CITY OF GARDEN CITY REGULAR COUNCIL MEETING MINUTES May 2, 2016

The Mayor and Council of the City of Garden City met in Regular Session on Monday, May 2, 2016, at 7:00p.m. in the Council Chambers of the Civic Center, 6000 Middlebelt, Garden City, .

REGULAR MEETING

Present were Mayor Walker, Councilmembers Squires, Kerwin, Lynch, King, McKarge and Jacobs.

Also present were City Manager Muery, Clerk Treasurer Bettis, DPS Director Roney, Fire Chief Harman, Parks Director Plamondon, and DDA Director Dold.

 Item #16-05-070 - Moved by Lynch; supported by Squires: RESOLVED: To approve the meeting agenda, as presented. AYES: Unanimous ABSENT: None

Community Announcements, Comments from State & County Officials, and Petitions & Communications

 Mayor Walker and County Commissioner Glenn Anderson presented resolutions of recognition to Jaime Beccaccio for her achievement as Parent Teacher Student Association (PTA/PTSA) Member of the Year by the Michigan PTA.  State Senator and State Representative Julie Plawecki also presented resolutions of recognition to Jaime Beccaccio.  Councilmember Kerwin presented a resolution of recognition to Curt Blankenship for his 60 years of service with the Garden City Youth Athletic Association (GCYAA).  Senator Knezek updated all on state shared revenues, school funding, state energy policy, the Flint water crisis, and the Grand Rapids Home for Veterans.  Representative Plawecki discussed school funding, the omnibus budget, juvenile justice system, and veteran issues.  Commissioner Anderson talked about the Wayne County Parks millage renewal.

The Mayor announced it was time for public comments on the proposed Capital Improvement Plan (CIP) for FYE 201-2021.  There was no comment made.

 Item #16-05-071 - Moved by Lynch; supported by Squires: RESOLVED: To approve the consent agenda, as follows:

1. Approve Minutes of the Regular Council Meeting of April 18, 2016, and the Special Council Meeting of April 25, 2016 2. Receive, Note, and File Parks & Recreation Commission Meeting Minutes of January 26, 2016, and March 22, 2016 3. Resolution of Recognition – Curt Blankenship 4. Resolution of Recognition – Jaime Beccaccio

AYES: Unanimous ABSENT: None

The following items were discussed by Council as a whole: 1. Council approval of DDA credit application 2. Water/Sewer Rate Ordinance 3. Garden City Lions Club – White Cane Street Sales 4. Second Chance Network – Street Solicitation 5. Amend Resolution for Determination of Necessity – 2016 Sidewalk Program 6. FY 2016-17 General Appropriations and Tax Levy Ordinance 7. Salary Ordinance - TPOAM 8. TPOAM Collective Bargaining Agreement 2014-2020 9. Tentative Award of Sectional Sanitary Sewer Lining Contract 10. Award of Full Length Sanitary Sewer Lining Contract 11. Two Year Bid Award for Asphaltic Mixes 12. Wayne County Annual Road Permits for Calendar Year 2016 13. Contract to Purchase pavement Cracksealant 14. 2016 Sidewalk Program Construction Contract Award 15. Comprehensive Fee Schedule

 Item #16-05-072 - Moved by Lynch; supported by McKarge: RESOLVED: To approve the submission of a credit application to CGE Energy by the Downtown Development Authority (DDA) to finance the purchase of upgrades to district streetlamps. AYES: Unanimous. ABSENT: None.

 Item #16-05-073 - Moved by McKarge; supported by Squires: RESOLVED: To introduce the following Water/Sewer Rate ordinance, and call for a public hearing to be held on Monday, June 6, 2016 at 7:00 pm.

ORDINANCE 16-xxx

AN ORDINANCE AMENDING THE WATER AND SEWER RATES AND CHARGES, SECTIONS 53.02 THROUGH 53.05 OF CHAPTER 53 OF TITLE V OF THE CODE OF THE CITY OF GARDEN CITY; PROVIDING FOR RATES AND CHARGES FOR WATER AND SEWER SERVICE; PROVIDING FOR OFFSETTING THE EXPENSE INCURRED BY THE CITY IN PROVIDING WATER AND SEWAGE DISPOSAL; PROVIDING FOR METERING OF CONSUMPTION OF WATER; PROVIDING FOR BILLING FOR WATER AND SEWAGE DISPOSAL SERVICES; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OR SEVERABILITY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

THE CITY OF GARDEN CITY ORDAINS:

SECTION 1. AMENDMENT TO THE CODE.

Sections 53.02 through 53.05, of the City Code are hereby amended to read as follows:

53.02. BASIS OF CHARGES AND RATES; WATER AND SEWAGE DISPOSAL SERVICE. (A) Water service and sewer disposal service rates shall be based on water consumption as measured by a meter installed on the premises of the water supply customer by the Department. Sewage disposal service rates shall be based on water consumption as determined by the meter installed on the premises of the sewage disposal customer. No free water service or sewage disposal service shall be furnished to any person or property.

(B) Rates and charges for the use of the sewage disposal system of the city shall be based upon the methodology in the User Charges System approved by the Michigan Department of Natural Resources. Revisions to the rates and charges for water service and sewage disposal service shall be established by Resolution of the City Council which shall be enacted apart from the published ordinances as necessary to ensure sufficiency of revenue in meeting operation, to meet operational, maintenance and replacement costs, as well as debt service.

(C) User charges hereby established for operational, maintenance and replacement costs shall be subject to annual review. User charges shall be the same for all customers of the system regardless of geographical boundaries subject to Section 53.03(c).

53.03. WATER SUPPLY RATES.

(A) Consumption base rate $26.93 per 1,000 cubic feet of water. (B) Annual fixed user charges, in addition to those in division (A) above: $52.44 (C) Service outside City. Water service rates charged for water service outside the City shall be 150% of the rates and charges set forth in division (A) and (B) above, or as may hereafter be established for City water service by City Council Resolution.

53.04. SEWAGE DISPOSAL RATES.

(A) Consumption base rate, including excess sewage: $48.68 per 1,000 cubic feet. (B) Annual fixed user charges: $52.44

(C) Sewage disposal rates outside the City. Charges for sewage disposal service to premises outside the city shall be 150% of the rates and charges set forth in division (A) and (B) above or as may hereafter be established for sewage disposal service by City Council Resolution.

(D) Industrial waste control (IWC) charge. All non-residential users shall pay an IWC charge based on meter size. This is a flat rate without regard to consumption. Rates shall be based on meter size as prescribed by the wholesale supplier.

(E) Industrial waste surcharge. Commercial and industrial users who discharge wastes into the public wastewater system in excess of the strength of normal sewage shall be charged a surcharge which reflects their equitable share of the costs of wastewater treatment. The surcharge shall be determined as follows.

(1) Purpose and objective. This section has as its purpose the protection of public health and safety, and because of the widely varying quality characteristics of the sewage discharged by different users of the public sewer and the publicly-owned treatment works, it is the objective of this section to impose sewage charges which reflect the cost of treating sewage strength factors as well as sewage volume. These charges to commercial and industrial users will be in the form of a payment called a surcharge and will reflect industries equitable costs of wastewater treatment in excess of the strength of the domestic sewage. Sewage charge will be based on a volume rate and surcharge based on volume of discharge and the strength of BOD, suspended solid, phosphorous, fats, oil and grease or other pollutants present in the wastewater. In the event other pollutants are required to be surcharged under this subchapter, authorized variances, or by special arrangements with the owner of the publicly-owned treatment works, the rules and regulations adopted herein will apply, the rules and regulations being on file with the City Clerk.

(2) Authority. This section is adopted pursuant to and in accordance with the requirements of Federal Law Clean Water Act, 33 USC 1231 et seq. and applicable Federal Regulations, the requirements of the Settlement Agreement in U.S. v City of , et al, Civil Action #7-71111.

(3) Industrial waste pollutant strength surcharges. It is ordained that the Schedule of Industrial Waste Pollutant Strength Surcharges is hereby adopted and made effective for users of the wastewater system of the city. The surcharges are to be computed as follows.

Computation of Industrial Waste Pollutant Strength Surcharge

The industrial waste pollutant strength surcharge shall be computed in accordance with the following formula.

SC = 0.0624 V a(BOD-275) + b(TSS-350)+c(P-12)+d(FOG-100)

In which the following apply.

SC = Pollutant strength surcharge fee in dollars for the billing period in Mcf (1000 cubic feet). V = Volume of waste discharged in the billing period in Mcf (1000 cubic feet). BOD = Five-day biochemical oxygen demand of the waste expressed in milligrams per liter (ppm). TSS = Total suspended solids in the waste expressed in milligrams per liter (ppm). P = Phosphorus in the waste expressed in milligrams per liter (ppm). FOG = Fats, oils, and grease expressed in milligrams per liter (ppm). a, b, c, d = Surcharge rates, $/pound for treating BOD, TSS, P, and FOG respectively. 0.0624 = Factor which converts Mcf to MM lbs. a = $.254.285/pound. b = $324.341/pound. c = $3.7293.862/pound. d = $.221/2.55/pound.

(4) Compliance required. In accordance with the basic service agreement between the city, the county, and the Wayne County Board of Public Works or other properly designated agent of the county named pursuant to M.C.L.A. §§ 46.171 through 46.185, and M.C.L.A. §§ 123.71 et seq., this section provides that any person, firm, or corporation discharging wastewater into the publicly-owned sewer system shall comply with the standards, rules and regulations controlling the quality or quantity of discharge or wastewater into the system. The standards, rules, and regulations shall be established from time to time by the county or its designated agent.

53.05. BILLING.

(A) All meters shall be read and all water service and sewage disposal service shall be billed and collected no less than quarterly (every three months) or more often. All bills shall be immediately due and payable, and may be paid without penalty by the due date shown thereon.

(B) The charges set forth in §§ 53.03 and 53.04 shall be effective as to bills paid on or before the due date, which date shall be clearly marked upon the face of the bill. The bill shall be mailed to the customer at least 14 calendar days prior to the due date. If a bill is not paid on or before the due date, a penalty of 10% shall be added to the amount thereof.

SECTION 2. VIOLATION AND PENALTY.

Any person or entity that violates any provision of this Ordinance may, upon conviction, be fined not more than Five Hundred ($500.00) Dollars or imprisoned not more than Ninety (90) days, or both, in the discretion of the court.

SECTION 3. SEVERABILITY.

If any clause, sentence, section, paragraph or part of this Ordinance, or the application thereof to any person, firm, corporation, legal entity or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is severable, and that the Ordinance would have been adopted had such invalid or unconstitutional provision not have been included in this Ordinance.

SECTION 4. REPEAL OF CONFLICTING ORDINANCES.

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

SECTION 5. SAVINGS CLAUSE.

All rights and duties which have matured, penalties which have been incurred, proceedings which have begun and prosecution for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.

SECTION 6. PUBLICATION. The Clerk for the City of Garden City shall cause this Ordinance to be published in the manner required by law.

SECTION 7. EFFECTIVE DATE. This Ordinance, as amended, shall take full force and effect on July 1, 2016 after publication as required by law.

AYES: Unanimous. ABSENT: None.

 Item #16-05-074 - Moved by Squires; supported by King: *This resolution was reconsidered and amended on May 2, 2016 (Item# 16-05-089) RESOLVED: To grant permission to the Garden City Lions Club to hold their annual White Cane Street Sales on May 6, 7, 13, and 14, 2016 at the intersections of Ford & Merriman, Ford & Middlebelt, Middlebelt & Warren, and Ford & Venoy, subject to receipt of a valid hold harmless agreement by each participant in accordance with the City policy of on-street sales. This resolution was reconsidered and amended on May 2, 2016 (Item# 16-05-089) AYES: Unanimous. ABSENT: None.

 Item #16-05-075 - Moved by Squires; supported by King: RESOLVED: To grant permission to the Second Chance Network to solicit donations from June 1, 2016 — June 4, 2016, from 8:00 a.m. — 4:00 p.m. at the intersections of Ford & Merriman, Ford & Middlebelt, Middlebelt & Warren, and Ford & Venoy, subject to the maintenance of required insurance and a valid hold harmless agreement by each participant in accordance with the City policy of on-street sales with each participant is required to wear a ANSII-approved reflective safety vests. AYES: Unanimous. ABSENT: None.

 Item #16-05-076 - Moved by King; supported by McKarge: RESOLVED: To amend the motion (16-04-065) relating to the determination of necessity for the 2016 Sidewalk Program adopted at the meeting of 4/18/16, changing the interest rate and number of installment as shown and as consistent with the prior years' program.

SPECIAL ASSESSMENT RESOLUTION #3 2016 SIDEWALK PROGRAM DETERMINATION OF NECESSITY

WHEREAS, the Council having, held a public hearing of Necessity on May 2, 2016, on the 2016 Sidewalk Repair Program; and

WHEREAS, the Council having determined the necessity of said improvement at a regular council meeting on May 2, 2016, and determined that the cost be defrayed by a Special Assessment upon the properties specially benefited; and

NOW, THEREFORE, BE IT RESOLVED, pursuant to §40.05, that the assessments for this program be divided into five (5) annual installments, payable on the 1st of December and each year from 2016 to 2020 inclusive; and shall bear interest at the rate of four (4) percent per annum commencing December 1, 2016 said interest to be paid annually on the due dates of the principal installments; and

BE IT FURTHER RESOLVED, that the City Assessor be directed to prepare a Special Assessment Roll, henceforth known as District No. 4228 for the properties in said district that have been specially benefited.

AYES: Unanimous. ABSENT: None.

 Item #16-05-077 - Moved by Lynch; supported by King: RESOLVED: To introduce the FY 2016-17 General Appropriations and Tax Levy Ordinance and call for a public hearing on Monday, June 6, 2015, at 7:00pm.

ORDINANCE NO. A16-xxx

AN ORDINANCE TO PROVIDE FOR THE ANNUAL APPROPRIATIONS FOR THE CITY OF GARDEN CITY, WAYNE COUNTY, MICHIGAN, FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2016, AND ENDING ON JUNE 30, 2017.

THE CITY OF GARDEN CITY ORDAINS:

SECTION 1: MILLAGE LEVIES AUTHORIZED.

In order to defray expenditures and meet the liabilities for the City of Garden City for Fiscal Year 2016/2017, the following millage levies are hereby adopted: 13.8403 mills for general operating purposes; 0.8200 mills for garbage and rubbish collection and disposal; 2.9745 mills for judgment debt; 1.0000 mills for Library; and 3.5000 mills for Police and Fire. The total millage levy shall be 19.1603 mills per $1,000 of taxable valuation within the city.

SECTION 2: BUDGETARY APPROPRIATIONS ADOPTED.

The following appropriations, representing the various budgetary centers of the Fiscal Year 2016/2017 Budget as defined by Public Act 621 of 1978, as amended, are hereby adopted for the City of Garden City, Wayne County, Michigan, for the Fiscal Year 2016/2017 as shown below in the estimated revenue and expenditures summaries of the Fiscal Year 2016/2017 budget document:

GENERAL FUND SUMMARY REVENUES EXPENDITURES General Property Taxes 7,510,497 Mayor & Council 37,418 Business Licenses/Permits 30,000 21st District Court 985,112 Non-Business 13,000 City Admin/Personnel 281,392 Licenses/Permits State Shared Revenues 3,777,617 Clerk-Treasurer 1,043,067 Grants – Local Units 1,466,710 General Services 1,449,830 Charges for Services 759,460 Transfers to Other Funds 7,501,053 Fines and Forfeits 894,500 Dept. of Public Services 1,942,221 Miscellaneous Revenue 1,031,400 Parks and Recreation 1,017,857 Contributions/Public 325,000 Community Resources Enterprises 1611868 Contributions/Other 334,786 Boards & Commissions 7,650 Funds Debt Service 265,502

TOTAL REVENUES: 16,142,970 TOTAL EXPENDITURES: 16,142,970

MAJOR STREETS FUND SUMMARY REVENUES EXPENDITURES Gas & Weight Tax 1,301,995 Expenditures 1,337,995 Interest on Investments 1,000 Federal Grants State Grants 35,000 Use of Fund Balance

TOTAL REVENUES: 1,337,995 TOTAL EXPENDITURES: 1,337,995

LOCAL STREETS FUND SUMMARY REVENUES 531,801 EXPENDITURES 1,914,846 Gas & Weight Tax 682,745 Expenditures Transfer in from Major

Streets METRO Act Revenue 75,000 Interest on Investments 300 Grant Revenue 35,000 Use of Fund Balance 590,000 TOTAL REVENUES: 1,914,846 TOTAL EXPENDITURES 1,914,846

PUBLIC SAFETY FUND SUMMARY REVENUES EXPENDITURES Tfr from Gen’l Fund 7,050,546 Trf from 911 Fund 140,100 Police 5,873,870 PS Millage – Real 1,597,288 Fire 3,471,758 PS Millage – Personal 82,654 Charges, Interest, Penalties 1,100 Police Revenues 27,140 Fire Revenues 419,800 Grants 27,000

TOTAL REVENUES: 9,345,628 TOTAL EXPENDITURES: 9,345,628

STREET LIGHTING FUND SUMMARY REVENUES EXPENDITURES Revenues 350,500 Expenditures 450,500 Gen’l Fund 100,000 Contribution Use of Fund Balance

TOTAL REVENUES: 450,500 TOTAL EXPENDITURES: 450,500

911 FUND SUMMARY REVENUES EXPENDITURES Revenues 140,000 Expenditures Interest on Investments 100 Increase Fund Balance Use of Fund Balance Transfer to Pub. Saf. Fund 140,100

TOTAL REVENUES: 140,100 TOTAL EXPENDITURES: 140,100

CABLE FRANCHISE P.E.G. FEE FUND SUMMARY REVENUES EXPENDITURES CATV PEG Fees 90,000 Personnel 112,812 Grants 22,800 Expenditures 40,750 Transfer from Gen’l 40,742 Fund Interest 20 TOTAL REVENUES: 153,562 TOTAL EXPENDITURES: 153,562

COMMUNITY DEVELOPMENT BLOCK GRANT FUND SUMMARY REVENUES EXPENDITURES CDBG Grant 163,000 Expenditures Housing Rehabilitation 124,750 ADA Compliance Public Service Activities 22,950 Administration 12,000 Planning 3,300

TOTAL REVENUES: 163,000 TOTAL EXPENDITURES: 163,000

BUILDING DEPARTMENT FUND SUMMARY REVENUES EXPENDITURES Building 427,248 Building 487,013 Planning 84,135 Planning 84,135 Trf from Other Funds 59765

TOTAL REVENUES: 571,148 TOTAL EXPENDITURES: 571,148

POLICE DRUG FORFEITURE FUND SUMMARY REVENUES EXPENDITURES Confiscations 15,000 Expenditures 30,050 Interest on Investments 50 Use of Fund Balance 15000

TOTAL REVENUES: 30,050 TOTAL EXPENDITURES: 30,050

HOUSING REHABILITATION REVOLVING FUND SUMMARY REVENUES EXPENDITURES Repayments of Loans 10,000 Housing Rehabilitation 10,000

TOTAL REVENUES: 10,000 TOTAL EXPENDITURES: 10,000

CAPITAL IMPROVEMENT PROJECTS FUND SUMMARY REVENUES EXPENDITURES Trf in from General Fund 200,000 Grant Revenue Patrol Cars 75,000 Use of Fund Balance 31,000 Citywide MIS 116,150 Interest on Investments 150 Other Expenditures 40,000

TOTAL REVENUES: 231,150 TOTAL EXPENDITURES: 231,150

WATER/SEWER FUND SUMMARY REVENUES EXPENDITURES Water/Sewer Revenue 8,619,811 Water Distribution 2,929,513 Other Revenue 4,720,000 Sewage Disposal 8,368,362 Decrease Retained 1,347,780 Personnel/Administration 3,389,716 Earnings

TOTAL REVENUES: 14,687,591 TOTAL EXPENDITURES: 14,687,591

RUBBISH COLLECTION FUND SUMMARY REVENUES EXPENDITURES Revenues 1,668,000 Expenditures 1,668,500 General Fund Transfer Use of Fund Balance Interest on Investments 500

TOTAL REVENUES: 1,668,500 TOTAL EXPENDITURES: 1,668,500

DOWNTOWN DEVELOPMENTAUTHORITY FUND SUMMARY REVENUES EXPENDITURES Tax Revenue 496,133 Projects 223,570 Use of Fund Balance 79,367 Administration 156,259 Interest on Investments Debt Service 227,471 Misc Revenue 31,800

TOTAL REVENUES: 607,300 TOTAL EXPENDITURES: 607,300

LIBRARY FUND SUMMARY

REVENUES EXPENDITURES Millage 478,300 Personnel 278,997 Other Revenues 42,000 Operating/Services 12,405 Use of Fund Balance Professional/Tech Services 174,100 Capital Outlay 54,798

TOTAL REVENUES: 520,300 TOTAL EXPENDITURES: 520,300

ALL FUNDS SUMMARY REVENUES – ALL FUNDS: $47,874,640 EXPENDITURES – ALL FUNDS: $$47,874,640 Note: Total of all funds includes transfers between funds.

AYES: Unanimous. ABSENT: None.

 Item #16-05-078 - Moved by Squires; supported by Jacobs: RESOLVED: To introduce the following ordinance establishing the salaries/wages of the Technical, Professional, and Office Workers Association of Michigan (TPOAM)— City of Garden City unit, and call for a public hearing on Monday, May 16, 2016 at 7:00pm. SEE ATTACHED AYES: Unanimous. ABSENT: None.

 Item #16-05-079 - Moved by Jacobs; supported by Kerwin: RESOLVED: To approve the bargaining agreement between the City of Garden City and the Technical, Professional, and Office Workers Association of Michigan (TPOAM), for the period of July 1, 2014 through June 30, 2020, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. AYES: Unanimous. ABSENT: None.

 Item #16-05-080 - Moved by Kerwin; supported by Jacobs: RESOLVED: To approve the following resolution tentatively awarding a contract for Sectional Sanitary Sewer Lining to Liquiforce Services USA of Romulus, Michigan, in an amount not to exceed $2,808,735.00, contingent upon State financing.

A RESOLUTION TO TENTATIVELY AWARD A CONSTRUCTION CONTRACT FOR WASTEWATER SYSTEM IMPROVEMENTS SRF SECTIONAL CURED-IN-PLACE PIPE LINING PROGRAM

WHEREAS, the City of Garden City wishes to construct improvements to its existing wastewater treatment and collection system; and

WHEREAS, the wastewater system rehabilitation project, consisting of sectional cured-in-place pipe lining installation, submitted to the Michigan Department of Environmental Quality on July 1, 2015 and formally adopted will be funded through Michigan’s State Revolving Fund Loan Program; and

WHEREAS, the City of Garden City has sought and received construction bids for the proposed improvements and has received a low bid in the amount of $2,649,750.00 from Liquiforce Services of Romulus, Michigan ; and

WHEREAS, the project engineer, Hennessey Engineers, Inc. of Southgate, Michigan has recommended awarding the contract to the low bidder.

NOW THEREFORE BE IT RESOLVED, that the City of Garden City tentatively awards the contract for construction of the proposed wastewater system rehabilitation project, consisting of the installation of sectional cured-in-place pipe lining, to Liquiforce Services of Romulus, Michigan, including a six (6) percent contingency for a total of $2,808,735.00, contingent upon successful financial arrangements with the State Revolving Fund Loan Program.

AYES: Unanimous. ABSENT: None.

 Item #16-05-081 - Moved by Kerwin; supported by Squires: RESOLVED: To approve the following resolution tentatively awarding a contract for full length sanitary sewer lining to Inland Waters Pollution Control, Inc. of Detroit, Michigan, in an amount not to exceed $1,891,289.10, contingent upon State financing.

A RESOLUTION TO TENTATIVELY AWARD A CONSTRUCTION CONTRACT FOR WASTEWATER SYSTEM IMPROVEMENTS SRF FULL LENGTH CURED-IN-PLACE PIPE LINING PROGRAM

WHEREAS, the City of Garden City wishes to construct improvements to its existing wastewater treatment and collection system; and

WHEREAS, the wastewater system rehabilitation project, consisting of full length cured-in-place pipe lining installations submitted to the Michigan Department of Environmental Quality on July 1, 2015 and formally adopted will be funded through Michigan’s State Revolving Fund Loan Program; and

WHEREAS, the City of Garden City has sought and received construction bids for the proposed improvements and has received a low bid in the amount of $1,784,235.00 from Inland Waters Pollution Control of Detroit, Michigan ; and

WHEREAS, the project engineer, Hennessey Engineers, Inc. of Southgate, Michigan has recommended awarding the contract to the low bidder.

NOW THEREFORE BE IT RESOLVED, that the City of Garden City tentatively awards the contract for construction of the proposed wastewater system rehabilitation project, consisting of full length cured-in-place pipe lining installations to Inland Waters Pollution Control of Detroit, Michigan, including a six (6) percent contingency for a total of $1,891,289.10, contingent upon successful financial arrangements with the State Revolving Fund Loan Program.

AYES: Unanimous. ABSENT: None.

 Item #16-05-082 - Moved by Lynch; supported by McKarge: RESOLVED: To award a two-year contract for the purchase of asphaltic mixes to Ajax Materials Corporation of Troy, MI at the per ton bid price. AYES: Unanimous. ABSENT: None.

 Item #16-05-083 - Moved by Squires; supported by Jacobs: RESOLVED: To approve the following resolution authorizing execution of Annual Maintenance, Special Events and pavement Restoration permits with Wayne County for calendar year 2016.

WHEREAS, the City of Garden City (hereinafter the “Community”) periodically applies to the County of Wayne Department of Public Services, Engineering Division Permit Office (hereinafter the “County”) for permits to conduct emergency repairs, annual maintenance work, and for other purposes on local and County roads located entirely within the boundaries of the Community, as needed from time to time to maintain the roads in a condition reasonably safe and convenient for public travel;

WHEREAS, pursuant to Act 51 of 1951, being MCL 247.651 et seq., the County permits and regulates such activities noted above and related temporary road closures;

NOW THEREFORE, BE IT RESOLVED, in consideration of the County granting such permit (hereinafter the “Permit”), the Community agrees and resolves that:

Any work performed for the Community by a contractor or subcontractor will be solely as a contractor for the Community and not as a contractor or agent of the County. Any claims by any contractor or subcontractor will be the sole responsibility of the Community. The County shall not be subject to any obligations or liabilities by vendors and contractors of the Community, or their subcontractors.

The Community shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the Permit which results in claims being asserted against or judgment being imposed against the County, and all officers, agents and employees thereof pursuant to a maintenance contract. In the event that same occurs, for the purposes of the Permit, it will be considered a breach of the Permit thereby giving the County a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages.

With respect to any activities authorized by Permit, when the Community requires insurance on its own or its contractor’s behalf, it shall also require that such policy include as named insured the County of Wayne and all officers, agents and employees thereof. The incorporation by the County of this Resolution as part of a permit does not prevent the County from requiring additional performance security or insurance before issuance of a Permit.

This Resolution stipulates that the requesting Community shall, at no expense to Wayne County, provide necessary police supervision, establish detours and post all necessary signs and other traf fic control devices in accordance with the Michigan Manual of Uniform Traffic Control Devices.

This Resolution stipulates that the requesting Community shall assume full responsibility for the cost of repairing damage done to the County road during the period of road closure or partial closure.

This Resolution shall continue in force from the date of execution until cancelled by the Community or the County with no less than thirty (30) days prior written notice to the other party. It will not be cancelled or otherwise terminated by the Community with regard to any Permit which has already been issued or activity which has already been undertaken.

The Community stipulates that it agrees to the terms of the County of Wayne permit at the time a permit is signed by the Community’s authorized representative.

BE IT FURTHER RESOLVED, that the following individual(s) is/are authorized in their official capacity as the Community’s authorized representative to sign and so bind the Community to the provisions of any and all permits applied for to the County of Wayne, Department of Public Services Engineering Division Permit Office for necessary permits from time to time to work within County road right-of-way or local roads on behalf of the Community.

AYES: Unanimous. ABSENT: None.

 Item #16-05-084 - Moved by Lynch; supported by Squires: RESOLVED: To award a two-year contract for purchase of Cracksealant from McAsphalt Industries, of Toronto, Canada at bid unit prices in an amount not to exceed $14,080.00 per fiscal year. AYES: Unanimous. ABSENT: None.

 Item #16-05-085 - Moved by Lynch; supported by King: RESOLVED: To award a contract for the 2016 Sidewalk Program to A-Land Construction, Inc., of Dearborn, Michigan in an amount of $138,250.00. AYES: Unanimous. ABSENT: None.

 Item #16-05-086 - Moved by Squires; supported by King: RESOLVED: To amend the Comprehensive Fee Schedule, pursuant to §12.01, modifying various rates/charges as presented. Tabled.

 Item #16-05-087 - Moved by Lynch; supported by Jacobs: RESOLVED: To table the motion (Item# 16-05-086) to amend the Comprehensive Fee Schedule. AYES: Unanimous. ABSENT: None.

Mayor Walker announced it was time for public comment.

 Jim Anthony, GCYAA, thanked Council, honored Curt Blankenship, and invited all to Opening Day.  Michael Jones, Garden City, gave kudos to elected officials who supported Kiwanis prayer breakfast.

 Item #16-05-088 - Moved by Lynch; supported by Kerwin: RESOLVED: To reconsider the motion (Item# 16-05-074) to grant permission the Garden City Lions Club and street solicitations. AYES: Unanimous. ABSENT: None.

 Item #16-05-089 - Moved by Lynch; supported by Squires: RESOLVED: To grant permission to the Garden City Lions Club to hold their annual White Cane Street Sales on May 6, 7, 13, and 14, 2016, from 8:00 a.m. — 4:00 p.m. at the intersections of Ford & Merriman, Ford & Middlebelt, Middlebelt & Warren, and Ford & Venoy, subject to receipt of insurance documentation and a valid hold harmless agreement by each participant in accordance with the City policy of on-street sales with each participant is required to wear a ANSII-approved reflective safety vests. AYES: Unanimous. ABSENT: None.

There being no further business before Council, the meeting was then adjourned. ALLYSON M. BETTIS City Clerk/Treasurer