May 20, 2013

 

A regular meeting of the City Council was held on Monday, May 20, 2013, 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 Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the May 6, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Adams.  (Motion ADOPTED.)

 

2012-13 MAJOR STREET FUND BUDGET AMENDMENT

City Engineer Brian McManus presented information on an amendment to the 2012-13 Major Street Fund budget to increase expenditures by $100,000 to fund the resurfacing of Jefferson Avenue from the Highway US-10 overpass to Joe Mann Boulevard.  A public hearing opened at 7:05 p.m., recognizing no public comments, the hearing closed at 7:05 p.m.   The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, in accord with Section 5.11 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, May 20, 2013, on the proposal to amend the 2012-13 Major Street Fund budget to increase expenditures by $100,000 to fund the resurfacing of Jefferson Avenue from the Highway US-10 overpass to Joe Mann Boulevard; now therefore

RESOLVED, that the 2012-13 Major Street Fund budget is hereby amended to increase expenditures by $100,000 to fund the resurfacing of Jefferson Avenue from the Highway US-10 overpass to Joe Mann Boulevard. (Motion ADOPTED.)

 

2012-13 CURRIE GOLF COURSE FUND BUDGET AMENDMENT

Assistant City Manager for Financial Services David Keenan presented information on an amendment to the 2012-13 Currie Golf Course Fund budget to increase revenue and expenditures by $4,187 to fund the purchase of kitchen equipment.   A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 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 on Monday, May 20, 2013, on the proposal to amend the 2012-13 Currie Golf Course Fund to increase revenues by $4,187 to recognize an unanticipated gift from the Midland Area Community Foundation – Currie Family Endowment Fund for the Currie Golf Course, and increase capital expenditures by the same to provide budgetary authorization to use these funds to purchase new kitchen equipment; now therefore

RESOLVED, that the 2012-13 Currie Golf Course Fund budget shall be amended to increase revenues and expenditures by $4,187 as described above to provide budgetary authorization to purchase new kitchen equipment.  (Motion ADOPTED.)

 

2013 DOWNTOWN ECONOMIC REVITALIZATION IMPROVEMENT SPECIAL ASSMT ROLL

City Assessor Reid Duford presented the special assessment roll for the “2013 Downtown Economic Revitalization Public Improvement Special Assessment District”.  A public hearing opened at 7:15 p.m., recognizing no public comments, the hearing closed at 7:15 p.m.  The following resolution was offered by Councilman Wazbinski 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 a certain revitalization program on the "2013 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC 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 $36,022 and that the total estimated cost of said improvements is $36,022, and the City at large cost is zero (0); and

RESOLVED FURTHER, that one hundred (100) percent of the amount of said roll shall be collected during the year of 2013; 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 City Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading one hundred (100) percent of said Roll on July 1, 2013 without interest.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Stephanie Baiyasi, 27 Burrell Court, spoke regarding her concerns with overgrown vegetation that inhibit bike and pedestrian access to sidewalks.  

Ziggy Kozicki, 27 Burrell Court, spoke regarding Emerald Ash Borer.

 

2013-14 CITY BUDGET

Assistant City Manager for Financial Services David Keenan presented for adoption the City Manager’s Proposed 2013-14 Budget.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

WHEREAS, a public hearing on the 2013-2014 budget was held on Monday, May 6, 2013, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 15 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, MCL 211.44 permits local property tax collecting units to add to taxes collected after February 14 and before March 1, four percent (4%) for late charges and additional fees; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,325,703,249 plus $193,860,700 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2013 and ending June 30, 2014 is hereby determined and adopted as follows:

 


 


 


 


 


 

; and

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 12.35 mills for operations, .23 mills for storm water operations, 1.00 mills for library operations, 1.22 mills for public safety pension, and 0.28 mills for general obligation debt, a total of 15.08 mills, on the taxable value of the various classes of property in the City of Midland on the 2013 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the taxable value of the various classes of property on the 2013 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the summer and winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies, and processing taxes under review and appeal; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after the legal due dates of September 15 and February 14 (or the next business day if those dates fall on a holiday or weekend) a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that for the City’s fiscal year ending June 30, 2013, the General Fund’s fund balance shall include $1,975,477 as a Committed Fund Balance for Future Year Expenditures, shall include $1,500,000 as a Committed Fund Balance for Contingencies, and shall include an amount to be determined by the City’s Assistant City Manager for Financial Services as Assigned Fund Balance for Encumbrances; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services shall be authorized to encumber into the 2013-2014 budgets and financial working plans of the various City funds items requested by staff provided that:  1) there is sufficient remaining budget in 2012-2013, 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 the Assistant City Manager for Financial Services is directed to provide an explanation of amounts encumbered, by fund, to City Council in the quarterly financial report for the period ending September 30, 2013.  (Motion ADOPTED.)

 

BALD FOODS, INC. (MEDUES TERRA) LIQUOR LICENSE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, Bald Foods, Inc. is submitting application to the Michigan Liquor Control Commission for an on-premise Class C liquor license issued under PA 501 of 2006; and

WHEREAS, it is necessary that Bald Foods, Inc. be located within a development district as defined in PA 501 of 2006; and

WHEREAS, the Michigan Liquor Control Commission has determined that in addition to being located in a development district as defined by PA 501 of 2006, it is also necessary to certify that the property is located within the Downtown Development (DDA) or Tax Increment Financing (TIF) district; now therefore

RESOLVED that the request submitted by Bald Foods, Inc., to be located at 134 Ashman Street, Midland, Michigan for an on-premise Class C liquor license issued pursuant to Section 521 a (1) (b) of PA 501 2006 be considered for approval above all others; and

RESOLVED FURTHER, that the City Council hereby certifies that the Downtown Development Authority, of the City of Midland, Michigan is a development project area and that Bald Foods, Inc., to be located at 134 Ashman Street, Midland, Michigan is within the Downtown Development Authority and Tax Increment Financing (TIF) district.  (Motion ADOPTED.)

 

MIDLAND AREA TRANSPORTATION STUDY (MATS) – COST MATCH FUNDS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Engineer reported that the Midland Area Transportation Study (MATS) planning organization for transportation is in the organizational stages and is continuing to evolve; and

WHEREAS, federal planning funds are available to administer the metropolitan planning process and the funds are available in two different categories including Federal Highway Administration Metropolitan Planning and Federal Transit Administration; and

WHEREAS, total planning funds, in said categories, allocated to MATS are estimated to be $158,000 for the 2013 MDOT calendar year that begins October 1, 2012 and ends September 30, 2013; and

WHEREAS, a  local fund  match of approximately 18.15% to 20%  is required to receive federal planning funds for MATS and said match costs will be equally shared by the City of Midland and the Midland County Road Commission as related to Transportation Planning; and

WHEREAS, said required matching funds  of approximately $5,500 shall be borne by the City of Midland for 2013 as related to Transit Planning; now therefore

RESOLVED, that City Council hereby agrees to fund 50% of the total required local match costs  for planning funds, in both the Federal Highway Administration Metropolitan Planning category, for the first year as represented by the 2013 MDOT calendar year; and

RESOLVED FURTHER, that City Council hereby agrees to fully fund the required local match costs for planning funds in the Federal Transit Administration category for the first year as represented by the 2013 MDOT calendar year; and

RESOLVED FURTHER, that the estimated total local match cost  is estimated to be $36,000 and will be roughly split as to a $21,000 contribution of the  City of Midland  and a $15,000 contribution of the  Midland County Road Commission; and

RESOLVED FURTHER, that the City Council hereby agrees that in future years that City cost share contributions may continue at the same ratios, provided that the MPO administration, planning and funding are administered in a similar manner.  (Motion ADOPTED.)

 

CITY QUARTERLY FINANCIAL REPORT – MARCH 31, 2013

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the quarterly financial information of the City of Midland, for the quarter ended March 31, 2013, is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

EVENT MANAGEMENT SERVICES – MIDNIGHT ON MAIN

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, sealed bids for Bid No. 3509 event management services for the Downtown Development Authority’s (DDA) Midnight on Main event have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the complete low bid received from the Michigan Baseball Foundation (MBF) and Great Lakes Loons (GLL) to be acceptable, and recommends award for event management services; and

WHEREAS, the DDA Board also voted to recommend approval of the event management services to the MBF and GLL; and

WHEREAS, funding is provided in the Midnight on Main Project Account #281.6090.76.001; now therefore

RESOLVED that a purchase order is hereby authorized to the MBF and GLL in an amount not to exceed 80% of the net revenues of the 2013 Midnight on Main New Year’s Eve event in Downtown Midland; and

RESOLVED FURTHER, that the Community Affairs Director is hereby authorized to sign the letter of agreement for Midnight on Main event management services between the DDA and MBF and GLL.  (Motion ADOPTED.)

 

TURBIDIMETER REPLACEMENT – WATER PLANT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City of Midland Water Treatment Plant treats an average of 21 million gallons per day of raw water, with the primary regulation for filtered water being effluent turbidity from each individual filter, and different turbidity regulations on the combined effluent of multiple filters; and

WHEREAS, turbidity is a measure of the clarity of the filtered water and turbidity analyzers (turbidimeters) are used to measure this; and

WHEREAS, on April 16, 2013, three sealed bids were received and opened for Bid No. 3513, Turbidimeter Replacement; and

WHEREAS, staff has reviewed the bids and believes acceptance of the bid submitted by HACH Company of Loveland, Colorado, in the amount of $46,550.00 for 19 turbidimeters is in the best interest of the City; and

WHEREAS, the lowest bids received, 1) $35,581.11 from USABlueBook of Gurnee, Illinois, and 2) $37,905.00 from RS Technical Services, Lowell, Michigan, were both rejected because the required maintenance on their turbidimeters makes them more expensive over their useful life than the model provided by HACH; and

WHEREAS, funding has been budgeted in the Water Fund for this purpose and are available in account 591.8165.76.057 – Operating Supplies Laboratory Expense - Utilities; now therefore

RESOLVED, that the bid submitted by HACH Company, in the amount of $46,550.00, is hereby accepted and a purchase order is authorized for the turbidimeters.  (Motion ADOPTED.)

 

ROAD GRAVEL PURCHASE - LANDFILL

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Landfill uses road gravel for maintenance and construction of access roads around the site and landfill disposal areas; and

WHEREAS, the current low bid price of delivered 22A crushed limestone is $12.45 per ton; and

WHEREAS, staff requests a purchase order for 3,000 tons at a cost of $37,350.00; and

WHEREAS, funding for road gravel is available in the 2012/13 Landfill account #517.9120.97.015 – Land Improvements; now therefore

RESOLVED, that a purchase order in the amount of $37,350.00 to Bunting Sand and Gravel of West Branch for the delivery of road gravel is hereby authorized; 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.)

 

Being no further business the meeting adjourned at 7:50 p.m.

 

 

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            Selina Tisdale, City Clerk