August 9, 2010

 

A regular meeting of the City Council was held on Monday, August 9, 2010, 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, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the July 26, 2010 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

2010-11 LANDFILL BUDGET AMENDMENT

Utilities Director Noel Bush presented information on an amendment to the 2010-11 Landfill Fund budget for the purchase of real property at 3601 N. Rockwell Drive.  A public hearing opened at 7:06 p.m., recognizing no public comments, the hearing closed at 7:06 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, August 9, 2010, on the proposal to amend the 2010/11 Landfill Fund budget to increase revenues from working capital by $160,000.00 and to increase appropriations by $160,000.00 for the purchase of real property; now therefore

RESOLVED, that the proposal to amend the 2010/11 Landfill Fund budget, increasing revenues from working capital by $160,000.00 and increasing appropriations by $160,000.00 for the purchase of real property located at 3601 N. Rockwell Dr. in Midland, is hereby approved; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute a purchase agreement pending review by the City Attorney, and the purchase is authorized in the amount of $134,907.00 plus closing costs, not to exceed a total cost of $160,000.00, for the land and appurtenances located at 3601 N. Rockwell Drive in Midland. (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SALE & DEED TRANSFER FOR 716 GORDON STREET

Planning and Community Development Director Keith Baker presented information on the sale and transfer of City property located at 716 Gordon Street.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a lot at 716 Gordon Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated July 29, 2010, was submitted by Thomas H. Gorham and Gloria M. Gorham, in the amount of  $20,000.00; and

WHEREAS, the purchaser will be using the property to construct a single-family residential home; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical and unwarranted; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City.  (Motion ADOPTED.)

 

MIDLAND BUILDING TRADES – JOINT CONSTRUCTION PROJECT

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

 

WHEREAS, the Midland Public Schools administration has requested a joint project with the City of Midland, Jennifer Gentile and The ARC of Midland, by having students in the Building Trades Class provide the labor for the construction of a single family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 1311 W. Union Street has been selected and designed on property owned by the City of Midland; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that Jennifer Gentile and The ARC of Midland shall pay to the City all material costs, contracted labor, $10,000 for the lot, and other incidental costs as agreed upon; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland, Midland Public Schools, Jennifer Gentile and The ARC of Midland for this purpose.  (Motion ADOPTED.)

 

CDBG SUBRECIPIENT AGREEMENTS

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

 

WHEREAS, the 2010-11 Community Development Block Grant budget provides funds to Midland Area Homes, the Council on Domestic Violence and Sexual Assault (Shelterhouse), Safe & Sound Child Advocacy Center, Safe Haven Outreach Center, West Midland Family Center, the Literacy Council of Midland County, the Reece Community Living Endeavor, MITECH+, Inc., and Legal Services of Eastern Michigan, for the purpose of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,700 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $29,578.30 executed by the Purchasing Agent on July 27, 2010, is hereby approved.  (Motion ADOPTED.)

 

LIBRARY – ELECTRONIC ONLINE SERVICES & STAFF TRAINING

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

 

WHEREAS, the Midwest Collaborative for Library Services is the sole vendor of group licensing of selected electronic online services and staff training not available through other organizations; and

WHEREAS, funding is available in the 2010/2011 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and staff training from the Midwest Collaborative for Library Services is hereby approved in an amount not to exceed $55,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

LIBRARY – AUTOMATION SERVICES

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

 

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; and

WHEREAS, funding is available in the 2010/2011 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2010/2011 requirements for online automation services, including membership, staff training, system upgrades, and records database maintenance for the automated acquisition, catalog, and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $90,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

LIBRARY – ELECTRONIC ONLINE SERVICES & MATERIALS

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

 

WHEREAS, Gale of Farmington Hills, MI is the sole vendor of the electronic online services and materials that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2010/2011 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and materials from Gale is hereby approved in an amount not to exceed $55,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

2010 ASHMAN STREET RECONSTRUCTION & SANITARY SEWER

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Ashman Street from Waldo Avenue to the US-10 overpass and the replacement of the sanitary sewer from the pump station to Stratford Woods Drive; and

WHEREAS, funding for this project is provided by the Major Street Fund and Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Sova Excavating and Trucking, Inc. of Midland, Michigan, for the "2010 Ashman Street Reconstruction and Sanitary Sewer; Contract No. 8", in the indicated amount of $637,435.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

WATER TREATMENT RESIDUALS TO LAND APPLICATION

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

WHEREAS, the City of Midland Water Treatment Plant produces water softening residuals that must be disposed of in a manner acceptable to the Michigan Department of Natural Resources and Environment; and

WHEREAS, on February 23, 2010 sealed bids were received and opened for Bid No. 3234, Water Treatment Residuals to Land Application, in accord with Section 2-18 of the Midland Code of Ordinances for a 12-month period, including options for two extensions of one year each; and

WHEREAS, on April 26, 2010, Council accepted the low bid submitted by E-quip Company, Inc. of Alto for the indicated price per cubic yard of $9.43 for up to 5,000 cubic yards per year; and

WHEREAS, E-quip Company has been unable to secure the necessary performance bond, and therefore was unable to perform the hauling and land application of the water treatment residuals this past spring; and

WHEREAS, the next low bid was received from BioTech Agronomics of Benzonia with a price of $12.95 per cubic yard ($64,570.00/12-month period); and

WHEREAS, funding in account #591-8165-811.81-92 - Sludge Hauling is provided in the 2010/11 Water Fund budget; now therefore

RESOLVED, that the existing contract with E-quip Company, Inc. of Alto is hereby canceled for not obtaining the necessary performance bond to fulfill the contract terms to haul and land apply the city’s water treatment residuals; and

RESOLVED FURTHER, that the next low bid submitted by BioTech Agronomics of Benzonia for $12.95 per cubic yard is hereby accepted, and the issuance of a purchase order not to exceed  $64,570.00 for the current year, and up to two subsequent annual extensions at the same unit price, are hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $10,000.00 in each fiscal year.  (Motion ADOPTED.)

 

WASTEWATER TREATMENT PLANT – ALUMINUM HANDRAILS

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

 

WHEREAS, the City of Midland Wastewater Treatment Plant (WWTP) began operations in 1962, and steel protective handrails were installed around tanks at that time; and

WHEREAS, during a major plant upgrade in 1989, aluminum handrails, which have been maintenance free, were installed around all new structures; and

WHEREAS, as part of the Wastewater Fund’s ongoing replacement plan, all steel handrails will eventually be replaced with surface-mounted aluminum handrails; and

WHEREAS, this year, the handrails around the plant’s east and west secondary clarifiers (300 lineal feet per clarifier) will be replaced; and

WHEREAS, on July 27, 2010 bids were opened for Aluminum Handrails, Bid No. 3279; and

WHEREAS, funding for this work is budgeted in the 2010/11 Wastewater Fund account #590-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that the low bid received from Gerace Construction of Midland in the amount of $35,500.00 for the supply and installation of aluminum handrails around the Wastewater Treatment Plant’s east and west secondary clarifiers 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.)

 

PROPOSED MUNICIPAL SERVICE CENTER BUDGET AMENDMENT

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

 

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., August 23, 2010 in the Council Chambers of City Hall on the proposal to amend the 2010-11 budget of the Municipal Service Center to increase the revenue by $25,000 to recognize a transfer of funds from the Equipment Revolving Fund, and to increase expenditures in the Capital Outlay project account by $25,000 to allow for the purchase of brine-making equipment.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 151

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 13, 2010, 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 publish said notice on August 28, 2010.

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 ORDINANCE TO FURTHER DEFINE PERMITTING THE KEEPING OF MINIATURE PIGS AS A CONDITIONAL LAND USE IN THE SINGLE FAMILY RESIDENTIAL DISTRICTS IN THE CITY OF MIDLAND.

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:

Section 14.02 – PERMITTED USES AND STRUCTURES

D.        Conditional Land Uses

16.  Miniature pigs.

          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.)

 

DOW CHEMICAL COMPANY BROWNFIELD PLAN NO. 5

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within the City of Midland (the “Brownfield Redevelopment Zone”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 23rd day of August, 2010, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A, in the Midland Daily News, a newspaper of general circulation in the City of Midland and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk.

(Motion ADOPTED.)

 

DOW CHEMICAL COMPANY BROWNFIELD PLAN NO. 6

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within the City of Midland (the “Brownfield Redevelopment Zone”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 23rd day of August, 2010, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A, in the Midland Daily News, a newspaper of general circulation in the City of Midland and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk.

(Motion ADOPTED.)

 

RENEWABLE ENERGY RENAISSANCE ZONE – NOTICE OF INTENT

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

 

WHEREAS, The Dow Chemical Company has requested the City of Midland submit an application for a Renewable Energy Renaissance Zone to the Michigan Strategic Fund in accord with the Michigan Renaissance Zone Act being Act 376 of 1996 of the State of Michigan; and

WHEREAS, said renaissance zone will provide the Dow Solar project with an exemption of state and local taxes; and

WHEREAS, the only local taxing jurisdictions affected are the City of Midland and the County of Midland due to the Midland Public Schools, the Midland County Educational Service Agency, and Delta College being held harmless by Act 376 of 1996; now therefore

RESOLVED, that the City Council hereby directs the City Clerk to send to the County of Midland a written notification of the intent of the City Council to consider a resolution authorizing the City of Midland to submit an application to the Michigan Strategic Fund for a Renewable Energy Renaissance Zone within the Michigan Operations of The Dow Chemical Company at the August 23rd meeting of the City Council.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk