August 24, 2009
A
regular meeting of the City Council was held on Monday, August 24, 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 August 10, 2009 regular meeting was offered by Councilman
Adams and seconded by Councilman Donker.
(Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Berryhill Post Team Manager Steve
Cronkright. The following resolution was
offered by Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED, that the Mayor is authorized to issue the attached
Proclamation of Recognition congratulating
the Berryhill Post 165 baseball team for outstanding athletics and teamwork
during their recent win of the 2009 American Legion World Series. (Motion ADOPTED.) Mayor Johnson presented
Steve Cronkright with the proclamation recognizing the Berryhill Post 165
Baseball Team.
Planning
and Community Development Director Keith Baker presented information on Zoning
Petition No. 562 – The Dow Chemical Company – to rezone property at 1605 Austin
Street from Regional Commercial to Industrial B zoning district. Rob Conners, representing The Dow Chemical
Company, spoke regarding the request. A
public hearing opened at 7:17 p.m. Scott
Walker, Executive Director of Midland Tomorrow, encouraged support of this
investment in the Midland community. The
public hearing closed at 7:18 p.m. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
ORDINANCE NO. 1684
AN ORDINANCE TO
AMEND ORDINANCE NO.
1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE AN INDUSTRIAL B ZONING WHERE A REGIONAL COMMERCIAL ZONING DISTRICT
PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
BEGINNING AT THE NORTHWEST INTERSECTION OF THE WEST LINE OF SOUTH
SAGINAW ROAD AND THE NORTH LINE OF AUSTIN STREET, THENCE NORTHWESTERLY ALONG
SOUTH SAGINAW ROAD, 501.05’, WEST 350’, SOUTH TO NORTH LINE OF AUSTIN STREET;
EAST ALONG SAID LINE TO POINT OF BEGINNING.
Be, and the same is hereby changed to Industrial B.
Section 2. All
Ordinances or parts of Ordinances in conflict herewith are hereby repealed only
to the extent necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Ordinance ADOPTED.)
No
public comments were made.
Fiscal
Services Director David Keenan presented a resolution authorizing the Mayor to
attend the US Tennis Open on behalf of the Midland tennis community for the
purpose of accepting the award for being named as one of the “Top Three Tennis
Towns in America” and directing the Director of Fiscal Services to deposit the
award and to remit the payment to the Tennis Center. Midland Community Tennis Center Executive
Director Mike Woody spoke regarding the award.
The following resolution was then offered by Councilman McKeag and
seconded by Councilman Adams:
WHEREAS,
the Midland Community Tennis Center (MCTC) recently participated in a
competition sponsored by the United States Tennis Association (USTA) to be
named as one of the top tennis communities in America; and
WHEREAS,
due to the efforts of the MCTC, Midland, Michigan has been named by the USTA as
one of the “Top Three Tennis Towns in America”; and
WHEREAS,
the Midland community will be recognized at an awards ceremony during the US
Open on Sunday, September 6, 2009 in Flushing Meadows, New York, and will
receive a cash award of either $25,000, $50,000, or $100,000 for being named
the 3rd, 2nd, or 1st top tennis town in
America, respectively; and
WHEREAS,
the USTA requires the Mayor of the City to attend the awards ceremony to accept
the award on behalf of the Midland tennis community; and
WHEREAS,
as coordinator of tennis activities throughout the Midland tennis community,
the MCTC shall use this award to further promote tennis throughout the Midland
community; now therefore
RESOLVED,
that the Mayor is authorized to attend the ceremony and accept the award on
behalf of the Midland tennis community; and
FURTHER
RESOLVED, that the Director of Fiscal Services is hereby directed to deposit
the award from the USTA and issue payment to the MCTC for the same for it to
spend in accordance with the terms and conditions of the award. (Motion ADOPTED.)
City
Engineer Brian McManus presented a resolution granting authority to the City
Engineer or designee to approve the installation of achievement signs within
the City road right-of-way. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, an Achievement Sign Policy
has been developed to provide specific requirements for approval and
installation of achievement signs on City of Midland roadways; and
WHEREAS, City Council desires to
install multiple achievement signs per location on City roadways and streamline
the approval process for achievement sign requests; and
WHEREAS, the City will not approve
future requests for achievement signs along State trunk line roadways; and
WHEREAS, City Council may approve the
installation of achievement signs per Section 22-2 of the City Ordinance as
they serve public or civic interest; now therefore
RESOLVED, that the City Council
approves the attached Achievement Sign Policy and authorizes the City Engineer
or designee to approve installation of achievement signs in the City of
Midland. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams 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. 293 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. 293, contingent upon the following:
1. The
storm water 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. A
photometric plan shall be submitted and 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. All
irrigation systems will comply with the City of Midland Water Department
specifications.
8. The
bus drop-off area on Larkin shall be shown and meet the requirements of the
City of Midland Engineering Department.
The sidewalk shall be 7’ wide adjacent to the bus drop-off area. The length of the drop-off bump-out shall be
200’ and the depth shall be 11’.
9. The
parking lot shall be signed with “one way” traffic signs to ensure smooth and
consistent circulation.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City has begun the process of requesting a federal grant for Transportation
Investment Generating Economic Recovery, TIGER, from the US Department of
Transportation, USDOT, to secure funding to assist with planned capital street
improvements on Salzburg Road from Saginaw Road to Waldo Avenue and on Saginaw
Road from Salzburg Road to 1700 feet north; and
WHEREAS,
this federal transportation grant is directly related to the American Recovery
and Reinvestment Act (ARRA) federal stimulus package signed by President Obama,
which awards federal discretionary funds for capital investments in surface
treatment infrastructure; and
WHEREAS,
the proposed streets support commuting traffic as well as heavy industrial,
commercial, and residential areas; and
WHEREAS,
the proposed street improvements would prevent rapid street deterioration due
primarily to heavy truck traffic; and
WHEREAS,
grant approval will require compliance with applicable federal rules,
regulations, wage rates and other related requirements; and
WHEREAS,
grant approval conditions benefit from support by the local authority; and
WHEREAS,
the estimated costs for related street improvements is $905,000 with a City
cost share at $181,000; and
WHEREAS,
the City cost share will be included as part of the FY2010/11 capital street
project priority process; now therefore
RESOLVED,
that the City Council hereby supports requesting federal stimulus TIGER
discretionary funds and agrees to said conditions regarding receiving grant
funding on behalf of the City of Midland.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that Ken Arthur be appointed officer delegate and Paula Whittington be
appointed alternate officer delegate to represent the City of Midland at the
annual meeting of the Municipal Employees Retirement System to be held
September 15 through September 17, 2009 in Grand Rapids, Michigan. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
RESOLVED,
that Bob Granstra is hereby appointed as an MCTV access user to the Cable
Access Advisory Commission for a term ending June 30, 2011. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
Gale of Farmington Hills, MI is the sole vendor of the electronic online
services and materials that are necessary in the provision of library services;
and
WHEREAS,
funding is available in the 2009/2010 Grace A. Dow Memorial Library budget; now
therefore
RESOLVED,
that the City Council hereby determines that sealed bids are impractical, and in
accordance with Section 2-18 of the Code of Ordinances, the requirement for
sealed proposals is hereby waived and the purchase of electronic online
services and materials from Gale is hereby approved in an amount not to exceed
$50,000 and the necessary purchase order authorized. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
funds have been budgeted in the 2009-2010
RESOLVED,
that the
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City has been using the same primary enterprise software, SunGard Public
Sector, since 1998; and
WHEREAS,
SunGard Public Sector has fallen behind its competitors in terms of ease of
use, cost to maintain, and use of mainstream technology; and
WHEREAS,
after completing a thorough request-for-proposal process, city staff has
determined that New World Systems of Troy, Michigan provides a better product
that is less costly to operate and maintain, utilizes mainstream technology
that better aligns with the City’s long-term goals, and provides numerous
efficiencies that could facilitate further cost containment; and
WHEREAS,
BS&A Software of Bath, Michigan provides the premier tax and assessing
software package used by a majority of municipalities in Michigan, and the
City’s Assessing Department currently uses BS&A; and
WHEREAS,
ACS Government Systems, Inc. of Urbandale, Iowa was determined to provide the
best solution for fire records management; and
WHEREAS,
sufficient funding for the purchase of these three software packages is
provided for in the Information Services Operations Fund, as well as adequate
appropriations for the 2009-10 expenditures relating to this project; now
therefore
RESOLVED,
that the
RESOLVED
FURTHER, that the City Council hereby waives the competitive bid requirement
and authorizes the Mayor to sign an agreement with BS&A Software, subject
to the final review by the City Attorney and Director of Fiscal Services, for
the purchase of new software in the amount of $38,595; and
RESOLVED
FURTHER, that the City Council hereby authorizes the Mayor to sign an agreement
with ACS Government Systems, Inc., subject to final review by the City Attorney
and Director of Fiscal Services, for the purchase of new software in the amount
of $55,530; and
RESOLVED
FURTHER, that the City Council authorizes the City Manager to approve change
orders related to the purchase and implementation of these software products,
in a combined amount not to exceed $50,000.
(Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City of Midland continues to develop plans and specifications for a
renewable energy project that will utilize landfill gas, created by the
decomposition of refuse, to generate renewable electric power and heat for the
City’s Water and Wastewater Treatment facilities, and other City facilities; and
WHEREAS,
in April 2009, Council approved an
increase to an existing purchase order with Miller, Canfield, Paddock and
Stone, P.L.C. (Miller Canfield) of Lansing, bringing the total amount to
$70,000.00, to provide ongoing legal assistance related to the Landfill’s gas
collection and destruction system (flare), as well as provide research and
support for the application for a State Revolving Fund (SRF) loan from the
State of Michigan; and
WHEREAS,
to continue providing legal support and
improve the City’s position on the draft SRF priority list released by the
Michigan Department of Environmental Quality on August 14, 2009, staff
recommends further involvement from Miller Canfield; and
WHEREAS,
funding for the increase is provided in project LF0707 – Landfill Gas to
Energy; now therefore
RESOLVED,
that an increase of $50,000.00 to the
existing purchase order with Miller, Canfield, Paddock and Stone, P.L.C. of
$70,000.00, bringing the total amount to $120,000.00 for continued legal
assistance related to the Landfill Gas to Energy project is hereby approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
the City of Midland Landfill owns a 2005 Komatsu wheel loader and leases a 2009
John Deere wheel loader as part of its daily operations; and
WHEREAS,
the John Deere has pneumatic (air filled) tires for use on the solid-surface
compost pad, with minimal risk of puncture, while the tires on the Komatsu are
filled solid with silicone rubber to prevent puncture during operation in the
landfill cell, where the risk of damage is very high, and its tires are in need
of replacement due to normal wear over the past four years; and
WHEREAS,
to better manage tire and overall equipment wear of the two wheel loaders,
staff solicited bids to include, 1) the removal and disposal of the silicone
rubber filled tires from the Komatsu, 2) the transfer of pneumatic tires from
the John Deere to the Komatsu, and 3) the supply and installation of solid
rubber tires onto the John Deere; and
WHEREAS,
sealed bids for Bid No. 3195, Wheel Loader Replacement Tires, have been
advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
the base bid received from Belle Tire was low at $23,910.00, but included an
unknown charge for labor, and was rejected; and
WHEREAS,
the bid received from TireMaxx, Incorporated of Livonia is recommended, as
TireMaxx has experience with solid rubber tires, has the specialized equipment
to do the work, and has offered a not-to-exceed amount of $26,292.16; and
WHEREAS,
sufficient funds are available in Landfill Fund account #517-8110-811.93-21 –
Equipment Maintenance; now therefore
RESOLVED,
that the low compliant bid received from TireMaxx of Livonia at a not-to-exceed
amount of $26,292.16 for wheel loader tire replacement, is hereby accepted and
a purchase order is authorized. (Motion
ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
during manhole data collection as part of the City’s Global Information System
(GIS) implementation, staff identified numerous manholes throughout the City
and downtown area that are in need of rehabilitation; and
WHEREAS,
staff observed some deterioration of the block and mortar due to age and/or
hydrogen sulfide (H2S), which is a corrosive acid created from the
decomposition of the sewage, and determined that the manholes could be
rehabilitated without the use of excavation and replacement; and
WHEREAS,
in August 2004, Advanced Underground Inspections, LLC of Detroit was awarded
the bid to provide for the reconstruction of sanitary manholes at specified
unit prices, and has agreed to extend the unit costs to provide the necessary
work to rehabilitate approximately 70 identified sanitary manholes,
predominantly in the areas to the west and north of the Downtown District; and
WHEREAS,
funding for the rehabilitation work is available in the 2009/10 Wastewater fund
account #590-9120-912.97-65 – Capital Construction Projects; now therefore
RESOLVED, that a purchase order is
authorized in an amount of $100,000.00 to Advanced Underground Inspections,
LLC, based on previously bid unit costs for the rehabilitation of approximately
70 sanitary manholes; and
RESOLVED
FURTHER, the City Manager has the authority to approve change orders modifying
or altering this purchase order in an aggregate amount not to exceed $10,000. (Motion ADOPTED.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Donker:
WHEREAS,
in July 2008, Council approved the lone bid from Synagro Central of Baltimore,
Maryland for Biosolids Land Application for a three-year period beginning July
1, 2008, at a rate of $0.0309 per gallon, and a purchase order was authorized
in the amount of $92,700.00, based on an estimated 3,000,000 gallons; and
WHEREAS,
a subsequent increase to the purchase order was administratively made in the
amount of $7,416.00 due to a higher-than-expected volume of biosolids
processed, bringing the total purchase order to $100,116.00; and
WHEREAS,
on July 13, 2009, Council authorized an increase of $50,260.00 to the existing
purchase order with Synagro to perform the secondary digester cleaning and land
application under the existing biosolids management agreement with the City at
the current bid rate of $0.0309 per gallon, including a charge for confined
space entry, bringing the total authorized purchase order amount to $150,376.00
for two separate, but similar, projects; and
WHEREAS,
during the course of the secondary digester cleaning this month, an 8’ thick
semi-solid residuals mass was discovered, requiring more water for
cleaning/dilution and additional confined space hours to complete the job,
which resulted in an overage of $29,461.00; and
WHEREAS,
funding has been made available for the overage in the 2009/10Wastewater Fund
account #590-8146-811.81-99, Miscellaneous Contractual Services; now therefore
RESOLVED,
that authorization is hereby given to increase the current year purchase order
of $150,376.00 by $29,461.00 for overages from the secondary digester cleaning
services performed by Synagro Central of Baltimore, Maryland, bringing the
total purchase order amount to $179,837.00. (Motion ADOPTED.)
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 installation of new storm sewers on Butternut Court,
Buttles Street and in Chatham Park; and
WHEREAS,
funding for this project is provided by the Storm Water Utility Fund; now
therefore
RESOLVED,
that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of
Midland, Michigan, for the "2009 Storm Sewer Improvements; Contract No.
7", in the indicated amount of $38,320.00, 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 Adams and seconded by Councilman
Donker:
RESOLVED,
that the attached Purchase Agreement between the City of Midland and National
Retail Properties, Inc. for street right-of-way and utility easement in Section
33, T. 15 N., R. 2 E., is hereby accepted; and
RESOLVED
FURTHER, that the City Manager is hereby authorized to execute the property
closing including all necessary
documents and payments up to the amount of $19,000; and
RESOLVED
FURTHER, that the appropriate deed and easement documents are ordered recorded. (Motion ADOPTED.)
Being
no further business the meeting adjourned at 7:40 p.m.
______________________________________
Selina
Tisdale, City