October 10, 2005

 

A regular meeting of the City Council was held on Monday, October 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.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the September 19, 2005 special and regular meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

DOW CORNING IFT

City Assessor Reid Duford introduced a request from Dow Corning Corporation for an Industrial Facilities Tax Exemption Certificate (IFT) relating to new facilities.  A public hearing opened at 7:04 p.m.  Midland Tomorrow Interim Director Scott Walker encouraged Council to support the IFT.  Dow Corning Corporation Midland Site Manager Jim Whitlock spoke in support of the IFT request.  The public hearing closed at 7:15 p.m.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

WHEREAS, the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District were established by resolution of the Midland City Council on February 23, 1981; and

WHEREAS, the Dow Corning 321 Plant Rehabilitation District was established by resolution of the Midland City Council on November 3, 1975; and   

WHEREAS, the Dow Corning Corporation made an application dated August 12, 2005, which was received by the City Clerk on August 12, 2005, and which was amended August 29, 2005,  for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $8,020,965, which includes $7,805,965 in new personal property and $215,000 in real property improvements with the same being located within the Dow Corning Corporation Industrial Development District, the Dow Corning Corporation Plant Rehabilitation District and the Dow Corning 321 Plant Rehabilitation District to allow the Dow Corning Corporation to upgrade the Specialty Chemical businesses three major supply chains; 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 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 an industrial development district and/or 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 industrial development district and/or 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 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 and Plant Rehabilitation Districts be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2017; 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 Corning Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No comments were made.

 

HOURS OF OPERATION FOR 7-ELEVEN

Assistant City Manger Jon Lynch introduced a recommendation from the Planning Commission that the City continue to restrict the hours of business operations in the Neighborhood Commercial Zoning District, specifically the 7-Eleven hours of operation at 4004 Jefferson Avenue. 

Mayor Black a partner in the law firm of Currie Kendall PLC, whose law firm represents the Jefferson Avenue 7-Eleven owners, requested that 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.

Peter Poznak, Attorney with Currie and Kendall representing Garb-Ko, Inc. and Jefferson Avenue 7-Eleven franchisee owners John and Rebecca Zimmer, addressed Council regarding the limitation on the store’s hours of operation and encouraged Council to reconsider the restrictions placed on this establishment.

Rebecca Zimmer, owner of the 7-Eleven located at 4004 Jefferson Avenue, spoke regarding her store and encouraged Council to reconsider the restricted hours of operation.

Mason “Bud” Carpenter, 2801 Schade West Drive, President of the Schade West Condominium Association, spoke in support of maintaining limited hours in Neighborhood Commercial Zoning Districts.

Katherine Talcott, 3816 Jefferson Avenue, spoke in support of maintaining the limited hours of operation at the 7-Eleven on Jefferson Avenue.

Don Beckwith, 2609 Schade West, spoke in support of maintaining limited hours in Neighborhood Commercial Zoning Districts.

The original resolution was offered by Councilman McKeag and seconded by Councilman Myers.  Following a brief discussion, Councilman Rokosz moved seconded by Councilman Myers to amend the resolution to direct the City Attorney to take action resulting in elimination of the injunction against 7-Eleven that prohibits 24 hours per day operations from May through September.  (Motion ADOPTED.)  The following amended resolution was then presented for consideration:

 

WHEREAS, the Midland City Council, acting upon the request they received from Diane Doyle on behalf of the 7-Eleven store located at 4004 Jefferson Avenue to modify Section 16-35 of the Code of Ordinances in order to permit 24 hour per day operations, referred the matter to the Planning Commission for a recommendation; and

WHEREAS, the Planning Commission conducted a public hearing on September 13, 2005; and

WHEREAS, the Planning Commission has not recommended changes to the provisions of Section 16-35 of the City of Midland Code of Ordinances which prohibits businesses from operating between 11 p.m. and 7:00 a.m. in Neighborhood Commercial zones; and

WHEREAS, a report has been received from the Midland Planning Commission recommending retention of the 7-Eleven hours of operation, which are established by court order as 24 hours a day September through May and 7:00 a.m. to 11:00 p.m. June, July and August; now therefore

RESOLVED, that the Midland City Council directs the City Attorney to take action resulting in elimination of the injunction against 7-Eleven that prohibits 24 hours per day operations from May through September.  (Motion DENIED.  Yeas:  None   Nays:  Johnson, McKeag, Myers, Rokosz   Abstained:  Black)

 

Mayor Pro Tem Johnson returned the gavel to Mayor Black.

 

CONDITIONAL USE PERMIT NO. 13 – OFFICE BUILDING

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

 

WHEREAS, on June 18, 2004 the City Council approved Conditional Use Permit No. 13, the request of Mr. Donald Koster for Dow Howell Gilmore Associates, Inc., to construct a 4,700 square foot office building on 2.69 acres on Sugnet Road west of the Pere Marquette Rail Trail; and

WHEREAS, the City Council has reviewed the proposed revision to Conditional Use Permit No. 13 in accord with the provisions set forth in Sections 28.03 and 28.04 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve revised Conditional Use Permit No. 13, received on September 29, 2005, which will authorize opening an additional curb cut onto Sugnet Road contingent upon the City of Midland Engineering Department approving construction drawings for said curb cut.  (Motion ADOPTED.)

 

BROADHEAD ESTATES & BROADHEAD ESTATES NO. 2 (PRELIMINARY PLATS)

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

 

WHEREAS, the City Council has received a request from Richard Fosgitt, Bartow  & King Engineers, on behalf of Broadhead Estates, for a two-year time extension for the Tentative Approval of the Preliminary Plat and reaffirmation of the Final Approval of the Preliminary Plat of Broadhead Estates No. 2; and

WHEREAS, Tentative Approval of the Preliminary Plat expired October 14, 2004; and

WHEREAS, the City Council has reviewed the request for the time extension of the Tentative Approval of the Preliminary Plat and reaffirmed Final Approval of the Preliminary Plat of Broadhead Estates No. 2; now therefore

RESOLVED, that the City Council does hereby approve a two-year time extension until October 14, 2006, for the Tentative Preliminary Plat of Broadhead Estates; and

RESOLVED FURTHER, that the City Council does hereby reaffirm Final Approval of the Preliminary Plat of Broadhead Estates No. 2, in accordance with Section 23-15 of the Code of Ordinances of the City of Midland.  (Motion ADOPTED.)

 

CITY COMPREHENSIVE PLAN UPDATE – APPOINTMENT OF COUNCIL MEMBERS

Assistant City Manager Jon Lynch presented information on the interview process for hiring planning consultants to update the City’s comprehensive plan and requested a representative from Council take part in the interview.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that Joseph Rokosz and James Myers are hereby appointed as an ex-officio member with the Planning Commission to take part in interviewing four teams of planning consultants to update the City of Midland Comprehensive Plan.  (Motion ADOPTED.)

 

MDOT CONT. #2005-0560 - DESIGN FOR BARSTOW AIRPORT RUNWAY 18/36 REHAB

City Engineer Brian McManus presented information on the rehabilitation of runway 18/36 and parallel taxiway at Barstow Municipal Airport and outlined the proposed contract with the Michigan Department of Transportation for improvement design services.  The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, a proposed Contract No. 2005-0560 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding design services for the rehabilitation of Runway 18/36 and parallel taxiway at Barstow Airport; and

WHEREAS, the total estimated cost of the project is $40,000 and a State grant is providing 97.5% ($39,000) and the City of Midland General Fund is providing 2.5% ($1,000); and

WHEREAS, the City of Midland desires said design services and has budgeted the required funds; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2005-0560 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

DESIGN SERVICE AGMT FOR BARSTOW AIRPORT RUNWAY 18/36 REHAB

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

 

WHEREAS, a design services agreement has been submitted to the City of Midland by Mead and Hunt, Inc. for the design of Runway 18/36 and parallel taxiway rehabilitation at Barstow Municipal Airport; and

WHEREAS, the City of Midland approved a contract with MDOT to approve funding for said work in accordance with Federal, State, and local cost sharing formulas; and

WHEREAS, the City of Midland supports having said design services rendered; now therefore

RESOLVED, that the City Council hereby approves the proposed design services agreement with Mead and Hunt, Inc. of Lansing, Michigan and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland.  (Motion ADOPTED.)

 

DDA – RESIGNATION OF JODY COOLEY

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

RESOLVED, that the resignation of Jody Cooley as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Cooley for her service on this important Board.  (Motion ADOPTED.)

 

DDA – APPOINTMENT OF JIM BESSERT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Jim Bessert as the Resident Representative to the Downtown Development Authority for a term to expire May 1, 2007.  (Motion ADOPTED.)

 


2006 CITY COUNCIL REGULAR MEETING SCHEDULE

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2006 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            January 9 and 23                                            February 13 and 20

            March 6 and 20                                               April 10 and 24

            May 8 and 22                                                   June 12 and 26

            July 10 and 24                                                 August 14 and 28

            September 18 and 25                                     October 9 and 23

            November 6 and 20                                        December 4 and 18

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion ADOPTED.)

 

AGMT TO RESCIND AGMT DATED 9/29/03 FOR AIRPORT RD EXTENSION PROJECT

City Engineer Brian McManus presented a report on the extension of Airport Road including a request to rescind an agreement with the Midland County Road Commission related to the Airport Road extension project, execution of a warranty deed for public roadway and necessary improvements related to the project, and the allocation of county road millage funds to the Midland County Road Commission for costs related to the purchase of road right of way.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

RESOLVED, that the attached Agreement between the City of Midland and the Midland County Road Commission that rescinds a previous agreement dated September 29, 2003 and related to the Airport Road Extension Project is hereby accepted and that the City Manager is authorized to sign said agreement on behalf of the City of Midland.  (Motion ADOPTED.)

 

WARRANTY DEED FOR PUBLIC ROADWAY & UTILITIES FOR AIRPORT RD EXTENSION

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

 

RESOLVED, that the attached Warranty Deed from the Midland County Road Commission, to the City of Midland, for building a public roadway and necessary public utilities, in Section 36, T. 15 N., R. 1 E., Lincoln Township, Midland County is hereby accepted and that the Warranty Deed is ordered recorded.  (Motion ADOPTED.)

 


PURCHASE OF PROPERTY FOR AIRPORT ROAD EXTENSION

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

 

WHEREAS, a report has been received from the City Engineer indicating that the right of way purchasing agent for the Airport Road Extension Project has executed a purchase agreement with Carl and Joyce Link for land purchase; and

WHEREAS, the City of Midland and the Midland County Road Commission have previously agreed to jointly pursue the Airport Road Extension Project by entering into the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF AIRPORT ROAD”; and

WHEREAS, the City of Midland is responsible for land acquisition costs in accordance with said agreement; and

WHEREAS, the City Council previously approved payments to the Midland County Road Commission in the amount of $66,000 of which $63,454.78 was expended; and

WHEREAS, additional expenses totaling $10,000 have been incurred; now therefore 

RESOLVED,  that the City Manager is authorized to pay the Midland County Road Commission an additional amount up to $10,000 using the balance of the existing approved spending limit and additional funds needed.  (Motion ADOPTED.)

 

WATER MAIN REIMBURSEMENT (ELISENAL AND COMMERCE DRIVE)

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

 

WHEREAS, the City of Midland requested to have a 12” water main installed along Elisenal Drive and Commerce Drive in Section 33 15 N., R. 2 E., to serve as part of a water main distribution loop to extend 12” water mains easterly to the existing 16” water main on Jefferson Avenue for future development; and

WHEREAS, Johnston Contracting and Commercial Net Lease Realty have installed the 12” water mains as requested by the City of Midland, instead of the 8” water mains required for their developments; and

WHEREAS, Johnston Contracting has installed a 12” water main along Elisenal Drive from the Jacobs Drain to Commerce Drive and along Commerce Drive from Elisenal Drive to the end of the street and is requesting reimbursement in the amount of $33,021.15 for the additional costs to oversize; and

WHEREAS, Commercial Net Lease Realty has installed a 12” water main along Elisenal Drive from Joe Mann Boulevard to the Jacobs Drain and is requesting reimbursement in the amount of $7,362.46 for the additional costs to oversize; and

WHEREAS, funding for the cost of the water main oversizing is available in the Water Fund; now therefore

RESOLVED, that the Finance Director is hereby authorized to reimburse the amount of $33,021.15 to Johnston Contracting and $7,362.46 to Commercial Net Lease Realty for costs incurred to oversize the water mains as requested by the City of Midland.  (Motion ADOPTED.)

 

CONSERVATION EASEMENT FOR PINE RIVER PARK

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

 

WHEREAS, a report has been received from the City Engineer indicating that lands within Pine River Park located in Porter Township are suitable for creation of a wetland pre-mitigation site; and

WHEREAS, the City Engineer anticipates using the pre-mitigation site to offset for loss of wetlands during street construction projects; and

WHEREAS, the Michigan Department of Environmental Quality requires that a conservation easement be approved by the City of Midland and the Michigan Department of Environmental Quality in order to establish a pre-mitigation site; now therefore 

RESOLVED, that the City Council authorizes the City Manager to sign a conservation easement with the State of Michigan for purposes of wetland mitigation in Pine River Park and directs the City Attorney to review and approve said conservation easement for consistency with City policies and intent to mitigate wetlands.  (Motion ADOPTED.)

 

2004/05 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

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

 

WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2004/2005 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 2004/2005 Annual Report of the Cable Access Advisory Commission be accepted.  (Motion ADOPTED.)

 

PUMPKIN FESTIVAL

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

 

RESOLVED, that the request from the Midland Downtown Business Association to conduct additional activities, including live music, hayrides and pumpkin decorating, during the annual Pumpkin Festival on Thursday, October 20, 2005, from 6:00 – 7:30 p.m. in downtown Midland, is hereby approved subject to the following conditions:

  • Existing traffic control must be observed during the hayrides.
  • The parking spaces to be used for the placement of the stage and picnic tables must be blocked off from parking early in the morning by the organizers so that they will be available for placement as requested.
  • The organizers must contact Chris Coughlin, Fire Inspector, at 837-3413, for any storage issues with the hay.

;and

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

 

SUNGARD HTE SOFTWARE ANNUAL MAINTENANCE AGREEMENT

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

 

WHEREAS, funds have been budgeted in the 2005-2006 Information Services Maintenance budget for Computer Software maintenance; now therefore

RESOLVED, that the City Council hereby approves the payment to Sungard HTE for software maintenance from 9/1/2005 to 8/31/2006 in the amount of $80,089.99.  (Motion ADOPTED.)

 

LABOR AGREEMENT – MIDLAND MUNICIPAL EMPLOYEES ASSOCIATION

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Employees Association for labor contract changes effective July 1, 2005 and expiring June 30, 2009; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

DOW CORNING CORP – IFT APPLICATION

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

 

RESOLVED, that an application dated September 18, 2005 was received September 21, 2005, from the Dow Corning Corporation, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District, relating to the purchase of personal property at the Midland Plant to upgrade major supply chains  for two Core businesses, Organosilanes and Engineered Elastomers, with the total project having a cost of $1,977,144, and being expected to retain two existing jobs at the facility, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 24, 2005, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:18 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk