December 3, 2012

 

A regular meeting of the City Council was held on Monday, December 3, 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 November 19, 2012 regular meeting was offered by Councilman Brooks and seconded by Councilman Brown.  (Motion ADOPTED.)

 

AMERICAN BICYCLISTS BRONZE LEVEL BICYCLE FRIENDLY COMMUNITY AWARD

Planning and Community Development Director Brad Kaye introduced John Lindenmeyer, Advocacy and Policy Director for the League of Michigan Bicyclists, who presented the League of American Bicyclists Bronze Level Bicycle Friendly Community Award to Mayor Donker.  David Waite, Chair of Midland’s Non-Motorized Transportation Committee, spoke regarding the award.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, the League of American Bicyclists encourages safe and efficient bicycling in communities across the United States; and

WHEREAS, the League of American Bicyclists recognizes communities that strive to provide safe and efficient bicycling networks and infrastructure in their communities through recognition as Bicycle Friendly Communities; and

WHEREAS, the League of American Bicyclists has recognized the City of Midland as a bronze level Bicycle Friendly Community; now therefore

RESOLVED, that the League of American Bicyclists award to the City of Midland as a Bicycle Friendly Community be accepted.  (Motion ADOPTED.)

 

2012-13 LANDFILL ENTERPRISE FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented information on an amendment to the 2012/13 Landfill Enterprise Fund Budget for the purchase of a wood grinder.  A public hearing opened at 7:15 p.m., recognizing no public comments, the hearing closed at 7:15 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

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, a public hearing was conducted on Monday, December 3, 2012, on the proposal to amend the 2012/13 Landfill Enterprise Fund budget; now therefore

RESOLVED, that the 2012/13 Landfill Enterprise Fund Budget is hereby amended to increase revenues from working capital in the amount of $220,000.00, and to increase appropriations in the amount of $220,000.00; and

RESOLVED FURTHER, that in accord with Section 2-18 of the Midland Code of Ordinances sealed proposals are waived as impractical, and the negotiated purchase price for a refurbished 2005 Bandit Beast model 3680 wood grinder ($252,500.00), less trade-in value of the City’s 1998 Fecon MZA3250 wood grinder ($32,500.00) is accepted, and a purchase order is hereby authorized in the amount of $220,000.00 ($252,500.00 - $32,500.00) to Bandit Industries, Inc. of Remus.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

PUBLIC ACT 328 AGMTS – DOW CORNING CORP / VALLEY ASSET LEASING, LLC

City Assessor Reid Duford presented information on the continuance of the Public Act 328 Agreements with the Dow Corning Corporation and its affiliate Valley Asset Leasing, LLC.  Tim Dyste, Midland Site Manager, Dow Corning Corporation, spoke regarding the Act 328 Agreements.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, the City of Midland entered into Public Act 328 Agreements with the Dow Corning Corporation and its affiliate Valley Asset Leasing, LLC (VALCO)  in February 2007 for the purpose of granting an Exemption of New Personal Property under P.A. 328 of 1998, as amended; and

WHEREAS, the P.A. 328 Agreements were for 15 years and to be evaluated by the City at 5-year intervals, beginning with those taxes that would be due in the 2008 calendar year; and

WHEREAS, in exchange for granting said Exemption of New Personal Property, the Dow Corning Corporation has agreed to maintain a certain amount of personal property taxable value during the period beginning December 31, 2007, through December 31, 2021; and

WHEREAS, upon written request to the City of Midland received no sooner than 90 days nor later than 30 days before January 1, 2013, the City agrees, subject to a favorable evaluation of the initial 5-year period, to consider providing VALCO with a tax exemption for an additional five years beginning with those ad valorem personal property taxes that would be due in the 2013 calendar year; and

WHEREAS, the City of Midland has received a timely request from the Dow Corning Corporation representing its affiliate VALCO, and has evaluated the initial 5-year period of the agreements and is satisfied that the companies have met their obligations for continuance of the agreements for an additional five years to be evaluated again by the City at the conclusion of that 5-year period upon written request to the City received no sooner than 90 days nor later than 30 days before January 1, 2018; now therefore

RESOLVED, the Midland City Council approves the continuance of the Public Act 328 Agreements with the Dow Corning Corporation and its affiliate Valley Asset Leasing, LLC (VALCO), as approved by the Midland City Council on February 12, 2007, for the purpose of granting an Exemption of New Personal Property under P.A. 328 of 1998.  (Motion ADOPTED.)

 

2012 CONSTRUCTION PROGRESS REPORT

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

 

WHEREAS, the City Engineer reported the status of completion for projects in the 2012 Construction Program; now therefore 

RESOLVED, that City Council hereby receives and files the 2012 Construction Progress Report.  (Motion ADOPTED.)

 

2013 CONSTRUCTION PROGRAM – CAPITAL PROJECT REQUEST

City Engineer Brian McManus presented petitions and requests for capital projects for consideration in the 2013 Construction Program.  The following three resolutions were then presented for consideration.

 

2013 CAPITAL PROJECT REQUEST – WALDO AVENUE WATER MAIN

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

RESOLVED, that the attached petition received from David G. Rapanos, Big Timber, LLC, for the installation of a water main on Waldo Avenue from Wheeler Street to the north side of US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2013 Construction Program.  (Motion ADOPTED.)

 

2013 CAPITAL PROJECT REQUEST – WALDO AVENUE SANITARY SEWER

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

 

RESOLVED, that the attached petition received from David G. Rapanos, Big Timber, LLC, for the installation of a sanitary sewer on Waldo Avenue from Wheeler Street to the north side of US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2013 Construction Program.  (Motion ADOPTED.)

 

2013 CAPITAL PROJECT REQUEST – DUBLIN AVE & TITTABAWASSEE RD PAVING

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

 

RESOLVED, that the attached petition received from Lee Walko, for the paving improvement on Dublin Avenue from the end of the existing pavement to Tittabawassee River Road and Tittabawassee River Road from Dublin Avenue to Cook Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2013 Construction Program.  (Motion ADOPTED.)

 

SAG-MIDLAND MUNICIPAL WATER SUPPLY BOARD – LYNCH REAPPOINTMENT

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

 

RESOLVED, that Jon Lynch, City Manager of the City of Midland, Michigan, is hereby reappointed to the Saginaw-Midland Municipal Water Supply Corporation Board of Trustees for the term expiring December 31, 2018.  (Motion ADOPTED.)

 

WHICHCRAFT BREWING, LLC – LIQUOR LICENSE

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

 

WHEREAS, WhichCraft Brewing, LLC is submitting application to the Michigan Liquor Control Commission for an on-premise Class C liquor license issued under PA 501 of 2006; and

WHEREAS, it is necessary that WhichCraft Brewing, LLC, be located within a development district as defined in PA 501 of 2006; and

WHEREAS, the Michigan Liquor Control Commission has determined that in addition to being located in a development district as defined by PA 501 of 2006, it is also necessary to certify that the development district is a redevelopment project area; now therefore

RESOLVED that the request submitted by WhichCraft Brewing, LLC, to be located at 124 Ashman Street, Midland, Michigan for an on-premise Class C liquor license issued pursuant to Section 501 a (1) (b) of PA 501 2006 be considered for approval above all others; and

RESOLVED FURTHER, that the City Council hereby certifies that the Downtown Development Authority, of the City of Midland, Michigan is a redevelopment project area and that WhichCraft Brewing, LLC to be located at 124 Ashman Street, Midland, Michigan is within the Downtown Development Authority and the redevelopment project area.  (Motion ADOPTED.)

 

CYCLOCROSS BIKE RACE EVENT – ORGANIZER CHANGE

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

 

RESOLVED, that the event organizer for the Cyclocross bike race event scheduled for Sunday, December 9, 2012, in Stratford Park, is hereby changed from Tri City Cyclists to Revolution Racing; and

RESOLVED FURTHER, that all of the conditions set forth in the October 15 resolution approved by City Council are the same.  (Motion ADOPTED.)

 

ENGINEERING SERVICE AGMT – LIBRARY HEATING & COOLING SYSTEM

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

 

WHEREAS, ATIGROUP provides the necessary professional services to evaluate and select equipment and contractors for replacing the heating and cooling system at the Grace A. Dow Memorial Library; and

WHEREAS, funding is available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that in accordance with Section 2-19 of the Code of Ordinances sealed proposals for professional services are not required, and City Council hereby accepts the agreement for professional services from ATIGROUP in an amount not to exceed $152,480, and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City of Midland.   (Motion ADOPTED.)

 

WATER SERVICE FITTINGS

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

 

WHEREAS, sealed bids for Bid No. 3479, Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the low bid received from Michigan Pipe & Valve of Saginaw to be acceptable, and recommends award for inventory purchases of water service fittings; and

WHEREAS, funding is provided in the Water Fund Inventory Account #591.13.031; now therefore

RESOLVED, that a purchase order is hereby authorized to Michigan Pipe & Valve, in an amount not to exceed $24,900.00 for inventory purchases of water service fittings; and

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

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brooks 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 13,402 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $46,974.01 executed by the Purchasing Agent on November 20, 2012, is hereby approved.  (Motion ADOPTED.)

 


UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brooks 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 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $38,377.60 executed by the Purchasing Agent on November 20, 2012, is hereby approved.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 44

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

 

WHEREAS, K-Berger III, LLC submitted a request for a conditional land use permit for a Culver’s Restaurant with a drive-through located at 7300 Eastman Avenue located in a Regional Commercial zoning district on 1.17 acres; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on January 7, 2013, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on or before December 21, 2012 and to publish said notice on December 22, 2012.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk