August 27, 2012

 

A regular meeting of the City Council was held on Monday, August 27, 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

Councilmen absent:

Marty Wazbinski

 

MINUTES

Approval of the minutes of the August 13, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Adams.  (Motion ADOPTED.)

 

DIAPER NEED AWARENESS WEEK

Communications Coordinator Libby Richart introduced Debi Keyes, Founder of the Midland Community Diaper Bank.  The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating the week of September 10, 2012, as Diaper Need Awareness Week in Midland and encouraging citizens to donate generously to diaper banks, diaper drives, and those organizations that distribute diapers to families in need. (Motion ADOPTED.)  Mayor Donker presented Ms. Keyes with the proclamation.

 

REQUEST TO REVOKE IFT CERTIFICATE #2008-326 – EVERGREEN SOLAR, INC.

City Assessor Reid Duford presented information on a request for the State Tax Commission to revoke Industrial Facilities Tax Exemption Certificate #2008-326 issued to Evergreen Solar, Inc.  A public hearing opened at 7:12 p.m., recognizing no public comments, the hearing closed at 7:12 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

WHEREAS, the City Council of the City of Midland on June 23, 2008 approved an application for an industrial facilities exemption certificate to a new facility located at 2820 Schuette Road within the Eastwick Industrial Park Industrial Development District, previously established by resolution of the Midland City Council on December 18, 1989; and

WHEREAS, the application for the certificate was made by Evergreen Solar, Inc. with the certificate being for a twelve-year period with the exemption expiring December 30, 2021; and

WHEREAS, industrial facilities exemption certificate #2008-326 was issued by the State Tax Commission on the 30th day of December, 2008 to Evergreen Solar, Inc.; and

WHEREAS, Evergreen Solar, Inc. has voluntarily sold all of its property and assets to Max Era, Inc., and ceased its operations on November 11, 2011; and

WHEREAS, Section 15 (2) of Public Act 198 of the Public Acts of the State of Michigan of 1974 (Plant Rehabilitation and Industrial Development Districts Act) provides that the legislative body of the governmental unit which approved the application for the certificate may request the State Tax Commission to revoke the industrial facilities exemption certificate if it finds, among other things, that the holder of the exemption has not proceeded in good faith with the operation of the facility in a manner consistent with the purposes of the public act and in absence of circumstances that are beyond the control of the holder of the exemption certificate; now therefore

RESOLVED, that the Midland City Council finds that the industrial facilities exemption certificate given to Evergreen Solar, Inc. for a business at 2820 Schuette Road within the Eastwick Industrial Park Industrial Development District is no longer being operated at that location in good faith and in a manner consistent with the purposes of Public Act 198, as amended, as a result of Evergreen Solar, Inc. having voluntarily sold its property and assets to Max Era, Inc., and ceased its operations at said location; and

RESOLVED FURTHER, that on the basis of said findings, the City Council of the City of Midland requests that industrial facilities exemption certificate #2008-326 issued to Evergreen Solar, Inc. on December 30, 2008, be revoked.  (Motion ADOPTED.)

 

CENTER CITY AUTHORITY TAX INCREMENT FINANCING PLAN

Consultant Planner Cindy Winland presented information on the Center City Authority Tax Increment Financing Plan.  A public hearing opened at 7:24 p.m.   David Ginnis, 20 Ashman Circle, spoke in favor of the proposal.  Richard McCreadie, business address at 601 S. Saginaw Road, spoke in opposition to the proposal.  The public hearing closed at 7:40 p.m.  The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

 

WHEREAS, a public meeting was held at the Center City Authority Board meeting on Wednesday, June 20, 2012, to make a recommendation of approval to adopt the Tax Increment Financing Plan; and

WHEREAS, a copy of the Tax Increment Financing Plan may be reviewed at the Planning Department, City Hall, 333 West Ellsworth Street; and

WHEREAS, taxing authorities collecting taxes within the Center City Authority boundaries are required to be provided with 60 days to opt out of the Tax Increment Financing Plan; now therefore

RESOLVED, that August 28, 2012 begins the 60 day time period during which a taxing jurisdiction collecting taxes within the Center City Authority boundaries, being Delta College and Midland County, may opt out of the Center City Authority Tax Increment Financing Plan.  (Motion ADOPTED.)

 

DEDICATED BIKE LANES ON EASTLAWN DRIVE AND SUGNET ROAD

Planning and Community Development Director Brad Kay presented a request to install dedicated bike lanes on Eastlawn Drive and Sugnet Road.  A public hearing opened at 7:55 p.m.  David Waite, 6030 Emerson Court and Chair of the Non-Motorized Transportation Committee, spoke in favor of the bike lane requests.  Jennifer Kent, 5111 Russell Street, spoke regarding the success of Dow’s Bike To Work Week and in favor of the bike lanes.  Richard McCreadie, 2700 Washington, spoke in opposition to the costs to implement bike lanes.  Greg Groninger, 2720 Colony, expressed concern with the costs of implementing the bike lanes when there is not enough education and standard application of safe cycling rules.  Laura Currie, expressed concern with blind spots along portions of Sugnet and other locations.  Dick Handlon, 1021 S. Sugnet, shared concerns with the safety of the proposed Sugnet bike lane and the costs of dedicating bike lanes.  The public hearing closed at 8:30 p.m.  The following resolution was then offered by Councilman Brown and seconded by Councilman Brooks:

 

WHEREAS, the City of Midland has adopted a “Complete Streets” policy, a term given to streets that accommodate all forms of travel; including automobiles, bicycles, pedestrians, personal mobility devices, transit and freight in a safe environment on designated City streets; and

WHEREAS, the City of Midland has also adopted a Master Street Plan which proposes a network of streets with design features that will accommodate pedestrians and vehicular movement and includes a bicycle plan that specifically defines proposed trails, on-street bike lanes and bike routes; and

WHEREAS, the Non-Motorized Transportation Advisory Committee has recommended installation of dedicated bike lanes on Sugnet Road; now therefore

RESOLVED, that the City Council approves the request to install dedicated bike lanes on Sugnet Road.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington, added comments that the bike riding season in Midland, Michigan, is not long enough to support the activity.

 

OLIVE GARDEN LIQUOR LICENSE

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

RESOLVED, that the application from GMRI, Inc., d/b/a The Olive Garden Italian Restaurant for the following license(s):        Class C            and the following permits, if applied for   □ Dance Permit   □ Entertainment Permit   □ Topless Activity Permit  

to be located at     6803 Eastman Avenue, Midland, Michigan          be considered for   approval . 

It is the consensus of this body that it     Recommends           this application be considered for approval by the Michigan Liquor Control Commission.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-12-01

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

 

RESOLVED, that Traffic Control Order No. R-12-01 filed June 27, 2012 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

·       That bike lanes be designated on each side of Swede Avenue from Wackerly Street to E. Patrick Road, except at left turn lane and center left turn lane locations, and that appropriate lane markings and signs be placed.

·       That through travel lanes on Swede Avenue between Wackerly Street and E. Patrick Road, where left turn lane and center left turn lanes exist, be designated as shared use bicycle lanes as designated by Federal and State Standards and appropriate shared lane markings and signs placed.

·       Per City Council action on November 14, 2011 and the Uniform Traffic Code, Rule 322, parking is allowed on Swede Avenue  in the designated bike lanes where signed appropriately, with the exception of locations where  parking restrictions are established by other traffic control orders.

 is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-12-02

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

 

RESOLVED, that Traffic Control Order No. P-12-02 filed June 27, 2012 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That there shall be no parking on the west side of Swede Avenue from Colorado Street to E. Patrick Road.

is hereby made permanent. (Motion ADOPTED.)

 

2012 SALZBURG ROAD RECONSTRUCTION; CONTRACT NO. 3

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Salzburg Road from Saginaw Road to Waldo Avenue; and

WHEREAS, funding for this project is provided by the Major Street Fund, an Economic Development Grant from MDOT and an approximate $142,000.00 contribution from Dow Corning; now therefore

RESOLVED, that the low sealed proposal submitted by Tri-City Groundbreakers, Inc. of Midland, Michigan, for the "2012 Salzburg Road Reconstruction; Contract No. 3", in the indicated amount of $628,423.00, based upon City estimated quantities is hereby accepted, pending receipt of the “Notice to Proceed” from MDOT 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.)

 

FLUORIDE BULK TANK REPLACEMENT PROJECT – WATER PLANT

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

 

WHEREAS, on Tuesday, August 14, 2012 sealed bids were received for Fluoride Bulk Tank Replacement, Bid No. 3449, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bids have been thoroughly reviewed by staff for this project, and determined that the low bid of $77,900.00 submitted by M.A.P. Mechanical Contracting, Inc., of Midland, be accepted in the best interest of the City; and

WHEREAS, funding for this project has been budgeted over several years and is available in the Water Fund Capital Project WP1203; now therefore

RESOLVED, that the low sealed proposal submitted by M.A.P. Mechanical Contracting, Inc. of Midland for the indicated amount of $77,900.00, is hereby accepted; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the contract subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

PROPOSED 2013 LANDFILL ENTERPRISE FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted Monday, September 17, 2012 at 7:00 p.m., in the Council Chambers of City Hall on the proposal to amend the 2013 Landfill Enterprise Fund Budget to increase revenues from working capital in the amount of $90,000.00, and to increase appropriations by $90,000.00 to fund the development of a bioreactor cell project and to obtain an updated operating license from the Michigan Department of Environmental Quality.  (Motion ADOPTED.)

 

FRAMING MATERIALS FOR BUILDING TRADES HOUSE

Planning and Community Development Director Brad Kaye presented information on the purchase of framing material for the Building Trades House.  Mayor Donker disclosed that she is the Director of Reece Endeavor, the property on which the trades house is located.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, the Midland Public Schools administration has requested a joint project with the City of Midland and the Reese Community Living Endeavor, by having students in the Building Trades Class provide the labor for the construction of a two-family residential structure; and

WHEREAS, a project at 1200-1202 East Haley Street has been selected and designed on property owned by the Reece Community Living Endeavor; and

WHEREAS, on August 24, 2012 sealed bids to supply framing materials for the Building Trades House were received and opened for Bid No. 3459 framing materials, in accord with Sec 2-18 of the Code of Ordinances for the City of Midland; and

WHEREAS, the low bid of $27,242.62 by Lowes, Midland meets project specifications; now therefore

RESOLVED, that the low bid proposal submitted by Lowes, Midland in the amount of $27,242.62 is accepted and a purchase order is thereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:40 p.m.

 

 

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            Selina Tisdale, City Clerk