May 19, 2014

 

A regular meeting of the City Council was held on Monday, May 19, 2014, 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:

Third Ward Vacant

 

MINUTES

Approval of the minutes of the May 12, 2014 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm.  (Motion ADOPTED.)

 

MIDLAND AREA CHAMBER OF COMMERCE, YEA! CLASS OF 2014

Communications Coordinator Libby Richart introduced Tina Lynch, Business Development Coordinator for the Midland Area Chamber of Commerce.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation recognizing the Midland Area Chamber of Commerce, YEA! Class of 2014, and participating business and community leaders for a successful first year of enriching the lives of tomorrow’s leaders and enhancing our community. (Motion ADOPTED.)  Mayor Donker presented Tina Lynch with the proclamation of recognition.

 

PUBLIC COMMENTS

No public comments were made.

 

GOLF COURSE FEES ORDINANCE AMENDMENT

Assistant City Manager for Financial Services David Keenan presented information on an ordinance amending Section 21-71 – Golf Course Fees.  The following ordinance amending Section 21-71 – Golf Course Fees was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1756

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

Golf Course Fees shall be established by Billy Casper Golf, LLC per the terms of the Currie Municipal Golf Course Management Agreement entered into between the City of Midland and Billy Casper Golf, LLC on December 23, 2013.  

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

FIREWORKS ORDINANCE AMENDMENT

Midland Fire Chief Chris Coughlin presented information on an ordinance amending Section 16-34 – Fireworks.  The following ordinance amending Section 16-34 – Fireworks was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1757

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 16-34 OF CHAPTER 16 THEREOF.

The City of Midland Ordains:

Section 1.  Section 16-34 is hereby amended to read as follows:

Sec. 16-34. Fireworks.

 (a) Definitions.

Consumer fireworks means fireworks devices that are designed to produce visible or audible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

Firework or fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designated for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.  Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

Novelties means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:

(1)         Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cup.

(2)         Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (1) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion. 

(3)         Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

 (b)  Prohibition on use of consumer fireworks.

No person shall ignite, discharge or use consumer fireworks within the city, except this prohibition shall not preclude any person from the ignition, discharge, and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of Public Act 256 of 2011 and all other applicable local, state, or federal regulations.  A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission.  The ignition, discharge or use of consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m. on the day preceding, the day of, or the day after a national holiday is strictly prohibited.  This prohibition and restriction shall not apply to the ignition, discharge or use of consumer or display fireworks for educational and/or training purposes as approved, in writing, by the Fire Chief or his designee.

 (c)

It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, keep with the intent to sell at retail, or sell at retail to any person who has not yet attained the age of eighteen (18) years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of unmanned balloon which requires fire underneath to propel the same; firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs or other fireworks of like construction; or any fireworks containing any explosive or inflammable compound or any tablets or other devices commonly used and sold as fireworks, containing nitrates, chlorates, oxolates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound containing any of the same or other modern explosives.

 (d)

Not included within the foregoing prohibition are model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models. Also not included are sparklers containing not more than one hundred twenty-five ten thousandths (.0125) pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth (1/8) inch in diameter, toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than twenty-five hundredths (.25) of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times.

 (e)  Enforcement.

The Fire Chief, his designees and/or sworn law enforcement officers are authorized to enforce the provisions of this ordinance.

 (f)  Severability.

The various parts, sections and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the ordinance shall not be affected.

 (g)  Repeal.

All regulatory fireworks provisions contained in other city ordinances which are inconsistent with the provisions of this ordinance are repealed with the exception of the authority granted to the Director of Parks and Recreation and the Fire Chief under the Parks Rules and Regulations. 

Section 2.  This ordinance shall take effect on publication.  (Ordinance ADOPTED.)

 

2014-15 CITY BUDGET

Assistant City Manager for Financial Services David Keenan presented the City Manager’s Proposed 2014-15 Budget.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

WHEREAS, a public hearing on the 2014-2015 budget was held on Monday, May 12, 2014, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 15 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, MCL 211.44 permits local property tax collecting units to add to taxes collected after February 14 and before March 1, four percent (4%) for late charges and additional fees; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,332,816,968 plus $182,995,100 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2014 and ending June 30, 2015 is hereby determined and adopted as follows:

 

 

 

 


 


 


 


 


 

; and

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 12.30 mills for operations, .28 mills for storm water operations, 1.00 mills for library operations, 1.18 mills for public safety pension, and 0.28 mills for general obligation debt, a total of 15.04 mills, on the taxable value of the various classes of property in the City of Midland on the 2014 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the taxable value of the various classes of property on the 2014 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the summer and winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies, and processing taxes under review and appeal; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after the legal due dates of September 15 and February 14 (or the next business day if those dates fall on a holiday or weekend) a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that for the City’s fiscal year ending June 30, 2014, the General Fund’s fund balance shall include $2,570,246 as a Committed Fund Balance for Future Year Expenditures, shall include $1,500,000 as a Committed Fund Balance for Contingencies, and shall include an amount to be determined by the City’s Assistant City Manager for Financial Services as Assigned Fund Balance for Encumbrances; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services shall be authorized to encumber into the 2014-2015 budgets and financial working plans of the various City funds items requested by staff provided that:  1) there is sufficient remaining budget in 2013-2014, 2) each item has previous City Council budgetary approval to be spent for the purpose for which it is being requested to be encumbered, 3) the intent to spend the funds for the purpose in which it was originally approved still exists, and 4) periodic costs, such as supplies and other charges which get budgeted for each year are deemed to be non-recurring or necessary to offset unexpected adverse conditions in the upcoming year; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services is directed to provide an explanation of amounts encumbered, by fund, to City Council in the quarterly financial report for the period ending September 30, 2014. (Motion ADOPTED.)

 

QUARTERLY FINANCIAL REPORTS 12/31/13 & 03/31/14

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

 

RESOLVED, that the quarterly financial information of the City of Midland, for the quarters ended December 31, 2013 and March 31, 2014, is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

SITE PLAN NO. 329

Director of Planning and Community Development Brad Kaye presented information on Site Plan No. 329 – CVS Pharmacy, for site plan review and approval for a 13,600 square foot retail pharmacy located at 1015 South Saginaw Road.  Pete Poznak of Poznak, Dyer, Kanar, Garchow, 143 McDonald, attorney representing the petitioner, asked for clarification on a portion of the resolution.  The resolution error was clarified by Brad Kaye.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 329, the request of Velmeir Companies for site plan review and approval for a 13,600 square foot retail pharmacy, located at 1015 South Saginaw Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 329 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 329, contingent upon the following:

  1. A photometric plan meeting the requirements of Section 3.12 of Article 3 of the Zoning Ordinance shall be submitted to the City’s Building Department.
  2. Lighting fixture details shall be submitted in compliance with Section 3.12 of the Zoning Ordinance and approved by the City Electrical Inspector.
  3. Final storm water management plans shall be submitted to and approved by the City Engineering Department.
  4. Final soil and sedimentation control plans shall be submitted to and approved by the City Building Department.
  5. Ground mounted signage shall be installed in compliance with the approved site plan and Article 8 of the Zoning Ordinance. 
  6. Wall mounted signage is not approved with this site plan.  All wall mounted signage shall be submitted to the City Building Department for final review and approval and shall comply with Article 8 of the Zoning Ordinance.
  7. The required utility easements shall be provided to and accepted by the City Water Department.
  8. Cross-access easement agreements to the satisfaction of the City of Midland shall be executed between the property owners.
  9. A maximum of 44 parking spaces shall be provided for on-site.  Revised site plans identifying this allowed number of parking spaces shall be provided to and approved by the City Planning Department.
  10. An agreement shall be entered into between the applicant and the City of Midland addressing potential redesign and reconstruction of the most westerly driveway accessing Eastlawn Drive.  Such agreement shall provide that the City of Midland may require the reconstruction of this driveway, at the applicant’s expense, including limiting or eliminating turning movements into or from this driveway, should traffic impacts be determined by the city to be unsafe or otherwise detrimental to traffic movements on Eastlawn Drive. 

(Motion ADOPTED.)

 

SITE PLAN NO. 330

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 330, the request of MLR Engineering on behalf of Niche Properties for site plan review and approval for Twilight Self Storage, located at 4671 South Saginaw Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 330 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 330, contingent upon the following:

1.    A means of access, suitable to the Fire Department, must be given to allow emergency personnel to access the gated area of the site. 

2.    A final soil and sedimentation control plan shall be submitted to the City Building Department.

3.    Lighting fixture details meeting the requirements of the City Zoning Ordinance must be submitted to the City Building Department. 

(Motion ADOPTED.)

 

SITE PLAN NO. 332

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 332, the request of Three Rivers Corporation on behalf of MidMichigan Health for site plan review and approval for a medical education building, located at 4611 Campus Ridge Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 332 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 332, contingent upon the following:

1.    A final stormwater management plan shall be submitted for the review and approval of the City Engineering Department and a stormwater management permit shall be obtained prior to construction.

2.    A final soil and sedimentation control plan shall be submitted for the review and approval of the City Building Department.

3.    All required utility easements shall be submitted to the City Water Department.

(Motion ADOPTED.)

 

PLANNING COMMISSION – STEWART RESIGNATION

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

 

RESOLVED, that the resignation of Jim Stewart as a member of the Planning Commission is hereby accepted, effective June 30, 2014, and the Administration is directed to convey the Council’s appreciation to Mr. Stewart for his service on this important Commission.  (Motion ADOPTED.)

 

MIKE AND MELISSA DYER FOUNDATION – CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from The Mike and Melissa Dyer Foundation of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.   (Motion ADOPTED.)

 

WATER PLANT – SECURITY WINDOWS

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

 

WHEREAS, the city’s Water Treatment Plant is considered a critical infrastructure by the federal government, and necessary security measures are being developed to ensure that water can be continually processed; and

WHEREAS, the replacement of ground level windows at the Water Treatment Plant with shatter resistant / bullet proof windows is considered the best choice to prevent intrusion into the plant; and

WHEREAS, on May 13, 2014, a lone bid was received for Bid No. 3622, Security Windows, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lone bid received from Total Security Solutions of Fowlerville in the amount of $54,334.02, including Alternates 1 and 2, meets city specifications and is acceptable; and

WHEREAS, funding is provided for this purchase in the 2014 Water Enterprise Fund budget, account #591.9120.97.020 – Buildings & Additions; now therefore

RESOLVED, that the lone bid received from Total Security Solutions of Fowlerville, Michigan in the amount of $54,334.02 for the installation of shatter resistant / bullet proof windows, is hereby accepted and a purchase order in that amount is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:00 p.m.

 

 

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            Selina Tisdale, City Clerk