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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the December 5, 2011
regular meeting was offered by Councilman Adams and seconded by Councilman Brown. (Motion ADOPTED.)
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.)
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.)
No public comments were made.
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.)
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
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)
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:
; and
RESOLVED FURTHER, that the
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.)
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.)
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.)
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.)
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
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, a public hearing was held by the
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