May 9, 2011

 

A regular meeting of the City Council was held on Monday, May 9, 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, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the April 25, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

2011 MAKE MIDLAND BEAUTIFUL ART CELEBRATION

Recreation Coordinator Marcie Post led recognition of 28 elementary and middle school children for outstanding work in creating posters for the 2011 Make Midland Beautiful Art Celebration. 

 

RECOGNITION OF MIDLAND HIGH SCHOOL GIRLS’ BASKETBALL TEAM

Communications Coordinator Libby Richart introduced Elaine Mahabir, Head Coach of the Midland High School Girls’ Basketball Team.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to the Midland High School Girls’ Basketball Team for their outstanding sportsmanship and play during the 2011 Michigan High School Athletic Association’s girls’ basketball quarterfinals.   (Motion ADOPTED.)  Mayor Donker presented Elaine Mahabir with the Proclamation of Recognition. 

 

MIDLAND BLOOMS DAY IN MIDLAND

Communications Coordinator Libby Richart introduced Sid Allen, President and CEO of the Midland Area Chamber of Commerce.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 21, 2011 as Midland Blooms Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Sid Allen with the proclamation.

 

“BIKE MONTH” AND “BIKE TO WORK WEEK”

Planning and Community Development Director Keith Baker introduced Kerry Irons, Co-Chair of the Non-Motorized Transportation Advisory Committee.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the Month of May as “Bike Month” in the City of Midland and specifically May 16 - 20, 2011, as “Bike to Work Week” in Midland.  (Motion ADOPTED.)  Mayor Donker presented Kerry Irons with the proclamation. 

 

2011 SIDEWALK IMPROVEMENT PROGRAM HEARING OF NECESSITY

City Engineer Brian McManus presented information on the 2011 Sidewalk Improvement Program.  A public hearing of necessity was opened at 7:50 p.m.

 

TJ McCann, 307 Norfolk, owner of property on Sam and Charles Streets, spoke in opposition to sidewalks on both streets. 

Frank Cionti, on behalf of Roschelle Houston, owner of 5205 Countryside and Kenneth Haug, 3707 Dublin, both spoke in opposition to sidewalks on the west side of Dublin Avenue. 

Randy Grasmeyer, 5418 Vandemere, inquired as to the petitioner for the sidewalks on the east side of Dublin.  Charles McDonald, 4000 Dublin Avenue; Peter Stirbis, 4320 Dublin Avenue; Dr. Bill Bateman, provost, Northwood University, 4000 Whiting Drive; Lynn Field, 4512 Dublin Avenue, all spoke in opposition to sidewalks on the east side of Dublin Avenue.

Roberta Thrush, 3819 Pfeiffer Court, spoke in opposition to sidewalks on Pfeiffer Court.

JoAnn Church 342 Sam Street; Karen Rickett, 407 Sam Street; Andree Sequin, property tax #14-23-30-404; Richard Boynton, 348 Sam Street; Dave Moore, 327 Sam Street; and Charlotte Starin, 334 Sam Street, all spoke in opposition to sidewalks on Sam Street.

The public hearing of necessity closed at 8:10 p.m.   The following resolution was offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being:

            Charles Street (both sides)          from Sam Street to end of street

            Dublin Avenue (west side)          from Plumtree Lane to Countryside Drive

            Dublin Avenue (east side)           from Countryside Drive to Rail-Trail

            Pfeiffer Court (south side)           from Perrine Road to end of street

            Sam Street (both sides)              from Bay City Road to end of street

            Wheeler Street (south side)         from Russell Street to Bristol Court Walkway

and has heretofore established one special assessment district which is to be known as the “2011 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 9th day of May, 2011, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 11, 2011, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2011 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of one hundred twenty-six thousand nine hundred forty-three dollars ($126,943); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be forty-nine thousand sixty-one dollars ($49,061) and that all other costs and expenses of said improvement amounting to seventy-seven thousand eight hundred eighty-two dollars ($77,882.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalks in the herein listed streets are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2011, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2011, and that said agreement is received by City Council for approval at their June 13, 2011, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2011 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion DENIED.  Yeas:  None   Nays:  Adams, Brooks, Donker, Johnson, Wazbinski)

 

PROPOSED 2011-12 CITY BUDGET

Fiscal Services Director David Keenan presented the City Manager’s Proposed 2011-12 Budget.  A public hearing opened at 9:05 p.m. 

Mike Hayes, 919 E. Park Drive, spoke in support of the proposed budget citing excellent amenities, services and safety that they wish to see continued in future budgets.   Larry Pillepich, 3602 McKeith Road, spoke in support of the proposed budget but raised questions regarding MCTV and franchise fees. 

Walter Lueth, Pondview Drive, encouraged the City to continue to reduce employment costs and avoid a millage increase. 

Eugene Moore, 5600 Woodview Pass, encouraged the City to live within its means and reduce the expenditures by the amount of the proposed millage increase and presented a list of budget-related questions.

Norm Hozak, 3810 Boston, opposed tax increases and encouraged a reassessment of spending.

Randy Grasmeyer, 5418 Vandemere Street, complimented the City on employee costs and challenged the City to try to save costs in other ways.   He suggested a community panel to review costs.

Beth Wolf, 2311 Dilloway Drive, opposed new taxes and encouraged a review of expenses.

Joseph Sylvester, Eastlawn Drive, spoke regarding costs passed on to rental properties and encouraged cutting costs to keep taxes low.

John Lynn, 4604 Oakridge Drive, spoke regarding costs to defend MCV tax appeal and other practical cuts that could be made.

The public hearing closed at 10:00 p.m.

 

Council recessed at 10:05 and resumed at 10:15 p.m.

 

DOW AGROSCIENCES, LLC – IFT APPLICATION

City Assessor Reid Duford presented information on a request from Dow AgroSciences, LLC for an Industrial Facilities Tax Exemption Certificate within The Dow Chemical Company Plant Rehabilitation District No. 1.  A public hearing opened at 10:20 p.m.  Director of Dow Michigan Operations Earl Shipps spoke regarding the project.   Carol Miller, Economic Development Manager for Midland Tomorrow, spoke in support of the industrial facilities tax exemption request.   The public hearing closed at 10:25 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, Dow AgroSciences, LLC made an application dated March 25, 2011, which was received by the City Clerk on March 25, 2011 for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $14,000,000 which is for new real and personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to utilize Building 827 at Michigan Operations for the production of agricultural products.  The project, named SPRINT 2, will retrofit and install all necessary process instrumentation, piping, pumps and equipment for expanded production.  The project is expected to retain 6 jobs; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on May 9, 2011, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district and/or plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district and/or plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Dow AgroSciences, LLC, considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Dow AgroSciences, LLC, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2023; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

STYRON, LLC – IFT APPLICATION

Item withdrawn by petitioner.

 

2011 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT PROJECT

City Assessor Reid Duford presented the 2011 Downtown Economic Revitalization Public Improvement Special Assessment District Special Assessment Roll.  A public hearing opened at 10:35 p.m., recognizing no comments, the hearing closed at 10:35 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of a certain revitalization program on the "2011 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $72,022.98 and that the total estimated cost of said improvements is $72,022.98, and the City at large cost is zero (0); and

RESOLVED FURTHER, that fifty (50) percent of the amount of said roll shall be collected during the year of 2011, and fifty (50) percent of said roll shall be collected during the year of 2012; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the City Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading fifty (50) percent of said Roll on July 1, 2011 without interest, and fifty (50) percent of said roll on July 1, 2012 without interest.  (Motion ADOPTED.)

 

2011-12 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

Planning and Community Development Director Keith Baker presented the Proposed 2011-12 Community Development Block Grant Budget (CDBG).  Mayor Maureen Donker and Councilman Tom Adams both disclosed a connection with organizations requesting grants under the CDBG budgets.  A public hearing opened at 10:50 p.m., recognizing no comments, the hearing closed at 10:50 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

WHEREAS, the City of Midland is estimated to receive $244,987 in Community Development Block Grant (CDBG) funds for fiscal year 2011-12; and

WHEREAS, it is anticipated that the city will receive $60,000 in 2011-12 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 City of Midland Housing Commission unanimously recommended approval of this budget; and

WHEREAS, a public hearing was held by the City Council on May 9, 2011, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the 2011-2012 Community Development Block Grant Budget as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2011-2012 Community Development Block Grant budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program.  (Motion ADOPTED.)

 

2010-11 CITY BUDGETS & FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2010-11 City budgets and financial working plans.  A public hearing opened at 11:10 p.m., recognizing no comments, the hearing closed at 11:10 p.m.  The following resolution was offered by Councilman Johnson and seconded by Councilman Wazbinski:

 

WHEREAS, in accord with Sections 5.11 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice and having conducted a public hearing on Monday, May 9, 2011 on the proposal to amend the 2010-11 budgets and financial working plans to reflect the estimates submitted during the 2011-12 budget process; now therefore

RESOLVED, the budgets and working plans of the City of Midland be amended as follows:

 






 


 


 


 


 

(Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 299

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 299, the request of Dr. Cynthia Skiba, DDS for a 2,995 square foot dental office located at 111 Harold Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 299 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 299, contingent upon the following:

      1.   The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

(Motion ADOPTED.)

 

ANNEXATION FROM LARKIN TWP – 2433 N. EASTMAN ROAD

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SEC 29 T15N-R2E COM 660 FT W OF NE SEC COR, TH W 660 FT, S 1070 FT, E 722 FT, S 190 FT, E 548.64 FT, N 45D E 70.5 FT, N TO PT 330 FT S OF NE SEC COR, W 660 FT,N TO POB 30 ACRES

 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin by the property owners who hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

2011-12 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORPORATION BUDGET

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2011-2012 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $894,461.00 is hereby approved.  (Motion ADOPTED.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION – APPOINTMENTS

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

 

RESOLVED, that Bruce Kanuch and Kari McPhillips are hereby appointed as citizen-at-large members of the West Main Street Historic District Commission for terms expiring June 30, 2013 and June 30, 2014, respectively.  (Motion ADOPTED.)

 

DOWNTOWN DEVELOPMENT AUTHORITY APPOINTMENT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Bo Miller to the Downtown Development Authority to fill a term to expire May 1, 2014.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-11-01

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

 

RESOLVED, that Traffic Control Order No. S-11-01 filed December February 17, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Columbia Road shall yield to Woodlawn Street. 

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-11-02

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

 

RESOLVED, that Traffic Control Order No. S-11-02 filed December February 17, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Graham Street shall yield to Woodlawn Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-11-03

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

 

RESOLVED, that Traffic Control Order No. S-11-03 filed December February 17, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Linwood Drive shall yield to Woodlawn Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-11-04

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

 

RESOLVED, that Traffic Control Order No. S-11-04 filed December February 17, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Columbia Road shall yield to Linwood Drive. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-11-01

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

 

RESOLVED, that Traffic Control Order No. P-11-01 filed February 22, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That there shall be no parking on the south side of Schuette Road from Waldo Avenue westward for a distance of 300 feet.

is hereby made permanent.  (Motion ADOPTED.)

 

MUSIC ON MAIN EVENT

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

 

RESOLVED, that the request from the Downtown Development Authority to host a Music on Main event in the downtown area on Saturday, May 14, 2011, utilizing amplified sound and the public right-of-way, is hereby approved subject to the following conditions:

  • The areas adjacent to any doorway used for egress from a building shall be kept clear of obstructions.
  • An area of at least a three foot radius shall be kept around all fire hydrants and connections to sprinkler/standpipe connections.
  • A minimum 20 foot wide fire lane shall be maintained on streets during their closure.
  • Barricades/picnic tables at the various intersections may have to be moved should the fire department require access.
  • A map of the proposed sign locations must be provided to the Engineering Department as the signs cannot inhibit visibility.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

HELICOPTER LANDING AT THE H HOTEL

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

 

WHEREAS, Charles T. Miller, a Certified Commercial Helicopter Pilot desires to land his helicopter with passengers at the H Hotel site immediately south of Ann Street on June 4, 2011 at 7:15 pm; and

WHEREAS,  Section 4-22 of the Code of Ordinances allows helicopter landings on private property with consent of neighboring properties closer than 125 feet; and 

WHEREAS, the City of Midland owns property closer than 125 feet from the landing site; now therefore

RESOLVED, that the City Council hereby consents to a helicopter landing on H Hotel property on  June 4, 2011 at approximately 7:15 pm.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,800 gallons of regular #2 diesel fuel from Karbowski Oil of Bay City, Michigan for $43,456 executed by the Purchasing Agent on April 27, 2011, is hereby approved.  (Motion ADOPTED.)

 

PARK MOWING SERVICES

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing mowing services for various park properties within the City of Midland; and

WHEREAS, the bid period covers a one-year period with an option to extend the bid for an additional two years if staff is satisfied with the results, and while sufficient funds have been appropriated for fiscal year 2010-11, extension of the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Lawns and Mower LLC of Midland, MI in the amount of $12,000 for the purchase of park mowing services for the remainder of fiscal year 2010-11; and

RESOLVED FURTHER, that the purchasing agent is authorized to issue a purchase order in the amount of $30,000 for the months of July through October 2011, provided that funds are appropriated in the fiscal year 2011-12 parks budget.  (Motion ADOPTED.)

 

2011 LOCAL STREET RECONSTRUCTION

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 reconstruction and resurfacing of   Birchfield Drive, Dawn Drive and Fernside Street from Ashman to Lambros and Greenway Drive from Ashman to Sugnet and Townsend Street from Buttles to Pine; and

WHEREAS, funding for this project is provided by the Local Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2011 Local Street Reconstruction, Contract No. 2", in the indicated amount of $363,145.00, 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.)

 

MDOT CONTRACT 11-5247 – WALDO AVENUE RECONSTRUCTION

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

 

WHEREAS, a proposed Contract No. 11-5247 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the widening and reconstruction of Waldo Avenue from Salzburg Road to 3700 feet north; and

WHEREAS, the total estimated cost of the project is $1,002,000 with funding of  $451,000 from a State Category A grant, $501,000 provided by Dow Corning and $50,000 paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said road widened and reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 11-5247 once approved as to final form by the City Attorney and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

CHEMICAL FEED SYSTEMS IMPROVEMENTS, WORK CHANGE DIRECTIVE NO. 1

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

 

WHEREAS, the city began Chemical Feed Systems Improvements at the Water Treatment Plant in autumn 2009 to upgrade various 26-year-old chemical feed systems, while also updating its 10-year-old Supervisory Control and Data Acquisition system (SCADA); and

WHEREAS, the construction of the improvements is being performed by John E. Green Company of Saginaw, while the engineering construction oversight is being handled by Fishbeck, Thompson, Carr & Huber of Grand Rapids; and

WHEREAS, construction has been slow and steady, but the substantial completion milestone of November 15, 2010 was not met by the contractor, causing an increase in construction engineering oversight costs to the city; and

WHEREAS, the city, Fishbeck, and John E. Green agreed that a reduction to the construction project in the amount of the additional engineering construction oversight costs to the city, currently estimated at $28,000.00, would be sufficient to ensure the project continues to progress; and

WHEREAS, funding needs will be unchanged by the offsetting increase for construction oversight services and the reduction of the construction contract; now therefore

RESOLVED, that the City Manager is herby authorized to execute Work Change Directive No. 1 to the Water Treatment Plant Chemical Feed Systems Improvements, which will, 1) increase the existing purchase order to Fishbeck, Thompson, Carr & Huber by $28,000.00, bringing the total amount of the purchase order to $206,000.00, and 2) decrease the construction contract with John E. Green Company by $28,000.00, bringing the total contract value to $1,743,216.00, for construction oversight costs due to delays in the construction of the Chemical Feed Systems Improvements.  (Motion ADOPTED.)

 

GAS COLLECTION AND CONTROL SYSTEM PUMPS – PO INCREASE

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

 

WHEREAS, staff operates a gas collection and control system (GCCS) at the Landfill; and

WHEREAS, the primary function of the GCCS is continuous collection and destruction of gas generated by the decomposition of waste in the Landfill; and

WHEREAS, to maintain proper operation of the gas collection pipes buried in the waste, and as part of regulatory compliance, dewatering pumps were installed in the older waste areas and 15 newer gas collection wells where leachate removal pumps were necessary; and

WHEREAS, staff has identified eight additional wells requiring dewatering to improve gas flow; and

WHEREAS, to maintain continuity, the identical pumps are available from the sole source vendor, QED Environmental Systems of Ann Arbor; and

WHEREAS, sufficient funds are available for that purpose in the Landfill Fund Capital Project LF0707 – Gas Collection & Control System; now therefore

RESOLVED, that sealed proposals are hereby waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order increase is authorized to QED Environmental Systems in the amount of $22,915.00 for the supply and delivery of leachate removal pumps for the Landfill Gas Collection and Control System, bringing the approved purchase order to a total of $63,570.00; and

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

 

NEW BUSINESS

Councilman Wazbinski and Councilman Adams will conduct interviews with candidates for the Parks and Recreation Commission after May.  

 

Being no further business the meeting adjourned at 11:15 p.m.

 

 

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            Selina Tisdale, City Clerk