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

 

MINUTES

Approval of the minutes of the August 10, 2009 regular meeting was offered by Councilman Adams and seconded by Councilman Donker.  (Motion ADOPTED.)

 

BERRYHILL POST 165 BASEBALL TEAM RECOGNITION – WORLD SERIES

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.

 

ZONING PETITION NO. 562

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

“TOP THREE TENNIS TOWNS IN AMERICA” AWARD

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.)

 

ACHIEVEMENT SIGNS

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.)

 

SITE PLAN NO. 293

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 293, the request of St. Brigid Church for a 12,700 square foot office addition to the existing school located at 207 Ashman Street on 2.03 acres; and

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.)

 

FEDERAL STIMULUS TIGER DISCRETIONARY GRANT

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.)

 

MERS ANNUAL MEETING – APPOINTMENT OF OFFICER DELEGATES

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.)

 

CABLE ACCESS ADVISORY COMMISSION APPOINTMENT – GRANSTRA

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.)

 

LIBRARY – ELECTRONIC ONLINE SERVICES & MATERIALS

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.)

 

SUNGARD PUBLIC SECTOR SOFTWARE MAINTENANCE

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

 

WHEREAS, funds have been budgeted in the 2009-2010 Information Services Computer Software maintenance budget for HTE Maintenance; now therefore

RESOLVED, that the City Council hereby approves the payment to SunGard Public Sector for software annual maintenance in the amount of $103,303.66.  (Motion ADOPTED.)

 

ENTERPRISE SOFTWARE PURCHASE

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 City Council hereby authorizes the Mayor to sign an agreement with New World Systems, subject to the final review by the City Attorney and Director of Fiscal Services, for the purchase of new software in the amount of $681,300; and

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.)

 

LANDFILL GAS TO ENERGY PROJECT – PO INCREASE FOR LEGAL ASSISTANCE

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.)

 

WHEEL LOADER REPLACEMENT TIRES - LANDFILL

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.)

 

MANHOLE REHABILITATION

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.)

 

SECONDARY DIGESTER CLEANING & LAND APPLICATION – PO INCREASE

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.)

 

2009 STORM SEWER IMPROVEMENTS; CONTRACT NO. 7

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.)

 

PURCHASE AGREEMENT  FOR RIGHT-OF-WAY – JOE MANN BOULEVARD

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 Clerk