unit Development.  (Motion adopted.)

 

CDBG FUNDS – SUB RECIPIENT AGREEMENTS

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

 

WHEREAS, the 2003-04 Community Development Block Grant budget provides funds to the Reece Community Living Endeavor, the Salvation Army, West Midland Family Center, the Literacy Council, Midland Area Homes, Safe Haven Outreach Center, and the Council on Domestic Violence and Sexual Assault (Shelterhouse), for the purposes of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City.  (Motion adopted.)

 

ANNEXATION (N. PERRINE RD) FROM LARKIN TOWNSHIP

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

 

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

SECTION 31, T15N R2E COMMENCING 1,014.48 FEET SOUTH OF THE NORTH ¼ CORNER THEN SOUTH 289.74 FEET, NORTH 89 DEGREES 26 MINUTES WEST 310 FEET, NORTH 289.62 FT, SOUTH 89 DEGREES 27 MINUTES EAST 310 FEET.

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

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

 

AMENDED ADMINISTRATIVE CONSENT ORDER – FLOW MONITORING STUDY

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

 

WHEREAS, on August 23, 1999, the Midland City Council entered into an Administrative Consent Order (ACO-SW99-014) with the Michigan Department of Environmental Quality (MDEQ) as a result of a settlement arising from allegations by the MDEQ of sewer discharge violations; and

WHEREAS, one of the requirements of the ACO was to implement a Flow Monitoring Study to characterize the capacity of the City's collection system, and a completion date for the study was to be May 1, 2002 with provisions for an extension of one year; and

WHEREAS, the monitoring results compiled up to the original submittal due date were insufficient, the City requested and was granted an extension of one year, making the new submittal deadline May 1, 2003; and

WHEREAS, as the May 1, 2003 due date approached for submitting the Flow Monitoring Study the City still had not experienced a storm of sufficient size and duration to allow the City's consultant to characterize the collection system, and City staff contacted the MDEQ requesting an additional extension; and

WHEREAS, an amendment to the ACO was drafted making October 1, 2004 the new due date to submit the results of the Flow Monitoring Study to the MDEQ; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Amended Administrative Consent Order to ACO-SW99-014, making October 1, 2004 the new due date for submitting the Flow Monitoring Study to the MDEQ.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER D-03-02

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

 

RESOLVED, that Traffic Control Order No. D-03-02 filed March 28, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal control at the intersections of Jefferson Avenue and Sugnet Street, Wheeler Street, Wackerly Street, and Joe Mann Boulevard shall operate in “color” mode from 6:30 a.m. to 10:00 p.m. daily, 7 days per week.

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER D-03-03

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

 

RESOLVED, that Traffic Control Order No. D-03-03 filed March 28, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal control at the intersections of Wheeler Street and Washington Street, and Wheeler Street and Swede Avenue shall operate in “color” mode from 6:30 a.m. to 10:00 p.m. daily, 7 days per week.

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-05

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

 

RESOLVED, that Traffic Control Order No. S-03-05 filed March 27, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Ellsworth Street shall stop for Lyon Road and Lyon Road stop for Ellsworth Street, thus making a three-way stop.

is hereby made permanent.  (Motion adopted.)

 

JULY 2003 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2003; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2003 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

JULY 2003 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2003; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2003 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

JULY 2003 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2003; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2003 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

JULY 2003 TAX LEVY – BAY-ARENAC

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2003; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2003 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

JULY 2003 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2003; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2003 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

JULY 2003 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2003 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

             1994 Street Improvement                                                            $    3,506.23

             1996 Street Improvement                                                                  5,968.77

             1999 Street Improvement                                                                  2,607.00

             2001 Street Improvement                                                                  7,061.05

             2002 Street Improvement                                                                41,699.96

                        Subtotal Street Improvement Rolls                                  $  60,843.01

Sanitary Sewer Improvement Rolls

             1994 Sanitary Sewer Improvement                                             $    2,613.88

             1996 Sanitary Sewer Improvement                                                   3,357.37

             1998 Sanitary Sewer Improvement                                                   2,663.06

             2001 Sanitary Sewer Improvement                                                   1,045.55

             2002 Sanitary Sewer Improvement                                                 34,187.89

                        Subtotal Sanitary Sewer Improvement Rolls                   $  43,867.75

Water Main Improvement Rolls

             1995 Water Main Improvement                                                   $    1,180.42

             1998 Water Main Improvement                                                       24,421.86

             1999 Water Main Improvement                                                         2,693.09

             2002 Water Main Improvement                                                       28,164.66

                        Subtotal Water Main Improvement Rolls                         $  56,460.03

Sidewalk Improvement Rolls

             1998 Sidewalk Improvement                                                             2,450.16

             2000 Sidewalk Improvement                                                             1,469.13

             2001 Sidewalk Improvement                                                             1,927.80

                        Subtotal Sidewalk Improvement Rolls                            $     5,847.09

2003 Downtown Economic Revitalization Roll (SARA)                          $   36,006.74

Accounts Receivable Roll                                                                       $     8,275.10

TOTAL SPECIAL ASSESSMENT ROLL                                               $  211,299.72

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2003 General Fund Tax Roll Accounts Receivable.  (Motion adopted.)

 

EMPLOYEE ASSISTANCE PROGRAM CONTRACT

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

 

WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for fifteen years; and

WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and

WHEREAS, in accordance with Section 2-l9 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore

RESOLVED, that the proposed contract between the City of Midland and Lona McLuckie, for the annualized value of $37,286.04, effective July l, 2003 through June 30, 2004, for the provision of Employee Assistance Program services, is hereby approved and the Mayor and City Clerk are authorized to execute the final document.  (Motion adopted.)

 

LABOR AGREEMENT – POLICE OFFICERS LABOR COUNCIL/COMMAND GROUP

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Officers Labor Council/Midland Police Command Group for labor contract changes effective July 1, 2002 and expiring June 30, 2005; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion adopted.)

 

ST. CHARLES PARK LIGHTING AGREEMENT

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

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of lighting at the St. Charles Softball Complex; and

WHEREAS, the Midland Softball Association, the Herbert H. and Grace A. Dow Foundation, the Rollin M. Gerstacker Foundation, and the Charles J. Strosacker Foundation have pledged funds for this project; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute a contract with Helm Electric in the amount of $411,000 for the installation of lights at the St. Charles Softball Complex; and

RESOLVED FURTHER, that the City Manager may approve change orders which decrease the cost of the project or which increase the project by not more than a total of $20,000.  (Motion adopted.)

 

CALCIUM OXIDE PURCHASE – WATER TREATMENT PLANT

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

 

WHEREAS, sealed bids for the contract of Water Treatment Plant - Calcium Oxide, Bid No. 2667, for the period July 1, 2003 to June 30, 2004, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been requested in the 2003/2004 Water Fund Budget account  #591-8162-811.76-56 - Chemicals; now therefore

RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of Chicago Heights, Illinois for the indicated price per ton of  $82.01 for up to 1,250 tons per year, at a total annual contract amount not to exceed $111,350.00, is hereby accepted and a purchase order is authorized.  (Motion adopted.)

 

MEDC ECONOMIC DEVELOPMENT SERVICES CONTRACT

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

 

RESOLVED, that the Mayor Pro Tem and City Clerk are authorized to execute an agreement for the year July 1, 2003, through June 30, 2004, with the Midland Economic Development Council for economic development services at a cost to the City not to exceed $85,000.  (Motion adopted.)

 


2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-third day of June, 2003, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-third day of June, 2003, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

CLOSED SESSION – PENDING LITIGATION

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

 

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion adopted by a Roll Call Vote.)

 

Being no further business the meeting adjourned to a closed session at 9:55 p.m.

 

 

______________________________________

Penny K. Kovacevich, City Clerk