January 9, 2012

 

A regular meeting of the City Council was held on Monday, January 9, 2012, 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, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

J. Dee Brooks

 

MINUTES

Approval of the minutes of the December 19, 2011 special and regular meetings was offered by Councilman Adams and seconded by Councilman Brown.  (Motion ADOPTED.)

 

ZONING PETITION NO. 576

City Contract Planner Cindy Winland presented information on Zoning Petition No. 576 – rezoning property located at 4671 S. Saginaw Road from Residential A-1 to Regional Commercial zoning.  A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

ORDINANCE NO. 1723

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 REGIONAL COMMERCIAL ZONING WHERE A RESIDENTIAL A-1 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:

Part of the Northwest Fractional 1/4 of Section 1, T13N-R02E, City of Midland, Midland County, MI. Being further described as:

Commencing at the intersection of the centerlines of Midland Road and Bailey Bridge Road as previously surveyed and monumented; thence N39°34'26"E, along the centerline of Bailey Bridge Road, 50.33', to the Northerly Right-of-Way of Midland Road, said Right-of-Way being 50' from centerline; thence S57°02'04"E, along said Right-of-Way, 165.50' to the Point of Beginning; Thence N39°34'26"E, parallel with the centerline of Bailey Bridge Road, 131.17'; thence S57°02'04"E, parallel with the centerline of Midland Road, 137.50'; thence N39°34'26"E, parallel with the centerline of Bailey Bridge Road, 29.72'; thence S57°02'04"E, parallel with the centerline of Midland Road, 146.00'; thence S39°34'26"W, parallel with the centerline of Bailey Bridge Road, 160.89', to the Northerly Right-of-Way of Midland Road; thence N57°02'04"W, along said Northerly Right-of-Way, 283.50' to the Point of Beginning.  Containing 0.947 acres, more or less, and is subject to any and all easements and/or rights of way whether used, implied or of record.

 Be, and the same is hereby changed to Regional 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.)

 

PUBLIC COMMENTS

No public comments were made.

 

GENERAL RECREATION FEES AMENDMENT (1ST reading)

Director of Public Services Karen Murphy presented an ordinance amending Section 21-73 of Division 4 of Article II of Chapter 21 – General Recreation Fees.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski: 

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of  Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

 (1)

Adult softball player

$   25.00

 

per player

(2)

Adult softball player (2nd team)

$   25.00

 

per player

(3)

Adult softball player - Fall League

$   15.00

 

per player

(4)

Each softball team in individual tournaments

$   25.00

 

per team

(5)

Youth softball player

$     6.00

 

per player

(6)

Rugby club

$ 450.00

 

per club

(7)

Beach volleyball

 

 

 

 

Player fee

$    8.00

      $   10.00

per player

 

2 & 4 player RECREATION league sponsor fee

$  30.00

 

per team

 

6 player RECREATION league sponsor fee

$  60.00

 

per team

 

2 & 4 player COMPETITIVE  

league sponsor fee

 

     $    45.00

PER TEAM

 

6 player COMPETITIVE  

league sponsor fee

 

     $    75.00

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

(22)

Speaker system deposit

$  50.00

 

per system

       (23)        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: STAGE RENTAL IS INTENDED FOR COMMUNITY EVENTS HELD WITHIN THE CITY LIMITS OR MIDLAND COUNTY ONLY.  STAGE RENTAL FEES ARE NON-                   REFUNDABLE.

****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.)

 

“THE QUALIFIER” MARATHON EVENT

City Engineer Brian McManus presented information on a request to conduct “The Qualifier” Marathon event on Sunday, May 20, 2012, starting at the Loons Stadium utilizing the public right-of-way.  Qualifier Race Director Ann Gasta and Jeff Phegley, Crim Fitness Foundation, spoke regarding the event.  Bill Sant, 900 Deerfield Court, inquired about a half-marathon option.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

RESOLVED, that the request from Ann Gasta, Race Director, seeking permission to conduct “The Qualifier” Marathon event on Sunday, May 20, 2012, starting at the Loons Stadium, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than 30 days prior to the event.
  • Traffic Control:

        The Midland Police Department will provide traffic control as requested.  The organizer must provide volunteers at intersections not covered by the Police Department.

        Public Services will have certain barricades available (bar & jacks, barrels).  These barricades will be used for another event the previous day.  Contact Karen Murphy, Director of Public Services, at 837-6909 to set up a meeting to discuss delivery of the barricades from the Midland Community Center’s Dow Run/Walk site. 

        The organizer must provide traffic cones as needed.

        The organizer must provide the complete set-up for the double lane closure at the start of the race as indicated on the map.

        Organizers must have someone in charge of moving the barricades for emergency access if required.  The Fire Department will use alternate routes for emergency responses when possible.

        Organizer must remove traffic control at the conclusion of the event.

  • Community Special Event sign procedures must be followed.  Contact Brian McManus, City Engineer, at 837-3353, with any questions regarding placement of the signs.  The signs shall be placed outside of required clear vision corners and should not obstruct the vision of motorists.  Signs shall be removed at the conclusion of the event.
  • City will review need for cost recovery for City expenses if event requires unique or non-standard efforts on City’s part.

; and

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

 

TRAFFIC CONTROL ORDER S-11-07

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

 

RESOLVED, that Traffic Control Order No. S-11-07 filed October 26, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic on Plumer Street shall yield to Austin Street

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER D-11-05

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

 

RESOLVED, that Traffic Control Order No. D-11-05 filed November 2, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the intersection of N. Saginaw Road and Northwood Drive shall be controlled by traffic signal operation with operational time frames as determined by common engineering practice and judgment. Further, that the previous Traffic Control Orders for stop control measures at this intersection be rescinded

is hereby made permanent.  (Motion ADOPTED.)


 

TRAFFIC CONTROL R-11-03

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

 

RESOLVED, that Traffic Control Order No. R-11-03 filed November 7, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Austin Street shall be converted from one-way traffic to two-way traffic from Saginaw Road to Plumer Street and that Austin Street shall be closed from Plumer Street to Bay City Road

is hereby made permanent.  (Motion ADOPTED.)

 

STYRON, LLC – IFT CERTIFICATE REVISION

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

 

WHEREAS, pursuant to Rule 54(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more than 10% of the estimated amount on the application, a certificate holder shall request that the local governmental unit approve the revised cost; and

WHEREAS, Styron, LLC was approved by City Council on October 10, 2011 for an Industrial Facilities Tax Exemption which had a personal property component of $1,130,000; and

WHEREAS, Styron, LLC now knows the final cost of this project and final project cost exceeds 10% of the original estimate; and

WHEREAS, Styron, LLC has requested the City Council to approve a change in the personal property component of the Industrial Facilities Tax Exemption; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of this change to 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 under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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 the City Council of the City of Midland does hereby approve the request by Styron, LLC to increase the personal property component of Industrial Facilities Tax Exemption from $1,130,000 to $1,535,000; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a revised certificate to Styron, LLC based on the revised personal property cost.  (Motion ADOPTED.)

 

BOARD OF REVIEW – COONS REAPPOINTMENT

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

 

RESOLVED, that Carl Coons is hereby reappointed to the Board of Review for a term expiring April 30, 2015.  (Motion ADOPTED.)

 


UNLEADED FUEL PURCHASE

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

 

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 $32,990.80 executed by the Purchasing Agent on December 15, 2011, is hereby approved.  (Motion ADOPTED.)

 

WHEEL LOADER END-OF-LEASE BUYOUT - LANDFILL

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

 

WHEREAS, in 2008 City Council approved a three-year lease of a John Deere 644K wheel loader for use at the City of Midland Landfill, at a total cost of $156,278.91; and

WHEREAS, the loader has been a reliable machine during the lease, and is used daily for a wide variety of projects including the compost operation, waste disposal cell operation, ditch maintenance, contaminated soil handling, landfill gas collection pipe installations and repairs, and for loading trucks with various materials; and

WHEREAS, the lease contract, which is due to expire in January 2012, provides the Landfill the option to purchase the unit at a cost of $94,200.00; and

WHEREAS, the unit has just over 5,500 hours of run-time, is in good condition, and its value is greater than the buyout cost; and

WHEREAS, the unit should continue to reliably serve the Landfill’s purposes for several years with proper maintenance for routine use and wear; and

WHEREAS, funding has been budgeted for this purpose in the 2011/12 Landfill Fund account number 517.9120.97.025 – Capital Equipment; now therefore

RESOLVED, that sealed proposals are hereby waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and authorization is given for a purchase order to John Deere Credit of Johnston, Iowa in the amount of $94,200.00, to exercise the lease buyout option on the John Deere 644K wheel loader.  (Motion ADOPTED.)

 

PROPOSED 2011-12 GENERAL FUND BUDGET AMENDMENT

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

 

WHEREAS, the City has received donations in the amounts of $20,000 from the Midland Area Community Foundation, $15,000 from the Dow Chemical Foundation, $11,990 from the Rollin M. Gerstacker Foundation, $10,000 from the Herbert H. and Grace A. Dow Foundation, and $2,000 from the Wal-Mart Foundation to be used to fund training and equipment expenses associated with establishing the Midland Police Department Narcotics K-9 Unit and the Midland Police Department Honor Guard Team; and

WHEREAS, in order to spend these funds for the purpose intended, it is necessary to amend the 2011-12 General Fund budget; now therefore

RESOLVED, that the City Council of the City of Midland accept these generous gifts of $20,000 from the Midland Area Community Foundation, $15,000 from the Dow Chemical Foundation, $11,990 from the Rollin M. Gerstacker Foundation, $10,000 from the Herbert H. and Grace A. Dow Foundation, and $2,000 from the Wal-Mart Foundation; and

RESOLVED FURTHER, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. Monday, January 30, 2012 in the Council Chambers of City Hall on the proposal to amend the FY 2011-12 General Fund budget to recognize an additional $58,990 of revenue from these foundation grants, as well as an increase in expenditures of the Midland Police Department budget of $58,990 to fund for the training and equipment associated with the establishment of the Midland Police Department Narcotics K-9 Unit and the Midland Police Department Honor Guard Team; and

RESOLVED FURTHER, that the City Clerk is hereby directed to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk