September 17, 2007

 

A regular meeting of the City Council was held on Monday, September 17, 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

 

MINUTES

Approval of the minutes of the September 10, 2007 special and regular meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

CONSTITUTION WEEK

Community Relations Coordinator Libby Richart introduced Shirley Russell, Constitution Week Chairperson, the local Daughters of the American Revolution Regent.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of September 17 - 23, 2007, as Constitution Week in Midland.  (Motion ADOPTED.)  Mayor Johnson then presented Shirley Russell with the proclamation.

 

ROLLER SKATING MONTH

Community Relations Coordinator Libby Richart introduced David Schafer, owner of the Midland Roll Arena.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating October 1 - 31, 2007, as Roller Skating Month in Midland.  (Motion ADOPTED.)  Mayor Johnson then presented David Schafer with the proclamation.

 

ZONING PETITION NO. 544

Planning and Community Relations Director Keith Baker presented Zoning Petition No. 544 to rezone property at 2009, 2021, 2025, 2105, 2111, and 2113 Jefferson Avenue from Residential A-4 to Community.  Chris Tointon, President of the Greater Midland Area Community Center, spoke in favor of the rezoning.  A public hearing opened at 7:14 p.m., recognizing no public comments, the hearing closed at 7:14 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1643

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 A COMMUNITY 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:

LOT 3 HIGHLANDVIEW SUB.

BEG AT NE COR OF LOT 4 HIGHLANDVIEW SUB N 60 FT, W 130 FT, S 60 FT, E 130 FT TO BEG AND N 5 FT OF LOT 4 HIGHLANDVIEW SUB.

LOT 5 & E 10 FT OF LOT 31 HIGHLANDVIEW SUB

LOT 6 EXC W 10 FT HIGHLANDVIEW SUB

LOT 7 HIGHLANDVIEW SUB

OUTLOT A LOTS 1, 2 & S 60 FT OF LOT 4, LOTS 29 THRU 37 & 41 THRU 47 HIGHLANDVIEW SUB & W 10 FT OF LOT 6, & W ½ OF VAC HIGHLAND ST, VAC MILL ST & VAC RELOCATED MILL ST EXC E 10 FT OF LOT 31 EXC BEG AT SE COR OF LOT 41 HIGHLANDVIEW SUB, TH ALG A 50 FT RAD CUR TO RT, CEN PT BEING S 44 DEG 45 MIN 32 SEC E 50 FT OF POB, 219.33 FT TO SE R/W LN OF MILL ST, N 45 DEG 14 MIN 28 SEC E 47.37 FT, N 44 DEG 45 MIN, 32 SEC W 66 FT TO POB, ALSO LOT 16 & NE 50 FT OF SW 104.9 FT OF LOT 1 & VAC ALLEY ADJ, BLK 5 DOW CHEM CO.

Be, and the same is hereby changed to Community.

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.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 263

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 263, the request of MSARI Holdings, LLC for a 5,800 square foot proposed industrial manufacturing building located at 1905 Mark Putnam Road on 1.61 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 263 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 263, contingent upon the following:

      1.   All parking spaces shall be delineated by the “box” style striping per Section 5.01(D)3 of the Zoning Ordinance.

      2.   All exterior site lighting be fully shielded and all illumination shall not exceed 1.0 foot candle at the property lines.

      3.   Storm water retention plans shall be approved by the City Engineering Department.

      4.   A separate irrigation service shall be installed for all landscaping.

      5.   Approved for up to 12 parking spaces.

(Motion ADOPTED.)

 

SITE PLAN NO. 265

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 265, the request of Bartow & King Engineers, Inc., for a 12,800 square foot proposed Fitness Center building located at 605 East Wackerly Street on 1.86 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 265 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 265, contingent upon the following:

      1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   Sidewalk shall be installed along East Wackerly Street in accordance with City of Midland specifications.

      7.   Two additional trees shall be installed.

(Motion ADOPTED.)

 

2008 COUNCIL REGULAR MEETING DATES

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 2008 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 7 and 21                                            February 11 and 25

            March 10 and 24                                             April 14 and 28

            May 12 and 19                                     June 9 and 23

            July 14 and 21                                                 August 11 and 25

            September 8 and 15                                       October 13 and 27

            November 10 and 17                                      December 8 and 15

;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.)

 


RIVERSIDE PLACE – PURCHASE OF TWO BOILERS

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

 

WHEREAS, sealed proposals were advertised and received on August 14, 2007 in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase and installation of a boiler at the Grace A. Dow Memorial Library, Bid No. 3041; and

WHEREAS, the low bidder, J & D Plumbing, has agreed to extend the same unit price for the purchase and installation of two boilers at Riverside Place; and

WHEREAS, funding for two boilers is included in the Riverside 2007-08 Equipment Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to J & D Plumbing, Sanford, Michigan in the amount of $28,870.00 for the purchase and installation of two boilers at Riverside Place, in accordance with the proposal and City specifications in Bid No. 3041.  (Motion ADOPTED.)

 

2007 CINEMA DRIVE & PLYMOUTH PARK DRIVE RECONSTRUCTION

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Cinema Drive from the mall loop road to 750 feet easterly and paving of part of Plymouth Park Drive; and

WHEREAS, funding for the Plymouth Park Drive paving is provided by the Local Street Fund and the reconstruction of Cinema Drive is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Crawford Contracting, Inc. of Alma, Michigan, for the "2007 Cinema Drive & Plymouth Park Drive Reconstruction; Contract No. 9", in the indicated amount of $137,886.20, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 

SOFTWARE IMPROVEMENTS – PURCHASE ORDER INCREASE

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

 

WHEREAS, the City of Midland Landfill has been utilizing a software package developed internally since the early 1990’s to transact its daily business, and with the advent of non-traditional payment options, as well as regulatory reporting demands, staff sought to improve the capabilities and ease of use of its software; and

WHEREAS, in 2005 the Landfill solicited bids for the installation of a new software system, contracted Commonwealth Solutions of Livonia (Commonwealth) in the amount of $19,870.00, which includes $1,870.00 to migrate data from the current system to Commonwealth’s Insight Environmental (Insight) software; and

WHEREAS, during development staff was not confident that the two-way synchronization was going to work as planned due to the complexity of the City’s integrated HTE system, and changing to a one-way synchronization would eliminate the need to maintain customer data in both Insight and HTE and allow for the full use of the Insight software; and

WHEREAS, the additional costs include a software license and the customized interface and audit system is estimated to be $14,590.00; and

WHEREAS, sufficient funds are available in Landfill Fund account:  517-9120-912.97-40 –Computers/ Software; now therefore

RESOLVED, authorization is hereby given to increase the existing purchase order for Commonwealth Solutions of Livonia in the amount of $14,590.00 for:  1) the addition of one software license and 2) the development of a custom interface and data auditing system, bringing the total amount of the purchase order to $34,460.00; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve future increases in the purchase order in an aggregate amount not to exceed $3,000.00.  (Motion ADOPTED.)

 

DOW CHEMICAL IFT APPLICATION - $11,500,000

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

 

RESOLVED, that an application dated September 4, 2007, was received September 5, 2007, from the Dow Chemical Company, 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 exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to facility upgrades to both real and personal property to provide a long term solution for Michigan Operation warehousing and storage needs with a total project cost of $11,500,000, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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 1, 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 CHEMICAL IFT APPLICATION - $7,100,693

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

 

RESOLVED, that an application dated September 4, 2007, was received September 5, 2007, from the Dow Chemical Company, 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 exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to facility upgrades to both real and personal property within Michigan Operations to establish the 304 Building as the base of operations for the brake fluids business within Dow by creating brake fluid blending, packaging, storage and shipping capacity with a total project cost of $7,100,693, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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 1, 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 CHEMICAL IFT APPLICATION – $6,300,000

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

 

RESOLVED, that an application dated September 4, 2007, was received September 5, 2007, from the Dow Chemical Company, 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 exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to personal property improvements to increase the production capacity of Divinylbenzene with a total project cost of $6,300,000, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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 1, 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 CHEMICAL IFT APPLICATION - $53,502,700

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

 

RESOLVED, that an application dated September 6, 2007, was received September 10, 2007, from the Dow Chemical Company, 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 exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property within Michigan Operations to construct a research and development plant to further develop the integration of new solar cell technology into the design of building materials, known as building integrated photovoltaics (BIPV’s) with a total project cost of $53,502,700, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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 1, 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 CHEMICAL IFT APPLICATION - $86,000,000

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

 

RESOLVED, that an application dated September 6, 2007, was received September 10, 2007, from the Dow Chemical Company, 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 exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to facility upgrades to both real and personal property within Michigan Operations for the Dow Automotive DPF Automotive Filter Manufacturing Capacity project to rehabilitate approximately 85,200 square feet of currently idle process space in the 686, 1220 and 1255 Buildings with a total project cost of $86,000,000, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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 1, 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 AGROSCIENCES, LLC IFT APPLICATION - $38,500,000

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

 

RESOLVED, that an application dated September 7, 2007, was received September 10, 2007, from Dow AgroSciences, LLC, 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 exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to facility upgrades to both real and personal property to allow for the capacity expansion of the recently introduced compound Aminopyralid, developed for the control of noxious and invasive weed species in rangeland, pastures and industrial vegetation management sites with a total project cost of $38,500,000, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 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 1, 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 7:19 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk