August 23, 2010
A regular meeting of the City Council was
held on Monday, August 23, 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 |
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Councilmen absent: |
None |
Approval of the minutes of the August 9, 2010
regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brooks. (Motion ADOPTED.)
Assistant City Manager Jack Duso introduced
The Dow Chemical Company Renewable Energy Renaissance Zone and two Brownfield
Redevelopment Plans. Jane Palmieri,
General Manager of Dow Solar Solutions, spoke regarding the solar solutions
project. Earl Shipp, Vice President of
Dow Michigan Operations, spoke regarding the Renaissance Zone and Brownfield
Redevelopment requests and the impact of this project on the region. A public hearing on Brownfield Plan #5,
Brownfield Plan #6 and the Renewable Energy Renaissance Zone opened at 7:36
p.m. Scott Walker, Chief Executive
Officer, Midland Tomorrow, spoke in support of the renaissance zone and the two
Brownfield requests. Evan Wardel, 5009 Raintree Drive, spoke regarding this
emerging market and the project’s long-term sustainability of the jobs it is
creating. The public hearing closed at 7:43 p.m. The following three resolutions were then
presented for consideration.
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
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 a Brownfield Redevelopment Zone (the “Zone”), and 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
WHEREAS, the
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
RESOLVED, that pursuant to the
authority vested in the
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. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
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 a Brownfield Redevelopment Zone (the “Zone”), and 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
WHEREAS, the
WHEREAS, the City Council has made the following determinations and findings:
C. The Plan constitutes a public purpose under the Act;
D. 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
RESOLVED, that pursuant to the authority
vested in the
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. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, the City of Midland desires to
expand economic activity, and increase the number of jobs and income available
to residents of the area; and
WHEREAS, certain areas within our city have
suffered from depressed economic activity for some time, including low incomes,
lack of employment opportunities, and depressed business expansion; and
WHEREAS, the designation of selected areas
as a Renewable Energy Renaissance Zone will help attract new business, increase
economic development, and expand business and employment opportunities in the
City of Midland and surrounding communities for years to come; and
WHEREAS, the local units of government, local
citizens, and local businesses are committed to improving the area, should a
Renewable Energy Renaissance Zone be designated; and
WHEREAS, the commitment extends to making
new investments and marketing of the area to other investors; and
WHEREAS, should the area be designated as a
Renewable Energy Renaissance Zone, persons and property within that zone will
be exempt from taxes levied by the city, county, and other units of government
as provided under the Act, which will provide a stimulus to develop the area;
and
WHEREAS, the state government, under the
Act, will reimburse local schools, community colleges, intermediate school
districts, and public libraries for any revenue lost due to the exemption
provided by the Act; and
WHEREAS, we estimate that tax revenue lost,
which is estimated on the attached schedules would be a small fraction of the
benefits the designation of a Renewable Energy Renaissance Zone will bring the
community; now therefore
RESOLVED, that the land described by the
attached legal descriptions for parcels 14-21-70-088 and 20-21-60-100 shall be
included in the Renewable Energy Renaissance Zone with various state, local and
county taxes being waived for new investment on the property for a period of 15
years beginning January 1, 2011 through December 31, 2025; and
RESOLVED FURTHER, that the attached Proposal
for Creating a Renewable Energy Renaissance Zone is hereby approved and the
City Administration is authorized to submit said document to the Michigan
Strategic Fund and State Administrative Board.
(Motion ADOPTED.)
Department of Public Services Director Karen
Murphy presented an amendment to the Municipal Service Center budget for the
purchase of brine-making equipment. A
public hearing opened at 8:00 p.m., recognizing no public comments, the hearing
closed at 8:00 p.m. The following
resolution was then offered by Councilman Brooks 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 23, 2010 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;
and
WHEREAS, there are sufficient funds already
budgeted in the Equipment Revolving Fund for the transfer; now therefore
RESOLVED, that the 2010-11 budget of
the Municipal Service Center is hereby amended to increase revenue and
associated expense accounts by $25,000 to allow for the purchase of
brine-making equipment. (Motion ADOPTED.)
Midland Tomorrow Executive Director Scott
Walker presented Midland City Council with a plaque commemorating Business
Facilities magazine 2010 Annual Ranking Report naming Midland, Michigan third
in their Top 10 Metro Economic Growth Potential markets and number three in
Alternative Energy Industry Leaders for communities under 200,000 in
population. Midland Tomorrow thanked Midland City Council for its continuing
work to make Midland a great place to do business.
WITHDRAWN.
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, a written request has been received from John Rapanos, proprietor of Broadhead Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Broadhead Estates Subdivision No. 1 until October 10, 2011. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, a written request has been received from John Rapanos, proprietor of Broadhead Estates Subdivision No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Broadhead Estates Subdivision No. 2 until October 10, 2011. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, a written request has been
received from Keith Schroeder, President of Schroeder Builders, Inc.,
proprietor of Countryside Estates Subdivision No. 1, to extend the period of
time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections
23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the
City Council hereby extends the period of time to complete the sidewalk within
Countryside Estates Subdivision No. 1 until October 11, 2011 conditioned upon
receipt of a financial guarantee in an amount determined by the City Engineer,
valid for a period of one year beyond the date of the required completion of
the sidewalk; and
RESOLVED FURTHER, that if a new financial
guarantee is not provided by September 13, 2010, Council authorizes staff to
use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, a written request has been
received from Keith Schroeder, President of Schroeder Builders, Inc.,
proprietor of Countryside Estates Subdivision No. 2, to extend the period of
time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections
23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the
City Council hereby extends the period of time to complete the sidewalk within
Countryside Estates Subdivision No. 2 until February 13, 2011 conditioned upon
receipt of a financial guarantee in an amount determined by the City Engineer
equal to the estimated cost for installation of the remaining sidewalk, valid
for a period of one year beyond the date of the required completion of the
sidewalk; and
RESOLVED FURTHER, that if a new financial
guarantee is not provided by September 13, 2010, the City Council authorizes
staff to utilize the existing financial guarantee on file to install all
remaining sidewalk in Countryside Estates Subdivision No. 2. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
RESOLVED, that the City Council of the City
of Midland herewith approves the annexation of the following described property
to the City of Midland:
SITUATED IN THE
TOWNSHIP OF LARKIN, MIDLAND COUNTY, MICHIGAN:
THAT PART OF THE NORTH ½ OF THE NORTHEAST ¼ OF SECTION 33, T15N, R2E,
LYING NORTHERLY OF COMMERCE DRIVE, EXCEPT THE WEST 40 FEET THEREOF
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 Larkin 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 Larkin; 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.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
RESOLVED, that the City
RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to
conduct an auction to sell the surplus equipment at the Municipal Service
Center on Saturday, September 18, 2010.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Lynne Luongo to the Downtown Development Authority to fill a term to expire May 1, 2014. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
RESOLVED, that the resignation of Jeffrey Nielsen as a member of the Board of Review is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Nielsen for his service on this important Board. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
RESOLVED, that Donald Acker is hereby appointed to the Board of Review to fill an unexpired term to expire April 30, 2013. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
RESOLVED, that the request from the Downtown Development Authority to host a Balloon Festival Kick-Off event in the downtown area the evening of Thursday, September 16, 2010, utilizing the public right-of-way and amplified sound, and including a nightglow of tethered hot air balloons on Main Street and launching of balloons in Chippewassee Park, is hereby approved subject to the following conditions:
;and
RESOLVED FURTHER, that the
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
13,396 gallons of E10 ethanol blend unleaded fuel from Karbowski Oil of Bay
City, Michigan for $29,163.09 executed by the Purchasing Agent on August 5,
2010, is hereby approved. (Motion
ADOPTED.)
The following resolution was offered by Councilman
Wazbinski and seconded by Councilman Brooks:
WHEREAS, sealed proposals were advertised
and received in accord with Article II of Chapter 2 of the Midland Code of
Ordinances for the purchase of refuse trucks, Bid No. 3274; and
WHEREAS, sufficient funding for the
purchase of two residential refuse trucks and one commercial refuse truck is
included in the FY 2010-11 Equipment Revolving Fund budget for Capital Outlay -
Vehicles; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Diesel Truck Sales of Saginaw,
Michigan, in the amount of $719,576 for the purchase of two residential refuse
trucks and one commercial refuse truck with the trade-in of City units # 3-29
and 3-89, in accordance with the proposal and city specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, the Midland Cogeneration
Venture has appealed the assessment of both real and personal property for the
2010 tax year with the Michigan Tax Tribunal; and
WHEREAS, the Midland Cogeneration Venture
has also appealed the classification of its property with the Michigan Court of
Appeals; and
WHEREAS, the appraisal firm of George E.
Sansoucy, P.E., L.L.C. has been retained in assisting the City of Midland in
its defense of these matters; and
WHEREAS, on May 10, 2010 City Council
authorized payments to George E. Sansoucy, P.E., L.L.C. for the aforementioned services in a total
amount not to exceed $50,000; and
WHEREAS, the cost of said services is
expected to exceed $20,000 and, therefore, approval of the
WHEREAS, sufficient budgetary funding exists
within the 2010-2011 Appraisal 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 appraisal firm of George E. Sansoucy, P.E., L.L.C. for their
assistance in connection with the aforementioned appeal is hereby authorized in
an amount not to exceed $100,000. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, the Midland Cogeneration
Venture has appealed the assessment of both real and personal property for the
2010 tax year with the Michigan Tax Tribunal; and
WHEREAS, the Midland Cogeneration Venture
has also appealed the classification of its property with the Michigan Court of
Appeals; 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 these matters; and
WHEREAS, on May 10, 2010 City Council
authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. for the
aforementioned services in a total amount not to exceed $100,000; and
WHEREAS, the cost of said services is
expected to exceed $20,000 and, therefore, approval by the
WHEREAS, sufficient budgetary funding exists
within the 2010-2011 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 $200,000. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, on June 22, 2010 bids were
received for the purchase and installation of two heating boilers for Fire
Station # 1; and
WHEREAS, J & D Plumbing and Heating,
LTD, of Sanford, Michigan, submitted a bid for the specified heating boilers;
and
WHEREAS, the bid submitted is within the
budget for purchasing the specified heating boilers; now therefore
RESOLVED, that the City Council authorizes
the Purchasing Agent to issue a purchase order in the amount of $27,379 to J
& D Plumbing and Heating, LTD for the purchase and installation of the
Lochinvar heating boilers; and
RESOLVED FURTHER, that the City Manager has
the authority to approve any change orders modifying or altering this contract
in an aggregate amount up to $7,621.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, SunGard Public Sector and New World
Systems annual software maintenance and support services are due for renewal;
and
WHEREAS, software maintenance and support is
directly provided by the manufacturers and is considered sole source; and
WHEREAS, sufficient funding exists in the
Information Services Operations Fund, and its 2010-11 budget includes
sufficient appropriations to pay the 2010-11 expenditures; now therefore
RESOLVED, that the
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brooks:
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., September 13, 2010 in the Council Chambers of City Hall on the
proposal to amend the 2010-11 General Fund budget to increase revenues by
$360,000 to recognize a gift from the Midland Area Community Foundation for
Tridge improvements and to increase expenditures by the same to provide budget
authorization for the project. (Motion
ADOPTED.)
Being no further business the meeting
adjourned at 8:15 p.m.
______________________________________
Selina
Tisdale, City