January 11, 2010

 

A regular meeting of the City Council was held on Monday, January 11, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Scott Gaynor, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the December 21, 2009 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

ZONING PETITION NO. 563

Planning and Community Development Director Keith Baker presented information on Zoning Petition No. 563 – Earl D. Bennett Construction – to conditionally rezone property at 204 Commerce Drive from Larkin Township Zoning to Residential B zoning classification.  A public hearing opened at 7:35 p.m. Rich Fosgitt of Wilcox Professional Services, speaking on behalf of Bennett Construction, spoke regarding the requested rezoning.  Sheila Mesler of Bennett Development, Inc. spoke regarding the rezoning request.  Fred Dice, architect with Bennett Development, Inc. spoke in support of the architecture of the proposed development.  Speaking in opposition to the requested rezoning was Mike Rapanos, 3736 Julie Ann Drive; Doug Stevens, 2102 N. Jefferson Avenue; Mike Pnacek, 2661 Blackhurst Drive; John Bartos, 2095 N. Jefferson Avenue, also speaking on behalf of Dr. Thomas Rush.  The public hearing closed at 8:31 p.m.  Councilman Gaynor moved for discussion, seconded by Councilman Johnson, the ordinance rezoning property at 204 Commerce Drive from Larkin Township to Residential B zoning classification.  After council discussion, the following resolution tabling action on Zoning Petition No. 563 was then offered by Councilman Gaynor and seconded by Councilman Adams:

 

WHEREAS, a public hearing was held by the Midland City Council on Monday, January 11, 2010 on Zoning Petition No. 563 - for property located at 204 Commerce Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that action on Zoning Petition No. 563 is hereby tabled until Monday, January 25, 2010 to give staff time to formalize the petitioner’s proposed amendment.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 37

Planning and Community Development Director Keith Baker presented information on Conditional Use Permit No. 37 – to consider a request from Mann Construction, Inc. for an A&W Restaurant (drive-in/drive-thru) located at 1514 Washington Street in a Regional Commercial zoning district on 1.37 acres.  A public hearing opened at 9:11 p.m. Bill Trahan, Mann Construction, spoke regarding the development.  The public hearing closed at 9:13 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, Mann Construction, Inc. submitted a request for a conditional land use permit for an A&W Restaurant (drive-in/drive-thru) to be located at 1514 Washington Street located in a Regional Commercial zoning district on 1.37 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 land use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, contingent upon the following:

      1.   The storm water 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 water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

  7.   Any proposed irrigation system will comply with the City of Midland Water Department specifications.

  8.   That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02(E) (2) of the Zoning Ordinance. 

  9.   That a bike rack be installed as part of the project. 

In accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; 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. 37, in accord with documents provided and submitted at the meeting of December 21, 2009.  (Motion ADOPTED.)

 

Council recessed from 9:15 p.m. to 9:20 p.m.

 

ZONING TEXT AMENDMENT NO. 149A

Planning and Community Development Director Keith Baker presented information on Zoning Text Amendment No. 149A – to amend the City of Midland Zoning Ordinance Section 3.03 to further define permitting and foundation requirements for accessory structures in the City of Midland.  A public hearing opened at 10:01 p.m. recognizing no public comments, the hearing closed at 10:01 p.m.  The following ordinance amendment was then offered by Councilman Gaynor and seconded by Councilman Adams:

 

ORDINANCE NO. 1687

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 TO FURTHER DEFINE PERMITTING AND FOUNDATION REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE CITY OF MIDLAND.

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:

Section 2.02 – DEFINITIONS

RAT WALL:  A low perimeter foundation wall that is both below and above grade, intended to prevent rodents and burrowing animals from accessing the sub-floor area.

Section 3.03 -- ACCESSORY BUILDINGS AND STRUCTURES

A.        General Requirements

5.  Applicability of Other Codes and Ordinances

Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation. A zoning compliance permit, as outlined in Section 31.06, shall be required for all accessory buildings and structures with floor area between 50 and 200 square feet.  Any accessory structure greater than 200 square feet in floor area shall require a building permit.

6. Foundations

All Accessory buildings and structures with a floor area between 50 and 200 square feet shall be required to have a rat wall foundation that extends a minimum of 12” below surrounding grade. The rat wall foundation shall be constructed from concrete, block or foundation grade lumber and conforms to the Michigan Building Code. An accessory building may also be placed on a concrete slab which extends a minimum of 2 feet horizontally from all four sides of the structure.

Section 31.06 ZONING COMPLIANCE PERMIT

B.      Zoning Compliance Permit

1.       Permit Required

a.    A zoning compliance permit shall be required prior to any construction on vacant or improved land, or any construction or alterations whether requiring a building permit or not.   Zoning compliance permits shall be issued concurrently with building permits.

b.    In addition, any change of land use shall also require a zoning compliance permit to ensure that all applicable zoning ordinance requirements are adhered to and compliance with the Zoning Ordinance is achieved.

2.   Application Requirements

      No permit shall be issued for construction, alteration, or remodeling of any building or structure where a change in land use is proposed until an application has been submitted, showing that the proposed uses, structures and buildings are in conformance with the provisions of this Ordinance.

          Applications for permits required by this Section shall be filed with the Building Official.

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.  Yeas:  Adams, Donker, Gaynor, Wazbinski   Nays: Johnson)


PUBLIC COMMENTS

No public comments were made.

 

RECREATION PROGRAMS – FEE AMENDMENTS

Department of Public Services Director Karen Murphy presented information on the second reading and adoption of ordinances amending swimming pool fees and general recreation fees.  The following two ordinance amendments were then presented for consideration.

 

SWIMMING POOL FEES ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

ORDINANCE NO. 1688

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-72.  Swimming pool fees

      The fees for use of the city’s swimming pools are as follows:

(1)

Public Swimming - Adult

$     4.00

per session

 

Public Swimming – Youth & Senior

$     3.00

per session

(2)

Limited Pass – 15 Admissions, Adult

$   45.00

per pass

 

Limited Pass – 15 Admissions, Youth

$   35.00

per pass

(3)*

Swimming Lessons

$   35.00

per session

(4)

Individual Swim Pass, unlimited use - Adult

$   80.00

per pass

 

Individual Swim Pass, unlimited use – Youth

$   65.00

per pass

(5)

Family Swim Pass – 2 members

$ 115.00

per pass

(6)

Family Swim Pass – each additional member

$   30.00

per member

(7)

Family Swim Pass – maximum per family

$ 165.00

per pass

(8)

Competitive Swim Pool Rental

$   50.00

per hour

(9)

Aquasize – per session

$   20.00

per session

(10)

Aquasize – daily drop-in

$     4.00

per day

(11)    Midland Dolphins season contract:  The director of public services is authorized with the 

          approval of the city manager to enter into a cost recovery agreement with the Midland Dolphins

          consistent with the recreation fee philosophy for use of Plymouth Pool.  The agreement will be

          reviewed and adjusted annually as needed.

* THERE SHALL BE A $10.00 SERVICE FEE FOR REFUNDS.

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

GENERAL RECREATION FEES ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

ORDINANCE NO. 1689

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of  Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

(1)

Adult softball player

$   25.00

per player

(2)

Adult softball player (2nd team)

$   25.00

per player

(3)

Adult softball player - Fall League

$   15.00

per player

(4)

Each softball team in individual tournaments

$   25.00

per team

(5)

Youth softball player

 

per player

(6)

Rugby club

$ 450.00

per club

(7)

Beach volleyball

 

 

 

Player fee

$    8.00

per player

 

2 & 4 player league sponsor fee

$  30.00

per team

 

6 player league sponsor fee

$  60.00

per team

(8)

Ski rental (each 2 hours or part thereof)

$    6.00

per hour

(9)

Toboggan rental (per hour two-hour maximum)     

$    6.00

per hour

(10)

Chalet building rental (2 hour minimum)

$  30.00

per hour

(11)

Picnic kit deposit

$  15.00

per kit

(12)*

Ball field rental – private tournament

$  10.00

per hour per field

(13)*

Ball diamond grooming – private tournament

$  15.00

per grooming

(14)*

Ball diamond grooming/maintenance – private tournament - Overtime

$  75.00

per hour

(15)*

Ball diamond grooming/maintenance – private tournament - Double time

$100.00

per hour

(16)*

Diamond dry field drying material– private tournament

$  12.00

per bag

(17)**

Picnic shelter reservations

 

 

 

Emerson A-1, Emerson E

$  25.00

per use

 

Plymouth A (south), A (north), B-2, B-3

$  25.00

per use

 

Barstow Woods

$  25.00

per use

 

Stratford Woods

$  25.00

per use

 

Chippewassee

$  25.00

per use

 

Emerson D

$  45.00

per use

 

Plymouth A (entire shelter)

$  55.00

per use

 

Unsheltered areas

$  15.00

per use

 

Addition of a canopy

$  25.00

per request

 

Delivery of picnic tables (up to 10 tables)

$  30.00

per use

 

Additional tables (if available)

$    4.00

per table

(18)

Delivery of bleachers

$  20.00

per section

(19)

Delivery of half barrel portable grill

$  10.00

per use

(20)

City stage rental

 

 

 

Non-profit group inside city limits

$   75.00

per use

 

For profit group inside city limits

$ 225.00

per use

 

Non-profit group outside city limits

$ 125.00

per use

 

For profit group outside city limits

$ 425.00

per use

(21)

Haunted Forest

 

 

 

Youth (to age 11)

$    3.00

per entry

 

Adult (12 and up)

$    5.00

per entry

(22)

Canoe rental

 

 

 

Two hour rental

$    5.00

per use

 

Three hour rental

$    6.00

per use

(23)

Speaker system deposit

$  50.00

per system

 *Note:  Fees for private tournament ball field maintenance effective starting with the 2010

            softball season.

 **Note:  Fees paid for shelter reservations are non-refundable.

      Exceptions to (17) Picnic shelter reservation fees are as follows:

       a) Donors of shelters shall be allowed one rent free use per year in the respective donated

           structure.

       b) Daytime reservations which begin after 8:00 a.m. and end before 3:00 p.m.

           Monday – Friday in May and June are exempt from fees.

***Note:  The director of public services is authorized with the approval of the city manager to implement rates for special recreation events according to the recreation fee philosophy to recover programming costs for such offerings.  

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

DOW KOKAM MI, LLC RENAISSANCE ZONE

Assistant City Manager Jack Duso presented information on the proposal to create a Michigan Strategic Fund Designated Renaissance Zone, including parcels in the new Renaissance Zone for Dow Kokam MI, LLC, and authorizing the execution of the appropriate Development Agreement.  Councilman Gaynor disclosed his employment status with The Dow Chemical Company, a joint venture with Dow Kokam.  City Council accepted his disclosure and approved Councilman Gaynor’s continued full participation on the agenda item.  Chuck Reardon, Commercial Vice President for Dow Kokam, spoke regarding the project.  Scott Walker, CEO of Midland Tomorrow, spoke in support of approval of this request.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City of Midland desires to expand economic activity, and increase the number of jobs and income available to residents of the area; and

WHEREAS, certain areas within our city have suffered from depressed economic activity for some time, including low incomes, lack of employment opportunities, and depressed business expansion; and

WHEREAS, the designation of selected areas as a Renaissance Zone will help attract new business, increase economic development, and expand business and employment opportunities in the City of Midland and surrounding communities for years to come; and

WHEREAS, the local units of government, local citizens, and local businesses are committed to improving the area, should a Renaissance Zone be designated; and

WHEREAS, the commitment extends to making new investments and marketing of the area to other investors; and

WHEREAS, should the area be designated a Renaissance Zone, persons and property within that zone will be exempt from taxes levied by the township, village, county, and other units of government as provided under the Act, which will provide a stimulus to develop the area;     and

WHEREAS, the state government, under the Act, will reimburse local schools, community colleges, intermediate school districts, and public libraries for any revenue lost due to the exemption provided by the Act; and

WHEREAS, we estimate that tax revenue lost, which is estimated on the attached schedules, would be a small fraction of the benefits the designation of a Renaissance Zone will bring the community; now therefore

RESOLVED, that the land described by the attached legal descriptions for parcels 14-22-20-009 and 14-22-30-011 shall be included in the Renaissance Zone with various state, local and county taxes being waived for new investment on the property for a period of 15 years beginning January 1, 2011 through December 31, 2025; and

RESOLVED FURTHER, that the attached Proposal for Creating a Michigan Strategic Fund (MSF) Designated Renaissance Zone is hereby approved and the City Administration is authorized to submit said document to the Michigan Strategic Fund; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute the appropriate development agreement subject to review and approval by the City Attorney.  (Motion ADOPTED.)

 

SECURITY CAMERAS & RECORDER SYSTEM AT CIVIC ARENA

Assistant City Manager Jack Duso presented information on a donation from Fast Ice, Inc. for a security system at the Midland Civic Arena.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, Fast Ice, Inc. has expressed interest in acquiring and installing a security camera and recorder system at the Midland Civic Arena; and

WHEREAS, this system will be a significant deterrent to theft and vandalism at the Civic Arena; and

WHEREAS, the Civic Arena Manager will oversee the installation of the system; now therefore

RESOLVED, that the City Council hereby authorizes Fast Ice, Inc. to install said system at the Civic Arena under the supervision of the Civic Arena Manager and hereby expresses its appreciation for this generous donation.  (Motion ADOPTED.)

 

WATER MAIN EASEMENT AGREEMENT – COLUMBIA PIPE & SUPPLY

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

 

RESOLVED, that the attached Easement Agreement from Columbia Pipe and Supply Company, to the City of Midland, for public water mains on their private site on Rockwell Drive at Fast Ice Drive in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 which was reviewed on December 21, 2009; 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 12,598 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $25,309.38 executed by the Purchasing Agent on December 22, 2009, is hereby approved.  (Motion ADOPTED.)

 


PROPOSED 2009-10 GENERAL FUND BUDGET AMENDMENT

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

 

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., January 25, 2010 in the Council Chambers of City Hall on the proposal to amend the 2009-10 General Fund budget to increase revenues to recognize a gift of $350,000 from the Charles J. Strosacker Foundation to renovate Thrune Park and to increase expenditures by $350,000 to allow for construction of the project.  (Motion ADOPTED.)

 

PROPOSED 2009-10 RENEWABLE ENERGY SERVICES FUND BUDGET AMENDMENT

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

 

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, January 25, 2010, in the Council Chambers of City Hall on the proposal to amend the 2009/10 Renewable Energy Services Fund budget, increasing revenues by $10,000,000 from State Revolving Fund loan proceeds, and increasing appropriations by $10,000,000 for costs associated with the gas-to-energy system.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 10:10 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk