October 1, 2007

 

A regular meeting of the City Council was held on Monday, October 1, 2007, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Myers presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, James Myers, Joseph Rokosz

Councilmen absent:

Bruce Johnson, Hollis McKeag

 

MINUTES

Approval of the minutes of the September 13, 2007 special, September 17, 2007 special and regular meeting was offered by Councilman Adams and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

FIRE PREVENTION WEEK

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 7 - 13, 2007, as FIRE PREVENTION WEEK in Midland.  (Motion ADOPTED.)  Midland Fire Chief Leonardo Garcia accepted the proclamation naming October 7-13, 2007, as Fire Prevention Week in Midland. 

 

DOW CHEMICAL COMPANY BROWNFIELD REDEVELOPMENT PLAN NO. 4

Assistant City Manager Jack Duso introduced The Dow Chemical Company Brownfield Redevelopment Plan #4.  David Dupree, Vice President of Michigan Operations for The Dow Chemical Company, presented an overview of Brownfield Redevelopment Plan #4 and five other projects being considered for Industrial Facilities Exemption Certificates.  A public hearing opened at 7:22 p.m. Scott Walker, Executive Director for Midland Tomorrow, spoke in favor of the Brownfield Plan and encouraged Council to grant the exemption certificate requests.  The public hearing closed at 7:25 p.m.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least twenty (20) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.            The Plan constitutes a public purpose under the Act;

B.            The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.  (Motion ADOPTED.)

 

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE APPLICATIONS

City Assessor Reid Duford presented five requests for Industrial Facilities Exemption Certificates from The Dow Chemical Company and one from Dow AgroSciences, LLC, within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1.  A public hearing on the six projects opened at 7:36 p.m., recognizing no public comments, the hearing closed at 7:36 p.m.  The following six resolutions were then presented for consideration. 

 

DOW CHEMICAL COMPANY – IFT REQUEST ($11,500,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 4, 2007, which was received by the City Clerk on September 5, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $11,500,000, which includes $5,000,000 in new personal property and $6,500,000 in real property improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, to provide a long term solution for Michigan Operations warehousing and storage needs and will allow The Dow Chemical Company to make facility upgrades to both real and personal property in order to increase logistical operating efficiency and make Michigan Operations more competitive long term; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 1, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within a plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT REQUEST ($7,100,693)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 4, 2007, which was received by the City Clerk on September 5, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $7,100,693, which includes $6,510,072 in new personal property and $590,621 in real property improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, to allow The Dow Chemical Company to make building additions and modifications and to purchase personal property 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; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 1, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within a plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2019; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT REQUEST ($6,300,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 4, 2007, which was received by the City Clerk on September 5, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $6,300,000, which is all new personal property with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, to allow The Dow Chemical Company to purchase personal property to increase the production capacity of Divinylbenzene, which is a monomer used in a broad range of applications; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 1, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within a plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2019; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT REQUEST ($53,502,700)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 6, 2007, which was received by the City Clerk on September 10, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $53,502,700, which includes $36,494,100 in new personal property and $17,008,600 in real property improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, for the purchase of 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); and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 1, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within a plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT REQUEST ($86,000,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 6, 2007, which was received by the City Clerk on September 10, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $86,000,000, which includes $72,350,000 in new personal property and $13,650,000 in real property improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, 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; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 1, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within a plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW AGROSCIENCES, LLC – IFT REQUEST ($38,500,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, Dow AgroSciences, LLC made an application dated September 7, 2007, which was received by the City Clerk on September 10, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $38,500,000, which includes $29,800,000 in new personal property and $8,700,000 in real property improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, and being intended to allow for the capacity expansion of the recently introduced compound Aminopyalid, developed for control of noxious and invasive weed species in rangeland, pastures and industrial vegetation management sites; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 1, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within a plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Dow AgroSciences, LLC considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Dow AgroSciences, LLC for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Dow AgroSciences, LLC pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 262

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 262, the request of Three Rivers Corporation on behalf of the City of Midland for an 11,070 square foot proposed golf cart storage and maintenance building located at 1116 Currie Parkway on 113 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 262 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. 262, contingent upon the following:

      1.   All exterior lighting shall adhere to Section 3.12 of the Zoning Ordinance.

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

(Motion ADOPTED.)

 

SITE PLAN NO. 266

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 266, the request of The Dow Chemical Company for a 103 stall asphalt parking lot located at 901 Waldo Avenue on 6.98 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 266 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. 266, 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 5.01(d) of the Zoning Ordinance and be delineated by the ”box” style striping.

      6.   Sidewalk shall be installed along Waldo Avenue.

      7.   Parking to be increased in excess of Section 5.1(c) (7) to allow the new construction of 103 stalls for total site parking of 334 parking stalls.

(Motion ADOPTED.)

 

WATER SERVICE AGREEMENT – WATER DISTRICT NO. 1 OF MIDLAND COUNTY

Assistant City Manager Jack Duso presented a resolution approving a Water Service Agreement between the City of Midland and the Water District No. 1 of Midland County.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland owns and operates a public water supply, treatment and distribution system which supplies treated water to retail customers within the City of Midland and several townships in Midland County, and wholesale customers in Midland County and Bay County; and

WHEREAS, the City of Midland and County of Midland entered into a Filtered Water Service Agreement on August 21, 1969; and

WHEREAS, on October 27, 2003, the City, the Water District No. 1 of Midland County, and the County of Midland agreed to assign the County of Midland’s interest in the Filtered Water Service Agreement to the Water District No. 1 of Midland County by entering into the First Amendment to the Filtered Water Service Agreement; and

WHEREAS, the First Amendment to the Filtered Water Service Agreement also amended Paragraph 5 and Exhibit A of the Filtered Water Service Agreement by adding a portion of Hope Township and a portion of Edenville Township and removing the entirety of Homer Township and Lee Township; and

WHEREAS, the Filtered Water Service Agreement, as amended, may be terminated by either party after expiration of forty (40) years from August 21, 1969, upon one year’s written notice served upon the other party by delivering same to the City Manager or the Water District No. 1 of Midland County as the case may be, or at any time upon mutual consent of both parties or as provided in Section 6 of the Filtered Water Service Agreement, as amended; and

WHEREAS, the City of Midland and the Water District No. 1 of Midland County wish to terminate the existing Filtered Water Service Agreement, as amended, and enter into a new Water Service Agreement; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the attached Water Service Agreement between the City of Midland and the Water District No. 1 of Midland County.  (Motion ADOPTED.)

 

CERTIFYING THE DDA AS REDEVELOPMENT PROJECT AREA (MOLLY’S BISTRO)

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

 

WHEREAS, Molly’s Bistro of Midland, LLC, has submitted an application to the Michigan Liquor Control Commission for a Class C liquor license issued under Public Act 501 of 2006; and

WHEREAS, it is necessary that Molly’s Bistro of Midland, LLC, be located within a development district as defined in Public Act 501 of 2006; and

WHEREAS, the Michigan Liquor Control Commission has determined that in addition to being located in a development district as defined in Public Act 501 of 2006, it is also necessary to certify that the development district is a redevelopment project area; now therefore

RESOLVED, that the City Council hereby certifies that the Downtown Development Authority of the City of Midland is a redevelopment project area and that Molly’s Bistro of Midland, LLC, located at 134 Ashman St., Midland, Michigan, is within the Downtown Development Authority and the redevelopment project area.  (Motion ADOPTED.)

 

GRANT – PUBLIC ADDRESS SYSTEM AT WASHINGTON WOODS

Planning and Community Development Director Keith Baker presented information on a grant from the Midland Area Community Foundation City of Midland Senior Housing Improvement Fund for the purchase and installation of a public address system for the Gerstacker Community Room at Washington Woods.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

WHEREAS, the Midland Area Community Foundation has contributed $2,582.00 to Washington Woods, a City of Midland senior housing facility, to purchase and install a public address system in the Gerstacker Community Room; and

WHEREAS, it is the intent of the City of Midland to expend these funds during the 2007-2008 fiscal year, for the purpose for which they were contributed; now therefore

RESOLVED, that City Council accepts the $2,582.00 contribution from the Midland Area Community Foundation City of Midland Senior Housing Improvement Fund to purchase and install a public address system for the Gerstacker Community Room at Washington Woods.  (Motion ADOPTED.)

 

PURCHASE AGREEMENT FOR 3308 AARON COURT

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

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of a house at 3308 Aaron Court, in the City of Midland; and

WHEREAS, an agreement to purchase the property at 3308 Aaron Court was submitted by Chester and Shannon Krolikowski, who agreed to a purchase price of Twenty Thousand Dollars ($20,000.00); now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using funds from the Community Development Block Grant (CDBG) Program.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER R-07-09

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

 

RESOLVED, that Traffic Control Order No. R-07-09 filed July 10, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit of Fast Ice Drive between Bay City Road and Rockwell Drive shall be 30 mph. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-07-10

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

 

RESOLVED, that Traffic Control Order No. R-07-10 filed July 13, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit of Letts Road between Sturgeon Avenue and Perrine Road shall be 35 mph.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-07-07

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

RESOLVED, that Traffic Control Order No. S-07-07 filed July 16, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Fast Ice Drive shall stop for Rockwell Drive.  

is hereby made permanent.  (Motion ADOPTED.)

 

2006-07 LIBRARY BOARD ANNUAL REPORT

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

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2006/2007 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2006/2007 Annual Report of the Grace A. Dow Memorial Library Board be received.  (Motion ADOPTED.)

 

REJECTED BIDS – DIAL-A-RIDE BUSES

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

 

WHEREAS, the City of Midland requested replacement of seven buses in the Dial-A-Ride fleet as part of the annual state application for operating assistance in FY 2006; and

WHEREAS, the State of Michigan Department of Transportation has approved said request and has acquired the necessary funding for the purchases of these replacement buses; and

WHEREAS, sufficient funding for the purchase of seven buses is included in the 2007-08 Dial-A-Ride budget for Capital Outlay, Vehicles along with the corresponding revenue from the FY 2006 capital grant; and

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 seven light duty cutaway buses, Bid No. 3047; and

WHEREAS, staff received notification after said bids were received that the State of Michigan Extended Purchasing Program’s contract for light duty cutaway buses has been extended through November 15, 2007; now therefore

RESOLVED, that all responses to Bid No. 3047 are rejected in favor of ordering said buses off the State’s contract.  (Motion ADOPTED.)

 

PURCHASE - DIAL-A-RIDE BUSES

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

 

WHEREAS, the City of Midland requested replacement of seven buses in the Dial-A-Ride fleet as part of the annual state application for operating assistance in FY 2006; and

WHEREAS, the State of Michigan Department of Transportation has approved said request and has acquired the necessary funding for the purchase of these replacement buses; and

WHEREAS, sufficient funding for the purchase of seven buses is included in the 2007-08 Dial-A-Ride budget for Capital Outlay, Vehicles along with the corresponding revenue from the FY 2006 capital grant; now therefore

RESOLVED, that the purchase of the buses through the State of Michigan Extended Purchasing Program is hereby authorized; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Hoekstra Transportation, Inc. of Grand Rapids, Michigan in the amount of $417,606.00 for the purchase of seven 8+2 passenger cutaway buses, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications; and

RESOLVED FURTHER, that, after the new replacement buses are put into service, the old buses shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for Dial-A-Ride operational expenses.  (Motion ADOPTED.)

 

PURCHASE – TWO TILT-CAB DUMP TRUCKS

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

 

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 two Tilt-Cab Dump Trucks, Bid No. 3048; and

WHEREAS, funding for the new trucks is included in the 2007-08 Equipment Revolving Fund and General Fund budgets for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Red Holman GMC of Westland, Michigan in the net amount of $71,560.00 for the purchase of two tilt-cab dump trucks, including trade-in of City equipment number 3-39, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

PURCHASE – TWO REPLACEMENT DUMP BODIES

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

 

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 two replacement dump bodies, Bid No. 3049; and

WHEREAS, funding for the new trucks is included in the 2007-08 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore


RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to NBC Truck Equipment of Roseville, Michigan in the amount of $44,060.00 for the purchase of two replacement dump bodies to be installed on City equipment numbers 3-42 and 3-43, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

PURCHASE – FIRE PUMPER UNIT

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

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Fire Pumper Truck, with trade-in, Bid No. 3042; and

WHEREAS, funding for a fire pumper unit in the amount of $410,000 is included in the 2007-2008 Equipment Revolving Fund budget for Capital Outlay, Vehicles; and

WHEREAS, the three low bids failed to meet specifications, and the low bid meeting specifications was offered by Payette & Associates; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a Purchase Order to Payette & Associates of Grosse Ile, Michigan in the net amount of  $365,449.00 for the purchase of a fire pumper, including trade-in of City equipment #9-37 and selected options, in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

LANDFILL – STANDBY GENERATORS

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

 

WHEREAS, the City of Midland Landfill’s main use of electrical power is for the gatehouse computers and air handling equipment, and the many pumps that distribute leachate from each cell, pumping it to the Landfill pump station; and 

WHEREAS, sealed bids for Standby Generators - Bid No. 3054, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid for the purchase of (1) Generac #SD40 fixed standby generator ($23,753.50) and (1) Generac #SD35 trailer mounted generator ($23,432.00) were submitted by Wolverine Power of Wixom; and 

WHEREAS, funding has been budgeted in the 2007/08 Landfill Fund account 517-9120-912.97-25 - Capital Equipment; now therefore

RESOLVED, that the low bids submitted by Wolverine Power of Wixom for the purchase of (1) Generac #SD40 fixed standby generator ($23,753.50) for the Landfill gatehouse facility and (1) Generac #SD35 trailer mounted generator ($23,432.00) for the leachate pumps at the Landfill site are hereby accepted, and a purchase order in the aggregate amount of $47,185.50 is authorized.  (Motion ADOPTED.)

 

WASTEWATER – STANDBY GENERATOR

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

 

WHEREAS, as part of an on-going process to improve the sanitary sewer system reliability and to reduce the probability of sewer backups staff recommends the purchase and installation of a fixed standby generator at the Landfill sanitary pump station at East Ashman Street; and

WHEREAS, sealed bids for the Standby Generators, Bid No. 3054, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid submitted by Wolverine Power of Wixom for the purchase of a Generac #SD35 fixed standby generator to be installed at the Landfill sanitary pump station meets the City's specifications; and 

WHEREAS, funding has been budgeted in the 2007/08 Wastewater fund account 590-9120-912.97-65 - Capital Projects; now therefore

RESOLVED, that the low bid submitted by Wolverine Power of Wixom for the purchase of a Generac #SD35 fixed standby generator to be installed at the Landfill sanitary pump station is hereby accepted and issuance of a purchase order in the amount of $23,753.50 is authorized.  (Motion ADOPTED.)

 

CHANGE ORDER – 2007 RODD STREET RECONSTRUCTION

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

 

WHEREAS, City Council awarded the construction contract for the 2007 Rodd Street Reconstruction, Contract No. 1 to Porath Contractors, Inc. on May 21, 2007 for the reconstruction of Rodd Street from Buttles Street to Saginaw Road with water main replacements and sanitary sewer repairs; and 

WHEREAS, additional work items have been completed on said project that were not included in the original construction contract with a cost of $25,688.04; and

WHEREAS, sufficient funds exist in the project to cover said costs; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 to the 2007 Rodd Street Reconstruction; Contract No. 1 in the amount of $25,688.04.  (Motion ADOPTED.)

 

MID-MICHIGAN ENERGY, LLC – INDUSTRIAL DEVELOPMENT DISTRICT REQUEST

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

 

WHEREAS, Mid-Michigan Energy, LLC by means of a letter dated September 20, 2007, which was received by the City Clerk on September 21, 2007, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, Mid-Michigan Energy, LLC has been authorized to pursue the establishment of an Industrial Development District pursuant to Public Act 198 of the Michigan Public Acts of 1974, as amended by means of Authorization Letters signed by representatives of the property owners of more than 75% of the SEV of the Industrial property within the proposed district; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on October 22, 2007 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

FINAL DRAFT OF MASTER PLAN & FUTURE LAND USE MAP

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

 

WHEREAS, the Planning Commission has prepared the City of Midland Master Plan, which contains recommendations for future housing and population density that can be supported by the utility infrastructure, transportations system, natural environment and public services, provides locations for a wide range of housing types, commercial development industry, and new mixed-use centers with strategies for compatible uses, which includes maps, charts, tables and text to support and describe recommendations and implementation strategies; and

WHEREAS, a draft of the Master Plan was distributed to surrounding communities, the county and regional agencies, and in consideration of the comments received by surrounding communities on the draft Master Plan and the positive recommendation of the Midland County Planning Commission, found it to not be inconsistent with the plans of any surrounding community; and

WHEREAS, a public hearing was conducted on the draft Master Plan on September 11, 2007 and after review of each public comment, the Planning Commission directed finalization of the plan and affirmatively adopted the plan on September 25, 2007; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 22, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the final draft of a Master Plan, including a Future Land Use Map, to manage growth, development and redevelopment of land in the City of Midland; and

RESOLVED FURTHER, a copy of the Master Plan and Future Land Use Map may be reviewed at the Grace A. Dow Memorial Library, 1710 West St. Andrews Road, the Planning Department, City Hall, 333 West Ellsworth Street and on the City of Midland web site www.midland-mi.org; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on October 6, 2007.  (Motion ADOPTED.)

 

NEW BUSINESS:

CHANGE ORDER – 2007 MAIN STREET WATER MAIN

City Engineer Brian McManus presented information on Change Order No. 1 to the 2007 Main Street Water Main; Contract No. 8.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, City Council awarded the construction contract for the 2007 Main Street Water Main; Contract No. 8 to Porath Contractors, Inc. on July 9, 2007 for the installation of a new 24” water main on Main Street from west of Orchard Drive to Sugnet Road; and 

WHEREAS, a conflict with a large mass of concrete was encountered with the bored in place steel casing pipe under the Sturgeon Creek drain culverts under Main Street; and

WHEREAS, the recommended alternative for avoiding said conflict involves the installation of the new 24” water main with High Density Polyethylene pipe by the directional bore method, which would go under the concrete at an additional cost of

$124, 920.00; and

WHEREAS, sufficient funds exist in the project to cover said costs; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 to the 2007 Main Street Water Main; Contract No. 8 in the amount of $124,920.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk