January 30, 2012

 

A regular meeting of the City Council was held on Monday, January 30, 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, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the January 9, 2012 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brown.  (Motion ADOPTED.)

 

2011-12 GENERAL FUND BUDGET AMENDMENT - K-9 UNIT & HONOR GUARD TEAM

Midland Police Department Lieutenant Steve Elmer presented an amendment to the 2011-12 General Fund budget to recognize an additional $58,900 of revenue from various corporate and local foundation grants and increase expenditures of the Midland Police Department budget by the same to fund for the training and equipment associated with the establishment of the Midland Police Department Narcotics K-9 Unit and Honor Guard Team.  A public hearing opened at 7:22 p.m., recognizing no public comments, the hearing closed at 7:22 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, in accord with section 11.6 of the Charter of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, January 30, 2012 on the proposal to amend the FY 2011-2012 General Fund budget to recognize $58,990 of additional revenues consisting of grants 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; 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; now therefore

RESOLVED, that the FY 2011-2012 General Fund budget is amended to increase revenue and expenditures by $58,990 to recognize the additional aforementioned revenue and provide budgetary authorization to expend such funds for equipment and training associated with the establishment of the Midland Police Department Narcotics K-9 Unit and the Midland Police Department Honor Guard Team.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Eugene Moore, 5600 Woodview Pass, spoke in opposition to the proposed roundabout at the Patrick Road/BR-10 crossover.

 

GENERAL RECREATION FEES ORDINANCE AMENDMENT

Director of Public Services Karen Murphy presented information on an ordinance amending fees for recreation offerings by amending Section 21-73 of Div. 4 of Article II of Chapter 21 – General Recreation Fees.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski :

 

ORDINANCE NO. 1724

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

$  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)

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.  (Ordinance ADOPTED.)

 

COMPREHENSIVE ANNUAL FINANCIAL REPORT AND SINGLE AUDIT REPORT

Fiscal Services Director David Keenan introduced David Youngstrom, CPA/Principle, Yeo and Yeo, who presented the Comprehensive Annual Financial Report and Single Audit Report for the year ended June 30, 2011.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2011 is hereby received and ordered filed for public examination.  (Motion ADOPTED.)

 

2012 CITY COUNCIL PLANNING RETREAT REPORT

City Manager Jon Lynch presented a staff report regarding the outcome of the 2012 City Council Planning retreat.   Eugene Moore, 5600 Woodview Pass, spoke regarding tax abatement incentives.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, on January 28, 2012 the City Council conducted a planning retreat for the purpose of discussing current and future financial concerns; and

WHEREAS, at the conclusion of that session Council expressed their expectations regarding the basic approach to be taken in developing the Fiscal Year 2012-2013 budget; and

WHEREAS, during the City Council meeting of January 30, 2012, the City Council reviewed and affirmed those expectations embodied in a report of that date titled: City Council Budget Objectives for FY 12-13; now therefore

RESOLVED, that the report City Council Budget Objectives for FY 12-13 is hereby received.  (Motion ADOPTED.)

 

PINEHAVEN ESTATES FINAL PLAT

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

 

WHEREAS, the Final Plat of Pinehaven Estates 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 Pinehaven Estates, in accordance with Section 23-19 of the Code of Ordinances of the City of Midland; 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.)

 

ANNEXATION OF 7730 W. WACKERLY ROAD – ASSOC. BUILDERS & CONTRACTORS

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

PARCEL 1:

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, T15N, R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 330 FEET ON THE SOUTH SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 1,320 FEET; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET ON THE NORTH-SOUTH ¼ LINE; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF SAID SECTION; THENCE NORTH 530 FEET; THENCE WEST 330 FEET; THENCE SOUTH 530 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING.

PARCEL 2:

A PARCEL OF LAND LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, T15N R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 150 FEET ON THE SOUTH SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 530 FEET; THENCE EAST 300 FEET; THENCE SOUTH 530 FEET; THENCE WEST 300 FEET ALONG THE SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Lincoln by the property owners who hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Lincoln; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

2012-13 CONSTRUCTION PRIORITIES REPORT

City Engineer Brian McManus presented the 2012-13 Construction Priorities Report.  Eugene Moore, 5600 Woodview Pass, spoke regarding the sanitary sewer capacity.  The following resolution was offered by Councilman Brown and seconded by Councilman Wazbinski:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2012-2013 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 2012-2013 and directs the City Administration to include funding requests for the proposed projects in the 2012-2013 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.)

 

TRAFFIC CONTROL ORDER S-11-08

City Engineer Brian McManus presented Traffic Control Order S-11-08 – traffic on Clover Street shall stop for Linden Street.  Eugene Moore, 5600 Woodview Pass, inquired about cutting down the obstruction tree.  Speaking in opposition to the stop sign were:  Dan Arriola, 4608 Arbor Drive; Louis Webster, 4609 Arbor Drive and Dale Schubert, 2001 Terra Drive.  A petition with signatures in opposition to the stop sign was submitted.  Petitioner Todd Barcey, 2054 N. Eastman Avenue, spoke in favor of the stop sign.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

RESOLVED, that Traffic Control Order No. S-11-08 filed November 14, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That traffic on Clover Street shall stop for Linden Street. 

is hereby extended for 90 days.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-11-09

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

 

RESOLVED, that Traffic Control Order No. S-11-09 filed November 10, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic on the westerly leg of Ashman Circle bordered by N. Saginaw Road and Ashman Street shall stop for N. Saginaw Road.  

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-11-03

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

 

RESOLVED, that Traffic Control Order No. P-11-03 filed November 15, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That there shall be no parking on both sides of Sturgeon Avenue from the intersection of N. Saginaw northward for a distance of 270 feet.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-11-04

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

 

RESOLVED, that Traffic Control Order No. R-11-04 filed November 16, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on W. Main Street shall be 30 mph from Orchard to 290’ west of Orchard.

 is hereby made permanent.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,795 gallons of Winter Blend diesel fuel from Karbowski Oil of Bay City, Michigan for $37,999.87 executed by the Purchasing Agent on January 5, 2012, is hereby approved.  (Motion ADOPTED.)

 

ANNUAL BITUMINOUS MATERIAL PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in the Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Pyramid Paving & Contracting Co. of Bay City, Michigan for furnishing and loading onto City trucks approximately 800 tons of Bituminous Mixture #2 for hot mix patching at a cost of $51.20 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

ANNUAL CONCRETE PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Elmers Crane and Dozer, Inc. of Traverse City, Michigan for furnishing concrete and related materials at the unit prices contained in their January 17, 2012 response to our Bid No. 3394 in accord with the proposal and the City specifications.  (Motion ADOPTED.)

 

ANNUAL CRUSHED LIMESTONE PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing 22A Crushed Limestone; and

WHEREAS, funds have been provided in the General Fund and Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Bunting Sand & Gravel Products, Inc. of West Branch, Michigan for delivering approximately 2,500 tons of 22A Crushed Limestone at a cost of $11.75 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

PO INCREASE – YEO & YEO PC, CPAs – AUDIT SERVICES

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

 

WHEREAS, the City of Midland contracted with Yeo & Yeo PC, CPAs to conduct its annual financial and compliance audit for the year ended June 30, 2011; and

WHEREAS, the fixed asset conversion occurred during the fiscal year that caused Yeo & Yeo PC, CPAs to spend additional time on audit procedures in order to complete the City of Midland’s June 30, 2011 annual financial and compliance audits; and

WHEREAS, the total year-end auditing and accounting costs of $45,430 exceed authorization previously provided by City Council by $1,470 and, therefore, require additional City Council approval; and

WHEREAS, there is sufficient funding in the Finance Department’s 2011-12 budget to pay the additional charges; now therefore

RESOLVED, that purchase order number 2012-00001993 to Yeo & Yeo PC, CPAs, for payment of year-end auditing services is increased to $45,430 to provide funding for additional costs incurred in connection with 2011 fiscal year.  (Motion ADOPTED.)

 

PO INCREASE – CTI & ASSOCIATES – LANDFILL ENGINEERING

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

 

WHEREAS, the City’s landfill engineering consultant, CTI and Associates, Inc. (CTI) of Wixom, routinely assists Landfill staff with general engineering support, which includes 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 to CTI in the amount of $20,000.00; and

WHEREAS, due to the addition of the gas collection system at the Landfill, regulatory requirements have expanded significantly this year resulting in increased operating overhead; and

WHEREAS, funding for general engineering assistance is budgeted in the 2011/12 Landfill accounts 517.8110.80.002 – Professional Services and 517.8110.81.004 – Testing; now therefore

RESOLVED, that an increase of $64,000.00 to the existing purchase order of $20,000.00 to CTI and Associates, Inc., bringing the total purchase order to $84,000.00, to continue providing general engineering, design, and regulatory compliance support is hereby authorized.  (Motion ADOPTED.)

 

PO INCREASE – CTI & ASSOCIATES – GAS-TO-ENERGY PROJECT ENGINEERING

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

 

WHEREAS, the City Gas-To-Energy (GTE) System has been in operation since spring 2011, and has been extensively monitored and fine-tuned to bring the system to an efficient level; and

WHEREAS, the December billing period (32 days) resulted in the highest production month to date at 825,196 kWh, with approximately three days of total downtime, which translated to $61,000.00 being billed to Dow Chemical for the sale of the energy; and

WHEREAS, much of the GTE System downtime since beginning operations has been due to issues relating to the landfill gas preparation stage at the Compressor Facility, located at the City’s Landfill; and

WHEREAS, at each phase of the GTE project, the City has been supported by its engineering consultant, CTI & Associates, including support throughout the extended GTE break-in period; and

WHEREAS, there remain several important requirements needing engineering support to finalize the GTE project, 1) continued reporting requirements for the $10,000,000.00 State Revolving Fund Loan, 2) preparation and attendance for the project audit with Michigan Department of Environmental Quality; 3) one-time generator engines emissions testing, as required by the State of Michigan for the City’s air emissions permit; and

WHEREAS, an increase of $26,000.00 to the existing purchase order with CTI to finalize the multi-year GTE project is necessary; and

WHEREAS, funds are available in projects RE1001–Compressor Facility and RE1003–Generator Facility; now therefore

RESOLVED, that an increase of $26,000.00 to the existing purchase order of $873,563.00 to CTI & Associates, is hereby approved, bringing the total purchase order to $899,563.00 to provide extended engineering support for the Gas-To-Energy Project, including support for the regulatory audit to close the State Revolving Fund loan, and for a one-time engines emission testing for both GTE generator engines.  (Motion ADOPTED.)

 

PAYMENT FOR CONTRACTED LEGAL SERVICES – TARGET CORP TAX APPEAL

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

 

WHEREAS, the Target Corporation has appealed the assessment of real property for the 2009, 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 appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and, therefore, approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2011-2012 Legal Fees budget 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 $65,000.  (Motion ADOPTED.)

 

PROPOSED ZONING ORDINANCE REVISIONS

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, December 13, 2011 for consideration of revisions of Zoning Ordinance No. 1585; and

WHEREAS, a copy of the Zoning Ordinance revisions may be reviewed at the Planning Department, City Hall, 333 West Ellsworth Street; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 20, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the revised Zoning Ordinance; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on February 4, 2012.

ORDINANCE NO. ______

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.

The City of Midland Ordains:

Section 1.  That the Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to read as follows.

                                                (see attached)

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.)

 

ZONING PETITION NO. 577

City Contract Planner Cindy Winland presented information on Zoning Petition No. 577 – rezoning property located at 4515, 4517 and 4521 Dublin Avenue and 5501 North Saginaw Road from Industrial A to Residential A-1 zoning and property at 4411, 4415 and 4505 Dublin Avenue from Limited Commercial, Manufacturing and Research to Residential A-1 zoning.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, January 10, 2012 for property located at 4515, 4517 and 4521 Dublin Avenue and 5501 North Saginaw Road from Industrial A zoning to Residential A-1 zoning and property at 4411, 4415 and 4505 Dublin Avenue from Limited Commercial Manufacturing and Research to Residential A-1 zoning for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 20, 2012, 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 February 3, 2012 and to publish said notice on February 4, 2012.

ORDINANCE NO. ______

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-1 ZONING WHERE AN INDUSTRIAL A AND LIMITED COMMERCIAL MANUFACTURING AND RESEARCH  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:

         4517 Dublin Avenue – Parcel A

THE NORTH 35 RODS OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N R1E, LYING SOUTH OF THE C & O RAILROAD RIGHT OF WAY, EXCEPT COMMENCING AT A POINT 50 FEET SOUTH OF THE INTERSECTION OF THE EAST SECTION LINE OF SAID SECTION 12 WITH THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF THE FLINT AND PERE MARQUETTE RAILROAD, THENCE NORTHWESTERLY PARALLEL WITH SAID RAILROAD 15 RODS; THENCE SOUTH TO A POINT 35 RODS SOUTH OF THE NORTH LINE OF SAID SECTION 12; THENCE EAST TO THE EAST LINE OF SAID SECTION; THENCE NORTH ON SAID EAST SECTION LINE TO THE PLACE OF BEGINNING.  EXCEPT A PARCEL OF LAND IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N, R1E, DESCRIBED AS:  BEGINNING SOUTH 575.59 FEET ALONG THE EAST SECTION LINE, AND NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST 247.50 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST 162.00 FEET; THENCE SOUTH 06 DEGREES 07 MINUTES 57 SECONDS WEST 241.53 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS EAST 162.00 FEET; THENCE NORTH 151.91 FEET PARALLEL WITH THE EAST SECTION LINE TO THE PLACE OF BEGINNING. EXCEPT PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N, R1E, CITY OF MIDLAND, MIDLAND COUNTY, STATE OF MICHIGAN, DESCRIBED AS:  BEGINNING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EAST SECTION LINE, 559.65 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID EAST SECTION LINE, 15.94 FEET TO A POINT LYING 50 FEET SOUTH OF THE SOUTHERLY RIGHT-OF-WAY OF THE PERE MARQUETTE RAIL TRAIL AS MONUMENTED; THENCE NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST, PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE, 247.50 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, PARALLEL TO SAID EAST SECTION LINE, 10.85 FEET; THENCE SOUTH 58 DEGREES 13 MINUTES 6 SECONDS EAST, 244.78 FEET BACK TO THE PLACE OF BEGINNING. 

         4521 Dublin Avenue – Parcel B

A PARCEL OF LAND IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N, R1E, DESCRIBED AS:  BEGINNING SOUTH 575.59 FEET ALONG THE EAST SECTION LINE, AND NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST 247.50 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST 162.00 FEET; THENCE SOUTH 06 DEGREES 07 MINUTES 57 SECONDS WEST, 241.53 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS EAST 162.00 FEET; THENCE NORTH 151.91 FEET PARALLEL WITH THE EAST SECTION LINE TO THE PLACE OF BEGINNING. 

         4515 Dublin Avenue – Parcel C

PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N R1E, CITY OF MIDLAND, MIDLAND COUNTY, STATE OF MICHIGAN, DESCRIBED AS:  BEGINNING S 00 DEGREES 00 MINUTES 00 SECONDS W, ALONG THE EAST SECTION LINE, 559.65 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE CONTINUING S 00 DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID EAST SECTION LINE, 15.94 FEET TO A POINT LYING 50 FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF THE PERE MARQUETTE RAIL TRAIL AS MONUMENTED; THENCE N 57 DEGREES 13 MINUTES 00 SECONDS W, PARALLEL TO SAID SOUTHERLY RIGHT OF WAY LINE, 247.50 FEET; THENCE N 00 DEGREES 00 MINUTES 00 SECONDS E, PARALLEL TO SAID EAST SECTION LINE, 10.85 FEET; THENCE S 58 DEGREES 13 MINUTES 06 SECONDS E, 244.78 FEET BACK TO THE PLACE OF BEGINNING. 

COMMENCING AT A POINT 50 FEET SOUTH OF THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 12, T14N R1E, WITH THE SOUTHWESTERLY LINE OF THE RIGHT-OF-WAY OF THE FLINT AND PERE MARQUETTE RAILROAD, RUNNING THENCE NORTHWESTERLY PARALLEL WITH SAID RAILROAD 15 RODS, THENCE SOUTH TO A POINT 35 RODS SOUTH OF THE NORTH LINE OF SAID SECTION 12, THENCE EAST TO THE EAST LINE OF SAID SECTION; THENCE NORTH ON SAID EAST SECTION LINE TO THE POINT OF BEGINNING. 

         4505 Dublin Avenue – Parcel D

ALL THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 NORTH, RANGE 1 EAST, DESCRIBED AS COMMENCING AT A POINT 32 RODS WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND RUNNING THENCE NORTH 25 RODS; THENCE EAST 32 RODS TO THE EAST LINE OF SAID SECTION; THENCE NORTH ALONG SAID EAST LINE 20 RODS; THENCE WEST 80 RODS; THENCE SOUTH 45 RODS TO THE NORTH 1/8 LINE OF SAID SECTION; AND THENCE EAST ALONG SAID 1/8 LINE OF SAID SECTION 48 FODS TO THE PLACE OF BEGINNING; TOGETHER WITH, AND SUBJECT TO, HOWEVER, ALL SUCH APPLICABLE CONDITIONS, COVENANTS, EASEMENTS, AND RESTRICTIONS, IF ANY, AS RESPECTIVELY ARE OF RECORD; AND SUBJECT, MOREOVER, AND FINALLY TO THE EXCEPTION AND THE RESERVATION THEREFROM UNTO THE STATE OF MICHIGAN OF CERTAIN RIGHTS THEREIN DESCRIBED BY OPERATION OF THE MICHIGAN DEPARTMENT OF CONSERVATION MARCH 25, 1935 HOMESTEAD TAX DEED, OF RECORD IN MIDLAND COUNTY (MICHIGAN) REGISTRY DEED LIBR 114 ON PAGE 230; (SAID PARCEL CONTAINING 17.5 ACRES, MORE OR LESS). 

         4415 Dublin Avenue – Parcel E

BEG 330 FT N OF SE COR OF NE ¼ OF NE ¼ TH N 82.5 FT W 528 FT S 82.5 FT E 528 FT TO POB SEC 12 T14N R1E 

         4411 Dublin Avenue – Parcel F

BEG 165 FT N OF SE COR OF NE ¼ OF NE ¼ TH N 165 FT W 528 FT S 165 FT E 528 FT TO POB SEC 12 T14N R1E

         5501 North Saginaw Road – Parcel G

         SE ¼ OF SE ¼ LYING S OF PM RR SEC 1 T14N R1E

Be, and the same is hereby changed to Residential A-1. 

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.)

 

PROPOSED 2011-12 CIVIC ARENA FUND BUDGET AMENDMENT

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

 

RESOLVED, 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, February 13, 2012, in the Council Chambers of City Hall on the proposal to amend the Civic Arena Fund budget to recognize $76,200 of unanticipated revenue in the form of a refund from the Equipment Revolving Fund, and to increase capital expenditures to allow these funds to be used towards the purchase of a new Zamboni.  (Motion ADOPTED.)

 

DOW AGROSCIENCES, LLC – IFT APPLICATION

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

 

RESOLVED, that an application dated January 20, 2012, was received Tuesday January 24, 2012, from Dow AgroSciences, LLC, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property to utilize buildings 948, 941 and 489 at Michigan Operations for the production of two 4-D agricultural herbicide products.  The project, named NexD will retrofit and install all necessary process instrumentation, piping, pumps and equipment for expanded production calls and to extend the life of the facilities.  Project NexD, calling for the spending of  $12,096,000 of real property and $94,938,000 of personal property, totaling $107,034,000, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, February 13, 2012, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

DOW AGROSCIENCES, LLC – IFT APPLICATION

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

 

RESOLVED, that an application dated January 20, 2012, was received Tuesday January 24, 2012, from Dow AgroSciences, LLC, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property to retrofit Building 1 at Michigan Operations for the production of a new agricultural herbicide molecule.  The project, named FLASH, will retrofit and install all necessary process instrumentation, piping, pumps and equipment for production as well as a warehouse expansion for additional storage capacity. Project FLASH, calling for the spending of $4,045,000 of real property and $20,955,000 personal property, totaling $25,000,000, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, February 13, 2012, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

ADVANCED ELECTROLYTE TECHNOLOGIES (USA) LLC – IFT APPLICATION

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

 

RESOLVED, that an application dated January 20, 2012, was received Tuesday January 24, 2012, from Advanced Electrolyte Technologies (USA) LLC,  with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new real and personal property to modify Building 1353 and construct Building 1353A at Michigan Operations for the production of formulated electrolytes.  The project, named Loons, will design, purchase and install all necessary process instrumentation, piping, pumps, and equipment for production of electrolytes. Project Loons, calling for the spending of $4,718,180 of real property and $20,630,820 personal property, totaling $25,349,000, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, February 13, 2012, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

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

 

 

______________________________________

            Selina Tisdale, City Clerk