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.
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
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
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
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
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
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