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 |
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.)
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
within the
City of
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
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.)
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.)
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.
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.
No
public comments were made.
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, the City
Council has received the recommendation of the City
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.)
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.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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:
;and
RESOLVED
FURTHER, that the
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.)
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.)
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
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.)
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.)
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.)
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.)
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.)
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
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.)
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.
______________________________________
Selina
Tisdale, City