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.
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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 January 10, 2011
regular and January 15, 2011 special meetings was offered by Councilman Adams and
seconded by Councilman Wazbinski.
(Motion ADOPTED.)
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
WHEREAS, the
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
RESOLVED, that pursuant to the authority
vested in the
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)
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.)
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)
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.)
No public comments were made.
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
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 |
|
(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 |
|
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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 |
|
|
|
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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 |
|
|
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
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.)
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.)
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.)
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.)
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.)
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,
Being no further business the meeting
adjourned at 9:30 p.m.
______________________________________
Selina
Tisdale, City