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
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