April 25, 2011

 

A regular meeting of the City Council was held on Monday, April 25, 2011, 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, J. Dee Brooks, Maureen Donker, Marty Wazbinski

Councilmen absent:

Bruce Johnson

 

MINUTES

Approval of the minutes of the April 11, 2011 regular and April 18, 2011 special meetings was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

PROPOSED 2011-12 BUDGET

Fiscal Services Director David Keenan presented a brief review of the City Manager’s Proposed 2011-12 Budget.  A public hearing opened at 7:20 p.m.  Eugene Moore, 5600 Woodview Pass, spoke regarding the proposed budget costs for the Emerald Ash Borer issue.  Larry Pillepich, 3602 McKeith Street, spoke regarding the MCTV budget.  Lowell Lindy, 4516 Linden Drive, presented questions regarding information in the budget edition of the At Your Service newsletter.  Jim Borin, 2001 Ramble Lane, spoke regarding the previous year’s millage rates, total compensation and questioned if the roundtable results from 2008 are still valid.  The public hearing closed at 8:05 p.m.

 

PUBLIC COMMENTS

No public comments were made.

 

ZONING BOARD OF APPEALS APPOINTMENTS

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

 

RESOLVED, that Rich Siemer is hereby appointed to the Zoning Board of Appeals for a term expiring June 30, 2013, and Henry Holthof is hereby appointed as an Alternate to the Zoning Board of Appeals for a term expiring June 30, 2014.  (Motion ADOPTED.)

 

ANNUAL BIKE AUCTION

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

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at a public auction held on Saturday, May 7, 2011 with the net proceeds being deposited in the General Fund or other appropriate City funds.  (Motion ADOPTED.)

 

2012 WORLD SOFTBALL TOURNAMENT

Department of Public Services Director Karen Murphy introduced Kyle Bean, President of the Midland Explorers Sports Booster Club, who spoke regarding the success of the 2010 ISC World Tournament and plans for the 2012 event.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

WHEREAS, the Midland Explorers Booster Club has expressed interest in hosting the 2012 ISC World Tournament; and

WHEREAS, the Parks and Recreation Commission has passed a resolution recommending that the City Council lend City support to this effort; now therefore

RESOLVED, that the City Council hereby supports the Midland Explorers Booster Club’s request to host the 2012 ISC World Tournament; and

RESOLVED FURTHER, that the Council pledges City support if the event is secured, to include:

1.    Use of Emerson Park and Redcoats Complex from August 11-18, 2012.

2.    The right to charge admission for the event.

3.    The right to operate concessions including a beer concession.

4.    Support of the Parks and Recreation staff to operate the event.

(Motion ADOPTED.)

 

POSEYVILLE ROAD BRIDGE OVER THE TITTABAWASSEE RIVER

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

 

WHEREAS, the Poseyville Road Bridge over the Tittabawassee River is experiencing deterioration to such an extent that preventive maintenance is necessary to extend the service life of the bridge; and        

WHEREAS, the City of Midland desires to use Local Bridge Program funds along with City funds to accomplish said preventive maintenance work; now therefore

RESOLVED, that the City of Midland supports the application request for Local Bridge Program funds for preventive maintenance of the Poseyville Road  Bridge over the Tittabawassee River for the year 2014.  (Motion ADOPTED.)

 

AIRPORT ROAD BRIDGE OVER THE STURGEON CREEK

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

 

WHEREAS, the Airport Road Bridge over the Sturgeon Creek is experiencing deterioration to such an extent that preventive maintenance is necessary to extend the service life of the bridge; and        

WHEREAS, the City of Midland desires to use Local Bridge Program funds along with City funds to accomplish said preventive maintenance work; now therefore

RESOLVED, that the City of Midland supports the application request for Local Bridge Program funds for preventive maintenance of the Airport Road Bridge over the Sturgeon Creek for the year 2014.  (Motion ADOPTED.)

 

USED SLED HILL GROOMER

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

 

WHEREAS, the Department of Public Services purchased a used sled hill groomer in 2004 for use at the City Forest and the groomer is in need of replacement; and

WHEREAS, a similar used sled hill groomer is available from Kassbohrer All Terrain Vehicles, Inc. of Reno, Nevada; and

WHEREAS, sufficient funding for the purchase of the groomer is available in the 2010-11 Parks Budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the Purchasing Agent is authorized to issue a purchase order to Kassbohrer All Terrain Vehicles, Inc. of Reno, Nevada in the amount of $35,500 for the purchase of a used sled hill groomer.  (Motion ADOPTED.)

 

PLYMOUTH POOL DECK DRAINAGE

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

 

WHEREAS, at their March 21, 2011 meeting, City Council awarded the Plymouth Pool deck replacement project to Tancor Corp of Midland, MI; and

WHEREAS, the bid specification for the pool deck replacement included a provision for a separate design-build agreement to be agreed upon with the chosen contractor for pool deck drainage; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Tancor Corp of Midland, Michigan not to exceed $54,500 for installation of pool deck drainage, all in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

2011 SURFACE TREATMENT AND CRACK SEALING; CONTRACT NO. 4

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack sealing of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal with adjusted quantities submitted by Highway Maintenance & Construction Company, Inc. of Romulus, Michigan for the "2011 Surface Treatment & Crack Sealing Program; Contract No. 4", in the amount of $515,000 based upon current funding levels 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 any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

WHOLESALE WATER SERVICE AGREEMENT – SAGINAW CHIPPEWA INDIAN TRIBE

Utilities Director Noel Bush presented information on a Wholesale Water Service Agreement between the Saginaw-Midland Municipal Water Supply Corporation and the Saginaw Chippewa Indian Tribe of Michigan.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the Saginaw-Midland Municipal Water Supply Corporation (Corporation) was formed and began operations in 1948 and operates as a non-profit entity pursuant to Act No. 233 of Michigan Public Acts of 1955, as amended, to be a supplier of bulk Lake Huron water to its owners, the City of Saginaw and the City of Midland, as well as to other communities along the pipeline route; and

WHEREAS, the Saginaw Chippewa Indian Tribe of Michigan (SCITM) desires to obtain from the Corporation a supply of raw-unfiltered water for its Saganing Eagles Landing Casino and facilities in Standish; and

WHEREAS, supplying water on a wholesale basis requires the SCITM to own, operate, and maintain a filtered water treatment system, in accordance with the rules of the Michigan Department of Environmental Quality or the Environmental Protection Agency; and

WHEREAS, the Board of Trustees of the Corporation at their regular meeting on February 17, 2011, authorized its Chairman, Vice-Chairman, and Secretary-Treasurer to execute a new wholesale water contract with the SCITM; and

WHEREAS, in accordance with the operating agreement between the City of Midland and the Corporation, the City must approve all wholesale water contracts; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the wholesale raw water service agreement dated February 17, 2011 between the Saginaw-Midland Municipal Water Supply Corporation and the Saginaw Chippewa Indian Tribe of Michigan, upon document approval by the City Attorney.  (Motion ADOPTED.)

 

GAS-TO-ENERGY PROJECT – ENGINEERING SUPPORT (PO INCREASE)

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

 

WHEREAS, the City of Midland and its engineering consultant, CTI and Associates, Inc. (CTI) of Brighton, have completed the majority of work on the renewable energy system, utilizing landfill gas created by the decomposition of refuse, to generate renewable electric power and heat to offset energy consumption and operating costs for the city; and

WHEREAS, a purchase order to CTI was increased in November 2009 to $800,511.00 for construction management and construction quality assurance for the projects comprising the renewable energy system; and

WHEREAS, several factors over the past six months have resulted in additional on-site engineering and technical support related to the gas collection and control system, requiring an increase of $42,052.00 to the existing purchase order with CTI; and

WHEREAS, funds are available in project LF0707 – Gas Collection and Control System; now therefore

RESOLVED, that an increase of $42,052.00 to the existing purchase order of $800,511.00 to CTI & Associates, Inc. to provide continued engineering support for the gas collection and control system, as part of the gas-to-energy project, is hereby approved.  (Motion ADOPTED.)

 

STYRON LLC – IFT APPLICATION

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

 

RESOLVED, that an application dated April 5, 2011, was received April 5, 2011 from Styron LLC with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No.1 relating to new personal property totaling $885,000 for the Verde-Binder Preparation Project.  The project includes installing equipment to utilize a new raw material in Styron’s Midland Latex Plant. The equipment owned by Styron LLC will be installed on land that is leased from The Dow Chemical Company.  Application for this project is hereby acknowledged received and ordered and placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, May 9, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

PROPOSED 2011-12 CDBG BUDGET

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

 

WHEREAS, the City of Midland will receive $244,987 in Community Development Block Grant funds for fiscal year 2011-12; and

WHEREAS, it is anticipated that the City will receive $60,000 in program income, and an anticipated fund balance of $236,467 will be carried over from prior fiscal years; and

WHEREAS, on March 21, 2011, the Housing Commission unanimously recommended approval of this budget; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on May 9, 2011, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table (Attachment A).  (Motion ADOPTED.)

 

PROPOSED 2010-11 CITY BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

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

 

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., May 9, 2011, in the Council Chambers of City Hall on the proposal to amend the 2010-11 budgets and financial working plans as follows:





 


 


 


 


 

(Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk