January 26, 2004

 

A regular meeting of the City Council was held on Monday, January 26, 2004, 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.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Councilman Rokosz requested the minutes of the January 19th special meeting on Engineering Priorities be amended to reflect his request that a street light be considered on Chestnut Hill Drive and not on Hillgrove Parkway as was originally recorded.  Approval of the minutes of the January 12, 2004 special and regular, January 17, 2004 special, and January 19, 2004 special, as amended, meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion adopted.)

 

ALDEN B. DOW DAY

Communications Coordinator Libby Richart introduced Craig McDonald, Director of the Alden B. Dow Home and Studio, who spoke on the 100th Anniversary of Alden B. Dow’s birth.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating April 10, 2004, as Alden B. Dow Day in Midland.  (Motion adopted.)

 

IFT CERTIFICATE #96-331 - TRANSFER TO ICM SYSTEMS, LLC

Deputy City Assessor Roger Elbers presented information on the request from Ingersoll CM Systems, Inc. to transfer an Industrial Facilities Exemption Certificate to ICM Systems, LLC.  A public hearing opened at 7:08 p.m.  Bramwell Bone, President of ICM Systems, LLC, spoke regarding his business and in support of the transfer.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the transfer.  The hearing closed at 7:24 p.m.  Councilman Rokosz disclosed that while his employer, DDI Engineering, has a professional relationship with Ingersoll Systems, he has no personal or financial interest in this decision.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the MCEDC Industrial Park Industrial Development District No. 1 was established by resolution of the Midland City Council on December 10, 1979; and    

WHEREAS, ICM Systems, LLC made an application dated December 8, 2003, which was received by the City Clerk on December 8, 2003, requesting that the City of Midland approve the transfer of Industrial Facilities Exemption Certificate number 96-331 which was previously granted to Ingersoll CM Systems, Inc.; and

WHEREAS, the application for the certificate transfer is a result of the property at 3505 Centennial Drive being purchased by ICM Systems, LLC on July 10, 2003 with the Industrial Facilities Exemption Certificate having a real property component of $1,390,000 and a personal property component of $820,000 for a total project cost of $2,210,000 with the same being located within the MCEDC Industrial Park Industrial Development District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on January 26, 2004, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; now therefore

RESOLVED, that the City Council of the City of Midland approves the transfer of Industrial Facilities Exemption Certificate 96-331 from Ingersoll CM Systems, Inc. to ICM Systems, LLC as a result of the property at 3505 Centennial Drive being purchased by ICM Systems, LLC on July 10, 2003 and conditioned upon the executed assignment of the August 8, 1996 Public Act 198 Agreement between Ingersoll CM Systems, Inc. and the City of Midland to ICM Systems, LLC; and

RESOLVED FURTHER, that said application for the transfer of Industrial Facilities Exemption certificate 96-331 from ICM Systems, LLC is hereby approved for a period of 4 years with an ending date of December 30, 2008.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

SITE PLAN NO. 234 – COURTS OF JOSEPH’S RUN

Jon Lynch, Assistant City Manager, presented information on Site Plan No. 234 for 18 site condominiums north of Joseph Drive, east of Jefferson Avenue.  Mr. Lynch outlined key changes from the original plan rejected by City Council in May 2003.  Jerry Schafer, 2750 E. Mier Road, representative for F/A Pnacek, Ltd., spoke on behalf of the project.  Susan D. Blackhurst, 3702 Oakbrook Drive, spoke in opposition to the site plan in regards to its affect on neighboring properties and screening issues.  Ms. Blackhurst submitted a letter for the record outlining her concerns.  Pat Blackhurst, Midland, commented on the need for additional on-site parking facilities.  John Rapanos, 1012 W. Sugnet, expressed concern for the affect this plan will have on neighboring properties, screening issues, and the number of drives on Joseph Drive.  Mike Pnacek, 2661 Blackhurst Drive, spoke in support of the project and the developer’s willingness to work with the City on the parking space issue and screening.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 234, the request of F/A Pnacek, LTD for construction of 18 site condominiums north of Joseph Drive and east of Jefferson Avenue; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 234 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 234, contingent upon the following:

1.         Following construction, utility easements and a detention pond location easement shall be provided.

2.         Site lighting will not cast illumination off site.

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

4.         Sidewalks along Joseph Drive will be extended through the intersections of the private streets.

5.         Access capable of supporting a 60,000 lb. vehicle is necessary prior to construction on any of the proposed “lots”.

6.         On street parking should be provided on the east side of the private streets, opposite the fire hydrants.

7.         Hammerhead dimensions will be increased to 30’ by 60’.

8.         A six foot tall opaque screen will be installed along the north property line of the subject parcel.

(Motion adopted.  Yeas:  Black, Johnson, McKeag, Rokosz   Nays:  Myers)

 

LIBRARY BOARD APPOINTMENT – ANN HEARD

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Ann Heard is hereby appointed as the Midland Public Schools Representative to the Library Board to fill an unexpired term expiring June 30, 2004.  (Motion adopted.)

 

CENTRAL DISPATCH AUTHORITY – DUSO REAPPOINTMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Jack Duso is hereby reappointed to the Midland County Central Dispatch Authority Administrative Policy Board for a term of four years beginning February 1, 2004.  (Motion adopted.)

 

ZONING BOARD OF APPEALS – PELTON RESIGNATION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the resignation of Lee Pelton as a member of the Zoning Board of Appeals is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Pelton for his service on this important Board.  (Motion adopted.)

 

COMPREHENSIVE ANNUAL FINANCIAL REPORT – YEAR ENDED JUNE 30, 2003

Removed from agenda.

 

PAYMENT FOR APPRAISAL SERVICES – DOW CHEMICAL TAX APPEAL

City Attorney James Branson presented information on the payment for legal services to Francis E. Moss in connection with The Dow Chemical Company tax appeal.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002 and 2003 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firm of Francis E. Moss has been retained in assisting the City of Midland in its defense of said appeals; and

WHEREAS, the cost of continuing said appraisal services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within The Dow Chemical Tax Appeal activity of the 2003-2004 General Fund budget; now therefore

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

RESOLVED FURTHER, that payment to the appraisal firm of Francis E. Moss for its appraisal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $35,000.  (Motion adopted.)

 

ZONING PETITION NO. 504

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 23, 2004, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on February 6, 2004 and to publish said notice on February 7, 2004.


ORDINANCE NO. ______

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

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:

PART OF THE SOUTHEAST ¼ OF SECTION 34, T15N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN DESCRIBED AS BEING NORTH OF THE NORTHERLY RIGHT OF WAY OF U.S.-10, EAST OF THE CENTERLINE OF EXISTING MIDFIELD DRIVE, SOUTH OF THE CENTERLINE OF EXISTING JOSEPH DRIVE AND WEST OF THE EASTERLY RIGHT OF WAY OF THE PROPOSED CONNECTOR ROAD; CONTAINING 35.2 ACRES MORE OR LESS.

MORE PARTICULARLY DESCRIBED AS BEGINNING NORTH 526.32 FEET MORE OR LESS ALONG THE WEST SECTION LINE AND EAST 2690.53 FEET MORE OR LESS ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S.-10 TO THE POINT OF BEGINNING FROM THE SOUTHWEST SECTION CORNER OF SAID SECTION 34; THENCE NORTH 1220.57 FEET MORE OR LESS ALONG THE CENTERLINE OF EXISTING MIDFIELD LANE; THENCE SOUTHEASTERLY 959.65 FEET MORE OR LESS ALONG A CURVE ALONG THE CENTERLINE OF EXISTING JOSEPH DRIVE; THENCE SOUTH 67 DEGREES 08 MINUTES 46 SECONDS EAST 257.49 FEET MORE OR LESS ALONG SAID EXISTING CENTERLINE; THENCE SOUTHEASTERLY 16.82 FEET MORE OR LESS ALONG A CURVE ALONG SAID CENTERLINE; THENCE SOUTHEASTERLY 398.69 FEET MORE OR LESS ALONG A CURVE ALONG THE EASTERLY RIGHT OF WAY OF PROPOSED CONNECTOR ROAD; THENCE SOUTH 82 DEGREES 27 MINUTES 13 SECONDS EAST 176.92 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE; THENCE SOUTHEASTERLY 574.21 FEET MORE OR LESS ALONG A CURVE ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 15 DEGREES 29 MINUTES 25 SECONDS WEST 77.98 FEET MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF U.S.-10; THENCE NORTHWESTERLY 719.06 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE; THENCE WEST 1006.28 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING.  CONTAINING 35.2 ACRES MORE OR LESS

be, and the same is hereby changed to Community.

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

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

 

CITY MANAGER – ANNUAL JPR

Mayor Black reported on the annual job performance review conducted by City Council for City Manager Karl S. Tomion.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $116,000 annually to $119,500 effective January 26, 2004; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

CITY ATTORNEY – ANNUAL JPR

Mayor Pro Tem Johnson reported on the annual job performance review conducted by City Council for City Attorney James O. Branson III.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the salary of James O. Branson III, City Attorney, is amended to recognize a salary increase from $97,000 annually to $103,500 effective January 26, 2004; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

MCV TAX TRIBUNAL DECISION PRESENTATION

Mayor Black reviewed information pertaining to the Michigan Tax Tribunal’s decision on the MCV Tax Appeal made on January 23, 2004.  Fiscal Services Director Robert Fisher presented information on the financial implications of the Tribunal’s decision.  William Fagley, 2700 Glendale Street, spoke on the Tribunal’s decision and encouraged Council to accept the verdict and end the MCV tax appeal and seek settlements to tax appeals with The Dow Chemical Company and Dow Corning Corporation.

 

NEW BUSINESS

Councilman Myers asked that the City Manager present a report to Council regarding the City of Midland sidewalk ordinance as it pertains to snow removal and include information on what other communities do regarding snow removal.

 

Councilman Myers asked that a report be prepared on giving the City Attorney authority to handle claims and issues of small settlements amounting to $5000 or less.

 

CLOSED SESSION – PENDING LITIGATION (MCV TAX APPEAL)

Mayor Black, a partner in the law firm of Currie Kendall Polasky Meisel PLC, who represents the Midland Cogeneration Venture, requested he be allowed to abstain from voting on this item.  Council unanimously agreed to the abstention.  The gavel was handed to Mayor Pro Tem Johnson.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

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:  Johnson, McKeag, Myers, Rokosz   Nays:  None    Abstained:  Black)

 

Being no further business the meeting adjourned to a closed session at 9:15 p.m.

 

 

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            Selina Tisdale, City Clerk