February 16, 2009

 

A regular meeting of the City Council was held on Monday, February 16, 2009, 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

 

MINUTES

Approval of the minutes of the January 26, 2009 regular meeting was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 287

Planning and Community Development Director Keith Baker presented Site Plan No. 287 – Smith-Miner Funeral Home, a 9,216 square foot funeral home located at 2700 W. Wackerly Street on 2.4 acres.  Doug Cook, 5011 Butterfield Drive, representing the construction company for the project, spoke in favor of the project and asked for Council support.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 287, the request of Smith-Miner Funeral Home for a 9,216 square foot funeral home located at 2700 West Wackerly Street on 2.4 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 287 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. 287, contingent upon the following:

      1.   The stormwater detention system is designed and constructed in accordance with the

            City of Midland Engineering Department specifications.

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

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

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

      5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and

            be delineated by the “box” style striping.

      6.   The location, access and flow of the proposed fire hydrants and water service shall be in

            accordance with the City of Midland Fire Department and City of Midland Utility

            Department specifications.

      7.   All exterior (roof or ground mounted) mechanical equipment shall be screened as

            required by Section 6.02 (E) (2) of the Zoning Ordinance.

(Motion ADOPTED.)

 

PURCHASE AGREEMENT – 1501 ELIZABETH STREET

Planning and Community Development Director Keith Baker presented a purchase agreement for the sale of property located at 1501 Elizabeth Street.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a house at 1501 Elizabeth Street in the city of Midland; and

WHEREAS, an agreement to purchase said property, dated January 12, 2009, was submitted by Mark and Melissa Polega, in the amount of  $87,500.00; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and

RESOLVED FURTHER, that the City Manager, or his designee, is hereby authorized and directed to execute any closing documents for the sale of this property; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City.  (Motion ADOPTED.)

 

REVISED IFT CERTIFICATE NO. 2008-039 FOR MIDLAND COGENERATION VENTURE

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

 

WHEREAS, pursuant to Rule 54(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more than 10% of the estimated amount on the application, a certificate holder shall request that the local governmental unit approve the revised cost; and

WHEREAS, Midland Cogeneration Venture, LP was issued Industrial Facilities Tax Exemption Certificate No. 2008-039 which has a real property component of $38,865,000; and

WHEREAS, Midland Cogeneration Venture, LP now estimates the final cost of this project as it has expanded in scope and has been expedited causing additional cost for overtime, shipping, and reworking is now in excess of the original cost estimate; and

WHEREAS, Midland Cogeneration Venture, LP now knows the project will not be completed until March 1, 2009; and

WHEREAS, Midland Cogeneration Venture, LP has requested the City Council approve a change in the real property component of Industrial Facilities Tax Exemption Certificate No. 2008-039; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by Midland Cogeneration Venture, LP to increase the real property component of Industrial Facilities Tax Exemption Certificate No. 2008-039 from $38,865,000 to $72,000,000 and change the ending date of the certificate from December 30, 2020 to December 30, 2021; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request that the State Tax Commission revise Industrial Facilities Tax Exemption Certificate No. 2008-039 issued to Midland Cogeneration Venture, LP based on the revised real property cost and new completion date of the project.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-08-33

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

 

RESOLVED, that Traffic Control Order No. P-08-33 filed December 3, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited in the cul-de-sac located at the end of Hedgewood Drive.

is hereby made permanent.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER NO. P-08-34

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

 

RESOLVED, that Traffic Control Order No. P-08-34 filed December 3, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited in the cul-de-sac located at the end of Goldenwood Drive.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-08-07

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

 

RESOLVED, that Traffic Control Order No. S-08-07 filed December 3, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Ted Doan Drive shall stop for T. Moore Drive. 

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-08-08

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

 

RESOLVED, that Traffic Control Order No. S-08-08 filed December 3, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Ted Doan Drive shall stop for Jefferson Avenue. 

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-08-09

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

 

RESOLVED, that Traffic Control Order No. S-08-09 filed December 3, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Alan Ott Drive shall stop for Joe Mann Boulevard. 

is hereby made permanent. (Motion ADOPTED.)

 

PROFESSIONAL PLANNING CONSULTING SERVICES CONTRACT

Planning and Community Development Director Keith Baker presented a professional services contract with Crescent Consulting for planning consulting services.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City of Midland Planning Department has lost, through voluntary departure, a full-time equivalent planning position; and

WHEREAS, the Planning Department is interested in engaging a professional planning consulting firm to provide interim planning related services; and

WHEREAS, the Planning Department solicited three proposals in accordance with established City Purchasing Policies; and

WHEREAS, upon consideration of the three proposals, the proposal from Crescent Consulting was identified to be in the best interest of the City of Midland; and

WHEREAS, the City of Midland Planning Department is seeking approval of a professional services contract with Crescent Consulting, Midland, Michigan, in the amount of $100/hr.; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to approve a contract with Crescent Consulting, Midland, MI, in the amount of $100/hr. (Motion ADOPTED.)

 

PO INCREASE – BELLE TIRE

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

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2008-09 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #27074 to Belle Tire of Bay City, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE – GCR FIRESTONE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2008-09 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #27118 to GCR Firestone of Bay City, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts. (Motion ADOPTED.)

 

PO INCREASE – NBC TRUCK EQUIPMENT

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2008-09 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #27189 to NBC Truck Equipment of Roseville, MI up to the amount of $35,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE – WIELAND SALES

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

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2008-09 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #27253 to Wieland Sales of Bay City, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 2008-0252 ABOVEGROUND FUEL TANKS (Barstow)

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

WHEREAS, a proposed Contract No. 2008-0252 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the installation of a fuel tank and related fuel system improvements at Jack Barstow Municipal Airport; and

WHEREAS, the total estimated cost of the project is $202,105, of which a grant from the Federal Aviation Administration along with State contributions is providing 97.5%, or $197,052, and the City of Midland General Fund is providing 2.5%, or $5,053; and

WHEREAS, the City of Midland desires to have said additional fuel tank and related fuel system improvements; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2008-0252 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland, following final approval by the City Attorney; and

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

 

DESIGN SERVICES AGREEMENT FOR ABOVEGROUND FUEL TANKS (Barstow)

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

 

WHEREAS, a design services agreement has been submitted to the City of Midland by Mead & Hunt, Inc. for the design of a new aboveground fuel tank and related equipment at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland approved a contract with MDOT for funding of said work in accordance with Federal, State, and local cost sharing formulas; and

WHEREAS, the City of Midland supports having said design services rendered; now therefore

RESOLVED, that the City Council hereby approves the proposed design services agreement with Mead & Hunt, Inc. of Lansing, Michigan, and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland.  (Motion ADOPTED.)

 

ZONING ORDINANCE REVISIONS

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

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, January 13, 2009 for consideration of revisions of Zoning Ordinance No. 1585; and

WHEREAS, a copy of the Zoning Ordinance revisions may be reviewed at the Planning Department, City Hall, 333 West Ellsworth Street; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 9, 2009, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the revised Zoning Ordinance; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on February 21, 2009. 

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.

The City of Midland Ordains:

Section 1.  That the Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to read as follows.

(see attached)

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.)

 

2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSMT DISTRICT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer in certain streets in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said streets being:

     SANDOW ROAD                         from Isabella Road to 205 feet north of Solomon Road

     PRAIRIE CREEK DRIVE             from Sandow Road to Sandow Road

     ELMER ROAD                             from Sandow Road to Glen Road

     GLEN ROAD                                from Elmer Road to Solomon Road

     SOLOMON ROAD                       from Sandow Road to Glen Road

;and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewers, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

     SANDOW ROAD                         from Isabella Road to 205 feet north of Solomon Road

     PRAIRIE CREEK DRIVE             from Sandow Road to Sandow Road

     ELMER ROAD                             from Sandow Road to Glen Road

     GLEN ROAD                                from Elmer Road to Solomon Road

     SOLOMON ROAD                       from Sandow Road to Glen Road

Lots 1 thru 23 of Prairie Creek Subdivision, part of the West 1/2 of the West 1/2 of the Southwest 1/4 of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; ALSO

Lots 1 thru 35 and lots 38 thru 41 of Hoffman Subdivision No. 1, a part of the West 1/2 of the Northwest 1/4 of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; ALSO

Beginning at the Southwest Corner of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; thence East 165 feet, along the South Section Line; thence North 400 feet; thence East 495 feet; thence North 396 feet; thence West 660 feet, to the West Section Line; thence South 796 feet, along the West Section Line, to the Point of Beginning; ALSO

Beginning at the West 1/4 Corner of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; thence South 924 feet, along the West Section Line; thence East 660 feet; thence North 924 feet, to the East-West 1/4 Line; thence West 396 feet, along the East-West 1/4 Line; thence North 165 feet; thence West 264 feet, to the West Section Line; thence South 165 feet, along the West Section Line, to the Point of Beginning; ALSO

Commencing at the West 1/4 Corner of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; thence North 1446 feet, along the West Section Line, to the Point of Beginning; thence East 233 feet; thence North 100 feet; thence West 233 feet, to the West Section Line; thence South 100 feet, along the West Section Line, to the Point of Beginning; ALSO 

Beginning at the Southeast Corner of Section 14, T. 14 N., R. 1 E., City of Midland, Michigan; thence West 260 feet, along the South Section Line; thence North 660 feet; thence North 6° 03’ 06” West 265.58 feet, to a point 288 feet West from the East Section Line and 924 feet North from the South Section Line; thence East 48 feet; thence North 264 feet; thence West 89.7 feet, along the north right-of-way line of Clark Road; thence North 132 feet, to the South 1/8 Line; thence East 9.7 feet, along the South 1/8 Line; thence North 120 feet;  thence East 56 feet; thence North 165 feet; thence East 64 feet; thence North 389 feet; thence West 64 feet; thence North 125 feet; thence West 264 feet; thence North 130 feet, to the centerline of the Prairie Creek Drain;  thence East, along the Prairie Creek Drain to a point being 280 feet West from the East Section Line; thence North parallel to the East Section Line, to a point on the East-West 1/4 Line, said point being 280 feet West from the East 1/4 Corner;  thence West 8.75 feet, along the East-West 1/4 Line;  thence North 451 feet;  thence East 288.75 feet, to the East Section Line; thence South, along the East Section Line, to the Southeast Corner of Section 14 and the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing sanitary sewers, pumping station and force main and that the total estimated cost and expense thereof is eight hundred sixty-eight thousand dollars ($868,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be four hundred fifty-three thousand two hundred seventy-nine and 10/100 dollars ($453,279.10) and that all other costs and expenses of said improvement amounting to four hundred fourteen thousand seven hundred twenty and 90/100 dollars ($414,720.90) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, March 9, 2009 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion ADOPTED.)

 

NEW BUSINESS

Held general discussion on the 2009-2010 budget. Each council member was polled to determine if budget philosophies had changed since the January 17, 2009 City Council Planning Retreat.

 

Being no further business the meeting adjourned at 8:05 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk