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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the August 9, 2010 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY RENEWABLE ENERGY RENAISSANCE ZONE & BROWNFIELD REDEVELOPMENT PLANS

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.

 

DOW CHEMICAL COMPANY BROWNFIELD REDEVELOPMENT PLAN #5

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 City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; 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 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.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY BROWNFIELD REDEVELOPMENT PLAN #6

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 City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; 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 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:

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 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.  (Motion ADOPTED.)

 

APPLICATION FOR RENEWABLE ENERGY RENAISSANCE ZONE

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.)

 

MUNICIPAL SERVICE CENTER BUDGET AMENDMENT

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.)

 

PUBLIC COMMENTS

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.

 

FINAL PLAT OF BROADHEAD ESTATES NO. 3

WITHDRAWN.

 

BROADHEAD ESTATES NO. 1 – SIDEWALK TIME EXTENSION

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.)

 

BROADHEAD ESTATES NO. 2 – SIDEWALK TIME EXTENSION

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.)

 

COUNTRYSIDE ESTATES NO. 1 – SIDEWALK TIME EXTENSION

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.)

 

COUNTRYSIDE ESTATES NO. 2 – SIDEWALK TIME EXTENSION

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.)

 

ANNEXATION OF PROPERTY AT 1913 JEFFERSON ROAD FROM LARKIN TOWNSHIP

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.)

 

ANNUAL AUCTION – SURPLUS EQUIPMENT

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

 

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the preliminary “2010 Auction List” attached, along with additional items identified by City staff, as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

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.)

 

DDA – LUONGO APPOINTMENT

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.)

 

BOARD OF REVIEW – NIELSEN RESIGNATION

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.)

 

BOARD OF REVIEW – ACKER APPOINTMENT

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.)

 

BALLOON FESTIVAL KICK-OFF EVENT

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:

  • Organizers must meet with the Fire Department to review the plans for the event.
  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $3,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five days prior to the event and must specify this event as well as the event at the fairgrounds.
  • An exact location for delivery of the Stage and a contact person who can assist letting balloonists through the chain gate at Chippewassee Park must be provided to the Parks and Recreation Department.
  • Balloons must land outside the City or at Barstow Airport, per Sec. 4-20 of the Code of Ordinances.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

UNLEADED 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 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.)

 

PURCHASE OF THREE REFUSE TRUCKS

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.)

 

APPRAISAL SERVICES – MCV TAX APPEALS

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 City Council is required under Section 2-18 of the Code of Ordinances; and

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.)

 

LEGAL SERVICES – MCV TAX APPEALS

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 City Council is required under Section 2-18 of the Code of Ordinances; and

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.)

 


HEATING BOILERS – FIRE STATION #1

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.)

 

SOFTWARE MAINTENANCE AND SUPPORT SERVICES

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 City Council hereby approves the payment to SunGard Public Sector in the amount of $57,755.86, and New World Systems in the amount of $55,980.00 for maintenance and support services.  (Motion ADOPTED.)

 

PROPOSED 2010-11 GENERAL FUND BUDGET AMENDMENT

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 Clerk