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 |
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.)
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.)
No public comments were made.
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. _______
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 |
|
$ 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 |
|
|
|
$
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) |
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
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.)
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:
○
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.
; and
RESOLVED FURTHER,
that the
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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