June 28, 2010

 

A regular meeting of the City Council was held on Monday, June 28, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

Vacant:

None

Third Ward

 

MINUTES

Approval of the minutes of the June 14, 2010 special (2) and regular meetings was offered by Councilman Wazbinski and seconded by Councilman Adams.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WATER AND SEWER RATES ORDINANCE AMENDMENTS

Utilities Director Noel Bush presented information on ordinance amendments to Sec. 28-52 of Division 3 of Article II of Chapter 28 – Water Rates and Sec. 28-163 of Division 3 of Article III of Chapter 28 – Sewer Rates. The following two ordinance amendments were then presented for consideration.

 

WATER RATES ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1707

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)        For each one thousand (1,000) gallons used per quarter:  $1.22            

(2)        In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

 

     5/8" – 3/4”

 $32.85

 

1"

 $42.71

 

1- 1/2"

 $52.56

 

2"

 $85.41

 

3"

 $328.50

 

4"

 $427.05

 

6"

 $624.15

 

8"

 $886.95

 

(3)      Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect July 1, 2010.  (Ordinance ADOPTED.)

 

SEWER RATES ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. 1708

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)          There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

 

     5/8" – 3/4"

$40.80

 

1"

$53.04

 

1 – 1/2"

$65.28

 

2"

$106.08

 

3"

$408.00

 

4"

$530.40

 

6"

$775.20

 

8"

$1,101.60

 

(2)          In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:  $1.96                    

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2010.  (Ordinance ADOPTED.)

 

GIFT – CURRIE STADIUM FIELD IMPROVEMENTS

Department of Public Services Director Karen Murphy presented a resolution accepting the ISC Tournament Host Committee’s gift of field improvements at Currie Stadium.  Kyle Beane, member of the ISC Tournament Host Committee, spoke regarding the upcoming ISC event.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the ISC World Fast Pitch Tournament will occur at Emerson Park and the Redcoats Complex from August 13-22, 2010; and

WHEREAS, the ISC Tournament host committee has approved a donation to the City of approximately $23,500 in field improvements at Currie Stadium; now therefore

RESOLVED, that the City Council hereby accepts the ISC Tournament host committee’s gift of field improvements at Currie Stadium.  (Motion ADOPTED.)

 

COUNTRYSIDE ESTATES NO. 3 FINAL PLAT

Director of Planning and Community Development Keith Baker presented the Final Plat of Countryside Estates No. 3, a residential subdivision of 18 lots on 14.84 acres located west of Dublin Avenue and south of Countryside Drive. The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the Final Plat of Countryside Estates No. 3 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Countryside Estates No. 3, 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.)

 

FOIA DENIAL APPEAL

City Attorney Jim Branson presented information authorizing the City Council to take action on the Freedom of Information Act denial appeal.  Robert Hall, 209 N. Chippewa Street, Shepherd, spoke regarding his original request for information.  The following resolution supporting the City Attorney’s denial of the FOIA request was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, on May 18, 2010 a Freedom of Information Act request was submitted to the City Clerk; and

WHEREAS, on May 20, 2010 the Freedom of Information Act request was denied by the City Attorney; and

WHEREAS, on June 4, 2010 the Freedom of Information Act denial appeal was received by the City Manager’s office; and

WHEREAS, on June 14, 2010 the Freedom of Information Act denial appeal was accepted by City Council; now therefore

RESOLVED, that in accordance with the Freedom of Information Act, the City Council hereby supports the denial, in full, as issued by the City Attorney on June 14, 2010.  (Motion ADOPTED.)

 

PURCHASE OF TWO PROPERTY TAX FORECLOSED PROPERTIES (JEFFERSON)

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

 

WHEREAS, three properties located in the City of Midland have reverted back to the Midland County Treasurer for property tax sale; and

WHEREAS, it is the desire of the Housing Commission to purchase two of those properties for neighborhood preservation and preservation of the city’s housing stock; and

WHEREAS, the property at 1606 Jefferson will be demolished and the property at 1514 Jefferson will be renovated to meet the requirements of the City of Midland Housing Code; and

WHEREAS, the property at 1514 Jefferson will be used for affordable housing; now therefore

RESOLVED, that the purchase of said two properties is hereby approved and the purchase is authorized using City of Midland Housing Commission Funds.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-10-07

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

 

RESOLVED, that Traffic Control Order No. P-10-07 filed April 23, 2010 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Willow Street from Beech Street to the south end of Willow Street.

is hereby made permanent.  (Motion ADOPTED.)

 

BOARD OF REVIEW – MCFARLANE RESIGNATION

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

 

RESOLVED, that the resignation of Charles McFarlane as a member of the Board of Review is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. McFarlane for his service on this important Board.  (Motion ADOPTED.)

 

BOARD OF REVIEW – MCMANN & COONS APPOINTMENTS

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

 

RESOLVED, that Timothy McMann is hereby appointed to the Board of Review to fill an unexpired term to expire April 30, 2011 and Carl Coons is hereby appointed to fill an unexpired term to expire April 30, 2012.  (Motion ADOPTED.)

 

DIAL-A-RIDE ADVISORY COMMISSION – KEELER APPOINTMENT

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

 

RESOLVED, that Patricia Keeler is hereby appointed to the Dial-A-Ride Advisory Commission as the Midland County Council on Aging Representative for a term expiring on June 30, 2013.  (Motion ADOPTED.)

 

LABOR CONTRACT – MIDLAND POLICE COMMAND GROUP/POLC

Assistant City Manager for Human Resources Paula Whittington presented the negotiated contract settlement between the City of Midland and the Midland Police Command Group/Police Officers Labor Council. The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Police Command Group/Police Officers Labor Council (POLC) for labor contract changes effective July 1, 2010 and expiring June 30, 2013; 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.)

 

CURBSIDE RECYCLING SERVICES AGREEMENT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for “Sanitation Collection Services”, Bid No. 3245 which included several options for curbside recycling service; and

WHEREAS, City Council held a public hearing to receive public input on the bid options offered; and

WHEREAS, City Council directed staff to negotiate a contract for upgraded monthly recycling collection utilizing 95-gallon recycle carts; now therefore

RESOLVED,  that the low bid meeting specifications starting at $2.20 per unit per month submitted by Republic Services of Northern Michigan is hereby accepted; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute a five-year agreement, contingent upon the approval of the City Attorney, with Republic Services of Northern Michigan.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 12,403 gallons of regular #2 diesel fuel from C. F. Fick & Sons of Grayling, Michigan for $25,686.61 executed by the Purchasing Agent on June 8, 2010, is hereby approved.  (Motion ADOPTED.)

 

2010 WACKERLY WATER MAIN IMPROVEMENT

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

 

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 a new water main on Wackerly Street from the end of the existing water main to 800 feet west to serve the new Consolidated Graphics (McKay Press) site; and

WHEREAS, funding for this project is provided by the Water Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Keyes Trenching, LLC of Freeland, Michigan, for the "2010 Wackerly Water Main Improvement; Contract No. 4", in the indicated amount of $78,847.00, 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.)

 

ELECTRIC UPGRADE – LANDFILL GTE PROJECT

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

 

WHEREAS, the City of Midland is well into constructing a renewable energy system 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, staff determined that it would be advantageous to convert the secondary electrical power at the Landfill to primary metering, and own the new transformers and infrastructure, which will result in an annual electric cost savings to the City of approximately $17,000.00; and

WHEREAS, the total estimated cost of the electrical upgrade and infrastructure installation is $124,000.00, with funding in the amount of $100,000.00 being provided in the 2009/10 Landfill Budget account #517-9120-921.97-65 – Capital Projects, and funding in the amount of $24,000.00 provided in project LF0707 - Gas Collection & Control System; now therefore

RESOLVED, that a purchase order in the amount of $100,000.00 to Consumers Energy is hereby authorized for purchasing existing infrastructure, demolition, new primary transformers, and disconnect at the Landfill; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order with Consumers Energy in an aggregate amount not to exceed $20,000.00; and

RESOLVED FURTHER, that sealed proposals be waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order is hereby authorized in the amount of $24,000.00 to Newkirk Electric Associates, Inc. of Muskegon to provide 1200 amp disconnect for the Gas Collection & Control System generator, conduit/wire from the transformer to the disconnect, conduit/wire between the disconnect and the automatic transfer switch, conduit for future cells, and additional grounding loop around the emergency generator; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order with Newkirk in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

CALCIUM OXIDE PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Calcium Oxide, Bid No. 3267, for a period of one year beginning July 1, 2010, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, purchases of Calcium Oxide will be made in the 2010/11 fiscal year Water Fund Inventory Account #591-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of Pittsburgh, PA, for the indicated price per ton of $125.73 for up to 1,200 tons of Calcium Oxide for a period of one year beginning July 1, 2010, with the option of up to two, one-year price extensions, at an annual amount of $150,876.00, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

HYDROFLUOSILICIC ACID PURCHASE

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

 

WHEREAS, a contract extension for, Bid No. 3186, Water Treatment Chemicals – Hydrofluosilicic Acid, for a period of one year beginning July 1, 2010, has been received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for the purchase of Hydrofluosilicic Acid is available in Water Fund Inventory Account #591-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by LCI Ltd of Jacksonville Beach, FL, for the indicated price per ton of $675.00 for up to 92 tons per year, at a total contract amount of $62,100.00, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, the City Manager has the authority to approve changes modifying this purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

FERRIC CHLORIDE PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Ferric Chloride, Bid No. 3267, for a period of one year beginning July 1, 2010, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, purchase of Ferric Chloride will be made available in Water Fund Inventory Account #591-0000-091.13-30 and in Wastewater Fund Inventory Account #590-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by Kemira Water Solutions, Inc. of Lawrence, KS, for the indicated price per ton of $420.00 for up to 500 tons (250 each for the Water and Wastewater Treatment Plants), at a total aggregate contract amount not to exceed $210,000.00, for a period of one year beginning July 1, 2010, is hereby accepted and purchase orders are authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes in an aggregate amount not to exceed $5,000.00 for each purchase order.  (Motion ADOTPED.)

 

ATTORNEY & MANAGER JPR

Mayor Donker led City Council in a discussion of the City Manager and City Attorney job performance reviews.  The following two resolutions were then presented for consideration.

 

CITY ATTORNEY JOB PERFORMANCE REVIEW

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

 

RESOLVED, that the salary of James O. Branson III, City Attorney, will not be increased; and

RESOLVED FURTHER, that the terms and conditions of the employment agreement shall remain the same.  (Motion ADOPTED.)

 

CITY MANAGER JOB PERFORMANCE REVIEW

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

 

RESOLVED, that the salary of Jon Lynch, City Manager, will not be increased; and

RESOLVED FURTHER, that the terms and conditions of the employment agreement shall remain the same.  (Motion ADOPTED.)

 

NEW BUSINESS

Scheduled closed meeting on July 12, 2010, at 5:30 p.m. to discuss pending tax appeals.

 

Being no further business the meeting adjourned at 8:00 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk