October 13, 2003

 

A regular meeting of the City Council was held on Monday, October 13, 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 September 29, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

DOW CORNING CORP – AMENDED BROWNFIELD REDEVELOPMENT PLAN

Jack Duso, Assistant City Manager, presented information on a request from the Dow Corning Corporation to amend its Brownfield Redevelopment Site Plan No. 1.  The original plan adopted on June 9, 2003 was denied by the Michigan Department of Treasury on August 4, 2003.  Several modifications to the plan have been made and the scope of the project has been changed such that it meets the $10 million eligible investment threshold required for consideration by the Michigan Economic Growth Authority (MEGA).  Council Member Wazbinski, an employee of Hemlock Semiconductor, a subsidiary of the Dow Corning Corporation, requested he be allowed to abstain from discussion and voting on this item.  Council unanimously agreed to the abstention.  A public hearing opened at 7:06 p.m.  Marci Sewell, 1611 Woodpointe Lane, representing the Dow Corning Corporation, gave a brief overview of the project and requested Council’s support of the amended Brownfield Plan.  Katharine Czarnecki, Economic Development Manager for the Midland Economic Development Council, urged Council to support the project.  The following resolution was then offered by Council Member Griggs 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)

 

MIDLAND TOMORROW COMMUNITY PARTNER AWARD

Mayor Black announced the City of Midland was presented with a Midland Tomorrow Community Partner award from the Midland Economic Development Council this morning at a presentation held at the Ashman Court Hotel. 

 

PUBLIC COMMENTS

No comments were made.

 

FINAL PLAT OF BROADHEAD ESTATES NO. 1

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Broadhead Estates No. 1.  Stephen Graham, 3567 Oakbrook Drive, commented on the drainage in the area.  Jon Lynch, Director of Planning and Community Development, indicated the drainage was designed to take run-off toward the north into the collection system and that the subdivision was required to have a storm water permit.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the Final Plat of Broadhead Estates No. 1 Subdivision is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Broadhead Estates No. 1 Subdivision, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said plat and record on behalf of the City.  (Motion adopted.)

 

AHA AS NON-PROFIT AND CHIPPEWASSEE COURT PHASE II

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

 

WHEREAS, the Michigan State Housing Development Authority (MSHDA) has requested that the Affordable Housing Alliance of Midland County obtain a certification of approval of non-profit status and project approval from the City of Midland; and

WHEREAS, MSHDA requires this certification to be signed by the Mayor as the highest elected official of the City; and

WHEREAS, the City Attorney has advised that such certification requires City Council approval; now therefore

RESOLVED, that the City Council hereby certifies that the Affordable Housing Alliance of Midland County is a non-profit for purposes of constructing 11 townhouses for low-income families in Midland using MSHDA HOME Loan Funds, tax credits, CDBG funds and repayable mortgages to Chemical Bank and Trust Company; and

RESOLVED FURTHER, that the City Council hereby affirms that it approved the site plan for the above-described project (also known as Chippewassee Court Phase II) on July 15, 2002; and

RESOLVED FURTHER, that Mayor R. Drummond Black is authorized to sign the MSHDA certification as the highest elected official of the City.  (Motion adopted.)

 

PUMPKIN FESTIVAL – STREET CLOSURE REQUEST

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

 

RESOLVED, that the request from the Midland Downtown Business Association to close McDonald Street from Larkin to Main Street to hold a BMX bike exhibition during the Pumpkin Festival on October 23, 2003, with a rain date of October 28, is hereby approved subject to the following conditions:

  • Downtown businesses must be notified of street closures.
  • Adequate barrier free access must be maintained.
  • A minimum 12’ wide fire lane shall be maintained during the street closures.
  • The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions.
  • An area at least three feet in diameter shall be kept clear around all fire hydrants and the fire department connection for any sprinkler system or standpipe.
  • Obtain special event liability insurance with a minimum coverage of $1,000,000 per occurrence, $2,000,000 aggregate, with the City named as certificate holder and additional insured.

;and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner.  (Motion adopted.)

 

HALEY TO STATE STREET SEWER LINE REPAIR

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

 

WHEREAS, in September a sink hole developed on Mill Street over the 15-inch sanitary sewer alerting staff to inspect the sewer pipe in that area; and

WHEREAS, the inspection and video taping of the pipe revealed deterioration in the 740 feet stretch of 15-inch concrete sanitary sewer pipe between Haley and State Streets; and

WHEREAS, the sewer needing repair runs through residential properties, and the method of repair that is the most cost-effective and causes the least amount of disruption is a full-length liner; and

WHEREAS, the pricing structure submitted by Insituform Technologies USA, Inc. was approved by Council in November 2001 and is still being honored; and

WHEREAS, funds totaling $37,520.00 are available in the 2003/04 Wastewater Fund, account #590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that a purchase order is hereby authorized to Insituform Technologies USA, Inc. in the amount of $37,520.00; and

RESOLVED FURTHER, that the City Manager is authorized to make changes to this purchase order in an aggregate amount not to exceed $5,000.00.  (Motion adopted.)

 

STANDBY GENERATORS FOR SMITH ST AND MOORLAND DR PUMP STATION

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

 

WHEREAS, as part of an on-going process to improve the sanitary sewer system reliability and to reduce the probability of sewer backups staff recommends the purchase and installation of two additional standby generators, one at Smith Street pump station, and one at Moorland Drive pump station; and

WHEREAS, sealed bids for the Standby Generators, Bid No. 2714, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available from the proceeds of the 2001 Sanitary Sewer General Obligation Bonds; now therefore

RESOLVED, that the low bid proposal submitted by W. W. Williams of Saginaw, Michigan in the amount of $33,961.00 is hereby accepted and issuance of a purchase order is authorized.  (Motion adopted.)

 

NEW BUSINESS

Council Member Wazbinski commended the City’s teenagers for assisting senior citizens this fall with their fall leaf raking.

 

Council Member Wazbinski requested City Manager Karl Tomion investigate the policy of dropping off material at the Sanitary Landfill.

 

CLOSED SESSION – PENDING LITIGATION

Council Member Wazbinski, an employee of Hemlock Semiconductor, a subsidiary of the Dow Corning Corporation, requested he be allowed to abstain from voting and meeting in closed session regarding pending litigation.  Council unanimously agreed to the abstention.  The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

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.  Yeas:  Black, Currie, Griggs, McKeag  Nays:  None   Abstained:  Wazbinski)

 

 

Being no further business the meeting adjourned to a closed session at 7:41 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk