October 25, 2010

 

A regular meeting of the City Council was held on Monday, October 25, 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:

J.Dee Brooks, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

Thomas Adams

 

MINUTES

Approval of the minutes of the October 11, 2010 regular meeting was offered by Councilman Brooks and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

MCKAY PRESS, INC.

City Assessor Reid Duford presented a request from McKay Press, Inc. for an Industrial Facilities Tax Exemption certificate within the Consolidated Graphics Industrial Development District No. 1 and two requests to transfer Industrial Development Certificates from the Expanded McKay Industrial Development District No. 1 to its new location.  The following three resolutions were then presented for consideration. 

 

MCKAY PRESS, INC. – IFT APPLICATION

A public hearing opened at 7:01 p.m.  Bob Smith, Controller for McKay Press, Inc., spoke regarding the IFT request.  The public hearing closed at 7:10 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, the Consolidated Graphics Industrial Development District No. 1 was established by resolution of the Midland City Council on April 12, 2010; and 

WHEREAS, McKay Press, Inc. made an application dated October 5, 2010, which was received by the City Clerk on October 6, 2010 for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $6,655,000 which is for new real and personal property with the same being located within the Consolidated Graphics Industrial Development District No. 1 to allow McKay Press, Inc.  to construct shipping and receiving docks to an existing 75,400 square foot building owned by Consolidated Graphics Properties II, Inc., and purchase personal property for the manufacturing of printed material. The project is expected to retain seventy-five existing jobs and create thirteen new jobs within two years of project completion; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 25, 2010, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district and/or plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district and/or plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by McKay Press, Inc., considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from McKay Press, Inc., for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2022; and

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

 

MCKAY PRESS, INC. – CERTIFICATE NO. 2005-077 TRANSFER

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

 

WHEREAS, McKay Press, Inc. was issued Industrial Facilities Exemption No. 2005-077 which has a real property component of -0- and a personal property component of $585,300; and

WHEREAS, McKay Press, Inc. has relocated its operations to 7600 West Wackerly Street, Midland, Michigan, 48642, within the Consolidated Graphics Industrial Development District No.1, established April 12, 2010; and

WHEREAS,  McKay Press, Inc. has requested the City Council to approve a transfer of certificate No. 2005-077 personal property component of $585,300 to Consolidated Graphics Industrial Development District No. 1; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by McKay Press, Inc. to transfer Industrial Facilities Exemption Certificate No. 2005-077, due to expire December 30, 2017, from the Expanded McKay Industrial Development District No. 1 to its new location, 7600 West Wackerly Street, Midland, Michigan, 48642, within the Consolidated Graphics Industrial Development District No. 1, established April 12, 2010; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a transfer of certificate No. 2005-077 to McKay Press, Inc. based on the transfer to its new location, 7600 West Wackerly Street, Midland, Michigan 48642.  (Motion ADOPTED.)

 

MCKAY PRESS, INC. – CERTIFICATE NO. 2005-335 TRANSFER

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

 

WHEREAS, McKay Press, Inc. was issued Industrial Facilities Exemption Certificate No. 2005-335 which has a real property component of $500,000 (never used) and a personal property component of $2,000,000, due to expire December 30, 2017, located within the Expanded McKay Industrial Development District No.1; and

WHEREAS, McKay Press, Inc. has relocated its operations to 7600 West Wackerly Street, Midland, Michigan, 48642, within the Consolidated Graphics Industrial Development District No.1, established April 12, 2010; and

WHEREAS,  McKay Press, Inc. has requested the City Council to approve a transfer of certificate No. 2005-335 personal property component of $2,000,000 to Consolidated Graphics Industrial Development District No. 1; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by McKay Press, Inc. to transfer Industrial Facilities Exemption Certificate No. 2005-335, due to expire December 30, 2017, from the Expanded McKay Industrial Development District No. 1 to its new location, 7600 West Wackerly Street, Midland, Michigan, 48642, within the Consolidated Graphics Industrial Development District No. 1, established April 12, 2010; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a transfer of certificate No. 2005-335 to McKay Press, Inc. based on the transfer to its new location, 7600 West Wackerly Street, Midland, Michigan 48642. (Motion ADOPTED.)

 

2010-2011 EQUIPMENT REVOLVING AND GENERAL FUND BUDGET AMENDMENTS

Department of Public Services Director Karen Murphy presented a Budget Amendment to the 2010-2011 budgets of the Equipment Revolving Fund and the General Fund to distribute auction and equipment sale proceeds.  A public hearing opened at 7:16 p.m., recognizing no comments from the public, the hearing closed at 7:16 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

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, October 25, 2010 on the proposal to amend the 2010-11 budget of the Equipment Revolving Fund to increase  revenues and expenditures by $151,038 to recognize unanticipated revenue from the sale of surplus vehicles, equipment, and miscellaneous items and to provide budgetary authorization to spend the proceeds on operations, and to amend the 2010-11 budget of the General Fund to increase revenues and expenditures by $37,225 to recognize unanticipated revenue received from the sale of surplus vehicles, equipment, and miscellaneous items, and to allow budgetary authorization to spend the proceeds on operations; now therefore

RESOLVED, that the 2010-11 budgets of the Equipment Revolving Fund and the General Fund are hereby amended to increase revenue and associated expense accounts accordingly. (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

STAFF REPORT ON MINIATURE PIGS AS PETS

City Manager Jon Lynch presented a staff report on the keeping of miniature pigs as pets and directing the City Manager to prepare an appropriate ordinance for Council consideration.  Lisa White, 1313 W. Hines Street, spoke in favor of the miniature pig-licensing proposal.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

WHEREAS, on September 13, 2010, Councilmen determined that keeping of miniature pigs as pets was not appropriately authorized via conditional use permits under the Zoning Ordinance; and

WHEREAS, at that time Council expressed their hope of finding a solution that would work for all involved; and

WHEREAS, during the City Council meeting of October 25, 2010, the City Council reviewed a means by which keeping of miniature pigs as pets in Midland could be authorized; now therefore

RESOLVED, that the Staff Report to the City Council regarding regulatory options pertaining to keeping of miniature pigs as pets in Midland is hereby received and the City Manager is directed to prepare an appropriate ordinance for City Council consideration.  (Motion ADOPTED.  Yeas:  Brooks, Donker, Wazbinski   Nays:  Johnson)

 

STAFF REPORT ON CURBSIDE RECYCLING PROGRAM

Department of Public Services Director Karen Murphy and Assistant Director of Public Services Jan Yuergens, presented a staff report on the status of the upgraded curbside recycling program.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

RESOLVED, that the City Council hereby receives and files the staff report, dated October 20, 2010, on the status of the upgraded curbside recycling program.  (Motion ADOPTED.)

 

GRANT FOR SIGNS AND PAVEMENT MARKINGS FOR DESIGNATED BIKE ROUTES

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

 

WHEREAS, the City of Midland has adopted a Non-Motorized Transportation Plan (Plan); and

WHEREAS, as part of this Plan, official bike routes have been designated and mapped for identification on the city existing street system; and

WHEREAS, the Midland Area Community Foundation has generously donated $15,000 for the purchase of signs and pavement markings identifying bike routes within the community; and

WHEREAS, city staff has reviewed the design and locations of the proposed signs and pavement markings and have found them to be acceptable; now therefore

RESOLVED that the Midland City Council hereby accepts a grant in the amount of $15,000 from the Midland Area Community Foundation for the purchase of signs and pavement markings for designated bike routes and furthermore expresses its appreciation to the Midland Area Community Foundation for its generous gift to the community.  (Motion ADOPTED.)

 

2009-10 LIBRARY BOARD’S ANNUAL REPORT

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

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2009-2010 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2009-2010 Annual Report of the Grace A. Dow Memorial Library Board be received. (Motion ADOPTED.)

 

REAL ESTATE TRANSFER AGREEMENT – EASTMAN AVENUE AND AIRPORT ROAD

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

WHEREAS, City staff has been negotiating with Eastman Ten Development, LLC to sell the former Chemical Bank site on Eastman Avenue currently owned by the City of Midland and to acquire other properties needed for future road construction; and

WHEREAS, the City Attorney has prepared a Real Estate Transfer Agreement between the City of Midland and Eastman Ten Development, LLC to transfer said properties; now therefore

RESOLVED, that the City Manager is hereby authorized to execute all necessary contracts, agreements, leases, deeds and documents once approved by the City Attorney to complete the Real Estate Transfer Agreement between the City of Midland and Eastman Ten Development, LLC.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brooks 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 12,702 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $30,332.38 executed by the Purchasing Agent on October 15, 2010, is hereby approved.  (Motion ADOPTED.)

 

2010 CHIPPEWA RIVER WATER MAIN CROSSING; CONTRACT NO. 12

The following resolution was offered by Councilman Brooks 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 installation of a new 16” water main across and under the Chippewa River near the Tridge; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by J. Ranck Electric, Inc. of Mt. Pleasant, Michigan, for the "2010 Chippewa River Water Main Crossing; Contract No. 12", in the indicated amount of $120,895.43, 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.)

 

GAS COLLECTION AND CONTROL SYSTEM PUMPS

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

 

WHEREAS, Catskill Remedial Contracting Services, Inc. of Otsego supplied and installed a gas collection and control system (GCCS) at the Landfill and performed start-up in late September; and

WHEREAS, the primary function of the GCCS is continuous collection and destruction of gas generated by the decomposition of waste in the Landfill; and

WHEREAS, to maintain proper operation of the gas collection pipes buried in the waste, and as part of regulatory compliance, dewatering pumps were installed in the older waste areas to prevent leachate from blocking gas flow through the pipes; and

WHEREAS, staff has identified 15 additional gas collection wells where leachate removal pumps are necessary; and

WHEREAS, to reduce costs and maintain continuity, the identical pumps can be purchased directly from the sole source vendor, QED Environmental Systems of Ann Arbor; and

WHEREAS, sufficient funds are available for that purpose in the Landfill Fund Capital Project LF0707 – Gas Collection & Control System; now therefore

RESOLVED, that sealed proposals are hereby waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order is authorized to QED Environmental Systems in the amount of $40,655.00 for the supply and delivery of leachate removal pumps for the Landfill Gas Collection and Control System; and

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

 

Being no further business the meeting adjourned at 7:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk