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

 

MINUTES

Approval of the minutes of the July 27, 2009 regular meeting was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 35

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 Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland, contingent upon the driveways all being located off Huntley Lane; now therefore

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.)

 

CALTECH INDUSTRIES, INC. IFT APPLICATION

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.)

 

PUBLIC COMMENTS

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.

 

SITE PLAN NO. 292

The following resolution was 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. 292, the request of Cal Ieuter on behalf of Ieuter Insurance Group for a 16,006 square foot office building located at 414 Townsend Street on .83 acres; and

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.)

 

DOW CHEMICAL COMPANY’S RENAISSANCE ZONE & AMENDED AGREEMENT

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.)

 

COLLABORATIVE GRANT APPLICATION – “OPERATION MEDICINE CABINET”

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 City Council hereby supports the project and finalization of the grant agreement. (Motion ADOPTED.)

 

NORTHWOOD UNIVERSITY LIQUOR LICENSE

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

 

RESOLVED, that the request to:  TRANSFER OWNERSHIP OF 2008 CLASS C LICENSE (IN ESCROW) AT 1415 S. SAGINAW, MIDLAND, MI  48640, MIDLAND COUNTY, FROM THE SWEET ONION, INC. TO NORTHWOOD UNIVERSITY; TRANSFER LOCATION TO 4000 WHITING, MIDLAND, MI  48640, MIDLAND COUNTY; AND RECLASIFY TO A B-HOTEL WITH 31 RENTAL ROOMS; AND REQUEST A NEW DANCE-ENTERTAINMENT PERMIT.

be considered for approval.  (Motion ADOPTED.)

 

BOARD OF REVIEW – NIELSEN APPOINTMENT

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.)

 

TRAFFIC CONTROL ORDER NO. S-09-05

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.)

 

CITY’S QUARTERLY FINANCIAL STATEMENTS

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 City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

FUEL PURCHASE

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.)

 

2009 SIDEWALK REPLACEMENT PROGRAM

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.)

 

MOWER PURCHASE

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.)

 

CDBG SUBRECIPIENT AGREEMENTS

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.)

 

MIDLAND BUILDING TRADES PROGRAM PROJECT CONTRACTUAL AGREEMENT

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.)

 

CONTRACTUAL SERVICES – OUT LAWNS & MISCELLANEOUS REPAIRS

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.)

 

REQUESTED VACATION OF WALKWAY (NELSON & HELEN STREETS)

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