August 8, 2011
A regular meeting of the City Council was
held on Monday, August 8, 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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker,
Marty Wazbinski |
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Councilmen absent: |
Fourth Ward Vacant |
Approval of the minutes of the July 22, 2011
special and July 25, 2011 special and regular meetings was offered by Councilman
Wazbinski and seconded by Councilman Adams.
(Motion ADOPTED.)
Midland Fire Chief Leonardo Garcia presented
information on an amendment to the 2011-12 General Fund Revenue budget to
recognize grants from the Charles J. Strosacker
Foundation and the Rollin M. Gerstacker Foundation to
replace and re-equip the Fire Department’s Water and Ice Rescue Program
equipment. Fire Truck Operator Chris Lince spoke regarding specifications of the purchase. A public hearing opened at 7:10 p.m.,
recognizing no comments, the hearing closed at 7:10 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, that in accord with Section 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, August 8, 2011, on the
proposal to amend the 2011-12 General Fund budget to recognize gifts from the
Charles J. Strosacker Foundation and the Rollin M. Gerstacker Foundation totaling
$42,892 for replacement of the Fire Department's water and ice rescue equipment
and to increase expenditures by $42,892 to allow for the purchase of this
equipment; now therefore
RESOLVED, that the 2011-12 General Fund
budget is hereby amended to increase revenue by $42,892 to recognize gifts from
the Charles J. Strosacker Foundation and the Rollin M. Gerstacker Foundation
and to increase expenditures by $42,892 to allow for the purchase of water and
ice rescue equipment. (Motion ADOPTED.)
City Assessor Reid Duford presented
information on the 2011 Tibbs Street Improvement
Special Assessment District Special Assessment Roll. A public hearing opened at 7:14 p.m.,
recognizing no comments, the hearing closed at 7:14 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brooks:
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 certain street improvements on the "2011 TIBBS STREET 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 $55,998.32 and that the total estimated cost of said improvements is $62,000, and the City at large cost is $6,001.68, to be paid in full by the Arnold Center; and
RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2012, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; 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 Council; and
RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 1.5 percent; and
RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest. (Motion ADOPTED.)
City Assessor Reid Duford presented
information on a request from Better Grounds, LLC to expand the “Better Grounds
Obsolete Property Rehabilitation District No. 1”. A public hearing opened at 7:18 p.m.,
recognizing no comments, the hearing closed at 7:18 p.m. The following resolution was then offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, Better Grounds, LLC, by means of a
letter dated July 19, 2011 which was received by the City Clerk on July 19, 2011,
has requested the expansion of the Better Grounds Obsolete Property
Rehabilitation District No. 1 with the proposed district being described as
follows:
NW 40 FT OF LOT 3 BLK 12 EXC SW 20 FT OF NW
20 FT ORIGINAL PLAT OF MIDLAND and,
SW 20 FT OF LOT 4 & SW 20 FT OF NW 20 FT
OF LOT 3 BLK 12 ORIGINAL PLAT OF MIDLAND and,
NE 1 FT OF SW 100 FT OF LOTS 5 & 6 BLK
12 ORIGINAL PLAT OF MIDLAND and,
NW 100 FT OF NE 20 FT OF LOTS 5 & 6 BLK
12 ORIG PLAT OF MIDLAND and,
NE 100 FT OF SE 30 FT OF LOT 4 BLK 12
ORIGINAL PLAT OF MIDLAND and,
PART OF LOTS 5 AND 6, BLOCK 12, ORIGINAL
PLAT OF MIDLAND CITY, BEGINNING AT A POINT THAT IS S 45D 13MIN 44S W ALONG THE
NW’LY LINE OF SAID BLOCK 12, 141 FT FROM THE NW CORNER OF SAID BLOCK 12; THENCE
S 44D 58MIN 01 S E, 111.67 FT; THENCE S 45D 13MIN 44 S W 23.33 FT; THENCE N
44DEG 58M 01S WEST, 111.67 FT; THENCE N 45D 13M 44S EAST 23.33 FT TO POB (PART OF 14-16-50-496, 124 MCDONALD STREET,
MIDLAND, MI, 48642)
; and
WHEREAS, Better Grounds, LLC is the property
owner of more than 50% of the taxable value within the proposed district; and
WHEREAS,
the request to expand the existing district is in connection with a proposed
future rehabilitated facility, the construction, acquisition, alteration or
installation of which has not commenced at the time the request was filed; and
WHEREAS, the City Council of the City of
Midland has caused written notice by certified mail to be sent to the owners of
all real property within the proposed Obsolete Property Rehabilitation District
and has held a public hearing on August 8, 2011 to afford the owner and any
other resident or taxpayer of the City of Midland an opportunity to be heard on
the petition of Better Grounds, LLC for the expansion of this Obsolete Property
Rehabilitation District; now therefore
RESOLVED, that it appears and it is hereby
determined that the applicable criteria contained in Public Act 146 of the
Public Acts of the State of Michigan of 2000 have been met; and
RESOLVED FURTHER,
that the above-described property is hereby established as Better Grounds
Obsolete Property Rehabilitation District No. 1 within the meaning of said
Public Act 146. (Motion ADOPTED.)
Assistant City Manager Jack Duso presented
information on an amendment to the 2011-12 Civic Arena Fund budget to increase
revenue and expenditures in the amount of $20,000 to recognize grants received
from The Herbert H. and Grace A. Dow Foundation and the Rollin M. Gerstacker Foundation. A public hearing opened at 7:20
p.m., recognizing no comments, the hearing closed at 7:20 p.m. The following resolution was then offered by
Councilman Brooks 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, August 8, 2011,
on the proposal to amend the 2011-12 Civic Arena Fund budget by increasing
revenue and expenditures in the amount of $20,000; now therefore
RESOLVED,
that the 2011-12 Civic Arena Fund budget is hereby amended to increase revenue
and expenditures by $20,000. (Motion
ADOPTED.)
No public comments were made.
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the City
Council has received the recommendation of the City
WHEREAS, the City
Council has reviewed the proposed Site Plan No. 305 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. 305, 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.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the City of Midland desires to
enter into a contract for the sale of a house at 1005 Mill Street in the City
of Midland; and
WHEREAS, an agreement to purchase said
property, dated July 21, 2011, was submitted by Keith P. Shattuck in the amount
of $49,000.00; now therefore
RESOLVED, that all terms and conditions of
the attached purchase agreement are hereby approved; and
RESOLVED FURTHER, that the requirement of
sealed proposals for sale of said property is hereby waived as being
impractical and unwarranted; and
RESOLVED FURTHER,
that the Mayor and City Clerk are hereby authorized and directed to execute a
warranty deed for the sale of this property on behalf of the City. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the 2011-12 Community Development
Block Grant budget provides funds to Midland Area Homes, the Council on
Domestic Violence and Sexual Assault (Shelterhouse),
Safe & Sound Child Advocacy Center, Safe Haven Outreach Center, Cleveland
Manor, West Midland Family Center, the Reece Community Living Endeavor, Legal
Services of Eastern Michigan, Washington Woods Senior Living Community and the
City of Midland Parks and Recreation Department, for the purpose of providing
specific services to low- and moderate-income individuals and families; and
WHEREAS, the conditions for providing such
funds require entering into a Subrecipient Agreement with these organizations
to ensure the provision of these services to low- and moderate-income
households; now therefore
RESOLVED, that the Mayor and City Clerk are
authorized to execute said agreements on behalf of the City. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, New World Systems annual software
maintenance and support services are due for renewal; and
WHEREAS, software maintenance and support is
directly provided by the manufacturer and is considered sole source; and
WHEREAS, sufficient funding exists in the
Information Services Operations Fund, and its 2011-12 budget includes
sufficient appropriations to pay the 2011-12 expenditures; now therefore
RESOLVED,
that the
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised and received in accordance
with Article II of Chapter 2 of the Midland Code of Ordinances for Bid No.
3350, “Emerald Ash Borer Treatment”; and
WHEREAS, funding for such treatment is included in the 2011-2012 Parks
budget; now therefore
RESOLVED, that the Purchasing Agent is hereby authorized to issue
purchase orders to TruGreen of Freeland, MI in the
amount of $48,716.00, and Pure Green of Lansing, MI in the amount of $15,140.00
for the treatment of ash trees in the city rights-of-way in accordance with the
proposal and City specifications.
(Motion ADOPTED.)
Department of Public Services Director Karen
Murphy presented information on the purchase of a Fire Aerial Tower Truck. Midland Fire Chief Leonardo Garcia detailed
the proposed purchase along with Fire Truck Operator Tom Hernden. Wendy Simon, Frontline Services and Rosenbauer dealer, expressed concerns with the chosen
bid. The following resolution was then
offered by Councilman Brooks and seconded by Councilman Wazbinski:
WHEREAS, sealed proposals were advertised
and received in accordance with Article II of Chapter 2 of the Midland Code of
Ordinances for the purchase of a Fire Aerial Tower Truck, with trade-in, Bid
No. 3342; and
WHEREAS, funding for a fire aerial tower
unit is included in the FY 2011-2012 Equipment Revolving Fund budget for
Capital Outlay - Vehicles; and
WHEREAS, the three low bids failed to meet
specifications, and the low bid meeting specifications was offered by Apollo
Fire Equipment; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a Purchase Order to Apollo Fire Equipment of Romeo,
Michigan in the net amount of
$966,810.61 for the purchase of a fire aerial tower truck, including
trade-in of City equipment #9-38 and selected options, in accordance with the
proposal and City specifications.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS,
bids for construction equipment are solicited by the U.S. General Services
Administration and the City of Midland is authorized to make purchases from
this program; and
WHEREAS,
sufficient funding for the purchase of a brush chipper is included in the FY
2011-12 Equipment Revolving Fund for Capital Outlay - Equipment as a
replacement for existing equipment; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to the General Services Administration’s
selected vendor, Vermeer of Michigan of Marne, Michigan, in the amount of
$36,255.00, for the purchase of the aforementioned equipment, all in accordance
with the General Services Administration proposal and specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS,
bids for light duty vehicles and heavy equipment are solicited by the State of
Michigan, and the City of Midland is authorized to make purchases from this
program; and
WHEREAS,
sufficient funding for the purchase of police vehicles, pickups, a van, a flatbed
truck, and a front-end loader is included in the FY 2011-12 Equipment Revolving
Fund budget for Capital Outlay, Vehicles; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue purchase orders to the State of Michigan’s selected vendors,
Snethkamp Dodge of Lansing, Michigan, in the amount of $70,879.60 for the
purchase of two police patrol cars, and one crew-cab pickup, Garber Chevrolet
of Midland, Michigan, in the amount of $92,719.00 for the purchase of one van,
two 4x4 pickups with plows, and one flatbed truck, Shaheen Chevrolet of
Lansing, Michigan, in the amount of $26,679.20 for the purchase of one police
Tahoe vehicle, and JDE Equipment of Traverse City, Michigan, in the amount of
$159,173.00 for the purchase of one front-end loader, all in accordance with
the State of Michigan Extended Purchasing Program proposal and specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the city’s Water Distribution
Department relies on contractors to make the necessary repairs to damaged
property and roads caused either by main breaks or by the excavations to make
the repairs to the mains; and
WHEREAS, annual bids for outlawn
repair unit prices are received in January of each year for a 12-month period
ending December 31; and
WHEREAS, a purchase order was
administratively approved in the amount of $20,000.00 to Lang Construction,
Inc. of Flint, based on the unit prices received January 10, 2011; and
WHEREAS, an increase of $80,000.00 to the
existing purchase order is requested to complete the inventory of needed
restoration, and for work anticipated through December 2011; and
WHEREAS, funding has been budgeted for this
purpose in the 2011/12 Water Fund account #591.8285.93.036 – Repairs &
Maintenance; now therefore
RESOLVED, that an increase of $80,000.00 to
an existing purchase order of $20,000.00 to Lang Construction is hereby
authorized, bringing the total purchase order to $100,000.00 for outlawn repair work, based on previously bid unit prices;
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 Wazbinski and seconded by Councilman Adams:
WHEREAS, the City standardized water meters
in 1987, selecting Sensus Metering Systems through competitive bid, thus
eliminating the need carry multiple brands of meters and meter reading
equipment; and
WHEREAS, over the past year, Water
Distribution has been testing a new style meter for residential and small
commercial applications made by Sensus Metering Systems called iPERL, which utilizes electromagnetic flow measurement
technology that has no moving parts, and can accurately measure low-flows
common to homes and small commercial operations utilizing water-efficient
plumbing fixtures; and
WHEREAS, sealed bids for purchases of Sensus
water meters and accessories, Bid 3347, have been advertised and received in
accord with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS,
the low bid submitted by Michigan Pipe & Valve has been deemed
non-compliant, as it contained prices for mechanical style meters made by
Hersey Meters, which are older technology, and do not have the lower-end read
capability; and
WHEREAS, the bid submitted by ETNA Supply of
Grand Rapids, totaling $201,150.00, provided the newer technology meters and
complies with city specifications; and
WHEREAS, funding for meters and accessories
is provided in Water Fund Inventory Account #591.13.031; now therefore
RESOLVED, that the lone compliant bid
submitted by ETNA Supply Company of Grand Rapids, Michigan, for the indicated
prices, is accepted and a purchase order is hereby authorized in an amount not
to exceed $201,150.00 for purchases of meters and accessories for fiscal year
2011/12; 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 Wazbinski and seconded by Councilman Adams:
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 reuse in 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 was accepted; and
WHEREAS, during the period of time between when bids were sought and when the crushing service began, there was substantial demolition activity in the city, thereby increasing the volume of concrete to be crushed, and on August 1, the City Manager authorized an increase to the purchase order by $10,000.00 to a total of $31,720.00; and
WHEREAS, the final volume of concrete crushed was 7,000 tons, bringing the total and final cost to $38,010.00, requiring an increase of $6,290.00 to the existing purchase order; and
WHEREAS, sufficient funds are available in the 2011/12 Landfill Fund Account #517.8110.81.099 – Miscellaneous Contractual Services; now therefore
RESOLVED, that a purchase order increase of $6,290.00 is authorized to Briggs Contracting for concrete crushing services, bringing the total purchase order to $38,010.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, in July 2008 City
Council approved a three-year lease of
a John Deere 240DLC excavator for use at the City of Midland Landfill, at a
total cost of $110,088.72; and
WHEREAS, the excavator has been a reliable machine during the lease, and is used daily for a wide variety of projects including ditch maintenance, contaminated soil handling, landfill gas collection pipe installations and repairs, and for loading trucks with various materials; and
WHEREAS, the lease contract, which is due to expire in August, provides the Landfill
the option to purchase the unit at a cost of $115,000.00;
and
WHEREAS, the unit has just over 2,000 hours of run-time, is in excellent
condition, and its value is greater than the buy-out cost; and
WHEREAS, the unit should continue to reliably serve the Landfill’s purposes for
another 4,000 hours (six years at current use rates) with proper maintenance
for routine use and track wear; and
WHEREAS, funding has been budgeted for this purpose in the 2011/12 Landfill Fund account #517.9120.97.025 – Capital Equipment; 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 John Deere Credit of Johnston, Iowa in the amount of $115,000.00, to exercise the lease buyout option on the John Deere 240DLC excavator. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the Engineering Department has determined a need for
consultant services for inspection and construction engineering on the 2011 Bay
City Road Reconstruction project; and
WHEREAS, proposals were received from interested engineering firms in
accordance with the City’s purchasing policy; and
WHEREAS, funding for said project is provided by the Major Street Fund;
now therefore
RESOLVED, that the low sealed proposal received from OHM of Mt.
Pleasant, Michigan, in the indicated amount of $45,000.00, based upon City
estimated hours and unit rates submitted, is hereby accepted and the purchasing
agent is directed to issue a purchase order accordingly for said amounts and
services; and
RESOLVED FURTHER, that the City Manager has
the authority to approve any change orders modifying or altering this contract
in an aggregate amount up to $15,000. (Motion ADOPTED.)
The following resolution was offered by Councilman
Wazbinski and seconded by Councilman Adams:
RESOLVED, that the Mayor and the City Clerk are authorized to execute an agreement for the years July 1, 2011 through June 30, 2014, with Midland Tomorrow for economic development services. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the City Council of the City of
Midland has received and reviewed testimony that there are or may be certain
environmentally distressed, blighted, or economically distressed areas in the
City of Midland and that the continued existence of such areas can limit,
hinder, or delay the redevelopment or revitalization of identifiable zones
within the City, and, accordingly, that it is in the best interests of the
public to facilitate the implementation of plans relating to the identification
and treatment of environmentally distressed areas so as to promote
revitalization within the City of Midland (the “Brownfield Redevelopment
Zone”); and
WHEREAS, in order to further such interests,
it is appropriate for the City Council to approve a Brownfield Redevelopment
Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment
Authority Act, being Act 381 of the Public Acts of the State of Michigan of
1996, as amended (the “Act”); and
WHEREAS, pursuant to the Act, this Council
is required (a) to hold a public hearing on the approval of a proposed Brownfield
Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said
public hearing to be published in the Midland Daily News, a newspaper of
general circulation in the City of Midland, all in accord with Section 4(2) of
the Act; now therefore
RESOLVED, that:
1.
The
City Council hereby determines that it is in the best interests of the public
to promote the redevelopment of environmentally distressed, blighted, or
economically distressed areas of the City of Midland, and in order to do so, to
facilitate the implementation of brownfield plans
relating to the designation and treatment of such areas within brownfield redevelopment zones.
2.
The
City Council hereby declares its intention to implement a Brownfield
Redevelopment Plan within the City of Midland pursuant to and in accord with
the provisions of the Act.
3.
A
public hearing shall be held before the City Council on Monday, the 22nd
of August, 2011, at 7:00 p.m., in the City Hall in the City of Midland on the
proposed approval of a Brownfield Redevelopment Plan.
4.
In
accordance with the provisions of Act 381, the City Clerk shall give notice of
the public hearing to each of the taxing jurisdictions that levy taxes on
property included in the project subject to capture under Act 381.
5.
The
City Clerk shall give notice to the public of the public hearing by causing
notice to be published in the form attached hereto as Exhibit A, in the Midland
Daily News, a newspaper of general circulation in the City of Midland and by
posting notice of the public hearing, in the form attached hereto as Exhibit B,
pursuant to the practice of the City Clerk.
(Motion ADOPTED.)
Being no further business the meeting
adjourned at 7:45 p.m.
______________________________________
Selina
Tisdale, City