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 |
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.)
No public comments were made.
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.
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.)
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.)
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.)
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.)
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
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
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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
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
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Adams:
WHEREAS, sealed bids for the
contract of Water Treatment Chemicals -
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
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.)
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
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.)
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.
RESOLVED, that the salary of
James O. Branson III, City
RESOLVED FURTHER, that the terms and conditions of the employment agreement shall remain the same. (Motion ADOPTED.)
RESOLVED, that the salary of Jon
Lynch, City
RESOLVED FURTHER, that the terms and conditions of the employment agreement shall remain the same. (Motion ADOPTED.)
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