June 13, 2011
A regular meeting of the City Council was
held on Monday, June 13, 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 |
Approval of the minutes of the May 23, 2011
regular meeting was offered by Councilman Adams and seconded by Councilman Johnson. (Motion ADOPTED.)
Community Relations Director Selina Tisdale
introduced Lee Hodges, President of the Midland Amateur Radio Club. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation designating the week of June 20 – 26, 2011, as Amateur Radio Week
and June 25, 2011, as Amateur Radio Day in Midland. (Motion ADOPTED.) Mayor Donker presented Lee Hodges with the
proclamation.
City Assessor Reid Duford introduced a request from Styron, LLC for an
Industrial Facilities Tax (IFT) Exemption Certificate within The Dow Chemical
Company Plant Rehabilitation District No. 1.
A public hearing opened at 7:25 p.m.
Catherine Maxey, Vice President for Public Affairs, Styron, spoke
regarding Styron, LLC and the IFT request.
The public hearing closed at 7:35 p.m.
The following resolution was then offered by Councilman Adams and
seconded by Councilman Brooks:
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, Styron,
LLC made an application dated May 17, 2011, which was received by the City
Clerk on May 17, 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 $1,130,000 which is for new personal property with the
same being located within The Dow Chemical Company Plant Rehabilitation
District No. 1 to allow installation of new equipment for the Verde-Binder
Preparation Project, which will utilize raw material in Styron’s Midland Latex
Plant. The project is expected to retain
1-2 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
June 13, 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 Styron, 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
Styron, LLC 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 Styron, LLC, pursuant to P.A. 334
of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
City Assessor Reid Duford presented
information on the request to transfer Industrial Facilities Tax Exemption
Certificate No. 2008-532 from The Dow Chemical Company to Styron, LLC. A public hearing opened at 7:45 p.m.,
recognizing no comments, the hearing closed at 7:45 p.m. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Johnson:
WHEREAS, The Dow Chemical Company was issued Industrial Facilities Exemption Certificate No. 2008-532 which has a real property component of -0- and a personal property component of $4,500,000; and
WHEREAS, The Dow Chemical Company Industrial Facilities Exemption Certificate No. 2008-532 is located within The Dow Chemical Company Plant Rehabilitation District No.1, established September 25, 1978; and
WHEREAS, The Dow Chemical Company has requested the City Council to approve a transfer of certificate No. 2008-532 personal property component of $4,500,000, as a result of the sale of personal property assets, dated June 17, 2010, from The Dow Chemical Company to Styron, LLC; now therefore
RESOLVED, that the City Council of the City of Midland does hereby approve the request by The Dow Chemical Company to transfer Industrial Facilities Exemption Certificate No. 2008-532, due to expire December 30, 2021, to Styron, LLC at the existing location, MI OP’s 433-B Building, Midland, Michigan, within The Dow Chemical Plant Rehabilitation District No. 1, established September 25, 1978; and
RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a transfer of certificate No. 2008-532 to Styron, LLC based on the June 17, 2010, sale of equipment from The Dow Chemical Company to Styron, LLC. (Motion ADOPTED.)
Dr. Eugene Moore, 5600 Woodview
Pass, spoke regarding communications during the budget process, costs to remove
the former jail and possible uses and the hiring of two new police
officers.
Utilities Director Noel Bush presented
information on an amendment to Section 18-52 – Water Rates. 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, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION
28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.
The City of Midland
Ordains:
Section
1. Section 28-52 of Division 3 of
Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as
follows:
Sec.
28-52. Filtered water rate generally.
The city's
methodology of adjusting water rates shall be in accordance with the cost of
service water and sewer rate study prepared by the city's consultant, presented
to and approved by the council in 1993 and shall be in conformity with the
findings set forth in section 28-2 of this chapter.
All filtered water
bills shall be calculated according to the following:
(1)
For each one thousand (1,000) gallons used per
quarter: $1.22 $1.25
(2)
In addition to the rate set forth in this section
for the use of water, there shall be a readiness-to-serve charge per quarter on
each metered service as follows:
|
Metered
Service |
|
AMOUNT |
|
5/8" – 3/4” |
|
$33.44 |
|
1" |
|
$43.47 |
|
1-
1/2" |
|
$53.51 |
|
2" |
|
$86.95 |
|
3" |
|
$334.41 |
|
4" |
|
$434.74 |
|
6" |
|
$635.38 |
|
8" |
|
$902.92 |
(3)
Gross rates shall be ten (10) percent greater than
the above schedule of rates and shall be charged for water service paid for
after the date shown on the bills.
Section
2. This ordinance shall take
effect July 1, 2011. (Motion
ADOPTED. Considered
first reading.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 301 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore
RESOLVED, that the City Council does hereby approve Site Plan No. 301, contingent upon the following:
1. The
storm water management methods are designed and constructed in accordance with
the City of Midland Engineering Department specifications.
2. A
landscape plan is required and all landscaping shall comply with Article 6 of
the Zoning Ordinance to include the installation of 154 trees and 35 scrubs.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance with a
photometric plan required for submittal at the time of applying for a building
permit.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. A
soil & sedimentation control plan is required as the project is in excess
of one acre in size and shall be reviewed and approved by the City of Midland
Building Department.
6. No
occupancy or business operations shall commence until the completion of all
site improvements.
7. The
petitioner shall extend the left turn lane striping on Ashman Street.
8. A
raised concrete curb is required for the “right-out only” drive approach.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the Final Plat of Broadhead Estates No. 4 is in conformance
with the approved Preliminary Plat, and all requirements of Chapter 23 of the
Code of Ordinances of the City of Midland have been met; now therefore
RESOLVED, that the City Council does hereby approve the Final Plat of
Broadhead Estates No. 4, in accordance with Section 23-19 of the Code of
Ordinances of the City of Midland, contingent upon installation of a 32’ radius
temporary cul-de-sac capable of supporting a 60,000 pound vehicle at the end of
Broadhead Drive; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to
execute the contract for the required improvements; and
RESOLVED FURTHER, that the City Clerk is hereby authorized to execute
the plat and record it on behalf of the City.
(Motion ADOPTED.)
Planning and Community Development Director
Keith Baker introduced a resolution acknowledging a matching challenge grant
from Mr. David and Mrs. Patti Kepler to the Midland
Area Community Foundation Non-Motorized Transportation (NMT) Project
Improvement Fund in the amount of $25,000.
Ken Andrews, member of the Non-Motorized Transportation Committee, spoke
in support of the generous donation.
David Kepler also acknowledged the benefits of
the NMT project to the Midland Community.
The following resolution was then offered by Councilman Wazbinski and
seconded by Councilman Brooks:
WHEREAS, the City of Midland has adopted a Non-Motorized Transportation
Plan (Plan); and
WHEREAS, as part of this Plan, official bike routes and dedicated bike
lanes have been designated and mapped for identification on the city’s existing
street system; and
WHEREAS, the Non-Motorized Transportation Project Improvement Fund has
been established through the Midland Area Community Foundation for the purpose
of promoting and funding non- motorized transportation improvement projects
within the City of Midland; and
WHEREAS, Mr. David and Mrs. Patti Kepler, Midland residents and avid
bicyclists, have announced a matching challenge grant through the new fund in
the amount of $25,000; now therefore
RESOLVED, that the Midland City Council hereby acknowledges the grant in
the amount of $25,000 from Mr. David and Mrs. Patti Kepler to the Midland Area
Community Foundation Non-Motorized Transportation Project Improvement Fund and
furthermore expresses its appreciation to Mr. and Mrs. Kepler for their
generous gift to the community. (Motion
ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
RESOLVED,
that the City Assessor is hereby authorized and instructed to spread upon the
July 2011 tax roll, Special Assessments in the various amounts as indicated
herein:
1996 Street Improvement $ 3,793.87
2008 Street Improvement 8,904.00
Subtotal Street
Improvement Rolls $ 12,697.87
1996 Sanitary Sewer Improvement $ 2,109.24
2003 Sanitary Sewer Improvement 15,085.21
2009 Sanitary Sewer Improvement 37,381.60
Subtotal Sanitary
Sewer Improvement Rolls $ 54,576.05
2007 Sidewalk Improvement 2,602.80
2009 Sidewalk Improvement 7,395.18
Subtotal Sidewalk
Improvement Rolls $ 10,489.18
2011 Downtown
Economic Revitalization Roll (SARA) $ 36,011.49
Accounts
Receivable Roll $ 29,355.54
TOTAL SPECIAL
ASSESSMENT ROLL $
143,130.13
; and
RESOLVED FURTHER, that the current accounts
receivable listed herein be transferred to the 2011 General Fund Tax Roll
Accounts Receivable. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City of Midland desires to
enter into a contract for the sale of a house at 1514 Jefferson Avenue in the
City of Midland; and
WHEREAS, an agreement to purchase said
property, dated May 18, 2011, was submitted by Paula A. Pretzer in the amount
of $79,900.00; and
WHEREAS, the purchaser will obtain a
mortgage, the proceeds of which are to be disbursed to the City of Midland; 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 request from the Downtown Development Authority to
host a Music on Main/Riverdays Afterglow event in the downtown area on Friday,
July 15, 2011, from 9:30 p.m. – midnight, utilizing amplified sound and 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 City Council hereby approves the request of The H
Hotel to conduct the sale of alcohol on June 20, 2011 as indicated on the LCC Application for
Temporary Authorization and the requests of Diamond Jim’s and Oscars Restaurant
to serve alcohol on July 15, 2011 as indicated on their LCC Applications for
Temporary Authorization and the City
Clerk is hereby authorized and directed to sign said applications. (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 $40,186.60 executed by the Purchasing
Agent on May 17, 2011, 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 12,600 gallons of regular #2 diesel fuel from
Hirschman Oil of Reese, Michigan for $40,055.40 executed by the Purchasing
Agent on May 19, 2011, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
a bid to provide optional services to the regular residents of Riverside Place
and Washington Woods and Supportive Living services to those enrolled residents
of Riverside Place was awarded to Heartland Home Health Care Services, LLC,
d/b/a Heartland Home Health Care on June 23, 2008, who has since successfully
met the terms of the expiring three-year agreement; and
WHEREAS,
the city’s senior living communities would like to extend the existing
agreement with Heartland Home Health Care Services, LLC, 1426 Straits Drive,
Bay City, Michigan, to provide optional services to the regular residents of
Riverside Place and Washington Woods and Supportive Living services to those
enrolled residents of Riverside Place; and
WHEREAS,
the agreement is for a three-year period beginning June 23, 2011, during which
the cost may be adjusted annually by no more than the CPI percentage for
Medical Care Services, North Central Region; and
WHEREAS,
Heartland Home Health Care Services, LLC, has agreed not to increase the
Supportive Living services base rates for this agreement running from June 23,
2011 to June 22, 2014; and
WHEREAS,
the Senior Housing residents will pay for these services on a User Fee basis;
and
WHEREAS,
the agreement has been reviewed by the City Attorney and Heartland Home Health
Care Services; now therefore
RESOLVED,
that the agreement between Heartland Home Health Care Services, LLC and the
City of Midland is hereby approved and accepted as most favorable to the City;
and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to sign the agreement
drafted and approved by the City Attorney in accord with the proposal and the
City’s specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the computerized component of the Currie West golf course irrigation system has failed and needs to be replaced with upgraded equipment; and
WHEREAS, the upgraded equipment is proprietary to the Toro irrigation system controllers that control over 800 sprinkler heads; and
WHEREAS, Spartan Distributors of Auburn Hills, Michigan is the sole provider of the Toro irrigation components; and
WHEREAS, sufficient funding is available in the Golf Course Fund capital outlay accounts; now therefore
RESOLVED, that in accord with Section 2-18 of the Code of Ordinances of the City of Midland, sealed proposals are deemed impractical due to there being a sole provider of the required irrigation computerized system components, and the proposal submitted by Spartan Distributors of Auburn Hills, Michigan in the amount of $20,435.03 is hereby accepted and a purchase order authorized. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
the Midland Cogeneration Venture has appealed the assessment of both real and
personal property for the 2010 and 2011 tax years with the Michigan Tax
Tribunal; and
WHEREAS, the appraisal firm of George E. Sansoucy, P.E., L.L.C. has been retained in assisting the
City of Midland in its defense of this matter; and
WHEREAS, on August 23, 2010 City Council
authorized payments to George E. Sansoucy, P.E.,
L.L.C. for the aforementioned services
in a total amount not to exceed $100,000; and
WHEREAS, the cost of said services is
expected to exceed $20,000 and, therefore, approval of the
WHEREAS, sufficient budgetary funding exists
within the 2010-2011 and 2011-2012 Appraisal Fees budgets for general tax
appeal cases; now therefore
RESOLVED, that the above-referenced services
are hereby determined to be professional services within the meaning of Section
2-19 of the Code of Ordinances and do not require sealed proposals; and
RESOLVED FURTHER, that authorization for
payment to the appraisal firm of George E. Sansoucy,
P.E., L.L.C. for their assistance in connection with the aforementioned appeal
is hereby authorized in an amount not to exceed $200,000. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
the Midland Cogeneration Venture has appealed the assessment of both real and
personal property for the 2010 and 2011 tax years with the Michigan Tax
Tribunal; and
WHEREAS, the law firm of Braun, Kendrick,
Finkbeiner, P.L.C. has been retained in assisting the City of Midland in its
legal defense of this matter; and
WHEREAS, on August 23, 2010 City Council
authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. for the
aforementioned services in a total amount not to exceed $200,000; and
WHEREAS, the cost of said services is
expected to exceed $20,000 and, therefore, approval by the
WHEREAS, sufficient budgetary funding exists
within the 2010-2011 and 2011-2012 Legal Fees budgets for general tax appeal
cases; now therefore
RESOLVED, that the above-referenced services
are hereby determined to be professional services within the meaning of Section
2-19 of the Code of Ordinances and do not require sealed proposals; and
RESOLVED FURTHER, that authorization for
payment to the legal firm of Braun, Kendrick, Finkbeiner, P.L.C. for their
assistance in connection with the aforementioned appeal is hereby authorized in
an amount not to exceed $300,000. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City’s landfill engineering consultant, CTI and Associates, Inc. of Wixom, routinely assists Landfill staff with general engineering support, which may include work to review special waste profiles, support with regulatory issues that arise through site and reporting reviews by the Michigan Department of Environmental Quality (MDEQ), survey work, and small design projects; and
WHEREAS, each year, funds are budgeted for general engineering support, and an administratively approved purchase order is made in the amount of $20,000.00; and
WHEREAS, this year, the addition of weekly compliance analysis for the landfill gas collection well field and required quarterly surface scans testing for gas leaks, along with the requirement for a cell survey, have resulted in the need for a purchase order increase to close out the 2010/11 fiscal year; and
WHEREAS, funding for general engineering assistance needs is budgeted in the 2010/11 Landfill accounts 517.8110.80.002 – Professional Services and 517.8110.81.004 – Testing; now therefore
RESOLVED, that an increase of $20,000.00 to the existing purchase order of $35,000.00 to CTI and Associates, Inc., bringing the total purchase order to $55,000.00, to continue providing general engineering, design, and regulatory compliance support is hereby authorized. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, on April 26, 2011, a lone bid was received for Bid No. 3328,
Pump Replacement, in accord with section 2-18 of the Midland Code of
Ordinances; and
WHEREAS, the bid by Kennedy Industries of Milford specified two ‘N’
design Flygt dry-pit submersible pumps, an
NT-3127.181, to be installed at the Moorland Pump Station, and an NZ-3202.180,
to be installed at the Wyman Pump Station, in the amount of $35,710.00; and
WHEREAS, funding has been budgeted for the purpose of pump replacement
in the 2010/11 Wastewater Fund, account #590.9010.97.002 – Capital Equipment;
now therefore
RESOLVED, that a purchase order to Kennedy Industries in the amount of
$35,710.00 for two new submersible pumps, one for the Moorland Pump Station,
and one for the Wyman Pump Station, is hereby authorized. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed bids were received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for book
ordering and book processing services for the Grace A. Dow Memorial Library in
July 2002; and
WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net
cost to the City for the purchasing and processing of books for the library;
and
WHEREAS, Brodart
Company has agreed to extend the same discounts, terms and conditions of the
current contract into fiscal year 2011/2012; now therefore
RESOLVED, that the current contract with Brodart Company for book ordering and processing services
for the Grace A. Dow Memorial Library be extended through fiscal year 2011/2012
in an amount not to exceed $210,000 and the necessary purchase order
authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman
Brooks and seconded by Councilman Adams:
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, July 18, 2011, 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
or before July 1, 2011 and to publish said notice on July 2, 2011.
ORDINANCE NO.
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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 RESIDENTIAL A-2 AND RESIDENTIAL A-4 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:
PARCEL 1:
PART OF THE SOUTH
½ OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 28, T15N-R2E, LARKIN TOWNSHIP,
MIDLAND COUNTY, MI. DESCRIBED AS; BEGINNING ON THE EAST LINE OF SAID SECTION 28
N 00 DEG 01 MIN 10 SEC W 234.0 FT. FROM THE SOUTHEAST SECTION CORNER; THENCE N
00 DEG 01 MIN 10 SEC W 425.82 FT. ALONG THE EAST SECTION LINE; THENCE S 89 DEG
49 MIN 52 SEC W 1422.6 FT.; THENCE S 00 DEG 01 MIN 10 SEC E 619.73 FT.; THENCE
ALONG A 870.0 FT. RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEG 56
MIN 37 SEC AND A CHORD BEARING AND DISTANCE OF 88 DEG 52 MIN 59 SEC E 29.51 FT.
ALONG THE NORTHERLY RIGHT OF WAY OF COMMERCE DRIVE; THENCE N 89 DEG 51 MIN 18
SEC E 930.59 FT. ALONG THE NORTH RIGHT OF WAY OF COMMERCE DRIVE; THENCE N 00
DEG 01 MIN 10 SEC W 194.0 FT.; THENCE N 89 DEG 51 MIN 18 SEC E 462.5 FT.
PARALLEL TO THE SOUTH SECTION LINE TO THE PLACE OF BEGINNING. CONTAINING 18.17 ACRES MORE OR LESS. SUBJECT TO JEFFERSON ROAD RIGHT OF WAY AND
ANY OTHER EASEMENTS OF RECORD.
PARCEL 2:
PART OF THE SOUTH
½ OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 28, T15N-R2E, LARKIN TOWNSHIP,
MIDLAND COUNTY, MI. DESCRIBED AS; BEGINNING ON THE SOUTH LINE OF SAID SECTION
28 S 89 DEG 51 MIN 18 SEC W 1653.77 FT. FROM THE SOUTHEAST SECTION CORNER;
THENCE S 89 DEG 51 MIN 18 SEC W 979.76 FT, ALONG THE SOUTH SECTION LINE; THENCE
N 00 DEG 07 MIN 12 SEC E 658.73 FT. ALONG THE NORTH AND SOUTH ¼ LINE; THENCE N
89 DEG 49 MIN 52 SEC E 1209.33 FT; THENCE S 00 DEG 01 MIN 10 SEC E 619.73 FT.;
THENCE ALONG A 870.0 FT. RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15
DEG 29 MIN 53 SEC AND A CHORD BEARING AND DISTANCE OF S 80 DEG 09 MIN 44 SEC W
234.61 FT. ALONG THE NORTHERLY RIGHT OF WAY OF COMMERCE DRIVE TO THE PLACE OF
BEGINNING. CONTAINING 18.17 ACRES MORE
OR LESS. SUBJECT TO ANY EASEMENTS OF
RECORD.
Be, and the same
is hereby changed to Parcel 1 – Residential A-2 and Parcel – 2 – Residential
A-4.
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 Brooks and seconded by Councilman Adams:
RESOLVED,
that in accordance with Section 11.6 of the Charter of the City of Midland, a
public hearing shall be conducted at 7:00 p.m., Monday, June 27, 2011, in the
Council Chambers of City Hall on the proposal to amend the 2011-12 Currie
Municipal Golf Course Fund budget to increase capital expenditures by $681,666
to fund building and course modifications to the Currie Golf Complex, and
equipment purchases for the maintenance thereof. (Motion ADOPTED.)
Being no further business the meeting
adjourned at 7:55 p.m.
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Selina
Tisdale, City