August 10, 2009
A
regular meeting of the City Council was held on Monday, August 10, 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 July 27, 2009 regular meeting was offered by Councilman
McKeag and seconded by Councilman Adams.
(Motion ADOPTED.)
Planning
and Community Development Director Keith Baker introduced Conditional Use
Permit No. 35 – a request from Rodney Huntley for a single-family residential
dwelling in a Residential B zoning district at 4314 Isabella Street and 22
Huntley Lane on 1.82 acres. A public
hearing opened at 7:11 p.m., recognizing no public comments, the hearing closed
at 7:11 p.m. The following resolution
was then offered by Councilman McKeag and seconded by Councilman Donker:
WHEREAS, Rodney Huntley submitted a
request for a conditional use permit review and approval for the construction
of a single-family residential dwelling in a Residential B zoning district at
4314 Isabella Street and 22 Huntley Lane on 1.82 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. 35, in accord with documents provided and submitted at the
meeting of July 13, 2009. (Motion
ADOPTED.)
City
Assessor Reid Duford introduced a request from Caltech Industries, Inc. for an
Industrial Facilities Tax Exemption Certificate within The Dow Chemical Company
Industrial Development District No. 2.
Louise Bergman, representing Caltech Industries, spoke regarding the IFT
and Caltech Industries. A public hearing
opened at 7:24 p.m., recognizing no public comments, the hearing closed at 7:24
p.m. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS, The Dow Chemical Company
Industrial Development District No. 2 (Ashman Street Area) was established by
resolution of the Midland City Council on July 25, 1988; and
WHEREAS, Caltech Industries, Inc. made
an application dated June 8, 2009, which was received by the City Clerk on June
9, 2009, for an Industrial Facilities Exemption Certificate relating to
approval of a new facility within said District; and
WHEREAS, Caltech Industries, Inc.
filed an amended application dated June 12, 2009, which was received by the
City Clerk on June 12, 2009, 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 the total project cost of
$35,157 which is entirely for new personal property with the same being located
within The Dow Chemical Company Industrial Development District No. 2 (Ashman
Street Area) to allow Caltech Industries, Inc. to purchase new personal
property to furnish and equip additional leased office and lab space located at
the MITECH+ Opportunity Center, and is expected to retain twenty existing jobs
and create five new jobs within two years of project completion; 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 August 10, 2009, 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 an industrial
development district and/or 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
industrial development district and/or 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 Caltech Industries, 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 Caltech Industries,
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, 2021; and
RESOLVED FURTHER,
that the Mayor and City Clerk are authorized to execute the Public Act 198
Agreement submitted between the City and Caltech Industries, Inc., pursuant to
P.A. 334 of Public Acts of the State of Michigan of 1993.
(Motion ADOPTED.)
George
Widiger, 116 Harrison Street, spoke regarding noise ordinance issues and
concerns about the upcoming Lizard Fair concert at the Dow Diamond.
Jackie
DeShano, 3968 Johns Lane, speaking on behalf of her mother, expressed concerns
regarding the waiting list for a non-market rent apartment at Riverside Place
Senior Housing.
The
following resolution was 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. 292 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. 292, 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 any 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
irrigation systems will comply with the City of Midland Water Department
specifications.
8. The
sidewalks shall be 5’ wide around the perimeter of the site.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS,
on November 11, 2002 the City Council approved the creation of The Dow Chemical
Company Renaissance Zone and entered into a development agreement between The
Dow Chemical Company, the Michigan Strategic Fund (MSF), and the City of
Midland entitled “Dow Chemical MSF Designated Renaissance Zone Development
Agreement” on November 14, 2002; and
WHEREAS,
on said date the City Council, in accord with Public Act 376 of 1996, as
amended, consented to the exemption of all taxes levied against all property
located within or persons residing within The Dow Chemical Company Renaissance
Zone property; and
WHEREAS,
on December 6, 2004 the City Council approved a new “Dow Chemical MSF
Designated Renaissance Zone Development Agreement” between The Dow Chemical
Company, the MSF, and the City of Midland; and
WHEREAS,
The Dow Chemical Company has requested that said Renaissance Zone be reduced in
size from approximately 147 acres to approximately 93 acres; and
WHEREAS,
The Dow Chemical Company has also requested that the “Dow Chemical MSF Designated
Renaissance Zone Development Agreement” be amended to reflect the requested
reduction in size of the Renaissance Zone; now therefore
RESOLVED,
that the City Council hereby expresses its support of The Dow Chemical
Company’s request to reduce the size of The Dow Chemical Company Renaissance
Zone and authorizes the Mayor and City Clerk to execute the appropriate
amendment to the “Dow Chemical MSF Designated Renaissance Zone Development
Agreement; and
RESOLVED FURTHER, that the City
Council requests the Michigan Strategic Fund to amend the Renaissance Zone by
reducing the said Renaissance Zone from 147 acres to approximately 93 acres.
(Motion ADOPTED.)
Midland
Police Chief Gerald Ladwig presented a collaborative grant application for
funding between the Midland Police Department and the Midland Area Partnership
for Drug Free Youth, under the American Recovery and Reinvestment Act of 2009,
Byrne JAG, submitted to the Office of Drug Control Policy, which has been
selected to receive grant funding of $133,567.
Gaye Terwilliger, Executive Director of Midland Area Partnership for
Drug Free Youth, also spoke. The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the Midland City Police Department and the Midland Area Partnership for Drug
Free Youth, working in collaboration, submitted an application for $173,567 in
funding under the American Recovery and Reinvestment Act of 2009, Byrne Justice
Assistance Grant to the State of Michigan Office of Drug Control Policy in
April of 2009; and
WHEREAS, on correspondence
dated July 15, 2009 from the State of Michigan Department of Community Health,
Office of Drug Control Policy, we received notification that our application
had been selected to receive grant funding; and
WHEREAS,
the federal funds awarded for our project, pending the finalization of the
grant agreement is $133,567; now therefore
RESOLVED, that the Midland
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
be considered for approval. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
RESOLVED,
that Jeffrey Nielsen is hereby appointed as a citizen-at-large member of the
Board of Review to fill a term expiring April 30, 2010. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
RESOLVED,
that Traffic Control Order No. S-09-05 filed June 5, 2009 pursuant to Chapter
24 of the Code of Ordinances to establish traffic control as follows:
That Contractor Drive shall stop for Waldo
Avenue.
is hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
RESOLVED, that the quarterly operating
statements of the City of Midland, for the quarters ended December 31, 2008 and
March 31, 2009, are hereby acknowledged as being received by the Midland
The
following resolution was offered by Councilman McKeag 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 13,398 gallons of unleaded and
13,398 gallons of diesel fuel from Karbowski Oil of Bay City, Michigan for
$48,498.08 executed by the Purchasing Agent on July 23, 2009, is hereby
approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the 2009 Sidewalk Replacement Program, Bid No. 3200; and
WHEREAS, funding for this project in the amount of $90,000 is included in the 2009-10 Fiscal Year General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction”; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Affordable Contracting of Bay City, Michigan, not to exceed the amount of $90,000 for sidewalk replacement work to take place through October 30, 2009, in accordance with the proposal and city specifications; and
RESOLVED FURTHER, that the Mayor and City Clerk be authorized to sign a contract with Affordable Contracting, as approved by the City Attorney, for these services. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS, bids for grounds maintenance
equipment are solicited by the State of Michigan and the City of Midland is
authorized to make purchases from this program; and
WHEREAS, sufficient funding for the purchase
of two greensmowers, one wide-area mower, and one fairway mower is included in
the FY 2009-10 Equipment Revolving Fund for Capital Outlay - Equipment and the
FY 2009-10 Golf Course Fund for Capital Outlay - Equipment as replacements for
existing equipment; now therefore
RESOLVED,
that the Purchasing Agent is authorized to issue a purchase order to the State
of Michigan’s selected vendor, Spartan Distributors of Sparta, Michigan in the
amount of $146,419.92, for the purchase of the aforementioned equipment,
including the trade-in of city units # 4-04, 4-05, 4-33, 4-36, 4-55, 4-56, and
4-58, all in accordance with the State of Michigan Extended Purchasing Program
proposal and specifications. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS,
the 2009-10 Community Development Block Grant budget provides funds to Midland
Area Homes, the Council on Domestic Violence and Sexual Assault (Shelterhouse),
Cleveland Manor, Safe & Sound Child Advocacy Center, Ten Sixteen Recovery
Network, Safe Haven Outreach Center, West Midland Family Center, the Literacy
Council of Midland County, and the Reece Community Living Endeavor for the
purpose of providing specific services to low- and moderate-income individuals
and families; and
WHEREAS,
the conditions for providing such funds require entering into a Subrecipient
Agreement with these organizations to ensure the provision of these services to
low- and moderate-income households; now therefore
RESOLVED,
that the Mayor and City Clerk are authorized to execute said agreements on
behalf of the City. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS,
the Midland Public Schools administration has requested a joint project with
the City of Midland and Mark and Danelle Dickerson by having students in the Building
Trades Class provide the labor for the construction of a single family residential
structure; and
WHEREAS,
such participation will result in the training of students in skills beneficial
to both the students and the community; and
WHEREAS,
a project at 5411 W. Wackerly Street has been selected and designed on property
owned by the Dickersons; now therefore
RESOLVED,
that the Midland City Council hereby endorses this student participation in the
City's Housing Program, and directs the administration to develop the necessary
procedures for carrying this program forward; and
RESOLVED
FURTHER, that the Dickersons shall pay to the City all material costs,
contracted labor and other incidental costs as agreed upon; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute a Housing
Construction Agreement between the City of Midland, the Midland Public Schools
and the Dickersons for this purpose.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by Councilman
Adams:
WHEREAS,
the City relies on contractors to make the necessary out lawn, sidewalk, curb,
and street repairs caused by main breaks, and repairs and maintenance
activities; and
WHEREAS,
in January 2009, sealed bids for Contractual Services, Out Lawns and
Miscellaneous Repairs, Bid No. 3160, was advertised and received in accord with
Section 2-18 of the Midland Code of Ordinances; and
WHEREAS,
the bid rates received from Earthmovers of Midland were accepted and a purchase
order was administratively approved in the amount of $20,000.00; and
WHEREAS,
restoration needs are expected to reach $160,000.00 this year and an increase
to the purchase order is necessary; and
WHEREAS,
funding is budgeted for the purpose of contracting the restoration services in
Water Fund Account # 591-8285-821.93-36; now therefore
RESOLVED,
that an increase of $140,000.00 to the existing purchase order of $20,000.00 is
hereby authorized, bringing the total purchase order with Earthmovers of
Midland to $160,000.00 for out lawn and miscellaneous repairs; and
RESOLVED
FURTHER, that the City Manager is hereby authorized to approve changes to the
purchase order in an aggregate amount not to exceed $20,000.00. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
RESOLVED, that notice is hereby given that a public hearing will be held
by the Midland City Council, September 21, 2009, at 7:00 p.m. in the Council
Chambers, City Hall, for the purpose of acting upon the request of Greta
Wittbrodt, Laura Good, Christopher Malecki, and Cassie and John Cuthbert, to
vacate the walkway between 123 and 127 West Nelson Street and 128 and 202 Helen
Street; and
RESOLVED FURTHER, that the City Clerk is hereby directed to advertise
the public hearing on August 29, September 5 and 12, 2009. (Motion ADOPTED.)
Being
no further business the meeting adjourned at 7:45 p.m.
______________________________________
Selina
Tisdale, City Clerk