July 23, 2012
A regular meeting of the City Council was held on Monday, July 23, 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 July 9, 2012 regular meeting was offered
by Councilman Brown and seconded by Councilman Brooks. (Motion ADOPTED.)
City Assessor Reid Duford presented information on a request from ECO
Bio Plastics Midland, Inc. for an Industrial Facilities Tax Exemption
Certificate within ECO Bio Plastics Industrial Development District No. 1. A public hearing opened at 7:08 p.m. Midland Tomorrow Executive Director Scott
Walker spoke in support of the exemption certificate request and introduced
Kenichi (Ken) Toguchi, Chief Operating Officer of ECO Bio Plastics Midland,
Inc., who spoke regarding the Eco Research Institute (ERI) project and
requested Council’s support of the exemption certificate. The public hearing closed at 7:25 p.m. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Brown:
WHEREAS, the ECO Bio Plastics Industrial
Development District No. 1 was established by resolution of the Midland City
Council on May 7, 2012; and
WHEREAS, ECO Bio Plastics Midland, Inc.,
made an application dated July 3, 2012, which was received by the City Clerk on
July 3, 2012 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 $10,540,000
which is for new real and personal property with the same being located within
the ECO Bio Plastics Industrial Development District No. 1 for a new building
to operate as a full-service facility of bio plastic composite material for
packaging and industrial use mold products.
The project is expected to create 34 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 July 23, 2012, 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
exemption certificate requested by ECO Bio Plastics Midland, Inc., considered
together with the aggregate amount of industrial facilities 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 Exemption certificate from ECO Bio Plastics Midland,
Inc., for a new facility approval within the ECO Bio Plastics 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 ECO Bio Plastics Midland, Inc., pursuant to P.A.
334 of Public Acts of the State of Michigan of 1993.
(Motion ADOPTED.)
No public comments were made.
Assistant City Manager for Financial Services David Keenan presented
information on an ordinance amending Section 21-70 of Division 1 of Article II
of Chapter 21 – Civic Arena Fees.
Introduction and first reading of the following ordinance amendment was
then offered by Councilman Adams and seconded by Councilman Brown:
Ordinance
No._______________
An ordinance to amend the Code of Ordinances of
the City of Midland, Michigan, by amending Section 21-70 of Division 1 of
Article II of Chapter 21 thereof.
The City of Midland
Ordains:
Section 1. Section 21-70 of Division 1 of Article II
of Chapter 21 is amended to read as follows:
Sec. 21-70.
Civic Arena Fees
The
fees for use of the Civic Arena and its facilities are as follows:
Rates during the
season (September through May)
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(1) |
Individual Ice Skater – Adult |
$
5.00 |
per session |
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(2) |
Individual Ice Skater – Youth & Senior |
$
4.00 |
per session |
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(3) |
Skating Pass (20 admissions) – Adult |
$
85.00 |
per pass |
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(4) |
Skating Pass (20 admissions) – Youth &
Senior |
$
70.00 |
per pass |
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(5) |
Skate Rental |
$
3.00 |
per session |
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(6) |
Skate Sharpening |
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Hockey |
$
5.00 |
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Figure/Goalie |
$
6.00 |
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New/Rusty/Poor Condition |
$
8.00 |
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(7) ( |
Drop-In Program |
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Hockey (Noon) |
$
8.00 |
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Hockey (Prime) |
$
10.00 |
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Speed Skating |
$
12.00 |
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Figure
Skating |
$
12.00 |
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(8) ( |
Conference Room Rental |
$
15.00 |
per hour |
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(9) (10) |
special events
and programs Hourly ice rental
rates: During the months of September through May |
variable rates |
per event |
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Monday |
Tuesday |
Wednesday |
Thursday |
Friday |
Saturday |
Sunday |
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12 AM to
5 AM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
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5 AM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$200.00 |
$200.00 |
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6 AM to 3
PM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$230.00 |
$230.00 |
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3 PM |
$200.00 |
$200.00 |
$200.00 |
$200.00 |
$200.00 |
$230.00 |
$230.00 |
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4 PM |
$215.00 |
$215.00 |
$215.00 |
$215.00 |
$215.00 |
$230.00 |
$230.00 |
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5 PM to
10 PM |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
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10 PM |
$215.00 |
$215.00 |
$215.00 |
$215.00 |
$230.00 |
$230.00 |
$230.00 |
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11 PM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$215.00 |
$215.00 |
$185.00 |
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Based
upon availability, prime time rental at $230.00 per hour can be rented within
seven (7) days of expiring at $200.00 per hour.
During
the months of June through August:
$195.00 per hour except for Monday through Friday before 4 PM which is
$165.00 per hour.
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(11) |
Hourly non ice
rental rates |
$120.00 |
per hour |
Exception: The Civic Arena Manager is authorized with
the approval of the City Manager or its
designee to reduce adjust ice rental rates at the Civic Arena on a discretionary basis for the
purpose of marketing additional rental.
Section 2. This
Ordinance shall take effect on September 1, 2012. (Motion ADOPTED. Considered first reading.)
City Clerk Selina Tisdale presented information on the establishment of
a receiving board for all future elections held in the City of Midland. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brown:
WHEREAS, on Election Day, receiving boards are responsible for ensuring
that ballot containers are delivered properly, that seal numbers are properly
recorded and that the poll book balances with the number of ballots counted in
the precinct; and
WHEREAS, with the Midland County implementation of electronic poll books
beginning with the August 7, 2012 Primary Election, the State of Michigan
recommends that receiving boards be formally established at the local level;
and
WHEREAS, the establishment of a receiving board is approved by the
jurisdiction’s legislative body; now therefore
RESOLVED, that the Midland City Council hereby
approves the establishment of a receiving board for elections conducted within
the City of Midland and authorizes the local election commission to appoint
members to the receiving board. (Motion
ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that Kristin Riddle is hereby appointed to the West Main Street Historic District Commission for a term expiring June 30, 2014. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the request from Nathan Merling, on behalf of the Salvation Army’s SHARE summer day camp, to conduct a 5K Run/Walk on Saturday, August 4, 2012, between 6:30 a.m. and 11:30 a.m., utilizing the public right-of-way and Rail-Trail, is hereby approved subject to the following conditions:
; and
RESOLVED
FURTHER, that the
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the request from Al Fong, on behalf of Survivors of Suicide, to conduct a Walk for Hope Walk/Run on Sunday, August 12, 2012, beginning at 10:00 a.m., utilizing the public right-of-way and Rail-Trail, is hereby approved subject to the following conditions:
; and
RESOLVED
FURTHER, that the
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 storm sewer on the south side of Austin Street from Plumer Street to 600 feet west; and
WHEREAS, funding for this project is provided by the Storm Water Fund; now therefore
RESOLVED, that the low sealed proposal submitted by McGuirk Sand-Gravel, Inc. of Mt. Pleasant, Michigan, for the "2012 Austin Storm Sewer, Contract No. 13", in the indicated amount of $49,770.00, 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 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 2012-13; 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 $24,321.92 for the purchase of additional carts. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of pool chemicals, on Bid No. 3246 dated March 23, 2010; and
WHEREAS, the awarded bidder, Midland Pool & Recreation, Midland, MI agreed to honor the bid prices from the 2010 pool season; and
WHEREAS, we were satisfied with Midland Pool & Recreation’s performance in supplying pool chemicals on an as needed basis; and
WHEREAS, sufficient funds are included in the Plymouth Pool budget in the Recreation Fund for the purchase of the pool chemicals; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Midland Pool & Recreation of Midland, Michigan in the amount of $24,757. (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 12,800 gallons of regular #2 diesel fuel from
Karbowski Oil of Bay City, Michigan for $36,800 executed by the Purchasing
Agent on July 10, 2012, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, Gale of Farmington Hills, MI is the sole vendor of the electronic online services and materials that are necessary in the provision of library services; and
WHEREAS, funding is available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore
RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and materials from Gale is hereby approved in an amount not to exceed $50,000 and the necessary purchase order authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the Mideastern Michigan Library Cooperative is the sole vendor of the services that are necessary in the provision of library services; and
WHEREAS, funding is available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore
RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of services from the Mideastern Michigan Library Cooperative, is hereby approved in an amount not to exceed $30,000 and the necessary purchase order authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the Midwest Collaborative for Library Services is the sole vendor of group licensing of selected electronic online services and staff training not available through other organizations; and
WHEREAS, funding is available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore
RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and staff training from the Midwest Collaborative for Library Services is hereby approved in an amount not to exceed $50,000 and the necessary purchase order authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, during manhole data collection as part of the City’s Geographic Information System (GIS) implementation, staff identified numerous manholes throughout the city and downtown area that are in need of rehabilitation; and
WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and
WHEREAS, in March 2012, Advanced Underground Inspections, LLC of Detroit was awarded the bid to provide for the reconstruction of sanitary manholes at specified unit prices, and has agreed to extend the unit costs to provide the necessary work to rehabilitate approximately 65 identified sanitary manholes; and
WHEREAS, funding for the rehabilitation work is available in the 2012/13 Wastewater fund account #590.9120.97.050 – Capital Outlay Sewer System; now therefore
RESOLVED, that a purchase order is authorized in the amount of $100,000.00 to Advanced Underground Inspections, LLC based on previously bid unit costs for the rehabilitation of approximately 65 sanitary manholes; and
RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City of Midland Landfill is regulated by the Michigan Department of Environmental Quality under Public Act 451, and Rule 299.4427 of the Act requires landfills to prevent unauthorized access and illegal dumping through use of natural or artificial barriers; and
WHEREAS, the City has purchased neighboring properties primarily to the north along Wheeler Road, with ditches serving as the natural barrier to vehicular traffic; and
WHEREAS, installing fencing to these areas will restrict foot traffic for both public safety and compliance purposes, while all necessary perimeter fencing at the Landfill site will take several years, and will be done in phases as budget allows; and
WHEREAS, on June 26, 2012 sealed bids to supply and install 3,300 linear feet of chain link fence were received and opened for Bid No. 3438, Fencing for Landfill, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and
WHEREAS, the low bid unit cost of $10.75 per linear foot submitted by Bay Farm Services, Inc. of Bay City meets project specifications; and
WHEREAS, funds have been budgeted for this purpose in Project LF0603 - Landfill Perimeter Fence; now therefore
RESOLVED, that the low bid proposal submitted by Bay Farm Services, Inc. of Bay City in the amount of $35,475.00 ($10.75 x 3,300 LFT) is accepted and a purchase order is hereby authorized; and
RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $15,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, in September 2008, Stantec Consulting of Michigan completed a report
entitled “Wastewater Treatment Plant – Concrete Repairs” for the City of
Midland to identify and review the concrete and masonry deterioration at various
structures throughout the City’s Wastewater Treatment Plant (WWTP); and
WHEREAS, based on the findings in the report, staff prioritized the repairs in
conjunction with the estimates for construction cost, and Phases I through III
have already been completed, which included repairs or replacements to Main
Pump House Drainage, Equalization Basin, Flow Split Building, Primary Treatment
Building, Diversion Chamber, Oxidation Ditch, Tunnel Interior, Tunnel Exterior,
Aluminum Handrails, and Steel Process Pipes; and
WHEREAS, the City has been satisfied with the engineering work that Stantec has performed over the previous WWTP improvements phases, and desires to have Stantec be retained to provide Phase IV detailed design, bidding assistance, and construction phase engineering services; and
WHEREAS, funds have been budgeted in Wastewater Fund Project WW1101 - WWTP Improvements for this purpose; now therefore
RESOLVED, that sealed proposals are waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order to Stantec Consulting of Michigan in an amount not to exceed $25,000.00 is hereby authorized for professional services to provide Phase IV detailed design, bidding assistance, and construction phase engineering services for the replacement of sluice gates and repairs to miscellaneous structures at the WWTP site; and
RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, it
has been determined that sealed proposals are impractical and the five-year
lease proposal submitted by Spartan Distributors for new E-Z Go carts at Currie
Municipal Golf Course is hereby approved and the City Manager is authorized to
sign the lease agreement subject to the review and approval of the lease
document by the City Attorney. (Motion
ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of
Midland, a public hearing shall be conducted at 7:00 p.m., Monday, August 13,
2012, in the Council Chambers of City Hall on the proposal to amend the 2012-13
Major Street Fund budget to increase expenditures by $110,000 to fund
additional construction costs associated with the 2012 Salzburg Road
Construction Project, and direct the City Clerk to give notice as provided in
Section 5.11 of the Charter of the City of Midland. (Motion ADOPTED.)
Being no further business the meeting adjourned at 7:45 p.m.
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Selina Tisdale, City