June 22, 2009

 

A regular meeting of the City Council was held on Monday, June 22, 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 June 8, 2009 regular meeting was offered by Councilman Adams and seconded by Councilman Donker.  (Motion ADOPTED.)

 

2009-10 CDBG BUDGET AMENDMENT

Planning and Community Development Director Keith Baker introduced an amendment to the 2009-10 Community Development Block Grant Budget to reflect additional funding from the “American Recovery and Reinvestment Act of 2009”.  A public hearing opened at 7:11 p.m., recognizing no comments, the hearing closed at 7:11 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

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, a public hearing has been advertised to consider amending the Community Development Block Grant budget for the City of Midland for fiscal year 2009-2010; now therefore

RESOLVED, that in accord with Section 5.11 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, June 22, 2009, 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 economic stimulus grant (CDBG-R), and increase expenditures by $66,154 to provide budgetary authorization to spend said grant; and

RESOLVED FURTHER, that the 2009-2010 Community Development Block Grant Fund budget is hereby amended to increase revenues by $66,154 for the city’s acceptance of the American Recovery and Reinvestment Act of 2009, and increase expenditures by $66,154 to provide budgetary authorization to spend said grant.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WATER AND SEWER RATES ORDINANCE AMENDMENTS

Utilities Director Noel Bush presented information on the second reading of ordinances amending the Water and Sewer Rates.  The following two ordinance amendments were then presented for consideration.

 

WATER RATES ORDINANCE AMENDMENT

The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1681

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:      $1.18

(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

     5/8" – 3/4”

 $31.93

1"

$41.51

1- 1/2"

$51.09

2"

$83.02

3"

$319.30

4"

$415.09

6"

$606.67

8"

$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.  (Ordinance ADOPTED.)

 

SEWER RATE ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1682

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)          There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

 

Metered Service

Amount

     5/8" – 3/4"

$38.80

1"

$50.44

1 – 1/2"

$62.08

2"

$100.88

3"

$388.00

4"

$504.40

6"

$737.20

8"

$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:        $1.87

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.  (Ordinance ADOPTED.)

 

2010 WORLD SOFTBALL TOURNAMENT

Director of Public Services Karen Murphy presented a resolution pledging City support for a World Softball Tournament being sought by the Midland Explorers Booster Club.  Kyle Beane, President of the Midland Explorers Booster Club and David Lake, Co-Chair of the World Softball Tournament Committee, presented information on the tournament and encouraged Council support.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the Midland Explorers Booster Club has expressed interest in hosting the 2010 ISC World Tournament; and

WHEREAS, the Parks and Recreation Commission has passed a resolution recommending that the City Council lend City support to this effort; now therefore

RESOLVED, that the City Council hereby supports the Midland Explorers Booster Club’s request to host the 2010 ISC World Tournament; and

RESOLVED FURTHER, that the Council pledges City support if the event is secured, to include:

1.    Use of Emerson Park and Redcoats Complex from August 14-21, 2010.

2.    The right to charge admission for the event.

3.    The right to operate concessions including a beer concession.

4.    Support of the Parks and Recreation staff to operate the event.

(Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY FINAL PROJECT PLAN

Utilities Director Noel Bush presented for Council approval the Final Project Plan for the Landfill Gas to Energy Project.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

A RESOLUTION ADOPTING A FINAL PROJECT PLAN

FOR WASTEWATER SYSTEM IMPROVEMENTS AND

DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE

WHEREAS, the City of Midland, State of Michigan recognizes the need to make improvements to its existing wastewater treatment and collection system; and

WHEREAS, the City of Midland authorized CTI and Associates, Inc. to prepare a Project Plan, which recommends the construction of an Integrated Utilities Improvement Project; and

WHEREAS, copies of the plan detailing the proposed project were made available at the City Clerk’s office, the Grace A. Dow Memorial Library, the Utilities office at City Hall, and the City’s website, on May 8, 2009, 32 days prior to the public hearing date; and

WHEREAS, said Project Plan was presented at a Public Hearing held on June 8, 2009 and there were no public comments to consider or address;

NOW THEREFORE BE IT RESOLVED, that the City of Midland formally adopts said Project Plan and agrees to implement the selected alternative that incorporates the following components:

           Integration of WWTP sludge into landfill to enhance gas production 

           Green, renewable electricity generation utilizing landfill and WWTP digester gas.

BE IT FURTHER RESOLVED, that the Utilities Director, a position currently held by Noel Bush, is designated as the authorized representative for all activities associated with the project referenced above, including the submittal of said Project Plan as the first step in applying to the State of Michigan for a revolving fund loan to assist in the implementation of the selected alternative.  (Motion ADOPTED.)

 

LANDFILL GAS TO ENERGY PROJECT PLAN SOLICITATION FOR BIDS

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

 

WHEREAS, on June 22, 2009, City Council adopted the Final Project Plan for the City’s landfill gas-to-energy system or Integrated Utilities Improvement Project; now therefore

RESOLVED, that staff is hereby directed to solicit qualified bidders to design and build the power generation facility as part of the landfill gas-to-energy system, in accord with the City’s Code of Ordinances.  (Motion ADOPTED.)

 

WATER DISTRICT NO. 1 – WATER SERVICE AGREEMENT 2ND AMENDMENT

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

 

RESOLVED, that the Mayor is hereby authorized to execute the Second Amendment to Water District No. 1 of Midland County Water Service Agreement.  (Motion ADOPTED.)

 

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

City Clerk/Community Relations Director Selina Tisdale presented information on three resolutions making appointments to various boards and commissions.  The following three resolutions were then presented for consideration.

 

PARKS AND RECREATION COMMISSION APPOINTMENT

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

 

RESOLVED, that Kristin Bovid and Patty Carlson are hereby appointed as citizen-at-large members of the Parks and Recreation Commission to fill terms expiring June 30, 2010 and Marcia Steidemann is appointed as a citizen-at-large member for a term expiring June 30, 2012.  (Motion ADOPTED.)

 

LIBRARY BOARD APPOINTMENT

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

 

RESOLVED, that Suzanne Phillips is hereby appointed as a citizen-at-large member of the Library Board to fill a term expiring June 30, 2012.  (Motion ADOPTED.)

 


PLANNING COMMISSION APPOINTMENT

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

 

RESOLVED, that Shawn Pnacek is hereby appointed as a citizen-at-large member of the Planning Commission to fill a term expiring June 30, 2012.  (Motion ADOPTED.)

 

DIAL-A-RIDE COMMISSION REAPPOINTMENT

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

 

RESOLVED, that Donna Swain is hereby reappointed as a citizen-at-large member to the Dial-A-Ride Advisory Commission for a term expiring June 30, 2012.  (Motion ADOPTED.)

 

THOMAS & MARABETH HOFELICH FOUNDATION CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from     The Thomas and Marabeth Hofelich Foundation of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)

 

FARMERS MARKET – MONDAY NIGHTS ON MAIN STREET

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

 

RESOLVED, that the request from the DDA, the MDBA and the Chamber of Commerce to hold a Farmers Market on Monday evenings during July and August from 4 – 7 p.m., closing Main Street between Rodd and Townsend from 2 – 7:30 p.m. on those dates, is hereby approved subject to the following conditions:

  • A minimum 20-foot wide fire lane is to be maintained for emergency vehicle access. The fire lane is necessary should fire apparatus be required to access any of the buildings that face on the downtown streets.
  • The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions.
  • An area at least three feet in diameter shall be kept clear around all fire hydrants and the fire department connections for any sprinkler system or standpipe.
  • 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.
  • Access to Riverside Place must be maintained.
  • An Agreement between the City of Midland and the Chamber of Commerce, prepared by the City Attorney, must be executed.

;and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the Agreement between the City of Midland and the Chamber of Commerce; and

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

 


MDA FILL THE BOOT CAMPAIGN

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

 

RESOLVED, that the request from the MDA seeking permission from the City of Midland to allow the Midland City Fire Department Local 1315 to participate in the Fill the Boot Campaign on July 3, at the intersections of Ashman St. and Main St., Saginaw Rd. and Eastman Ave., and Joe Mann Blvd. and Jefferson Ave., utilizing the public right-of-way, is hereby approved; and

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

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Adams 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 13,700 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $26,098.50 executed by the Purchasing Agent on June 4, 2009, is hereby approved.  (Motion ADOPTED.)

 

RESIDENTIAL REFUSE TRUCKS PURCHASE

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

 

WHEREAS, Bid No. 3139 was awarded by City Council on October 13, 2008 for the purchase of two residential refuse trucks for a unit price of $252,325 to Great Lakes Service Center, Inc. of Detroit, Michigan; and

WHEREAS, there are limited suppliers of the residential refuse truck specified and Great Lakes Service Center, Inc. was the sole bidder able to meet city specifications in October 2008; and

WHEREAS, Great Lakes Service Center, Inc. has agreed to extend the unit price of $252,325 for the purchase of two additional residential refuse trucks in the FY 09/10 budget; and

WHEREAS, staff recommends competitive bids be waived for the purchase of these additional refuse trucks to take advantage of a favorable unit price typically unavailable with limited competition; and

WHEREAS, funding for two new residential refuse trucks in the amount of $520,000 is included in the FY 09/10 Equipment Revolving Fund budget for Capital Outlay - Vehicles, as part of a program to replace and upgrade the residential refuse collection fleet; now therefore

RESOLVED, that the competitive bid process for the purchase of two residential refuse trucks be waived and the Purchasing Agent be authorized to issue a purchase order on July 1, 2009 to Great Lakes Service Center, Inc. of Detroit, Michigan in the amount of $504,650, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 


LANDFILL EQUIPMENT MAINTENANCE PURCHASE ORDER INCREASE

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

 

WHEREAS, three-year leases for the City of Midland Landfill ended this past winter for two Komatsu WA 380-5 front-end wheel loaders from AIS Construction Equipment Corp. (AIS) of Bridgeport; and

WHEREAS, as the local authorized distributor for Komatsu equipment, AIS is the preferred vendor for preventative maintenance, parts, and repair services for these machines, and the aggregate cost of parts and services on both loaders in the current fiscal year is $13,000.00; and

WHEREAS, the Landfill executed the buy-out option of one Komatsu loader and returned the other at the end of its three-year lease from AIS, and upon returning the loader, repairs on worn parts and damaged areas are required to meet the contractual lease return provisions totaling $9,750.00; and

WHEREAS, the cost of repairs now due is $9,750.00, bringing the total maintenance costs for the year to $22,750.00 ($13,000.00 + $9,750.00), making it necessary for Council approval; and

WHEREAS, sufficient funding exists in the 2008/09 Landfill – Equipment Maintenance account 517-8110-811.93-21; now therefore

RESOLVED, that an increase of $9,750.00 to an existing purchase order of $13,000.00 to AIS Construction Equipment Corp. for Landfill equipment maintenance costs is hereby authorized, bringing the total amount to $22,750.00.  (Motion ADOPTED.)

 

WATER UTILITY INFRASTRUCTURE DEVELOPMENT PROJECT

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

 

WHEREAS, the City of Midland Water Department identified the need to develop the water utility infrastructure and water system model in GIS for the entire water service area; and

WHEREAS, specialized experience in the area of GIS data and model development is required; and

WHEREAS, with proven expertise and knowledge of our business processes, we believe that Geographic Technologies Group (GTG) is the most qualified vendor to assist with the water utility infrastructure development project, making it impractical to bid for these services; and

WHEREAS, funding in the amount of $43,850.00 has been budgeted in the FY2009/10 GIS Fund Miscellaneous Contractual Services account, and $25,000.00 has been budgeted in the FY2008/09 Water Fund Drafting Services account, for a total budgeted amount of $68,850.00; and

WHEREAS, staff recommends retaining the service of GTG to develop the water utility infrastructure and water system model in GIS; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, City Council authorizes the Mayor and City Clerk to execute the agreement, previously reviewed and approved by the City Attorney, with Geographic Technologies Group in the amount of $68,850.00 for said water utility infrastructure development project; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering said agreement in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

RAILROAD TRACK MAINTENANCE AGREEMENT (SBSRC)

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

 

WHEREAS, the Saginaw Bay Southern Railway Company (SBSRC) desires to rebuild their track crossing on South Saginaw Road; and

WHEREAS, an existing maintenance agreement between the City and SBSRC, successor to the Chesapeake and Ohio Railroad Company, dated April 5, 1974 is hereby rescinded; and

WHEREAS, a new agreement between SBSRC and the City of Midland, that stipulates among other things, a 70% City cost share for maintenance and renewal work has been drafted by SBSRC and reviewed by the City Attorney; and

WHEREAS, SBSRC desires to rebuild the Saginaw Road crossing in 2009 in accordance with the new agreement where the total project is estimated at $76,000 and the City share estimated at $53,200; now therefore

RESOLVED, that agreement titled “Grade Crossing Installation and Maintenance Agreement, South Saginaw Road – Midland, Michigan” is hereby accepted and the Mayor and the City Clerk are authorized to execute that agreement; and

RESOLVED FURTHER, that the City Manager is authorized to make payment to SBSRC in the actual amount of 70% of the project cost for the 2009 work.  (Motion ADOPTED.)

 

GOLF CART LEASE AGREEMENT

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

 

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, it has been determined that sealed proposals are impractical and the four year lease proposal submitted by E-Z-Go for new golf carts at Currie Municipal Golf Course is hereby approved subject to review and approval of the lease document by the City Attorney.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk