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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
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.)
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parts of Ordinances in conflict herewith are hereby repealed only to the extent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.)
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.)
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.)
No public comments were made.
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. _______
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
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(1) |
Adult softball player |
$ 25.00 |
|
per player |
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(2) |
Adult softball player (2nd
team) |
$ 25.00 |
|
per player |
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(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 |
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(6) |
Rugby club |
$ 450.00 |
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per club |
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(7) |
Beach volleyball |
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|
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|
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Player fee |
$ 8.00 |
|
per player |
|
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2 & 4 player league sponsor fee |
$ 30.00 |
|
per team |
|
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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 |
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|
|
|
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Emerson A-1, Emerson E |
$
25.00 |
|
per use |
|
|
|
$
25.00 |
|
per use |
|
|
|
$
25.00 |
|
per use |
|
|
|
$
25.00 |
|
per use |
|
|
Chippewassee |
$
25.00 |
|
per use |
|
|
Emerson D |
$
45.00 |
|
per use |
|
|
|
$
55.00 |
|
per use |
|
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Unsheltered areas |
$
15.00 |
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per use |
|
|
Addition of a canopy |
$
25.00 |
|
per request |
|
|
Delivery of picnic tables (up to |
|
$20.00 |
per use |
|
|
Additional tables (if available UP TO MAXIMUM OF 10 TABLES) |
$
4.00 |
|
per table |
|
(19) |
Delivery of bleachers |
$ 20.00 |
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per section |
|
(20) |
Delivery of |
$ 10.00 |
|
per use |
|
(21) |
City stage rental |
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|
|
|
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Non-profit group inside city limits |
$ 75.00 |
|
per use |
|
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For profit group inside city limits |
$ 225.00 |
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per use |
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Non-profit group outside city limits |
$ 125.00 |
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per use |
|
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For profit group outside city limits |
$ 425.00 |
|
per use |
|
(22) |
Haunted Forest |
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|
|
|
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Youth (to age 11) |
$ 3.00 |
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per entry |
|
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Adult (12 and up) |
$ 5.00 |
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per entry |
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(23) |
Speaker system deposit |
$
50.00 |
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per system |
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(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
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.)
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.
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.)
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.)
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
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:
;and
RESOLVED FURTHER, that the
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:
;and
RESOLVED FURTHER, that the
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.)
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.)
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.)
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:
(Motion ADOPTED.)
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.)
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