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.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the July 9, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

ECO BIO PLASTICS MIDLAND, INC. – IFT REQUEST

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

CIVIC ARENA FEES ORDINANCE AMENDMENT (1st reading)

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)

 (1)

Individual Ice Skater – Adult

$    5.00

per session

 

(2)

Individual Ice Skater – Youth & Senior

$    4.00

per session

 

(3)

Skating Pass (20 admissions) – Adult

$  85.00

per pass

 

(4)

Skating Pass (20 admissions) – Youth & Senior

$  70.00

per pass

 

(5)

Skate Rental

$    3.00

per session

 

 

 

(6)

Rink Rental

$220.00

per hour

 

(7)

Rink Rental (M-F, 12:00 a.m. – 3:00 p.m.)

$175.00

per hour

 

(8)

Summer Rink Rental

$220.00

per hour

 

(6) (9)

Skate Sharpening

 

 

   Hockey

$    5.00

 

   Figure/Goalie

$    6.00

 

 

   New/Rusty/Poor Condition

$    8.00

 

 

(7) (10)

Drop-In Program

 

 

 

   Hockey (Noon)

$    8.00

 

 

 

   Hockey (Prime)

$  10.00

 

 

 

   Speed Skating

$  12.00

 

 

 

   Figure Skating

$  12.00

 

 

(8) (11)

Conference Room Rental

$  15.00

per hour

 

 (12)

Birthday/Skating Parties

 

 

 

 

   5-9 People

$  11.00

per person

 

 

   10-19 People

$  10.00

per person

 

 

(9)     

(10)  

   20-30 People

special events and programs

Hourly ice rental rates:

 During the months of September through May

$    9.00

variable rates

per person

per event

 

 

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

12 AM to 5 AM

$185.00

$185.00

$185.00

$185.00

$185.00

$185.00

$185.00

5 AM

$185.00

$185.00

$185.00

$185.00

$185.00

$200.00

$200.00

6 AM to 3 PM

$185.00

$185.00

$185.00

$185.00

$185.00

$230.00

$230.00

3 PM

$200.00

$200.00

$200.00

$200.00

$200.00

$230.00

$230.00

4 PM

$215.00

$215.00

$215.00

$215.00

$215.00

$230.00

$230.00

5 PM to 10 PM

$230.00

$230.00

$230.00

$230.00

$230.00

$230.00

$230.00

10 PM

$215.00

$215.00

$215.00

$215.00

$230.00

$230.00

$230.00

11 PM

$185.00

$185.00

$185.00

$185.00

$215.00

$215.00

$185.00

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.

 (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.)

 

ELECTION RECEIVING BOARD

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.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION – RIDDLE APPOINTMENT

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.)

 

SALVATION ARMY SHARE – 5K RUN/WALK EVENT

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:

  • Use of the Rail-Trail is non-exclusive.
  • The Department of Public Services will provide barricades per Traffic Control Order.  Barricades must be manned at Orchard/Emerson Park Drive and Cook Road to allow traffic through when gaps in race allow and in case emergency vehicle passage is necessary.
  • Pavilion A-1 at Emerson Park has been tentatively reserved for this event.  Organizer must contact the Parks office at 837-6930 to confirm the reservation and pay the reservation fee.

; and

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

 

SURVIVORS OF SUICIDE – WALK FOR HOPE WALK/RUN EVENT

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:

  • Use of the Rail-Trail is non-exclusive.
  • The Department of Public Services will provide barricades per Traffic Control Order.  Barricades must be manned at Emerson Park Drive and Cook Road to allow traffic through when gaps in race allow and in case emergency vehicle passage is necessary.
  • The Rail-Trail is non-motorized.  A small utility vehicle can be used to deliver water to the two stations prior to the start of the race.
  • Event must start on west side of Emerson Park Drive as road closure is not allowed.

; and

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

 

2012 AUSTIN STREET STORM SEWER; CONTRACT NO 13

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.)

 

RESIDENTIAL REFUSE AND YARD WASTE CARTS PURCHASE

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.)

 

POOL CHEMICALS PURCHASE

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.)

 

DIESEL FUEL PURCHASE

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.)

 

ELECTRONIC ONLINE SERVICES & MATERIALS - LIBRARY

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.)

 

SERVICES FROM MIDEASTERN MICHIGAN LIBRARY COOPERATIVE

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.)

 

ELECTRONIC ONLINE SERVICES & TRAINING – LIBRARY

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.)

 

MANHOLE REHABILITATION

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.)

 

PERIMETER FENCING - LANDFILL

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.)

 

PHASE IV ENGINEERING FOR SLUICE GATE REPLACEMENT – WASTEWATER

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.)

 

GOLF CART LEASE – CURRIE GOLF COURSE

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.)

 

PROPOSED 2012-13 MAJOR STREET FUND BUDGET AMENDMENT

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.

 

 

______________________________________

            Selina Tisdale, City Clerk