October 23, 2006

 

A regular meeting of the City Council was held on Monday, October 23, 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, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the October 9, 2006 regular and October 16, 2006 special meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

2006-07 WATER FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented an amendment to the 2006-07 Water Fund budget to increase revenues from the sale of industrial water and to increase appropriations for Water Treatment Plant Maintenance – Industrial.  A public hearing opened at 7:08 p.m., recognizing no public comments, the hearing closed at 7:08 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on October 9, 2006 a public hearing was scheduled for 7:00 p.m., October 23, 2006 to consider amending the 2006/07 Water Fund budget to provide for the payment of costs and receipt of reimbursements from Dow Chemical and Dow Corning associated with the unanticipated repair and maintenance of industrial system pump #3; and

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 23, 2006, on the proposal to amend the 2006/07 Water Fund budget to increase revenues from industrial water sales and to increase appropriations for Water Treatment Plant Maintenance - Industrial; now therefore

RESOLVED, that the 2006/07 Water Fund budget is hereby amended to increase revenues from industrial water sales not to exceed $60,000 and to increase appropriations for Water Treatment Plant Maintenance - Industrial not to exceed $60,000.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington, congratulated City Manager Jon Lynch on his new position.  Mr. McCreadie inquired about how much the former Civic Arena Building will be sold for if the November 7th ballot proposal were successful and how that money would be used.

 

PICNIC RESERVATION FEES

Director of Public Services Martin McGuire presented a second reading of an ordinance amendment to increase fees associated with picnic reservations.  The following ordinance amending General Recreation fees was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1622

 

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 (14) OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 (14) of Division 4 of Article II of Chapter 21 is amended to read as follows:


Sec. 21-73.  General recreation fees

(14)*

Picnic shelter reservations

 

 

 

 

Emerson A-1, Emerson E

$ 25.00

 

per use

 

Plymouth A (south), A (north), B-2, B-3

$ 25.00

 

per use

 

Barstow Woods

$ 25.00

 

per use

 

Stratford Woods

$ 25.00

 

per use

 

Chippewassee

$ 25.00

 

per use

 

Emerson D

$ 45.00

 

per use

 

Plymouth A (entire shelter)

$ 55.00

 

per use

 

Unsheltered areas

$ 15.00

 

per use

 

Addition of a canopy

$ 25.00

 

per use

 

Delivery of picnic tables (up to 10 tables)

$ 25.00

 

per use

 

Additional tables (if available)

$   3.00

 

per table

     *Note:  Fees paid for shelter reservations are non-refundable.

      Exceptions to (14) Picnic shelter reservation fees are as follows:

       a) Donors of shelters shall be allowed one rent free use per year in

           the respective donated structure.

       b) Daytime reservations which begin after 8:00 a.m. and end before 3:00 p.m.

           Monday – Friday in May and June are exempt from fees.

Section 2.        This Ordinance shall take effect upon publication.   (Ordinance ADOPTED.  Yeas:  Adams, Johnson, Rokosz   Nays:  McKeag, Myers)

 

FINAL SETTLEMENT – DOW CHEMICAL TAX APPEALS

City Attorney James O. Branson, III, presented a final settlement proposal with The Dow Chemical Company in connection with pending tax appeals.  The following resolution was offered by Councilman Rokosz and seconded by Councilman Adams:

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and certain 2006 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal, and subsequently, certain parcels, to the Michigan Court of Appeals; and

WHEREAS, the City Council previously authorized the City Attorney to enter into settlement negotiations with The Dow Chemical Company; and

WHEREAS, sufficient funding exists within the City’s Reserve Fund Balance/Tax Appeal Contingency; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute final settlement documents, upon review and approval of the City Attorney, to be filed with the applicable Michigan courts; and

RESOLVED FURTHER, that the City of Midland is authorized to issue the applicable refund, per the settlement agreement, to The Dow Chemical Company.  (Motion ADOPTED.)

 

Dow’s Michigan Operations Site Leader David Dupre offered his appreciation to City Council and the City staff for the cooperation in settlement of this tax appeal.  He stated Dow’s Michigan Operations site competes with locations throughout the world and settlement of this tax appeal helps to increase the competitiveness of this site.

 

“THREE FREE” FEE WAIVER

Director of Public Services Martin McGuire presented a report for extending the “Three Free” fee waiver for yard waste through the leaf collection program.  The following resolution was then 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.)

 

SOIL SAMPLING LICENSE AGREEMENT – DOW CHEMICAL

Utilities Director Noel Bush presented a license agreement with The Dow Chemical Company to allow Dow and its contractors to sample the soil of 14 City parcels.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, part of The Dow Chemical Company’s (Dow) corrective action obligations under its hazardous waste facility Operating License for the Midland Facility requires Dow to evaluate if chemicals historically released from operations at its Midland Plant have affected area properties; and

WHEREAS, Dow is requesting that it be authorized to sample the soil of fourteen (14) City-owned parcels intended to aid Dow in conducting a bioavailability study necessary to develop a site specific clean-up limit for Midland; and

WHEREAS, staff recommends that a license agreement be executed to allow Dow and its contractors the right to access the identified City-owned properties and to obtain a soil sample; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute a license agreement with The Dow Chemical Company to allow Dow and its contractors to sample the soil of fourteen (14) City parcels, as part of Dow’s corrective action obligations under its hazardous waste facility Operating License for the Midland Facility, subject to document approval by the City Attorney.  (Motion ADOPTED.)

 

WATER SERVICE AGREEMENT – INGERSOLL TWP

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

 

WHEREAS, the City owns and operates a public water supply, treatment and distribution system which supplies water to customers within the City of Midland, Homer Township, Midland Township, Mills Township, and Larkin Township on a retail basis; and

WHEREAS, Ingersoll Township has requested the City to provide water service to customers within a designated service area within Ingersoll Township on a retail basis pursuant to terms and conditions of a Water Service Agreement between the City of Midland and Ingersoll Township; and

WHEREAS, the City is willing to provide such water service to customers within Ingersoll Township pursuant to the terms and conditions of said agreement; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the attached Water Service Agreement between the City of Midland and Ingersoll Township.  (Motion ADOPTED.)

 

FOURTH AMENDMENT TO WATER SERVICE AGREEMENT – MIDLAND TOWNSHIP

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

 

WHEREAS, on May 21, 1999 the City and Midland Township entered into a water service agreement; and

WHEREAS, on September 11, 2000 the City and Midland Township executed the First Amendment to the water service agreement; and

WHEREAS, on July 18, 2002 the City and Midland Township executed the Second Amendment to the water service agreement; and

WHEREAS, on August 25, 2003 the City and Midland Township executed the Third Amendment to the water service agreement; and

WHEREAS, the City desires to grant a request to provide water to Ingersoll Township, which requires that water provided by the City pass through and utilize the Midland Township water system; and

WHEREAS, it is necessary to amend the Water Service Agreement between the City and Midland Township to grant the City’s request; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Fourth Amendment to the Water Service Agreement between the City of Midland and Midland Township.  (Motion ADOPTED.)

 

GARAGE AND YARD SALE SIGN POLICY

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

 

WHEREAS, the sign policy was adopted by Midland City Council on September 12, 2006; and

WHEREAS, Midland City Council requested staff submit a report in a year evaluating the sign policy; and

RESOLVED, that the Midland City Council hereby adopts the continuation of the garage and yard sale sign placement policy in concert with the City Council operating policy as follows:

o         The maximum size of each sign shall be six (6) square feet.

o         The top of each sign shall be no more than 30” above the elevation of the crown of the roadway.

o         Each sign shall have the owner’s name and address affixed to the sign.

o         Signs in locations other than the site of the advertised activity may only be placed with the consent of the owner of the private property abutting the public right-of-way on which the sign is located.

o         Each sign placed inside the public right-of-way may not obstruct or otherwise interfere with vehicular or pedestrian traffic.

o         Each sign may be placed inside the public right-of-way from Thursday at 8:00 a.m. to Monday at 8:00 a.m.

(Motion ADOPTED.)

 

CALTECH INDUSTRIES, INC. – IFT CERTIFICATE AMENDMENT

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

 

WHEREAS, pursuant to Rule 54.(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more than 10% of the estimated amount on the application, a certificate holder shall request that the local unit approve the revised cost; and

WHEREAS, Caltech Industries, Inc. was issued Industrial Facilities Exemption No. 2006-180 which has a real property component of -0- and a personal property component of $96,089; and

WHEREAS, Caltech Industries, Inc. now knows the final cost of this project and that the actual cost for real property was -0- and the actual cost for personal property was $171,695.41; and

WHEREAS, Caltech Industries, Inc. has requested the City Council to approve a change in the personal property component of Industrial Facilities Exemption Certificate No. 2006-180; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by Caltech Industries, Inc. to increase the personal property portion of Industrial Facilities Exemption Certificate No. 2006-180 from $96,089 to 171,695.41; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a revised certificate to Caltech Industries, Inc. based on the amended personal property cost.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER P-06-15

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

 

RESOLVED, that Traffic Control Order No. P-06-15 filed July 24, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on E. Chapel Lane between Jefferson Avenue and 100 feet west of the center line of Tyler Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-06-16

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

 

RESOLVED, that Traffic Control Order No. P-06-16 filed August 18, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping, standing, and parking shall be prohibited on Chapel Lane between Nakoma Drive and 150 feet east of Wanetah Drive and that Traffic Control Order P-98-03 shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-06-02

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

 

RESOLVED, that Traffic Control Order No. S-06-02 filed August 22, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Chapel Lane shall stop for Wanetah Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

CRAFT SHOW SIGNS – 1460TH TRANS CO.

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

 

RESOLVED, that in accord with Section 22-2 of the Code of Ordinances, the request from the 1460th Transportation Company’s Family Readiness Group seeking permission to place temporary directional signs in the public right of way effective immediately through Saturday, October 28, 2006, to announce their annual craft show, is hereby approved subject to the following conditions:

  • Clear vision requirements must be followed and the signs must not obstruct the vision of motorists.  The signs will be confiscated if these requirements are violated.  John Wegner of the Building Department, 837-3390, can assist with proper placement, if necessary.
  • The signs must be removed no later than the end of the day on Saturday, October 28.
  • The sign ordinance does not permit portable marquis signs.
  • MDOT approval is required to place signs on the State trunk line (i.e. Eastman Ave.).

; and

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

 


WASHED CLASSIFIED FOUNDRY SAND PURCHASE

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

 

WHEREAS, the Landfill is in need of 10,000 cubic yards of sand for road building and protective cover in Cell 15; and

WHEREAS, washed classified foundry sand, a by-product of the production of engine blocks for automobiles, is approved by the Michigan Department of Environmental Quality for reuse in specific industries, including landfills; and

WHEREAS, Doc Heinz Contracting of Saginaw has a contract with General Motors of Saginaw, Michigan to haul washed classified foundry sand at a cost of $2.85 per cubic yard, which is $0.36 less than what was paid from years 1999 to 2004; and

WHEREAS, funding for this proposed purchase is available in Landfill Fund account #517-8110-811.76-26 – Operating Supplies/Daily Cover; now therefore

RESOLVED, that sealed proposals are hereby waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and authorization is given for a purchase order to Doc Heinz Contracting of Saginaw, Michigan in the amount of $28,500.00 ($2.85 x 10,000 yards) for purchase and delivery of washed classified foundry sand to the City of Midland Sanitary Landfill.  (Motion ADOPTED.)

 

DIAL-A-RIDE MDOT AGREEMENT #2007-0259

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

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for passenger transportation related services; and

WHEREAS, the City of Midland does hereby approve Master Agreement No. 2007-0259; and

WHEREAS, this resolution shall also approve execution of Project Authorization for Dial-A-Ride operating funds and capital purchases with the Michigan Department of Transportation which are issued under Agreement No. 2007-0259; now therefore

RESOLVED, that the Mayor and City Clerk be authorized and directed to execute Agreement No. 2007-0259 with the Michigan Department of Transportation for passenger transportation related services; and

RESOLVED FURTHER, that the City Manager be authorized to enter into and execute on behalf of the City of Midland all such Project Authorizations with the Michigan Department of Transportation for passenger transportation related services for the agreement period.  (Motion ADOPTED.)

 

MICHIGAN MAIN STREET PROGRAM AGREEMENT

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

 

WHEREAS, the Downtown Development Authority has applied for and received approval to enter into the Michigan Main Street Program; and

WHEREAS, on April 25, 2005 the City Council authorized the Mayor to sign a letter of support for the program; and

WHEREAS, the Michigan State Housing and Development Authority requires a Michigan Main Street Community Requirements and Expectation Agreement to remain in the Michigan Main Street Program; and

WHEREAS, the Agreement has been reviewed and approved by the City Attorney; now therefore

RESOLVED, that the City Manager is authorized to execute the Michigan Main Street Community Requirements and Expectation Agreement therefore in accord with the Michigan Main Street Program.  (Motion ADOPTED.)

 

FIRE DEPARTMENT STORAGE BUILDING CONSTRUCTION

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

 

WHEREAS, bids were received from various construction companies for a Fire Department Storage Building; and

WHEREAS, Tancor Corporation submitted a bid for the specified storage building; and

WHEREAS, the bid submitted is within the budget for the storage building project; now therefore

RESOLVED, that the City Council authorizes the Purchasing Agent to issue a Purchase Order in the amount of $48,600 to Tancor Corporation, the lowest responsive, responsible vendor, for the required remodels.  (Motion ADOPTED.)

 

ZONING PETITION NO. 531

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, October 10, 2006 for property located at 300 Joseph Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 20, 2006, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on November 3, 2006 and to publish said notice on November 4, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 AN OFFICE SERVICE ZONING WHERE A RESIDENTIAL A-4 ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

COMMENCING 1318 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF SECTION 34, T15N R2E, THENCE EAST 1265.93 FEET, THENCE NORTH 391.29 FEET TO THE SOUTH RIGHT OF WAY OF JOSEPH DRIVE, THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY OFJOSEPH DRIVE TO THE WEST RIGHT OF WAY LINE OF JEFFERSON AVENUE, THENCE SOUTH TO THE POINT OF BEGINNING. EXCEPT FOR THE FOLLOWING:  PART OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTHWEST ¼ OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 34, WHICH IS N 00D 30M 49S W ALONG SAID WEST LINE, 1318.01 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE CONTINUING N 00D 30M 49S W ALONG SAID WEST LINE, 329.56 FEET TO A POINT ON THE CENTERLINE OF JOSEPH DRIVE, THENCE N 89D 54M 40 S E, ALONG SAID CENTERLINE OF JOSEPH DRIVE 300 FEET:  THENCE S 00D 30M 49S E, PARALLEL WITH SAID WEST LINE OF SECTION 34, 329.56 FEET:  THENCE S 89D 54M 40S W PARALLEL WITH THE CENTERLINE OF JOSEPH DRIVE, 300 FEET TO THE POINT OF BEGINNING.  CONTAINING 2.70 ACRES OF LAND, SUBJECT TO THE USE OF THE NORTHERLY AND WESTERLY PORTIONS THEREOF AS JOSEPH DRIVE AND JEFFERSON ROAD RESPECTIVELY AND ALSO SUBJECT TO ANY OTHER EASEMENTS, RESTRICTIONS OR RIGHTS OF WAY OF RECORD. 

be, and the same is hereby changed to Office Service.

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.)

 

Being no further business the meeting adjourned at 7:45 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk