January 10, 2005

 

A regular meeting of the City Council was held on Monday, January 10, 2005, 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 led by Boy Scout Troop 767 from the Midland Elks Club.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the December 20, 2004 regular meeting was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

2004-05 CDBG BUDGET AMENDMENT

Assistant City Manager Jon Lynch presented information on an amendment to the Community Development Block Grant budget for fiscal year 2004-05 to allocate additional program income received in fiscal year 2003-04.  A public hearing opened at 7:12 p.m., recognizing no public comments, the hearing closed at 7:12 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:



RESOLVED, that a public hearing has been advertised to consider amending the Community Development Block Grant Budget for the City of Midland for fiscal year 2004-05; and

RESOLVED FURTHER, that the Community Development Block Grant Budget is hereby amended by appropriating additional funds as follows:

Agency                                                            Amount

Safe Haven Outreach Center                         $50,000.00

Literacy Council                                              $  3,000.00

Saver’s Secrets                                              $  3,000.00

Community Mental Health                               $10,000.00

            TOTAL:                                                           $66,000.00

(Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

Deputy City Assessor Roger Elbers presented information on an Industrial Facilities Exemption Certificate for The Dow Chemical Company within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to a new facility.  The estimated cost for this new facility is $70,500,000 which consists of $59,850,000 in personal property and $10,650,000 in land and building improvements.  A public hearing opened at 7:15 p.m.  Manufacturing Leader for The Dow Chemical Company Michigan Operations Donald Taylor spoke on behalf of the project and in support of the Industrial Facilities Exemption Certificate.  Midland Tomorrow Executive Director Jenee Velasquez spoke in support of the Industrial Facilities Exemption Certificate.  The hearing closed at 7:25 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and 

WHEREAS, The Dow Chemical Company made an application dated December 15, 2004, which was received by the City Clerk on December 15, 2004, 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 $70,500,000, which includes $59,850,000 in new personal property and $10,650,000 in real property improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1.  This project will allow The Dow Chemical Company to consolidate three of their North American facilities to a new location in Midland, Michigan for the production of urethane used in automotive glass bonding, automotive primer and automotive sealers; 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 10, 2005, 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 new 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.)

 

PUBLIC COMMENTS

No comments were made.

 

ASHMAN STREET STREETSCAPE PROJECT

Downtown Development Coordinator Christin O’Callaghan presented a staff report on the construction of Ashman Street improvements from Buttles Street to Ann Street in the Downtown Development Authority District.  Jack Lee, Vice President of Dow.Howell.Gillmore, presented examples of entrance tower designs currently being considered.  Assistant City Manager Jon Lynch responded to questions regarding consideration of making Ashman a two-way roadway.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that Midland City Council hereby receives and files the staff report on the Ashman Street streetscape construction.  (Motion ADOPTED.)

 


PROPOSED PLYMOUTH PARK POOL IMPROVEMENTS

Director of Public Services Martin McGuire presented a report on the recommendation of the Parks and Recreation Commission that the City include $500,000 in the 2005-06 budget to fund improvements to the Plymouth Park Pool and adjoining building.  Steve Hansen, a competitive swimmer, spoke in support of the Plymouth Park Pool improvements.  He encouraged the City to look at pool temperatures as the pool is too warm for competitive swimming and most recreational uses.  He also supported improvements to the locker room facilities and bringing swim meets to the Midland area.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

WHEREAS, the Parks and Recreation Commission is committed to improving Plymouth Park Pool and the adjoining building; and

WHEREAS, the Commission voted 8-0 at their meeting of Dec. 7, 2004 to recommend to City Council that $500,000 be included in the 2005-06 budget to fund improvements to the pool and the building; now therefore

RESOLVED, that the City Council hereby directs the City Manager to include the $500,000 appropriation in his 2005-06 proposed budget for construction in fall 2005.  (Motion ADOPTED.)

 

GOLF COURSE FINANCIAL UPDATE

Director of Public Services Martin McGuire presented a report updating Council on the financial status of Currie Municipal Golf Course.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, that the City Council hereby receives and files the financial update of Currie Golf Course prepared by staff.  (Motion ADOPTED.)

 

DONATION OF PROPERTY FOR CEMETERY AND PLAT OF WHISPERING PINES

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

 

WHEREAS, the Herbert H. and Grace A. Dow Foundation have graciously deeded to the City a piece of property 111 ft. by 64 ft. adjacent to the Midland Cemetery; and

WHEREAS, the staff has developed a cemetery plat for the property in accord with Sec. 6-3 of the Code of Ordinances; and

WHEREAS, the Parks and Recreation Commission, at their meeting of January 4, 2005, recommended that the City Council accept both the generous donation and the plat; now therefore

RESOLVED, that the City Council hereby accepts the deed to the specified property; and

RESOLVED FURTHER, that the plat of the Whispering Pines section is hereby accepted.  (Motion ADOPTED.)

 

EASEMENT AGMT FOR SANITARY SEWER (FAST ICE DRIVE)

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

 

RESOLVED, that the attached Easement Agreement from Nicolaos A. Rapanos and Elaine D. Rapanos to the City of Midland, for the installation of a new sanitary sewer on the south side of Bay City Road and on the east side of proposed Fast Ice Drive in the Southeast ¼ of Section 24, Township 14 North, Range 2 East, is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 


PIZZA HUT LIQUOR LICENSE

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

 

RESOLVED, That the request from TRI-CITY FOODS, INC. TO TRANSFER LOCATION OF 2004 CLASS C LICENSED BUSINESS (IN ESCROW) FROM 1516 N. SAGINAW, MIDLAND, MI  48640, MIDLAND COUNTY TO NEW BUILDING, SAME ADDRESS

be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

ARBOR DAY

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

 

WHEREAS, the last Friday in April of each year is established as Arbor Day; and

WHEREAS, trees are an increasingly vital resource in Michigan which control erosion of soil by wind and water, enhance recreational settings, provide habitat for wildlife and cool and shade our City; and

WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas and beautify our landscape; and

WHEREAS, the Parks and Recreation Commission at their meeting of January 4, 2005 recommended that April 29, 2005 be declared as Arbor Day in the City of Midland; now therefore

RESOLVED, that the Fourth Friday in April is hereby declared as Arbor Day in the City of Midland.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-04-27

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

 

RESOLVED, that Traffic Control Order No. P-04-27 filed October 27, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Jefferson Avenue from Wackerly Street to 200 feet north of Broadhead Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-04-08

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

 

RESOLVED, that Traffic Control Order No. R-04-08 filed October 18, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit on Rockwell Drive between Ashman Street and Patrick Road shall be 50 m.p.h.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-04-09

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

 

RESOLVED, that Traffic Control Order No. R-04-09 filed November 11, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit on Diamond Drive between Midfield Lane and Waldo Road shall be 45 m.p.h.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-04-08

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

 

RESOLVED, that Traffic Control Order No. S-04-08 filed October 18, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Ellsworth Street shall stop for Rodd Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-04-09

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

 

RESOLVED, that Traffic Control Order No. S-04-09 filed October 22, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That St. Charles Street shall stop for Whitman Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

113 W. ST. ANDREWS HOUSE REHAB

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the complete home rehabilitation at 113 W. St. Andrews Road, Midland, Michigan 48640; and

WHEREAS, funding for this project is provided by the Housing Commission Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Laplow Construction, LLC of Sanford, Michigan, for the "113 W. St. Andrews Rd." project, in the indicated amount of $32,835.00 is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $10,000.  (Motion ADOPTED.)

 

CHANGE ORDERS TO DIESEL FUEL PURCHASE ORDERS

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

 

WHEREAS, the City of Midland Landfill utilizes a 1,000 gallon and a 4,000 gallon above ground diesel fuel tank to fuel its equipment, requiring that they be refilled frequently based on the operations at the Landfill; and

WHEREAS, two factors have led to the increase in fuel costs this year; 1) substantially higher fuel prices, and 2) increased Landfill operations activity and handling due to the receipt of refuse from Dow Chemical demolition projects, and contaminated soils hauled in from Porter Township oil fields; and

WHEREAS, fuel has been purchased from three different suppliers this year, and two of the vendors are expected to exceed the $20,000 purchasing threshold, requiring Council approval for additional fuel purchases, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, as it is not known from week to week which supplier will have the lowest price, staff requests authorization to increase diesel fuel purchase orders in an aggregate amount not to exceed $50,000 and spread to the fuel supplier(s) extending the lowest quoted price at any given time; and

WHEREAS, the current balance of funding for diesel fuel purchases is $20,000 and the additional funding needs can be made available in the 2004/05 Sanitary Landfill Fund budget by transferring $30,000 from account #517-9120-912-97.65 – Capital Construction Projects to account #517-8110-811.76-61 – Gas & Oil; now therefore

RESOLVED, that the purchase orders for the purchase of diesel fuel at the City of Midland Landfill is hereby increased by an aggregate amount not to exceed $50,000, and may be spread to one or more suppliers based on the lowest periodic price quote per gallon as needed; and

RESOLVED FURTHER, that a budget transfer of $30,000 from account #517-9120-912-97.65 – Capital Construction Projects to account #517-8110-811.76-61 – Gas & Oil is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to increase the aggregate amount of the diesel fuel purchase orders by an amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk