July 18, 2011

 

A regular meeting of the City Council was held on Monday, July 18, 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

 

Tina Van Dam, Chair of the Midland-Handa Sister City Committee, spoke regarding the program and introduced the Midland students traveling to Japan as part of Midland’s Sister City Exchange Program.

 

MINUTES

Approval of the minutes of the June 27, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

ZONING PETITION NO. 574

Planning and Community Development Director Keith Baker presented Zoning Petition No. 574 to rezone the property located at 204 Commerce Drive from Larkin Township zoning to Residential A-2 and Residential A-4 zoning.  A public hearing opened at 7:20 p.m., recognizing no public comments, the hearing closed at 7:20 p.m.   The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brooks:

 

ORDINANCE NO. 1717

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-2 AND RESIDENTIAL A-4 ZONING WHERE A LARKIN TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PARCEL 1:

PART OF THE SOUTH ½ OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 28, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MI. DESCRIBED AS; BEGINNING ON THE EAST LINE OF SAID SECTION 28 N 00 DEG 01 MIN 10 SEC W 234.0 FT. FROM THE SOUTHEAST SECTION CORNER; THENCE N 00 DEG 01 MIN 10 SEC W 425.82 FT. ALONG THE EAST SECTION LINE; THENCE S 89 DEG 49 MIN 52 SEC W 1422.6 FT.; THENCE S 00 DEG 01 MIN 10 SEC E 619.73 FT.; THENCE ALONG A 870.0 FT. RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEG 56 MIN 37 SEC AND A CHORD BEARING AND DISTANCE OF 88 DEG 52 MIN 59 SEC E 29.51 FT. ALONG THE NORTHERLY RIGHT OF WAY OF COMMERCE DRIVE; THENCE N 89 DEG 51 MIN 18 SEC E 930.59 FT. ALONG THE NORTH RIGHT OF WAY OF COMMERCE DRIVE; THENCE N 00 DEG 01 MIN 10 SEC W 194.0 FT.; THENCE N 89 DEG 51 MIN 18 SEC E 462.5 FT. PARALLEL TO THE SOUTH SECTION LINE TO THE PLACE OF BEGINNING.  CONTAINING 18.17 ACRES MORE OR LESS.  SUBJECT TO JEFFERSON ROAD RIGHT OF WAY AND ANY OTHER EASEMENTS OF RECORD.

PARCEL 2:

PART OF THE SOUTH ½ OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 28, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MI. DESCRIBED AS; BEGINNING ON THE SOUTH LINE OF SAID SECTION 28 S 89 DEG 51 MIN 18 SEC W 1653.77 FT. FROM THE SOUTHEAST SECTION CORNER; THENCE S 89 DEG 51 MIN 18 SEC W 979.76 FT, ALONG THE SOUTH SECTION LINE; THENCE N 00 DEG 07 MIN 12 SEC E 658.73 FT. ALONG THE NORTH AND SOUTH ¼ LINE; THENCE N 89 DEG 49 MIN 52 SEC E 1209.33 FT; THENCE S 00 DEG 01 MIN 10 SEC E 619.73 FT.; THENCE ALONG A 870.0 FT. RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15 DEG 29 MIN 53 SEC AND A CHORD BEARING AND DISTANCE OF S 80 DEG 09 MIN 44 SEC W 234.61 FT. ALONG THE NORTHERLY RIGHT OF WAY OF COMMERCE DRIVE TO THE PLACE OF BEGINNING.  CONTAINING 18.17 ACRES MORE OR LESS.  SUBJECT TO ANY EASEMENTS OF RECORD.

Be, and the same is hereby changed to Parcel 1 – Residential A-2 and Parcel – 2 – Residential A-4. 

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

2011 TIBBS STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

City Engineer Brian McManus presented information on the 2011 Tibbs Street Improvement Special Assessment District Hearing of Necessity.  A public hearing opened at 7:24 p.m., recognizing no public comments, the hearing closed at 7:24 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated June 27, 2011, said street being:

            TIBBS STREET             from Wexford Street to end of street

and has heretofore established one special assessment district designated:

 “2011 TIBBS STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, July 18, 2011, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; 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 improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Tibbs Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of sixty-two thousand dollars ($62,000.00) and the proportion of the cost and expense to be borne and paid 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 assessment on all lands and premises in said “2011 Tibbs Street Improvement Special Assessment District” heretofore established and approved; 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 the:

 “2011 TIBBS STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2011-12 CITY BUDGETS & FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented information on an amendment to the 2011-12 City budgets and financial working plans to provide funding for June 30, 2011 encumbrances.  A public hearing opened at 7:34 p.m., recognizing no public comments, the hearing closed at 7:34 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

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 Monday, July 18, 2011, on the proposal to amend the budgets and financial working plans of the City’s various funds for the 2011-2012 fiscal year in order to provide funding for June 30, 2011 encumbrances; now therefore

RESOLVED, that the Director of Fiscal Services shall be authorized to encumber into the 2011-12 budgets and financial working plans of the various City funds items requested by staff provided that:  1) there is sufficient remaining budget in 2010-11, 2) each item has previous City Council budgetary approval to be spent for the purpose for which it is being requested to be encumbered, 3) the intent to spend the funds for the purpose in which it was originally approved still exists, and 4) periodic costs, such as supplies and other charges which get budgeted for each year are deemed to be non-recurring or necessary to offset unexpected adverse conditions in the upcoming year; and

RESOLVED FURTHER, that an explanation of amounts encumbered, by fund, will be provided to City Council in the quarterly financial report for the period ending September 30, 2011.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Ziggy Kozicki, 27 Burrell Court, spoke regarding the recycling program and the more limiting collection schedule, provided several suggestions for overcoming full recycling bins and encouraged the city to continue exploring new opportunities. 

 

COMPREHENSIVE ANNUAL FINANCIAL REPORT & SINGLE AUDIT REPORT

Fiscal Services Director David Keenan introduced David Youngstrom, CPA, Yeo and Yeo, who presented the Comprehensive Annual Financial Report and Single Audit Report for the year ended June 30, 2010.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2010 is hereby received and ordered filed for public examination.  (Motion ADOPTED.)

 

SITE PLAN NO. 302 – AIRGAS GREAT LAKES, INC.

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 302, the request of Airgas Great Lakes, Inc. for a new 12,936 square foot facility located at 2300 South Saginaw Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 302 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. 302, 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.

      6.   The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      7.   All irrigation systems will comply with the City of Midland Water Department specifications.

      8.   That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02 (E) (2) of the Zoning Ordinance.

(Motion ADOPTED.)

 

SITE PLAN NO. 304 – MSARI HOLDINGS, LLC.

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 304, the request of MSARI Holdings, LLC for a  3,920 square foot addition located at 1905 Mark Putnam Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 304 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. 304, 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.   A soil erosion and sedimentation control plan is submitted for review prior to permitting in compliance with Section 3.11.

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

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

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

      6.   The additional driveway will comply with Section 3.10D of the Zoning Ordinance.

      7.   The barrier free parking stall dimensions shall be corrected and striped appropriately.

      8.   Sidewalk requirements are waived for this site.

(Motion ADOPTED.)

 

PINEHAVEN ESTATES PRELIMINARY PLAT – TENTATIVE APPROVAL

Planning and Community Development Director Keith Baker presented a resolution giving Tentative and Final approval to the preliminary plat of Pinehaven Estates, a residential subdivision of 14 lots on 12.02 acres east of Foster Road and north of Wheeler Street.  Councilman Wazbinski moved, seconded by Councilman Adams to remove the words “and final” from the resolution as presented.  The following amended resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Pinehaven Estates; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby gives tentative approval to the Preliminary Plat of Pinehaven Estates, contingent upon the following conditions:

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.     The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

(Motion ADOPTED.)

 

PINEHAVEN ESTATES PRELIMINARY PLAT – FINAL APPROVAL

Councilman Wazbinski moved, seconded by Councilman Brooks to remove the words “tentative and” from the original resolution as presented.  The following amended resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Pinehaven Estates; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby gives final approval to the Preliminary Plat of Pinehaven Estates, contingent upon the following conditions:

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.     The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

(Motion ADOPTED.)

 

MIDLAND AREA COMMUNITY FOUNDATION-SENIOR HOUSING IMPROVEMENT GRANT

Planning and Community Development Director Keith Baker presented information on a grant in the amount of $11,689.13 from the Midland Area Community Foundation Senior Housing Improvement Fund to be used toward the installation of new electronic components to the intercom/emergency medical pull cord system at Washington Woods.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the Midland Area Community Foundation maintains the Senior Housing Improvement Fund for the express purpose of benefiting the Riverside Place and Washington Woods senior housing communities of the City of Midland; and

WHEREAS, Washington Woods senior housing community has applied for and been awarded funds in the amount of $11,689.13 for the replacement of electronic components to the intercom/emergency medical pull cord system; and

WHEREAS, it is necessary to properly record and account the additional revenue in the amount of $11,689.13 and corresponding expense of $11,689.13; now therefore

RESOLVED, that the Midland City Council hereby acknowledges receipt of and expresses its appreciation for the grant in the amount of $11,689.13 from the Midland Area Community Foundation Senior Housing Improvement Fund to the City of Midland Washington Woods senior housing community.  (Motion ADOPTED.)

 

RAY’S BIKE SHOP – SURREY RENTAL WAGON REQUEST

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

 

RESOLVED, that the request from Joe Oberloier, owner of Ray’s Bike Shop, to park his surrey rental wagon near the Rail Trail, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • The wagon must remain on the Farmers Market side of the Tridge and may not be on park property.
  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be provided to the City Manager’s Office no less than five days prior to the start of the rental business.
  • The specific location of the wagon may need to be moved, if necessary.

; and

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

 

CULDESTOCK EVENT REQUEST

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

 

RESOLVED, that the request from Carey Limberg of Temporary Kicks Entertainment, to conduct an event called Culdestock on Wednesday, August 24, 2011, from 3:00 – 10:00 p.m., in the Farmers Market area, utilizing the public right-of-way and amplified sound, is hereby approved subject to the following conditions:

  • The organizer must contact Karen Murphy, Director of Public Services, at 837-6909 to discuss electrical requirements.
  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five days prior to the event.
  • Set-up cannot begin before 1:00 p.m.
  • The organizer is responsible for leaving the area as clean as it was when they arrived.

; and

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

 

DIESEL FUEL PURCHASE

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

 

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 11,996 gallons of regular #2 diesel fuel from Karbowski Oil of Bay City, Michigan for $37,961.35 executed by the Purchasing Agent on June 20, 2011, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,402 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $37,445.19 executed by the Purchasing Agent on June 28, 2011, is hereby approved.  (Motion ADOPTED.)

 

ELECTRONIC ONLINE SERVICES & MATERIALS – LIBRARY

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

WHEREAS, Gale of Farmington Hills, MI is the sole vendor of the electronic online services and materials that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2011/2012 Grace A. Dow Memorial Library budget; 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 purchase of electronic online services and materials from Gale is hereby approved in an amount not to exceed $50,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

ELECTRONIC ONLINE SERVICES & STAFF TRAINING - LIBRARY

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

 

WHEREAS, the Midwest Collaborative for Library Services is the sole vendor of group licensing of selected electronic online services and staff training not available through other organizations; and

WHEREAS, funding is available in the 2011/2012 Grace A. Dow Memorial Library budget; 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 purchase of electronic online services and staff training from the Midwest Collaborative for Library Services is hereby approved in an amount not to exceed $50,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

AUTOMATION SERVICES - LIBRARY

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

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; and

WHEREAS, funding is available in the 2011/2012 Grace A. Dow Memorial Library budget; 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 purchase of the Library’s 2011/2012 requirements for online automation services, including membership, staff training, system upgrades, and records database maintenance for the automated acquisition, catalog, and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $77,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

PHASE III PIPE & VALVE REPLACEMENT CONTRACT – CHANGE ORDER NO. 1

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

 

WHEREAS, on November 30, 2010 bids were opened for Wastewater Treatment Plant Pipe and Valve Replacement Phase III, Bid No. 3294; and

WHEREAS, the low bid was submitted by John E. Green of Saginaw in the amount of $592,800.00, and detailed the necessary replacements of piping and valves, and refurbishments of the east and west sides of the west plant; and

WHEREAS, funding was not sufficient to complete all the work outlined in the bid, and it was necessary to remove two line items totaling $254,600.00 until funding could be made available; and 

WHEREAS, the remaining funding to complete the original Phase III improvements bid has been budgeted in fiscal year 2011/12 for Project WW1101 – Phase III Pipe and Valve Replacement; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 in the amount of $254,600.00, for Phase III improvement items removed from the original bid, thereby increasing the total amount of the contract with John E. Green to $592,800.00.  (Motion ADOPTED.)

 

LAND APPLICATION OF BIOSOLIDS – WASTEWATER

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

 

WHEREAS, in 1985, the City began utilizing the biosolids disposal technique of Land Application as the most cost effective and environmentally sound alternative available; and

WHEREAS, on May 24, 2011 sealed bids for Bid No. 3333, Biosolids Land Application for a three-year period beginning July 1, has been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid received by BioTech Agronomics of Beulah, at a price of $0.030 per gallon, based on the removal and disposal services of 3,000,000 gallons of biosolids per year, is acceptable; and

WHEREAS, funding has been budgeted in the 2011/12 Wastewater Fund account #590.8144.81.092 - Sludge Hauling; now therefore

RESOLVED, that the low sealed bid submitted by BioTech Agronomics for the indicated price per gallon of biosolids of $0.030, for up to 3,000,000 gallons per year for three years, at a total annual amount of $90,000.00, is hereby accepted and purchase orders are authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase orders in an amount not to exceed $10,000.00 in each year of the agreement.  (Motion ADOPTED.)

 

JANITORIAL SERVICE AGREEMENT – WATER PLANT

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

 

WHEREAS, the Water Treatment Plant (WTP) has over 100,000 square feet of floor space that is cleaned and maintained, including open and treatment areas of the plant, office spaces, the laboratory, shop area, locker rooms, and restrooms; and

WHEREAS, for the past 17 years WTP staff has been pleased with the reliability, commitment, and cost-effective service that the Arnold Center of Midland employees have provided, and would like to continue that business relationship; and

WHEREAS, the new rate requested is $2,449.00 per month for a total annual cost of $29,388.00, which represents a 3.0% increase over the prior year; and

WHEREAS, funds are available for said purpose in the 2011/12 Water Fund account #591.8272.93.004 - Janitorial Service; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the service agreement, as prepared by the City Attorney, with the Arnold Center of Midland, for janitorial services at the City of Midland Water Treatment Plant, for a total annual amount not to exceed $29,388.00, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland.  (Motion ADOPTED.)

 

PROPOSED 2011-12 GENERAL FUND BUDGET AMENDMENT – FIRE EQUIPMENT

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

 

WHEREAS, The Charles J. Strosacker Foundation has awarded a donation to the City in the amount of  $22,141 to replace and re-equip the City of Midland Fire Department's water and ice rescue equipment; and

WHEREAS, the Rollin M. Gerstacker Foundation has awarded a donation to the City in the amount of $20,751 towards the replacement of water and ice rescue equipment as well; now therefore

RESOLVED, that the City of Midland graciously accepts the generous donations totaling $42,892 from the foundations; and

RESOLVED FURTHER, 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., August 8, 2011 in the Council Chambers of City Hall on the proposal to amend the 2011-12 General Fund budget to increase revenues to recognize these gifts totaling $42,892 from The Charles J. Strosacker Foundation and the Rollin M. Gerstacker Foundation for replacing and re-equipping the Fire Department's water and ice rescue equipment and to increase expenditures by $42,892 to allow for the purchase of the equipment.  (Motion ADOPTED.)

 

POLICE OFFICERS ASSOCIATION LABOR AGREEMENT

Assistant City Manager for Human Resources Paula Whittington presented information on the Labor Agreement between the City of Midland and the Midland Police Officers Association.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

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 Officers 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.)

 

Being no further business the meeting adjourned at 8:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk