May 12, 2014

 

A regular meeting of the City Council was held on Monday, May 12, 2014, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was led by Boy Scout Troop #768 – St. Brigid’s.

 

Councilmen present:

Thomas Adams, Diane Brown Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

Third Ward Vacant

 

MINUTES

Approval of the minutes of the April 28, 2014 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Adams.  (Motion ADOPTED.)

 

2014 MAKE MIDLAND BEAUTIFUL ART CELEBRATION

Recreation Director Marcie Post introduced the Make Midland Beautiful Art Celebration Program and Mayor Donker, who helped recognize 16 elementary and middle school students for outstanding work in creating posters for the 2014 Make Midland Beautiful Art Celebration.

 

PROPOSED 2014-15 CITY BUDGET

Assistant City Manager for Financial Services David Keenan presented the City Manager’s Proposed 2014-15 Budget.  A public hearing opened at 7:25 p.m., recognizing no public comments, the hearing closed at 7:25 p.m.  

 

2014 DOWNTOWN ECONOMIC REVITALIZATION SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the Special Assessment Roll for the 2014 Downtown Economic Revitalization Public Improvement Special Assessment District.   A public hearing opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:30 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

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 "2014 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 $90,042.72 and that the total estimated cost of said improvements is $90,042.72, and the City at large cost is zero (0); and

RESOLVED FURTHER, that fifty (50) percent of the amount of said roll shall be collected during the year of 2014, and fifty (50) percent of said roll shall be collected during the year of 2015; 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 fifty (50) percent of said roll on July 1, 2014 without interest, and fifty (50) percent of said roll on July 1, 2015 without interest.  (Motion ADOPTED.)

 

2014 WALDO AVENUE IMPROVEMENTS

City Assessor Reid Duford presented information and the Special Assessment Rolls for the Waldo Avenue Water Main Improvement Special Assessment District, Waldo Avenue Sanitary Sewer Improvement Special Assessment District and the Waldo Avenue Street Improvement Special Assessment District.  The following three resolutions were then presented for consideration. 

 

2014 WALDO AVE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT ROLL

A public hearing opened at 7:35 p.m., recognizing no public comments, the hearing closed at 7:35 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

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 water main  improvements on the "2014 WALDO AVENUE WATER MAIN 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 $197,043.62 and that the total estimated cost of said improvements is $543,000.00, and the City at large cost is $345,956.38; and

RESOLVED FURTHER, that the amount of said roll shall be divided into ten (10) annual installments with interest, one of which is to be collected during the year of 2014, and one during each succeeding year for nine (9) 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 (30) days from the date of notification to pay the same; and

RESOLVED FURTHER, that the “Property Owners” who are bound by the “AGREEMENT FOR PUBLIC IMPROVEMENTS NORTH WALDO ANNEXATION”, which was approved by City Council on April 14, 2014, shall pay their special assessment, in full, upon the completion of the Public improvement; 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 (30) 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 ten (10) equal annual installments bearing the interest rate of 1.25 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty (30) 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 ten (10) annual installments with interest.  (Motion ADOPTED.)

 

2014 WALDO AVE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

A public hearing opened at 7:36 p.m., recognizing no public comments, the hearing closed at 7:36 p.m.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

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 sanitary sewer  improvements on the "2014 WALDO AVENUE SANITARY SEWER 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 $245,613.49 and that the total estimated cost of said improvements is $915,000.00, and the City at large cost is $669,386.51; and

RESOLVED FURTHER, that the amount of said roll shall be divided into ten (10) annual installments with interest, one of which is to be collected during the year of 2014, and one during each succeeding year for nine (9) 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 (30) days from the date of notification to pay the same; and

RESOLVED FURTHER, that the “Property Owners” who are bound by the “AGREEMENT FOR PUBLIC IMPROVEMENTS NORTH WALDO ANNEXATION”, which was approved by City Council on April 14, 2014, shall pay their special assessment, in full, upon the completion of the Public improvement; 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 (30) 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 ten (10) equal annual installments bearing the interest rate of 1.25 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty (30) 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 ten (10) annual installments with interest.  (Motion ADOPTED.)

 

2014 WALDO AVE STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

A public hearing opened at 7:37 p.m., recognizing no public comments, the hearing closed at 7:37 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

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 "2014 WALDO AVENUE 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 $239,064.43 and that the total estimated cost of said improvements is $642,000.00, and the City at large cost is $402,935.57; and

RESOLVED FURTHER, that the amount of said roll shall be divided into ten (10) annual installments with interest, one of which is to be collected during the year of 2014, and one during each succeeding year for nine (9) 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 (30) days from the date of notification to pay the same; and

RESOLVED FURTHER, that the “Property Owners” who are bound by the “AGREEMENT FOR PUBLIC IMPROVEMENTS NORTH WALDO ANNEXATION”, which was approved by City Council on April 14, 2014, shall pay their special assessment, in full, upon the completion of the Public improvement; 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 (30) 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 ten (10) equal annual installments bearing the interest rate of 1.25 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty (30) 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 ten (10) annual installments with interest.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GOLF COURSE FEES ORDINANCE AMENDMENT (First Reading)

City Attorney James Branson presented for first reading an ordinance to amend Section 21-71 – Golf Course Fees.  The following ordinance amending Section 21-71 – Golf Course Fees was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

Golf Course Fees shall be established by Billy Casper Golf, LLC per the terms of the Currie Municipal Golf Course Management Agreement entered into between the City of Midland and Billy Casper Golf, LLC on December 23, 2013.  

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

Currie East Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday and weekend

 

$11.50 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$  8.00 per play

     Youth weekday & weekend

 

$  5.00 per play

18-hole rate

 

 

     Regular weekday and weekend

 

$15.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$11.00 per play

     Youth weekday & weekend

 

$  9.00 per play

Currie West Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday and weekend

 

$18.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$13.00 per play

     Youth weekday & weekend

 

$  8.00 per play

18-hole rate

 

 

     Regular weekday and weekend

 

$30.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$22.00 per play

     Youth weekday & weekend

 

$12.00 per play

Currie East and Currie West Municipal Golf Courses Membership Fees

Season Membership privileges good April 1 through October 31

East and West Course Unlimited Play

 

 

     Single Season Membership

 

$1,200.00 per Membership

     Couple Season Membership

 

$2,040.00 per Membership

     Senior Single Season Membership

 

$1,050.00 per Membership

     Senior Couple Season Membership

 

$1,785.00 per Membership

     Single Season Membership with Cart

 

$1,700.00 per Membership

     Couple Season Membership with Cart

 

$2,890.00 per Membership

     Senior Single Season Membership with Cart

 

$1,550.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,635.00 per Membership

     Youth 90 Day Unlimited Pass (June 1 – August 31)

 

$   400.00 per Membership

*  East and West Course Members receive:

  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

East Course Only Unlimited play

 

 

     Single season Membership

 

$   850.00 per Membership

     Couple season Membership

 

$1,445.00 per Membership

     Senior Single Season Membership

 

$   750.00 per Membership

     Senior Couple Season Membership

 

$1,275.00 per Membership

     Single Season Membership with Cart

 

$1,350.00 per Membership

     Couple Season Membership with Cart

 

$2,295.00 per Membership

     Senior Single Season Membership with Cart

 

$1,250.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,125.00 per Membership

*    Currie East Members receive:

  • 20% discount on Currie West green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Senior Limited Play:  East Course Only

·       Membership applies to East Course only, Monday through Friday before 12:00 p.m. (Pass not valid for weekday evening leagues)

     Single

 

$   575.00 per Membership

     *Couple

 

$   978.00 per Membership

     Single with Cart

 

$1,075.00 per Membership

     *Couple with Cart

 

$1,828.00 per Membership

*Couple defined as husband and wife

 

 

*Senior defined as sixty (60) years of age and older

 

 

Currie West 10 18-Hole Round Punch Card

Good April 1 Through October 31

Regular

 

$240.00 per card

*Senior

 

$176.00 per card

Regular with Cart

 

$368.00 per card

*Senior with Cart

 

$304.00 per card

*Senior defined as sixty (60) years of age and older

 

 

Power Cart Fees

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $16.00

     Season pass

 

$500.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$8.00 per play

Par 3 – Senior

 

$6.00 per play

Par 3 – Youth

 

$4.00 per play

Driving Range Fees

Driving Range

 

 

     Medium Basket

 

$6.00

     Large Basket

 

$8.00

Driving Range Season Membership Fees

     Single

 

$300.00

Youth Golf Program

     Program Fee

 

$70.00 or Youth Membership

Senior is defined as 60 years of age and older.

Youth is defined as 18 years of age and under.

Couple is defined as husband and wife.

           

Exception:  The Golf Course Manager is authorized with the approval of the City Manager to reduce Golf Course fees on a discretionary basis for the purpose of marketing additional play.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

FIREWORKS ORDINANCE AMENDMENT (First Reading)

City Attorney James Branson presented for first reading an ordinance to amend Section 16-34 Fireworks.  Jim Malek, 3701 Westbrier, spoke in support of the revisions to the fireworks ordinance.  The following ordinance amending Section 16-34 – Fireworks was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 16-34 OF CHAPTER 16 THEREOF.

The City of Midland Ordains:

Section 1.  Section 16-34 is hereby amended to read as follows:

Sec. 16-34. Fireworks.

(a) Definitions.

Consumer fireworks means fireworks devices that are designed to produce visible or audible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

Firework or fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designated for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.  Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

Novelties means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:

(1)         Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cup.

(2)         Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (1) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion. 

(3)         Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

(b)  Prohibition on use of consumer fireworks.

No person shall ignite, discharge or use consumer fireworks within the city, except this prohibition shall not preclude any person from the ignition, discharge, and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of Public Act 256 of 2011 and all other applicable local, state, or federal regulations.  A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission.  The ignition, discharge or use of consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m. on the day preceding, the day of, or the day after a national holiday is strictly prohibited.  This prohibition and restriction shall not apply to the ignition, discharge or use of consumer or display fireworks for educational and/or training purposes as approved, in writing, by the Fire Chief or his designee.

 (c)

It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, keep with the intent to sell at retail, or sell at retail to any person who has not yet attained the age of eighteen (18) years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of unmanned balloon which requires fire underneath to propel the same; firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs or other fireworks of like construction; or any fireworks containing any explosive or inflammable compound or any tablets or other devices commonly used and sold as fireworks, containing nitrates, chlorates, oxolates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound containing any of the same or other modern explosives.

(d)

Not included within the foregoing prohibition are model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models. Also not included are sparklers containing not more than one hundred twenty-five ten thousandths (.0125) pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth (1/8) inch in diameter, toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than twenty-five hundredths (.25) of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times.

(e)  Enforcement.

The Fire Chief, his designees and/or sworn law enforcement officers are authorized to enforce the provisions of this ordinance.

(f)  Severability.

The various parts, sections and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the ordinance shall not be affected.

(g)  Repeal.

All regulatory fireworks provisions contained in other city ordinances which are inconsistent with the provisions of this ordinance are repealed with the exception of the authority granted to the Director of Parks and Recreation and the Fire Chief under the Parks Rules and Regulations. 

Section 2.  This ordinance shall take effect on publication.  (Motion ADOPTED.  Considered first reading.)

 

MIDLAND MUNICIPAL EMPLOYEES ASSOCIATION LABOR AGREEMENT

Assistant City Manager for Financial Services David Keenan presented information on the Labor Agreement between the City of Midland and the Midland Municipal Employees Association.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Employees Association for labor contract changes effective July 1, 2014 and expiring June 30, 2017; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

SALE OF CITY OWNED PROPERTY 414/416 MCDONALD STREET

City Manager Jon Lynch presented information on the disposal of City owned property located at 414/416 McDonald Street and entering into a sales agreement with SSP Associates.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

WHEREAS, On September 30, 2013, the City of Midland received a letter from SSP Associates seeking acquisition of a vacant lot located at 414 / 416 McDonald Street which is currently owned by the City; and

WHEREAS, Section 2-21 of the City of Midland Code of Ordinances provides that whenever any city property, real or personal, is not needed for corporate or public purposes, such property may be sold; and

WHEREAS, the Downtown Development Authority has determined that there is no public purpose for the parcel and recommends that it be sold to SSP Associates; and

WHEREAS, the City Assessor’s Office has established market value of the parcel at $50,000; and

WHEREAS, the requirement of sealed competitive proposals for the sale of said property, in accord with Section 2-25 of the Code of Ordinances of the City of Midland, is impractical; now therefore

RESOLVED, that the City Council approves the offer to purchase from SSP Associates and finds that it is clearly to the city's advantage to sell the property without competitive bid; 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 in the amount of $50,000 on behalf of the City of Midland.  (Motion ADOPTED.)

 

ANNEXATION OF PROPERTY AT NORTH WALDO ROAD

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SEC 2 T14N R2E FRL NE ¼ OF FRL NE ¼ EXC COM 132 FT S OF NE SEC COR, TH W 490 FT, S 90 FT, E 490 FT, N 90 FT. 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Midland by the property owners who hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Midland; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

ANNEXATION OF PROPERTY AT EAST WACKERLY ROAD

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SEC 2 T14N R2E FRL NW ¼ OF FRL NE ¼ EXC COM AT N ¼ COR, TH E 191.5 FT, S 674.7 FT, S 14D E 336.9 FT, W 281.8 FT, N 10002. FT

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Midland by the property owners who hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Midland; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 


NMT COMMITTEE 2013 ACCOMPLISHMENTS AND 2014 ACTION PLAN

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

 

WHEREAS, the Non-Motorized Transportation Committee (NMT) has prepared a summary of their 2013 Accomplishments and their 2014 Action Plan; and

WHEREAS, the Non-Motorized Transportation Committee 2013 Accomplishments and 2014 Action Plan were forwarded to the City Planning Commission; and

WHEREAS, the Planning Commission met on April 22, 2014 and received and forwarded to City Council the Non-Motorized Transportation Committee 2013 Accomplishments and 2014 Action Plan; now therefore

RESOLVED, that City Council receives the reports from the Midland City Planning Commission and files the Non-Motorized Transportation Committee 2013 Accomplishments and their 2014 Action Plan.  (Motion ADOPTED.)

 

DDA – MILLER REAPPOINTMENT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, and City Council confirms the City Manager’s reappointment of Bo Miller to the Downtown Development Authority board with a term expiring May 1, 2018.  (Motion ADOPTED.)

 

CCA – MILES AND SHAFFNER REAPPOINTMENT

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

 

RESOLVED, that in accord with Sec. 30-16(a) of the Code of Ordinances, the City Council confirms the City Manager’s reappointment of Cliff Miles and Gary Shaffner to the Center City Authority board with terms expiring June 30, 2018.  (Motion ADOPTED.)

 

MBS INTERNATIONAL AIRPORT COMMISSION – LYNCH APPOINTMENT

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

 

RESOLVED, that the City Council hereby appoints City Manager Jon Lynch to the MBS International Airport Commission effective immediately, for a three-year term ending June 30, 2017.  (Motion ADOPTED.)

 

CHIPPEWA NATURE CENTER – SIGNAGE FOR SPECIAL EVENTS

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

 

RESOLVED, that the request from Jamie Hockstra, Chippewa Nature Center, seeking permission to place temporary signs to advertise their annual events, is hereby approved subject to the following conditions: 

; and

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

 

DUCK RACE BENEFIT FOR JAMES JOHNSON

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

 

RESOLVED, that the request from Blain Anderson on behalf of a Benefit for James Johnson, seeking permission to hold a Duck Race on Saturday, July 19, 2014, utilizing the public right-of-way, is hereby approved subject to the following conditions: 

; and

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

 

STATE GAMES OF MICHIGAN/TORCH RELAY STOP

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

 

RESOLVED, that the request from Kurt Kosmowski, on behalf of the West Michigan Sports Commission, to conduct the State Games of Michigan/Torch Relay Stop on Monday, June 16, 2014, utilizing the Farmers Market area and the Rail Trail, is hereby approved subject to the following conditions: 

·         Participants must obey all traffic laws and traffic control devices.

; and

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

 

WALK FOR EDUCATION

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

 

RESOLVED, that the request from Renaye Baker to conduct a Walk for Education in downtown Midland on Saturday, May 17, 2014, utilizing the public right-of-way, is hereby approved subject to the following conditions: 

·         Participants must obey all traffic laws and traffic control devices.

; and

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

 

“PAWS, AND SAVE A LIFE” EVENT

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

 

RESOLVED, that the request from Lil’ Pear Tree and the Humane Society of Midland County, to conduct a “Paws, and Save a Life” event in downtown Midland on Saturday, June 7, 2014, utilizing the public right-of-way and amplified sound, is hereby approved subject to the following conditions:

; and

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

 

APPLICATION FOR LOCAL BRIDGE PROGRAM FUNDS – POSEYVILLE BRIDGE

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

 

WHEREAS, the Poseyville Road Bridge over the Tittabawassee River, Bridge No. 7015, is experiencing deterioration to such an extent that preventive maintenance is necessary to extend the service life of the bridge; and        

WHEREAS, the City of Midland was awarded Local Bridge Program funds to accomplish said preventive maintenance work in Fiscal Year 2014 including limited painting of the superstructure steel; and

WHEREAS, recent extreme low temperatures and other weather conditions in the 2013-2014 winter season have caused extensive peeling of paint on the bridge superstructure steel; and

WHEREAS, the City of Midland desires to now do a full painting of the structural steel  beams that have lost their protective coating, in the FY2015 construction season; and

WHEREAS, the City of Midland has funding available to provide the local agency share for the project; now therefore

RESOLVED, that the City of Midland supports the application request for Local Bridge Program funds for added preventive maintenance of the Poseyville Road  Bridge over the Tittabawassee River, that includes full painting of the bridge superstructure steel, for the year 2015; and

RESOLVED FURTHER, that this project is the City of Midland’s only priority in FY 2015.  (Motion ADOPTED.)


KIWASSEE KIWANIS CLUB OF MIDLAND – POSTING FLAGS FOR HOLIDAYS

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

 

RESOLVED, that the City Engineer is hereby authorized to issue permits in 2014 for posting of flags within the City right-of-way, subject to the following conditions:

; and

RESOLVED FURTHER, that the City Engineer is hereby authorized to approve future requests for posting flags within City right-of-way should the future requests be conducted in a similar manner and conditions of the permits are obeyed.  (Motion ADOPTED.)

 

MIDLAND DAILY NEWS MEMORIAL DAY WEEKEND TOURNAMENT

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

 

RESOLVED, that the request from Midland High School seeking permission to host the Midland Daily News Memorial Day Weekend Tournament May 23-25, utilizing Emerson Park and charging admission, is hereby approved subject to the following conditions:

·         Use of Emerson Park is non-exclusive

·         Event organizers have permission to charge an entrance fee for tournament guests but must allow pavilion users to enter the park at no cost

; and

RESOLVED FURTHER, that the Parks and Recreation staff is hereby authorized to approve future requests for the event provided it is conducted in substantially the same manner.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,700 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $42,154.90 executed by the Purchasing Agent on May 1, 2014, is hereby approved.  (Motion ADOPTED.)

 

ENGINEERING SERVICES – MUNICIPAL SERVICES PARKING LOT PAVING

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

 

WHEREAS, Rowe Professional Services Company of Mt. Pleasant, Michigan, has submitted a proposal to perform engineering design and construction oversight work related to the repaving of the Municipal Service Center parking lot; and

WHEREAS, proposed repaving work will consist of a combination of mill/overlay along with removing and replacing sections of pavement; and

WHEREAS, the cost to perform said engineering work is estimated to be $36,300; and

WHEREAS, the professional services proposed by Rowe Professional Services Company will be secured within Section 2-19 of the Code of Ordinances; and

WHEREAS, funding is available for the project in the FY2013/14 budget; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order for engineering services to Rowe Professional Services Company of Mt. Pleasant, Michigan in the amount of  $36,300; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering said purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

2014 WALDO AVENUE IMPROVEMENTS “NOTICE TO PROCEED”

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

 

WHEREAS, sealed proposals will be received in accord with Article II of Chapter 2 of the Midland Code of Ordinances on May 22, 2014 for street, sanitary sewer, storm sewer and water main improvements on Waldo Avenue from north of U.S. 10 to approximately 600 feet north of Diamond Drive; and

WHEREAS, funding for this project is provided by the Major Street Fund, Waste Water Fund, and the Water Fund; and

WHEREAS, a resolution will be presented to Council at the June 9th City Council meeting for bid award to the successful bidder; and

WHEREAS, it is critical that materials for the project be ordered as soon as possible in order to complete construction this construction season; now therefore

RESOLVED, that the City Manager is authorized to issue a “Notice to Proceed” and a Purchase Order in the amount of $50,000.00 to the successful bidder prior to the bid award on June 9th in order to facilitate timely arrival of critical materials; and

RESOLVED FURTHER, that the “Notice to Proceed” and Purchase Order is contingent upon the successful bid being within budget limits.  (Motion ADOPTED.)

 

AIRPORT ROAD BRIDGE REHABILITATION

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

 

WHEREAS, the City of Midland desires to improve the Airport Road Bridge over Sturgeon Creek in 2014; and

WHEREAS, the City of Midland was awarded a Local Bridge Program grant to rehabilitate said bridge at an estimated total construction cost of $540,000; and

WHEREAS, Contract 14-5192, prepared by MDOT and reviewed by the City Attorney, specifies a cost sharing agreement to be used for the project; and

WHEREAS, the City of Midland is responsible for a cost share of 5%, an amount equal to approximately $28,000; and

WHEREAS, the funding for the City share is available in the Major Street Fund; now therefore

RESOLVED, that City Council authorizes the Mayor and City Clerk to sign and execute the project cost share agreement with MDOT, related to said improvements.  (Motion ADOPTED.)

 

JACK BARSTOW AIRPORT CONSTRUCTION ADMIN SERVICES – PAVEMENT RECONST.

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

 

WHEREAS, a contract  agreement has been submitted to the City of Midland by Mead & Hunt, Inc. for construction administration services related to reconstruction of the terminal building apron pavement at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland supports having said construction administration  services rendered at an estimated city cost share of $2,500; now therefore

RESOLVED, that the City Council hereby approves the proposed construction administration 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;  and

RESOLVED FURTHER, that 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 5% in accordance with Federal, State, and local cost sharing formulas.  (Motion ADOPTED.)

 

2014 CURB REPLACEMENT & PAVEMENT PATCHING

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

 

WHEREAS, City Council awarded a construction contract for the 2011 Curb Replacement and Pavement Patching; Contract No. 3 to A.J. Rehmus & Son, Inc. on April 11, 2011 for the replacement of curbs and pavement patching on various local streets; and 

WHEREAS, the contractor also performed work in 2012 and 2013 honoring the unit prices bid in 2011; and

WHEREAS, A.J. Rehmus & Son, Inc. has agreed to complete work for the 2014 Curb Replacement and Pavement Patching Program for the unit prices that were bid in 2011 in the amount of $135,000.00; and

WHEREAS, funding for this work is provided by the Local Street Fund; now therefore

RESOLVED, that the City Manager is authorized to issue a purchase order to A.J. Rehmus & Son, Inc. for the 2014 Curb Replacement and Pavement Patching Program in the amount of $135,000.00.  (Motion ADOPTED.)

 

CONTRACTUAL REPAIR SERVICES PO INCREASE – WATER DISTRIBUTION

The following resolution was offered by Councilman Brown Wilhelm 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 excavations to make the repairs to the mains; and

WHEREAS, annual bids for out lawn 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 Swartz Creek, based on the unit prices received in January; and

WHEREAS, an increase of $42,000.00 to the existing purchase order is required to complete the inventory of needed restoration, and for work anticipated through June 30; and

WHEREAS, funding has been budgeted for this purpose in the 2013/14 Water Fund account #591.8285.93.036 – Repairs & Maintenance; now therefore

RESOLVED, that an increase of $42,000.00 to an existing purchase order of $20,000.00 to Lang Construction, Inc. of Swartz Creek is hereby authorized, bringing the total purchase order to $62,000.00 to provide restoration repairs to streets, sidewalks, and out lawns, 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 $5,000.00.  (Motion ADOPTED.)

 

ENVIRONMENTAL MONITORING PO INCREASE – LANDFILL

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

 

WHEREAS, the operation and environmental monitoring of the City of Midland Sanitary Landfill is regulated by the Michigan Department of Environmental Quality- Office of Waste Management and Radiological Protection (MDEQ); and

WHEREAS, the majority of testing is of groundwater and gas samples drawn from monitoring wells located throughout the Landfill property to detect potential contaminants leaching or migrating from the site; and

WHEREAS, a purchase order in the amount of $20,000.00 was administratively approved to TriMedia Environmental & Engineering Services of Marquette for this year’s routine environmental monitoring and reporting work; and

WHEREAS, work performed beyond the original scope included assistance with the resolution of compliance issues due to landfill gas detected at internal monitoring points, the repair of a damaged permanent well, and the replacement of several failed temporary gas detection wells, coupled with poor weather conditions throughout the winter contributed to increased travel and sampling time, resulting in additional expense to the landfill of up to $8,000.00; and

WHEREAS, funding for environmental monitoring needs is budgeted in the 2013/14 Landfill Account #517.8110.81.004 – Purchased Services Testing; now therefore

RESOLVED, that an increase of $8,000.00 to the existing purchase order of $20,000.00 to TriMedia Environmental & Engineering, bringing the total purchase order to $28,000.00, is hereby authorized for work performed outside of the original scope of routine environmental monitoring and reporting work.  (Motion ADOPTED.)

 

EVALUATION SERVICES – WATER TREATMENT PLANT HVAC IMPROVEMENTS

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

 

WHEREAS, the Midland Water Treatment Plant (WTP) is undertaking a project to evaluate the HVAC (heating, ventilation, and air conditioning) system and equipment located at the WTP; and

WHEREAS, on April 1, 2014 sealed proposals using a two-envelope process were received for Bid No. 3607, Evaluation Services for HVAC Improvements, with the intent of this process to select the most qualified consulting engineering firm, based on the Request for Qualifications (Envelope No. 1), while introducing an element of price competition into the process without making price the determining factor (Envelope No. 2); and

WHEREAS, the evaluation and scoring of the six Requests for Qualifications received resulted in four consulting firms being considered for pricing evaluation; and

WHEREAS, the Financial Proposals were scored and combined with the total scores of the Request for Qualifications to provide an overall highest rating of 86.3 for Tetra Tech, Inc. of Ann Arbor, while providing the second lowest bid price of $32,925.00; and

WHEREAS, funding has been budgeted for this purpose in the 2014 Fiscal Water Fund account #591.9010.97.020 - Capital Building & Additions; now therefore

RESOLVED, that the proposal submitted by Tetra Tech, Inc. is hereby accepted and a purchase order is authorized in an amount not to exceed $32,925.00 provide evaluation services for the HVAC system and equipment at the WTP; and

RESOLVED FURTHER, that City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

REPLACEMENT COILS FOR GRACE A. DOW MEMORIAL LIBRARY COOLING SYSTEM

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

 

WHEREAS, at a regular City Council meeting on August 12, 2013, Council authorized execution of an agreement with Remer Plumbing, Heating & Air Conditioning, Inc. for installation of the chiller and cooling tower equipment and other mechanical modifications to the heating and cooling systems at the Grace A. Dow Memorial Library; and

WHEREAS, in commissioning the chiller to activate the air conditioning, the contractor found that coils in two air handlers were not functioning and need to be replaced for the air conditioning to function throughout the building; and

WHEREAS, Trane is the sole provider of the coils for the equipment at a cost of $21,753; and

WHEREAS, funds are available in the 2013-2014 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby approves the purchase of  the coils needed for the cooling system at the Grace A. Dow Memorial Library from Trane in an amount not to exceed $21,753; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders in an aggregate amount not to exceed $5,000.   (Motion ADOPTED.)

 

INSTALLATION OF REPLACEMENT COILS FOR GRACE A. DOW MEMORIAL LIBRARY

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

 

WHEREAS, at a regular City Council meeting on August 12, 2013, Council authorized execution of an agreement with Remer Plumbing, Heating & Air Conditioning, Inc. for installation of the chiller and cooling tower equipment and other mechanical modifications to the heating and cooling systems at the Grace A. Dow Memorial Library; and

WHEREAS, a change order for $25,554 to replace coils in two air handlers that circulate air for the cooling system at the Grace A. Dow Memorial Library has been submitted by Remer Plumbing, Heating & Air Conditioning, Inc.; and

WHEREAS, funds are available in the 2013-2014 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby approves adding the change order to the contractor’s agreement to replace coils needed for the cooling system at the Grace A. Dow Memorial Library in an amount not to exceed $25,554; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders in an aggregate amount not to exceed $5,000.   (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:00 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk