September 8, 2003

 

A regular meeting of the City Council was held on Monday, September 8, 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 August 25, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

EXCELLENCE IN SKILLED NURSING CARE WEEK

Selina Tisdale, Community Relations Coordinator, introduced Brenda LaVigne, Administrator, Tendercare Midland.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating September 21 – 27, 2003, as Excellence in Skilled Nursing Care Week in Midland.  (Motion adopted.)  Mayor Black presented Ms. LaVigne with the proclamation.

 

MID-YEAR SAFETY PROGRESS REPORT

Gussie Peterson, Employee Safety and Health Manager, presented the Midyear Progress Report of the City Safety Program.

 

MANAGER’S SAFETY LEADERSHIP AWARD

Paula Speese, Human Resources Director, introduced Dennis Lauer, recipient of the seventh annual City Manager’s Safety Leadership Award.  The following resolution was offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

IN RECOGNITION

WHEREAS, the City Manager has established the Safety Leadership Award to annually recognize a City employee or employee group for exceptional efforts and achievements in promoting safety for City of Midland employees; and

WHEREAS, this award is dedicated to the memory of Ted Wejrowski, who lost his life working as an employee of the City of Midland; and

WHEREAS, the City of Midland Employee Health and Safety Action Committee has selected Dennis Lauer, Right-of-Way Inspector for the Engineering Department, as the seventh annual recipient of this award due to his significant and ongoing contributions to City and Engineering Department safety programs; and

WHEREAS, the City Manager, Karl Tomion, presented the award to Dennis at the City safety picnic on July 30, 2003; now therefore

RESOLVED, that the Midland City Council acknowledges the exceptional contributions that Dennis Lauer has made to the City and Engineering Department safety programs and congratulates him for being the seventh annual recipient of the award.  (Motion adopted.)  Mayor Black presented Dennis Lauer with the resolution of recognition.

 

2004 GUN SHOW

Martin McGuire, Director of Public Services, presented information on the request from the Midland County Sportsman’s Club to hold a Gun Show at the Civic Arena in 2004.  James Branson, City Attorney, presented an overview of his Attorney Opinion Letter regarding the Parks and Recreation Facility Charter Provision 5.7.  A public hearing opened at 7:27 p.m.  Ted Stokich, representing the Midland County Sportsman’s Club, presented a brief overview of the club’s plans to address the parking problems.  Harry McCaffrey, 1308 Wildwood Street, Steve Houseal, 6011 Summerset Court, John Strahl, 118 W. Campbell Court, Michael Laursen, 3655 Oakbrook Drive, spoke in support of the gun show’s return to the Civic Arena.  Tom Wright, 3712 Robinhood Terrace, questioned why the arena was built with limited parking.  Steve Walter, 1300 George Street, Ken Suhr, 1614 State Street, Ann Hignite, 1304 George Street, spoke on the traffic and parking problems during the gun show.  Chuck Hepenstal, 1317 North Parkway, spoke on his concern of the illegal commercial use of the arena, the incidental recreation provided by the gun show, and the charter violation.  Richard McCreadie, 2700 Washington Street, spoke on his concern for the charter and against the request for the gun show at the arena.  Brad Sauve, 868 N. Francis Shores, Garth Wonsitler, 1507 E. Brooks Road, Charles Thornton, 3601 Letts Road, spoke in support of the gun show as a recreational event.  Charles Elder, 5303 Sturgeon Creek Parkway, questioned if golf balls were sold at the golf course.  The public hearing closed at 8:23 p.m.  Council Member Currie requested the Midland Sportsman’s Club include the Memorial Presbyterian Church parking lot in the no parking areas to be monitored by the club and to provide Council with copies of the advertising flyers.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Wazbinski:

 

WHEREAS, on October 22, 2001 the City Council passed a resolution that a contract not be offered to the organizers of the Midland Gun Show due to its size; and

WHEREAS, on July 21, 2003 the City Council heard a presentation from the Midland County Sportsman’s Club concerning a request to hold a Gun Show at the Civic Arena in 2004; and

WHEREAS, City staff have met with the organizers to address concerns associated with past Gun Shows; and

WHEREAS, the Parks and Recreation Commission discussed the issue in a meeting on August 26, 2003 and recommended by a vote of 3-2 “to recommend that the Gun Show be held in 2004 at the Civic Arena provided that the City Attorney rules that it can be held in the Civic Arena; and

WHEREAS, the City Attorney has ruled that the Gun Show is an acceptable use of the Civic Arena; now therefore

RESOLVED, that the staff is hereby authorized to enter into a contract with the Midland Sportsman’s Club to host a Gun Show at the Midland Civic Arena in 2004.  (Motion adopted.)

 

DOW CORNING CORP – IFT APPLICATION

Roger Elbers, Deputy City Assessor, presented information on the request from Dow Corning Corporation for an Industrial Facilities Exemption Certificate.  Council Member Wazbinski requested that he be allowed to abstain from voting on this item because he is an employee of Hemlock Semiconductor, a subsidiary of Dow Corning Corporation.  Council unanimously agreed to the abstention.  A public hearing opened at 8:38 p.m.  Joe Mulders, Tax Supervisor, Dow Corning Corporation, and Katharine Czarnecki of Midland Economic Development Council, spoke in support of the Industrial Facilities Exemption Certificate.  The public hearing closed at 8:44 p.m.  The following resolution was then 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 July 23, 2003, which was received by the City Clerk on July 24, 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 $900,000, which includes new personal property with the same being located within the Dow Corning Corporation Industrial Development District.  This project will install the necessary equipment and controls and refurbish mixer #15 in the 207 Building in order to have increased capability to produce and ensure an uninterrupted supply of 3-6396 LSR (rubber); 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 September 8, 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)

 

2003 ISABELLA SANITARY SEWER IMPROVEMENT SPECAIL ASSESSMENT ROLL

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

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "2003 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $8,498.16 and that the total estimated cost of said improvements is $17,000.00, and the City at large cost is $8,501.84; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2004, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 2.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

PUBLIC HEARING ON ZONING PETITION NO. 502 AND NO. 503

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Zoning Petition No. 502 for property located at 1351 East Saginaw Road and Zoning Petition No. 503 for property located at 1649 E. Saginaw Road.  A public hearing was opened at 9:17 p.m.  Terry Humpert, owner of Midland Fence Company, spoke of the need for more commercial property in that area and in support of the proposed zoning.   The public hearing closed at 9:19 p.m.  The following two ordinance amendments were then presented for consideration.

 

ZONING PETITION NO. 502

After Council discussion on Zoning Petition No. 502 and the City’s Master Plan, Council Member Wazbinski moved, seconded by Council Member Currie, to amend the ordinance and change Office-Service 2 to Residential A-1.   (Motion adopted.  Yeas:  Black, Currie, Griggs, Wazbinski   Nays: McKeag).  The following amended ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. 1565

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 AN OFFICE SERVICE-2 WHERE A TOWNSHIP ZONING 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:

T14N R1E LOT 11 TIMBER LANE SUB, HOMER TWP, CITY OF MIDLAND, MICHIGAN.

be, and the same is hereby changed to Residential A-1.

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.  (Ordinance adopted.  Yeas:  Black, Currie, Griggs, Wazbinski    Nays:  McKeag)

 

ZONING PETITION NO. 503

After Council discussion on Zoning Petition No. 503 and the City’s Master Plan, Council Member Wazbinski moved, seconded by Council Member Currie, to amend the ordinance and change Business B-2 to Residential A-1.  (Motion adopted.  Yeas:  Black, Currie, Wazbinski   Nays:  Griggs, McKeag).  The following amended ordinance amendment was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1566

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 RESIDENTIAL A-1 AND BUSINESS B-2 WHERE A TOWNSHIP ZONING 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:

BEGINNING AT THE CENTER OF SECTION 1, T14N R1E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, THENCE SOUTH 2 DEGREE 19 MINUTES WEST 368.06 FEET; THENCE WEST 163.5 FEET, THENCE NORTH PARALLEL TO THE NORTH-SOUTH ¼ LINE OF SAID SECTION 1 TO THE EAST AND WEST ¼ LINE OF SAID SECTION 1; THENCE EAST TO THE POB, BEING A PART OF THE NE ¼ OF THE SW ¼ OF SECTION 1, T14N, R1E.

be, and the same is hereby changed to Residential A-1.

COMMENCING AT THE CENTER OF SECTION 1, T14N, R1E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN; THENCE SOUTH 2 DEGREE 19 MINUTES WEST 368.06 FEET TO THE POB; THENCE SOUTH 2 DEGREE 19 MINUTES WEST 815.17 FEET TO THE NORTH R/W LINE OF NORTH SAGINAW ROAD (OLD U.S. 10); THENCE NORTH 54 DEGREE 52 MINUTES WEST 200 FEET ALONG SAID R/W; THENCE NORTH PARALLEL TO THE NORTH-SOUTH ¼ LINE OF SAID SECTION 1 700 FEET; THENCE EAST TO THE POB BEING A PART OF THE NE ¼ OF THE SW ¼ OF SAID SECTION 1, T14N, R1E.

be, and the same is hereby changed to Residential A-1.

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.  (Ordinance adopted.  Yeas:   Black, Currie, Wazbinski   Nays:  Griggs, McKeag)

 

Mayor Black called a ten-minute recess at 9:45 p.m.

 

Meeting resumed at 9:58 p.m.

 

PUBLIC COMMENTS

No comments were made.

 

2003 CUB STREET IMPROVEMENT PROJECT

Council Member Currie motioned, seconded by Council Member Wazbinski, to take the matter of necessity for the Cub Street Improvement project from the table.  (Motion adopted.)  Brian McManus, City Engineer, presented information on the Cub Street Improvement project.  Betty Sczepanski, 1603 Pheasant Ridge Drive and Dean Schweigert, 5101 Cub Court, spoke against the proposed project.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated August 11, 2003, said street being:

            CUB STREET                from Pheasant Ridge Drive to the end of the cul-de-sac

and has heretofore established one special assessment district designated:

“2003 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 25, 2003, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Cub Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of forty thousand dollars ($40,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be fourteen thousand six hundred fifty-six dollars ($14,656.00) and that all other costs and expenses of said improvement amounting to twenty-five thousand three hundred forty-four dollars ($25,344.00) shall be borne and paid by special assessment on all lands and premises in said “2003 Cub Street Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

“2003 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.   (Motion denied.  Yeas:  Wazbinski   Nays:  Black, Currie, Griggs, McKeag)

 

2003 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

No action taken.  Cub Street Improvement project necessity denied.

 

2003 DUBLIN SANITARY SEWER IMPROVEMENT PROJECT

Council Member Wazbinski motioned, seconded by Council Member Griggs, to take the matter of necessity for the Dublin Sanitary Sewer Improvement project from the table.  (Motion adopted.)  Brian McManus, City Engineer, presented information on the Dublin Sanitary Sewer Improvement project.  Mr. and Mrs. Lawrence Nelson, 4107 Dublin Avenue, spoke in support of the proposed project.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated August 11, 2003, said street being:

                   DUBLIN AVENUE             from Countryside Drive to 610 feet north

and has heretofore established one special assessment district designated:

     “2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT             DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 25, 2003, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Dublin Avenue is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-three thousand dollars ($73,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be forty-nine thousand six hundred twenty-nine and 76/100 dollars ($49,629.76) and that all other costs and expenses of said improvement amounting to twenty-three thousand three hundred seventy and 24/100 dollars ($23,370.24) shall be borne and paid by special assessment on all lands and premises in said 2003 Dublin Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT             DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

Roger Elbers, Deputy City Assessor, presented information on the special assessment roll for the 2003 Dublin Sanitary Sewer Improvement Special Assessment District.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

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 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer 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-ninth day of September, 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-ninth day of September, 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.)

 

SCENIC ESTATES SUBDIVISION NO. 4 – SIDEWALK TIME EXTENSION

Council Member Wazbinski motioned, seconded by Council Member Currie, to take the matter of extension of time for sidewalk completion in Scenic Estates Subdivision No. 4 from the table.  (Motion adopted.)  Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on the request for extension of time for completion of sidewalk in Scenic Estates Subdivision No. 4.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, a written request has been received from John Rapanos, a proprietor of Scenic Estates Subdivision No. 4 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Scenic Estates Subdivision No. 4 until April 1, 2004, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 22, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

FOSTER WOODS SUBDIVISION – SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from Greg Weckesser on behalf of North Central Development Company, a proprietor of Foster Woods Subdivision to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Foster Woods Subdivision until September 10, 2005, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 22, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

FOSTER WOODS SUBDIVISION NO. 2 – SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from Greg Weckesser on behalf of North Central Development Company, a proprietor of Foster Woods Subdivision No. 2 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Foster Woods Subdivision No. 2 until September 10, 2005, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 22, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

HEARTHSTONE ESTATES SUBDIVISION NO. 3

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

 

WHEREAS, a written request has been received from David Rapanos, a proprietor of Hearthstone Estates Subdivision No. 3 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Hearthstone Estates Subdivision No. 3 until September 18, 2004, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 23, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER P-03-08

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

 

RESOLVED, that Traffic Control Order No. P-03-08 filed June 2, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Wheeler Street from 100' west of Claremont Street to Foster Road

 is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-07

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

 

RESOLVED, that Traffic Control Order No. S-03-07 filed June 11, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That “Stop Here on Red” control be provided on Carpenter Street between Jerome Street and Suncrist Street at stop bars located 75’ east and west of the center of the Carpenter School crosswalk

is hereby made permanent.  (Motion adopted.)

 

LIBRARY AUTOMATION SERVICES

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

 

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2003/2004 requirements for on-line automation services, including membership, terminal port connections, filtering software, and records database maintenance for the automated acquisition, catalog and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $110,000 and the necessary purchase order authorized.  (Motion adopted.)

 

LIBRARY SERVICES FROM MIDEASTERN MICHIGAN LIBRARY COOPERATIVE

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

 

WHEREAS, the Mideastern Michigan Library Cooperative provides a necessary and valuable service to the library; and

WHEREAS, said services are not offered through other organizations; and

WHEREAS, funding for these services is provided in the 2003/2004 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the requirement for competitive bids is hereby waived in accordance with Section 2-18 of the Code of Ordinances for services from the Mideastern Michigan Library Cooperative for the Grace A. Dow Memorial Library, is approved in an amount not to exceed $38,000 and the necessary purchase order authorized.  (Motion adopted.)

 

OCCUPATIONAL HEALTH NURSE SERVICES

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

 

WHEREAS, the City of Midland has designated the MidMichigan Urgent Care Center-Midland as its primary medical care facility for occupational health services; and

WHEREAS, the City has purchased occupational health nursing services from the Center since 1992; and

WHEREAS, it is recommended by the Human Resources staff to continue this relationship due to its positive impact on controlling Workers’ Compensation costs; and

WHEREAS, these services are deemed to be professional services in accordance with Section 2-19 of the Code of Ordinances, and do not require a competitive bid process; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to approve the purchase order to the MidMichigan Urgent Care Center for the services of an occupational health nurse at the rate of $32.25/hour for a maximum of 832 hours or $26,832 for fiscal year 2003-04.  (Motion adopted.)

 

WHOLESALE WATER SERVICE AGREEMENTS

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

 

WHEREAS, the Board of Trustees of the Saginaw-Midland Municipal Water Supply Corporation (Corporation) decided that in conjunction with the City of Standish wholesale contract renegotiation it would be a good opportunity to evaluate all its standardized wholesale agreements to strengthen areas of the language regarding excessive use, maintenance, liability issues, and to extend the contract maturity dates to January 15, 2045; and

WHEREAS, in accordance with the operating agreement between the City of Midland and the Corporation, the City must approve all wholesale water contracts; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the standardized wholesale raw water service agreements between the Saginaw-Midland Municipal Water Supply Corporation and the following entities:  City of AuGres, City of Omer, Linwood Metropolitan Water District, and Sims-Whitney Utilities Authority, subject to approval by the City Attorney.  (Motion adopted.)

 

ALTERNATIVE COVER - LANDFILL

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

 

WHEREAS, the Michigan Department of Environmental Quality requires the placement of a protective barrier between the daily waste received and the environment; and

WHEREAS, staff's long-term planning includes options to extend the life of existing and future fill capacity, and therefore have considered alternate daily cover (ADC) systems that utilize inert chemical mixtures to provide the protective barrier; and

WHEREAS, on June 3, 2003 sealed bids were received and opened for Bid No. 2674 - Alternative Cover Spray System, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and

WHEREAS, funds for the equipment are available in the 2003/04 Landfill Capital Outlay – Equipment account, and funds for the spray material are available in the 2003/04 Operating Supplies – Daily Cover account; now therefore

RESOLVED, that the low sealed proposal submitted by Enviro Group of Greenwood, Indiana for the indicated equipment amount of $18,950.00, is hereby accepted and authorizes the purchase of one truck load of spray material in the amount of $19,800.00 (90 drums x $220.00/unit), bringing the total purchase order authorization to $38,750.00 ; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase order for additional materials purchases in an aggregate amount not to exceed $10,000.00.  (Motion adopted.)

 

SAND HAULING TO LANDFILL

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

 

WHEREAS, on January 21, 2003 City Landfill staff had the opportunity to purchase 20,000 yards of washed classified sand from the General Motors Corporation in Saginaw at a cost of $3.21 per cubic yard, which is lower than the $4.00 rate for similar material the City accepted when bids were received in November 2002; and

WHEREAS, in March of this year  Cells 15-19 were redesigned resulting an increase in the surface area of the cell floors, requiring an additional 13,000 yards of sand for covering the liner system; and

WHEREAS, Doc Heinz Contracting of Saginaw, Michigan has offered to extend the original proposal of $3.21 per yard for the purchase and hauling of the sand to the Landfill; and

WHEREAS, funding for this proposed contract is available in the Project LF0202-New Cell Development #15; now therefore

RESOLVED, that an extension to the original proposal by Doc Heinz Contracting is hereby accepted and authorization is given for a purchase order in an amount of $41,730 (13,000 yards x $3.21) for the hauling of washed classified sand to the City of Midland Landfill; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $10,000.  (Motion adopted.)

 

CHANGE ORDERS – ST CHARLES COMPLEX PHASE II CONTRACT

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

 

RESOLVED, that Change Orders #3971-9, #3971-12, #3971-14, #3971-18 and #3917-19 with the total amount of $10,160.00 are hereby approved, amending the contract with Sugar Construction for the Phase II project at the St. Charles Softball Complex which was approved on August 26, 2002; and

RESOLVED FURTHER, that the City Manager be authorized and directed to execute the Change Orders on behalf of the City of Midland.  (Motion adopted.)

 

PURCHASE – TILT-CAB TRUCKS AND SERVICE TRUCKS

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 Small Trucks, Bid No. 2700; and

WHEREAS, sufficient funding for the purchase of small trucks is included in the 2003-04 Equipment Revolving Fund and Water Distribution budgets for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Graff Truck Center of Saginaw, Michigan in the amount of $50,524.00, including trade-in of city equipment numbers 3-17 and 3-19, for the purchase of two 11,000 GVW tilt cab dump trucks; to Martin Chevrolet Sales, Inc. of Saginaw, Michigan in the amount of $103,081.00, including trade-in of city equipment numbers 3-41, 3-37 and 3-44, for the purchase of four 10,000 GVW trucks with various service bodies, all in accordance with the proposal and city specifications.  (Motion adopted.)

 


 

PURCHASE – SNOW PLOW TRUCK AND FLATBED 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 Large Trucks, Bid No. 2701; and

WHEREAS, sufficient funding for the purchase of large trucks is included in the 2003-04 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the amount of $108,781.16, including trade-in of city equipment numbers 3-58 and 3-16, for the purchase of one snow plow truck and one flatbed truck in accordance with the proposal and city specifications.  (Motion adopted.)

 

PAYMENT TO MMLLPP FOR INSURANCE POLICY DEDUCTIBLES

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

 

WHEREAS, it has been determined through negotiations with the Michigan Municipal League Liability and Property Pool (MMLLPP) that the City of Midland owes the MMLLPP the sum of $50,000.00 for expenses involved in adjusting auto liability claims between December 1, 1993 and July 1, 2001; and

WHEREAS, budgetary funding for said payment is available in the Insurance Claims Fund; now therefore

RESOLVED, that payment to the MMLLPP is hereby authorized in the amount of $50,000.00 in full settlement of prior insurance claims paid by the MMLLPP on behalf of the City of Midland, for which coverage was excluded due to policy deductibles.  (Motion adopted.)

 

REVISED BROWNFIELD REDEVELOMENT PLAN FOR DOW CORNING

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within an area of the City of Midland described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Proposed Brownfield Redevelopment Zone”); and

WHEREAS, on June 9, 2003 the City Council approved the Dow Corning Corporation Brownfield Redevelopment Plan, which was submitted to the Michigan Department of Treasury with an SBT Brownfield Redevelopment Credit Project Preapproval Application; and

WHEREAS, said preapproval application was rejected by the Michigan Department of Treasury; and

WHEREAS, the Dow Corning Corporation has amended the original brownfield redevelopment plan, which qualifies it for SBT credits issued by the Michigan Economic Growth Authority (MEGA); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 13th day of October, 2003, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit C, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 12th day of September, 2003, and the 17th day of September, 2003, and by posting notice of the public hearing, in the form attached hereto as Exhibit D, pursuant to the practice of the City Clerk.

(Motion adopted.)

 

ZONING TEXT AMENDMENT NO. 140a

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, September 29, 2003, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the City of Midland Zoning Ordinance, 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 publish said notice on September 13, 2003.

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 ORDINANCE BY AMENDING ARTICLE II TO DEFINE CORRECTIONAL FACILITY; AND BY AMENDING ARTICLE XXX TO PROVIDE PARKING STANDARDS FOR CORRECTIONAL FACILITY; AND BY AMENDING ARTICLE XI TO LIST CORRECTIONAL FACILITY AS A USE PERMITTED VIA SPECIAL USE PERMIT IN THE C – COMMUNITY ZONE.

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:

Article XI­­­­­­—Community District, to amend Section 11.1(c)3., Permitted Uses After Special Approval, to allow  “Correctional Facilities - Access – All correctional facilities should have access to a major thoroughfare.  Any entrances where prisoners are brought into the facility should be from a major thoroughfare street.  Setback and Buffer from Residential Dwellings – Any part of the correctional facility or grounds accessible to prisoners shall be a minimum of three hundred (300) feet from any adjacent residential dwelling.  A buffer designed to minimize the visual and acoustic impacts of the facility shall be constructed in the required setback.  The buffer may consist of an earth berm, trees, landscaping or other materials acceptable to the City Council.  A fence or wall without landscaping shall not be considered an acceptable buffer.  Lighting – The site lighting for all correctional facilities shall meet the following requirements:  a.  Only non-glare, color-corrected lighting shall be permitted.  b.  All outdoor lighting shall be shielded, so as to focus the light downward onto the site and away from abutting lots.  The light source, or “hotspot” shall not be directly visible from abutting lots.  c.  Light trespass from a property shall not exceed 0.5 foot-candles at the lot line, measured five feet above the average grade.  d.  To prevent sky glow and glare or interference with the vision of motorists, lighting shall be shielded or designed to prevent light from projecting above a ninety (90) degree horizontal plane.  The City Council may allow fixtures that allow light to project above a 90-degree horizontal plane if the fixture is directed at a building internal to the facility, and the light source of the fixture is not visible from any public roads or any abutting residentially used or zoned lots.”; by amending Article II – Construction of Language and Definitions, by adding Section 2.1(28a) “Correctional Facility – A facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations; persons found guilty of civil or criminal contempt; and by amending Article XXX – Off-Street Parking Area Requirements, to add Section 30.1(b)2.a. “Correctional Facility – one (space) per each employee / staff assigned to the shift having the greatest number of employees / staff members plus one space for every four beds”.

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.)

 

PROPOSED BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, September 29, 2003, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Grace A. Dow Memorial Library Fund, and Cable Communications Fund for the 2003-2004 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Transportation Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, and Equipment Revolving Fund for the 2003-2004 fiscal year in order to provide funding for June 30, 2003 encumbrances.  (Motion adopted.)

 

CONVENED TO CLOSED SESSION

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

 

Resolved, that in accord with Section 8(h) 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 (4) affirmative votes the City Council shall immediately convene to a closed session to consider material exempt from discussion or disclosure by state or federal statute in connection with a written opinion of the Midland City Attorney as an Attorney-Client privilege document.  (Motion adopted by a Roll Call Vote.)

 

Convened to a closed session at 10:50 p.m.

 

Reconvened to open session at 11:15 p.m.

 

COHOON SETTLEMENT

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

 

WHEREAS, the City of Midland has received a claim for damages associated with a police incident involving the arrest of Mr. Christopher Cohoon; and

WHEREAS, the City Attorney, staff and outside legal counsel have reviewed this claim and have assessed the potential liability to the City should a suit be filed; and

WHEREAS, the City has negotiated a settlement with counsel for the claimant subject to City Council approval; and

WHEREAS, the City Council has met with the City Attorney to review his opinion concerning this matter; now therefore

RESOLVED, that the Midland City Council hereby authorizes the City Attorney and City Manager to enter into a settlement agreement with the claimant to settle this matter for $50,000.  (Motion adopted.)

 

ADJOURNED TO A CLOSED SESSION

Before action was taken to adjourn to a closed session to discuss pending litigation, specifically Dow Corning Corporation vs. City of Midland and The Dow Chemical Company vs. City of Midland, Council Member Wazbinski requested that he be allowed to abstain from voting on this item because he is an employee of Hemlock Semiconductor, a subsidiary of Dow Corning Corporation.  Council unanimously agreed to the abstention.  The following resolution was then offered by Council Member Griggs and seconded by Council Member McKeag:

 

Resolved, that in accord with Sections 8(e) and 8(h) 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 (4) affirmative votes the City Council shall immediately adjourn to a closed session to consult with its attorney 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.  Yeas:  Black, Currie, Griggs, McKeag   Nays:  None   Abstained:  Wazbinski)

 

Being no further business the meeting adjourned to a closed session at 11:35 p.m.

 

 

______________________________________

            Sandy Marshall, Deputy City Clerk