December 16, 2013

 

A regular meeting of the City Council was held on Monday, December 16, 2013, 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 Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

J. Dee Brooks

 

MINUTES

Approval of the minutes of the December 9, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

MIDLAND DTH, LLC BROWNFIELD REDEVELOPMENT PLAN

Assistant City Manager for Financial Services David Keenan presented information regarding a Brownfield Redevelopment Plan for Downtown Midland DTH, LLC.  A public hearing opened at 7:25 p.m.  Carol Miller, Vice President of Global Business Development for Midland Tomorrow, spoke in support of the project.  The public hearing closed at 7:26 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a Brownfield plan (the “Plan”) described as the Downtown Midland Redevelopment Project Brownfield Plan pursuant to and in accordance with Section 13 of the Act; and

WHEREAS, the City Council has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation, provided notice, by direct mailing, to the taxing jurisdictions that levy taxes subject to capture under this plan, and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.            The Plan constitutes a public purpose under the Act;

B.            The Plan meets all of the requirements for a Brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and

RESOLVED FURTHER, that the Brownfield Reimbursement Agreement between Midland DTH, LLC and the City of Midland Brownfield Redevelopment Financing Authority shall be executed.  (Motion ADOPTED.)

 

ZONING PETITION NO. 588

City Manager Jon Lynch presented information on Zoning Petition No. 588 to amend the City of Midland zoning map by rezoning property located at 323 Sauve Street from Regional Commercial zoning to Industrial A zoning.  A public hearing opened at 7:35 p.m.  Kristin Riddle, Three Rivers Corporation representing Tarbert Properties LLC, spoke regarding the project.   Carol Miller, Vice President of Global Business Development for Midland Tomorrow, spoke in support of the project.   The public hearing closed at 7:40 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1754

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 AN INDUSTRIAL A ZONING DISTRICT WHERE A REGIONAL COMMERCIAL 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:

BEG 47 RD S & 710 FT E OF NW COR OF NW ¼ OF SW ¼ OF SEC 23.  TH W 20 RD, S 8 RD E 20RD, E 20 RD, N 8 RD TO POB.

Be, and the same is hereby changed to Industrial A.  

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.)

 

SAVANT INCORPORATED – IFT APPLICATION

City Assessor Reid Duford presented a request from Savant Incorporated for an Industrial Facilities Tax Exemption Certificate within the Expanded Gerace Industrial Development District No. 1.   A public hearing opened at 7:45 p.m.  Greg Miller, Executive Director of Savant Group, spoke regarding the request.  Carol Miller, Vice President of Global Business Development for Midland Tomorrow, spoke in support of the project.  The public hearing closed at 7:55 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

WHEREAS, The Expanded Gerace Industrial Development District No. 1 was established by resolution of the Midland City Council on January 1, 1987; and         

WHEREAS, Savant Incorporated made an application dated October 23, 2013, which was received by the City Clerk on October 23, 2013 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 $3,000,000 which is for new real and personal property with the same being located within the Expanded Gerace Industrial Development District No. 1 to construct an 11,240 square foot addition and to renovate and modernize the existing manufacturing process located at 4800 James Savage Road, Midland, Michigan, 48642. The project is expected to retain 57 existing jobs and create five within two years of completion; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on December 16, 2013, 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; 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 the industrial facilities exemption certificate requested by Savant Incorporated 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 said application for an Industrial Facilities Exemption certificate from Savant Incorporated for a new facility approval within the Expanded Gerace Industrial Development District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2026; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Savant Incorporated pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

TRAFFIC CONTROL ORDER NO.  P-13-02

City Engineer Brian McManus presented information on Traffic Control Order P-13-02.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that Traffic Control Order No. P-13-02 filed October 15, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited from 7:30 a.m. until 4:30 p.m. Monday thru Friday on the west side of Friar Lane from 150’ south of Heathermoor Drive to Hollybrook and on the north side of Hollybrook Drive from Friar Lane to 150’ west.

is hereby made permanent.  (Motion ADOPTED.)

 

GIFTS FOR INFRASTRUCTURE IMPROVEMENTS

Assistant City Manager for Financial Services David Keenan presented information on infrastructure improvements and the acceptance of gifts from The Herbert H. and Grace A. Dow Foundation, the Rollin M. Gerstacker Foundation and the Charles J. Strosacker Foundation totaling $3,666,000.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm: 

 

WHEREAS, the City has been awarded grants in the amount of $3,016,000 from The Herbert H. and Grace A. Dow Foundation, $500,000 from the Rollin M. Gerstacker Foundation, and $150,000 from the Charles J. Strosacker Foundation to be used to fund numerous infrastructure improvements throughout the City; now therefore

RESOLVED, that the City Council of the City of Midland graciously accepts the aforementioned grants, totaling $3,666,000.  (Motion ADOPTED.)

 

PROPOSED BUDGET AMENDMENTS – INFRASTRUCTURE IMPROVEMENTS

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

 

WHEREAS, the City has been awarded grants in the amount of $3,016,000 from The Herbert H. and Grace A. Dow Foundation, $500,000 from the Rollin M. Gerstacker Foundation, and $150,000 from the Charles J. Strosacker Foundation to be used to fund numerous infrastructure improvements throughout the City; and

WHEREAS, the 2013-14 Major Street Fund, General Fund, Municipal Service Center Fund, Washington Woods Fund, and Riverside Place Fund budgets do not currently include this funding, nor the related expenditures, and in order to spend these awards for the purposes intended, it is necessary to amend these  2013-14 budgets; now therefore

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, January 13, 2014 in the Council Chambers of City Hall on the proposal to increase revenues and expenditures within 2013-14 City budgets as follows:  Major Street Fund by $1,250,000, General Fund by $756,000, Municipal Service Center Fund by $530,000, Washington Woods Fund by $332,000, and Riverside Place Fund by $143,000; 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.)

 

CCA – DEMING RESIGNATION

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

 

RESOLVED, that the resignation of Jerry Deming as a member of the Center City Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Deming for his service on this important Board.  (Motion ADOPTED.)

 

CURRIE GOLF COURSE – MANAGEMENT SERVICES AGREEMENT

Assistant City Manager for Financial Services David Keenan presented information on the Billy Casper Golf Agreement for complete management services of Currie Golf Course.  Mike Cutler, Senior Vice President for Billy Casper Golf, presented the proposed agreement.  Andrew S. Arbury, community member, spoke in favor of Currie Municipal Golf Course and the proposal as it was presented.   The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City owns the Currie Municipal Golf Course (Currie) and operates it as an enterprise fund in accordance with Generally Accepted Accounting Principles; and

WHEREAS, for many years Currie has annually generated a net operating deficit, ultimately resulting in an accumulated fund deficit; and

WHEREAS, the Michigan Department of Treasury has required that the City eliminate this accumulated fund deficit of Currie by June 30, 2017; and

WHEREAS, in order to accommodate the June 30, 2017 deadline the City annually contributes $540,000 of General Fund support to the Currie Golf Course Fund; and

WHEREAS, in an effort to assure that this deficit is eliminated in a timely manner while reducing Currie’s reliance upon General Fund support, City Council requested that City Staff explore the possibility of contracting out the management of Currie to help accomplish this; and

WHEREAS, the City issued Request for Proposal (RFP) #3533, Management of Currie Golf Courses, on August 30, 2013; and 

WHEREAS, after evaluating the responses to the RFP, an evaluation committee selected Billy Casper Golf to manage Currie with a planned start date of January 1, 2014; now therefore

RESOLVED, that the proposal from Billy Casper Golf is accepted and the Mayor and City Clerk shall execute an agreement with Billy Casper Golf subject to approval in final form by the City Attorney and the Assistant City Manager for Financial Services.  (Motion ADOPTED.)

 

FILTER CLEAR WELL REPAIR – WATER PLANT

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

 

WHEREAS, on Tuesday, December 3, 2013 sealed bids were received for Filter Clear Well Repair – Phase 2, Bid No. 3583, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bids have been reviewed by staff for this project, and determined that the low bid of $96,248.00 submitted by Lake Painting, Inc., of Midland, be accepted in the best interest of the City; and

WHEREAS, funding has been budgeted for this purpose in the Water Enterprise Fund Capital Project WP1401; now therefore

RESOLVED, that the low bid submitted by Lake Painting, Inc., of Midland for the indicated amount of $96,248.00, is hereby accepted, authorizing the Mayor and City Clerk to execute the contract subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 49

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

 

WHEREAS, Eastlawn Center LC submitted a request for a conditional land use permit for a drive-thru window lane at the Eastlawn Center Food Court, located at 961 South Saginaw Road; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of 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 January 13, 2014, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on or before December 27, 2013 and to publish said notice on December 28, 2013.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk