June
9, 2008
A
regular meeting of the City Council was held on Monday, June 9, 2008, 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, Maureen Donker, Bruce Johnson,
Hollis McKeag, Joseph Rokosz |
|
Councilmen
absent: |
None |
Approval
of the minutes of the May 19, 2008 regular, May 27, 2008 and June 3, 2008
special meetings was offered by Councilman Donker and seconded by Councilman Adams. (Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Keith Johnson, Vice President of the
Midland Amateur Radio Club. The
following resolution was then offered by Councilman Rokosz and seconded by
Councilman McKeag:
RESOLVED,
that the Mayor is authorized to issue the attached proclamation designating the
week of June 21 – 28, 2008, as Amateur Radio Week and June 28, 2008, as Amateur
Radio Day in Midland. (Motion ADOPTED.) Mayor Johnson presented Keith Johnson with
the proclamation.
Planning
and Community Development Director Keith Baker introduced Conditional Use
Permit No. 29 – a request by Renee Johnson for a group child day care in a
Residential A-1 zoning district at 6112 Partridge Lane on 0.3 acres. Petitioner Renee Johnson spoke regarding the
business. A public hearing opened at
7:21 p.m., recognizing no public comments, the hearing closed at 7:21 p.m. The
following resolution was then offered by Councilman McKeag and seconded by Councilman
Adams:
WHEREAS,
Renee Johnson submitted a request for a conditional use permit review and
approval to operate a group child day care in a Residential A-1 Zoning District
at 6112 Partridge Lane on 0.3 acres; and
WHEREAS,
the City Planning Commission has conducted a public hearing in accord with
Section 28.02(A) of the Zoning Ordinance of the City of Midland on said
conditional use; and
WHEREAS,
the
RESOLVED,
that the City Council finds the request for the conditional use permit to be in
accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and
hereby approves Conditional Use Permit No. 29 with the following contingencies:
1. That no on-premises signs be permitted.
2. That the hours of operation not extend past 6:00 p.m.
Monday through Friday.
3. That no exterior or interior alterations to the
building be permitted that would otherwise change the character or nature of
the dwelling as a residential use.
4. That no more than one additional non-resident adult
employee be present at any given time.
(Motion
ADOPTED.)
City
Assessor Reid Duford presented a request from Alloy Construction Service, Inc.
for an Industrial Facilities Tax Exemption Certificate within The Dow Chemical
Waldo Avenue Industrial Development District No. 1. Alloy Construction Service, Inc. President Ronnie
Neumann and Assistant Rachel Fries spoke regarding the request and
project. A public hearing opened at 7:36
p.m. Ryan Richards, Marketing Manager
for Midland Tomorrow, spoke regarding Alloy Construction’s positive impact on
economic development in Midland. The
hearing closed at 7:37 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Adams:
WHEREAS,
The Dow Chemical Waldo Avenue Industrial Development District No. 1 was
established by resolution of the Midland City Council on April 28, 2008; and
WHEREAS,
Alloy Construction Service, Inc. made an application dated May 14, 2008, which
was received by the City Clerk on May 14, 2008, 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 $2,230,000, which includes $850,000 in new personal
property and $1,380,000 for land and building improvements with the same being
located within The Dow Chemical Waldo Avenue Industrial Development District
No. 1, to build and equip Alloy Construction’s new headquarters, consisting of
a manufacturing facility of about 24,000 square feet and an office facility of
about 7,500 square feet; 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 June 9, 2008, as required by Public Act
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 an
industrial development 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 industrial development 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 Alloy
Construction Service, Inc. 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 Alloy Construction Service, Inc. for a new facility approval
within the Industrial Development District be and the same is hereby approved
for a period of 12 years with an ending date of December 30, 2020; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and Alloy Construction Service, Inc.
pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
Assistant
City Manager Jack Duso presented a request from Alloy Construction Service,
Inc. for approval of a Brownfield Redevelopment Plan. A public hearing opened at 7:44 p.m. Ryan Richards, Marketing Manager for Midland
Tomorrow, spoke regarding positive aspects about Alloy Construction developing
in this industrial development space.
The hearing closed at 7:46 p.m. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Rokosz:
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
WHEREAS,
the
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
RESOLVED,
that pursuant to the authority vested in the
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.)
Utilities
Director Noel Bush presented an amendment to the 2007-08 Wastewater Fund budget
to increase appropriations by $115,441 from working capital for the purchase of
parts for the Trickling Filter. A public
hearing opened at 7:51 p.m., recognizing no public comments, the hearing closed
at 7:51 p.m. The following resolution was then offered by Councilman McKeag and
seconded by Councilman Adams:
WHEREAS,
in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of
Midland, and after having given proper legal notice, and having conducted a
public hearing Monday, June 9, 2008, on the proposal to amend the 2007/08
Wastewater Fund budget, increasing appropriations by $115,441.00 from working
capital for the purchase of one set of arms and one center column for the east
trickling filter, and one center column for the west trickling filter at the
Wastewater Treatment Plant; now therefore
RESOLVED,
that the proposal to amend the 2007/08 Wastewater Fund budget, increasing
appropriations by $115,441.00 from working capital for the purchase of one set
of arms and one center column for the east trickling filter, and one center
column for the west trickling filter at the Wastewater Treatment Plant
is hereby approved. (Motion
ADOPTED.)
Planning
and Community Development Director Keith Baker presented information on Zoning
Petition No. 550 – Wolverine Bank – rezoning property at 1618 Dilloway Drive
from Residential A-1 to Office Service zoning.
Rick Rosinski, Chief Operating Officer, Wolverine Bank, spoke regarding
the rezoning. A public hearing opened at
8:02 p.m., recognizing no public comments, the hearing closed at 8:02 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Donker:
ORDINANCE
NO. 1658
AN
ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND
RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF
BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF
YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND
LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO
DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY
AMENDING THE ZONING MAP TO PROVIDE AN OFFICE SERVICE ZONING WHERE A RESIDENTIAL
A-1 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 2 of Cutler Subdivision, exception the West 7 feet, thereof,
as recorded in Liber B of Plats, page 34.
Be, and the same is hereby changed to Office Service.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3. This Ordinance shall take effect upon
publication. (Ordinance ADOPTED.)
There
were no public comments.
Introduction
and first reading of the following ordinance amending water rates was offered
by Councilman McKeag and seconded by Councilman Donker:
ORDINANCE NO. _______
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,
CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE
II OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-52 of Division 3 of Article II of
Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-52. Filtered water rate
generally.
The
city's methodology of adjusting water rates shall be in accordance with the
cost of service water and sewer rate study prepared by the city's consultant,
presented to and approved by the council in 1993 and shall be in conformity
with the findings set forth in section 28-2 of this chapter.
All
filtered water bills shall be calculated according to the following:
(1) For each one thousand (1,000) gallons
used per quarter: $1.09 $1.14
(2) In addition to the rate set forth in
this section for the use of water, there shall be a readiness-to-serve charge
per quarter on each metered service as follows:
|
Metered Service |
|
AMOUNT |
|
5/8" – 3/4” |
|
$31.05 |
|
1" |
|
$40.37 |
|
1- 1/2" |
|
$49.68 |
|
2" |
|
$80.73 |
|
3" |
|
$310.50 |
|
4" |
|
$403.65 |
|
6" |
|
$589.95 |
|
8" |
|
$838.35 |
(2)(3) Gross
rates shall be ten (10) percent greater than the above schedule of rates and
shall be charged for water service paid for after the date shown on the bills.
Section 2. This ordinance shall take effect July 1, 2008. (Motion ADOPTED. Considered first reading.)
Introduction
and first reading of the following ordinance amending sewer rates was offered
by Councilman McKeag and seconded by Councilman Donker:
ORDINANCE
NO. _______
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-163 of Division 3 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-163. Amount of
sewer charge.
The
city's methodology of adjusting sewer rates shall be in accordance with the
cost of service water and sewer rate study prepared by the city’s consultant,
presented to and approved by the council in 1993 and shall be in conformity
with the findings set forth in Section 28-4 of this chapter.
The charges
for sewer service shall be calculated according to the following schedule:
(1)
There
shall be a readiness-to-serve charge per quarter on each metered water service
as follows:
|
Metered Service |
|
AMOUNT |
|
5/8" – 3/4" |
|
$37.12 |
|
1" |
|
$48.26
|
|
1 – 1/2" |
|
$59.39 |
|
2" |
|
$96.51 |
|
3" |
|
$371.20 |
|
4" |
|
$482.56 |
|
6" |
|
$705.28 |
|
8" |
|
$1,002.24 |
(2)
In
addition to the readiness-to-serve charge set forth in subsection (1) of this
section, there will be an additional charge for sewer service, which will be
calculated as follows:
For each
1,000 gallons of water used per quarter: $1.68 $1.77
However, bills for sewer services for
two (2) summer quarters for domestic customers, schools and churches shall be
based on the average consumption during two (2) winter quarters. In cases where
there is no previous consumption upon which to base bills for sewer services in
the summer quarters, twenty-five thousand (25,000) gallons or actual
consumption, whichever is the least, shall be used.
Section 2. This ordinance shall take effect July 1, 2008. (Motion ADOPTED. Considered first reading.)
Introduction
and first reading of the following ordinance amending septage rates was offered
by Councilman McKeag and seconded by Councilman Donker:
ORDINANCE
NO. _______
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-124 OF DIVISION 1
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-124 of Division 1 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-124. Collected and transported waste disposal; permit and fee
required.
Before wastes from any septic tank or any other waste
collection device are transported for disposal at the city waste disposal site,
the person cleaning or having such tank or device cleaned shall apply for and
receive a disposal permit (waste disposal ticket). The permit shall be issued
upon the payment of a fee, in the amount of twenty-five dollars ($25.00)
seventy-eight dollars ($78.00)
minimum per truckload or twenty-five dollars ($25.00) seventy-eight dollars ($78.00) per one
thousand (1,000) gallons of waste or part thereof, whichever is greater, for
each such load transported to the waste disposal site. Before unloading, each permit shall be
presented to the city employee on duty at the waste disposal site.
Section 2. This ordinance shall take effect July 1, 2008. (Motion
ADOPTED. Considered first reading.)
Introduction
and first reading of the following ordinance amending discharge requirements
was offered by Councilman McKeag and seconded by Councilman Donker:
ORDINANCE
NO. _______
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-216 OF DIVISION 5
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-216 of Division 5 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-216.
Supplemental limitations (discharge requirements).
No user shall discharge wastewater containing concentrations of toxic
pollutants found to interfere with or pass through the POTW operation or interfere with the recycling or disposal of
the wastewater bio-solids product (sludge). The following is a list of
toxic pollutants* of concern and the maximum allowable discharge limits
for those pollutants, which is applicable to all users of the POTW:
|
Toxic
Pollutant Name |
Maximum
Allowable User Discharge Concentration |
|
Arsenic |
1.4 mg/l |
|
Cadmium |
0.1 mg/l |
|
Chromium
(total) |
2.1 mg/l |
|
Copper |
1.4 mg/l |
|
Cyanide |
1.1 mg/l |
|
Lead |
1.1 mg/l |
|
Mercury |
1.3 ng/l |
|
Molybdenum |
1.0 mg/l |
|
Nickel |
0.8 mg/l |
|
Zinc |
0.5 mg/l |
*Taken from
"Michigan Industrial Pretreatment Guidebook," Table 6, Page 48.
____________
The city
reserves the right to amend the foregoing list as appropriate to protect the
public health, safety and welfare of the citizens of the City of Midland.
Any discharge of mercury at or above 1.3 ng/l is a
specific violation of this ordinance. The mercury sampling procedures,
preservation and handling and analytical protocol for compliance monitoring
shall be in accordance with EPA method 1631. The City of Midland utilities
department may require a user to develop, submit for approval and implement a
Mercury Reduction Plan if the user discharges wastewater that will or has a
reasonable potential to exceed the maximum concentration level for mercury.
Such plan shall include a written commitment by the user to reduce the
concentration of mercury in the user’s wastewater discharge. The user must
submit to the City of Midland utilities department a semiannual report on the
status of the mercury reduction effort.
Section 2. This ordinance shall take effect July 1, 2008. (Motion ADOPTED. Considered first reading.)
Planning
and Community Development Director Keith Baker presented information on Site
Plan No. 279 – Wilcox Professional Services on behalf of Bennett Construction,
Inc. – for an 11,720 sq. ft. retail strip center and restaurant located at 221
W. Wackerly Street on 4.59 acres. Rich
Fosgitt, Wilcox Professional Services, spoke on behalf of the petitioner
regarding the project. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Rokosz:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 279 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. 279, 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 shall be delineated by the “box” style
striping pattern.
6. All exterior mechanical equipment shall be
screened in accordance with Section 6.02(E)2 of the Zoning Ordinance.
7. The dumpster shall be set back at least 10
feet from the property line and shall be constructed and screened in accordance
with Section 3.15 of the Zoning Ordinance.
8. The southwest maneuvering lane shall be set
back 10 feet from the property line.
9. A photometric grid shall be provided to show
that the exterior lighting complies with the Zoning Ordinance.
10. Driveway access easements and shared parking agreements
shall be provided.
11. A “Statement of Conditions” contract shall be
executed prior to the issuance of a building permit.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that the attached Easement for Overhead Electric Lines from the City of Midland
to Consumers Energy Company, to allow Consumers Energy to install overhead
electric service to the new Currie Golf Cart Storage at 1116 Currie Parkway is
hereby accepted and that the Mayor and City Clerk are hereby authorized to sign
said easement and/or subparts or attachments on behalf of the City of Midland
and that the easement is ordered recorded.
(Motion ADOPTED.)
Planning
and Community Development Director Keith Baker presented a request to authorize
the Downtown Development Authority to remove itself from participation in the
Michigan Main Street Program. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, In 2005, the City of Midland made
application to, and was selected to participate in, the Michigan Main Street
(MMS) program sponsored by the Michigan State Housing Development Authority;
and
WHEREAS,
while participation in the program
during the past three years has benefited Downtown Midland through the
technical assistance and training offered as well as the preparation of the
2006 Downtown Midland Market Study, the assistance offered by the program and
the direction of the Midland Downtown Development Authority (DDA) have become
increasingly divergent; and
WHEREAS,
during its annual strategic planning
session in January, the DDA Board weighed the ongoing benefits of participation
in the program with the costs of continuing in the program and the DDA’s
ability to meet the MMS program intent and criteria; and
WHEREAS,
budgetary constraints and the board’s
desire to redirect scarce financial and staff resources to other DDA priorities
resulted in the decision to pursue withdrawal from the program; and
WHEREAS,
after careful consideration, the
Midland DDA Board voted unanimously at its March 12, 2008 meeting to recommend
to the City Council that the City of Midland formally withdraw itself from the
Michigan Main Street program; now therefore
RESOLVED,
that the Midland City Council hereby authorizes the withdrawal of the Midland
Downtown Development Authority from the Michigan Main Street program. (Motion ADOPTED.)
The following resolution was offered by Councilman Donker and seconded by Councilman Adams:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland
Public Schools has submitted a request for the City of Midland to collect a
summer property tax levy of school property taxes within the City of Midland,
for the year 2008; and
WHEREAS,
the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the
collection of taxes and outlines the distribution of collected taxes; and
WHEREAS,
the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City
of Midland shall retain all collection fees, administration fees, penalties and
interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of
RESOLVED,
that the City Council hereby approves said request and hereby authorizes the
City
RESOLVED
FURTHER, that the City Treasurer is authorized to enter into agreements with
the applicable taxing entities for collection and distribution of taxes under
the above stated conditions. (Motion
ADOPTED.)
The following resolution was offered by Councilman Donker and seconded by Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts
of Michigan of 1982, the Midland County Educational Service Agency has
submitted a request for the City of Midland to collect a summer property tax
levy of school property taxes within the City of Midland, for the year 2008;
and
WHEREAS,
the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the
collection of taxes and outlines the distribution of collected taxes; and
WHEREAS,
the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City
of Midland shall retain all collection fees, administration fees, penalties and
interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for
other units shall be remitted to the taxing entity in accordance with the
General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will
not charge the taxing entities for collection of these taxes; now therefore
RESOLVED,
that the City Council hereby approves said request and hereby authorizes the
City
RESOLVED
FURTHER, that the City Treasurer is authorized to enter into agreements with
the applicable taxing entities for collection and distribution of taxes under
the above stated conditions. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City
Public Schools has submitted a request for the City of Midland to collect a
summer property tax levy of school property taxes within the City of Midland,
for the year 2008; and
WHEREAS,
the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the
collection of taxes and outlines the distribution of collected taxes; and
WHEREAS,
the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City
of Midland shall retain all collection fees, administration fees, penalties and
interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of
RESOLVED,
that the City Council hereby approves said request and hereby authorizes the
City
RESOLVED
FURTHER, that the City Treasurer is authorized to enter into agreements with
the applicable taxing entities for collection and distribution of taxes under
the above stated conditions. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts
of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted
a request for the City of Midland to collect a summer property tax levy of
school property taxes within the City of Midland, for the year 2008; and
WHEREAS,
the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the
collection of taxes and outlines the distribution of collected taxes; and
WHEREAS,
the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City
of Midland shall retain all collection fees, administration fees, penalties and
interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for
other units shall be remitted to the taxing entity in accordance with the
General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will
not charge the taxing entities for collection of these taxes; now therefore
RESOLVED,
that the City Council hereby approves said request and hereby authorizes the
City
RESOLVED
FURTHER, that the City Treasurer is authorized to enter into agreements with
the applicable taxing entities for collection and distribution of taxes under
the above stated conditions. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by Councilman
Adams:
WHEREAS, in accord with Act 333 of the Public Acts
of Michigan of 1982, Delta College has submitted a request for the City of
Midland to collect a summer property tax levy of school property taxes within
the City of Midland, for the year 2008; and
WHEREAS,
the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the
collection of taxes and outlines the distribution of collected taxes; and
WHEREAS,
the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City
of Midland shall retain all collection fees, administration fees, penalties and
interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for
other units shall be remitted to the taxing entity in accordance with the
General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will
not charge the taxing entities for collection of these taxes; now therefore
RESOLVED,
that the City Council hereby approves said request and hereby authorizes the
City
RESOLVED
FURTHER, that the City Treasurer is authorized to enter into agreements with
the applicable taxing entities for collection and distribution of taxes under
the above stated conditions. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED, that the
City Assessor is hereby authorized and instructed to spread upon the July 2008
tax roll, Special Assessments in the various amounts as indicated herein:
1996 Street Improvement $ 4,326.12
2005 Street Improvement 2,736.60
Subtotal Street
Improvement Rolls $ 7,062.72
1996 Sanitary Sewer Improvement $ 2,405.20
1998 Sanitary Sewer Improvement 1,545.27
2003 Sanitary Sewer Improvement 17,148.21
Subtotal Sanitary Sewer
Improvement Rolls $ 21,098.68
1998 Water Main Improvement $ 1,073.64
Subtotal Water Main
Improvement Rolls $ 1,073.64
2005 Sidewalk Improvement 3,241.72
2006 Sidewalk Improvement
568.04
2007 Sidewalk Improvement 2,914.13
Subtotal Sidewalk
Improvement Rolls $ 12,369.53
2007
Downtown Economic Revitalization Roll (SARA)
$ 36,011.52
Accounts
Receivable Roll $ 52,197.38
TOTAL
SPECIAL ASSESSMENT ROLL $
129,813.47
;
and
RESOLVED
FURTHER, that the current accounts receivable listed herein be transferred to
the 2008 General Fund Tax Roll Accounts Receivable. (Motion ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that the quarterly operating statements of the City of Midland, for the quarter
ended March 31, 2008, are hereby acknowledged as being received by the Midland
The
following resolution as offered by Councilman Donker and seconded by Councilman
Adams:
RESOLVED,
that Traffic Control Order No. P-08-05 filed March 20, 2008 pursuant to Chapter
24 of the Code of Ordinances to establish traffic control as follows:
That parking shall be prohibited at
the first parking stall located on the west side of Fitzhugh Street immediately
south of an existing mid-block handicap ramp to accommodate a loading zone.
is
hereby made permanent. (Motion ADOPTED.)
Recreation
Manager Marcie Post presented information on donations from the Midland
Redcoats and the Midland Softball Association for improvements at the Redcoat
Complex and Emerson Park. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Adams:
WHEREAS, the Midland Redcoats has offered to donate
$40,000 and the Midland Softball Association has offered to donate
approximately $18,216 for paving, tiling, dugout fencing, landscaping and a
memorial pavilion at Redcoats Complex as well as a PA system at Emerson Park;
and
WHEREAS,
the Parks and Recreation Commission at their meeting of May 6, 2008 unanimously
recommended that the City Council accept the generous gifts; now therefore
RESOLVED,
that the City Council hereby accepts the Midland Redcoat’s gift and the Midland
Softball Association’s gift for improvements at the Redcoat Complex and Emerson
Park. (Motion ADOPTED.)
Recreation
Manager Marcie Post presented information on a donation from the Midland Girls
Softball League for batting cages to be constructed at Optimist Park. The
following resolution was then offered by Councilman Adams and seconded by
Councilman McKeag:
WHEREAS,
the Midland Girls Softball League has offered to construct and donate $13,445
for batting cages at Optimist Park; and
WHEREAS,
the Parks and Recreation Commission at their meeting of May 6, 2008 unanimously
recommended that the City Council accept the generous gift; now therefore
RESOLVED,
that the City Council hereby accepts the gift of $13,445 for batting cages to
be constructed at Optimist Park. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that the request from the Friends of the Pere Marquette Rail Trail to conduct a
Bike and Skate event on Saturday, August 9, 2008, beginning at 6:30 a.m.
utilizing the Rail Trail and Farmers Market area, is hereby approved subject to
the following conditions:
;
and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that the City Council hereby approves the request by Main Street Sports Pub to
conduct the sale of alcohol on that portion of the Main Street right-of-way
adjacent to said restaurant on June 21, 2008 during the hours indicated on the
LCC Application for Temporary Authorization and the City Clerk is hereby
authorized and directed to sign said application. (Motion ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that the City Council hereby approves the request by Oscars Restaurant to
conduct the sale of alcohol on that portion of the Main Street right-of-way
adjacent to said restaurant on June 21, 2008 during the hours indicated on the
LCC Application for Temporary Authorization and the City Clerk is hereby
authorized and directed to sign said application. (Motion ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS,
sealed proposals have been advertised and received in accordance with Article
II of Chapter 2 of the Midland Code of Ordinances for the structural repair of
the Municipal Services Annex Building located at 100 River Street; and
WHEREAS,
funding for this project is provided by the Municipal Services Annex Fund; now
therefore
RESOLVED,
that the low sealed construction bid submitted by Tancor Corporation of
Midland, Michigan for the Municipal Services Annex Building structural repair,
in the indicated amount of $58,500.00, is hereby accepted. (Motion ADOPTED.)
The following
resolution was offered by Councilman Donker and seconded by Councilman Adams:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
the volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 12,500 gallons of diesel fuel from Hirschman Oil
of Reese, Michigan for $47,250 executed by the Purchasing Agent on May 12,
2008, is hereby approved. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS,
sealed bids were received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for book ordering and book processing services for the Grace
A. Dow Memorial Library in July 2002; and
WHEREAS,
the proposal submitted by Brodart Company was determined to produce the lowest
net cost to the City for the purchasing and processing of books for the library;
and
WHEREAS,
Brodart Company has agreed to extend the same discounts, terms and conditions
of the current contract into fiscal year 2008/2009; now therefore
RESOLVED,
that the current contract with Brodart Company for book ordering and processing
services for the Grace A. Dow Memorial Library be extended through fiscal year
2008/2009 in an amount not to exceed $300,000 and the necessary purchase order
authorized. (Motion ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS,
many of the buildings that comprise the
Wastewater Treatment Plant were constructed in the 1960’s, and are showing
signs of deterioration to many of the lintels over the windows and the
surrounding masonry; and
WHEREAS,
on May 20, 2008 sealed bids were received and opened for Bid No. 3109, Lintel
Masonry Repairs, in accord with Section 2-18 of the Midland Code of Ordinances;
and
WHEREAS,
staff has reviewed the bids and determined that the low bid submitted by Tancor
Corporation of Midland in the total amount of $38,175.00 for the lintel masonry
repairs to the filter, primary tank, and chlorine buildings meets City
specifications; and
WHEREAS,
funding for the lintel masonry work is budgeted in the 2007/08 Wastewater fund
account #590-9120-912.97-65 – Capital Construction Projects; now therefore
RESOLVED, that the bid from Tancor
Corporation of Midland in the total amount of $38,175.00 is hereby accepted and
a purchase order is authorized for the lintel masonry repairs to the filter,
primary tank, and chlorine buildings at the Wastewater Treatment Plant; and
RESOLVED
FURTHER, that the City Manager has the authority to approve changes to the
purchase order in an aggregate amount not to exceed $5,000. (Motion ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS,
the City Landfill uses sand on a regular basis to cover waste at the end of
each day, and as onsite backfill material for trenches and drainage for
roadbeds at a typical delivered cost of $3.21 per cubic yard; and
WHEREAS,
the on-going US-10 construction project requires removal of the current sand
base layer, and that material has been made available for delivery to the
Landfill at a cost of $2.50 per cubic yard; and
WHEREAS,
last month, a total of $20,000.00 was administratively approved for the
delivery of 8,000 cubic yards from Fisher Contracting at the rate of $2.50 per
cubic yard; and
WHEREAS,
staff requests the purchase of an additional 8,000 cubic yards for $20,000.00,
bringing the total purchase order to $40,000.00 for current and future needs;
and
WHEREAS,
funding for the delivery of sand is available in the 2007/08 Landfill account
#517-8110-811.93-42 – Grounds Maintenance; now therefore
RESOLVED,
that an increase of $20,000.00 to the existing purchase order of $20,000.00 to
Fisher Contracting of Midland, bringing the total purchase order to $40,000.00,
for the delivery of sand for grounds maintenance and daily waste coverage is hereby authorized. (Motion ADOPTED.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
WHEREAS,
a public hearing was held by the
RESOLVED,
that notice is hereby given that a public hearing will be held by the City
Council on Monday, July 14, 2008, at 7:00 p.m. in the Council Chambers, City
Hall, for the purpose of considering the advisability of amending the Zoning
Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set
forth in the following proposed Ordinance, which is hereby introduced and given
first reading; and
RESOLVED
FURTHER, that the City Clerk is hereby directed to notify property owners
within three hundred (300) feet of the area proposed to be rezoned by
transmitting notice on June 27, 2008 and to publish said notice on June 28,
2008.
ORDINANCE
NO. ______
AN
ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND
RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF
BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF
YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND
LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO
DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY
AMENDING THE ZONING MAP TO PROVIDE AN OFFICE SERVICE ZONING WHERE A REGIONAL
COMMERCIAL 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:
Lots 14, 15 and 16 Hedgewood Sub No. 1.
Be, and the same is hereby changed to Office
Service.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3. This Ordinance shall take effect upon
publication. (Motion ADOPTED. Considered first reading.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that notice is hereby given that a public hearing will be held by the City
Council on Monday, July 14, 2008, at 7:00 p.m. in the Council Chambers, City
Hall, for the purpose of considering the advisability of amending the Zoning
Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set
forth in the following proposed Ordinance, which is hereby introduced and given
first reading; and
RESOLVED
FURTHER, that the City Clerk is hereby directed to publish said notice on June
28, 2008.
ORDINANCE
NO. ______
AN
ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND
RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF
BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF
YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND
LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO
DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY
AMENDING THE ZONING ORDINANCE BY INCREASING THE ALLOWABLE WALL SIGNAGE FROM 40
SQUARE FEET TO 100 SQUARE FEET IN THE “C” CIRCLE ZONING DISTRICT.
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:
“C” Circle Zoning District Maximum Wall Signage 100 square feet.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3. This Ordinance shall take effect upon
publication. (Motion ADOPTED. Considered first reading.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED, that an application dated
May 30, 2008, was received June 4, 2008, from Evergreen Solar, Inc., with
supporting data pursuant to Public Act 198 of the Public Acts of the State of
Michigan of 1974, as amended, for an industrial facilities tax exemption
certificate within the Eastwick Industrial Park Industrial Development District
relating to new real and personal property to build and equip a new
manufacturing facility for Evergreen Solar, Inc., consisting of an approximately
31,000 square foot building with outdoor chemical facilities and having a total
project cost of $37,030,000, to allow further expansion in the Eastwick
Industrial Park Industrial Development District is hereby acknowledged received
and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, that a hearing shall
be held before the City Council on Monday, June 23, 2008, 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.)
The
following resolution was offered by Councilman Donker and seconded by
Councilman Adams:
RESOLVED,
that in accord with Section 11.6 of the Charter of the City of Midland, a
public hearing shall be conducted at 7:00 p.m. on Monday, June 23, 2008 in the
Council Chambers of City Hall on the proposal to amend the 2007-08 Midland
Community Television Fund budget to increase expenditures by $17,000 for
separation pay for the unanticipated deferred retirement of an employee, and to
increase revenues by $17,000 for additional franchise fees that are expected to
be received for the year. (Motion
ADOPTED.)
Assistant
City Manager Jack Duso presented information on a request from the American Red
Cross to use the lawn area near the Farmers Market on Saturday, June 21, 2008,
from 7:30 a.m. until noon to solicit donations to assist the victims of the
recent earthquake in China. The following
resolution was then offered by Councilman Donker and seconded by Councilman
Adams:
RESOLVED,
that the request from the American Red Cross, in partnership with the Tri-City
Chinese Association, to use the lawn near the Farmers Market area on Saturday,
June 21, 2008, from 7:30 a.m. – 12:00 noon, to solicit donations to assist the
victims of the recent earthquake in China, is hereby approved subject to the
following conditions:
;and
RESOLVED
FURTHER, that the
Being
no further business the meeting adjourned at 9:20 p.m.
______________________________________
Selina Tisdale, City