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
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
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
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
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
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
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,
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