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 |
Approval
of the minutes of the January 26, 2009 regular meeting was offered by
Councilman McKeag and seconded by Councilman Adams. (Motion ADOPTED.)
No
public comments were made.
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
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
The following
resolution was offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS, a public hearing was held by
the
WHEREAS, a copy of the Zoning
Ordinance revisions may be reviewed at the
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.)
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.)
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