June 13, 2011

 

A regular meeting of the City Council was held on Monday, June 13, 2011, 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 May 23, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Johnson.  (Motion ADOPTED.)

 

AMATEUR RADIO WEEK/DAY

Community Relations Director Selina Tisdale introduced Lee Hodges, President of the Midland Amateur Radio Club.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 20 – 26, 2011, as Amateur Radio Week and June 25, 2011, as Amateur Radio Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Lee Hodges with the proclamation.

 

STYRON, LLC – IFT REQUEST

City Assessor Reid Duford introduced a request from Styron, LLC for an Industrial Facilities Tax (IFT) Exemption Certificate within The Dow Chemical Company Plant Rehabilitation District No. 1.  A public hearing opened at 7:25 p.m.  Catherine Maxey, Vice President for Public Affairs, Styron, spoke regarding Styron, LLC and the IFT request.  The public hearing closed at 7:35 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, Styron, LLC made an application dated May 17, 2011, which was received by the City Clerk on May 17, 2011 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 $1,130,000 which is for new personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to allow installation of new equipment for the Verde-Binder Preparation Project, which will utilize raw material in Styron’s Midland Latex Plant.  The project is expected to retain 1-2 existing jobs upon 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 June 13, 2011, 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 Styron, LLC 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 Styron, LLC for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2023; and

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

 

STYRON, LLC REQUEST FOR IFT CERTIFICATE TRANSFER FROM DOW CHEMICAL

City Assessor Reid Duford presented information on the request to transfer Industrial Facilities Tax Exemption Certificate No. 2008-532 from The Dow Chemical Company to Styron, LLC.  A public hearing opened at 7:45 p.m., recognizing no comments, the hearing closed at 7:45 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

WHEREAS, The Dow Chemical Company was issued Industrial Facilities Exemption Certificate No. 2008-532 which has a real property component of -0- and a personal property component of $4,500,000; and

WHEREAS, The Dow Chemical Company Industrial Facilities Exemption Certificate No. 2008-532 is located within The Dow Chemical Company Plant Rehabilitation District No.1, established September 25, 1978; and

WHEREAS,  The Dow Chemical Company has requested the City Council to approve a transfer of certificate No. 2008-532 personal property component of $4,500,000, as a result of the sale of personal property assets, dated June 17, 2010, from The Dow Chemical Company to Styron, LLC; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by The Dow Chemical Company to transfer Industrial Facilities Exemption Certificate No. 2008-532, due to expire December 30, 2021, to Styron, LLC at the existing location, MI OP’s 433-B Building, Midland, Michigan, within The Dow Chemical Plant Rehabilitation District No. 1, established September 25, 1978; 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. 2008-532 to Styron, LLC based on the June 17, 2010, sale of equipment from The Dow Chemical Company to Styron, LLC.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Dr. Eugene Moore, 5600 Woodview Pass, spoke regarding communications during the budget process, costs to remove the former jail and possible uses and the hiring of two new police officers. 

 

WATER RATES ORDINANCE AMENDMENT (1st reading)

Utilities Director Noel Bush presented information on an amendment to Section 18-52 – Water Rates.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)  For each one thousand (1,000) gallons used per quarter: $1.22        $1.25

(2)  In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4”

    $32.85

$33.44

1"

$42.71

$43.47

1- 1/2"

$52.56

$53.51

2"

$85.41

$86.95

3"

$328.50

$334.41

4"

$427.05

$434.74

6"

$624.15

$635.38

8"

$886.95

$902.92

(3)  Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect July 1, 2011.  (Motion ADOPTED.  Considered first reading.)

 

SITE PLAN NO. 301 – SUPERIOR METAL RECYCLING, INC.

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 301, the request of Superior Metal Recycling, Inc. for a 4,800 square foot recycling center located at 4203 East Ashman Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 301 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. 301, contingent upon the following:

      1.   The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   A landscape plan is required and all landscaping shall comply with Article 6 of the Zoning Ordinance to include the installation of 154 trees and 35 scrubs.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance with a photometric plan required for submittal at the time of applying for a building permit.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   A soil & sedimentation control plan is required as the project is in excess of one acre in size and shall be reviewed and approved by the City of Midland Building Department.

      6.   No occupancy or business operations shall commence until the completion of all site improvements.

      7.   The petitioner shall extend the left turn lane striping on Ashman Street.

      8.   A raised concrete curb is required for the “right-out only” drive approach.

(Motion ADOPTED.)

 

FINAL PLAT OF BROADHEAD ESTATES NO. 4

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

 

WHEREAS, the Final Plat of Broadhead Estates No. 4 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Broadhead Estates No. 4, in accordance with Section 23-19 of the Code of Ordinances of the City of Midland, contingent upon installation of a 32’ radius temporary cul-de-sac capable of supporting a 60,000 pound vehicle at the end of Broadhead Drive; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

NON-MOTORIZED TRANSPORTATION PROJECT IMPROVEMENT FUND

Planning and Community Development Director Keith Baker introduced a resolution acknowledging a matching challenge grant from Mr. David and Mrs. Patti Kepler to the Midland Area Community Foundation Non-Motorized Transportation (NMT) Project Improvement Fund in the amount of $25,000.  Ken Andrews, member of the Non-Motorized Transportation Committee, spoke in support of the generous donation.  David Kepler also acknowledged the benefits of the NMT project to the Midland Community.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

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

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

WHEREAS, the Non-Motorized Transportation Project Improvement Fund has been established through the Midland Area Community Foundation for the purpose of promoting and funding non- motorized transportation improvement projects within the City of Midland; and

WHEREAS, Mr. David and Mrs. Patti Kepler, Midland residents and avid bicyclists, have announced a matching challenge grant through the new fund in the amount of $25,000; now therefore

RESOLVED, that the Midland City Council hereby acknowledges the grant in the amount of $25,000 from Mr. David and Mrs. Patti Kepler to the Midland Area Community Foundation Non-Motorized Transportation Project Improvement Fund and furthermore expresses its appreciation to Mr. and Mrs. Kepler for their generous gift to the community.  (Motion ADOPTED.)

 

JULY 2011 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2011 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2011 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2011 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2011 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2011 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2011 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2011 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2011 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2011; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2011 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2011 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2011 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

             1996 Street Improvement                                                            $    3,793.87

             2008 Street Improvement                                                                  8,904.00

                          Subtotal Street Improvement Rolls                                $   12,697.87

Sanitary Sewer Improvement Rolls

            1996 Sanitary Sewer Improvement                                            $     2,109.24

            2003 Sanitary Sewer Improvement                                                 15,085.21

            2009 Sanitary Sewer Improvement                                                 37,381.60

                          Subtotal Sanitary Sewer Improvement Rolls                 $   54,576.05

Sidewalk Improvement Rolls

            2006 Sidewalk Improvement                                                       $        491.20

            2007 Sidewalk Improvement                                                              2,602.80

            2009 Sidewalk Improvement                                                              7,395.18

                          Subtotal Sidewalk Improvement Rolls                           $   10,489.18

2011 Downtown Economic Revitalization Roll (SARA)                          $   36,011.49

Accounts Receivable Roll                                                                       $   29,355.54

TOTAL SPECIAL ASSESSMENT ROLL                                               $ 143,130.13

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2011 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

SALE OF 1514 JEFFERSON AVENUE

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a house at 1514 Jefferson Avenue in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated May 18, 2011, was submitted by Paula A. Pretzer in the amount of  $79,900.00; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; 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.)

 

MUSIC ON MAIN / RIVERDAYS AFTERGLOW EVENT

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

 

RESOLVED, that the request from the Downtown Development Authority to host a Music on Main/Riverdays Afterglow event in the downtown area on Friday, July 15, 2011, from 9:30 p.m. – midnight, utilizing amplified sound and the public right-of-way, is hereby approved subject to the following conditions:

  • The areas adjacent to any doorway used for egress from a building shall be kept clear of obstructions.
  • An area of at least a three foot radius shall be kept around all fire hydrants and connections to sprinkler/standpipe connections.
  • A minimum 20 foot wide fire lane shall be maintained on streets during their closure.
  • Barricades at the various intersections may have to be moved should the fire department require access.

;and

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

 

TEMPORARY OUTDOOR SERVICE LIQUOR LICENSES

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

 

RESOLVED, that the City Council hereby approves the request of The H Hotel to conduct the sale of alcohol on June 20, 2011 as  indicated on the LCC Application for Temporary Authorization and the requests of Diamond Jim’s and Oscars Restaurant to serve alcohol on July 15, 2011 as indicated on their LCC Applications for Temporary Authorization  and the City Clerk is hereby authorized and directed to sign said applications.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $40,186.60 executed by the Purchasing Agent on May 17, 2011, is hereby approved.  (Motion ADOPTED.)

 


DIESEL FUEL PURCHASE

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

 

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 12,600 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $40,055.40 executed by the Purchasing Agent on May 19, 2011, is hereby approved.  (Motion ADOPTED.)

 

SENIOR HOUSING HEALTH CARE SERVICES AGREEMENT

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

 

WHEREAS, a bid to provide optional services to the regular residents of Riverside Place and Washington Woods and Supportive Living services to those enrolled residents of Riverside Place was awarded to Heartland Home Health Care Services, LLC, d/b/a Heartland Home Health Care on June 23, 2008, who has since successfully met the terms of the expiring three-year agreement; and

WHEREAS, the city’s senior living communities would like to extend the existing agreement with Heartland Home Health Care Services, LLC, 1426 Straits Drive, Bay City, Michigan, to provide optional services to the regular residents of Riverside Place and Washington Woods and Supportive Living services to those enrolled residents of Riverside Place; and

WHEREAS, the agreement is for a three-year period beginning June 23, 2011, during which the cost may be adjusted annually by no more than the CPI percentage for Medical Care Services, North Central Region; and

WHEREAS, Heartland Home Health Care Services, LLC, has agreed not to increase the Supportive Living services base rates for this agreement running from June 23, 2011 to June 22, 2014; and

WHEREAS, the Senior Housing residents will pay for these services on a User Fee basis; and

WHEREAS, the agreement has been reviewed by the City Attorney and Heartland Home Health Care Services; now therefore

RESOLVED, that the agreement between Heartland Home Health Care Services, LLC and the City of Midland is hereby approved and accepted as most favorable to the City; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to sign the agreement drafted and approved by the City Attorney in accord with the proposal and the City’s specifications.  (Motion ADOPTED.)

 

CURRIE GOLF COURSE IRRIGATION EQUIPMENT PURCHASE

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

 

WHEREAS, the computerized component of the Currie West golf course irrigation system has failed and needs to be replaced with upgraded equipment; and

WHEREAS, the upgraded equipment is proprietary to the Toro irrigation system controllers that control over 800 sprinkler heads; and

WHEREAS, Spartan Distributors of Auburn Hills, Michigan is the sole provider of the Toro irrigation components; and

WHEREAS, sufficient funding is available in the Golf Course Fund capital outlay accounts; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances of the City of Midland, sealed proposals are deemed impractical due to there being a sole provider of the required irrigation computerized system components, and the proposal submitted by Spartan Distributors of Auburn Hills, Michigan in the amount of $20,435.03 is hereby accepted and a purchase order authorized.  (Motion ADOPTED.)

 

CONTRACTED APPRAISAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture has appealed the assessment of both real and personal property for the 2010 and 2011 tax years with the Michigan Tax Tribunal; 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 this matter; and

WHEREAS, on August 23, 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 $100,000; 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 and 2011-2012 Appraisal Fees budgets 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 $200,000.  (Motion ADOPTED.)

 

CONTRACTED LEGAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture has appealed the assessment of both real and personal property for the 2010 and 2011 tax years with the Michigan Tax Tribunal; 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 this matter; and

WHEREAS, on August 23, 2010 City Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. for the aforementioned services in a total amount not to exceed $200,000; 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 and 2011-2012 Legal Fees budgets 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 $300,000.  (Motion ADOPTED.)

 

PO INCREASE FOR GENERAL ENGINEERING SERVICE - LANDFILL

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

 

WHEREAS, the City’s landfill engineering consultant, CTI and Associates, Inc. of Wixom, routinely assists Landfill staff with general engineering support, which may include work to review special waste profiles, support with regulatory issues that arise through site and reporting reviews by the Michigan Department of Environmental Quality (MDEQ), survey work, and small design projects; and

WHEREAS, each year, funds are budgeted for general engineering support, and an administratively approved purchase order is made in the amount of $20,000.00; and

WHEREAS, this year, the addition of weekly compliance analysis for the landfill gas collection well field and required quarterly surface scans testing for gas leaks, along with the requirement for a cell survey, have resulted in the need for a purchase order increase to close out the 2010/11 fiscal year; and

WHEREAS, funding for general engineering assistance needs is budgeted in the 2010/11 Landfill accounts 517.8110.80.002 – Professional Services and 517.8110.81.004 – Testing; now therefore

RESOLVED, that an increase of $20,000.00 to the existing purchase order of $35,000.00 to CTI and Associates, Inc., bringing the total purchase order to $55,000.00, to continue providing general engineering, design, and regulatory compliance support is hereby authorized.  (Motion ADOPTED.)

 

PUMP REPLACEMENT – MOORLAND & WYMAN PUMP STATIONS

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

 

WHEREAS, on April 26, 2011, a lone bid was received for Bid No. 3328, Pump Replacement, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bid by Kennedy Industries of Milford specified two ‘N’ design Flygt dry-pit submersible pumps, an NT-3127.181, to be installed at the Moorland Pump Station, and an NZ-3202.180, to be installed at the Wyman Pump Station, in the amount of $35,710.00; and

WHEREAS, funding has been budgeted for the purpose of pump replacement in the 2010/11 Wastewater Fund, account #590.9010.97.002 – Capital Equipment; now therefore

RESOLVED, that a purchase order to Kennedy Industries in the amount of $35,710.00 for two new submersible pumps, one for the Moorland Pump Station, and one for the Wyman Pump Station, is hereby authorized.  (Motion ADOPTED.)

 

BOOK ORDERING & PROCESSING SERVICES – BRODART CONTRACT EXTENSION

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Company has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2011/2012; now therefore

RESOLVED, that the current contract with Brodart Company for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2011/2012 in an amount not to exceed $210,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

ZONING PETITION NO. 574

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, May 10, 2011 for property located at 204 Commerce Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Larkin Township to Residential A-2 and Residential A-4 zoning classification; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 18, 2011, 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 notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on or before July 1, 2011 and to publish said notice on July 2, 2011.

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 MAP TO PROVIDE A RESIDENTIAL A-2 AND RESIDENTIAL A-4 ZONING WHERE A LARKIN TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

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:

PARCEL 1:

PART OF THE SOUTH ½ OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 28, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MI. DESCRIBED AS; BEGINNING ON THE EAST LINE OF SAID SECTION 28 N 00 DEG 01 MIN 10 SEC W 234.0 FT. FROM THE SOUTHEAST SECTION CORNER; THENCE N 00 DEG 01 MIN 10 SEC W 425.82 FT. ALONG THE EAST SECTION LINE; THENCE S 89 DEG 49 MIN 52 SEC W 1422.6 FT.; THENCE S 00 DEG 01 MIN 10 SEC E 619.73 FT.; THENCE ALONG A 870.0 FT. RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEG 56 MIN 37 SEC AND A CHORD BEARING AND DISTANCE OF 88 DEG 52 MIN 59 SEC E 29.51 FT. ALONG THE NORTHERLY RIGHT OF WAY OF COMMERCE DRIVE; THENCE N 89 DEG 51 MIN 18 SEC E 930.59 FT. ALONG THE NORTH RIGHT OF WAY OF COMMERCE DRIVE; THENCE N 00 DEG 01 MIN 10 SEC W 194.0 FT.; THENCE N 89 DEG 51 MIN 18 SEC E 462.5 FT. PARALLEL TO THE SOUTH SECTION LINE TO THE PLACE OF BEGINNING.  CONTAINING 18.17 ACRES MORE OR LESS.  SUBJECT TO JEFFERSON ROAD RIGHT OF WAY AND ANY OTHER EASEMENTS OF RECORD.


PARCEL 2:

PART OF THE SOUTH ½ OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 28, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MI. DESCRIBED AS; BEGINNING ON THE SOUTH LINE OF SAID SECTION 28 S 89 DEG 51 MIN 18 SEC W 1653.77 FT. FROM THE SOUTHEAST SECTION CORNER; THENCE S 89 DEG 51 MIN 18 SEC W 979.76 FT, ALONG THE SOUTH SECTION LINE; THENCE N 00 DEG 07 MIN 12 SEC E 658.73 FT. ALONG THE NORTH AND SOUTH ¼ LINE; THENCE N 89 DEG 49 MIN 52 SEC E 1209.33 FT; THENCE S 00 DEG 01 MIN 10 SEC E 619.73 FT.; THENCE ALONG A 870.0 FT. RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15 DEG 29 MIN 53 SEC AND A CHORD BEARING AND DISTANCE OF S 80 DEG 09 MIN 44 SEC W 234.61 FT. ALONG THE NORTHERLY RIGHT OF WAY OF COMMERCE DRIVE TO THE PLACE OF BEGINNING.  CONTAINING 18.17 ACRES MORE OR LESS.  SUBJECT TO ANY EASEMENTS OF RECORD.

Be, and the same is hereby changed to Parcel 1 – Residential A-2 and Parcel – 2 – Residential A-4. 

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.  Considered first reading.)

 

PROPOSED 2011-12 GOLF COURSE FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accordance with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, June 27, 2011, in the Council Chambers of City Hall on the proposal to amend the 2011-12 Currie Municipal Golf Course Fund budget to increase capital expenditures by $681,666 to fund building and course modifications to the Currie Golf Complex, and equipment purchases for the maintenance thereof.  (Motion ADOPTED.)

 

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

 

 

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            Selina Tisdale, City Clerk