May 7, 2012
A regular meeting of the City Council was held on Monday, May 7, 2012,
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 April 23, 2012 regular and April 30, 2012
special meetings was offered by Councilman Brown and seconded by Councilman Brooks. (Motion ADOPTED.)
Recreation Director Marcie Post introduced Mayor Donker who helped
recognize 35 elementary and middle school students for outstanding work in
creating posters for the 2012 Make Midland Beautiful Art Celebration.
Communications Coordinator Libby Richart introduced Cheri King, first
Vice President of Keep Michigan Beautiful, Inc., who accepted a Proclamation
recognizing Keep Michigan Beautiful for 50 years of service to the cleanup and
beautification of Michigan. The
following resolution was then offered by Councilman Adams and seconded by
Councilman Brown:
RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Keep Michigan Beautiful, Inc. for its 50 years of service to the State of Michigan and its communities, and on the celebration of the organization’s 50th Anniversary. (Motion ADOPTED.) Mayor Donker presented Cheri King with the proclamation.
Communications Coordinator Libby Richart introduced Sid Allen, CEO of
the Midland Area Chamber of Commerce. The
following resolution was then offered by Councilman Wazbinski and seconded by
Councilman Brooks:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 19, 2012 as Midland Blooms Day in Midland. (Motion ADOPTED.) Mayor Donker presented Sid Allen with the proclamation.
Communications Coordinator Libby Richart introduced Memorial
Presbyterian Associate Pastor Reverend Wally Mayton. The following resolution was then offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing the new community initiative Midland Neighboring and encouraging all Midland citizens to be active, caring neighbors for the betterment of our community. (Motion ADOPTED.) Mayor Donker presented Reverend Wally Mayton with the proclamation.
City Assessor Reid Duford presented information on a request from ECO
Bio Plastics Midland, Inc. for an Industrial Development District. A public hearing opened at 7:30 p.m. Adrian Merrington, CTO for ECO Bio Plastics,
spoke regarding the project. Scott
Walker, Executive Director for Midland Tomorrow, spoke in support of the
project. The public hearing closed at
7:43 p.m. The following resolution was
offered by Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, ECO Bio Plastics Midland, Inc., by means of a letter dated
March 30, 2012, which was received by the City Clerk on March 30, 2012, has
requested the establishment of an Industrial Development District with the
proposed district being described as follows:
PART OF THE NORTH ˝
OF SECTION 35, T12N R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEING
FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER ON SAID
SECTION 35; THENCE S89DEG 25MIN 47SEC EAST 796.58 FEET ALONG THE NORTH SECTION
LINE; THENCE S00DEG 34MIN 13SEC WEST 1,285.48 FEET; THENCE S89DEG 25MIN 47SEC
EAST 1,187.82 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION 35; THENCE
S01DEG 13MIN 43SEC WEST 299.15 FEET TO THE POINT OF BEGINNING; THENCE S89DEG
25MIN 47SEC EAST 500 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION 35;
THENCE S01DEG 13MIN 43SEC WEST 625.51 FEET; THENCE NORTH 76DEG 49MIN 43SEC WEST
459.26 FEET; THENCE N76DEG 50MIN 9SEC WEST 51.77 FEET; THENCE N01DEG 13MIN
43SEC EAST 514.03 FEET TO THE POINT OF BEGINNING, CONTAINING 6.54 ACRES AND
SUBJECT TO ANY AND ALL EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER USED, IMPLIED OR
OF RECORD.
; and
WHEREAS, ECO Bio Plastics Midland, Inc., is
the property owner of more than 75% of the SEV of the industrial property
within the proposed district; and
WHEREAS, the request for the establishment of the proposed district is
in connection with a probable future replacement facility or new facility, the
construction, acquisition, alteration or installation of which has not
commenced at the time the request was filed; and
WHEREAS, the City Council of the City of Midland has caused written
notice by certified mail to be sent to the owners of all real property within
the proposed Industrial Development District and has held a public hearing on
May 7, 2012, to afford the owner and any other resident or taxpayer of the City
of Midland an opportunity to be heard on the petition of ECO Bio Plastics
Midland, Inc., for the establishment of this Industrial Development District;
now therefore
RESOLVED, it appears and it is hereby determined that the applicable
criteria contained in Section 4 of Public Act
RESOLVED FURTHER, that the above described
property is hereby established as the ECO Bio Plastics Industrial Development
District No. 1 within the meaning of said Public Act
Assistant City Manager for Financial Services David Keenan presented the
City Manager’s Proposed 2012-13 Budget. A public hearing opened at 8:05 p.m.,
recognizing no public comments, the hearing closed at 8:05 p.m.
Assistant City Manager for Financial Services David Keenan presented an
amendment to the 2011-12 Budgets and Financial Working Plans. A public hearing opened at 8:20 p.m.,
recognizing no public comments, the hearing closed at 8:20 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, in
accord with Sections 5.11 and 11.6 of the Charter of the City of Midland, and
after having given proper legal notice and having conducted a public hearing on
Monday, May 7, 2012 on the proposal to amend the 2011-12 budgets and financial
working plans to reflect the estimates submitted during the 2012-13 budget
process; now therefore
RESOLVED, the
budgets and working plans of the City of Midland be amended as follows:
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(Motion ADOPTED.)
Director of Community Development Brad Kaye presented the Proposed 2012-13 Community Development Block Grant Budget. A public hearing opened at 8:30 p.m.,
recognizing no public comments, the hearing closed at 8:30 p.m. Mayor Donker indicated the organization, for
which she works, The Reece Endeavor, has a CDBG request in the agenda
item. Councilman Adams indicated his
wife works for Safe and Sound Child Advocacy which also has a CDBG request
seeking approval. The following
resolution was then offered by Councilman Brooks and seconded by Councilman
Wazbinski:
WHEREAS, the City of Midland expects to receive $215,226 in Community Development Block Grant (CDBG) funds for fiscal year 2012-13; and
WHEREAS, it is anticipated that the city will receive $32,000 in 2012-13 program income, and an anticipated fund balance of $183,489 will be carried over from prior fiscal years; and
WHEREAS, on January 30, 2012, the Midland City Housing Commission unanimously recommended approval of this budget; and
WHEREAS, a public hearing was held by the City Council on May 7, 2012, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the 2012-2013 Community Development Block Grant Budget as set forth in the attached table; and
WHEREAS, this budget provides funds to local agencies for the purpose of providing specific services to low- and moderate-income individuals and families; and
WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore
RESOLVED, that the City Council hereby adopts the proposed 2012-2013 Community Development Block Grant budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program; and
RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute Subrecipient Agreements on behalf of the City, following approval by the City Attorney. (Motion ADOPTED.)
DDA Executive Director Selina Tisdale presented information on an
ordinance to amend the Downtown Development Authority Tax Increment Financing
Plan No. 1, Amendment 3. A public
hearing opened at 8:40 p.m. Gerald
Kelcherman, 613 E. Buttles Street, expressed concern about the future
intentions of the area and residential property acquisition planned by the City
or DDA. TJ McCann, 307 Norfolk, spoke in
favor of the expansion and expressed a desire to take the expansion two blocks
further to Grove Street. Marcia
Blackson, property owner at 505 Rodd Street, inquired about property owner
notification about future developments.
Shawn Spitnale, 1414 W. Pine Street, inquired whether or not her
property was in the expanded district.
The public hearing closed at 8:50 p.m.
The following resolution was then offered by Councilman Adams and
seconded by Councilman Brown:
WHEREAS, the City of Midland, Counties of Midland and Bay, State of
Michigan (the “City”), is authorized by the provisions of Act 197, Public Acts
of Michigan, 1975, as amended (“Act 197”), to create a downtown development
authority; and
WHEREAS, pursuant to Act 197, the City Council of the City duly
established the City of Midland Downtown Development Authority (the
“Authority”) which exercises its powers within the Downtown District designated
by the City Council (the “District”); and
WHEREAS, the City Council approved the Authority’s Tax Increment
Financing Plan and Development Plan No. 1 (the “Plan”), for the Development
Area described in the Plan on December 11, 1989, as amended on December 16,
1991, pursuant to an ordinance duly adopted by the City; and
WHEREAS, in accordance with the provisions of Act 197, the Authority has
prepared and submitted to the City Council for approval the amendments to the
Plan attached hereto as Exhibit A (the “Plan Amendments”); and
WHEREAS, prior to approval of the Plan Amendments, it is necessary to
conduct a public hearing in connection with the consideration of such proposed
ordinance as required by Act 197; and
WHEREAS, in accordance with the process outlined in Act 197 of 1975, as
amended, and prior to said public hearing the City Clerk caused notice of the
public hearing in the following manners:
published in the Midland Daily News, a newspaper of general
circulation in the City, twice before the public hearing, each time not less
than 20 and not more than 40 days before the date set for the public hearing as
a display advertisement prominent in size; sent notice by first class mail not
less than 20 days prior to the hearing to all property taxpayers of record in
the proposed authority district as shown by the most recent tax roll of the
City; sent notice to by certified mail to the governing body of each taxing
jurisdiction levying taxes subject to capture by the DDA; and posted the notice
in 20 prominent places in proposed amended district not less than 20 days prior
to the date of hearing; now therefore
RESOLVED, that the City Council hereby acknowledges receipt of the Plan
Amendments from the Authority and consistent with
applicable state statutes, to accommodate the mandatory 60-day comment period,
the adoption of said resolution to amend the TIF Plan and DDA boundaries will
be considered no earlier than July 6, 2012.
(Motion ADOPTED.)
DDA Executive Director Selina Tisdale presented information on an
ordinance to amend Section 30-5 – Downtown Development Authority District
Boundaries. A public hearing opened at
9:00 p.m., recognizing no public comments, the hearing closed at 9:00 p.m. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Brown:
WHEREAS,
the City of Midland, Counties of Midland and Bay, State of Michigan (the
“City”), is authorized by the provisions of Act 197, Public Acts of Michigan,
1975, as amended (“Act 197”), to create a downtown development authority and to
designate its boundaries; and
WHEREAS,
the City has established the City of Midland Downtown Development Authority
(the “DDA”) and designated the boundaries of the downtown district (the
“District”); and
WHEREAS,
the DDA has requested the City to expand the boundaries of the DDA for the
purpose of adding property to the District to further encourage economic growth
and correcting and preventing deterioration in the business portions of the
District; and
WHEREAS,
a proposed ordinance designating the amended District boundaries has been
presented to City Council; and
WHEREAS,
it is necessary to conduct a public hearing in connection with the
consideration of such proposed ordinance as required by Act 197; and
WHEREAS,
in accordance with the process outlined in Act 197 of 1975, as amended, and
prior to said public hearing the City Clerk caused notice of the public hearing
in the following manners: published in
the Midland Daily News, a newspaper of general circulation in the City,
twice before the public hearing, each time not less than 20 and not more than 40
days before the date set for the public hearing as a display advertisement
prominent in size; sent notice by first class mail not less than 20 days prior
to the hearing to all property taxpayers of record in the proposed authority
district as shown by the most recent tax roll of the City; sent notice by
certified mail to the governing body of each taxing jurisdiction levying taxes
subject to capture by the DDA; and posted the notice in 20 prominent places in
proposed amended district not less than 20 days prior to the date of hearing;
now therefore
RESOLVED, that the City Council hereby acknowledges
receipt of the request to amend the DDA boundaries from the Authority and, consistent with applicable state statutes to accommodate the
mandatory 60-day comment period, the adoption of said resolution to amend the
DDA boundaries will be considered no earlier than July 6, 2012. (Motion ADOPTED.)
No public comments were made.
City Manager Jon Lynch introduced Scott Walker, Executive Director of
Midland Tomorrow, who presented information on the adoption of a policy
regarding consideration and issuance of Industrial Facilities Tax
Abatements. The following resolution was
then offered by Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, from time to time the City of Midland receives and acts on requests for Industrial Facilities Tax abatements filed in accord with Public Act 198 of 1974; and
WHEREAS, Council wishes to ensure that such tax abatements have a positive economic impact on businesses and the community; and
WHEREAS, at the request of the City of Midland, Midland Tomorrow has prepared a draft policy for consideration, approval, and monitoring of such tax abatements; and
WHEREAS, on March 23rd Council reviewed the draft policy and requested that it be presented for formal adoption; now therefore
RESOLVED, that the Industrial Facilities Tax Abatement Administrative Policy is hereby adopted. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the quarterly financial information of the City of Midland, for the quarter ended March 31, 2012, 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.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the City
RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to approve all sales with the proceeds to be credited to the appropriate departmental budget at the time of sale. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the attached Easement Agreement from The Dow Chemical Company (with lease to Dow Kokam) to the City of Midland, for public water mains on their private site on Saginaw Road in Section 22, 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 Brown and seconded by
Councilman Brooks:
RESOLVED, that
Traffic Control Order No. S-12-01 filed February 24, 2012 pursuant to Chapter
24 of the Code of Ordinances to establish traffic control as follows:
That
McKinley Street shall yield to Hollybrook Drive.
is hereby made permanent. (Motion ADOPTED.)
The following
resolution was offered by Councilman Brown and seconded by Councilman Brooks:
RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2012-2013 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $345,000.00 is hereby approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Robert Rathbun to the Downtown Development Authority to fill a term to expire May 1, 2016. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the request from Rev. Jeff Liebmann to hold an event near the Tridge from 4:00 – 5:00 p.m. on Saturday, May 12, 2012, for the local Occupy Wall Street group, Occupy the Tri, utilizing the public right-of-way and amplified sound, is hereby approved subject to the following conditions:
; and
RESOLVED
FURTHER, that the
Councilman Brooks read the performance review for City Attorney Jim
Branson and presented a recommendation to adjust compensation and benefits - a
Meritorious 2.5% lump sum payment and a change of severance pay from 3 months
to 4 months. The following resolution was then offered by Councilman Wazbinski
and seconded by Councilman Adams:
RESOLVED, that the salary of James O. Branson III, City Attorney, is amended as follows – lump sum payment of $3,051.00 effective July 1, 2012; and
RESOLVED FURTHER, that certain terms and conditions of the employment agreement shall be amended as follows - severance increased to four (4) months pay effective July 1, 2012; and
RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and
RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of James O. Branson III incorporating this and previous Council amendments once approved by the Director of Human Resources as well as James O. Branson III. (Motion ADOPTED.)
Councilman Brown read the performance review for City Manager Jon Lynch
and presented a recommendation to adjust compensation and benefits – a
Meritorious 4.2% - to just over midpoint and change of severance pay from 6
months to 12 months. The following
resolution was then offered by Councilman Adams and seconded by Councilman
Brown:
RESOLVED, that the salary of Jon Lynch, City Manager, is amended as follows – increased to $134,972 effective July 1, 2012; and
RESOLVED FURTHER, that certain terms and conditions of the employment agreement shall be amended as follows - severance increased to twelve (12) months pay effective July 1, 2012; and
RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and
RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of Jon Lynch incorporating this and previous Council amendments once approved by the Director of Human Resources as well as Jon Lynch. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, sealed proposals were advertised and received in accordance
with Article II of Chapter 2 of the Midland Code of Ordinances for Bid No.
3420, “Street Tree Replacement”; and
WHEREAS, funding for the planting of replacement trees is included in
the 2011-2012 Forestry budget; now therefore
RESOLVED, that the Purchasing Agent is hereby authorized to issue a
purchase order to Agroscaping, Inc. of Swartz Creek, Michigan not to exceed
$41,100.00 for the planting of replacement trees in the city rights-of-way in
accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, City
Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent
to purchase full tankers of unleaded gasoline and diesel fuel exceeding
$20,000, and seek approval for the purchase at the next City Council meeting;
and
WHEREAS, City
Council reviewed the process on December 21, 2009 and decided to continue as it
still provides a significant cost savings to the City; and
WHEREAS, the
volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS, staff
instead uses a competitive bid process whereby fuel vendors fax in prices that
are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED, that the
requirements for sealed proposals for the purchase of fuel are waived due to
the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 13,710 gallons of regular #2 diesel fuel from
Hirschman Oil of Reese, Michigan for $41,993.73 executed by the Purchasing
Agent on April 18, 2012, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
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 water main on Wackerly Street from the end of the existing water main to Saginaw Road to serve the Associated Builders and Contractors school site; and
WHEREAS, funding
for this project is provided by the Water Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Eric Construction, Inc. of St. Charles, Michigan, for the "2012 Wackerly Water Main Improvement; Contract No. 15", in the indicated amount of $81,233.00, 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. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City’s Wastewater Treatment Plant’s (WWTP) digester system
has two 500,000 gallon primary digester tanks (east and west), which
automatically overflow into a one million gallon secondary digester tank, and
once the secondary digester tank is filled, the biosolids are pumped to a one
million gallon holding tank; and
WHEREAS, three times per year the holding tank is pumped out by a
contractor and the biosolids are land applied to farm fields, while the primary
digester tanks are cleaned on a 7-year cycle; and
WHEREAS, on July 18, 2011 Council approved the low bid unit cost of
$0.03 per gallon submitted by BioTech Agronomics of Beulah to land apply
biosolids removed from the WWTP’s digester system, and a purchase order in the
amount of $90,000.00 was approved and issued for fiscal year 2011/12; and
WHEREAS, this year, in addition to the biosolids removal from the
holding tank, the east primary digester was scheduled to be cleaned; and
WHEREAS, since the removal of biosolids from the primary digesters is
the same as from the holding tank, staff used part of the existing purchase
order with BioTech, with the approved rate of $0.03 per gallon, to remove and
land apply biosolids from the WWTP’s east primary digester; and
WHEREAS, the digester cleaning was $29,481.25, while two of the three scheduled
holding tank cleanings had a combined cost of $50,235.00, leaving a purchase
order balance of $10,283.75 ($90,000.00 -
$29,481.25 - $50,235.00); and
WHEREAS, with one more scheduled cleaning of the holding tank this
fiscal year, the BioTech purchase order will need to be increased by
$20,000.00; and
WHEREAS, funds have been budgeted in the 2011/12 Wastewater Fund account
#590.8146.81.099 – Miscellaneous Contractual Services; now therefore
RESOLVED, that authorization to increase the existing purchase order of
$90,000.00 with BioTech Agronomics of Beulah by $20,000.00, to bring the total
amount to $110,000.00, is hereby authorized for the removal and land
application of biosolids at the City’s Wastewater Treatment Plant. (Motion ADOPTED.)
Being no further business the meeting adjourned at 9:30 p.m.
______________________________________
Selina Tisdale, City