January 24, 2011

 

A regular meeting of the City Council was held on Monday, January 24, 2011, 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, J. Dee Brooks, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the January 10, 2011 regular and January 15, 2011 special meetings was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY BROWNFIELD REDEVELOPMENT PLAN NO. 7

Assistant City Manager Jack Duso presented information on The Dow Chemical Company Brownfield Redevelopment Plan #7.   A public hearing opened at 7:02 p.m.  Earl Shipps from Dow Chemical Company outlined the project and spoke in support of the Brownfield request and the two IFTs.  Carol Miller, Economic Development Manager for Midland Tomorrow, spoke in support of the Brownfield request and the two IFTs.  The public hearing closed at 7:20 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.            The Plan constitutes a public purpose under the Act;

B.            The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid. (Motion ADOPTED.  Yeas:  Adams, Brooks, Donker, Wazbinski   Nays: Johnson)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

City Assessor Reid Duford presented information on a request from The Dow Chemical Company for an Industrial Facilities Tax Exemption Certificate within The Dow Chemical Company Plant Rehabilitation District No. 1 relating to new real and personal property to improve the existing facility located at buildings 1351 and 1353.  A public hearing opened at 7:27 p.m., recognizing no public comments, the hearing closed at 7:27 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, The Dow Chemical Company made an application dated January 5, 2011, which was received by the City Clerk on January 5, 2011 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 $30,000,000 which is for new real and personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to allow The Dow Chemical Company to rehabilitate an idled building consisting of approximately 39,000 square feet located at the 1351/1353 building complex.  The project is expected to create thirty jobs within two years of 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 January 24, 2011, 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 The Dow Chemical Company, 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 The Dow Chemical Company, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2023; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

City Assessor Reid Duford presented information on a request from The Dow Chemical Company for an Industrial Facilities Tax Exemption Certificate within The Dow Chemical Company Plant Rehabilitation District No. 1 relating to new real and personal property to improve the existing facility located at buildings 564, 591 and 954.  A public hearing opened at 7:35 p.m., recognizing no public comment, the hearing closed at 7:35 p.m.  The following resolution was offered by Councilman Adams and seconded by Councilman Johnson:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, The Dow Chemical Company made an application dated January 5, 2011, which was received by the City Clerk on January 5, 2011 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 $12,000,000 which is for new real and personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to allow The Dow Chemical Company to upgrade the Vinyl Resin production located at buildings 564, 591 and 954 to modern standards, by eliminating obsolete systems. The project is expected to retain five existing jobs upon 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 January 24, 2011, 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 The Dow Chemical Company, 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 The Dow Chemical Company, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2023; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.  Yeas:  Adams, Brooks, Donker, Wazbinski    Nays:  Johnson)

 

CENTER CITY CORRIDOR IMPROVEMENT AUTHORITY DEVELOPMENT PLAN

Director of Planning and Community Development Director Keith Baker presented information on the proposed Center City Corridor Improvement Authority Development Plan.   A public hearing opened at 8:09 p.m.  Jerry Deming, Center City Authority Board member and Saginaw Road business owner, spoke in favor of the plan.  The public hearing closed at 8:13 p.m.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Adams:

 

WHEREAS, the Center City Authority Board has spent the last twelve months preparing a plan for the future development of the South Saginaw Road commercial corridor culminating in the draft Center City Corridor Improvement Authority Development Plan (the Plan); and

WHEREAS, a public hearing was held by the Center City Authority Board on Wednesday, October 27, 2010 to review the Plan; and

WHEREAS, the Board has recommended adoption of the Plan to the Midland City Council by a unanimous (7-0) vote; and

WHEREAS, the Midland City Council has conducted a public hearing as required by law at its meeting on January 24, 2011, and finds adoption of the Plan to be in the best interest of the City; now therefore

RESOLVED, the City of Midland City Council hereby adopts the 2011 Center City Corridor Improvement Authority Development Plan.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GENERAL RECREATION FEES

Recreation Director Marcie Post presented for second reading an ordinance amending Sec. 21-73 of Div. 4 of Article II of Chapter 21 – General Recreation Fees.  The following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1713

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 5 tables)

$  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 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

(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 (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 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.  (Ordinance ADOPTED.)

 

2011-12 CONSTRUCTION PROJECT PRIORITIES LIST

City Engineer Brian McManus presented the 2011-12 Construction Project Priorities List.  Charles Markey, Director of the Arnold Center, spoke regarding the request to improve Tibbs Street.  Wendell Dilling, 1810 Norwood Drive, member of the Non Motorized Transportation Committee, spoke in support of the improvement requests made by the NMTC.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2011-2012 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; now therefore

RESOLVED, that City Council hereby approves said proposed construction project listing for 2011-2012 and directs the City Administration to include funding requests for the proposed projects in the 2011-2012 budget; and

RESOLVED FURTHER, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion ADOPTED.)

 

CENTRAL MICHIGAN MENTAL HEALTH – EASEMENT AGREEMENT

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

 

RESOLVED, that the attached Easement Agreement from             Central Michigan Mental Health Facilities Board, to the City of Midland, for public water mains on their private site on 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.)

 

MIDLAND COUNTY COUNCIL ON AGING – EASEMENT AGREEMENT

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

 

RESOLVED, that the attached Easement Agreement from             Midland County Council on Aging, to the City of Midland, for public water mains on their private site at the northeast corner of Saginaw Road and Dublin Avenue in Section 6, 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; 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 $34,089.60 executed by the Purchasing Agent on January 11, 2011, is hereby approved.  (Motion ADOPTED.)

 

BETTER GROUNDS, LLC – OBSOLETE PROPERTY REHABILITATION DISTRICT

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

 

WHEREAS, Better Grounds, LLC. by means of a letter dated January 18, 2011, which was received by the City Clerk on January 18, 2011, has requested the establishment of an Obsolete Property Rehabilitation District as described in said communication under the scope of Act 146 of the Michigan Public Acts of the State of Michigan of 2000; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to commercial rehabilitation assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 146 of the Public Acts of the State of Michigan of 2000; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 3(1) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on February 14, 2011 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Obsolete Property Rehabilitation District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk