October 25, 2004

 

A regular meeting of the City Council was held on Monday, October 25, 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, Hollis McKeag, Joseph Rokosz

Councilmen absent:

Bruce Johnson, James Myers

 

Councilman Rokosz requested Agenda Items 10b, 11, 12f and 12j be removed from the consent agenda.

 

MINUTES

Approval of the minutes of the October 11, 2004 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

BUDGET PRIORITIES COMMUNITY ROUNDTABLE DISCUSSIONS REPORT

City Clerk/Community Relations Coordinator Selina Tisdale presented an updated report on the Budget Priorities Community Roundtable Discussions scheduled to take place November 30 – Dec. 3, 2004.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby receives and files the staff report on the
2005-06 Budget Priorities Community Roundtable Discussions.  (Motion ADOPTED.)

 

Mayor Black took agenda items in the following order:  Item 4, 5, and 3.  For the purpose of the minutes, information will remain in its original order as listed on the agenda. 

 

FINAL DRAFT OF ZONING ORDINANCE

Assistant City Manager Jon Lynch presented an overview of the changes being proposed in the new zoning ordinance and the two-year process of public input sessions to update the ordinance followed by public reviews of the changes held at both the Planning Commission level and by Midland City Council.  A public hearing on the final draft of the new zoning ordinance opened at 8:05 p.m.  Mark Ostgarden, 414 Adams St., encouraged Council to consider eliminating the conditional use permit of commercial parking lots in residential zoning districts as it appears in Article 14 Item D Conditional Land Uses #12.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz to postpone action on the adoption of the Zoning Ordinance until November 8, 2004:

 

WHEREAS, a public hearing was held on Monday, October 25, 2004, for the purpose of considering adoption of the new Zoning Ordinance, including a Zoning District Man, regulating the Development and use of land within the City of Midland, effective January 1, 2005; now therefore

RESOLVED, that action on the final adoption of the new Zoning Ordinance is hereby postponed until November 8, 2004.  (Motion ADOPTED.)

 

DOW CHEMCIAL COMPANY BROWNFIELD REDEVELOPMENT PLAN NO. 3

Assistant City Manager Jack Duso presented information on The Dow Chemical Company Brownfield Redevelopment Plan No. 3 and The Dow Chemical Company’s request for an Industrial Facilities Exemption Certificate within the Saran Saphire II Plant Rehabilitation District No. 1.  A public hearing opened for both the Brownfield Redevelopment Plan No. 3 request and the Dow Chemical Company’s request for an Industrial Facilities Exemption Certificate within the Saran Saphire II Plant Rehabilitation District No. 1 at 7:25 p.m.  Kevin DeLine, Site Logistic Leader representing Michigan Operations and Saran Business, presented an overview of the Saphire II project.  Jenee Velasquez, Midland Tomorrow Executive Director, spoke in support of the requests.  City Assessor Reid Duford presented information on The Dow Chemical Company’s request for an Industrial Facilities Exemption Certificate within the Saran Saphire II Plant Rehabilitation District No. 1.  Lowell McLaughlin, Senior Financial Analyst for The Dow Chemical Company Tax Department, spoke in support of the IFT.  The public hearing closed at 7:40 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, 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 established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least twenty (20) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) 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 Authority and the public, 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 A 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.)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

A public hearing opened at 7:41 p.m., the Mayor noted all previous comments made during the public hearing for item #4 would also apply to this item.  Recognizing no additional comments, the Mayor closed the public hearing at 7:41 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Saran Saphire II Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 27, 2004; and

WHEREAS, The Dow Chemical Company made an application dated September 29, 2004, which was received by the City Clerk on September 29, 2004, for an Industrial Facilities Exemption Certificate relating to approval of a rehabilitation facility within said District; and

WHEREAS, the application for the certificate is for approval of a rehabilitation facility with the total project cost of $44,375,000, which includes $35,690,000 in new personal property and $8,685,000 in real property improvements with the same being located within the Saran Saphire II Plant Rehabilitation District No. 1.  This project rehabilitates 40,497 square feet of process area, infrastructure and miscellaneous modifications within a section of the Saran Complex at Michigan Operations; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 25, 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; 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 a plant rehabilitation 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 plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company for a rehabilitation facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

2004-05 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Marty McGuire presented information on an amendment to the 2004-05 Equipment Revolving Fund budget to recognize an unanticipated expenditure for replacement of a golf course mower and a Landfill bulldozer.  The Mayor opened the public hearing at 8:35 p.m., recognizing no public comments, closed at 8:35 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, October 25, 2004, on the proposal to amend the 2004-05 financial working plan of the Equipment Revolving Fund to recognize the unanticipated expense of replacing a golf course mower unit #4-34 due to engine failure and the early replacement of a bulldozer unit #6-48 that is being upgraded to better meet the operational needs at the Landfill, and to recognize the resulting unanticipated revenue from trade-in of the current bulldozer; now therefore

RESOLVED, that the 2004-05 financial working plan of the Equipment Revolving Fund is hereby amended to increase expenses by $170,500 for the purchase of a new golf course mower and a bulldozer, and to increase revenues by $ 50,000 to recognize the trade-in of the current bulldozer.   (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 


PRELIMINARY PLAT - TRI CITY COMMERCE PARK FINAL APPROVAL TIME EXTENSION

Assistant City Manager Jon Lynch presented information on a request for a one-year time extension for the final approval of the preliminary plat of Tri City Commerce Park, a commercial/industrial subdivision of 35 lots on 46.56 acres between Bay City Road and Fisher Road west of the US-10 expressway.  Jerome A. Schafer, engineer, 2750 E. Mier Rd., speaking for the proprietor of Tri City Commerce Park, responded to Council questions regarding the development and the time extension.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City Council has received a request from Jerome A. Schafer, Engineer, for the proprietor of Tri City Commerce Park, for a one-year time extension for the Final Approval of the Preliminary Plat of Tri City Commerce Park; and

WHEREAS, Final Approval of the Preliminary Plat expired April 8, 2004; and

WHEREAS, the City Council has reviewed the request for the time extension of the Final Approval of the Preliminary Plat of Tri City Commerce Park; now therefore

RESOLVED, that the City Council does hereby approve a one-year time extension until April 8, 2005, for the Final Approval of the Preliminary Plat of Tri City Commerce Park.  (Motion ADOPTED.)

 

SCENIC ESTATES NO. 7 – TENTATIVE AND FINAL APPROVAL

Assistant City Manager Jon Lynch presented information on the tentative approval of the preliminary plat of Scenic Estates No. 7, a residential subdivision of 29 lots on 15 acres east of Jefferson Avenue and south of Wackerly Street.  Mr. Lynch explained that the proprietor had expressed an interest in seeking both tentative and final approval of this request from council and that there would be no compromise to the approval process if council decided to grant such a request.  Richard Fosgitt, with Bartow and King Engineering on behalf of Prodo, Inc., spoke on behalf of the project and requested that City Council grant both tentative and final approval to the preliminary plat of Scenic Estates No. 7.  The original resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)  Councilman Rokosz moved, seconded by Councilman McKeag to rescind and amend the resolution to add final approval to the Preliminary Plat of Scenic Estates No. 7. (Motion ADOPTED.)  The following amended resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Scenic Estates No. 7; and

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

RESOLVED, that the City Council hereby gives tentative and final approval to the Preliminary Plat of Scenic Estates No. 7, contingent upon the following conditions:

1.                                  Fire hydrants shall not exceed 500’ intervals.

2.         On street parking should be permitted only on one side of the street (the non-hydrant side).

3.         No on street parking should be permitted in the entrance island.

4.         Infrastructure, including roadbed and hydrants shall be in place prior to construction.

(Motion ADOPTED.)

 

LEAF COLLECTION PROGRAM “THREE FREE” FEE WAIVER

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

 

RESOLVED, that the “Three Free” fee waiver period for yard waste collection is hereby extended through the leaf collection program as provided for in Section 21-4c of the Code of Ordinances.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER P-04-14

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

 

RESOLVED, that Traffic Control Order No. P-04-14 filed June 9, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping, standing, and parking shall be prohibited within 100’ of the Drake Street and Dilloway Drive Intersection from 8:00 a.m. to 4:00 p.m. on school days.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-04-22

City Engineer Brian McManus reported on Traffic Control Order P-04-22 to establish a passenger bus loading zone on the west side of Ronan Street from 355’ north of Cambridge Street to 385’ north of Cambridge Street.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Traffic Control Order No. P-04-22 filed August 2, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That a passenger bus loading zone shall be established on the west side of Ronan Street from 335 feet north of Cambridge Street to 385 feet north of Cambridge Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-04-03

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

 

RESOLVED, that Traffic Control Order No. R-04-03 filed May 17, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That “No Left Turn” control for vehicular traffic from the Woodcrest School’s northerly drive exit to southbound Drake Street be established for school days only from 8:15 a.m. to 9:00 a.m. and from 3:15 p.m. to 4:00 p.m.

is hereby made permanent.  (Motion ADOTPED.)

 

TRAFFIC CONTROL ORDER R-04-04

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

 

RESOLVED, that Traffic Control Order No. R-04-04 filed May 18, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That “No Right Turn when Crossing Guard on street” control for westbound Dilloway Drive at Eastman Avenue be established.

is hereby made permanent.  (Motion ADOPTED.)

 

2003-04 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

Midland Community Television Director Ronald Beacom presented the 2003-04 Cable Access Advisory Annual Report.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2003/2004 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and

WHEREAS, the Cable Access Advisory Commission has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2003/2004 Annual Report of the Cable Access Advisory Commission be accepted.  (Motion ADOPTED.)

 


DIGESTER TANK CLEANING - WWTP

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

 

WHEREAS, the Wastewater Treatment Plant (WWTP) has two primary digester systems that make use of a biological process to break down and stabilize the sludge that is collected and removed from the waste water, and need to be emptied and cleaned from time to time because solids accumulate and cannot be removed without first being loosened from the digester tank and diluted with water; and

WHEREAS, sealed bids for Bid No. 2809, Digester Tank Cleaning for the WWTP's west digester were received and opened on October 12, 2004, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid was received from Merrell Brothers of Kokomo, Indiana for the indicated amount of $28,400 ($.0568 x 500,000 gals), and staff recommends that it be accepted in the best interest of the City of Midland; and

WHEREAS, sufficient funds are available in 2004/05 Wastewater Fund account #590-8146-811.81-99 - Misc Contractual Services; now therefore

RESOLVED, that the bid submitted by Merrell Brothers of Kokomo, Indiana is hereby accepted and a purchase order is authorized in an amount not to exceed $28,400 ($.0568 x 500,000 gals); and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

2004 SIDEWALK IMPROVEMENT PROGRAM; CHANGE ORDER #4

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

 

WHEREAS, on June 14, 2004, City Council accepted Sidewalk Construction Agreements for seven parcels of land in the 2004 Sidewalk Improvement Program; and

WHEREAS, said Sidewalk Construction Agreements state that the property owner will have the sidewalk installed prior to July 31, 2004, or they will be in breach of the agreement and the City will install the sidewalk and seek payment from the property owner; and

WHEREAS,  the Pier One site (Parcel Code No. 11-33-60-124) has not installed their sidewalk on the south side of Joe Mann Boulevard and staff will have the walk installed as part of the “2004 Sidewalk Improvement Program; Contract No. 17” and that the cost of $11,408 is included in Change Order No. 4 to said contract; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 4 to the “2004 Sidewalk Improvement Program; Contract No. 17” in the amount of $11,408.  (Motion ADOPTED.)

 

2004 ROCKWELL DRIVE RECONSTRUCTION; CHANGE ORDER #1

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

 

WHEREAS, isolated areas of the existing pavement on Stratford Woods Drive are in poor condition and have become much worse with the heavy loaded trucks carrying soil for the construction of the BMX bicycle track and must be repaired this fall to keep the road open this winter; and

WHEREAS, Central Asphalt, Inc. has agreed to complete the work this fall at a cost of $49,154.00 as a change order to their existing contract with the City for the “2004 Rockwell Drive Reconstruction; Contract No. 1”; and

WHEREAS, funding for this work is being provided by the Local Street Fund with excess funds remaining from the reconstruction of Rockwell Drive and The Dow Chemical Company has agreed to contribute $25,000 toward the cost to repair Stratford Woods Drive; now therefore

RESOLVED, that the City of Midland hereby accepts a $25,000 contribution from The Dow Chemical Company for pavement repairs on Stratford Woods Drive; and

RESOLVED FURTHER, that the City Manager is hereby authorized to execute Change Order No. 1 to the “2004 Rockwell Drive Reconstruction; Contract No. 1” in the amount of $49,154.00 to Central Asphalt, Inc. for pavement repairs on Stratford Woods Drive.  (Motion ADOPTED.)

 

CIVIC ARENA CONTRACT; CHANGE ORDER #001

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

 

RESOLVED, that Change Order 001 in the amount of $27,346 is hereby approved, amending the contract with Three Rivers Corporation for the Civic Arena project which was approved on August 9, 2004; and

RESOLVED FURTHER, that the Director of Public Services is hereby authorized and directed to execute the change order on behalf of the City of Midland.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – MAINTENANCE & REPAIR OF REFUSE TRUCKS & STREET SWEEPERS

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2004-05 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #14618 to Bell Equipment Company of Lake Orion, Michigan up to the amount of $35,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

ASHMAN CORRIDOR STREETSCAPE DESIGN

Downtown Coordinator Christin O’Callaghan presented information on awarding Rowe, Inc. the contract for the design of the Ashman Corridor Streetscape from Buttles to Ann Streets in the Downtown Development Authority district.  Representatives from Rowe Inc. spoke on behalf of the project and responded to Council inquiries.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, on September 21, 2004 proposals were received for the Ashman Corridor Streetscape Design; and

WHEREAS, the Downtown Development Authority has evaluated the proposals and recommends award to Rowe Incorporated as the best designer; and

WHEREAS, the proposal submitted is within the budget established for this project and the funds are available in the DDA budget; now therefore

RESOLVED, that the City Council authorizes the Purchasing Agent to issue a Purchase Order in the amount of $30,700 to Rowe, Inc. for purchase of the design services of the Ashman Corridor Streetscape.  (Motion ADOPTED.)

 

CONTRACTED LEGAL SERVICES – DOW TAX APPEALS

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003 and certain 2004 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on June 28, 2004, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $6,000,000; and

WHEREAS, the cost of continuing said legal services is expected to exceed the previously approved amount 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 2004-2005 Legal Fees budgets of the Dow Corning Corporation and The Dow Chemical Company Tax Appeal activity; 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 law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $7,500,000.  (Motion ADOPTED.)

 

CONTRACTED APPRAISAL SERVICES – DOW TAX APPEALS

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003 and certain 2004 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on June 28, 2004, Council authorized payments to said appraisal firms for their services in a total amount not to exceed $8,100,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount 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 2004-2005 Appraisal Fees budgets of the Dow Corning Corporation and The Dow Chemical Company Tax Appeal activity; 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 firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $9,100,000.  (Motion ADOPTED.)

 

ENVIRONMENTAL MANAGEMENT CONSULTING SERVICES – DOW TAX APPEALS

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003 and certain 2004 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the environmental management consulting firm of Pilko & Associates, Inc. are required to assist the City in its defense of said appeals; and

WHEREAS, on March 22, 2004, the City Council authorized payment to Pilko & Associates, Inc. for its services in connection the Dow Corning Corporation’s appeal in a total amount not to exceed $297,000; and

WHEREAS, on June 28, 2004, the City Council authorized payment to Pilko & Associates, Inc. for its services in connection with The Dow Chemical Company’s appeal in a total amount not to exceed $50,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount 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 2004-2005 Appraisal Fees budgets of the Dow Corning Corporation and The Dow Chemical Company Tax Appeal activity; 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 Pilko & Associates, Inc. for professional services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company appeals is hereby authorized in an amount not to exceed $520,000.  (Motion ADOPTED.)

 

LEGAL SERVICES – CABLE FRANCHISE FEE LAWSUIT

City Attorney James O. Branson, III presented information on approval of payment for legal services in connection with the cable franchise fee lawsuit.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, in November 2003 a class action lawsuit was filed by several Michigan residents against twelve (12) municipalities, including the City of Midland; and

WHEREAS, the law firm of Kitch, Drutchas, Wagner, DeNardis & Valitutti has been retained in assisting the City of Midland, and several other municipalities, in their defense of said lawsuit; and

WHEREAS, on June 28, 2004, the City Council authorized payment to Kitch, Drutchas, Wagner, DeNardis & Valitutti for their services in connection with this lawsuit in an amount not to exceed $35,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount 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 2004-2005 Cable Communications 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 law firm of Kitch, Drutchas, Wagner, DeNardis & Valitutti for its legal assistance in connection with the aforementioned lawsuit is hereby authorized in a total amount not to exceed $45,000.  (Motion ADOPTED.)

 

ZONING PETITION NO. 513

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 22, 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 November 5, 2004 and to publish said notice on November 6, 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 BUSINESS C ZONING WHERE AN OFFICE SERVICE-2 ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

LOT 2 OF EDWARDS SUBDIVISION BEING PART OF THE SE ¼ OF THE SE ¼, SECTION 36, T15N R1E.

be, and the same is hereby changed to Business C.

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 04-05 GENERAL FUND BUDGET AMENDMENT

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

 

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, November 8, 2004, in the Council Chambers of City Hall on the proposal to amend the General Fund 2004-05 budget to recognize $75,000 in State Grant revenue to help fund contracted third-party personal property tax audits, and $75,000 in related expenditures associated with contracted personal property tax audits; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and directed to publish a notice of said public hearing in accord with Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:10 p.m.

 

 

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            Selina Tisdale, City Clerk