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 |
Approval
of the minutes of the June 8, 2009 regular meeting was offered by Councilman Adams
and seconded by Councilman Donker.
(Motion ADOPTED.)
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.)
No
public comments were made.
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.
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.)
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.)
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.)
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
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.)
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.)
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.
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.)
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.)
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.)
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.)
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.)
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:
;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
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
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.)
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.)
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.)
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.)
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.)
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