September 12, 2011

 

A regular meeting of the City Council was held on Monday, September 12, 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, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the August 22, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

MIDLAND CIVIC ARENA – TWO RINK UTILIZATION

Assistant City Manager Jack Duso presented information on a recommendation to allocate ice utilization to only two rinks, except for certain major events, during the 2011-12 season at the Midland Civic Arena.  Bill Bartlett, 807 Hollybrook, President of Fast Ice, spoke in favor of the recommendation and expressed the support and interest of the Fast Ice organization in working on this issue.  The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City staff has recommended to utilize only two (2) sheets of ice at the Civic Arena for the 2011-12, except for certain major events; and

WHEREAS, the City staff has met with the Midland Amateur Hockey League, the Midland Figure Skating Club, and the Midland Speed Skating Club on the recommendation and has received a communication from each group expressing acceptance with some reservations regarding its permanence as well as accommodating major events; and

WHEREAS, future meetings will be held during the 2011-12 season between staff and the skating groups to develop options with a cost-benefit analysis to address the financial condition of the Civic Arena; now therefore

RESOLVED, that the City Council hereby supports the staff recommendation to utilize only two (2) sheets of ice, except for certain major events, for the 2011-12 season at the Civic Arena.  (Motion ADOPTED.)

 

LIQUOR LICENSE TRANSFER – RESTALL, INC. TO CENTER HOSPITALITY, LLC

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

 

RESOLVED, that the request to TRANSFER OWNERSHIP OF ESCROWED 2011 CLASS C LICENSED BUSINESS, LOCATED AT 5100 BAY CITY, MIDLAND, MI  48640, MIDLAND COUNTY FROM RESTALL, INC. TO CENTER HOSPITALITY, LLC; TRANSFER LOCATION TO 1801 W. ST. ANDREWS, MIDLAND, MI  48640, MIDLAND COUNTY & REQUEST TO ADD NEW DANCE-ENTERTAINMENT PERMIT be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

LIQUOR LICENSE – MIDLAND BREWING COMPANY

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

 

RESOLVED, that the request is made by MIDLAND BREWING COMPANY, LLC for a new Small Wine Maker License to be held with their 2011 Micro Brewer License located at 5011 N Saginaw, Midland, MI  48640, Midland County be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

2010-11 LIBRARY BOARD ANNUAL REPORT

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

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2010-2011 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2010-2011 Annual Report of the Grace A. Dow Memorial Library Board be received.  (Motion ADOPTED.)

 

O’HARA RESIGNATION - LOCC

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

 

RESOLVED, that the resignation of Robert O’Hara as a member of the Local Officers Compensation Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. O’Hara for his service on this important Commission.  (Motion ADOPTED.)

 

BROWN RESIGNATION – PLANNING COMMISSION

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

 

RESOLVED, that the August 23, 2011 resignation of Diane Brown as a member of the Planning Commission is hereby accepted, and the Administration is directed to convey the Council’s appreciation to Ms. Brown for her service on this important Commission.  (Motion ADOPTED.)

 

MICHIGAN NURSES ASSOCIATION RALLY EVENT

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

 

RESOLVED, that the request from the Michigan Nurses Association to hold a rally event from 10:30 a.m. – 12:00 noon on Friday, September 30, 2011, utilizing amplified sound and the public right-of-way in the area between the Farmers Market and Ann Street, is hereby approved; and

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

 

PLYMOUTH PARK POOL CHANGE ORDER

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

 

RESOLVED, that the change order in the amount of $23,879 is hereby approved, amending the purchase order with Tancor Corporation for the Plymouth Park Pool project which was approved on March 21, 2011.  (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 13,400 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $42,297.10 executed by the Purchasing Agent on August 30, 2011, is hereby approved.  (Motion ADOPTED.)

 

YEO & YEO PO INCREASE – AUDIT COSTS

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

 

WHEREAS, the City of Midland contracted with Yeo & Yeo PC CPAs to conduct its annual financial and compliance audit for the year ended June 30, 2010; and

WHEREAS, certain events occurred during this process that delayed audit procedures; and

WHEREAS, these events caused Yeo & Yeo PC CPAs to perform additional audit procedures completed after normal working hours due to prior commitments to other jobs in order to complete the City of Midland’s June 30, 2010 annual financial and compliance audits; and

WHEREAS, the total year-end auditing and accounting costs of $55,875 exceed authorization previously provided by City Council by $13,675 and, therefore, require additional City Council approval; and

WHEREAS, there is sufficient funding in the Finance Department’s 2011-12 budget to pay the additional charges; now therefore

RESOLVED, that purchase order number 2011-00000609 to Yeo & Yeo PC CPAs, for payment of year-end auditing services is increased to $55,875 to provide funding for additional costs incurred in connection with 2010 fiscal year.  (Motion ADOPTED.)

 


SMITH & KLACZIEWICZ PO INCREASE – ACCOUNTING SERVICES

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

 

WHEREAS, the Finance Department requires professional accounting assistance with fiscal year-end accounting procedures; and

WHEREAS, Smith & Klacziewicz PC CPAs have the expertise in preparation of audit schedules and reconciliations; and

WHEREAS, the cost of said services is expected to exceed $20,000 and, therefore, approval by the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the Finance Department’s 2010-2011 and 2011-2012 budgets; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that purchase order number 2011-00004051 to Smith & Klacziewicz PC CPAs, for professional accounting services is hereby authorized to increase to an amount not to exceed $32,000.  (Motion ADOPTED.)

 

PHASE II – GAS COLLECTION AND CONTROL SYSTEM CONSTRUCTION

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

WHEREAS, in September 2010 the City of Midland Landfill began operation of its gas collection and control system (GCCS) for continuous collection of gas generated by the decomposition of waste in the Landfill for destruction by combustion; and

WHEREAS, enough waste has been placed into Cell 16 to necessitate Phase II construction of the GCCS, which includes extending a gas collection header pipe from the current Cell 14 system and continuing it to Cell 16, installing a leachate condensate removal system, and burying three lateral collection pipes in the waste; and

WHEREAS, on September 6, 2011 sealed bids were received and opened for Bid No. 3368, Phase II Landfill GCCS Construction, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and

WHEREAS, the lone bid proposal submitted by Catskill Remedial Contracting Services Inc. of Otsego (Catskill) in the amount of $180,353.50 meets the city’s requirements; and

WHEREAS, Catskill successfully installed the first phase of the GCCS and is familiar with the site and project and staff has found the price and schedule to be within the anticipated range based on the scope of the project; and

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

RESOLVED, that the low bid proposal submitted by Catskill in the amount of $180,353.50 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 


BARSTOW AIRPORT EQUIPMENT STORAGE BUILDING DESIGN SERVICES CONTRACT

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

 

WHEREAS, a design services agreement has been submitted to the City of Midland by Mead & Hunt, Inc. for the design of an equipment building to store snow removal equipment at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland supports having said design services rendered; now therefore

RESOLVED, that the City Council hereby approves the proposed design services agreement with Mead & Hunt, Inc. of Lansing, Michigan, and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland once the City Attorney has approved the contract as to final form; and

RESOLVED FURTHER, the City of Midland approval is based on funding through a state and federal grant whereas the city cost share for all phases of this project is 2.5% in accordance with Federal, State, and local cost sharing formulas.  (Motion ADOPTED.)

 

2011 AIRPORT ROAD DITCH CLEARING; CONTRACT NO. 11

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the cleaning out and grading of the ditch bottom and replacement of driveway culverts on Airport Road west of Perrine Road; and

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

RESOLVED, that the low sealed proposal submitted by Sterling Excavation, Inc. of West Branch, Michigan, for the "2011 Airport Road Ditch Clearing, Contract No. 11", in the indicated amount of $52,690.00, 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.)

 

RE-ROOF AIRPORT HANGAR 11A

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for re-roofing Hangar 11A at Jack Barstow Airport; and

WHEREAS, funding for this project is provided by the Airport budget; now therefore

RESOLVED, that the low sealed proposal submitted by Thermal Tec of Cedar Springs, Michigan, in accordance with city Bid Number 3264, in the indicated amount of $37,352.00, is hereby accepted and the Purchasing Agent is authorized to issue a  purchase order 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 purchase order in an aggregate amount not to exceed $10,000.  (Motion ADOPTED.)

 

CURRIE GOLF COURSE – NEW DRIVING RANGE DESIGN & PREPARATION

Assistant City Manager Jack Duso presented information on a proposal from Natural Course Design for design and preparation of bid specifications for a new driving range at Currie Golf Course.  Ray Senasac, 1041 Harwood Court, spoke regarding the economic factors that should be considered as part of this project.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, a proposal has been submitted by Natural Course Design to prepare conceptual design plans for a proposed practice range and short game practice facility at Currie Golf Course for an amount not to exceed $16,000 plus expenses; and

WHEREAS, financing for this proposal is provided by funds donated by the Eleanor Currie Administrative Fund; and

WHEREAS, Section 2-20 of the Code of Ordinances does not require sealed proposals for the expenditure of funds received as gifts, and therefore not public funds; now therefore

RESOLVED, that the City Manager is hereby authorized to execute the proposal submitted by Natural Course Design dated August 8, 2011 for the purpose of preparing conceptual design plans for a proposed practice range and short game practice facility at Currie Golf Course.  (Motion ADOPTED.)

 

EMERALD ASH BORER TREATMENT

The following resolution was offered by Councilman Adams 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 Bid No. 3361, “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 a purchase order to Tri-City Tree Service of Saginaw, MI in the amount of $52,287.00 for the treatment of ash trees in the city rights-of-way in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

DONATION FOR PARK TREE REPLACEMENT

Department of Public Services Director Karen Murphy presented information on a donation of $25,000 from The Dow Chemical Company for the purchase of trees to replenish park trees that will be lost to emerald ash borer and amending the General Fund to recognize said donation.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, The Dow Chemical Company has awarded a donation to the City in the amount of  $25,000 to purchase trees and associated supplies; and

WHEREAS, volunteers from The Dow Chemical Company will partner with the City to plant these trees in various parks this fall; now therefore

RESOLVED, that the City of Midland graciously accepts the generous donation of $25,000 from The Dow Chemical Company; 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., September 26, 2011 in the Council Chambers of City Hall on the proposal to amend the FY2011-12 General Fund budget to increase revenues to recognize a gift of $25,000 from The Dow Chemical Company for the purchase of trees and associated supplies and to increase expenditures by $25,000 to allow for completion of the project.  (Motion ADOPTED.)

 

DONATION FOR CENTRAL PARK BAND SHELL RENOVATION

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

 

WHEREAS, funding to renovate the Central Park band shell is being raised with the intent of donating $191,000 to the City to cover the renovation costs; and

WHEREAS, the Parks and Recreation Commission unanimously recommended that City Council accept this generous donation; now therefore

RESOLVED, that City Council accepts a donation for $191,000 to renovate the Central Park band shell; 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., September 26, 2011 in the Council Chambers of City Hall on the proposal to amend the FY 2011-12 General Fund budget to recognize $191,000 of revenue from the Midland Area Community Foundation’s Central Park Band Shell Project Fund and to provide additional appropriations of $191,000 to be used for the renovation of the band shell, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

CDBG – GROVE STREET PLAY STRUCTURE

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

 

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., September 26, 2011 in the Council Chambers of City Hall on the proposal to amend the FY 2011-12 General Fund budget to recognize an additional $40,000 of revenue from a Community Development Block Grant and provide additional appropriations of $40,000 to be used for the purchase of an accessible play structure for Grove Park, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

FEDERAL GRANT – DART MOBILE DATA TERMINAL PROJECT

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

 

WHEREAS, the City of Midland Dial-A-Ride has received a grant for $90,000 from the American Recovery and Reinvestment Act for the purchase of a mobile data terminal system to be installed in the buses; and

WHEREAS, the project is expected to exceed $90,000 and the Michigan Department of Transportation has agreed to let the City use $35,026 in left over funding from a Federal grant originally allocated for bus purchases; now therefore

RESOLVED, that City Council accept the grant to be used toward the project; 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., September 26, 2011 in the Council Chambers of City Hall on the proposal to amend the FY 2011-12 budget of the Dial-A-Ride Fund to recognize an additional $35,026 of revenue from a Federal grant and provide additional appropriations of $35,026 to be used toward the implementation of the mobile data terminals for the buses, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

NEW-TECH, ZEIGLER ENTERPRISES, INC. – IFT APPLICATION

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

RESOLVED, that an application dated August 11, 2011, was received August 11, 2011, from New-Tech, Zeigler Enterprises, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the MSARI Holdings Industrial Development District No.1 relating to new real  property to build a 3,920 square foot addition to the existing offices and R & D lab used for inventing new products or improving existing patented items with a total project cost of the addition being $305,200 to allow for further expansion due to increased business, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, September 26, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:55 p.m.

 

 

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            Selina Tisdale, City Clerk