September 25, 2006

A regular meeting of the City Council was held on Monday, September 25, 2006, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Johnson presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present:	Thomas Adams, Bruce Johnson, James Myers, Joseph Rokosz
Councilmen absent:	Hollis McKeag

MINUTES

Approval of the minutes of the September 18, 2006, regular meeting was offered by Councilman Adams and seconded by Councilman Rokosz. (Motion ADOPTED.)

FIRE PREVENTION WEEK

The following resolution was then offered by Councilman Adams and seconded by Councilman Myers:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 8 - 14, 2006, as FIRE PREVENTION WEEK in Midland. (Motion ADOPTED.) City of Midland Fire Chief Leonardo Garcia received a proclamation naming October 8-14, 2006, as Fire Prevention Week in Midland.

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE APPLICATIONS – DOW CORNING

City Assessor Reid Duford presented requests from Dow Corning Corporation for six separate Industrial Facilities Tax Exemption Certificates. Midland Tomorrow Executive Director Scott Walker encouraged Council approval of the tax exemptions. Dow Corning Corporation Midland Site Operations Leader Ken Kaufman spoke regarding the six projects for which the exemptions are being requested and asked for Council approval. A public hearing opened at 7:21 p.m., recognizing no public comments, the hearing closed at 7:21 p.m. The following six resolutions were then presented for consideration:

DOW CORNING IFT APPLICATION ($33,747,905)

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

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

WHEREAS, the Dow Corning Corporation made an application dated July 7, 2006, which was received by the City Clerk on July 7, 2006, 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 $33,747,905, which includes $33,459,005 in new personal property and $288,900 in real property improvements with the same being located within the Dow Corning Corporation Industrial Development District to allow for the purchase of additional machinery and equipment for two of Dow Cornings’s Core Products Businesses, the Organo Supply Chain is adding equipment to increase the capability to produce new products and the Trichlor Supply Chain is adding additional equipment to increase production of their Trichlorosilane material, with the project resulting in 239 existing jobs being retained at this facility and the creation of 4 new jobs within two years of project completion; 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 September 25, 2006, 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 be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2018; 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.)

DOW CORNING IFT APPLICATION ($8,254,000)

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

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

WHEREAS, the Dow Corning Corporation made an application dated July 13, 2006, which was received by the City Clerk on July 14, 2006, 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 a total project cost of $8,254,000, which includes $8,189,000 in new personal property and $65,000 in real property improvements with the same being located within the Dow Corning Corporation Industrial Development District, relating to upgrades to the Specialty Chemical Business chiller and to provide for the equipment necessary to increase capacity and implement productivity improvements in various areas of the Paper Coatings Supply Chain, with the project being expected to retain15 existing jobs at this facility and to create of 4 new jobs within two years of project completion; and

DOW CORNING IFT APPLICATION ($1,314,000)

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

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

WHEREAS, the Dow Corning Corporation made an application dated July 21, 2006, which was received by the City Clerk on July 21, 2006, 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 $1,314,000, which is all for new personal property with the same being located within the Dow Corning Corporation Industrial Development District, relating to a new vacuum system and cylinder stations for Dow Corning’s Electronics Business thereby allowing Dow Corning to produce high purity electronic materials to stay competitive in the marketplace, with the project being expected to create 2 new jobs within two years of project completion; and

DOW CORNING IFT APPLICATION ($1,284,500)

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

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

WHEREAS, the Dow Corning Corporation made an application dated July 22, 2006, which was received by the City Clerk on July 26, 2006, 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 a total project cost of $1,284,500, which includes $1,239,500 in new personal property and $45,000 in real property improvements with the same being located within the Dow Corning Corporation Industrial Development District, relating to the purchase of machinery and new equipment necessary for Dow Corning’s Rubber Business to add a new straining line and polymer highline to add capacity and flexibility in the airbag coating production process, with the project being expected to retain 24 existing jobs at this facility; and

DOW CORNING IFT APPLICATION ($7,126,000)

The following resolution was offered by Councilman Myers 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 Corporation made an application dated July 22, 2006, which was received by the City Clerk on July 26, 2006, for an Industrial Facilities Tax 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 a total project cost of $7,126,000, which includes $500,000 in new personal property and $6,626,000 in real property improvements to add a site steam boiler to be located in the 400 block of Dow Corning’s Midland Plant, with the same being located within the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District, and being expected to help retain 924 existing jobs at the facility and create 2 additional jobs within two years of project completion; 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 tax 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 FURTHER, that said application for an Industrial Facilities Tax 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, 2018; and

DOW CORNING IFT APPLICATION ($1,021,000)

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

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $1,021,000, which includes $171,000 in new personal property and $850,000 in real property improvements to add various improvements at Dow Corning’s Midland Plant, including an electrical upgrade in Building 2702 and an upgrade to the service water return line in the 300 block, with the same being located within the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District, and being expected to help retain 924 existing jobs at the facility; 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 tax 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

PUBLIC COMMENTS

Don Hall, 4008 Pfeiffer Court, spoke regarding his displeasure with the way Consumers Energy is trimming power-line trees in the City of Midland.

WAYFINDING SIGNAGE & PLACEMENT – ENTRANCEWAY INITIATIVE TASK FORCE

Director of Public Services Martin McGuire presented a resolution accepting a contribution from the Entranceways Initiative Task Force to the City of Midland for way finding signage and authorizing the placement of said signage in the public right of way. Jenee Velasquez, Chair of the Entranceways Initiative Task Force, spoke regarding the signage contribution and its benefit to the community and recognized the support of other local foundations and individuals in the community who participated in this effort both financially and through volunteering their time. Don Hall, 4008 Pfeiffer Court, owner of the Fairview Inn, expressed his desire that all aspects of the community will be reflected in the signage and not just favoring certain parts of the community. The following resolution was then offered by Councilman Myers and seconded by Councilman Adams:

WHEREAS, the Entranceway Initiative Task Force is in the process of selecting a vendor for fabrication of approximately 150 wayfinding signs to be placed throughout the City of Midland; now therefore

RESOLVED, that the City Council hereby accepts the contribution of the Entranceway Initiative Task Force to the City of Midland of Wayfinding signage and authorizes the placement of said signage in the public right of way. (Motion ADOPTED.)

SALE OF CITY PROPERTY TO MIDLAND TOMORROW

Utilities Director Noel Bush presented a resolution authorizing the execution of an option to buy 4.4 acres of excess vacant City property located at the northeast corner of S. Saginaw Road and Waldo Avenue by Midland Tomorrow for economic development purposes. Midland Tomorrow Executive Director Scott Walker spoke regarding the economic development effort and encouraged Council approval of this option to buy request. Don Hall, 4008 Pfeiffer Court, expressed his support for this venture which has the potential to bring jobs and diversify the Midland economy. The following resolution was then offered by Councilman Myers and seconded by Councilman Adams:

WHEREAS, Midland Tomorrow is a non-profit organization in partnership with the City of Midland with the purpose of promoting economic development in Midland County and Midland City, with the mission to enhance the quality of life for Midland County residents through the retention and creation of quality jobs and diversification of the economic base; and

WHEREAS, to assist in job creation and diversification of the economic base, the organization actively markets available Industrial, Commercial, and Retail properties to companies looking for space for an expansion; and

WHEREAS, Midland Tomorrow has a potential client interested in purchasing a 100+ acre parcel owned by The Dow Chemical Company, along with an adjacent 4.4 acre parcel owned by the City of Midland; and

WHEREAS, the client is in the process of selecting a site for a large industrial investment and significant high wage job creation. Confidentiality is a key component of the siting process for this client; and

WHEREAS, Midland Tomorrow has requested to acquire an option to purchase the City parcel to allow further investigation of this site for its compatibility with the proposed industrial prospect, and for other potential clients should this particular opportunity pass; and

WHEREAS, staff believes that a cost of $30,000.00 offered is a fair market value for the City’s property based upon the City’s assessment of appraisals and sales of similarly zoned property; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute an option on 4.4 acres of vacant City property located at the northwest corner of South Saginaw Road and Waldo Avenue to Midland Tomorrow at a sale price of $30,000.00, subject to document approval by the City Attorney. (Motion ADOPTED.)

ENTRY DRIVE MODIFICATIONS REPORT – BASEBALL STADIUM

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

RESOLVED, that the Midland City Council hereby receives an update on the revised entry modifications on the State Street side of the Great Lakes Loons baseball stadium. (Motion ADOPTED.)

FAMILY SAFETY DAY REQUEST

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

RESOLVED, that the request from WCFX 95.3 Radio to hold a Family Safety Day on October 14, 2006, from 1:00 - 5:00 p.m. at the Tridge/Farmers Market area is hereby approved subject to the following condition:

Under Sec. 16.17 of the City of Midland’s Code of Ordinances, it is unlawful to post handbills on or to any public or private structure, tree or pole in the city. It is also unlawful to place handbills in or upon any vehicle.

;and

RESOLVED FURTHER, that the Department of Public Services will provide ten additional picnic tables at a cost of $20.00 and additional trash receptacles; and

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

CIRCLE EVENT LUNCH REQUEST

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

RESOLVED, that the request from the Circle Business Association to conduct a Lunch at the Circle event on October 14, 2006, from 10:00 a.m. - 5:00 p.m. in the west Circle quadrant is hereby approved subject to the following conditions:

Event organizers must have a plan for event parking, since there is no parking on Ashman St. and Saginaw Rd. There should be plenty of parking in the lot to the northwest of the businesses.
The barriers used for closing the street must be removable and a 20’ clearance must be maintained on the drive to allow for emergency vehicle traffic.
The certificate of liability insurance on file in our office must be revised so that it lists the City of Midland as Additional Insured. This certificate must be submitted to the City Manager’s Office no less than five days prior to the event.

;and

RESOLVED FURTHER, that the Department of Public Services will provide white fencing, barricades which must be put in place by the event organizers, twelve trash receptacles and twelve picnic tables, the placement of which must be communicated to DPS by the event organizers; and

RESOLVED FURTHER, that the use of amplified sound is approved; and

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

ASPHALT ROAD AND REPAIR WORK - LANDFILL

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

WHEREAS, recent projects at the Landfill have resulted in the need for asphalt road development and repair; and

WHEREAS, sealed bids for the Landfill Asphalt Paving, Bid No. 2971, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in Landfill Fund account #517-9120-912.97-15 – Land Improvements; now therefore

RESOLVED, that the low bid proposal submitted by Becker Asphalt of Saginaw in the amount of $21,815.00 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, 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.)

Being no further business the meeting adjourned at 8:03 p.m.

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Selina Tisdale, City Clerk