December 19, 2011

 

A regular meeting of the City Council was held on Monday, December 19, 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, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the December 5, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Brown.  (Motion ADOPTED.)

 

QUAD/GRAPHICS, INC. – IFT APPLICATION

City Assessor Reid Duford presented information on the request from Quad/Graphics, Inc. for an Industrial Facilities Tax Exemption Certificate within the Third Expanded Pendell Printing Industrial Development District No. 1.  A public hearing opened at 7:15 p.m. Pat Henderson, Quad/Graphics Midland Plant Director, spoke regarding the request.  Scott Walker, Executive Director of Midland Tomorrow, spoke in favor of the request.  The public hearing closed at 7:25 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the Third Expanded Pendell Printing Industrial Development District No. 1 was established by resolution of the Midland City Council on March 21, 1994; and       

WHEREAS, Quad/Graphics, Inc., made an application dated November 28, 2011, which was received by the City Clerk on November 29, 2011 for an Industrial Facilities Tax 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 $1,778,000 which is for new real and personal property with the same being located within the Third Expanded Pendell Printing Industrial Development District No. 1 to expand operations at the existing location, 1700 James Savage Road, Midland, Michigan.  The facility operates as a full-service web offset serving the short-run, special interest publication and catalog markets.  Services and capabilities include: plate making, digital printing, perfect binding, co-mailing and distribution.  The personal property request of $1,738,000 is for the addition of incremental presses, finishing equipment and automation, and the real property request of $40,000 is for building modification and renovation. The project is expected to retain 207 jobs and create 25 new jobs within two years of 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 December 19, 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; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities tax exemption certificate requested by Quad/Graphics, Inc. considered together with the aggregate amount of industrial facilities tax exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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 Tax Exemption certificate from Quad/Graphics, Inc., for a new facility approval within the Third Expanded Pendell Printing Industrial Development District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2024; and

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

 

2011-12 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Karen Murphy presented information on the 2011-12 Equipment Revolving Fund budget amendment in the amount of $23,000 for the replacement of unit #1-45, a wrecked police patrol car, and also amending the budget to reflect $17,950 in revenue from the insurance claim.  A public hearing opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:30 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

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, December 19, 2011 on the proposal to amend the 2011-12 budget of the Equipment Revolving Fund to recognize the unanticipated revenue and expense of replacing police patrol unit #1-45 that was totaled in an accident; and

WHEREAS, there are sufficient funds in the Equipment Revolving Fund working capital account to cover the remaining cost of the replacement vehicle; now therefore

RESOLVED, that the 2011-12 budget of the Equipment Revolving Fund is hereby amended to increase revenue by $17,950 to recognize proceeds from the insurance claim, and expenses by $23,000 for the purchase of a new police patrol car to replace the wrecked unit.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

TRAFFIC CONTROL ORDER S-11-06

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

 

RESOLVED, that Traffic Control Order No. S-11-06 filed October 12, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal at the intersection of Saginaw Road and Austin Street shall be removed and that Austin Street shall stop for Saginaw Road. 

is hereby made permanent.  (Motion ADOPTED.)

 

CITY AND COUNTY OF MIDLAND JOINT BUILDING AUTHORITY AUDIT

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

 

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2011 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

2011 LOCC DETERMINATIONS

City Clerk Selina Tisdale introduced a resolution rejecting the 2011 Determinations of the Local Officers’ Compensation Commission.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers' Compensation Commission has duly met and approved its 2011 Local Officers' Compensation Commission Determinations; and

WHEREAS, said determinations were officially filed by the Chairman of the Local Officers' Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on November 21, 2011; and

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the determinations made by the Local Officers' Compensation Commission shall become effective on December 21, 2011 unless said determinations are rejected by a 4/5 vote of the City Council; and

WHEREAS, copies of the 2011 Determinations of the Local Officers' Compensation Commission were on file in the Government Information Center at the Grace A. Dow Memorial Library and the Midland City Clerk's Office for public review; and

WHEREAS, the City Council, on December 19, 2011, heard public comments regarding the Local Officers' Compensation Commission's 2011 Determinations; now therefore

RESOLVED, after hearing public comments, the Midland City Council hereby rejects the 2011 Determinations of the Local Officers' Compensation Commission. (Motion DENIED.  Yeas:  None   Nays:  Adams, Brooks, Brown, Donker, Wazbinski)

 

OBSTACLE RACE EVENT – CITY FOREST AREA

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

 

RESOLVED, that the request from Kevin Heye, Midland Community Center and Brad Curell, alphARace, seeking permission to conduct an obstacle race event on Friday, June 1 and Saturday, June 2, 2012, in the City Forest area, utilizing amplified sound and charging a fee, is hereby approved subject to the following conditions:

  • The organizer must contact Karen Murphy, Director of Public Services, at 837-6909 to set up a meeting to review set-up of the stages, amplified sound and the electrical requirements.
  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 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 30 days prior to the event.
  • Use of the City Forest trails is non-exclusive.
  • The City Forest Chalet has been tentatively reserved for the event.  Formal arrangements will need to be made with the Parks and Recreation Department and the rental fee must be paid at least two weeks prior to the event.
  • The Department of Public Services will provide dumpster service at a prearranged cost.
  • The organizer is responsible for all clean-up of trash following the event.
  • The organizer must contact Fire Marshal Chris Coughlin at 837-3413, for review of the food preparation equipment.  Food vendors must comply with Department of Health requirements.
  • City approval is contingent upon Midland County Road Commission approval to close Monroe Road.  Traffic control map for closure must be submitted to the City Engineer 30 days prior to event.  Also, organizers must have someone in charge of moving the barricades for emergency access.  The Fire Department will use alternate routes for emergency responses when possible.
  • Community Special Event sign procedures must be followed.  Contact Brian McManus, City Engineer, at 837-3353, with any questions regarding placement of the signs.  The signs shall be placed outside of required clear vision corners and should not obstruct the vision of motorists.  Signs shall be removed at the conclusion of the event.
  • City will review need for cost recovery for City expenses if event requires unique or non-standard efforts on City’s part.

; and

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

 

EASEMENT AGREEMENT – SUPERIOR METAL RECYCLING

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

 

RESOLVED, that the attached revised Easement Agreement from the City of Midland to SMR, LLC, (Superior Metal Recycling) for the water main extension on city-owned property at the Midland Landfill site on Ashman Street in Section 12, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

ADDITIONAL PURCHASE OF REFUSE AND YARD WASTE CARTS

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

 

WHEREAS, the Department of Public Services regularly purchases carts for sale to the public for curbside collection of refuse and yard waste; and

WHEREAS, sufficient funding for such purchases is included in the General Fund / Rubbish and Refuse Collection operating budget for FY 2011-12; now therefore

RESOLVED, that the Purchasing Agent is authorized to approve a purchase order to Schaefer Systems International of Charlotte, North Carolina in the amount of $24,569.58 for the purchase of additional carts.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,700 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $39,825.90 executed by the Purchasing Agent on December 9, 2011, is hereby approved.  (Motion ADOPTED.)

 

CHANGE ORDER NOS. 6 & 7 – GAS-TO-ENERGY PLANT

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

 

WHEREAS, the original contract with The Christman Company (Christman) of Lansing for the design and construction of the Gas-to-Energy Plant and Compressor Facility was $8,682,638.00; and

WHEREAS, Change Order Nos. 1 through 5 resulted in a net reduction of $37,369.00 to the contract, making the amended contract value $8,645,269.00; and 

WHEREAS, Change Order Nos. 6 & 7 are now required to finalize the contract with Christman and to provide for efficient and continuous operation of the GTE system; and

WHEREAS, Change Order No. 6 includes the addition of stone materials being placed at the GTE Compressor facility at the Landfill, and residual costs associated with the inter connection to Consumers Energy at the GTE Electric Generation Facility adjacent to the City’s Wastewater Treatment Plant (WWTP), for a total increase to the Christman contract of $29,019.00; and

WHEREAS, Change Order No. 7 includes 1) the installation of a stainless steel low point sump to remove condensate from the 3-mile landfill gas pipeline, 2) the installation of additional fittings on the WWTP digester building heating supply and return lines for heat exchange, 3) the installation of a second methane analyzer panel at the GTE Electric Generation Facility to indicate digester methane concentration levels, 4) additional piping at the outlet of the GTE Compressor facility, and 5) electrical engineering services for review of Consumers Energy Power Factor agreements, for a total increase of $23,543.00; and

WHEREAS, funding for the change orders is provided in the Gas-to-Energy project; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order Nos. 6 & 7 in an aggregate amount of $52,562.00 ($29,019.00 + $23,543.00), thereby increasing the total amount of the contract with The Christman Company to $8,697,831.00.  (Motion ADOPTED.)

 

CIVIC ARENA HEAT EXCHANGER REPLACEMENT

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

 

WHEREAS, the City’s 107,000-square-foot Civic Arena utilizes refrigeration equipment for producing and maintaining ice, which creates heat; and

WHEREAS, the wasted heat is used to supplement the heat generated from the facility’s boiler to heat the water for domestic use, which is made possible with a heat exchange unit; and

WHEREAS, the Civic Arena’s existing heat exchange unit has become inoperable, causing an increased reliance on the facility’s boiler system, and increasing operating costs; and

WHEREAS, the City of Midland continues to be active and engaged in projects to reduce energy costs, and in April 2010, the City received an Energy Efficiency and Conservation Block Grant (EECBG), funded by the American Reinvestment and Recovery Act 2009 (ARRA), and administered through the Department of Energy, in the amount of $195,200.00; and

WHEREAS, the replacement of the Civic Arena heat exchanger was determined to be an authorized use of the residual EECBG funds; and 

WHEREAS, on November 22, sealed bids were received and opened for Bid No. 3383, Heat Exchanger Replacement, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, bid specifications for the heat exchanger replacement, and review of bid submittals were facilitated by the Civic Arena Manager, with assistance from Wastewater staff; and

WHEREAS, the low bid received was an alternate bid from Serv-Ice Refrigeration of Northville in the amount of $21,000.00, did not meet the City’s specifications, and is deemed non-compliant; and

WHEREAS, the low compliant bid received from William E Walter of Flint in the amount of $24,950.00 for the purchase and installation of a CADS 64M8/1P-12T (C) DRC NH3 Desuperheater heat exchanger meets City specifications, and is acceptable; and

WHEREAS, funding is provided by the EECBG in Project GG0904 – Energy Efficiency Grant; now therefore

RESOLVED, that the low compliant bid submitted by William E Walter of Flint in the amount of $24,950.00 for the purchase and installation of a CADS 64M8/1P-12T (C) DRC NH3 Desuperheater heat exchanger at the Civic Arena, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $3,000.00.  (Motion ADOPTED.)

 

ZONING PETITION NO. 576

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, October 11, 2011 for property located at 4671 South Saginaw Road for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 9, 2012, 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 December 22, 2011 and to publish said notice on December 24, 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 REGIONAL COMMERCIAL ZONING WHERE A RESIDENTIAL A-1 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:

Part of the Northwest Fractional 1/4 of Section 1, T13N-R02E, City of Midland, Midland County, MI. Being further described as:

Commencing at the intersection of the centerlines of Midland Road and Bailey Bridge Road as previously surveyed and monumented; thence N39°34'26"E, along the centerline of Bailey Bridge Road, 50.33', to the Northerly Right-of-Way of Midland Road, said Right-of-Way being 50' from centerline; thence S57°02'04"E, along said Right-of-Way, 165.50' to the Point of Beginning; Thence N39°34'26"E, parallel with the centerline of Bailey Bridge Road, 131.17'; thence S57°02'04"E, parallel with the centerline of Midland Road, 137.50'; thence N39°34'26"E, parallel with the centerline of Bailey Bridge Road, 29.72'; thence S57°02'04"E, parallel with the centerline of Midland Road, 146.00'; thence S39°34'26"W, parallel with the centerline of Bailey Bridge Road, 160.89', to the Northerly Right-of-Way of Midland Road; thence N57°02'04"W, along said Northerly Right-of-Way, 283.50' to the Point of Beginning.  Containing 0.947 acres, more or less, and is subject to any and all easements and/or rights of way whether used, implied or of record.

Be, and the same is hereby changed to Regional Commercial.

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.)

 

Being no further business the meeting adjourned at 7:35 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk