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HomeMy WebLinkAboutInterlocal Agreements - 2021.06.17 - 34939 November 2, 2021 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On June 17, 2021, the Board of Commissioners for Oakland County entered into an agreement per MR #21258 – Information Technology – Modifications to the Comprehensive I.T. Services Interlocal Agreements. As required by Urban Cooperation Act 7 of 19 67 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the City of Wixom, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland C ounty Sharon Cullen, Corporation Counsel, Oakland County Kim McCabe, IT Project Specialist, Oakland County Catherine Buck, Clerk, City of Wixom Enclosures David T. Woodward (Nov 1, 2021 18:54 EDT) Jo Ann Stringfellow (Nov 1, 2021 19:13 EDT) 1$ѵ**2- Ҋ.$") спсрҊррҊпрпхѷфу 2**2-ҽ*&"*1ѵ*( *))/-$)"! ''*2 Ҋ.$") спсрҊррҊпрпцѷрт ./-$)"! ''*2%ҽ*&"*1ѵ*( &')*0)/4 $") CITY OF WIXOM 49045 PONTIAC TRAIL REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 28, 2021 Mayor Beagle called the meeting to order at 7:02 p.m. and the Pledge of Allegiance was recited. Present: Mayor: P. Beagle Deputy Mayor: T. Rzeznik Councilmembers: P. Behrmann K. Gottschall T. Gronlund-Fox P. Sharpe R. Smiley AGENDA CHANGES: (None) MINUTES: CM-09-137-21: Moved and seconded by Councilmembers Smiley and Behrmann to approve the Regular City Council meeting minutes of September 14, 2021. Vote: Motion Carried CORRESPONDENCE: (None) CALL TO THE PUBLIC: Russ Meredith, 378 Fletcher, indicated that he wanted to speak in reference to New Business #1 and New Business #2. He often used the Air Line Trail and believed the trail was a tremendous asset to the City. He rode his bike from West Bloomfield to the Huron Valley Trail and noticed more people using the City of Wixom’s section of the trail than any other location. He thought cities desperately tried to find ways to get people from the bike paths to their downtown. He asked for Council’s support in extending the Air Line Trail to downtown Wixom so patrons could visit the downtown businesses and restaurants. He was in favor of a stop sign at Theodore and Fletcher Street. He lived at that corner and initially there wasn’t a problem because Fletcher Street ended at his home. Since new development and the extension of Fletcher Street, that intersection had become a concern. He witnessed and been part of many “almost” car accidents because there wasn’t a stop sign on westbound Theodore and Fletcher Street. CITY MANAGER REPORTS: 1.) Departmental Monthly Report – August 2021 Councilmember Sharpe asked how long the lane work would take on southbound Wixom Road at West. Mr. Sikma thought the work shouldn’t take more than a few more days. Councilmember Gronlund-Fox asked if there had been any interest in the former 7/11 property. Mr. Benson said he recently had a meeting with the property owner and property realtor with the hopes to generate some interest. Wixom City Council Meeting___________September 28, 2021 _______Page 2 Councilmember Gottschall asked if the deer management survey had been closed and was curious about the responses. Mr. Benson said the survey was closed on September 20th and they received 240 responses. He said the community did not seem too concerned about the deer. He would provide a summary report with highlights in regards to the survey soon. Deputy Mayor Rzeznik asked for clarification on the 34% hold on Ready Development in the Economic Development report. Mr. Benson said they were on hold simply because they were not ready. He indicated his focus was to work on the larger tasks, such as the DDA Master Plan and the Village Center Area Ordinance update. They had taken care of the small items like content and website updates. Deputy Mayor Rzeznik wondered how long this would take. Mr. Benson optimistically thought 1 ½ to 2 years because the projects took time as they required community involvement, business engagement, data, design and coordination. Deputy Mayor Rzeznik said they hadn’t been eligible for a number of grants due to lack of certification. He was eager for completion so they could pursue grant funding. Councilmember Gronlund-Fox thanked Ms. Kulas Rosenthal for her efforts with the community and noted that she was a big proponent of the veteran’s luncheon. Mayor Beagle questioned how the business that exceeded the fat, oil and grease limit was high when they didn’t serve food. Mr. John said one grease trap inhabited three establishments that served food. He used that particular address as a central location point for the report. CONSENT AGENDA: CM-09-138-21: Motion and seconded made by Councilmembers Sharpe and Gronlund-Fox to approve the Consent Agenda as presented which included: 1.) Approval to receive and file: a.) Planning Commission Minutes – August 2, 2021 b.) Zoning Board of Appeals Minutes – August 9, 2021 Vote: Motion Carried UNFINISHED BUSINESS: (None) NEW BUSINESS: 1.) Recommendation to Certify the Transportation Alternatives Program Grant from the Michigan Department of Transportation, Authorize the Phase 2: MI Air Line and Huron Valley Trail Extension Project and Adopt the Authorizing Resolution CM-09-139-21: Motion and seconded made by Deputy Mayor Rzeznik and Councilmember Behrmann to certify the Transportation Alternatives Program Grant from the Michigan Department of Transportation, authorize the Phase 2: MI Air Line and Huron Valley Trail Extension Project and adopt the following authorizing resolution: Wixom City Council Meeting___________September 28, 2021 _______Page 3 RESOLUTION 2021-42 IN SUPPORT OF TAP PROJECT IMPLEMENTATION FOR THE PHASE 2: MI AIR LINE & HURON VALLEY TRAIL EXTENSION PROJECT FUNDED BY APPROVED TAP GRANT #2021-022; JN213222 WHEREAS, the Transportation Alternatives Program (TAP) is a competitive grant program administered in Michigan by the Michigan Department of Transportation (MDOT) that uses federal transportation funds designated by Congress for projects such as walking and biking paths, pedestrian and bicycle safety improvements and preservation of historic transportation facilities that enhance Michigan’s intermodal transportation system and provide safe alternative transportation options; and WHEREAS, the City of Wixom, in partnership with Charter Township of Milford, was awarded a conditional commitment for the TAP funding for the development of 2.4 miles of non- motorized shared use path (approximately 1.4 miles of the MI Air Line Trail and 1.0- mile of the Huron Valley Trail) between Old Plank Rd and Wixom Rd; and WHEREAS, the City of Wixom and the Charter Township of Milford have worked with the engineering firm of Hubbell, Roth & Clark by way of a grant from the Ralph C. Wilson, Jr. Foundation to design and provide cost estimates for the entire project which includes shared use path, trail/road intersection improvements and traffic control devices; and WHEREAS, the cost for the Phase 2: MI Air Line & Huron Valley Trail Extension Project has been estimated to be $2,449,166; and WHEREAS, the City of Wixom will enter into a local cost participation agreement with the Charter Township of Milford for $275,410 in required local match for the project; and WHEREAS, the City of Wixom accepts the TAP award grant amount of $1,497,828 (61.16%) and agrees to commit the required 38.84% match of $951,338 to the project; and WHEREAS, the City of Wixom certifies that the financing for the local match is secured, available for expenditure and committed for use in constructing the project; and WHEREAS, the City of Wixom will apply for the necessary construction permits, serve as lead Act 51 agency, grant applicant and liaison to MDOT; and WHEREAS, the construction engineering is considered a non-participating cost in the TAP grant and construction engineering is estimated to be $412,054 to be paid by the two communities: Wixom $222,899 (60%) and Charter Township of Milford $148,600 (40%); and WHEREAS, the City of Wixom has committed to owning and operating this segment of the MI Air Line Trail over the design life of the facility in compliance with the Commerce, Walled Lake & Wixom Trailway Management Council’s Interlocal Agreement; and WHEREAS, the Charter Township of Milford has committed to owning and operating this segment of the Huron Valley Trail over the design life of the facility in compliance with the Western Oakland County Trailway Management Council’s Interlocal Agreement; and WHEREAS, the Charter Township of Milford and the City of Wixom have committed to maintaining their respective portion of Trailway over the design life of the facility constructed with TAP funds; and NOW, THEREFORE, BE IT RESOLVED THAT, the City Authorizes City Manager Steven Brown or his designee to sign a project agreement (contract) upon receipt of a funding Award from MDOT and act as the applicant’s agent during the project construction. BE IT FURTHER RESOLVED THAT, the City attests to the existence of, and commits to, the funds necessary to carry out the project, including engineering for construction, permit fees, administration Wixom City Council Meeting___________September 28, 2021 _______Page 4 costs, cost overruns, non-participating items, and the required matching funds for the overall project cost. BE IT FURTHER RESOLVED THAT, the City of Wixom in partnership with the Charter Township of Milford will work to construct the Phase 2: MI Air Line & Huron Valley Trail Extension Project in accordance with all Michigan Department of Transportation guidelines and standards. Mr. Brown commented that this request was for the second phase of the Air Line Trail which would pick up from where the existing trail ended and proceed on the west side of Wixom Road through the downtown and City limits. Phase 2 included a partnership between Milford Township and the City of Wixom. He commented that the Milford Township’s portion of the trail would become an extension of the Huron Valley Trail, and the section in Wixom was considered an extension of the Air Line Trail. He said that MDOT would award a grant totaling $1.498 million for this project, but the City was required to pass a resolution indicating they were prepared and committed to the project. Councilmember Behrmann asked if they knew what kind of crossing guard and lights would be used for the Air Line Trail at Wixom Road. Kristen Wiltfang of Oakland County said they planned on using High-Intensity Activated Cross Walk Beacon for Wixom Road. This type of crosswalk was a pedestrian activated crossing where motorists were required to stop once the lights were solid red. John Hensler, Trail Manager, said they planned that the crosswalk would be timed to Pontiac Trail and Wixom Road. The crossing would pause if the traffic signal was green at the intersection. He commented that a similar crosswalk was being used in Walled Lake for the Air Line Trail. Councilmember Behrmann supported this project if the crossing was timed to Pontiac Trail and Wixom Road. He said pushing the button and stopping traffic, similar to the crosswalk at Beck Road, would not work for Wixom Road. Mr. Brown said they’ve met with the Oakland County Road Commission regarding the crosswalk and light timing. He did not think that the Road Commission would be in favor of anything other than having the crosswalk timing coordinated with the traffic signal at Wixom Road. Councilmember Behrmann asked if they should convey the lack of Council support if the crosswalk signal timing was not tied to the traffic signal at Wixom Road. Mr. Brown would ask the Road Commission for their input but assured Councilmember Behrmann that they were of the same mind. Councilmember Gronlund-Fox was in full support of the project. She learned they hoped for construction to start Spring 2022. She questioned how long they thought the project would take. Mr. Hensler believed the project would be complete by Fall of 2022. Deputy Mayor Rzeznik believed the signal at the Wixom Road intersection was capable of the having a timing sequence with the crosswalk; therefore, he did not see any reason why it couldn’t be done. Wixom City Council Meeting___________September 28, 2021 _______Page 5 Councilmember Gottschall stated larger and broader community education and outreach was needed regarding crosswalks, signals and lighting. It seemed this particular crosswalk was not the same as the other crosswalks in Wixom and followed a different set of rules. He said regardless if they got the Road Commission to tie the crosswalk into the traffic signal timing, it was imperative that public education was given by the Trailway Management Council and the City. Vote: Motion Carried 2.) Recommendation to Approve the Cost Participation Agreement Between the City of Wixom and the Charter Township of Milford for the Phase 2: MI Air Line and Huron Valley Trail Extension Project Transportation Alternatives Program Grant from the Michigan Department of Transportation and Authorize Mayor Patrick Beagle to Sign the Agreement CM-09-140-21: Motion and seconded made by Councilmember Behrmann and Deputy Mayor Rzeznik to approve the Cost Participation Agreement between the City of Wixom and the Charter Township of Milford for the Phase 2: MI Air Line and Huron Valley Trail Extension Project Transportation Alternatives Program Grant from the Michigan Department of Transportation and authorize Mayor Patrick Beagle to sign the Agreement. Mr. Brown said participating costs were associated with the Transportation Alternatives Program Grant, and they were covered under this agreement. He explained that Milford Township would be responsible for $126,810 of the $951,338 local match amount. Given that the City of Wixom was the applicant and recipient of the grant process, Milford Township would be required to refund the City. He explained that the City of Wixom would be responsible for $190,216 and potentially $222,899 of non-participating costs that were not part of the grant. Milford Township would be responsible for $148,600 of those non-participating costs. The agreement also indicated that any other expenses not covered but necessary were funded by the City at 60% and the Township at 40%. He said that allocation was based on mileage and complexity of the project. Vote: Motion Carried 3.) Recommendation to Adopt a Resolution to Renew the Agreement for Information Technology Services between Oakland County and the City of Wixom and Authorize Mayor Patrick Beagle to Sign the Agreement CM-09-141-21: Motion and seconded made by Councilmembers Smiley and Gronlund-Fox to adopt the following resolution to renew the Agreement for Information Technology Services between Oakland County and the City of Wixom and authorize Mayor Patrick Beagle to sign the Agreement: Wixom City Council Meeting___________September 28, 2021 _______Page 6 RESOLUTION 2021-43 APPROVING EXECUTION OF A RENEWEDAGREEMENT BETWEEN OAKLAND COUNTY INFORMATION TECHNOLOGY AND THE CITY OF WIXOM WHEREAS, Oakland County offers a range of services to municipalities so as to facilitate their abilities to provide cost effective local government; and WHEREAS, these services include Information Technology services and support, as well as the provision of software and hardware, as well as software training; and WHEREAS, the City has avoided and reduced expenditures since 1977 when it first began receiving Police Records Management Services from Oakland County CLEMIS; and WHEREAS, the City, today, continues to avoid and reduce its expenses by obtaining Information Technology services and support for the Assessing, Building, Finance, Fire and Police Departments as well as the City Clerk’s Office and the Department of Public Works; and WHEREAS, these factors cause renewal of an Information Technology Services and Support agreement between the City and Oakland County to be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WIXOM AS FOLLOWS: That the City Council approves execution of a renewed Information Technology Service and Support Agreement between the City of Wixom and Oakland County, as proposed, the same being in the best interest of the City. Mr. Benson explained that this agreement was routine. Oakland County provided many services to the City such as assessing and GIS. This agreement was more of a legality and had no associated costs. Vote: Motion Carried 4.) Recommendation to Approve Traffic Control Order #106 that Would Require Traffic Traveling Westbound on Theodore Street East to Stop at the East Side of the Easternmost Intersection with Fletcher Street Before Proceeding and that Would Require a Stop Sign be Erected and Maintained at this Intersection CM-09-142-21: Motion and seconded made by Deputy Mayor Rzeznik and Councilmember Behrmann to approve Traffic Control Order #106 that would require traffic traveling westbound on Theodore Street East to stop at the east side of the easternmost intersection with Fletcher Street before proceeding and that would require a stop sign be erected and maintained at this intersection. Director Moore explained that any change to a traffic control required crash data or a traffic study. When this intersection was first engineered, it was a three-way intersection with a stop sign at the corner of Theodore and Fletcher Street. Since then, Fletcher had been extended to a four-way intersection where only one of the four streets were controlled by a traffic control device. A traffic engineering study was conducted by the Traffic Improvement Association (TIA) and they recommend the other leg of Theodore Street have a stop sign. Wixom City Council Meeting___________September 28, 2021 _______Page 7 Mayor Beagle asked how long it would take for a stop sign to be placed at the location. Mr. Sikma thought it would take about a week. Deputy Mayor Rzeznik said the northern portion of Fletcher Street and Goodrich was long and vehicles sped along those stretches. He proposed putting up a speed limit sign midway, but questioned if they needed a traffic study beforehand. Director Moore said that erecting a speed limit sign did not require a traffic engineering study to be performed. Director Moore heard of the speeding concerns at that location. He said people often suggested a stop sign to alleviate the problem, but Michigan law prohibited stop signs as a solution to speeding issues. He said he’d entertain a speed limit sign installation in order for drivers to be reminded that it’s not a drag strip for speeding. Vote: Motion Carried 5.) Discussion on American Rescue Plan Act Funding Mr. Brown said the City was estimated to receive approximately $1.4 million in funding from the American Rescue Plan Act of 2021 (ARPA). The intent was to offset COVID-19 pandemic impacts that we have experienced at the local level. There are federal guidelines about what we can use the funding for, such as support of public health response, addressing negative economic impacts, replacing public sector revenue loss, premium pay, water and sewer infrastructure, broadband infrastructure and equity-focused services. He indicated that there are issues with a variety of those potential uses of those funds; most center along the lines of the fact that we are not in that business as City government. He felt there were a couple that would be of interest to us. Replacing public sector revenue loss was one of those. We currently made the decision in the past not to levy the full 3.5 mills of additional operating millage that we have at our disposal thanks to the generosity of the voters of Wixom. We only use 3.0 mills. They would allow us to claim that as a revenue loss even though it had nothing to do with the pandemic. At the same time, we have water and sewer infrastructure needs. Our Wastewater Treatment Plant is under-capacity as it currently stands but we are fortunate to be looking at new developments in the City at the former Ford Wixom Plant on Wixom Road. We are going to have large-scale demanding users that will require additional sewer capacity. If only one of those major users were to come about, we would probably still be underneath our capacity limits. When we get into the second and third development, we will get to the point where we exceed our sewer capacity. This was the first issue that came to his mind. A look at infrastructure in the sewer side of things was attractive from City Administration’s prospective. Beyond that, we can use it as a local match to attract businesses and quality tenants to the Wixom Assembly Park. That would allow us to bring jobs to the area and translate a one-time funding source to something that would be a long-lasting benefit to the community. Mr. Brown noted that the other part of the increases to our sewer capacity was that we are experiencing some challenges in relation to certain industrial users and the demands that they are placing on our system (phosphorus being one of them). One Wixom City Council Meeting___________September 28, 2021 _______Page 8 of the remedies that we need to do to address that issue is additional capacity and a secondary clarifier that we would put in if we were to use ARPA funding. This project is in our Capital Improvement Plan. If we use this funding, we would be able to accelerate those improvements. Also, if we add these large-scale users at the Wixom Assembly Park and other places, it will be a potential benefit to residents across the City. One of the problems that we are facing with our billing structure with the cost we incur for water and wastewater treatment is people are being encouraged to conserve water. Because of that, we are seeing a reduction in the amount of funding that we are going to be able to bring in on the usage side. We still have the same fixed costs and we have to recover those costs. We are starting to shift from usage-based charges to fixed charges. That puts pressure on people that aren’t really consuming as much water and wastewater as they are being required to pay because of the reduction in usage. If we make these improvements and bring these additional large-scale users into the system, it will add to the amount of billing we will be able to do on the usage side and we will hopefully be able to reduce those fixed charges on residents across the City. It becomes a way of translating this one-time funding source into long-term relief to everybody who is a customer. Because of those reasons, City Management was recommending that we consider looking at utilizing the ARPA funding to offset the cost associated with those improvements to our Water and Wastewater Treatment system and allow us to get it done more quickly. This is a large piece of funding and he wanted to consult with the Council about their preferences. Deputy Mayor Rzeznik asked if we have been able to start looking at numbers to see what the offsets might be for these improvements. Mr. Brown said that we have not done that yet with Dawn Lund from Utility Financial Services. We would expect to do that with direction of Council. This will be something that would be coming to a head pretty quickly because we have the potential to really accelerate this investment into our infrastructure. If the Council agrees to this approach, he could be bringing something to Council about going out to bid on this work pretty quickly. We won’t have the benefit of having the full scale run through by UFS, but it was something we would certainly do. Deputy Mayor Rzeznik stated that each year we look at the various service groups that request the CDBG funding. He wondered if any of this could be used for one or more of those within the community. Mr. Brown said we could look into that. He wasn’t sure if that was a cost that had to be incurred more directly by the City or something we could move to another agency. Mr. Benson added that one of the things they talk about was the partnership idea. For example, if the Council wanted to see an investment in behavioral health care, we could partner with another organization and put money toward that. There are partnership opportunities. Councilmember Smiley knew that the Wastewater Treatment Plant needed improvements and this would accelerate it. If we get this money and we get a project done, that money would be freed up for other things in the future. He didn’t think it was critical what we put the money toward other than the things the City Manager laid out. This was a nice big project that would get taken care of a little earlier and help the budget a little more down the road. Wixom City Council Meeting___________September 28, 2021 _______Page 9 Mr. Brown reviewed some of the estimated amounts in the Ten-Year Capital Improvement Plan for the wastewater. Those costs total $1,936,000 and $1,140,000 and they could be accelerated into a more immediate project for completion purposes. That totals about $3,300,000. We will need it sooner rather than later because of what was happening with this new development. Councilmember Smiley said he liked the idea. He had the benefit of getting a little preview of this last week. He knew Mr. Brown spent a lot of time trying to figure out the best use of this funding. The improvements to the Wastewater Treatment Plant was his first suggestion and the cost recovery was something else we could do. This might be a bigger need than we even realize. Mr. Brown said his predisposition on these kinds of things was to not have a one- time benefit. By doing this investment in the infrastructure in the Wastewater Treatment Plant, we will turn it into a longer-term benefit. At this time, Ms. Stamper entered the meeting. Deputy Mayor Rzeznik asked if any of the institutions or organizations that compete for our CDBG funds would fit into any of the ARPA regulations. He was hoping to give even a small amount to one that might impact our community directly. Ms. Stamper said that could be something to consider. We would have to check first to see if that was an eligible expense as a pass-through grant program. We would have to do it in a fair manner; we wouldn’t be able to pick or choose the ones we want. We would have to roll out some sort of grant program to let applicants apply for those funds. We are under the stipulations of federal funding so we have to run it through a whole process. She thought it was a good question that we can ask. Deputy Mayor Rzeznik said that if we can do something now to reduce water and sewer rates for the community, that was also a great thing. He was in support of that as well. Ms. Stamper said she had a lengthy phone conversation with Plante Moran and they are seeing a lot of their clients choosing a large-scale project, typically water/wastewater. This would have a benefit to the whole community to reduce rate structures in the future and expand the system that we will have to do anyway. Mr. Brown commented that the administrative burden was so much less as well. You have to keep track of the project internally already and now you have to submit those expenses. Councilmember Behrmann asked if this would fill in the fourth spot at the Plant. Mr. Sikma replied yes. Councilmember Behrmann agreed that this would be a good use of those funds. Councilmember Gronlund-Fox agreed with the recommendation to use the funds for the Water and Sewer project. It sounded like it was good for the City and the residents. Councilmember Gottschall understood there were a lot of “ifs” that go into it (like tenant-based “ifs”) so if we have a lower use, we will have a higher capacity system than we need. We are already under capacity. He understood wanting to do projects like that to maybe help out but we don’t know it will help out. Otherwise, Wixom City Council Meeting___________September 28, 2021 _______Page 10 we have the Ten-Year Capital Plan. He didn’t know we could get into subsidizing costs. That was why we are having to increase costs and build back up our funds for water and wastewater. In the past, the City did not keep up with the increases it should have. He said this was a once-in-a-lifetime funding. His thoughts were that we should use it for a community benefit as a whole but something we couldn’t do otherwise. We are keeping up with our Water and Wastewater Treatment Plant. Phosphorous has been talked about for two years now and we got fined for it. He asked when that was going to go down. We were waiting for something to be replaced and he wondered if that had happened. Mr. Sikma said there were a number of things that are under construction right now. One of them was the oxidation ditches that are there. We are in the middle of constructing aeration for those and next summer they should be completed. We are expecting that to lower our phosphorous. Also, they are putting in a new polymer system now with what we have and that should also help. This added capacity is primarily a volume issue. We want to make sure we have enough capacity in volume at the Treatment Plant. The secondary clarifier was one of the bottlenecks that we are working on next. With the industrial impacts and additional residential use that we are seeing, and the potential in other developments, we expect to see those flows increase in the next couple of years. Councilmember Gottschall asked if phosphorous would be back under the limits next summer. Mr. Sikma said we are planning that the phosphorous should be under wraps by the end of next summer. Councilmember Gottschall said that in looking at the list, one of the options was replacing lost revenue through the public sector. He asked if we knew what we lost during COVID in terms of building permits and rentals at our different facilities. Ms. Stamper replied that she would have to look at those figures by item. With the other reimbursements that we received back through the CARES Act funding, we are in a really good position at year end. We received over $700,000 in other funding and reimbursements for public safety payroll costs, COVID expenditures, hazard pay, etc. Our fund balance was very favorable at year end. She indicated that our biggest loss was rentals, which was probably $40,000 to $50,000, and maybe some Parks & Recreation activities of about $20,000 to $25,000. Building permit revenue was still quite good because we had the Ford property development coming in. That was a high-dollar permit. The City faired quite well during this past year. Tax revenue came in as normal and a higher rate of delinquencies did not occur like we anticipated. State Shared Revenue also came in better than we budgeted. She said our year went well with all things considered. In regard to State Shared Revenue, Councilmember Gottschall asked if the federal government picked a date that this can apply from until now. Mr. Brown said that was correct. The point of comparison was that period in the past and it compares it to the current experience. That excludes things like the CARES Act reimbursement. That $700,000 doesn’t get used against us. Councilmember Gottschall said it sounded like setting aside State Shared Revenue, we are probably under $100,000 loss. Ms. Stamper said yes and State Shared Revenue came in better than expected. Councilmember Gottschall said that was something that jumped out at him, especially since we have been spending down the budget stabilization fund. We could contribute back to that through some mechanism, such as replacing a little bit Wixom City Council Meeting___________September 28, 2021 _______Page 11 of the lost revenue. One of the other things that came to his mind was addressing education disparities. He asked if anyone had spoken with the Library to see if they could use any of the funding to improve any of their equipment. He understood the desire to use it for water and wastewater, but that was already built into our budget. This was like win-fall money and he would like to see it used primarily to do something we couldn’t do otherwise. Mr. Brown said the Capital Improvement Plan that we have is going to receive relief if we choose to use this ARPA funding for that purpose. We will have that funding available for other capital projects or other things that we could look at, like road projects. It would be freeing up those dollars that we otherwise would have spent by using this ARPA funding. He thought we would have a lot of different options in front of us for additional capital projects. Councilmember Gottschall asked if those were dedicated capital plans. He thought they were not part of our own general fund. All of that was paid strictly out of the water and wastewater revenue. If we spend this $1 million on that, then we can take some of the water and wastewater funds out to use for roads. That was not his understanding. Mr. Brown had forgotten about that aspect. That would translate to the relief of the residents. Mr. Benson clarified that to say we are under capacity really only means we are under the maximum capacity that we could possibly do. Some of the businesses we have talked to about locating in there are incredibly high users. When we consider the flows that they would need both in and out, it was how this conversation came together. Within the next few years we could potentially have a problem in that sense. It is not that there is a significant amount of capacity left. Councilmember Gottschall said Ford was not a light user. We have the underground infrastructure there. It is like when someone wants to build a house. They need to pay a tap fee and make their improvements. He wondered why we would be making the improvements for industrial users instead of them paying for their own. Mr. Benson said that they pay in the form of tap fees and other large one-time revenues. Some of these are hundreds of thousands of dollars that end up going to the capital budget. He thought that was part of the reason why these particular projects may have been pushed out as far as they were (to give us lead time to collect sewer tap fees to get to those numbers). In this scenario, we would be able to throw more money at it more quickly and get ahead of it. Councilmember Gottschall asked how under-powered was the infrastructure that was there now that was supplying a whole car plant compared to what we need. Mr. Benson explained that it was not the actual pipes. It was our ability to take large amounts of water through there. They bottleneck through the clarifiers and through our actual treatment process. We would be able to move more water through it. Councilmember Gottschall said that the plant has not shrunk since Ford left. Mr. Brown replied no, but we have added other users in the meanwhile as well that have eaten up the capacity. Mr. Sikma said that Ford Motor Company could contribute up to 1.2 million gallons a day and our design capacity for the Wastewater Treatment Plant was 2.89. At the time that Ford left, they were running about three quarters of a million gallons a day. When they shut off that pipe, our flows went down to about 1.5 million gallons. We are up around 2.2 right now, which means we have just under 600,000 Wixom City Council Meeting___________September 28, 2021 _______Page 12 gallons a day that is capacity on a daily average. With the industries that have come to pass in the last ten years, we are seeing that we will go well over that 3 million gallons a day within the next three years. Councilmember Gottschall said that it sounded like we were over where we surpassed the Ford capacity. Mr. Sikma said we have. Mr. Brown asked Mr. Sikma what was the rough estimate of the projects at the Wastewater Treatment Plant and he replied approximately $12 million. Mr. Brown stated that if we don’t have to make this investment, in the year 2029-2030, we will have money available for additional improvements at the Plant. Councilmember Sharpe said that when this conversation started, he felt Councilmember Smiley really summarized it nicely. If we put the money in the Wastewater Treatment Plant, we can use that money for something else. Later we heard that was not what we can do. He wasn’t really sure he was supporting this or not. He asked what the next steps would be. Mr. Brown said that we don’t know when they will send us the check. He was looking for a consensus as to whether or not the Council liked the approach to move ahead with the Wastewater Plant improvements. Councilmember Sharpe wondered if we would have to tell them how we used the money. Ms. Stamper said that we have a couple of years to utilize the funds. We have to do quarterly reports to the State and Federal government for what we are utilizing the funds for. We will be audited when it is all over. She thought we would be receiving the money during this fiscal year. We will receive it in two separate payments. The first half will come shortly and the second half will come right after the new year. Councilmember Sharpe confirmed that once the check arrives, we deposit it in the bank. We don’t use any of the money until the Council approves it. Ms. Stamper said that was correct. Councilmember Smiley commented that if we apply the funds to this capital investment, it will stay within the wastewater area for our residents. It will relieve the cost of things there down the road. It still saves us some expense that is coming. He liked the suggestion of putting something back in the budget stabilization fund. Mr. Benson stated that if it was the desire of Council to have some sort of mix, we could put approximately $1 million for wastewater and we could claim some as a loss. It could then turn into General fund money, which could go into the budget stabilization fund. Councilmember Smiley thought that would be the part we would work on later. Right now, we will get the money and we could talk more about fine-tuning exactly where it will go. We have been talking about putting money back into the budget stabilization for a while now. This might be the opportunity. Mr. Brown commented that between the General fund and the budget stabilization fund, we might have spent into it. It also goes up as our operations come in favorable, which has happened for the last couple of years. The amount of reduction to that was probably overstated. We are in a very healthy position on both general fund balance as well as budget stabilization. If we decide on the rapid recovery, it does allow for more broader use of funding. We do need to make these Wixom City Council Meeting___________September 28, 2021 _______Page 13 investments to the Wastewater Treatment Plant in our capacity issues. Initially, we thought it would be multiple years down the road. If we utilize it in this fashion, we could be done in the next two years. Deputy Mayor Rzeznik clarified that if we use these funds for the infrastructure investments, it would reduce those projected rate increases that USF puts into the budget session. He was very much in favor of that because it benefits the majority of Wixom citizens. That would be a great study to see. Mr. Brown indicated that we don’t need to decide today. He was looking to see if the Council was interested in those couple of issues (Wastewater Treatment Plant infrastructure improvements, revenue loss, a combination of both, a couple of those MGO partnerships) and he will proceed accordingly. 6.) Recommendation and Request to Convene a Closed Session of the City Council in Accordance with the Open Meetings Act for the Purpose of Discussing Real Property and the Periodic Personnel Evaluations of the City Clerk and the City Manager Pursuant to, and Authorized by, MCL 15.268(d) and MCL 15.268(a), Respectively CM-09-143-21: Moved and seconded by Councilmembers Behrmann and Gronlund-Fox to convene a Closed Session of the City Council in accordance with the Open Meetings Act for the purpose of discussing Real Property and the periodic personnel evaluations of the City Clerk and the City Manager pursuant to, and authorized by, MCL 15.268(d) and MCL 15.268(a), respectively. Mayor Beagle announced that because of the expected length of this Closed Session, we will not come back to live stream when we come back into the regular meeting. Roll Call Vote: (7) AYES – Beagle, Behrmann, Gottschall, Gronlund-Fox, Rzeznik, Sharpe, Smiley (0) NAYS Motion Carried CALL TO THE PUBLIC: There were no comments made at this time. CITY MANAGER COMMENTS: Mr. Brown said the City held a Flu Shot Clinic on September 13, 2021 and approximately 20 people participated. Jody Bannerman recently completed all probationary requirements and received his Fire Department badge. He has been promoted to the rank of Firefighter II/EMT and he congratulated him. Also, there are seven people celebrating their work anniversaries ranging from 2 years to 24 years of service. He noted that under the Dates to Remember section of his Update, the highlighted areas will be targeted as current updates on the City’s website. COUNCIL COMMENTS: Councilmember Behrmann had no comments. Wixom City Council Meeting___________September 28, 2021 _______Page 14 Councilmember Gottschall said that since we had two items regarding the Trailway on this agenda, he wondered if all future maintenance issues would be handled by the Trailway Council or if we would be responsible for what was within the City limits. Mr. Brown replied that we would be responsible for our section. Councilmember Gottschall asked when we would start putting that into the Capital Plan. Mr. Brown answered that we would have to look into the projected life and that nature. He thought it would be well beyond ten years so it will be awhile before we put that into the Capital Plan. Councilmember Gottschall mentioned the Fire Station Open House on October 9th from 10 am to 2 pm and the Fall Fest & Panther Hunt is from 5 pm to 8 pm the same day. Mr. Brown added that Monster Mash has been cancelled due to COVID-19. Councilmember Gronlund-Fox congratulated Jody Bannerman for passing his probationary period with the Fire Department. She congratulated and thanked those celebrating work anniversaries. She requested when we make the calendar for next year’s Council dates that we skip the Tuesday before Thanksgiving. Councilmember Sharpe thanked Laura Cloutier and the DDA for a fine Block Party and Mr. Brown for volunteering his time in the tent. It was a good event. Councilmember Smiley had no comment. Deputy Mayor Rzeznik congratulated the DDA and all the volunteers for the Block Party. It was great weather and the bands were fantastic. He canvassed a lot of the tents late in the day and they all seemed to be pleased with the outcome. Also, the Barking in the Park the following day was great. Our City beagle didn’t win any awards or prizes, but it was well-attended and there was great weather for that as well. Mayor Beagle congratulated Jody Bannerman on completing his probationary requirements and receiving his Fire Department badge. He thanked the seven employees with work anniversaries. Also, the Block Party and Barking in the Park were both well-attended and nice events for the weekend. The meeting was recessed at 8:32 p.m. The Council went into Closed Session at 8:37 p.m. and rose from Closed Session at 10:11 p.m. CM-09-143-21: Motion and seconded made by Councilmember Smiley and Deputy Mayor Rzeznik to adopt the following resolution and schedule a Public Hearing for October 26, 2021 to solicit input regarding the vacation of a portion of the Right-of-Way for Manistee Street: Wixom City Council Meeting___________September 28, 2021 _______Page 15 RESOLUTION NO. 2021-44 RESOLUTION SCHEDULING A PUBLIC HEARING ON VACATING A PORTION OF THE RIGHT-OF-WAY ON MANISTEE STREET WHEREAS, the City of Wixom, in connection with the development of the MI Air Line Trail, has determined that it would be in the City’s best interest to vacate a portion of the right-of-way for Manistee Street in conjunction with obtaining certain easements for the trail along Pontiac Trail; WHEREAS, the portion of the right-of-way to be vacated is legally described as: PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWN 2 NORTH, RANGE 8 EAST, CITY OF WIXOM, OAKLAND COUNTY, MICHIGAN: BEGINNING AT A POINT ON THE EAST LINE OF LOT 4 OF SUPERVISOR’S PLAT NO. 10 (LIBER 28, PAGE 35, OAKLAND COUNTY RECORDS) WHICH IS NORTH 02 DEGREES 01 MINUTES 50 SECONDS EAST 119.76 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE CONTINUING ALONG SAID EAST LINE OF LOT 4, NORTH 02 DEGREES 01 MINUTES 50 SECONDS EAST 179.12 FEET; THENCE 240.96 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET AND A LONG CHORD WHICH BEARS SOUTH 26 DEGREES 16 MINUTES 42 SECONDS WEST 239.34 FEET; THENCE SOUTH 47 DEGREES 21 MINUTES 16 SECONDS WEST 75.13 FEET; THENCE SOUTH 87 DEGREES 39 MINUTES 12 SECONDS EAST 59.91 FEET; THENCE NORTH 47 DEGREES 01 MINUTES 50 SECONDS EAST 7.46 FEET; THENCE 137.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 85.00 FEET AND A LONG CHORD WHICH BEARS NORTH 46 DEGREES 52 MINUTES 53 SECONDS EAST 122.69 FEET TO THE POINT OF BEGINNING. CONTAINING 8993.3 SF. WHEREAS, the City Charter in Chapter 4, Section 4.16, authorizes Council to vacate road right-of-ways and the City Code, in Section 12.00.050, provides the procedures to do so, including the requirement to publish a notice and conduct a public hearing. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Wixom, will (1) schedule a public hearing on the vacation of the portion of the right-of-way for Manistee Street; (2) publish notice of the meeting in a newspaper of general circulation in the City not less than thirty (30) days before the public hearing; and (3) determine whether this portion of the right-of-way is no longer needed for public street purposes. Vote: Motion Carried ADJOURNMENT: The meeting was adjourned at 10:13 p.m. Catherine Buck City Clerk Approved 10-12-2021