October 19, 2009

 

A regular meeting of the City Council was held on Monday, October 19, 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 October 5, 2009 regular meeting was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

RECOGNITION OF COUNCILMAN MCKEAG

Communications Coordinator Libby Richart introduced a Proclamation in Recognition of Councilman Hollis McKeag.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Councilman Hollis McKeag for his outstanding contributions to the Midland community as a City Council member, and wishing him well in his future endeavors.  (Motion ADOPTED.  Yeas:  Adams, Donker, Johnson, Rokosz   Nays:  None  Abstained:  McKeag)  Mayor Johnson presented Councilman McKeag with the proclamation.

 

RECOGNITION OF COUNCILMAN ROKOSZ

Communications Coordinator Libby Richart introduced a Proclamation in Recognition of Councilman Joe Rokosz.  The following resolution was then offered by Councilman Adams and seconded by Councilman Donker:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Councilman Joe Rokosz for his outstanding contributions to the Midland community as a City Council member, and wishing him well in his future endeavors.  (Motion ADOPTED.  Yeas:  Adams, Donker, Johnson, McKeag  Nays: None  Abstained:  Rokosz)  Mayor Johnson presented Councilman Rokosz with the proclamation.

 

MCTV 25TH ANNIVERSARY

Midland Community Television (MCTV) Director Ron Beacom introduced a resolution recognizing MCTV’s 25th Anniversary.  Linda Malekadeli, President of Friends of MCTV and Roy Green, Chair of the Cable Access Advisory Commission, both spoke on the contributions of MCTV to the Midland community.  The following resolution was offered by Councilman Donker and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition for MCTV’s contribution to the Midland community on its 25th anniversary.  (Motion ADOPTED.)  Mayor Johnson presented Ron Beacom with the proclamation.

 

PUBLIC COMMENTS

No public comments were made.

 

PILOTs FOR AFFORDABLE HOUSING ALLIANCE (AHA)

Fiscal Services Director David Keenan introduced an ordinance to provide payment in lieu of taxes (PILOTs) for the Affordable Housing Alliance (AHA).  Planning and Community Development Director Keith Baker provided information on affordable housing demand and availability statistics.  Petitioner Sharon Mortensen, Executive Director for the Shelterhouse and Roger Mikusek, Executive Director of the Affordable Housing Alliance, spoke regarding the request.  Gary Jones, Executive Director for Midland County Habitat for Humanity, spoke regarding Habitat’s roll in partnering with AHA. 

Speaking in opposition to the PILOT request:  Tom McCann, 3310 Jefferson; Steve Zimmerman, 11 Poplar, speaking on behalf of Midland Area Real Estate Investment Association (MAREIA); Vivian Stafford, 107 Northgate Drive; Oswald Anders, Midland landlord; Bruce Pynnonen, 2604 Manor Drive; Charles Blanchard, 5910 Siebert Street.

Speaking in support of the PILOT request:  Karen Sherwood, 600 Millbrook Drive, speaking on behalf of the League of Women Voters; Fran Hamburg, 315 W. Meadowbrook; Lee Smith, 2015 Springwood Drive; Scott Redman, 311 St. Nicholas Street, Ex-Director for “211 First Call for Help”; Steve Rapanos, 1108 Willard Street; Cherie Athanasoulias, 107 Princeton Court. 

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

 

Ordinance No. 1685

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 2-262, Article XIII Of chapter 2 and by adding new sections which shall be designated as sections 2-260.13 THRU 2-260.19, 2-264.11 thru 2-264.17, Article Xiii, Chapter 2 thereof.

The City of Midland Ordains:

Section 1.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of housing developments.

            It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club Acres #1, Chippewassee Court Phase I, Chippewassee Court Phase II, Adams Acres Phase I, 606/608 Hemlock Street, 5004 Tucker Street, 1111 Franklin Street, 4301 Hancock Drive, 310 E. Pine Street, 1414 Lincoln Street, 1417 Mill Street, 2520 Charles Street and 528 Cottonwood Street and the elderly portions of Charter Square and Green Hill are of this class.  

Sec. 2-260.13.  1111 Franklin Street.

            The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 1111 Franklin Street located on the following described property:

Lot 12 Block 12 of Dow Chemical Company addition.

Sec. 2-260.14.  4301 Hancock Drive.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 4301 Hancock Drive located on the following described property:

Lot 195 of Adams Acres Subdivision No. 1.

Sec. 2-260.15.  310 E. PINE STREET.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 310 E. Pine Street located on the following described property:

Northwest 50 feet of the Northeast 100 feet of Lot 2 Block 65 Carpenters Division, Liber 565 Page 390.

Sec. 2-260.16.  1414 Lincoln Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 1414 Lincoln Street located on the following described property:

Beginning 339 feet East and 513 feet North of the Southwest Corner of Section 15 thence North 60 feet, East 120 feet, South 60 feet, West 120 feet to the point of beginning.  

Sec. 2-260.17.  1417 Mill Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 1417 Mill Street located on the following described property:

Lot 38 of Highlandview Subdivision and beginning at the Southwest Corner of Lot 38, Southeast to Northwest Line of Mill Street, Northeast to South 1/8 Line of Section 16, West 66.29 feet to the point of beginning. 

Sec. 2-260.18.  2520 Charles Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 2520 Charles Street located on the following described property:

East 42.67 feet of Lot 2 and West 42.67 feet of Lot 3 of Williams Subdivision. 

Sec. 2-260.19.  528 Cottonwood Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 528 Cottonwood Street located on the following described property:

Lot 5 of Block I of Carter Subdivision.

Sec.  2-264.11.  Establishment of annual service charge for 1111 Franklin Street.

(a)  Annual service charge.  The housing development identified as 1111 Franklin Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.12.  Establishment of annual service charge for 4301 Hancock Drive.

(a)  Annual service charge.  The housing development identified as 4301 Hancock Drive and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.13.  Establishment of annual service charge for 310 E. Pine Street.

(a)  Annual service charge.  The housing development identified as 310 E. Pine Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.14.  Establishment of annual service charge for 1414 Lincoln Street.

(a)  Annual service charge.  The housing development identified as 1414 Lincoln Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.15.  Establishment of annual service charge for 1417 Mill Street.

(a)  Annual service charge.  The housing development identified as 1417 Mill Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.16.  Establishment of annual service charge for 2520 Charles Street.

(a)  Annual service charge.  The housing development identified as 2520 Charles Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.17.  Establishment of annual service charge for 528 Cottonwood Street.

(a)  Annual service charge.  The housing development identified as 528 Cottonwood Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities.  

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.  Yeas:  Adams, Donker, Johnson, McKeag   Nays: Rokosz)

 

Council recessed at 10:06 p.m. and was called back into session at 10:12 p.m.

 

ENERGY RELATED ACTIVITIES REPORT

Utilities Director Noel Bush presented a summary report on the energy-related activities currently undertaken by the City.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the summary report on energy-related activities currently undertaken by the City be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

AMENDED FINAL PLAT OF SCENIC ESTATES NO. 7

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

 

WHEREAS, an inaccuracy was discovered in the original survey for the Final Plat of the Scenic Estates No. 7 subdivision; and 

WHEREAS, an amended Final Plat of Scenic Estates No. 7 has been prepared and is in conformance with all requirements of Chapter 23 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Scenic Estates No. 7, as amended, 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.)

 

ANNEXATION FROM LARKIN TOWNSHIP – 2035 N. JEFFERSON ROAD

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SOUTH ½, SOUTH ½, SOUTHEAST ¼, SECTION 28, T15N R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, EXCEPT THE EAST 462.50 FEET OF THE SOUTH 234.00 FEET THEREOF.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin by the property owner which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

MMEA LABOR CONTRACT

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Employees Association for labor contract changes effective July 1, 2009 and expiring June 30, 2011; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

GEM SHOW DIRECTIONAL SIGN PLACEMENT

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

 

RESOLVED, that the request from the Mid Michigan Gemcraft and Mineral Society Club seeking permission to place directional signs in the public right-of-way on November 7 to direct visitors to their Gem Show is hereby approved on the condition that they obtain approval from the Michigan Department of Transportation (MDOT) since the sign locations requested are along state roadways and require MDOT approval; and

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

 

HALF MARATHON EVENT

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

 

RESOLVED, that the request from Ryan Hackett to hold a half marathon, 10K and 5K on Saturday, November 7, 2009, beginning at 10:00 a.m., utilizing the Rail Trail, and charging an entry fee, is hereby approved subject to the following conditions:

  • Walkers must obey all applicable traffic laws when crossing City streets.
  • Use of the Rail Trail is not exclusive and there may be other people utilizing the area.
  • 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.  Littering is also prohibited.
  • The restrooms at the Farmers Market will be open, but those in Emerson Park will likely be closed for the season.
  • The organizer must meet with the Engineering, Police and Public Services Departments prior to the event to discuss the route and related public safety requirements.

;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 McKeag 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 13,401 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $25,354.69 executed by the Purchasing Agent on October 7, 2009, is hereby approved.  (Motion ADOPTED.)

 

RE-ROOF CITY FOREST CHALET

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances to re-roof City Forest chalet, Bid No. 3217; and

WHEREAS, sufficient funds are included in the project established for City Forest Renovation; now therefore

RESOLVED, that the low bid meeting City specifications submitted by R. F. Koester, Inc. of Hemlock, Michigan, to re-roof City Forest chalet is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to R. F. Koester, Inc. in the amount of $21,298 in accord with this resolution, the proposal selected, and City specifications.  (Motion ADOPTED.)

 

MUNICIPAL SERVICE CENTER ACCESS CONTROL PROJECT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Municipal Service Center Access Control System, Bid No. 3206; and

WHEREAS, funding for this project is included in the FY 2009-10 Capital budget for the Municipal Service Center; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Midstate Security of Grandville, Michigan in the amount of $50.537.00, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders up to $2,500 for the project.  (Motion ADOPTED.)

 

TRUCK BODY RETROFITTING

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Retrofitting of Truck Bodies, Bid No. 3218; and

WHEREAS, sufficient funding for the purchase and installation of truck equipment is included in the FY 2009-10 Equipment Revolving Fund budget for Capital Outlay - Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to NBC Truck Equipment of Roseville, Michigan, in the amount of $112,884.00 for the purchase and installation of truck equipment on City owned chassis for use in winter snow removal operations, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

TRAFFIC CONSULTING SERVICES

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

 

WHEREAS, the City of Midland desires to have traffic consulting services performed by the firm of Orchard, Hiltz & McCliment, Inc. of Livonia, Michigan, in accordance with the existing contract and current hourly rate schedule;  and

WHEREAS, Ordinance Section 2-19, Securing Professional Services, provides that “no Sealed Proposals shall be required for the purchases of contracts for professional services”; and

WHEREAS, funding for these consulting services is provided in the Major Street Fund budget; now therefore

RESOLVED, that the extension of an existing contract with Orchard, Hiltz & McCliment, Inc. of Livonia, Michigan, for traffic consulting services through FY 2011/12 is hereby accepted and the City Purchasing Agent is authorized to issue annual purchase orders for said services in the amount of $25,000; 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 $5,000.  (Motion ADOPTED.)

 

LANDFILL STREET PAVING

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

 

WHEREAS, the City of Midland Landfill has approximately two thirds of a mile of asphalt roads ranging in age from nine to over thirty years used by an average of over 120 waste disposal vehicles daily; and

WHEREAS, several sections of the roads have been repaired in the past, but continued deterioration due to age and heavy truck and equipment traffic has necessitated improvement and replacement of a majority of the road; and

WHEREAS, sealed bids were received and opened for Bid No. 3222, Street Paving at the Landfill, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland, and the low bid proposal submitted by the Pyramid Paving Company of Essexville of $67,313.65 meets the City’s requirements; and

WHEREAS, sufficient funds are available in the 2009/10 Landfill Fund accounts #517-9120-912.97-15 – Land Improvements; now therefore

RESOLVED, that the low bid proposal submitted by the Pyramid Paving Company of Essexville in the amount of $67,313.65 is accepted and a purchase order is hereby authorized; and

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

 

INTEGRATED UTILITIES IMPROVEMENT PROJECT

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

 

WHEREAS, the City of Midland, State of Michigan wishes to construct improvements to its existing wastewater treatment and collection system; and

WHEREAS, the wastewater system improvements project formally adopted on June 22, 2009 will be funded through Michigan’s State Revolving Fund Programs; and

WHEREAS, the City of Midland has sought bids for the proposed improvements under three separate bid packages; the Gas Collection And Control System Construction, the Gas Pipeline Construction, and the Gas To Energy Facility and Compressor Building Design and Construction and has received a low bid for the Gas To Energy Facility and Compressor Building Design and Construction from The Christman Company; and

WHEREAS, funding has been budgeted for the design portion of the bid in Project LF0707 – Landfill Gas to Energy; and

WHEREAS, the project engineer, CTI and Associates, Inc., in conjunction with City of Midland staff, has recommended awarding a purchase order in the amount of $128,461.00 to the low compliant bidder to complete the final design and specifications so that the Guaranteed Maximum Price for construction of the Gas to Energy Facility and Compressor Building received from The Christman Company may be confirmed; now therefore

RESOLVED, that the low compliant bid is hereby accepted, and a purchase order to The Christman Company of Lansing in the amount of $128,461.00, for the final design portion only of the proposed wastewater system improvements is authorized.  (Motion ADOPTED.)

 

PO INCREASE FOR ALUMINUM HANDRAILS

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

 

WHEREAS, the City of Midland Wastewater Treatment Plant (WWTP) began operations in 1962, and as part of the Wastewater Fund’s ongoing replacement plan, all steel handrails will eventually be replaced with surface mounted aluminum rails; and

WHEREAS, this year, the handrails around each of the plant’s east and west intermediate clarifiers (169 lineal feet per clarifier) will be replaced; and

WHEREAS, on October 5, Council accepted the low bid from Gerace Construction of Midland, and a purchase order was authorized in the amount of $14,200.00; and

WHEREAS, that amount was reported by staff to be a total price for both the east and west intermediate clarifiers at the WWTP, but it should have been presented as a per unit price to supply and install the aluminum handrails around each of the two clarifiers; and

WHEREAS, the previously authorized purchase order needs to be increased by $14,200.00 to properly reflect the total cost of the handrail installations for both clarifiers, while still leaving Gerace Construction as the low bid; and

WHEREAS, funding for this work is budgeted in the 2009/10 Wastewater Fund account #590-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that an increase of $14,200.00 to the current purchase order with Gerace Construction of Midland is hereby authorized, bringing the total amount of the purchase order to $28,400.00 for the supply and installation of aluminum handrails at the Wastewater Treatment Plant.  (Motion ADOPTED.)

 

PROPOSED 2009-10 GENERAL FUND BUDGET AMENDMENT (POLICE ACTIVITIES)

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

 

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, November 9, 2009 in the Council Chambers of City Hall on the proposal to amend the 2009-10 General Fund budget to recognize an additional $30,208 of revenue from a Federal grant and $30,208 of additional expenditures to provide for overtime wages associated with community/public relations activities and to recognize an additional $45,000 in revenue from a State grant and $45,000 of additional expenditures to facilitate a partnership project between the City of Midland Police Department and the Midland Area Partnership for Drug Free Youth, all within the Police Department activity; and

RESOLVED FURTHER, that the City Clerk is hereby directed to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

MIDLAND EVANGELICAL FREE CHURCH – YOUTH MINISTRY EVENT

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

 

RESOLVED, that the request from Midland Evangelical Free Church to spend the night in the Farmers Market area on Friday, November 6, 2009, beginning at 7:00 p.m. until Saturday, November 7 at 9:00 a.m. to conduct a youth ministry “Night of Homelessness” experience and raise funds for the Open Door 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.)

 

Being no further business the meeting adjourned at 10:35 p.m.

 

 

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            Selina Tisdale, City Clerk