January 10, 2011

 

A regular meeting of the City Council was held on Monday, January 10, 2011, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  Cub Scout Pack #3791 – Chestnut Hill Elementary led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the December 20, 2010 special and regular meeting was offered by Councilman Brooks and seconded by Councilman Adams.  (Motion ADOPTED.)

 

ZONING PETITION NO. 573

Planning and Community Development Director Keith Baker presented Zoning Petition No. 573 to rezone property located at 800 Commerce Drive from Larkin Township to Community Commercial Zoning.  A public hearing opened at 7:16 p.m.  Mike Pnacek, 2661 E. Blackhurst Road, spoke in support of the zoning petition. The hearing closed at 7:18 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

ORDINANCE NO. 1712

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 COMMUNITY COMMERCIAL  ZONING WHERE A LARKIN TOWNSHIP 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:

THAT PART OF N ½ OF NE ¼ OF SEC 33, T15N, R2E, LYING NORTHLY OF COMMERCE DRIVE EXCEPT THE WEST 40 FT THEREOF.

Be, and the same is hereby changed to Community Commercial.  

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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.)

 

2010-11 GENERAL FUND BUDGET AMENDMENT – TIF

City Assessor Reid Duford presented information on an amendment to the 2010-11 General Fund budget to allow distribution of captured City taxes relating to the 2008 Brownfield Reimbursement Agreement with Hotel Holdings Cinema, L.L.C.  A public hearing opened at 7:29 p.m., recognizing no public comments, the hearing closed at 7:29 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing, Monday, January 10, 2011, on the proposal to amend the 2010-11 General Fund budget to increase offsetting revenue accounts by $106,289 for a net budget change of zero, to recognize 2010-11 captured property taxes to be distributed to Hotel Holdings Cinema, L.L.C., in accordance with the Brownfield Reimbursement Agreement dated March 24, 2008, and to increase appropriations by $46,120 to provide budget authorization to distribute 2009-10 captured property taxes from General Fund fund balance, also related to the Brownfield Reimbursement Agreement with Hotel Holdings Cinema, L.L.C.

RESOLVED, that the 2010-2011 General Fund budget shall be amended as described above to provide budgetary authorization to distribute captured property taxes to Hotel Holdings Cinema, L.L.C in accordance with the Brownfield Reimbursement Agreement dated March 24, 2008.  (Motion ADOPTED.)

 

2010-11 GENERAL FUND BUDGET AMENDMENT – PLYMOUTH POOL REPAIRS

Assistant Public Services Director Jan Yuergens presented information on an amendment to the 2010-11 General Fund revenue budget to recognize donations totaling $250,000 from the Herbert H. and Grace A. Dow Foundation and the Rollin M. Gerstacker Foundation for repairs at Plymouth Pool. A public hearing opened at 7:32 p.m., recognizing no public comments, the hearing closed at 7:32 p.m.   The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, January 10, 2011, on the proposal to amend the 2010-11 General Fund Budget to recognize gifts from The Herbert H. and Grace A. Dow Foundation and the Rollin M. Gerstacker Foundation totaling $250,000 and the unanticipated expenses related to repairs at Plymouth Pool; now therefore

RESOLVED, that the 2010-11 General Fund Budget is hereby amended to increase revenue by $250,000 to recognize gifts from The Herbert H. and Grace A. Dow Foundation and the Rollin M. Gerstacker Foundation and to increase expenses by $250,000 to recognize the unanticipated expense related to repairs at Plymouth Pool.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GENERAL RECREATION FEES AMENDMENT – 1ST reading

Recreation Director Marcie Post presented information on an ordinance amending Sec. 21-73 of Div. 4 of Article II of Chapter 21 – General Recreation Fees. Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. _______

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

 

$6.00

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)

SKATE AND SLED RENTAL

 

$2.00

PER TWO HOURS

(11)

Chalet building rental (2 hour minimum)

$  30.00

 

per hour

(12)

Picnic kit deposit

$  15.00

 

per kit

(13)*

Ball field rental – private tournament

$  10.00

 

per hour per field

(14)*

Ball diamond grooming – private tournament

$  15.00

 

per grooming

(15)*

Ball diamond grooming/maintenance – private tournament - Overtime

$  75.00

 

per hour

(16)*

Ball diamond grooming/maintenance – private tournament - Double time

$100.00

 

per hour

(17)*

Diamond dry field drying material– private tournament

$  12.00

 

per bag

(18)**

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 5 tables)

$  30.00

$20.00

per use

 

Additional tables (if available UP TO MAXIMUM OF 10 TABLES)

$    4.00

 

per table

(19)

Delivery of bleachers

$  20.00

 

per section

(20)

Delivery of half barrel portable grill

$  10.00

 

per use

(21)

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

(22)

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

(24)

TENNIS LESSON AGREEMENT:   THE DIRECTOR OF PUBLIC SERVICES IS   AUTHORIZED WITH THE APPROVAL OF THE CITY MANAGER TO ENTER                      INTO A COST RECOVERY AGREEMENT WITH THE MIDLAND COMMUNITY                  TENNIS CENTER CONSISTENT WITH THE RECREATION FEE PHILOSOPHY                       FOR ADMINISTRATIVE COSTS RELATED TO ADVERTISING AND PROGRAM          REGISTRATION FOR SUMMER YOUTH TENNIS LESSONS.  THE AGREEMENT          WILL BE REVIEWED AND ADJUSTED ANNUALLY AS NEEDED.

*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 18) 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 FROM APRIL 15 – JUNE 30 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.  (Motion ADOPTED.  Considered first reading.)

 

SALE OF TWO VACANT LOTS

Planning and Community Development Director Keith Baker presented information on the sale of properties at 1005 North Street and 3308 Aaron Court.  The following two resolutions were then presented for consideration.

 

SALE OF PROPERTY – 1005 NORTH STREET

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a lot at 1005 North Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated December 1, 2010, was submitted by Midland County Habitat For Humanity in the amount of  $7,500.00; and

WHEREAS, the purchaser will be using the property to construct a single-family residential home; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical and unwarranted; 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.)

 

SALE OF PROPERTY – 3308 AARON COURT

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a lot at 3308 Aaron Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated December 1, 2010, was submitted by Midland County Habitat For Humanity in the amount of  $12,400.00; and

WHEREAS, the purchaser will be using the property to construct a single-family residential home; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical and unwarranted; 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.)

 

CITY AND COUNTY JOINT BUILDING AUTHORITY AUDIT – YEAR ENDING 6/30/10

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

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2010 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

MIDLAND YOUNG LIFE – 5K RACE

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

 

RESOLVED, that the request from Jennifer Suarez, on behalf of Midland Young Life, to conduct a 5k race on Saturday, May 14, 2011, beginning at 8:00 a.m., utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • Provide special event liability insurance for this event in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five days prior to the event.
  • Contact the Police and Engineering Departments one month prior to the event to review the final plan.
  • The Fire Department may need to access areas on or near the route in case of an emergency.  Should access be necessary, we ask that the participants move out of the way and let fire apparatus proceed to the emergency scene.  The Fire Department will endeavor to avoid the route unless absolutely necessary.
  • Use of the Rail Trail is non-exclusive.
  • Amplified sound should be kept to a minimum until after 10:00 a.m.
  • Shelter E has been reserved for the event.  There is a $25.00 rental fee and arrangements will need to be made with the Parks & Recreation Dept. to pay for the shelter at least two weeks prior to the event.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

ANGELMAN SYNDROME FOUNDATION - WALKATHON

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

 

RESOLVED, that the request from Kathy Leonard, on behalf of the Angelman Syndrome Foundation, to conduct a walkathon on Saturday, May 21, 2011, beginning at 8:00 a.m., utilizing the public right-of-way and using amplified sound, is hereby approved subject to the following conditions:

  • Participants must remain on the sidewalks and follow all traffic laws.
  • Amplified sound should be kept to a minimum.
  • Signs must be placed in the public right-of-way and must not obstruct the clear vision area of motorists or pedestrians.
  • There is a rental fee for the shelter and arrangements will need to be made with the Parks & Recreation Dept. to pay for the shelter at least two weeks prior to the event.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brooks 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, 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 13,400 gallons of Winter Blend diesel fuel from Karbowski Oil of Bay City, Michigan for $33,690.28 executed by the Purchasing Agent on December 17, 2010, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brooks 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, 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 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $32,548.60 executed by the Purchasing Agent on December 29, 2010, is hereby approved.  (Motion ADOPTED.)

 

GAS-TO-ENERGY PROJECT – CHANGE ORDER NO. 4

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

 

WHEREAS, the original contract with The Christman Company (Christman) of Lansing for the design and construction of the Gas-to-Energy Plant and Compressor Facility was $8,682,638.00; and

WHEREAS, Change Order Nos. 1, 2, and 3 resulted in a net reduction of $187,914.00 to the contract, making the amended contract value $8,494,724.00; and 

WHEREAS, the scope at the GTE Plant was expanded to include costs associated with, 1) the removal of soils not suitable for access drives and placement of compacted clay, 2) excavation and shaping of the retention pond at the west end of site, and 3) increasing the size of the perimeter fence, including the enlargement of posts; and 

WHEREAS, staff therefore recommends that Change Order No. 4 be approved, increasing the contract with Christman by $23,337.00 for the additional work at the GTE Facility, increasing the total contract value to $8,518,061.00; and

WHEREAS, funding is provided in the contingency line item of capital project RE1003 – GTE Electric Generation Facility; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 4 in the amount of $23,337.00, thereby increasing the total amount of the contract with The Christman Company to $8,518,061.00.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY BROWNFIELD REDEVELOPMENT PLAN NO. 7

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

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within the City of Midland (the “Brownfield Redevelopment Zone”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 24th day of January, 2011, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A, in the Midland Daily News, a newspaper of general circulation in the City of Midland and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk.

(Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

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

 

RESOLVED, that an application dated January 5, 2011, was received January 5, 2011 from The Dow Chemical Company with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property totaling $30,000,000 to improve the existing facility located at buildings 1351 and 1353,  is hereby acknowledged received and ordered and placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, January 24, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

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

 

RESOLVED, that an application dated January 5, 2011, was received January 5, 2011 from The Dow Chemical Company with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property totaling $12,000,000 to improve the existing facility located at buildings 564, 591, and 954, is hereby acknowledged received and ordered and placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, January 24, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:00 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk