June 27, 2011
A regular meeting of the City Council was
held on Monday, June 27, 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 |
Approval of the minutes of the June 13, 2011
regular meeting was offered by Councilman Adams and seconded by Councilman Brooks. (Motion ADOPTED.)
Paul Milholland, Director of Golf
Operations, Currie Municipal Golf Course, introduced an amendment to the
2011-12 Golf Course Fund budget to increase capital expenditures for building
and course modifications to the Currie Golf Course Complex and equipment
purchases for the maintenance thereof. A
public hearing opened at 7:06 p.m. Ray
Senesac, 1401 Harwood Court, expressed concern about Currie Golf Course’s
long-term plan to possibly construct a banquet hall at the golf course. The public hearing closed at 7:25 p.m. The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, in accord with sections 5.11, 11.4, 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, June 27, 2011, on the proposal to amend
the 2011-12 Golf Course Fund Budget by increasing capital expenditure in the
amount of $681,666, now therefore
RESOLVED, that the
2011-12 Golf Course Fund Budget is hereby amended to increase capital expenses
by $681,666 at Currie Golf Course.
(Motion ADOPTED.)
No public comments
were made.
Utilities Director Noel Bush presented
information on an ordinance amending Sec. 28-52 of Division 3 of Article II of
Chapter 28 – Water Rates. The following
ordinance amendment was then offered by Councilman Wazbinski and seconded by
Councilman Adams:
ORDINANCE NO. 1716
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: $1.25
(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” |
$33.44 |
|
|
1" |
$43.47 |
|
|
1-
1/2" |
$53.51 |
|
|
2" |
$86.95 |
|
|
3" |
$334.41 |
|
|
4" |
$434.74 |
|
|
6" |
$635.38 |
|
|
8" |
$902.92 |
|
(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, 2011. (Ordinance
ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 303 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. 303, contingent upon the following:
1. The
storm water detention system is 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.
5. All
parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be
delineated by the “box” style striping.
(Motion
ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the City of Midland
desires to widen the westbound lane of Patrick Road and the southbound lane of
Waldo Avenue to create right turn lanes at this intersection and additional
road right-of-way is required to widen said intersection; now therefore
RESOLVED, that the attached Quitclaim Deed from The Dow Chemical
Company, for the widening of the west side of Waldo Avenue north of Patrick
Road, in Section 14, T. 14 N., R. 2 E., is hereby accepted and that the
Quitclaim Deed is ordered recorded; and
RESOLVED FURTHER, that the attached Quitclaim Deed from Dorinco
Reinsurance Company, for the widening of the north side of Patrick Road east of
Waldo Avenue, in Section 13, T. 14 N., R. 2 E., is hereby accepted and that the
Quitclaim Deed is ordered recorded. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the Governmental Accounting Standards Board
(GASB) has issued GASB Statement No. 54, Fund
Balance Reporting and Governmental Fund Type Definitions, which requires
governmental units to change the presentation of the components of fund balance
as reported in its annual financial audit; and
WHEREAS, the City of Midland is required to implement Statement No. 54
for the fiscal year ending June 30, 2011; and
WHEREAS, certain action is required by City Council in order to formally
commit certain components of fund balance so that they may be reported
consistent with the proper intent; now therefore
RESOLVED, that for the City’s fiscal year ending June 30, 2011, the
General Fund’s fund balance shall include $1,202,239 as a Committed Fund
Balance for Future Year Expenditures, shall include $1,500,000 as a Committed
Fund Balance for Contingencies, and shall include an amount to be determined by
the City’s Director of Fiscal Services as Assigned Fund Balance for
Encumbrances. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Mary Ann Woodbury and Lucille Cronin are hereby appointed as citizen-at-large members of the Library Board for terms expiring June 30, 2014. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Lowell McLaughlin is hereby appointed as a citizen-at-large member of the Planning Commission for a term expiring June 30, 2013. (Motion ADOPTED.)
Downtown Development Authority Executive
Director Selina Tisdale introduced a request to conduct a concert in
Chippewassee Park on August 7, 2011.
Doug Clark, Petitioner and President of the Bay City Fireworks Festival,
spoke regarding the event. The following
resolution was then offered by Councilman Wazbinski and seconded by Councilman
Adams:
RESOLVED, that the request from the Bay City Fireworks Festival to hold
a concert on Sunday, August 7, 2011, in Chippewassee Park, utilizing amplified
sound, charging a fee and having a beer tent, is hereby approved subject to the
following conditions:
(Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that the request from the Salvation Army to hold their annual SHARE Show from 12:00 – 2:00 p.m. on Wednesday, August 10, 2011, utilizing amplified sound and the public right-of-way in the area near the Farmers Market, is hereby approved subject to the following conditions:
;and
RESOLVED FURTHER, that the
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 installation of southbound and westbound right turn
lanes and traffic signal replacement at the intersection of Patrick Road and
Waldo Avenue; and
WHEREAS, funding for this project is provided by the Major Street Fund
and an Economic Development Grant from MDOT; now therefore
RESOLVED, that the low sealed proposal submitted by Shaw Contracting
Company, Inc. of Bay City, Michigan, for the "2011 Patrick at Waldo
Intersection Improvements; Contract No.
8", in the indicated amount of $173,385.58, 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 Adams and seconded by Councilman Brooks:
WHEREAS, the Dow Corning Corporation desires to construct an overhead
bridge/truss structure, for steam and condensate lines and a separate
electrical cable, that crosses Waldo Avenue and provides a utility corridor
connection with the proposed Cirque Energy biomass energy plant; and
WHEREAS, Dow Corning has designed said bridge structure and electrical cable to comply with City and
Consumers Energy requirements; now therefore
RESOLVED, that the attached proposed License Agreement between the City
of Midland and Dow Corning Corporation for the purpose of installing and
maintaining pipelines and bridge/truss structure and a separate electrical
cable across the right of way of Waldo Avenue, approximately 2700 feet north of
Salzburg Street, is hereby approved in accordance with Section 22 of the Code
of Ordinances and the Mayor and City Clerk are authorized to execute said
license agreement on behalf of the City of Midland once approved as to final
form by the City Attorney. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the City of Midland Landfill
Gas-To-Energy (GTE) system is now operational, and one of two generators is
running at 65% or 1.0 megawatt of its 1.6 megawatt capacity; and
WHEREAS, the GTE system will convert waste
landfill gas, combined with wastewater digester methane, to usable and
marketable energy for the City of Midland; and
WHEREAS, in May, Council authorized an Energy
Purchase Agreement between the City of Midland and The Dow Chemical Company
that will allow for the sale of electric energy and renewable energy credits
generated by the city’s new GTE system; and
WHEREAS, in order to adequately report
generator energy output, Consumers Energy Company (Consumers) requires billing
quality metering equipment to be installed at the electric generation facility;
and
WHEREAS, also in May, Council authorized a
purchase order to Newkirk Electric Associates,
Inc. of Muskegon in the amount of $24,693.00 for the installation of a
new meter cabinet and associated wiring; and
WHEREAS, the metering equipment has been
installed, and Consumers has billed the city for the billing quality metering
equipment and installation costs; and
WHEREAS, funds are available in the GTE project; now therefore
RESOLVED, that sealed proposals are hereby
waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and
authorization is given for a purchase order to Consumers Energy Company in the
amount of $33,500.00, for capital charges associated with metering equipment at
the city’s new electric generation facility.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, on January 10, 2011, sealed
proposals were received and opened for Contractual Services, Bid No. 3308, and
Lang Construction, Inc. of Flint was selected to provide restoration repairs to
streets, sidewalks, and out lawns due to the damages caused by main breaks and
associated repairs for calendar year 2011; and
WHEREAS, a purchase order was
administratively approved in the amount of $20,000.00 to Lang based on the unit
prices accepted in January, and Council subsequently approved an increase of
$25,000.00 in May, based on our expectations for restoration work being
completed by the end of this fiscal year, bringing the purchase order total to
$45,000.00; and
WHEREAS, due to more work being completed in
a shorter period of time, it is necessary to increase the existing purchase
order with Lang so that the charges for restoration repairs made in June can be
appropriately applied to the current fiscal year budget; and
WHEREAS, funding has been made available for
this purpose in the 2010/11 Water Fund account #591.8285.93.036 – Repairs &
Maintenance; now therefore
RESOLVED, an increase of $30,000.00 to an
existing purchase order of $45,000.00 to Lang Construction is hereby
authorized, bringing the total purchase order to $75,000.00 for restoration
repair work, based on previously bid unit prices. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, each year, concrete from construction sites and street reconstructions is brought to the Landfill, piled, and then crushed to be utilized on-site for road construction, bank stabilization, and erosion control; and
WHEREAS, sealed bids for Concrete Crushing, Bid No. 3343, were advertised and received in accord with Section 2-18 of the Midland Code of Ordinances, and the low bid proposal submitted by Briggs Contracting of Sanford, at a per ton rate of $5.43 for an estimated 4,000 tons for a total cost of $21,720.00; and
WHEREAS, sufficient funds are available in the 2010/11 Landfill Fund Account #517.8110.81.099 – Miscellaneous Contractual Services; now therefore
RESOLVED, that a purchase order is authorized to Briggs Contracting for $21,720.00 for concrete crushing services; and
RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals -
Hydrofluosilicic Acid, Bid No. 3338, for a period of one year beginning July 1,
2011, have been advertised and received in accord with Section 2-18 of the
Midland Code of Ordinances; and
WHEREAS, purchases of Hydrofluosilicic Acid will be made in the 2011/12
fiscal year Water Fund Account #591.13.030 – Inventories Chemicals; now
therefore
RESOLVED, that the low sealed proposal submitted by Mosaic Corp of
Lithia, Florida, for the indicated price per ton of $575.00, for up to 92 tons
of Hydrofluosilicic Acid for a period of one year beginning July 1, 2011, with
the option of up to two, one-year price extensions, at an annual amount of $52,900.00, 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 $10,000.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals -
WHEREAS, purchases of
RESOLVED, that the low sealed proposal submitted by Western Lime of
West Bend, Wisconsin, for the indicated price per ton of $128.00, 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 $20,000.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Ferric
Chloride, Bid No. 3338, for a period of one year beginning July 1, 2011, have
been advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS, purchase of Ferric Chloride (FeCl3) will be made
available in Water Fund Account #591.13.030 – Inventories Chemicals and in
Wastewater Fund Account #590.13.030 – Inventories Chemicals; now therefore
RESOLVED, that the low sealed proposal submitted by PVS Technologies,
Inc. of Detroit, for the indicated price per ton of $408.00 for up to 500 tons
(250 each for the Water and Wastewater Treatment Plants), at a total aggregate
contract amount not to exceed $204,000.00, for a period of one year beginning
July 1, 2011, 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 $15,000.00 for each purchase
order. (Motion ADOPTED.)
Assistant City Manager for Human Resources
Paula Whittington introduced the Midland Municipal Supervisory Employees
Association Labor Contract. The
following resolution was then offered by Councilman Brooks 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 Municipal Supervisory Employees Association for labor
contract changes effective July 1, 2011 and expiring June 30, 2014; 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.)
Assistant City Manager for Human Resources
Paula Whittington introduced the Midland Municipal Employees Association Labor Contract. 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 Municipal Employees Association for labor contract
changes effective July 1, 2011 and expiring June 30, 2014; 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 Adams and seconded by Councilman Brooks:
WHEREAS, 5 of the Toro Field Controllers of the Currie West golf course
irrigation system were damaged by flooding and need to be replaced; and
WHEREAS, the controllers are proprietary to the existing Toro
irrigation system and Spartan Distributors of Auburn Hills, Michigan is the
sole provider of the Toro irrigation components; and
WHEREAS, an insurance claim was filed with the City’s insurance carrier
and a check in the replacement amount has been received by the City; now
therefore
RESOLVED, that in accord with Section 2-18 of the Code of Ordinances of
the City of Midland, sealed proposals are deemed impractical due to there being
a sole provider of the required irrigation system components, and the proposal
submitted by Spartan Distributors of Auburn Hills, Michigan in the amount of
$23,920.71 for the replacement of 5 damaged field controllers is hereby
accepted and a purchase order authorized.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the City Manager has presented his
report to the City Council presenting certain information regarding the
improvement of a certain street in the City of Midland in conformance with
provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said
street being:
TIBBS
STREET from Wexford
Street to end of street
; and
WHEREAS, the City
Council has reviewed said report in order to decide the cost, extent and
necessity of the proposed improvement; now therefore
RESOLVED, that the
Council finds and determines that the construction of said street, as before
listed, appears to be a necessary public improvement conducive to the general
health, convenience and welfare of the people of the City of Midland and that
the estimated period of usefulness of said improvement is twenty (20) years;
and
RESOLVED FURTHER,
that said public improvement shall constitute one special assessment district
to be known as:
“2011 TIBBS STREET IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT”
which is hereby
established and that said district comprises the following described lands and
premises:
TIBBS STREET
from Wexford Street to end of street
Lots 8 thru 12 of
Block 22 and the vacated 20’ alley lying South of Lot 12 and Lots 1 thru 5 of
Block 25 and the vacated 20’ alley lying South of Lot 5, all in The Dow Chemical
Company’s Addition No. 1, in Section 22, T. 14 N., R. 2 E., City of Midland,
Midland County, Michigan; and
RESOLVED FURTHER,
that the proposed improvement and work to be done thereunder in said District
shall consist of excavating or filling to grade, installing curb & gutter,
aggregate base, storm sewers, drainage structures and an all weather surface,
and that the total estimated cost and expense thereof is sixty-two thousand
dollars ($62,000.00); and
RESOLVED FURTHER,
that the proportion of the cost and expense of said improvement to be borne and
paid for by the City at large shall be six thousand one and 68/100 dollars
($6,001.68) and that all other costs and expenses of said improvement amounting
to fifty-five thousand nine hundred ninety-eight and 32/100 dollars
($55,998.32) shall be borne and paid by special assessments on all lands and
premises in said Special Assessment District as established above, in
proportion to the estimated benefits resulting thereto from the improvement,
determined as near as practicable on a front foot basis; and
RESOLVED FURTHER,
that the report concerning said improvement is hereby adopted and shall be
placed on file in the office of the City Clerk, and the same shall be available
for public inspection during regular business hours; and
RESOLVED FURTHER,
that the City Council will meet in the City Hall in said City on Monday, July
18, 2011 at 7:00 p.m., then and there to hear any objections or suggestions on
the proposed improvement; and
RESOLVED FURTHER,
that the City Clerk shall give notice of said hearing of necessity by causing a
notice of this resolution to be published once in the Midland Daily News at
least one week prior to said hearing date, and that the City Clerk shall also
give notice of said hearing date to each property owner subject to special
assessment by reason of said improvement, the addresses of said property owners
to be taken from the latest tax assessment roll in the City Assessor’s office
in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion ADOPTED.)
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., Monday, July 18, 2011, in the Council Chambers of City Hall on the proposal to amend the 2011-12 fiscal year budgets and working plans of the City’s various funds in order to provide funding for June 30, 2011 encumbrances, and the City Clerk shall provide notice as provided in Section 5.11 of the Charter of the City of Midland. (Motion ADOPTED.)
Being no further business the meeting
adjourned at 8:00 p.m.
______________________________________
Selina
Tisdale, City