April 27, 2009

 

A regular meeting of the City Council was held on Monday, April 27, 2009, 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

 

MINUTES

Approval of the minutes of the April 13, 2009 regular, April 14, 2009 and April 20, 2009, special  meetings was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

2009 SARA DISTRICT

City Assessor Reid Duford and Planning and Community Development Director Keith Baker presented information on the 2009 Downtown Economic Revitalization Public Improvement Special Assessment District and Special Assessment Roll.  The following two resolutions were then presented for consideration.

 

2009 SARA HEARING OF NECESSITY

A public hearing opened at 7:21 p.m., recognizing no public comments, the hearing closed at 7:21 p.m.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated March 23, 2009, said district being:

          That area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17,

          the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West

          Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the

          Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the

          Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of

          Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all

          within the City of Midland, Midland County, Michigan.

and has heretofore established one special assessment district designated:

"2009 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 27, 2009, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand thirty-five and 92/100 dollars ($72,035.92) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand thirty-five and 92/100 dollars ($72,035.92) shall be borne and paid by special assessment on all lands and premises in said 2009 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"2009 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT  DISTRICT"         

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2009 SARA ASSESSMENT ROLL

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "2009 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the eleventh day of May, 2009, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the eleventh day of May, 2009, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor's Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion ADOPTED.)

 

2009-10 PROPOSED BUDGET

Fiscal Services Director David Keenan reviewed the City Manager’s Proposed 2009-10 Budget.  A public hearing opened at 7:28 p.m.  Dick McCreadie, 2700 Washington, voiced his opposition to the proposed tax increase.   Larry Pillepich, 3602 McKeith Street, spoke regarding the Midland Community Television budget.  Jim Orlando, 5003 Butterfield Drive, spoke regarding various budget proposals.  Sid Allen, President of the Midland Area Chamber of Commerce, spoke in support of the proposed budget. The hearing closed at 7:56 p.m. 

 

2008-09 BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the budgets and financial working plans for the 2008-09 fiscal year.  A public hearing opened at 8:26 p.m., recognizing no public comments, the hearing closed at 8:26 p.m. 

 

PUBLIC COMMENTS

No public comments were made.

 

PARKING VIOLATIONS – ORDINANCE AMENDMENT (1st reading)

City Attorney James O. Branson, III presented information on an ordinance to amend Section 21-130 of Article VIII of Chapter 21 of the Midland Code of Ordinances regarding penalties for parking violations.  Larry Pillepich, 3602 McKeith Street, commented on the increase in the costs of parking violations.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Donker:

 

ORDINANCE NO. _______

An ordinance to amend the Code of Ordinances of the City Of Midland, Michigan, by amending Section 21-130 of Article viii of Chapter 21 thereof. 

The City of Midland Ordains:

Section 1.        Section 21-130 of Article VIII of Chapter 21 is hereby amended to read as follows:

Sec. 21-130.   Parking violations and penalty schedule.

The following parking violations may be settled by payment of the penalty designated:

                        Offense                                                                                               Penalty

(1)              Failure to display required permit                                           $7.00   $15.00

(2)              Parking too far from curb                                                       $7.00   $15.00

(3)              Angle parking violations                                                          $7.00   $15.00

(4)              Obstructing traffic                                                                   $15.00 $30.00

(5)              Prohibited parking (signs unnecessary):                                           

a.          On sidewalk                                                                $7.00   $15.00

b.          In front of a public or private driveway                       $7.00   $30.00

c.          Within an intersection                                                  $15.00 $30.00

d.          Within 15 feet of hydrant                                            $15.00 $30.00

e.          On a crosswalk                                                           $7.00   $30.00

f.           Within 20 feet of a crosswalk or 15 feet of corner     $7.00   $15.00

lot lines

g.          Within 30 feet of traffic control signalor signal       $7.00   $15.00

or device

h.          Safety zone                                                                 $15.00 $30.00

i.            Within 50 feet of a railroad crossing                           $15.00 $50.00

j.            Within 20 feet of a fire station entrance                      $15.00 $30.00

k.          Within 75 feet of a fire station entrance                      $15.00 $30.00

(on opposite side of street, signs required)

l.            Beside street excavation when traffic obstructed      $15.00 $30.00

m.         Double parking                                                            $7.00   $30.00

n.          On bridge or viaduct or within tunnel                          $15.00 $30.00

o.          Within 200 feet of accident where police in                $7.00   $15.00

attendance

p.          In front of any theater                                                 $7.00   $15.00

q.          Blocking emergency exit                                            $15.00 $30.00

r.           Blocking fire escape                                                   $15.00 $30.00

(6)              Leaving vehicle unattended with the motor running or           $7.00  $15.00

            with keys in vehicle    

(7)              In prohibited zones (signs required)                                        $7.00   $15.00

(8)              In an alley                                                                                $7.00   $15.00

(9)              Parking on lawn extension                                                      $7.00   $15.00

(10)                Parking for prohibited purpose:

a.          Displaying vehicle for sale                                          $7.00   $15.00

b.          Working on or repairing vehicle                                  $7.00   $15.00

c.          Displaying advertising                                                 $7.00   $15.00

d.          Selling merchandise                                                   $7.00   $15.00

e.          Storage over 48 hours                                                $7.00   $15.00

(11)                Wrong side boulevard roadway                                              $7.00   $15.00

(12)                Loading zone violation                                                            $7.00   $15.00

(13)                Bus, parking other than bus stop                                            $7.00   $15.00

(14)                Taxicab, parking other than cab stand                                   $7.00   $15.00

(15)                Bus, taxicab stand violations                                                  $7.00   $15.00

(16)                Meter violations                                                                       $5.00   $10.00

(17)                Meters, not parked within space                                             $7.00   $15.00

(18)                Violations of parking lot parking regulations                           $7.00   $15.00

(19)                Parking on footwalks, bridges, paths, sidewalks, grass         $7.00   $30.00

plots or planted spaces of park or boulevard

(20)                Parking on streets between 3:00 a.m. and 6:00 a.m. $7.00   $30.00

(21)                Failure to set brakes                                                               $7.00   $15.00

(22)                Parked on grade, wheels not turned to curb                          $7.00   $15.00

(23)                Bicycle parking violations                                                       $7.00   $15.00

(24)                Overtime parking violations                                                    $5.00   $10.00

(25)                Left wheel to curb (car must be parked in direction of           $7.00   $15.00

lawful traffic movement)       

In the event any of the foregoing penalties are not paid within seven (7) days from the date of issuance of the traffic ticket or notice of violation, the amount of penalty shall double. 

Section 2.  This Ordinance shall take effect on July 1, 2009.  (Motion ADOPTED.  Considered first reading.)

 

SITE PLAN NO. 288 – ARNOLD CENTER

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 288, the request of Arnold Center for a 14,152 square foot addition located at 400 Wexford Avenue on 0.32 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 288 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. 288, 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.

      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 location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      7.   A sidewalk shall be constructed on Wexford to extend the existing sidewalk at the corner of Tibbs and Wexford to the entrance drive at the easternmost end of the site.

      8.   The sidewalk on Tibbs Street shall remain.

      9.   The total number of on-site parking stalls shall not exceed 61.

      10. All exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02(E)(2) of the Zoning Ordinance.

(Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY PROJECT

Utilities Director Noel Bush gave an update on the Landfill Gas to Energy project and presented a resolution authorizing and directing staff to initiate the application process for State Revolving Fund financing, the City Clerk to publish a notice of intent to issue bonds and related to the financing of said project, increasing purchase orders to CTI & Associates for engineering assistance and to Miller, Canfield, Paddock & Stone, P.L.C. for legal assistance and setting a public hearing on the plan detailing the proposed project for June 8, 2009.  The following four resolutions were then presented for consideration.

 

LANDFILL GAS TO ENERGY PROJECT – STATE REVOLVING FUND APPLICATION

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland continues to develop plans and specifications for a renewable energy project, currently estimated to cost $10,000,000, that will utilize landfill gas, to generate renewable electric power and heat for the City’s Water and Wastewater Treatment facilities, and other City facilities; and

WHEREAS, the City of Midland currently spends in excess of $2,000,000 annually for electricity at all city facilities; and

WHEREAS, when power-generation reaches full production a 30% reduction in the cost of electricity to City facilities is expected and a 50% reduction in natural gas are expected at the City’s Water and Wastewater plants; and

WHEREAS, staff has been evaluating financing options for the City’s landfill gas to energy project (LFG2E), and has learned that the federal American Recovery and Reinvestment Act (ARRA) of 2009 is providing additional funding to Michigan’s State Revolving Fund Program (SRF), with the City’s LFG2E project receiving high priority because it will provide alternative energy to the City’s water and wastewater treatment plants; and

WHEREAS, the $10,000,000 SRF loan request would provide a 20 year amortization, of which up to 23% will be forgiven under the provisions of the ARRA, while the residual funding will accrue interest at 2.5%; and

WHEREAS, the repayment of the debt principal and interest will be derived via proceeds from the sale of the electricity, and should those proceeds not be sufficient, debt service shall come from operating revenue of the City’s Landfill; and

WHEREAS, although the City intends to make the principal and interest payments with revenues generated by the project, the SRF requires the municipality to commit a Limited Tax General Obligation (LTGO) bond as collateral, therefore, the City must follow the process of issuing a LTGO bond even though it does not intend to use it; and

WHEREAS, there are two immediate SRF application requirements in order for the LFG2E project to be considered in the 2010 funding and are being solicited under separate resolutions, 1) the City Council must adopt a resolution of intent to issue $10 million in LTGO bonds for this project, and 2) a public hearing must be held thirty days after notice of the public hearing to solicit public comment on the detailed LFG2E project plan; and

WHEREAS, the application process for SRF funding may be discontinued by the City at any time prior to the closing date, and if successful, only the funds actually drawn on the loan will constitute the principal for the final loan/grant document, while if the SRF application is not successful the City does not intend to sell bonds to provide financing, but instead, will finance the LFG2E project using available working capital from the Landfill and Wastewater Enterprise Funds, and will extend the time to initiate the project; now therefore

RESOLVED, that City staff is hereby authorized and directed to initiate the application process for State Revolving Fund (SRF) financing of up to $10,000,000 related to the development and construction of the City’s Landfill Gas to Energy Project.  (Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY – INTENT TO ISSUE BONDS

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland, Counties of Midland and Bay, State of Michigan (the “City”) determines it to be necessary for the public health, safety and welfare of the City and its residents to acquire and construct a methane recovery system from the City’s landfill and a methane powered electric generating facility, together with any appurtenances and attachments thereto and any related site acquisition or improvements (the “Capital Improvements”); and

WHEREAS, under the provisions of Section 517 of Act No. 34, Public Acts of Michigan, 2001, as amended  (“Act 34”) a City may issue municipal securities to pay the cost of any capital improvement items within the limitations provided by law; and

WHEREAS, the issuance by the City of bonds under Section 517 of Act 34 in an amount not to exceed Ten Million Dollars ($10,000,000) (the “Bonds”) for the purpose of financing costs of acquisition and construction of the Capital Improvements appears to be the most practical means to that end; and

WHEREAS, Act 34 requires that the aggregate outstanding balance of municipal securities issued under Section 517 of Act 34 by a City shall not exceed 5% of the state equalized valuation of the property assessed in that City, and after the issuance of the Bonds the outstanding balance of all municipal securities issued under Section 517 of Act 34 by the City will not exceed this limit; and

WHEREAS, a notice of intent to issue bonds must be published in order to comply with the requirements of Section 517 of Act 34 and Section 5(g) of the Home Rule Cities Act, Act 279, Public Acts of Michigan, 1909, as amended; and

WHEREAS, the Internal Revenue Service has issued Treasury Regulation § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended, governing proceeds of debt used for reimbursement, pursuant to which the City must declare official intent to reimburse expenditures with proceeds of such debt before making the expenditures; now therefore

RESOLVED, that

1.         The City Clerk is hereby authorized and directed to publish a notice of intent to issue the Bonds in The Midland Daily News, a newspaper of general circulation in the City.

2.         The notice of intent shall be published as a one-quarter (1/4) page display advertisement as required by Section 517 of Act 34, and shall be in substantially the following form:

NOTICE TO ELECTORS AND TAXPAYERS
OF THE CITY OF MIDLAND
OF INTENT TO ISSUE BONDS SECURED BY THE
TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON

PLEASE TAKE NOTICE that the City Council of the City of Midland, Counties of Midland and Bay, State of Michigan, intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in the maximum aggregate principal amount not to exceed Ten Million Dollars ($10,000,000) for the purpose of paying costs to acquire and construct a methane recovery system from the City’s landfill and a methane powered electric generating facility, together with any appurtenances and attachments thereto and any related site acquisition or improvements.

The bonds may be issued in one or more series and may be combined with bonds issued for other purposes as shall be determined by the City Council.  Each series of the bonds will mature in annual installments not to exceed the maximum permitted by law, with interest on the unpaid balance from time to time remaining outstanding on said bonds to be payable at rates to be determined at sale of the bonds but in no event to exceed such rates as may be permitted by law.  Bond proceeds may be used for capitalized interest to the extent permitted by law.

SOURCE OF PAYMENT OF BONDS

The City intends to pay the principal and interest of the Bonds from revenues received by the City from the operations of the facility being constructed with bond proceeds.  In case of the insufficiency of these revenues, the principal of and interest on the Bonds shall be payable from the general funds of the City lawfully available for such purposes including property taxes levied within existing charter, statutory and constitutional limitations.

RIGHT OF REFERENDUM

THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A VALID PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS RESIDING WITHIN THE CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE.  If such petition is filed, the bonds may not be issued without an approving vote of a majority of the qualified electors of the City voting thereon. 

THIS NOTICE is given pursuant to the requirements of Section 517 of Act 34, Public Acts of Michigan, 2001, as amended, and Section 5(g), Act 279, Public Acts of Michigan, 1909, as amended.  Further information concerning the matters set out in this notice may be secured from the City Clerk’s office.

Selina Tisdale, City Clerk
City of Midland


3.         The City Council does hereby determine that the foregoing form of notice of intent to issue the Bonds, and the manner of publication directed, is adequate notice to the electors of the City and is the method best calculated to give them notice of the City’s intent to issue the Bonds, the purpose of the Bonds, the source of payment of the Bonds, the security for the Bonds, and the right of referendum of the electors with respect thereto.  The City Council does hereby determine that the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed and the newspaper complies with the requirements of Act No. 247, Public Acts of Michigan, 1963.

4.         The City may incur expenditures for the Capital Improvements prior to receipt of proceeds of the Bonds, and may advance moneys for that purpose from the City’s general fund to be reimbursed from proceeds of the Bonds when available.  The City shall keep a specific record of all such expenditures. 

5.         The City hereby makes the following declaration of intent for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:

(1)        The City reasonably expects to reimburse itself for the expenditures described in (2) below with proceeds of debt to be incurred by the City.

(2)        The expenditures described in this paragraph (2) are to pay certain costs associated with the Capital Improvements which were or will be paid subsequent to sixty (60) days prior to the date hereof or which will be paid prior to the issuance of the debt from the general funds or capital fund of the City.

(3)        As of the date hereof, the maximum principal amount of debt expected to be issued for reimbursement purposes, including reimbursement of debt issuance costs, is $10,000,000 which debt may be issued in one or more series and/or together with debt for other purposes.

(4)        A reimbursement allocation of the expenditures described in paragraph (2) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Capital Improvements are placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid.  A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Capital Improvements to reimburse the City for a capital expenditure made pursuant to this Resolution.

(5)        The expenditures for the Capital Improvements are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of “placed in service” under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).

(6)        No proceeds of the borrowing paid to the City in reimbursement pursuant to this Resolution will be used in a manner described in Treas. Reg. § 1.150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in paragraph (4) above.

6.         All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded.  (Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY – PLAN PUBLIC HEARING (6/8/09)

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Right of Referendum giving notice of the City’s intent to seek financing for the capital improvements associated with generating renewable electric power and heat from the City’s landfill gas (enhanced by wastewater sludge) has been approved by Council; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted Monday, June 8, 2009 at 7:00 p.m. in the Council Chambers of City Hall on the plan detailing the proposed Landfill Gas to Energy project. (Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY – ENGINEERING AND LEGAL ASSISTANCE

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Right of Referendum giving notice of the City’s intent to seek financing for the capital improvements associated with generating renewable electric power and heat from the City’s landfill gas (enhanced by wastewater sludge) has been approved by Council; and

WHEREAS, further engineering and legal assistance is now required to navigate through the process of seeking financing for the project, and regulatory hurdles associated with a power generation facility and the sale of electricity; and

WHEREAS, Funding is provided in project LF0707 – Landfill Gas to Energy for both engineering and legal assistance; now therefore

RESOLVED, that an increase of $25,000 to the existing purchase order of $19,500 (total $44,500) to CTI & Associates, Inc of Brighton, Michigan for engineering assistance in procuring the necessary financing associated with the Landfill Gas to Energy Project is hereby approved; and

RESOLVED FURTHER, that an increase of $25,000 to the existing purchase order of $45,000 (total $70,000) to Miller, Canfield, Paddock and Stone, P.L.C. of Lansing, Michigan for legal assistance related to the operation of a power generation facility and regulatory hurdles to the City’s ability to sell the generated electricity is hereby approved. (Motion ADOPTED.)

 

HOMER TOWNSHIP WATER SERVICE AGREEMENT – 4TH AMENDMENT

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City has received a request from the County of Midland to provide an exception to the two inch water connection limitation in the Homer Township Water Service Agreement in order to provide service to the new Pinecrest Farms Adult Foster Care facility in Homer Township; and

WHEREAS, the City and Homer Township have negotiated a fourth amendment to said water service agreement granting the County’s request; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Fourth Amendment to the Homer Township Water Service Agreement.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT – MIDLAND COMMUNITY CENTER

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the attached Easement Agreements from the Greater Midland Community Centers, Inc., to the City of Midland, for public water mains and sewers on their private Midland Community Center site on Jefferson Avenue in Section 16, T. 14 N., R. 2 E., are hereby accepted and that the Easement Agreements are ordered recorded.  (Motion ADOPTED.)

 

2008 ANNUAL DRINKING WATER QUALITY REPORT

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the 2008 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk.  (Motion ADOPTED.)


ANNUAL BIKE AUCTION

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 2, 2009 with the net proceeds being deposited in the General Fund or other appropriate City funds.  (Motion ADOPTED.)

 

CURRIE GOLF COURSE CHECKING ACCOUNT

Fiscal Services Director David Keenan presented a resolution authorizing the City Treasurer to open a new checking account for the Currie Municipal Golf Course. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Currie Municipal Golf Course was recently approved to sell alcoholic beverages on its premises; and

WHEREAS, the State of Michigan prohibits licensed sellers of alcoholic beverages, such as the Currie Municipal Golf Course, from purchasing on credit alcoholic beverages for resale; and  

WHEREAS, the City of Midland desires to establish a separate bank account at Chemical Bank to process transactions administered by the General Manager of the Golf Course, such as the purchase of alcoholic beverages; and

WHEREAS, Chemical Bank requires City Council approval to open an account of the City of Midland; now therefore

RESOLVED, the City Treasurer is authorized to open a bank account at Chemical Bank for the purpose of processing transactions administered by the General Manager of the Golf Course with the City Treasurer, Director of Fiscal Services, General Manager of the Golf Course and Golf Course Food and Beverage Manager as authorized signers on said account.  (Motion ADOPTED.)

 

WALK FOR THE ANIMALS EVENT

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the request from the Humane Society of Midland County to hold a “Walk for the Animals” fundraiser on Saturday, October 3, 2009, from 8:00 a.m. – 12:00 noon, utilizing the Rail Trail and the areas near the Farmers Market and Tridge, is hereby approved subject to the following conditions:

  • Walkers must obey all applicable traffic laws when crossing City streets.
  • Use of the Rail Trail is not exclusive and there may be other people utilizing the area.
  • Under Section 16.17 of the City’s Code of Ordinances, it is unlawful to post handbills on or to any public or private structure, tree or pole in the city.  It is also unlawful to place handbills in or upon any vehicle.  Littering is also prohibited.

;and

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

 

2009 PAVEMENT MARKING PROGRAM

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the annual pavement marking of major streets; and

WHEREAS, sufficient funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the sealed proposal submitted by P.K. Contracting, Inc. of Lake City, Michigan, for the "2009 Pavement Marking Program; Contract No. 16", in the indicated amount of $ 41,786, 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 this contract in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

2009 SANDOW AREA SANITARY SEWERS AND STREET RECONSTRUCTION

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

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 sanitary sewers and street reconstruction on Sandow Road, Prairie Creek Drive, Elmer Road, Glen Road and Solomon Road; and

WHEREAS, funding for this project is provided by the Local Street Fund, Wastewater Fund and special assessments paid by affected property owners; now therefore

RESOLVED, that the low sealed proposal submitted by 3-S Construction, Inc. of Midland, Michigan, for the "2009 Sandow Area Sanitary Sewers and Street Reconstruction; Contract No. 1", in the indicated amount of $1,361,305.90, 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.)

 

2009 SURFACE TREATMENT & CRACK SEALING PROGRAM

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack sealing of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal with adjusted quantities submitted by Highway Maintenance & Construction Company, Inc. of Romulus, Michigan for the "2009 Surface Treatment & Crack Sealing Program; Contract No. 4", in the amount of $430,000 based upon current funding levels 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 any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

ENHANCED GIS ACCESS AGREEMENT

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City has created and maintains a Geographic Information System (GIS) containing data in a geospatial format; and

WHEREAS, in accordance with Act 462 of 1996 of the Public Acts of the State of Michigan, as amended, the City has adopted Chapter 7 of the Midland Code of Ordinances, which provides for Enhanced Access to the City’s GIS data; and

WHEREAS, the Midland Public School District has requested the City provide its GIS data to the District and the City intends to grant said request; now therefore

RESOLVED, that City Council authorize the Mayor and City Clerk to execute an agreement between the City of Midland and the Midland Public School District for Enhanced Access to the City’s GIS data. (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

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 13,403 gallons of diesel fuel from C.F. Fick & Sons of Grayling, Michigan for $20,178.22 executed by the Purchasing Agent on April 14, 2009, is hereby approved.  (Motion ADOPTED.)

 

CRUSHED LIMESTONE PURCHASE

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing 22A Crushed Limestone; and

WHEREAS, funds have been provided in the General Fund and Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Bunting Sand & Gravel of West Branch, Michigan for delivering approximately 2,300 tons of 22A Crushed Limestone at a cost of $12.95 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

CONCRETE AND RELATED MATERIALS PURCHASE

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the sole sealed proposal meeting City specifications submitted by Fisher Sand and Gravel, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their April 14, 2009 response to our Bid No. 3178 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposal and the City specifications.  (Motion ADOPTED.)

 

BITUMINOUS MATERIAL PURCHASE

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in the Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Saginaw Asphalt of Saginaw, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $47.40 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 34

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, Greg Weckesser submitted a request for a conditional use permit review and approval for the construction of a two-unit residential dwelling in an Office Service zoning district at 1804 Harcrest Drive on 0.37 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 May 18, 2009, 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 May 1, 2009 and to publish said notice on May 2, 2009.  (Motion ADOPTED.)

 

PROPOSED 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City of Midland will receive $243,589 in Community Development Block Grant funds for fiscal year 2009-10; and

WHEREAS, an anticipated fund balance of $32,964 will be carried over into the fiscal year; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on May 11, 2009, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:40 p.m.

 

 

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            Selina Tisdale, City Clerk