March 22, 2010
A regular meeting of the City Council was held on Monday, March 22, 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.
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Councilmen present: |
Thomas Adams, Maureen Donker, Scott Gaynor, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the March 8, 2010 regular and March 10, 2010
special meeting was offered by Councilman Gaynor and seconded by Councilman Wazbinski. (Motion ADOPTED.)
Planning and Community Development Director Keith Baker presented an
ordinance amendment to Article 21.00 to include the DNO – Downtown Northside
Overlay District in the City of Midland Zoning Ordinance No. 1585. A public hearing opened at 7:40 p.m.,
recognizing no public comments, the hearing closed at 7:40 p.m. The following ordinance amendment was then
offered by Councilman Gaynor and seconded by Councilman Adams:
ORDINANCE NO. 1692
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 AMEND ARTICLE 21.00 TO INCLUDE THE DNO – DOWNTOWN NORTHSIDE OVERLAY DISTRICT.
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:
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Ordinances or parts of Ordinances in conflict herewith are hereby repealed only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. (Ordinance ADOPTED.)
City Assessor Reid Duford presented a request from Dow AgroSciences, LLC
for an Industrial Facilities Exemption Certificate within the Michigan Division
Dow Chemical Company Plant Rehabilitation District No. 1, to utilize Building
827 at Michigan Operations for the production of agricultural insecticide
products. A public hearing opened at
7:09 p.m. Susan Lewis, Technology Center
Director for Dow AgroSciences, The Dow Chemical Company, outlined the project
and spoke in support of the request.
Jess Atwell, Economic Development Manager for Midland Tomorrow,
spoke in support of the request. The
public hearing closed at 7:15 p.m. The
resolution was then offered by Councilman Adams and seconded by Councilman
Wazbinski. (Motion ADOPTED.) Councilman
Adams moved, seconded by Councilman Gaynor to reopen the Dow AgroSciences, LLC
Industrial Facilities Exemption Certificate application Agenda Item #3 because
it was originally passed without stating the number of years for the abatement. Councilman Adams moved, seconded by
Councilman Wazbinski to consider for a period of 12 years. The following resolution was then presented
for consideration:
WHEREAS, the Michigan Division Dow Chemical
Company Plant Rehabilitation District No. 1 was established by resolution of
the Midland City Council on September 25, 1978; and
WHEREAS, Dow AgroSciences, LLC made an
application dated March 2, 2010, which was received by the City Clerk on March
3, 2010, 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 a total project cost of $13,625,900,
which consists of $478,900 of real property and $13,147,000 of new personal
property with the same being located within the Michigan Division Dow Chemical
Company Plant Rehabilitation District No. 1, and being intended to utilize
Building 827 at Michigan Operations for the production of agricultural
insecticide products by installing all necessary process instrumentation,
piping and equipment for production; 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 March 22, 2010, as
required by Public Act
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 a 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 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 Dow AgroSciences, LLC 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 Dow AgroSciences, LLC for a
new facility approval within the Plant Rehabilitation District be and the same
is hereby approved for a period of 12 years; and
RESOLVED FURTHER, that the
Mayor and City Clerk are authorized to execute the Public Act
No public comments were made.
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, The Dow Chemical Company and Tata Consultancy Services (TCS) have formed an alliance to build a strategic Business Process Services Center in Midland; and
WHEREAS, this project has created 150 new local jobs with Dow and is expected to create 500 new local jobs with TCS over the next three years; and
WHEREAS, TCS has received approval of a $22.1 million state tax credit from the Michigan Economic Growth Authority (MEGA) on February 25, 2010, which is contingent upon the approval of a local tax incentive by the City Council; and
WHEREAS, The Dow Chemical Company and TCS have submitted a request for personal property tax exemption for this project as provided in Public Act 328 of 1998, as amended; and
WHEREAS, PA 328 requires notification of the request in writing to the City Assessor and each legislative body of the local taxing units to afford them an opportunity for a hearing on the requests; now therefore
RESOLVED, that the City Clerk is hereby authorized and directed to notify in writing the City Assessor and the legislative body of each taxing unit levying ad valorem property taxes on the property upon which the project will be constructed that an opportunity for a hearing on a resolution granting a personal property exemption to The Dow Chemical Company and Tata Consultancy Services for a period of ten years as provided in Public Act 328 of 1998, as amended will be granted at 7:00 p.m. in City Council Chambers on Monday, April 12, 2010. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, certain streets have been constructed within the City of Midland as listed below:
Shirewood Lane from W. Line Scenic Estates No. 7 to Shirewood Circle
Whiffletree Lane from Shirewood Lane to Wackerly Street
; and
WHEREAS, Shirewood Circle, Shirewood Lane and Whiffletree Lane are in the recorded plat of Scenic Estates No. 7; and
WHEREAS, said streets were constructed and open to traffic prior to December 31, 2009; and
WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore
RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and
RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, City staff has contacted all boards and commissions members
whose terms expire June 30, 2010, to confirm their interest in being
reappointed and has provided
RESOLVED, that the
James Pollack, Aviation Advisory Commission, Citizen
at Large
David Carlson,
Dial-A-Ride Advisory Commission, Senior Representative
Maxine Brink, Library Board, Township Representative
Kristen Bovid, Parks and Recreation Commission, Citizen at Large
David Kelley,
Parks and Recreation Commission, Citizen at Large
Patty Carlson,
Parks and Recreation Commission, Citizen at Large
Ray Senesac,
Planning Commission, Citizen at Large
Stephen King,
Planning Commission, Citizen at Large
Paul Ballard,
Planning Commission, Citizen at Large
John Young,
Planning Commission, Citizen at Large
Mike Storey, West
Main Street Historic District Commission, Historical Society Representative
Tim Lichtenwald, Zoning Board of Appeals, Citizen at Large; and
RESOLVED FURTHER,
that Richard Osburn, Local Officers Compensation Commission, for a Citizen at
Large term ending June 30, 2017; and
RESOLVED FURTHER,
that Jeffrey Nielsen, Board of Review, for a term beginning May 1, 2010 and
ending April 30, 2013; and
RESOLVED FURTHER, that City staff is
directed to begin disseminating information regarding the remaining boards and
commissions vacancies. (Motion ADOPTED.)
Assistant City Manager for Human Resources Paula Whittington presented
an update report on the City safety program.
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Adams:
RESOLVED, that the attached safety program report is hereby accepted and
ordered placed on file in the Office of the City Clerk. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
RESOLVED, that the resignation of Doug Hail as a member of the Board of Review is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Hail for his service on this important Board. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
RESOLVED, that the resignation of Paula Liveris as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Liveris for her service on this important Board. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
RESOLVED, that the resignation of William Eyre as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Eyre for his service on this important Commission. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
RESOLVED, that John Young and Paul Ballard are hereby appointed as
citizen-at-large members of the Planning Commission for terms expiring June 30,
2010. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2009 Annual Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor 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; and
WHEREAS,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; 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 13,395 gallons of Winter Blend diesel fuel from
Karbowski Oil of Bay City, Michigan for $28,262.11 executed by the Purchasing
Agent on March 2, 2010, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, the City of Midland Landfill has approximately two thirds of a mile of asphalt roads ranging in age from nine to over thirty years used by an average of 120 waste disposal vehicles daily; and
WHEREAS, several sections of the roads have been repaired in the past, but continued deterioration due to age and heavy truck and equipment traffic has necessitated improvement and replacement of a majority of the road; and
WHEREAS, last fall, the asphalt repair work at the Landfill was bid, and the low bid of $67,313.65 was approved by Council with authorization given to the City Manger for changes of up to $10,000.00; and
WHEREAS, some areas of the road required replacement rather than large patches, and two areas were identified at the Midland Area Recycling Center requiring repairs that were outside the original scope of work, resulting in a change authorized by the City Manager in the amount of $9,047.50, bringing the total purchase order to $76,361.15; and
WHEREAS, actual quantities of gravel for the road edge and asphalt near the maintenance building, as confirmed by City staff, were greater than originally estimated resulting in additional charges of $4,300.00; and
WHEREAS, sufficient funds are available in the 2009/10 Landfill Fund account #517-9120-912.97-15 – Land Improvements for the cost increase; now therefore
RESOLVED, that an increase of $4,300.00 to the purchase order issued to Pyramid Paving Company of Essexville is hereby authorized, bringing the total purchase order amount to $80,661.15. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, Consumers Energy has completed an audit of unmetered street
lights in the city of Midland; and
WHEREAS, audit results clarified unmetered light ownership and billing
rates, and indicated a credit to the City for overbilling; and
WHEREAS, the credit will be reflected in Consumers Energy standard
billing procedures before July 1, 2010; and
WHEREAS, the existing street light contract with Consumers Energy
requires an amendment approved by the City; and
WHEREAS, said amendment requires completion of a standard authorization
form and separate resolution both prepared by Consumers Energy; now therefore
RESOLVED, that
the City Manager is hereby authorized to sign the standard authorization form
with approval by the City Attorney; and
RESOLVED
FURTHER, that the City Clerk is authorized to sign the Consumers Energy
resolution. (Motion ADOPTED.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, a
public hearing was held by the
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 12, 2010, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and
RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on March 26, 2010 and to publish said notice on March 27, 2010.
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 TO PROVIDE A LIMITED COMMERCIAL, MANUFACTURING & RESEARCH ZONING WHERE AN AGRICULTURAL ZONING DISTRICT PRESENTLY EXISTS.
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:
PART OF THE SOUTHEAST ¼ OF SECTION 24, TOWN 14 NORTH, RANGE 2 EAST, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS COMMENCING AT THE EAST ¼ CORNER OF SAID SECTION 24; THENCE S01D 43M 40S W, 1096.38 FEET, ALONG THE EAST SECTION LINE; THENCE N 89D 15M 36S W, 333.05 FEET; THENCE S 04D 43M 40S W, 732.66 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF FAST ICE DRIVE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, N 89D 15M 36S W, 408.09 FEET, PARALLEL WITH THE SOUTH SECTION LINE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, AN ARC DISTANCE OF 172.72 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, CHORD BEARING AND DISTANCE OF S 80D 50M 37S W, 171.87 FEET AND A DELTA ANGLE OF 19D 47M 34S; THENCE S 70D 56M 50S W, 58.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, AN ARC DISTANCE OF 344.34 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, CHORD BEARING AND DISTANCE OF N 89D 19M 25S W, 337.57 FEET AND A DELTA ANGLE OF 39D 27M 30S; THENCE N 69D 35M 40S W, 60.88 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, AN ARC DISTANCE OF 86.91 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, CHORD BEARING AND DISTANCE OF N 74D 34M 27S W, 86.80 FEET AND A DELTA ANGLE OF 90D 57M 33S TO THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, AN ARC DISTANCE OF 84.70 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, CHORD BEARING AND DISTANCE OF N 84D 24M 25S W, 84.60 FEET AND A DELTA ANGLE OF 09D 42M 23S; THENCE N 89D 15M 36S W, 63.22 FEET (63.31 FEET-DEED); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, AN ARC DISTANCE OF 317.84 FEET (317.65 FEET-DEED), SAID CURVE HAVING A RADIUS OF 200.00 FEET, CHORD BEARING AND DISTANCE OF N 43D 44M 01S W, 285.43 FEET (N 43D 45M 37S W 285.30 FEET-DEED) AND A DELTA ANGLE OF 91D 03M 11S (90D 59M 57S-DEED); THENCE N 01D 47M 35S E (N 01D 44M 21S E-DEED), 320.31; THENCE S 88D 12M 21S E, 351.30 FEET; THENCE S 01D 47M 35S W, 524.72 FEET TO THE POINT OF BEGINNING, CONTAINING 4.00 ACRES AND SUBJECT TO ANY AND ALL EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER USED, IMPLIED OR OF RECORD.
Be, and the
same is hereby changed to Limited Commercial, Manufacturing & Research.
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 ordinance was offered by Councilman Gaynor and seconded by
Councilman Wazbinski:
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, April 12, 2010, 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 March 27, 2010.
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 Gaynor and seconded
by Councilman Wazbinski:
WHEREAS, Consolidated Graphics, Inc. by means of a letter dated March
18, 2010, which was received by the City Clerk on March 18, 2010, has requested
the establishment of an Industrial Development District as described in said
communication under the scope of Act
WHEREAS, the
decision on whether to establish such a district as a condition precedent to
industrial development assistance through property tax incentives rests with
the City Council acting in accord with the criteria and procedures contained in
Public Act
WHEREAS, prior to such action by the City Council, a public hearing
shall have been held as required by Section 4(4) of said Act; now therefore
RESOLVED, that a public hearing will be held before the City Council on
April 12, 2010 at 7:00 p.m. in the Council Chambers at City Hall,
Being no further business the meeting adjourned at 8:00 p.m.
______________________________________
Selina Tisdale, City