November 23, 2009
A regular meeting of the City Council was held on Monday, November 23,
2009, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was led
by Boy Scout Troop #763 – First Baptist Church.
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Councilmen present: |
Thomas Adams, Maureen Donker, Scott Gaynor, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the November 9, 2009 regular meeting was
offered by Councilman Adams and seconded by Councilman Wazbinski. (Motion ADOPTED.)
No public comments were made.
Assistant City Manager Jack Duso presented information on an ordinance
to amend Section 21-71 of Division 2 of Article II of Chapter 21 of the Code of
Ordinances – Golf Course Fees. Introduction
and first reading of the following ordinance amendment was then offered by
Councilman Adams and seconded by Councilman Wazbinski:
ORDINANCE NO. _____
AN
ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY
AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section
1. Section 21-71 of Division 2 of
Article II of Chapter 21 is amended to read as follows:
Sec. 21-71.
Golf Course Fees
The fees for golfing privileges at
the Currie Municipal Golf Course are as follows:
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Currie East Municipal Golf Course Daily Fees |
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9-hole rate |
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Regular weekday |
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$ |
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Regular weekend |
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$ |
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Senior |
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$ |
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Youth weekday & weekend |
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$
5.00 per play |
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18-hole rate |
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Regular weekday |
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$ |
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Regular weekend |
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$ |
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Senior |
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$ |
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Youth weekday & weekend |
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$
9.00 per play |
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Currie West Municipal Golf Course Daily Fees |
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9-hole rate |
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Regular weekday |
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$15.00 per play |
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Regular weekend |
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$ |
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Senior |
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$10.00 per play |
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Youth weekday & weekend |
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$
8.00 per play |
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18-hole rate |
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Regular weekday |
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$25.00 per play |
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Regular weekend |
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$ |
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Senior |
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$17.00 per play |
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Youth weekday & weekend |
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$12.00 per play |
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Currie East and Currie West Municipal Golf
Courses Good
April 1 through September 30 |
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Dual |
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Single Season |
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$ |
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Couple season |
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$ |
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*
Currie Dual Members receive:
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Unlimited play - East
Course Only |
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Single season |
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$ |
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Couple
season |
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$ |
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Youth season Membership |
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$
275.00 per Membership |
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* Currie East Members receive:
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Unlimited play - West Course Only |
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Single
season Membership |
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$ 750.00
per |
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Couple season Membership |
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$1200.00 per |
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Youth season Membership |
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$ 400.00
per Membership |
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* Currie East Members receive:
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Single season |
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$ |
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Couple season |
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$ |
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* Currie West Members receive:
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Senior |
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Single season |
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$ |
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Couple season |
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$ |
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* Currie East Members receive:
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$1450.00 per |
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* Currie West Members receive:
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Family |
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$ |
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* Currie East Members receive:
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Power Cart Fees |
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9 Holes per person |
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Not to exceed
$ 9.00 |
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18 Holes per person |
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Not to exceed
$15.00 |
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Cart Lease |
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Single |
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$450.00 per season |
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Couple |
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$675.00 per season |
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Trail Fee (Private
carts used only by owner or member of immediate family.) All other riders must pay a cart rental fee. |
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Season pass |
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$450.00 per pass |
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Daily pass |
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$ 10.00 per pass |
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Par Three Course Daily Fees |
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Par 3 – Regular |
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$6.50 per play |
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Par 3 – Senior |
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$4.50 per play |
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Par 3 – Youth |
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$2.50 per play |
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Driving Range Fees |
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Driving Range |
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Small Basket |
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$3.00 |
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$5.00 |
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Large Basket |
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$7.00 |
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Driving Range Season |
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Single |
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$200.00 |
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Course Season |
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$125.00 |
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Course Season |
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$200.00 |
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Youth Golf Program |
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Program Fee |
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$ |
Senior is defined as
60 years of age and older.
Youth is defined as
under 19 18 years of age and
under.
Couple is defined as
husband and wife.
Family is defined as
husband and wife and their children 18
years of age and under.
Exception: The Golf Course
Manager is authorized with the approval of the City Manager to reduce daily fees on a discretionary basis
for the purpose of marketing additional play.
Section 2. This
Ordinance shall take effect upon publication.
(Motion ADOPTED. Considered first
reading. Yeas: Adams, Donker, Gaynor,
Wazbinski Nays: Johnson)
Fiscal Services Director David Keenan presented the 2010-11 Budget
Preparation Schedule. The following
resolution was then offered by Councilman Wazbinski and seconded by Councilman
Johnson:
RESOLVED, that the attached budget preparation
schedule for the 2010-11 fiscal year is hereby received; and
RESOLVED FURTHER, that said budget preparation
schedule shall be filed for public examination in the City Clerk’s office and
at the Grace A. Dow Memorial Library; and
RESOLVED FURTHER, that the City Manager shall set a
special meeting of the City Council at a time yet to be determined in the
Council Chambers of City Hall on Saturday, January 16, 2010, for the purpose of
setting Council goals for the 2010-11 fiscal year; and
RESOLVED FURTHER, that the City
RESOLVED FURTHER, that the City Manager, at the
regular meeting of the City Council at 7:00 p.m. in the Council Chambers of
City Hall on Monday, January 25, 2010, shall review the proposed
RESOLVED FURTHER, that a preliminary public hearing
shall be conducted at 7:00 p.m., Monday, April 26, 2010, in the Council
Chambers of City Hall, on the proposed 2010-11 budget; and
RESOLVED FURTHER, that in accord with Section 11.4
of the Charter of the City of Midland, a public hearing shall be conducted at
7:00 p.m., Monday, May 10, 2010, in the Council Chambers of City Hall on the
proposed 2010-11 budget; and,
RESOLVED FURTHER, that with respect to each meeting
included herein the City Clerk shall give notice as provided by Section 5.11 of
the Charter of the City of Midland. (Motion ADOPTED.)
Utilities Director Noel Bush gave a presentation on
the Landfill Gas-to-Energy project and presented five resolutions pertaining to
the project. William Danoff, Miller,
Canfield, Paddock and Stone, spoke regarding the issuance of the General
Obligation Limited Tax Bonds. The
following five resolutions were then presented for consideration.
The following resolution was offered by Councilman Johnson and seconded
by Councilman Wazbinski:
City
of Midland
Counties of Midland and Bay, State of Michigan
RESOLUTION
AUTHORIZING ISSUANCE AND SALE OF
GENERAL OBLIGATION LIMITED TAX BOND, SERIES 2010
A RESOLUTION TO
PROVIDE FOR:
·
Issuance
of a Bond up to $10,000,000 to construct a methane recovery system from the
City’s landfill, and a methane powered electric generating facility;
·
Sale of
Bond to the Michigan Municipal Bond Authority at an interest rate of 2.5% as
part of the State Revolving Fund Program;
·
Pledge
of the City’s limited tax full faith and credit for the payment of the Bond;
·
Execution
by the City of Supplemental Agreement among the City, the Michigan Municipal
Bond Authority, and Michigan Department of Environmental Quality;
·
Finance
Director authorized to sell Bond as part of the State Revolving Fund Program
without further Council Resolution;
·
Other
matters relative to sale and delivery of the Bond.
WHEREAS, the City of
Midland, Counties of Midland and Bay, State of Michigan (the “City”) determines
it to be necessary for the public health, safety and welfare of the City and
its residents to acquire and construct a methane recovery system from the
City’s landfill, and a methane powered electric generating facility, together
with any appurtenances and attachments thereto and any related site acquisition
or improvements (the “Project”); and
WHEREAS, under the
provisions of Section 517 of Act No. 34, Public Acts of Michigan, 2001, as
amended (“Act 34”) a City may issue municipal securities to pay the cost
of capital improvement items, and the issuance by the City of a bond under
Section 517 of Act 34 in an amount not to exceed Ten Million Dollars
($10,000,000) for the purpose of financing costs of the Project appears to be
the most practical means to that end; and
WHEREAS, on
May 4, 2009, in compliance with the requirements of Section 517 of
Act 34 and Section 5(g) of the Home Rule Cities Act, Act 279, Public Acts
of Michigan, 1909, as amended, the City published the “Notice to Electors and
Taxpayers of the City of Midland of Intent to Issue Bonds Secured by the Taxing
Power of the City and Right of Referendum Thereon” in the Midland Daily News describing bonds to be issued for the purpose
of paying the costs of the Project, and no petition has been filed requesting a
referendum on the issuance of bonds to construct the Project; and
WHEREAS, the City
expects to receive an offer from the Michigan Municipal Bond Authority (the
“Authority”) to purchase the City’s bond to construct the Project at an
interest rate of 2.5% per annum as part of the State Revolving Fund Program,
pursuant to a Supplemental Agreement to be executed by and among the City, the
Authority, and the State of Michigan acting through the Department of
Environmental Quality (“MDEQ”); and
WHEREAS, Act 34
permits the City to authorize, within limitations which shall be contained in
the authorization resolution of the governing body, an officer to sell and
deliver and receive payment for obligations; and
WHEREAS, the City
Council determines that it is necessary to authorize the Director of Finance to
complete sale and delivery of a limited tax general obligation bond for the
purpose of constructing the Project, within limitations contained in this authorization
Resolution.
NOW, THEREFORE, BE IT
RESOLVED THAT:
1. A Bond of the City designated as the
GENERAL OBLIGATION LIMITED TAX BOND, SERIES 2010 (the “Bond”) is authorized to
be issued for the purpose of paying costs of acquiring and constructing the Project
and the costs incidental to the issuance, sale and delivery of the Bond. The Bond shall be issued in the principal sum
of Ten Million Dollars ($10,000,000) or such lesser amount as shall be
determined at the time of sale by the Director of Finance in consultation with
the Utilities Director of the City, the Authority, and MDEQ. The City anticipates that the Authority will
disburse payment to the City for the Bond in installments as needed to pay
costs of the Project. Under the terms of
the Bond, the City will only be required to repay the principal portion of the
Bond as shall have been disbursed to the City by the Authority (the “Principal
Amount”).
The Authority has
advised the City that the Authority will periodically provide to the City a
statement showing the portion of the Principal Amount that has been advanced
and the date of each advance.
The Bond shall be
issued in the form of a single fully-registered, nonconvertible bond of the
denomination of the principal sum issued, dated as of the date of delivery of
the Bond. The maturity schedule for
repayment by the City to the Authority of the Principal Amount of the Bond
shall provide for annual payments in amounts to be determined at the time of
sale of the Bond, on October 1 or April of each year beginning on October 1 or
April 1, 2010 or on such other dates as may be determined by the Director
of Finance in consultation with the Authority.
The Authority has advised the City that in the event that the maturity
schedule approved at the time of sale of the Bond provides for payment of a
principal sum greater than the Principal Amount disbursed to the City by the
Authority, then the Authority shall prepare a new payment schedule. Final determination of the principal sum of
the Bond and the payment dates and maturity schedule shall be evidenced by
execution of the Purchase Contract between the City and the Authority providing
for sale of the Bond.
The Principal Amount
of the Bond will be subject to prepayment prior to maturity as may be approved
by the Authority.
The City shall pay
the Authority interest on each installment of the Principal Amount disbursed by
the Authority to the City from the date such installment of principal is
disbursed at the rate of not-to-exceed 2.5% per annum, on April 1 or
October 1, 2010 and semiannually thereafter on April 1 and
October 1 of each year until maturity or earlier prepayment. At the time of sale of the Bond the Director
of Finance may approve other dates for payment of interest in consultation with
the Authority.
The City Treasurer
shall record on the registration books payment by the City of each installment
of principal or interest or both when made and the cancelled checks or other
records evidencing such payments shall be returned to and retained by the City
Treasurer and shall be conclusive evidence of such payments and the obligation
of the City with respect to such payments shall be discharged to the extent of
such payments.
The Bond shall be
executed in the name of the City with the manual or facsimile signatures of the
Mayor and Clerk of the City, provided that at least one of the signatures on
the Bond shall be a manual signature, and shall have the seal of the City, or a
facsimile thereof, printed or impressed on the Bond. After execution, the Bond shall be delivered
to the Authority by the Director of Finance.
2. The City intends to pay principal of
and interest on the Bond from revenues received by the City from the operations
of the Project. Notwithstanding the
intent to use revenues from the Project for payment of principal of and
interest and premium on the Bond, the Bond shall be payable, as a first budget
obligation, from the general fund of the City, and the City shall levy annually
ad valorem taxes on all taxable property in the City which, taking into
consideration estimated delinquencies in tax collections, shall be fully
sufficient to pay the principal and interest on the Bond, provided, however,
that if at the time of making any such tax levy there shall be other legally
available funds for the payment of principal of and interest on the Bond, such
as revenues from the Project, then credit therefor may be taken against the
levy for payment of the Bond. The levy
shall be subject to constitutional, statutory and charter tax rate limitations.
3. The City Treasurer is authorized and
directed to open a separate depository or trust account with a bank or trust
company to be designated as the GENERAL OBLIGATION LIMITED TAX BOND, SERIES
2010 DEBT RETIREMENT FUND (the “Debt Retirement Fund”). The Debt Retirement Fund may be pooled or
combined with other debt retirement funds for issues of bonds of like character
as provided by Act 34 or other state law.
An amount sufficient to assure timely payment of the principal of and
interest on the Bond shall be transferred each year into the Debt Retirement
Fund from funds legally available therefor, including the revenues received by
the City from the operations of the Project and the general fund of the
City. The moneys deposited in the fund
shall be used solely for the purpose of paying the principal of and interest on
the Bond and, as may be necessary, to rebate arbitrage earnings, if any, to the
United States Department of Treasury as required by the Internal Revenue Code
of 1986, as amended. All proceeds from
taxes levied for the Debt Retirement Fund shall be deposited into the Debt
Retirement Fund as collected.
In the event a
deposit of trust is made of cash or direct obligations of the United States or
obligations the principal of an interest on which are guaranteed by the United
States, or a combination thereof, the principal of and interest on which,
without reinvestment, come due at times and in amounts sufficient to pay at
maturity or irrevocable call for earlier optional or mandatory redemption, the
principal of, premium, if any, and interest on the Bond, this Resolution shall
be defeased and the owners of the Bond shall have no further rights under this
Resolution except to receive payment of the principal of, premium, if any, and
interest of the Bond from the cash or securities deposited in trust and the
interest and gains thereon.
4. The proceeds of the Bond shall be
deposited in the fund designated as the 2010 GENERAL OBLIGATION LIMITED TAX
BOND CONSTRUCTION FUND (the “Construction Fund”). The moneys in the Construction Fund shall be
used to pay the costs of the Project and to pay the costs of issuance of the
Bonds. Any balance remaining after such
expenditure shall be paid into the Debt Retirement Fund and used for the
prepayment of installments of the Bond.
After completion of the Project and disposition of remaining proceeds,
if any, of the Bond pursuant to the provisions of this Section, the
Construction Fund shall be closed.
5. The Bond shall be in substantially the
following form with such revisions, additions and deletions as may be advisable
or necessary to comply with the final terms of the Bond established upon sale
thereof:
United
States of America
State of Michigan
Counties of Midland and Bay
CITY
OF MIDLAND
GENERAL OBLIGATION LIMITED TAX BOND, SERIES 2010
The
CITY OF MIDLAND, Counties of Midland and Bay, State of Michigan (the “City” or
the “Issuer”), acknowledges itself to owe and for value received hereby
promises to pay to the Michigan Municipal Bond Authority (the “Authority”) the
sum of _____________________ ___________________ ($_____________) Dollars or
such portion thereof as shall have been advanced to the City (the “Principal
Amount”) pursuant to a Purchase Contract between the City and the Authority,
and a Supplemental Agreement by and among the City, the Authority and the State
of Michigan acting through the Department of Environmental Quality.
During
the time the Principal Amount is being drawn down by the City under this Bond,
the Authority will periodically provide to the City a statement showing the
amount of principal that has been advanced and the date of each advance, which
statement shall constitute prima facie evidence of the reported information;
provided that no failure on the part of the Authority to provide such a
statement or to reflect a disbursement or the correct amount of a disbursement
shall relieve the City of its obligation to repay the outstanding Principal
Amount actually advanced (subject to any principal forgiveness as provided for
in Schedule A), all accrued interest thereon, and any other amount payable with
respect thereto in accordance with the terms of this Bond.
The
Principal Amount shall mature and be payable by the City to the Authority on
the dates and in the annual principal installment amounts set forth in
Schedule A attached hereto and made a part hereof, as such Schedule may be
adjusted if less than $_______, 000 is disbursed to the City or if a portion of
the Principal Amount is prepaid or reduced
as provided below. The City shall pay
the Authority interest on the Principal Amount disbursed by the Authority to
the City from the date principal is disbursed, until maturity or earlier
prepayment, at the rate of _____% per annum, first payable
__________ 1, 200__ and semiannually thereafter on the first day of
_______ and ________ of each year.
Notwithstanding
any other provision of this Bond, so long as the Authority is the owner of this
Bond, (a) this Bond is payable as to principal, premium, if any, and interest
at The Bank of New York Mellon Trust Company, N.A. or at such other place as
shall be designated in writing to the City by the Authority (the “Authority’s
Depository”); (b) the City agrees that it will deposit with the Authority’s
Depository payments of the principal of, premium, if any, and interest on this
Bond in immediately available funds by 12:00 noon at least five business days
prior to the date on which any such payment is due whether by maturity,
redemption or otherwise; in the event
that the Authority’s Depository has not received the City’s deposit by 12:00
noon on the scheduled day, the City shall immediately pay to the Authority as
invoiced by the Authority an amount to recover the Authority’s administrative
costs and lost investment earnings
attributable to that late payment; and (c) written notice of any
redemption of this Bond shall be given by the City and received by the
Authority’s Depository at least 40 days prior to the date on which such
redemption is to be made.
Additional Interest
In
the event of a default in the payment of principal or interest hereon when due,
whether at maturity, by redemption or otherwise, the amount of such default
shall bear interest (the “additional interest”) at a rate equal to the rate of
interest which is two percent above the Authority’s cost of providing funds (as
determined by the Authority) to make payment on the bonds of the Authority
issued to provide funds to purchase this Bond but in no event in excess of the
maximum rate of interest permitted by law. The additional interest shall
continue to accrue until the Authority has been fully reimbursed for all costs
incurred by the Authority (as determined by the Authority) as a consequence of
the City’s default. Such additional
interest shall be payable on the interest payment date following demand of the
Authority. In the event that (for
reasons other than the default in the payment of any municipal obligation
purchased by the Authority) the investment of amounts in the reserve account established
by the Authority for the bonds of the Authority issued to provide funds to
purchase this Bond fails to provide sufficient available funds (together with
any other funds which may be made available for such purpose) to pay the
interest on outstanding bonds of the Authority issued to fund such account, the
City shall and hereby agrees to pay on demand only the City’s pro rata share
(as determined by the Authority) of such deficiency as additional interest on
this Bond.
This
Bond is a single, fully‑registered, non‑convertible bond in the principal
sum of $10,000,000 issued pursuant to Act 34, Public Acts of Michigan,
2001, as amended, and a resolution duly adopted by the City Council of the
City, for the purpose of acquiring and constructing a methane recovery system
from the City’s landfill and a methane powered electric generating facility,
together with any appurtenances and attachments thereto and any related site
acquisition or improvements.
The
limited tax full faith, credit and resources of the City are pledged for the
payment of this Bond, and the City has pledged that it shall pay the principal
of and interest on this Bond as it becomes due as a first budget obligation
from its general fund and, after taking into account funds which the City may
have legally available for payment of principal of and interest on this Bond,
shall levy annually ad valorem taxes on all taxable property in the City
sufficient to pay the principal and interest on this Bond subject to applicable
constitutional, statutory, and charter tax rate limitations.
Principal
installments of this Bond are subject to prepayment by the City prior to
maturity only with the prior written consent of the Authority and on such terms
as may be required by the Authority.
This
Bond shall be registered as to principal and interest on the books of the City
kept by the City Treasurer and may be transferred only upon surrender of this
Bond by the registered owner of record in person, or by registered owner’s
attorney duly authorized in writing, to the City Treasurer together with a written
instrument of transfer satisfactory to the City Treasurer duly executed by the
registered owner or the registered owner’s attorney duly authorized in writing,
and thereupon a new registered bond in the same aggregate principal amount and
of the same maturity shall be issued to the transferee in exchange therefor.
It
is hereby certified and recited that all acts, conditions and things required
by law to be done, precedent to and in the issuance of this Bond exist and have
been done and performed in regular and due form and time as required by law,
and that the total indebtedness of the City, including this Bond, does not
exceed any constitutional, statutory or charter debt limitation.
IN
WITNESS WHEREOF, the City of Midland, Counties of Midland and Bay, State of
Michigan, by its City Council, has caused this Bond to be signed in the name of
said City [by] / [with the facsimile signatures of] its Mayor and its City
Clerk and the City seal or a facsimile thereof to be [manually
impressed/printed], all as of the Date of Original Issue.
CITY OF MIDLAND, Michigan
[manual or facsimile
By
signature to appear here
]
Mayor
(Seal)
Countersigned:
[manual or facsimile
By
signature to appear here
]
City Clerk
SCHEDULE A
Loan
Amount to be repaid: $_________*
Based
on the schedule provided below unless revised as provided in this paragraph,
repayment of principal of the Bond shall be made until the full amount advanced
to the City is repaid. In the event the
Order of Approval issued by the Department of Environmental Quality (the
“Order”) approves a principal amount of assistance less than the amount of the
Bond delivered to the Authority, the Authority shall only disburse principal up
to the amount stated in the Order. In
the event (1) that the payment schedule approved by the City and described
below provides for payment of a total principal amount greater than the amount
of assistance approved by the Order, (2) that less than the principal amount of
assistance approved by the Order is disbursed to the City by the Authority, or
(3) that any portion of the principal amount of
assistance approved by the Order and disbursed to the City is forgiven pursuant
to the Order, the
Authority shall prepare a new payment schedule which shall be effective upon
receipt by the City.
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Due Date |
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Amount of Principal |
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Interest
on the Bond shall accrue on that portion of principal disbursed by the
Authority to the City which has not been forgiven pursuant to the Order from
the date such portion is disbursed, until paid, at the rate of 2.5% per annum,
payable , 20 ,
and semi-annually thereafter.
The
City agrees that it will deposit with The Bank of New York Mellon Trust
Company, N.A., or at such other place as shall be designated in writing to the
City by the Authority (the “Authority’s Depository”) payments of the principal
of, premium, if any, and interest on this Bond in immediately available funds
by 12:00 noon at least five business days prior to the date on which any such
payment is due whether by maturity, redemption or otherwise. In the event that the Authority’s Depository
has not received the City’s deposit by 12:00 noon on the scheduled day, the
City shall immediately pay to the Authority as invoiced by the Authority an
amount to recover the Authority’s administrative costs and lost investment
earnings attributable to that late payment.
* Not to exceed amount. Loan reductions at close out will result in a
proportional decrease
6. The City shall not invest, reinvest or
accumulate any moneys deemed to be proceeds of the Bond pursuant to the
Internal Revenue Code of 1986, as amended (the “Code”), in such a manner as to
cause the Bond to be an “arbitrage bond” within the meaning of the Code. The City hereby covenants that, to the extent
permitted by law, it shall take all actions within its control and that it
shall not fail to take any action necessary to maintain the exclusion of the
interest on the Bond from adjusted gross income for general federal income tax
purposes under the Code, including, but not limited to, actions relating to the
rebate of arbitrage earnings, if applicable, and the expenditure of investment
of Bond proceeds and moneys deemed to be Bond proceeds, all as more fully set
forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by
the City with the Bond.
7. City Council hereby determines to sell
the Bond by negotiated sale to the Authority as part of the State Revolving
Fund Program for the reason that participation in the State Revolving Fund
Program will permit the City to sell the Bond at a lower rate of interest than
available through sale by competitive bid.
The Director of Finance is hereby authorized to sell the Bond to the Authority
at an interest rate of not-to-exceed 2.5% per annum and at the par value
thereof as evidenced by execution of a Purchase Contract, and to deliver the
Bond in accordance with the delivery instructions of the Authority.
8. The proposed form of Purchase Contract
between the City and the Authority (the “Purchase Contract”) and the proposed
form of Supplemental Agreement among the City, the Authority and MDEQ (the
“Supplemental Agreement”), and the proposed form of Issuer’s Certificate to be
delivered by the City to the Authority, each of which are on file with the City
Clerk, are hereby approved. The Director
of Finance, the Utilities Director, the Mayor, and the City Clerk are hereby
jointly or severally authorized to execute and deliver the Purchase Contract,
the Supplemental Agreement, and the City’s Certificate upon completion in the
forms approved hereby with such revisions as they may determine to be necessary
or desirable, permitted by law, and not materially adverse to the City.
9. In the event that the Director of
Finance is not available at the time that it becomes necessary to take actions
directed or authorized under this resolution, then the City Manager or a person
designated by the Director of Finance or the City Manager is authorized to take
the actions delegated to the Director of Finance by this Resolution. The Director of Finance, the City Manager,
the Utilities Director, the Mayor, the Treasurer, and the City Clerk are hereby
jointly or severally authorized to take any actions necessary to comply with
requirements of the Authority and MDEQ in connection with sale of the Bond to
the Authority, and to execute and deliver such other certificates, documents,
instruments, and other papers as may be required by the Authority or MDEQ or as
may be otherwise necessary or convenient to effect the delivery of the Bond.
10. All resolutions and parts of resolutions
insofar as they conflict with the provisions of this resolution are hereby
rescinded. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Johnson:
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 Program; and
WHEREAS, the City of Midland has sought and received construction bids for the proposed improvements under three separate bid packages: 1) the Gas Collection And Control System Construction, 2) the Gas Pipeline Construction, and 3) the Gas-to-Energy Facility and Compressor Building Construction, and has received a low bid for the Gas Collection and Control System Construction in the amount of $1,344,312.36 from Catskill Remedial Contracting Services, Inc. of Otsego; and
WHEREAS, funding for the Gas Collection and Control System Construction has been separately budgeted in the 2009/10 Landfill budget account #517-9120-912.97-65 – Capital Construction Projects; and
WHEREAS, staff, along with the City’s project engineer, CTI and Associates, evaluated the proposals of each bidder and recommends awarding the contract to the low bidder; now therefore
RESOLVED, that the City of Midland authorizes the Mayor and City Clerk to execute a construction contract with Catskill Remedial Contracting Services, Inc., in the amount of $1,344,312.36, for the supply and installation of a gas collection and control system at the Landfill, as part of the proposed wastewater system improvements, subject to document approval by the City Attorney; 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 $20,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Johnson and seconded
by Councilman Gaynor:
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 Program;
and
WHEREAS, the City of Midland has sought and received construction bids
for the proposed improvements under three separate bid packages: 1) the Gas Collection And Control System
Construction, 2) the Gas Pipeline Construction, and 3) the Gas-to-Energy
Facility and Compressor Building Construction, and has received a low bid for the
Gas Pipeline Construction in the amount of $608,815.75 from R. Roese
Contracting Corporation, Inc. of Kawkawlin; and
WHEREAS, staff, along with the City’s project engineer, CTI and Associates, evaluated the proposals
of each bidder and recommends awarding the contract to the low bidder;
now therefore
RESOLVED, that the City of Midland authorizes the Mayor and City Clerk
to execute a construction contract with R. Roese Contracting Corporation, Inc., in the amount of $608,815.75, for
the supply and installation of a gas pipeline connecting the gas collection
system at the Landfill to the power generation facility at the Wastewater
Treatment Plant, as part of the proposed wastewater system improvements,
subject to document approval by the City Attorney and successful financial
arrangements with Michigan’s State Revolving Fund Program; 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 $20,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Johnson and seconded
by Councilman Wazbinski:
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 Program; and
WHEREAS, the City of Midland has sought and received construction bids for the proposed improvements under three separate bid packages: 1) the Gas Collection And Control System Construction, 2) the Gas Pipeline Construction, and 3) the Gas-to-Energy Facility and Compressor Building Construction, and has received a low bid for the Gas-to-Energy Facility and Compressor Building Construction in the amount of $8,554,177.00 from The Christman Company of Lansing; and
WHEREAS, staff, along with the City’s project engineer, CTI and Associates, evaluated the proposals of each bidder and recommends awarding the contract to the low compliant bidder; now therefore
RESOLVED, that the City of Midland authorizes the Mayor and City Clerk to execute a construction contract with The Christman Company, in the amount of $8,554,177.00, for the supply and installation of a gas-to-energy facility and compressor building construction, as part of the proposed wastewater system improvements, subject to document approval by the City Attorney and successful financial arrangements with Michigan’s State Revolving Fund Program; 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 $20,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Johnson and seconded
by Councilman Wazbinski:
WHEREAS, engineering work is
ongoing to meet the tight schedule for the State Revolving Funds (SRF) loan
application to the Michigan Department of Environmental Quality for three
construction efforts necessary to complete the renewable energy project: 1) Gas Collection and Control System at the
Landfill, 2) Gas Pipeline from the Landfill to the Energy Plant, and 3) Energy
Plant at the Wastewater Treatment Plant and Compressor Building at the Landfill; and
WHEREAS, one of the engineering
requirements for SRF loan eligibility is construction management, construction
quality assurance, and final reporting to the SRF to show that work was
completed according to the approved design, along with surveying and laboratory testing results; and
WHEREAS, the City’s consultant, CTI & Associates, Inc., has submitted to the
City a proposal to provide the required work for the duration of the three
overlapping projects, which will span an estimated twelve months, at a cost of
$576,011.00; and
WHEREAS, staff is pleased with the work CTI has performed on the gas-to-energy
project to date, and recommends acceptance of the proposal to perform
management and oversight in continuation of previous efforts; now therefore
RESOLVED, that an increase of
$576,011.00 to the existing
purchase order of $224,500.00 to
CTI & Associates, Inc. to provide construction management and construction
quality assurance for: 1) gas collection & control system efforts, 2) gas
pipeline, and 3) generator facility and compressor building, contingent upon successful financial
arrangements with the Michigan Department of Environmental Quality’s State
Revolving Fund Program for the three associated construction projects, bringing the total purchase order to
$800,511.00, is hereby approved. (Motion
ADOPTED.)
MCTV Director Ron Beacom presented a resolution notifying Charter
Communications of the City’s opposition to the changes in the location of
Midland’s cable access channels and requesting reconsideration of said
action. The following resolution was
then offered by Councilman Gaynor and seconded by Councilman Adams:
WHEREAS, Charter Communications notified the City of Midland on November
2 that Midland’s four cable access channels will be moved from their current
high value locations (3, 5, 15, 17) to channels 96-99 on December 1; and
WHEREAS, there is limited funding for advertising and promotion, and the
City of Midland is concerned the access channels will be difficult for some
viewers to find after being in their current locations for the past 6 to 19
years; and
WHEREAS, the new locations for MGTV and the MCTV message board will be
on channels 96 & 97 respectively, which are subject to FM signal
interference thus potentially lowering the quality of the signals a viewer
receives; now therefore
RESOLVED, that City Council approves this resolution to notify Charter
Communications of the City’s opposition to these channel changes and requests
Charter to reconsider this action.
(Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, the City has
received a recommendation to adopt an updated version of its Section 125
Flexible Benefit Plan from Flex Administrators, Inc. to comply with recent IRS
administrative regulations; and
WHEREAS, the City has
engaged the services of Flex Administrators, Inc. to administer the City of
Midland Section 125 Flexible Benefit Plan and ensure legal compliance with IRS
regulations; now therefore
RESOLVED, that the City
of Midland Section 125 Flexible Benefit Plan Document is adopted as
attached. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that the audit of the
City and County of Midland Joint
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, the Cable Access Advisory Commission has submitted an annual
report for fiscal year 2008/2009 in accord with Article I of Chapter 15 of the
Midland Code of Ordinances; and
WHEREAS, the Cable Access Advisory Commission has identified in the
annual report activities that are in compliance with the duties defined in the
ordinance; now therefore
RESOLVED,
that the 2008/2009 Annual Report of the Cable Access Advisory Commission be
accepted. (Motion ADOPTED.)
City Clerk/Community Relations Director Selina Tisdale presented a
review of the boards and commissions appointment process. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Gaynor:
RESOLVED, that Midland
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that Jenee Velasquez is hereby reappointed to the Brownfield Redevelopment Financing Authority for a term expiring December 1, 2012. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that W. Douglas Thompson is hereby appointed as the resident representative to the Downtown Development Authority to fill a term expiring May 1, 2011. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that Traffic Control Order No. P-09-05 filed September 15,
2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic
control as follows:
That parking shall
be prohibited on the north side of Reardon Street located from 240 feet east of Ashman Street to a point 285 feet east
of Ashman Street weekdays from 10:00 a.m. to 1:30 p.m. for the purpose of
establishing a loading zone.
is hereby made permanent. (Motion
ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
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 $29,633.10 executed by the Purchasing Agent on November
4, 2009, is hereby approved. (Motion
ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of
playground equipment, Bid No. 3224; and
WHEREAS, sufficient funds are included in the capital budget in the
Parks Fund for the purchase of the playground equipment; now therefore
RESOLVED, that the low bid meeting City specifications submitted by
Miracle Recreation of Okemos, Michigan for the purchase and installation of
playground equipment is hereby accepted; and
RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue
a purchase order to Miracle Recreation in the amount of $54,910.00 in accord
with this resolution, the proposal selected and City specifications. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, the State of Michigan Department of Environmental Quality (MDEQ), in compliance with the provisions of the Federal Water Pollution Control Act, gives authorization to discharge wastewater under the National Pollutant Discharge Elimination System (NPDES) to the City of Midland Wastewater Treatment Plant; and
WHEREAS, the MDEQ made its first draft permit response this past July that contained several new and restrictive limits and conditions that were not directly connected to the wastewater treatment plant’s operations or the wastewater it treats and discharges, for which the City saw no regulatory or technical basis for the limits and conditions; and
WHEREAS, a purchase order to Miller, Canfield, Paddock and Stone, P.L.C. of Lansing in the amount of $20,000.00 was administratively approved in August to expedite the negotiation process of the NPDES permit renewal; and
WHEREAS, the City was successful in influencing the final draft of its NPDES permit, which took effect on October 1, 2009, and will expire on October 1, 2013; and
WHEREAS, legal assistance totaled $33,600.00, requiring an increase of $13,600.00 to the existing purchase order; and
WHEREAS, funding for this purpose is available in the 2009/10 Wastewater Fund account #590-8010-801.81-99 – Miscellaneous Contractual Services; now therefore
RESOLVED, that an increase of $13,600.00 to the existing purchase order with Miller, Canfield, Paddock and Stone, P.L.C. of $20,000.00, bringing the total amount to $33,600.00 for legal assistance provided during the NPDES renewal process is hereby approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, Daniel and Mary Spegel submitted a request for a group daycare home (7-12 children) located at 5805 West Wackerly Street located in a Residential A-1 zoning district on 2.67 acres; and
WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on December 21, 2009, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and
RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on December 4, 2009 and to publish said notice on December 5, 2009. (Motion ADOPTED.)
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the request from the Carolina Cove Condominium Association to remove the requirement to construct a 4’ wide sidewalk on Kitty Hawk Circle; now therefore
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, December 21, 2009, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the removal of the requirement to construct a 4’ wide sidewalk on Kitty Hawk Circle in Carolina Cove Condominiums on 6.74 acres west of Abbott Road north of Betsey Drive and south of Alta Court; and
RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area by transmitting notice on December 4, 2009 and to publish said notice on December 5, 2009. (Motion ADOPTED.)
Being no further business the meeting adjourned at 8:50 p.m.
______________________________________
Selina Tisdale, City