June
23, 2008
A
regular meeting of the City Council was held on Monday, June 23, 2008, at 7:00
p.m. in the Council Chambers of City Hall.
Mayor Johnson presided. The
Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Thomas Adams, Maureen Donker, Bruce Johnson,
Hollis McKeag, Joseph Rokosz |
|
Councilmen
absent: |
None |
Approval
of the minutes of the June 9, 2008 special and regular meetings was offered by
Councilman Adams and seconded by Councilman Rokosz. (Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Captain Steve Prince from the Michigan
Army National Guard’s 1460th Transportation Company. The following resolution was offered by
Councilman Rokosz and seconded by Councilman McKeag:
RESOLVED, that the Mayor is authorized to issue the attached
Proclamation of Recognition thanking
the Michigan Army National Guard’s 1460th Transportation Company for
their courageous and selfless service to our country, and wishing them a safe
tour of duty and expedient return. (Motion
ADOPTED.) Mayor Johnson presented
Captain Steve Prince with the Proclamation of Recognition.
Fiscal
Services Director David Keenan presented a report on the issuance of bonds to
pay the unfunded portion of the City’s refund to MCV for settlement of the tax
appeal. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED,
that the update on issuing bonds to pay the unfunded portion of the City’s
refund to the Midland Cogeneration Venture for settlement of the tax appeal
between the City of Midland and the Midland Cogeneration Venture for years 2001
through 2007, is hereby acknowledged as being received by the Midland
City
Assessor Reid Duford presented a request from Evergreen Solar, Inc. for an
Industrial Facilities Tax Exemption Certificate within the Eastwick Industrial
Park Industrial Development District.
Carl Stegerwald, Vice President of Construction and Facilities for
Evergreen Solar, spoke regarding the project and the application. A public hearing opened at 7:39 p.m. Scott Walker, Executive Director of Midland
Tomorrow, spoke in favor of the request.
The hearing closed at 7:44 p.m. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Eastwick Industrial Park Industrial Development District was established by
resolution of the Midland City Council on December 18, 1989; and
WHEREAS,
Evergreen Solar, Inc. made an application dated May 30, 2008, which was
received by the City Clerk on June 4, 2008, 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 a
total project cost of $37,030,000, which includes $7,030,000 in new personal
property and $30,000,000 for land and building improvements with the same being
located within the Eastwick Industrial Park Industrial Development District, to
build and equip a new manufacturing facility for Evergreen Solar, Inc.,
consisting of an approximately 31,000 square foot building with outdoor
chemical facilities; 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 June 23, 2008, as required by Public Act
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 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
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; 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
Evergreen Solar, Inc. considered together with the aggregate amount of
industrial facilities exemption certificates previously granted and currently
in force, 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 Evergreen Solar, Inc. for a new facility approval within the
Industrial Development District be and the same is hereby approved for a period
of 12 years “after completion”; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and Evergreen Solar, Inc. pursuant to
P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
MCTV
Director Ron Beacom presented information on an amendment to the Cable
Communications Fund Budget. A public
hearing opened at 8:02 p.m., recognizing no public comments, the hearing closed
at 8:02 p.m. The following resolution
was then offered by Councilman McKeag and seconded by Councilman Donker:
WHEREAS,
in accord with Section 5.11, 11. 4, and 11.6 of the Charter of the City of
Midland, and after having given proper legal notice, and having conducted a
public hearing Monday, June 23, 2008 on the proposal to amend the 2007-08
Midland Community Television Fund Budget to increase expenditures by $17,000
for separation pay for the unanticipated deferred retirement of an employee,
and to increase revenues by $17,000 for additional franchise fees that are
expected to be received for the year; now therefore
RESOLVED,
that the 2007-08 Midland Community Television Fund budget is hereby amended to
increase expenditures by $17,000 for separation pay for the unanticipated
deferred retirement of an employee, and to increase revenues by $17,000 for
additional franchise fees that are expected to be received for the year. (Motion ADOPTED.)
No
public comments were made.
The
following ordinance amendment was offered by Councilman McKeag and seconded by
Councilman Adams:
ORDINANCE NO. 1659
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3
OF ARTICLE II OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-52 of Division 3 of Article II of
Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-52. Filtered water rate
generally.
The
city's methodology of adjusting water rates shall be in accordance with the
cost of service water and sewer rate study prepared by the city's consultant,
presented to and approved by the council in 1993 and shall be in conformity
with the findings set forth in section 28-2 of this chapter.
All
filtered water bills shall be calculated according to the following:
(1) For each one thousand (1,000) gallons
used per quarter: $1.14
(2) In addition to the rate set forth in
this section for the use of water, there shall be a readiness-to-serve charge per
quarter on each metered service as follows:
|
Metered Service |
AMOUNT |
|
5/8" – 3/4” |
$31.05 |
|
1" |
$40.37 |
|
1- 1/2" |
$49.68 |
|
2" |
$80.73 |
|
3" |
$310.50 |
|
4" |
$403.65 |
|
6" |
$589.95 |
|
8" |
$838.35 |
(3) Gross rates shall be ten (10) percent
greater than the above schedule of rates and shall be charged for water service
paid for after the date shown on the bills.
Section 2. This ordinance shall take effect July 1, 2008. (Ordinance ADOPTED.)
The
following ordinance amendment was offered by Councilman McKeag and seconded by
Councilman Donker:
ORDINANCE NO. 1660
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-163 of Division 3 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec.
28-163. Amount of sewer charge.
The
city's methodology of adjusting sewer rates shall be in accordance with the
cost of service water and sewer rate study prepared by the city’s consultant,
presented to and approved by the council in 1993 and shall be in conformity
with the findings set forth in Section 28-4 of this chapter.
The charges
for sewer service shall be calculated according to the following schedule:
(1)
There
shall be a readiness-to-serve charge per quarter on each metered water service
as follows:
|
Metered Service |
AMOUNT |
|
5/8" – 3/4" |
$37.12 |
|
1" |
$48.26
|
|
1 – 1/2" |
$59.39 |
|
2" |
$96.51 |
|
3" |
$371.20 |
|
4" |
$482.56 |
|
6" |
$705.28 |
|
8" |
$1,002.24 |
(2)
In
addition to the readiness-to-serve charge set forth in subsection (1) of this
section, there will be an additional charge for sewer service, which will be
calculated as follows:
For each
1,000 gallons of water used per quarter: $1.77
However, bills for sewer services for
two (2) summer quarters for domestic customers, schools and churches shall be
based on the average consumption during two (2) winter quarters. In cases where
there is no previous consumption upon which to base bills for sewer services in
the summer quarters, twenty-five thousand (25,000) gallons or actual
consumption, whichever is the least, shall be used.
Section 2. This ordinance shall take effect July 1, 2008. (Ordinance ADOPTED.)
The
following resolution was offered by Councilman Rokosz and seconded by
Councilman Donker:
ORDINANCE NO. 1661
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-124 OF DIVISION 1
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-124 of Division 1 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-124. Collected and transported waste disposal;
permit and fee required.
Before wastes from any septic tank or any other waste
collection device are transported for disposal at the city waste disposal site,
the person cleaning or having such tank or device cleaned shall apply for and
receive a disposal permit (waste disposal ticket). The permit shall be issued
upon the payment of a fee, in the amount of seventy-eight dollars ($78.00) minimum per truckload or
seventy-eight dollars ($78.00) per
one thousand (1,000) gallons of waste or part thereof, whichever is greater,
for each such load transported to the waste disposal site. Before unloading, each permit shall be
presented to the city employee on duty at the waste disposal site.
Section 2. This ordinance shall take effect July 1, 2008. (Ordinance ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
ORDINANCE NO. 1662
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-216 OF DIVISION 5
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-216 of Division 5 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-216. Supplemental limitations (discharge
requirements).
No user shall discharge wastewater containing
concentrations of toxic pollutants found to interfere with or pass through the
POTW operation or interfere with the recycling or disposal of the wastewater
bio-solids product (sludge). The following is a list of toxic pollutants of
concern and the maximum allowable discharge limits for those pollutants, which
is applicable to all users of the POTW:
|
Toxic Pollutant Name |
Maximum Allowable User Discharge Concentration |
|
Arsenic |
1.4 mg/l |
|
Cadmium |
0.1 mg/l |
|
Chromium (total) |
2.1 mg/l |
|
Copper |
1.4 mg/l |
|
Cyanide |
1.1 mg/l |
|
Lead |
1.1 mg/l |
|
Mercury |
1.3 ng/l |
|
Molybdenum |
1.0 mg/l |
|
Nickel |
0.8 mg/l |
|
Zinc |
0.5 mg/l |
The city reserves the right to amend the foregoing
list as appropriate to protect the public health, safety and welfare of the
citizens of the City of Midland.
Any discharge of mercury at or above 1.3 ng/l may
require that a user develop, submit, and implement a Mercury Reduction Plan as
approved by the City. Such plan shall include
a written commitment by the user to reduce the concentration of mercury in the
user’s wastewater discharge. The user
must submit to the City of Midland utilities department a semiannual report on
the status of the mercury reduction effort.
The mercury sampling procedures, preservation and handling, and
analytical protocol for compliance monitoring shall be in accordance with EPA
method 1631.
Section 2. This ordinance shall take effect July 1, 2008. (Ordinance ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 280 in accord with the
provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance
of the City of Midland; now therefore
RESOLVED, that the City Council does
hereby approve Site Plan No. 280, contingent upon the following:
1. The
stormwater detention system is designed and constructed in accordance with the
City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance and
the lighting shall be adjusted at the north and west property lines to meet the
Zoning Ordinance requirements.
4. All
signage shall comply with Article 8 of the Zoning Ordinance.
5. All
parking spaces shall comply with Section 5.01D3 of the Zoning Ordinance and
shall be delineated by the “box” style striping pattern.
6. All
exterior mechanical equipment shall be screened in accordance with Section
6.02(E)2 of the Zoning Ordinance.
7. All
required landscape screening and berming shall be constructed prior to building
construction commencing per Section 6.02(E)2 of the Zoning Ordinance.
8. The
driveway, loading/emergency vehicle access areas, public sidewalks, street
frontage landscaping, and stormwater facilities are constructed as part of
phase one of this project.
9. That
a detailed landscaping plan be provided prior to the issuance of a building
permit which adheres to Article 6 of the Zoning Ordinance. This plan should show all berm construct
details and number and types of plants being provided.
10. That
a maintenance easement is provided to the city to maintain the public water
main on site.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 281 in accord with the
provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance
of the City of Midland; now therefore
RESOLVED, that the City Council does
hereby approve Site Plan No. 281, contingent upon the following:
1. The
stormwater detention system is designed and constructed in accordance with the
City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance including the
addition of forty-five (45) shrubs.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All
parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be
delineated by the “box” style striping.
6. The
Planning Commission authorizes the justification of the second (west) drive
approach.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the City Council has received a request from John Rapanos, President of Prodo,
Inc., proprietor of Scenic Estates No. 7, for a two-year time extension for the
Tentative Approval of the Preliminary Plat of Scenic Estates No. 7; and
WHEREAS,
the current approval of the Tentative Preliminary Plat expired October 25,
2006; and
WHEREAS,
the City Council has reviewed the request for the time extension of the
Tentative Approval of the Preliminary Plat of Scenic Estates No. 7; now
therefore
RESOLVED,
that the City Council does hereby approve a two-year time extension effective
from October 25, 2006 until October 25, 2008, for the Tentative Preliminary
Plat of Scenic Estates No. 7. (Motion
ADOPTED.)
Planning
and Community Development Director Keith Baker presented information on the
final approval of the Preliminary Plat of Scenic Estates No. 7, a residential
subdivision of 29 lots on 15 acres east of Jefferson Avenue and south of
Wackerly Street. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Donker:
WHEREAS,
the City Council did give tentative approval to the Preliminary Plat of Scenic
Estates No. 7 on October 25, 2004; and
WHEREAS,
the City Council did grant an extension of the tentative approval to the
Preliminary Plat of Scenic Estates No. 7 to October 25, 2008; and
WHEREAS,
the approval of the Midland County Drain Commission has been received; now
therefore
RESOLVED,
that the Midland City Council hereby gives final approval to the Preliminary
Plat of Scenic Estates No. 7, in accordance with Section 23-15 of the Code of
Ordinances of the City of Midland; and
RESOLVED
FURTHER, conditions of City Council tentative approval of the Preliminary Plat
specified in the October 25, 2004 resolution shall also apply to final approval
of the Preliminary Plat. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
RESOLVED,
that Traffic Control Order No. P-08-12 filed April 18, 2008 pursuant to Chapter
24 of the Code of Ordinances to establish traffic control as follows:
That
parking shall be prohibited on the southeast side of Rodd Street from 60 feet to 115 feet northeast of the centerline of
Main Street to accommodate a bus loading and tow zone and for the next 25 feet
to accommodate a loading and tow zone; and
That Traffic Control Orders P-76-06, P-80-04, P-89-03,
P-89-07, P-92-01, and P-92-05 shall
be rescinded.
is
hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
RESOLVED, that Traffic
Control Order No. P-08-13 filed April 18, 2008 pursuant to Chapter 24 of the
Code of Ordinances to establish traffic control as follows:
That
parking shall be prohibited on the southeast side of McDonald Street from 60 feet to 130 feet northeast of the centerline of
Main Street to accommodate a bus loading and tow zone.
is hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
It
is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
It
is the consensus of this legislative body that the application be: Recommended
for issuance. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the Artful Dodger Brewing Company has submitted an application to the Michigan
Liquor Control Commission for a Class C liquor license issued under Public Act
501 of 2006; and
WHEREAS,
it is necessary that the Artful Dodger Brewing Company be located within a
development district as defined in Public Act 501 of 2006; and
WHEREAS,
the Michigan Liquor Control Commission has determined that in addition to being
located in a development district as defined in Public Act 501 of 2006, it is
also necessary to certify that the development district is a redevelopment
project area; now therefore
RESOLVED,
that the City Council hereby certifies that the Downtown Development Authority
of the City of Midland is a redevelopment project area and that the Artful
Dodger Brewing Company, to be located at 114 – 120 E. Main St., Midland,
Michigan, is within the Downtown Development Authority and the redevelopment
project area. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
RESOLVED,
that the resignation of Donald Deibert as a member of the Cable Access Advisory
Commission is hereby accepted and the Administration is directed to convey the
Council’s appreciation to Mr. Deibert for his service on this important
Commission. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the cost of janitorial services at the Civic Arena has exceeded the original
purchase order limit of $20,000; and
WHEREAS,
sufficient funds are included in the Building Maintenance line item in the
FY07/08 Civic Arena budget and the total amount of payments will not exceed the
funding; now therefore
RESOLVED,
that the Purchasing Agent is authorized to increase the existing purchase
order #24113 to Arnold Center, Inc.
of Midland, Michigan up to the amount of $29,000 for the payment of maintenance
services provided to the Civic Arena.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the cost of utilities maintenance at the Civic Arena has exceeded the original
purchase order limit of $20,000; and
WHEREAS,
sufficient funds are included in the Utilities Maintenance line item in the
FY07/08 Civic Arena budget and the total amount of payments will not exceed the
funding; now therefore
RESOLVED,
that the Purchasing Agent is authorized to increase the existing purchase
order #24649 to J.E. Johnson, Inc.
of Midland, Michigan up to the amount of $25,000 for the payment of utilities
maintenance services provided to the Civic Arena. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the Department of Public Services regularly purchases brine for use in winter
salting operations and gravel street maintenance; and
WHEREAS, sufficient funding for such purchases is included in the Local
Street operating budget for the remainder of FY 2007-08; now therefore
RESOLVED,
that the Purchasing Agent is authorized to increase existing purchase order
#24676 to Liquid Calcium Chloride Sales of Kawkawlin, Michigan up to the amount
of $25,000 for the purchase of brine for street maintenance activities. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
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, 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 13,401 gallons of diesel fuel from Karbowski Oil of Bay
City, Michigan for $49,845.02 executed by the Purchasing Agent on June 4, 2008,
is hereby approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
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, 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 12,500 gallons of unleaded fuel from Hirschman Oil of
Reese, Michigan for $40,225 executed by the Purchasing Agent on June 11, 2008,
is hereby approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
sealed bids for the contract of Water Treatment Chemicals - Ferric Chloride,
Bid No. 3115, for a period of six months beginning July 1, 2008, have been
advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
funding for the purchase of Ferric Chloride is available in Water Fund
Inventory Account #591-0000-091.13-30 and in Wastewater Fund Inventory Account
#590-0000-091.13-30; now therefore
RESOLVED,
that the low sealed proposal submitted by PVS Technologies of Detroit, Michigan
for the indicated price per ton of $417.00 for up to 500 tons (250 each for the
Water and Wastewater Treatment Plants), at a total aggregate contract amount
not to exceed $208,500.00, for a period of six months beginning July 1, 2008,
including a six-month price extension, is hereby accepted and purchase orders
are authorized; and
RESOLVED
FURTHER, that the City Manager is authorized to approve change orders in an
aggregate amount not to exceed $5,000.00.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by
Councilman Rokosz:
WHEREAS,
sealed bids for the contract of Water Treatment Chemicals -
WHEREAS,
funding for the purchase of Calcium Oxide is available in Water Fund Inventory
Account #591-0000-091.13-30; now therefore
RESOLVED,
that the low sealed proposal submitted by
RESOLVED
FURTHER, that the City Manager is authorized to approve change orders in an
aggregate amount not to exceed $5,000.00.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
sealed bids for the contract of Water Treatment Chemicals - Hydrofluosilicic
Acid, Bid No. 3115, for a period of one year beginning July 1, 2008, have been
advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
funding for the purchase of Hydrofluosilicic Acid is available in Water Fund
Inventory Account #591-0000-091.13-30; now therefore
RESOLVED,
that the low sealed proposal submitted by LCI Ltd, of Jacksonville Beach,
Florida for the indicated price per ton of $600.00 for up to 92 tons per year,
at a total contract amount of $55,200.00, is hereby accepted and a purchase
order is authorized; and
RESOLVED
FURTHER, the City
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the City standardized water meters in 1987, selecting Sensus Metering Systems
through competitive bid, thus eliminating the need to duplicate meter reading
equipment; and
WHEREAS,
sealed bids for purchase of Sensus water meters and accessories, Bid 3106, have
been advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
funding for meters and accessories is provided in Water Fund Inventory Account
#591-0000-091.13-31; now therefore
RESOLVED,
that the bid submitted by ETNA Supply Company of Grand Rapids, for the
indicated prices, is accepted and a purchase order is hereby authorized in an
amount not to exceed $137,000.00 for purchases of meters and accessories
through December 2008.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
on August 28, 2007, sealed bids for Trenchless Sewer Repairs, Bid No. 3046,
were advertised and received in accord with section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
the low bid rates accepted from Lanzo Lining Service, Inc. of Roseville are
structured whereby the larger the diameter of the pipe, the higher the cost per
lineal foot for the installation of the liner; and
WHEREAS,
through the use of video, two stretches of sanitary sewer were identified as
prime candidates for lining; 1) Rodd Street from East Grove to East Indian
Streets (304 feet of 12-inch) and 2) West Sugnet Road between Eastman Avenue
and North Saginaw Road (604 feet of 10-inch) was shown to have cracks and
water/sand infiltration along much of the pipe; and
WHEREAS,
total cost to repair the faulty sanitary sewer pipe is $33,304.00 (304 feet of
12 inch x $42.00 + 604 feet of 10 inch x $34.00); and
WHEREAS,
funding is available in the 2007/08 Wastewater Fund, account
#590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore
RESOLVED,
that a purchase order to Lanzo Lining Service, Inc. of Roseville in the amount
of $33,304.00 based on previously bid rates for the lining of 1) Rodd Street
from East Grove to East Indian Streets (304 feet of 12-inch) and 2) West Sugnet
Road between Eastman Avenue and North Saginaw Road (604 feet of 10-inch) is
hereby authorized; and
RESOLVED
FURTHER, that the City
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
a bid to provide optional services to the regular residents of
WHEREAS,
the city’s senior living communities would like to extend the existing
agreement with HEARTLAND HOME HEALTH CARE, 401 Center Avenue, Bay City,
Michigan, to provide optional services to the regular residents of
WHEREAS,
the agreement is for a three (3) year period beginning June 1, 2008 during
which the cost may be adjusted annually by no more than the CPI percentage for
Medical
WHEREAS,
Heartland Home Health
WHEREAS,
the Senior Housing residents will pay for these services on a User Fee basis;
and
WHEREAS,
the contract has been reviewed by the City
RESOLVED,
that the agreement between Heartland Home Health
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to sign the contract
drafted and approved by the City
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the control of timber, grass, and wildland fires is essential to an effective
wildland fire control program; and
WHEREAS,
the Midland Fire Department is actively engaged in the prevention and
suppression of all fires; and
WHEREAS,
it has been determined to be advantageous to the Midland Fire Department, in
the proper discharge of its responsibilities, to make certain equipment
available to the department for rural fire control; now therefore
RESOLVED,
that in order to maximize the prompt, full and effective use of resources of
all participating governments in providing reasonable protection from
uncontrolled fires occurring in natural cover fuels, we hereby adopt the
Cooperative Mutual Aid Fire Control Agreement which is attached hereto and
fully incorporated herein by reference; and
RESOLVED
FURTHER, that the City
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the cost of chemicals purchased from Turfgrass, Inc. for the Golf Course has
exceeded the original purchase order limit of $90,000; and
WHEREAS,
the cost of chemicals purchased from the other two low-bid chemical companies
has not exceeded their original estimated levels; and
WHEREAS,
sufficient funds are included in the Horticultural Supplies line item in the
FY07/08 Golf Course budget and the total amount of payments will not exceed the
funding; now therefore
RESOLVED,
that the Purchasing Agent is authorized to increase the existing purchase
order #23600 to Turfgrass, Inc. of
South Lyon, Michigan up to the amount of $110,000 for the purchase of chemicals
to maintain the Golf Course. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
sealed bids for Bid No. 3116, Mechanical Joint Fittings, have been advertised
and received in accord with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS,
the bid received from H.D. Supply Waterworks
is not being recommended because 9 of the 66 items indicated “no bid”; and
WHEREAS,
the bid received from East Jordan Iron Works
is not being recommended because 7 of the 66 items indicated “no bid”; and
WHEREAS,
staff considers the Etna Supply Company bid to be acceptable, and recommends
award for the 2008/09 fiscal year purchases of mechanical joint fittings; and
WHEREAS,
funds are available in the Water Fund Inventory Account; now therefore
RESOLVED,
that a purchase order is hereby authorized to Etna Supply Company of Grand
Rapids, MI, in an amount not to exceed $58,381.33; and
RESOLVED
FURTHER, that the City
The following resolution
was offered by Councilman Adams and seconded by Councilman Rokosz:
RESOLVED, that in
accordance with Section 11.6 of the Charter of the City of Midland, a public
hearing shall be conducted at 7:00 p.m., Monday, July 14, 2008, in the Council
Chambers of City Hall on the proposal to amend the General Fund’s 2008-09
budget to include the receipt of $17,677,757 in Tax Limited General Obligation
Judgment Bond issue proceeds, the related bond issue costs of $121,743, and the
subsequent tax refund payment of $34,139,227 to the Midland Cogeneration Venture
(MCV) as ordered by the Consent Judgment
from the Michigan Tax Tribunal dated April 18, 2008 as final resolution of the
tax appeal for the tax years 2001 through 2007.
(Motion ADOPTED.)
Mayor Bruce
Johnson introduced a discussion on the City Council’s job performance reviews
for the City Attorney and City Manager.
The following two resolutions were then presented for
consideration.
The following
resolution was offered by Councilman Adams and seconded by Councilman Donker:
RESOLVED, that the
salary of James O. Branson III, City
RESOLVED FURTHER, that
all other terms and conditions of the employment agreement shall remain in
effect. (Motion ADOPTED. Yeas:
Adams, Donker, Johnson, McKeag
Nays: Rokosz)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that the salary of Jon Lynch, City
RESOLVED
FURTHER, that the City’s contribution to his retirement plan in the ICMA Retirement
Corporation (ICMA-RC) be increased from 4.5% to 5%; and
RESOLVED
FURTHER, that all other terms and conditions of the employment agreement shall
remain in effect. (Motion ADOPTED. Yeas:
Adams, Donker, Johnson, McKeag
Nays: Rokosz)
Being
no further business the meeting adjourned at 9:18 p.m.
______________________________________
Selina Tisdale, City