January 22, 2007

 

A regular meeting of the City Council was held on Monday, January 22, 2007, 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

 

Councilman Adams requested the removal of Agenda Item 7 from the Consent Agenda.

 

MINUTES

Approval of the minutes of the January 4, 2007 special, January 8, 2007 special and regular, and January 15, 2007 special meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

VACATION OF BUTTLES & BAY CITY ROAD

City Planner Daryl Poprave introduced a request from The Dow Chemical Company to vacate Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street.  Todd Konechne and Rolly Shook of The Dow Chemical Company Safety and Security Department spoke regarding Dow’s security objectives and the requested vacation project.  A public hearing opened at 7:24 p.m., recognizing no comments, the hearing closed at 7:24 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the Midland City Council, acting upon the request of The Dow Chemical Company, Michigan Operations for vacation of Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending vacation of Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street to retain utility easements; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council vacate Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street; and

RESOLVED FURTHER, that the Midland City Council direct the City Attorney to prepare documents to convey this vacated property to The Dow Chemical Company in accordance with local and state statutes; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion ADOPTED.)

 

VACATION OF MIDFIELD LANE

City Planner Daryl Poprave introduced a request from the Midland Soccer Club to vacate Midfield Lane from Soccer Drive to 430’ south of Joseph Drive.  A public hearing was opened at 7:33 p.m.  Chuck Groulx, 1727 Fieldcrest Lane inquired about the vacation of public rights-of-way and who owns the property after vacation.  The hearing closed at 7:35 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland City Council, acting upon the request of the City of Midland for vacation of Midfield Lane from Soccer Drive to 430 feet south of Joseph Drive, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, an agreement was reached between the Midland Soccer Club and the City of Midland in March of 2004 detailing how, when and under which conditions a portion of Midfield Lane would be vacated and conveyed to the Midland Soccer Club; and

WHEREAS, a report has been received from the Midland Planning Commission recommending vacation of Midfield Lane from Soccer Drive to 430 feet south of Joseph Drive to retain utility easements; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to vacate Midfield Lane from Soccer Drive to 430 feet south of Joseph Drive; and

RESOLVED FURTHER, that the Midland City Council direct the City Attorney to prepare documents to convey this vacated property to the Midland Soccer Club in accordance with local and state statutes; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer. (Motion ADOPTED.)

 

2006-07 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

City Engineer Brian McManus introduced an amendment to the 2006-07 Major Street Maintenance Fund budget to increase revenues from additional transfers of County Road Millage and to increase appropriations to transfer additional funds to the Major Street Construction Fund for the Eastman Avenue Improvement project and Amendment No. 7 to the DLZ Michigan, Inc. agreement.  A public hearing opened at 7:50 p.m.  Oswald Anders stated he is pleased to see the City pursue the Smart Signalization technology because he feels it identifies us as a forward-thinking community.  The hearing closed at 7:55 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the Major Street Maintenance Fund’s 2006-07 budget is hereby amended to recognize $150,000 of additional revenues from the transfer of County Road Millage, and to increase appropriations by $150,000 to transfer said funds to the Major Street Construction Fund for the Eastman Avenue Improvement Project.  (Motion ADOPTED.)

 

DLZ CONTRACT AMENDMENT NO. 7

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

 

WHEREAS, DLZ was retained in March 2005 to perform traffic study and analysis to improve traffic flow on Eastman Avenue in the area of the Midland Mall; and

WHEREAS, DLZ has submitted a final study report and concluded their obligations for their original contract and subsequent amendments to date; and

WHEREAS, the City desires the assistance of DLZ for Professional Services related to the engineering design for proposed Eastman Avenue improvements; now therefore

RESOLVED, that City Council authorizes the City Manager to approve Contract Amendment No. 7 to the DLZ Michigan, Inc. Agreement for Professional Services, in the amount of $120,000, for said additional work; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders further modifying or altering said agreement in an amount not to exceed $20,000.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Bill Waterman spoke regarding the Zoning Board of Appeal’s recent variance consideration for the construction of senior housing units in the Bayliss Street area.   Mr. Waterman stated a housing study should be done prior to allowing additional senior housing construction.  Mr. Waterman commented there was already ample rental space in Midland and the landlords group has asked for a housing study for three years. 

Oswald Anders spoke in support of Mr. Waterman’s comments.

Floyd Andrick, 2926 Artcrest Drive, supports comments made by Mr. Waterman and Mr. Anders and expressed the difficulties of being a landlord at this time due to the number of vacant rental spaces.

 

MUNICIPAL CIVIL INFRACTIONS – ORDINANCE AMENDMENT (1st reading)

City Attorney James O. Branson III presented an ordinance to amend Section 34-5 of Chapter 34 of the Midland Code of Ordinances to include violations of the Rules and Regulations of the Jack Barstow Municipal Airport as civil infraction violations.  Introduction and first reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

 (1)         Chapter 8, Uniform Fire Code.

(2)          The city zoning ordinance.

(3)          Chapter 29, Stormwater Runoff Regulation and Control.

(4)          Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)          Article VI of Chapter 15, Telecommunications.

(6)          Article IV, Chapter 22, Addresses.

(7)          Article V, Chapter 5, Soil Erosion and Sedimentation Control.

(8)          Rules and Regulations of the Jack Barstow Municipal Airport.

Section 2.   This Ordinance shall take effect on March 5, 2007.  (Motion ADOPTED.  Considered first reading.)

 

BOARD OF REVIEW – MCFARLANE APPOINTMENT

City Councilman Hollis McKeag presented information pertaining to the appointment of Charles McFarlane to the Board of Review.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Charles McFarlane is hereby appointed to the Board of Review to fill an unexpired term to expire April 30, 2009.  (Motion ADOPTED.)

 

VOTING ISSUES IN WARD 1 PCT 6 – STAFF REPORT

City Manager Jon Lynch presented information on the staff report to Council on Voting Issues in Ward 1, Precinct 6.  The following resolution was then offered by Councilman Adams and seconded by Councilman Myers:

 

WHEREAS, during the November 20, 2006, City Council meeting, Councilmen Rokosz and Adams expressed concern regarding difficulty in voting experienced by citizens of Precinct 1-6 and requested that staff review this matter and make improvements to avoid disenfranchising voters in the future; and

WHEREAS, City staff members met with staff of Midland County and Bay County to discuss City Polling Location 1-6; and

WHEREAS, staff has prepared a report which identifies the corrective measures to be taken to correct the voting issues in Precinct 1-6; now therefore

RESOLVED, that the Staff Report to the City Council on Voting Issues in Precinct 1-6 is hereby received and filed in the Office of the City Clerk.  (Motion ADOPTED.)

 

PROFESSIONAL ASSESSING SERVICES CONTRACT

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

 

WHEREAS, the City desires to retain a Contract Assessor for purposes of providing contractual professional services to the City of Midland’s Assessing Department during the 2007 assessing process; and

WHEREAS, the City agrees to pay the Contract Assessor a fee, for reviewing and certifying the 2007 assessment roll, in the amount of Twenty Thousand Dollars and no/100 ($20,000.00), payable in two (2) equal installments of Ten Thousand Dollars and no/100 ($10,000.00) each on March 1, 2007 and April 20, 2007; and

WHEREAS, the City agrees to pay the Contract Assessor an additional fee, in the event Midland’s current City Assessor has not completed his level IV certification before March 1, 2007, of Five Thousand Dollars ($5,000.00) on April 30, 2007 for his services to certify the 2007 assessment roll; now therefore

RESOLVED, that the Council authorizes the Mayor and City Clerk to enter into a contract with Robert C. Brandmier, Level IV Contract Assessor, for contractual professional services.  (Motion ADOPTED.)

 

DART COORDINATOR & DART OPERATING ASSISTANCE

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

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2008 and, therefore it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted a proposed balanced budget of approximately $1,631,076 for Dial-A-Ride operations in 2007/2008 with the intent to apply for an estimated $629,922 in state operating assistance funds; an estimated $244,661 in federal 49 USC 5311 operating assistance funds; and an estimated $756,493 from fare box fees and local general fund support to balance the budget for state fiscal year 2008; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

DRY PRIME TRASH PUMP - LANDFILL

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

 

WHEREAS, sealed bids for the purchase of a Dry Prime Trash Pump, Bid No. 2979, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Thompson 6TSC-DJDST-4045D-M trash pump offered by Thompson Pump Midwest of Troy, Michigan meets City's specifications; and

WHEREAS, the current Landfill fiscal year budget contains funding for purchase of the trash pump in account #517-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that the low bid from Thompson Pump Midwest of Troy, Michigan in the amount of $22,199.00 is accepted and a purchase order for the purchase of a Thompson 6TSC-DJDST-4045D-M trash pump is authorized. (Motion ADOPTED.)

 

PLAYGROUND EQUIPMENT PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of playground equipment, Bid No. 2990; and

WHEREAS, sufficient funds are included in the capital budget in the Parks Fund for the purchase of the playground equipment; now therefore

RESOLVED, that the low bid meeting City specifications submitted by Engan-Tooley-Doyle and Associates of Okemos, Michigan for the purchase of playground equipment is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Engan-Tooley-Doyle and Associates in the amount of $33,117.00 in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 

STREET VACATION – AUSTIN STREET AND BAY CITY ROAD

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

 

WHEREAS, the Midland City Council, acting upon the request of The Dow Chemical Company, Michigan Operations for vacation of Austin Street and Bay City Road, including sections of 18th Street, 19th Street, 21st Street and Washington Street referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of Austin Street and Bay City Road, including sections of 18th Street, 19th Street, 21st Street and Washington Street to retain utility easements; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of Austin Street and Bay City Road, including sections of 18th Street, 19th Street, 21st Street and Washington Street; and

RESOLVED FURTHER, that the 26th day of February 2007, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said streets, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing with advertising dates on February 3, 2007; February 10, 2007 and February 17, 2007; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion ADOPTED.)

 

PROPOSED 2006-07 CDBG BUDGET AMENDMENT

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, February 12, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering amendments to the Community Development Block Grant Budget for the City of Midland for fiscal year 2006-07 by re-appropriating funds as follows:

            Allocation                                                                      Amount

Welch Drive Improvements                                                    $123,200.00

Laughton Drive Improvements                                               $141,900.00

Purchase/Demo 1311 W. Union                                            $  35,000.00

Washington Woods – Energy Manager                                 $  30,000.00

Cleveland Manor – Generator purchase                                 $  28,900.00

                                    TOTAL:                                                                       $359,000.00

(Motion ADOPTED.)

 

PROPOSED 2006-07 WASHINGTON WOODS BUDGET AMENDMENT

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

 

WHEREAS,    the Community Development Block Grant Fund intends to award $30,000 to Washington Woods, a City of Midland senior housing facility, to upgrade the energy management system; and

WHEREAS, it is the intent of the City of Midland to expend these funds during the 2006-07 fiscal year, for the purpose for which they were awarded; and

WHEREAS, these funds were not anticipated when the 2006-07 budget for the

Washington Woods Fund was approved; therefore, a budget amendment to the 2006-07 budget of the Washington Woods Fund is necessary to expend these funds; now therefore

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. on Monday, February 12, 2007, in the Council Chambers of City Hall on the proposal to amend the 2006-07 Washington Woods Fund budget in order to increase revenues by $30,000 to recognize the transfer from the Community Development Block Grant Fund, and increase capital equipment expenditures by the same.  (Motion ADOPTED.)

 

DOW CORNING CORPORATION – IFT APPLICATION ($6,199,000)

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

 

RESOLVED, that an application dated December 6, 2006 was received December 6, 2006, 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 additional machinery and equipment for two of Dow Corning’s Core Products Businesses: the Organo Supply Chain is replacing their 9117 & 9121 columns in the 2703 Building to improve existing capabilities, process integrity and reliability; and the Rubber Supply Chain is adding capacity as well as upgrading their process control system, with the total project having a cost of $6,199,000, and being expected to retain 20 existing jobs, 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, February 12, 2007, 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.)

 

DOW CORNING CORPORATION – IFT APPLICATION ($4,428,000)

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

 

RESOLVED, that an application dated December 6, 2006 and amended December 13, 2006 was received December 6, 2006, 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, the Dow Corning Corporation Plant Rehabilitation District and the Dow Corning 321 Plant Rehabilitation District, relating to the purchase of additional machinery and equipment for Dow Corning’s Specialty Chemical Business: in the Paper Coating Supply Chain, added piping and minor equipment will allow for higher utilization of the current process and a new process chiller is being added to the 106 Building; the Phenyl Supply Chain is adding process equipment in the 505 Building and is also adding an Amino Vac Stretch Upgrade in their 303 Building, with the total project having a cost of $4,428,000, and being expected to retain 11 existing jobs, 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, February 12, 2007, 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.)

 

DOW CORNING CORPORATION – IFT APPLICATION ($629,000)

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

 

RESOLVED, that an application dated December 6, 2006 was received December 6, 2006, 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 a two-part special project currently under development at the Midland Plant site; the first part is to acquire and install Polysilane finishing capability and the second part consists of adding the necessary utility drops, tables and general lab facilities to reopen labs in the 5101 Building for use in the BTI organization, with the total project having a cost of $629,000, and being expected to help retain 920 existing jobs, 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, February 12, 2007, 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.)

 

DOW CORNING CORPORATION – IFT APPLICATION ($461,800)

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

 

RESOLVED, that an application dated December 6, 2006 was received December 6, 2006, 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, relating to the purchase of additional equipment for the Electronics Business to develop and test new materials, including replacing a hood in the 3102 Building and adding a pilot assembly line in the 5101 Building, with the total project having a cost of $461,800, and being expected to retain 29 existing jobs, 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, February 12, 2007, 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.)

 

DOW CORNING CORPORATION – IFT APPLICATION ($751,000)

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

 

RESOLVED, that an application dated December 6, 2006, and amended on December 13, 2006 and again on January 4, 2007 was received December 6, 2006, 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 various site improvements at Dow Corning’s Midland Plant including adding SWR piping in the 2703 Building and the implementation of an electrical and steam management project at the site level, with the total project having a cost of $751,000, and being expected to help retain 420 existing jobs, 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, February 12, 2007, 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 8:43 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk