April 23, 2012

 

A regular meeting of the City Council was held on Monday, April 23, 2012, 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 April 9, 2012 regular and April 16, 2012 special meetings was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

2012-13 PROPOSED BUDGET

Assistant City Manager for Financial Services David Keenan presented the Proposed 2012-13 Budget.  A public hearing opened at 7:30 p.m.  Myron Greene, 3636 E. Shaffer Road, thanked City Council for their efforts to include residents in the budget process.  Bill Sandt, 900 Deerfield Court, spoke regarding the Dial-A-Ride budget.  The public hearing closed at 7:33 p.m. 

 

PUBLIC COMMENTS

No public comments were made.

 

AUTHORIZATION TO REVIEW, APPROVE & EXECUTE REAL ESTATE DOCUMENTS

City Engineer Brian McManus presented a resolution authorizing the City Attorney to review and approve future real estate documents and authorized the City Manager to execute specific future real estate documents.  The following resolution was then offered by Councilman Brown and seconded by Councilman Brooks:

 

WHEREAS, on February 25, 2008 the City Council authorized the City Manager, or his designee, to execute future real estate documents, at the discretion of and following review by, the City Attorney; and

WHEREAS, the execution of future real estate documents was limited to documents which will subordinate, release or discharge trust deeds, mortgages or promissory notes to which the City is the grantor and purchase agreements which are contingent upon future City Council approval; and

WHEREAS, City Council has been requested to amend the City Manager’s authority to execute future real estate documents to include easement and license agreements; now therefore

RESOLVED, that authorization is hereby granted to the City Attorney to review and approve future real estate documents; and

RESOLVED FURTHER, that authorization is hereby granted to the City Manager, or his designee, to execute future real estate documents, including easements and license agreements, as well as documents which will subordinate, release or discharge trust deeds, mortgages or promissory notes to which the City is the grantor and purchase agreements which are contingent upon future City Council approval. (Motion ADOPTED.)

 

DDA REAPPOINTMENTS (RIECKER & MCGUIRE)

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Margaret Riecker and Marty McGuire to the Downtown Development Authority for terms to expire May 1, 2016.  (Motion ADOPTED.)

 

DSTREET ENTERTAINMENT FOUNDATION

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

 

RESOLVED, that the request from Dstreet Entertainment Foundation of Midland, county of     Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-12-01

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

 

RESOLVED, that Traffic Control Order No. P-12-01 filed February 20, 2012 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That there shall be no parking on the west side of Plumer Street from Austin Street to Bay City Road

is hereby made permanent.  (Motion ADOPTED.)

 

AMERICAN HEART ASSOCIATION HEART WALK

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

 

RESOLVED, that the request from Jennifer Gracey, seeking permission to hold an American Heart Association Heart Walk, on Saturday, May 12, 2012, from 8:30 – 11:00 a.m., beginning at Dow Diamond utilizing the public right-of-way and Rail-Trail, and to post signs along the route and front lawn of the stadium, is hereby approved subject to the following conditions:

  • Use of the Rail-Trail is non-exclusive
  • A map of the sign locations must be provided to the City Engineer’s office for review
  • Signs placed on state roadways will require MDOT approval
  • Currie Parkway will be open to traffic and walkers must follow traffic laws for pedestrian crossings.  Volunteers should be stationed at this road crossing to warn and assist walkers.

; and

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

 

JOINT CONSTRUCTION PROJECT (MPS & REECE COMMUNITY LIVING ENDEAVOR)

Planning and Community Development Director Brad Kaye presented information on a joint construction project between the City of Midland, Midland Public Schools and the Reece Community Living Endeavor.  Mayor Donker requested an abstention from voting on this item as a conflict of interest exists in her position as Executive Director of the Reece Endeavor.  City Council unanimously approved her abstention.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, the Midland Public Schools administration has requested a joint project with the City of Midland and the Reece Community Living Endeavor, by having students in the Building Trades Class provide the labor for the construction of a two-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 1200-1202 East Haley Street has been selected and designed on property owned by the Reece Community Living Endeavor; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the city's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the Reece Community Living Endeavor shall pay to the City all material costs, contracted labor, and other incidental costs as agreed upon; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland, Midland Public Schools and the Reece Community Living Endeavor for this purpose.  (Motion ADOPTED.  Yeas:  Adams, Brooks, Brown, Wazbinski   Nays:  None   Abstained:  Donker)

 

INTERGOVERNMENTAL PURCHASE AGREEMENT WITH EAST TAWAS

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

 

RESOLVED, that the City Manager is hereby authorized to sell surplus city equipment as provided by Section 2-23 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute an intergovernmental purchase agreement for the sale of city unit 3-96 to the City of East Tawas for the amount of $30,000.  (Motion ADOPTED.)

 

REAPPOINTING YEO & YEO AS PUBLIC ACCOUNTING FIRM

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

 

RESOLVED, bidding independent auditing services are determined to be impractical within the purview of Section 2-18 of the Midland Code of Ordinances and, as such, sealed competitive bids are waived; and

RESOLVED FURTHER, that the public accounting firm of Yeo & Yeo PC, CPAs is hereby reappointed as the City’s independent auditors for the fiscal years ended June 30, 2012, 2013, 2014, 2015 and 2016 at a total cost per year of $43,960, $45,050, $46,090, $47,180, and $48,270, respectively; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders in an amount not to exceed $5,000 per year, for years 2012 through 2016.  (Motion ADOPTED.)

 

2012 SAGINAW ROAD RECONSTRUCTION; CONTRACT NO. 2

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 reconstruction of Saginaw Road from Gordonville Road to 2400 feet west; 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 Fisher Contracting Company, Inc. of Midland, Michigan, for the "2012 Saginaw Road Reconstruction; Contract No. 2", in the indicated amount of $478,529.57, based upon City estimated quantities is hereby accepted, pending receipt of the “Notice to Proceed” from MDOT 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.)

 

MIDLAND ENGINE – PO INCREASE FOR LANDFILL EQUIPMENT MAINTENANCE

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

 

WHEREAS, the City of Midland Landfill owns and operates two Bomag garbage compactors purchased from Midland Engine, Inc.; and

WHEREAS, as the local authorized distributor for Bomag equipment, Midland Engine is the preferred vendor for preventative maintenance, parts, and repair services for these machines, and the aggregate cost of parts and services on both loaders in the current fiscal year is approaching $20,000.00; and

WHEREAS, the majority of the cost was for a major service and replacement of a failed turbocharger on one of the compactor units; and

WHEREAS, total expenses for parts and services are expected to reach $24,000.00 for the current fiscal year, making Council approval for an increase to the purchase order necessary; and

WHEREAS, sufficient funding exists in the 2011/12 Landfill – Equipment Maintenance account 517.8110.93.21; now therefore

RESOLVED, that an increase of $4,000.00 to an existing purchase order of $20,000.00 to Midland Engine, Inc. for Landfill equipment maintenance costs is hereby authorized, bringing the total amount to $24,000.00.  (Motion ADOPTED.)

 

LANG CONSTRUCTION – PO INCREASE FOR OUTLAWN & MISC. REPAIRS

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

 

WHEREAS, in the course of a year, the City’s Water Distribution Department repairs water mains, installs new services, and replaces valves and fittings throughout the distribution system, while relying on contractors for the restoration of disturbed streets and out lawns due to these distribution system activities; and

WHEREAS, each start of a new fiscal year in July, a purchase order in the amount of $20,000.00 is administratively approved based on the previously bid unit costs, and subsequently increased throughout the year as repairs are completed; and

WHEREAS, the City has an open purchase order with Lang Construction, Inc. of Flint in the amount of $100,000.00 for repair services through December 31, 2011; and

WHEREAS, on Tuesday, January 24, 2012, sealed proposals were received and opened for Bid No. 3397 for the 2012 calendar year prices of Contractual Repair Services, and staff has again accepted the bid unit costs received from Lang Construction for the period of January 1, 2012 to December 31, 2012; and

WHEREAS, due to the mild spring, Lang Construction will get an early start on repairs, and therefore, we expect more work to be completed by June 30, 2012 than in previous years, requiring an increase of $100,000.00 to the open purchase order to Lang Construction, that will bring the total purchase order amount to $200,000.00, based on the new bid unit costs; 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 $100,000.00 to an existing purchase order of $100,000.00 to Lang Construction is hereby authorized, bringing the total purchase order to $200,000.00 for out lawn and related miscellaneous repairs, based on previously accepted 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 $5,000.00.  (Motion ADOPTED.)

 


PROPOSED 2011-12 BUDGETS & FINANCIAL WORKING PLANS AMENDMENT

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., May 7, 2012, in the Council Chambers of City Hall on the proposal to amend the 2011-12 budgets and financial working plans as follows:

 










(Motion ADOPTED.)

 

ECO BIO PLASTICS MIDLAND, INC. – INDUSTRIAL DEVELOPMENT DISTRICT REQUEST

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

 

WHEREAS, ECO Bio Plastics Midland, Inc. by means of a letter dated March 30, 2012, which was received by the City Clerk on March 30, 2012, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on May 7, 2012 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

PROPOSED 2012-13 CDBG BUDGET

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

 

WHEREAS, the City of Midland will receive $215,226 in Community Development Block Grant funds for fiscal year 2012-13; and

WHEREAS, it is anticipated that the City will receive $49,482 in program income, and an anticipated fund balance of $166,007 will be carried over from prior fiscal years; and

WHEREAS, on January 30, 2012, the Housing Commission unanimously recommended approval of this budget; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on May 7, 2012, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table (Attachment A).  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:45 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk