June 8, 2009

 

A regular meeting of the City Council was held on Monday, June 8, 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 May 18, 2009 regular meeting was offered by Councilman Adams and seconded by Councilman Donker.  (Motion ADOPTED.)

 

RECOGNITION OF DOW HIGH GIRLS’ TENNIS TEAM – DIV. 1 STATE CHAMPIONSHIP

Communications Coordinator Libby Richart introduced Garrett Turner, Head Coach for the Dow High School Girls’ Tennis Team.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to the H. H. Dow High School Girls’ Tennis Team for achieving the school’s first-ever Division 1 State championship in girls’ tennis. (Motion ADOPTED.)  Mayor Johnson presented Mr. Turner with the proclamation.

 

AMATEUR RADIO WEEK

Communications Coordinator Libby Richart introduced Keith Johnson, Vice President of the Midland Amateur Radio Club.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 22 – 28, 2009, as Amateur Radio Week and June 28, 2009, as Amateur Radio Day in Midland.  (Motion ADOPTED.)  Mayor Johnson presented Mr. Johnson with the proclamation.

 

FEMA COMMUNITY RATING SYSTEM “CLASS 5” PLAQUE

Planning and Community Development Director Keith Baker introduced Joy Brooks, District Floodplain Engineer, Michigan Department of Environmental Quality, Bay City Office, who presented a plaque recognizing the City of Midland for its receipt of a “Class 5” Floodplain Management Rating from the Federal Emergency Management Agency Community Rating System Program.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

WHEREAS, the National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements; and

WHEREAS, as a result of the City of Midland’s participation in this program, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the City’s action by meeting the goals of the CRS program; and

WHEREAS, for CRS participating communities, flood insurance premium rates are discounted in increments of 5%; i.e., a Class 1 community would receive a 45% premium discount, while a Class 9 community would receive a 5% discount; and

WHEREAS, The City of Midland has earned accreditation as a Class 5 community, one of only two in the state of Michigan, which equates to a 25% reduction in flood insurance premiums for property owners, resulting in an estimated savings to policy holders in the city of Midland of approximately $55,000 per year; now therefore 

RESOLVED, the City of Midland City Council acknowledges receipt of a plaque from the National Flood Insurance Program recognizing the City of Midland as a CRS Class 5 community.  (Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY PROJECT

Utilities Director Noel Bush presented a report on the Landfill Gas to Energy Project.  A public hearing opened at 7:58 p.m., recognizing no public comments, the hearing closed at 7:58 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, a public hearing was held by the City Council on June 8, 2009, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the plan detailing the proposed Landfill Gas to Energy project; now therefore

RESOLVED, staff is hereby directed to incorporate into the Final Landfill Gas to Energy Project Plan, 1) a list of the attendees of the public hearing on the proposed plan, 2) responses to any written comments that were received during the public comment period for the proposed plan, and 3) a description of any changes which were made to the project as a result of the public participation process.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WATER & SEWER RATE ORDINANCE AMENDMENTS

Utilities Director Noel Bush presented information on ordinances that would amend water rates and sewer rates.  The following two ordinance amendments were then presented for consideration.

 

WATER RATES ORDINANCE AMENDMENT (1ST reading)

Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. _______

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        $1.18

(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

AMOUNT

     5/8" – 3/4”

 $31.05

 $31.93

1"

 $40.37

$41.51

1- 1/2"

 $49.68

$51.09

2"

 $80.73

$83.02

3"

 $310.50

$319.30

4"

 $403.65

$415.09

6"

 $589.95

$606.67

8"

 $838.35

$862.11

(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, 2009.  (Motion ADOPTED.  Considered first reading.)

 

SEWER RATES ORDINANCE AMENDMENT

Introduction and first reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. _______

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

AMOUNT

     5/8" – 3/4"

 $37.12

$38.80

1"

$48.26

$50.44

1 – 1/2"

 $59.39

$62.08

2"

 $96.51

$100.88

3"

 $371.20

$388.00

4"

 $482.56

$504.40

6"

 $705.28

$737.20

8"

$1,002.24

$1,047.60

(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               $1.87

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, 2009.  (Motion ADOPTED.  Considered first reading.)

 

SCENIC ESTATES NO. 7 FINAL PLAT

Planning and Community Development Director Keith Baker presented for approval the Final Plat of Scenic Estates No. 7 – a residential subdivision of 29 lots on 15.34 acres located east of Jefferson Avenue and south of Wackerly Street.  Petitioner John Rapanos responded to Council questions regarding the project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Final Plat of Scenic Estates No. 7 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Scenic Estates No. 7, in accordance with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

BOARDS AND COMMISSIONS INTERVIEW PROCESS

Community Relations Director Selina Tisdale presented a report on the boards and commissions interview process.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby receives and files the staff report on the boards and commissions interview process.  (Motion ADOPTED.)

 

BICYCLE FRIENDLY COMMUNITY WORKSHOP GRANT

Planning and Community Development Director Keith Baker presented a grant of $2,500 from the Midland Area Community Foundation for the purpose of conducting a League of American Bicyclists, Bicycle Friendly Community Workshop.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland established the Non-Motorized Transportation Advisory Committee to research non-motorized related issues such as walking, bicycling, skating and handicapped accessibility; and

WHEREAS, the Non-Motorized Transportation Advisory Committee has developed a draft plan outlining recommended actions for future programs and public infrastructure improvement; and

WHEREAS, one of the plan’s first implementation recommendations is to conduct a workshop and seek recognition as a “Bicycle Friendly Community” from the League of American Bicyclists; and

WHEREAS, the City has applied for and been awarded, $2,500.00 from the Midland Area Community Foundation for the purpose of conducting said workshop; now therefore

RESOLVED, that the City Council hereby accepts the generous gift of $2,500.00 from the Midland Area Community Foundation for the purpose of conducting a League of American Bicyclists, Bicycle Friendly Community workshop to assist the City of Midland in becoming a more bicycle friendly community through assessment of local conditions, highlighting bicycle safety and use, validation of the City’s non-motorized transportation plan and encouragement of physical activity and health through bicycling in the community.  (Motion ADOPTED.)

 

PROPERTY PURCHASE – 1005 NORTH STREET

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

 

WHEREAS, the City of Midland will receive $66,154 in Community Development Block Grant (CDBG) funds from the “American Recovery and Reinvestment Act of 2009”; and

WHEREAS, said funds are proposed to be used for Housing Rehabilitation Loans to connect homes to sanitary sewer lines and for Rehabilitation Program Administration; and

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

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, June 22, 2009, in the Council Chambers of City Hall on the proposal to amend the 2009-2010 Community Development Block Grant Fund budget to increase revenues by $66,154 for the city’s acceptance of the CDBG funds from the Recovery Act, and increase expenditures by $66,154 to provide budgetary authorization to spend said grant, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

JULY 2009 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2009; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2009 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2009 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2009; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2009 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2009 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2009; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2009 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2009 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2009; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2009 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2009 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2009; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2009 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2009 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2009 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

            1996 Street Improvement                                                           $    4,148.68

            2005 Street Improvement                                                                 2,638.86

            2008 Street Improvement                                                                 9,419.79

                        Subtotal Street Improvement Rolls                                $   16,207.33

Sanitary Sewer Improvement Rolls

            1996 Sanitary Sewer Improvement                                            $    2,306.56

            2003 Sanitary Sewer Improvement                                                16,244.52

                        Subtotal Sanitary Sewer Improvement Rolls                  $  18,551.08

Sidewalk Improvement Rolls

            2004 Sidewalk Improvement                                                      $    5,511.21

            2005 Sidewalk Improvement                                                            2,602.38

           2006 Sidewalk Improvement                                                               542.42

            2007 Sidewalk Improvement                                                            2,892.00

                      Subtotal Sidewalk Improvement Rolls                             $   11,548.01

2009 Downtown Economic Revitalization Roll (SARA)                        $   36,017.96

Accounts Receivable Roll                                                                      $   38,494.46

TOTAL SPECIAL ASSESSMENT ROLL                                             $ 120,818.84

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2009 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

CORRIDOR IMPROVEMENT AUTHORITY REAPPOINTMENTS

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

 

RESOLVED, that in accord with Section 8 of Act 280 of 2005, the Corridor Improvement Authority Act, the City Council confirms the reappointment of Greg Adkins and Dave Ginis to the Corridor Improvement Authority for terms to expire June 30, 2013.  (Motion ADOPTED.)

 

TEMPORARY OUTDOOR SERVICE LIQUOR LICENSE

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

 

RESOLVED, that the City Council hereby approves the requests by Oscars Restaurant and The H Hotel to conduct the sale of alcohol on that portion of the Main Street right-of-way adjacent to said restaurants on June 20, 2009 during the hours indicated on the LCC Application for Temporary Authorization and the City Clerk is hereby authorized and directed to sign said applications.  (Motion ADOPTED.)

 

BUSINESS AFTER HOURS EVENT SIGNAGE PLACEMENT

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

 

RESOLVED, that the request from the Midland Area Chamber of Commerce seeking permission to place three sandwich boards in the public right-of-way on June 18 to direct attendees to a regional Business After Hours event inside The H Hotel is hereby approved on the condition that clear vision requirements are followed and the signs do not obstruct the vision of motorists; and

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

 

BOOK ORDERING AND PROCESSING SERVICES - LIBRARY

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Company has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2009/2010; now therefore

RESOLVED, that the current contract with Brodart Company for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2009/2010 in an amount not to exceed $300,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

CALCIUM OXIDE PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Calcium Oxide, Bid No. 3186, for a period of one year beginning July 1, 2009, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, purchases of Calcium Oxide will be made in the 2009/10 fiscal year Water Fund Inventory Account #591-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by Western Lime of West Bend, WI for the indicated price per ton of $126.00 for up to 1,200 tons of Calcium Oxide for a period of one year beginning July 1, 2009, with the option of up to two, one-year price extensions, at an annual amount of $151,200.00, is hereby accepted and a purchase order is authorized; and

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

 

FERRIC CHLORIDE PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Ferric Chloride, Bid No. 3186, for a period of one year beginning July 1, 2009, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, purchase of Ferric Chloride will be made 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 $588.00 for up to 500 tons (250 each for the Water and Wastewater Treatment Plants), at a total aggregate contract amount not to exceed $294,000.00, for a period of one year beginning July 1, 2009, is hereby accepted and purchase orders are authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes in an aggregate amount not to exceed $5,000.00 for each purchase order.  (Motion ADOPTED.)

 

HYDROFLUOSILICIC ACID PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Hydrofluosilicic Acid, Bid No. 3186, for a period of one year beginning July 1, 2009, 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 $712.00 for up to 92 tons per year, at a total contract amount of $65,504.00, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, the City Manager has the authority to approve changes modifying this purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

WATER SERVICE FITTINGS PURCHASE

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

 

WHEREAS, sealed bids for Bid No. 3185, Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low total bid received from ETNA Supply Company of Grand Rapids in the amount of $26,940.49 is accepted for 2009/10 fiscal year purchases of water service fittings; and

WHEREAS, purchases of water service fittings will be made in Water Fund Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that a purchase order is hereby authorized to ETNA Supply Company of Grand Rapids, in an amount not to exceed $26,940.49; and

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

 

TRENCHLESS SEWER REPAIRS

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

 

WHEREAS, on May 26, 2009, sealed bids for Trenchless Sewer Repairs, Bid No. 3189, were advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the rates for lining pipe were established based on the diameter and length of identified stretches of pipe in the Swede Ave and downtown areas; and

WHEREAS, low total bid for the specified sizes and lengths of pipe was submitted by Reynolds Inliner of Hilliard, Ohio in the amount of $198,210.00; and

WHEREAS, the total low bid received was much lower than what is currently budgeted for sewer linings, and an additional stretch of pipe needing repair totaling $44,390.00 was added to the contract at the indicated unit prices, bringing the total award to $242,600.00; and

WHEREAS, funding has been budgeted for the purpose of sewer lining in the 2009/10 Wastewater Fund, account #590-9120-912.97-50 – Sewer System; now therefore

RESOLVED, that a purchase order to Reynolds Inliner in the amount of $242,600.00 for the lining of sanitary sewers of varying diameters and lengths, is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

2009 SWEDE AVENUE RECONSTRUCTION AND SANITARY SEWER

The following resolution was offered by Councilman Adams 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 reconstruction and resurfacing of Swede Avenue from Ashman Street to Wheeler Street and the installation of a sanitary sewer on Swede Avenue near Hillgrove Parkway and a sanitary sewer on Hillgrove Parkway from Swede Avenue to McKeith Road; and

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

RESOLVED, that the low sealed proposal submitted by Malley Construction, Inc. of Mt. Pleasant, Michigan, for the "2009 Swede Avenue Reconstruction and Sanitary Sewer; Contract No. 6", in the indicated amount of $672,650.90, 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.)

 

PROPOSED 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET AMENDMENT

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

 

WHEREAS, the City of Midland will receive $66,154 in Community Development Block Grant (CDBG) funds from the “American Recovery and Reinvestment Act of 2009”; and

WHEREAS, said funds are proposed to be used for Housing Rehabilitation Loans to connect homes to sanitary sewer lines and for Rehabilitation Program Administration; and

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

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, June 22, 2009, in the Council Chambers of City Hall on the proposal to amend the 2009-2010 Community Development Block Grant Fund budget to increase revenues by $66,154 for the City’s acceptance of the CDBG funds from the Recovery Act, and increase expenditures by $66,154 to provide budgetary authorization to spend said grant, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

2009 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

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

 

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 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement 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 thirteenth day of July, 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 the date of the thirteenth day of July, 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.)

 

Being no further business the meeting adjourned at 9:00 p.m.

 

 

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            Selina Tisdale, City Clerk