September 9, 2002

 

A regular meeting of the City Council was held on Monday, September 9, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the August 26, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

NOTE:  BECAUSE OF THE LARGE AUDIENCE COUNCIL AGREED TO TAKE UP AGENDA ITEMS THAT CONCERNED THE MAJORITY OF THE AUDIENCE FIRST.  FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND THE EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA, NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

 

Patriot Day

Selina Tisdale, Community Relations Coordinator, presented for consideration a proclamation naming September 11, 2002 as Patriot Day in the City of Midland in observance of the September 11, 2001 terrorist attacks against the United States.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating September 11, 2002 as Patriot Day in Midland in observance of the events of September 11, 2001.  (Motion adopted.)

 

2002 Midyear Progress Report – Safety Program

Gussie Peterson, Safety and Health Manager, presented the City Safety Program Midyear Progress Report.  The report included an update on the 2002 safety status for the City of Midland, an update on the Shaping Our Safety (SOS) program and recognized award winning safety performers.

 

Safety Leadership Award

Gussie Peterson, Safety and Health Manager, introduced Jeffrey Varner of the Parks and Recreation Department.  Every year the City of Midland recognizes a City employee or employee group for exceptional efforts and achievements in promoting safety for the City of Midland employees.  Mr. Varner is this year’s recipient of the Annual City Manager’s Safety Leadership Award.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

IN RECOGNITION

WHEREAS, the City Manager has established the Safety Leadership Award to annually recognize a City employee or employee group for exceptional efforts and achievements in promoting safety for City of Midland employees; and

WHEREAS, this award is dedicated to the memory of Ted Wejrowski, who lost his life working as an employee of the City of Midland; and

WHEREAS, the City of Midland Employee Health and Safety Action Committee has selected Jeffrey Varner, Forestry Worker for the Parks and Recreation Department, as the sixth annual recipient of this award due to his significant and ongoing contributions to City and Parks and Recreation safety programs; and

WHEREAS, the City Manager, Karl Tomion, presented the award to Jeffrey at the City safety picnic on July 31, 2002; now therefore

RESOLVED, that the Midland City Council acknowledges the exceptional contributions that Jeffrey Varner has made to the City and Parks and Recreation safety programs and congratulates him for being the sixth annual recipient of the award.  (Motion adopted.)  Mayor Black presented Mr. Varner with a Letter of Recognition.

 

Zoning Petition No. 493

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 493 – rezoning property at the northwest corner of Wheeler Street and Swede Avenue from Business A to Residential B.  A public hearing opened at 7:15 p.m., no comments were made, the hearing closed at 7:16 p.m.  The following ordinance amendment was then offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1542

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL B ZONING WHERE A BUSINESS A ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Part of the southeast ¼ of the southeast ¼ of Section 3, T14N R2E, City of Midland, Midland County, Michigan, described as: beginning at a point which is N 00 deg 08 min 00 sec east 506.70 ft along the east section line and S 89 deg 50 min 30 sec west 215.00 ft from the southeast corner of said Section 3; thence S 89 deg 50 min 30 sec west 291.70 ft thence south 00 deg 08 min 00 sec west 286.70 ft; thence north 89 deg 50 min 30 sec east 217.00 ft; thence north 43 deg 08 min 32 sec east 21.26 ft; thence north 46 deg 51 min 28 sec west 45.00 ft, thence north 43 deg 08 min 32 sec east 67.00 ft; thence south 46 deg 51 min 28 sec east 45.00 ft; thence north 43 deg 08 min 32 sec east 21.25 ft; thence north 00 deg 08 min 00 sec east 207.00 ft to the point of beginning .  Containing 1.78 acres and being subject to any easements of record.

be, and the same is hereby changed to Residential B.

Section 2. 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 3. This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 


2002 Commerce & Eastman Water Main Improvement – Hearing of Necessity

Brian McManus, City Engineer, presented information on the 2002 Commerce And Eastman Water Main Improvement Special Assessment District.  A public hearing was opened at 7:20 p.m., no comments were made, the hearing closed at 7:21 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council has given due notice of its intention to install water mains in certain streets, said improvement being more particularly described in a resolution dated August 26, 2002, said streets being:

           COMMERCE DRIVE              from Eastman Avenue to 970 feet east

           COMMERCE COURT           from Commerce Drive to the end of the court

           EASTMAN AVENUE from Commerce Drive south to the end of the existing water main

and has heretofore established one special assessment district designated:

     “2002 COMMERCE & EASTMAN WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, September 9, 2002, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of water mains on Commerce Drive, Commerce Court and Eastman Avenue, is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of one hundred thirty thousand dollars ($130,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be seventy-six thousand one hundred seventeen and 57/100 dollars ($76,117.57) and that all other costs and expenses of said improvements amounting to fifty-three thousand eight hundred eighty-two and 43/100 dollars ($53,882.43) shall be borne and paid by special assessment on all lands and premises in said 2002 Commerce & Eastman Water Main Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2002 COMMERCE & EASTMAN WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2002 Commerce & Eastman Water Main Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the 2002 Commerce and Eastman Water Main Improvement Special Assessment Roll and requested that a public hearing on the roll be conducted on September 23, 2002.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 COMMERCE & EASTMAN WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-third day of September, 2002, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-third day of September, 2002, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2002-03 Budget Amendment

David Keenan, City Controller, presented information on an amendment to the 2002-03 City budgets and financial working plans.  A public hearing was opened at 7:26 p.m., no comments were made, the hearing closed at 7:27 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing, Monday, September 9, 2002, on the proposal to amend the budgets of the General Fund, Major Street Fund, Stormwater Management Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, and Downtown Development Authority Fund for the 2002-2003 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Transportation Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund and the Service Center Rental Fund for the 2002-2003 fiscal year in order to provide funding for June 30, 2002 encumbrances; now therefore

RESOLVED, that the 2002-2003 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

Human Resources                                                                              $               84,880

City Hall                                                                                                              171,656

Fire Administration                                                                                            8,100

Fire Fighting                                                                                                         60,680

Planning                                                                                                               47,970

Engineering                                                                                                          35,060

Public Works                                                                                                         2,515

Parks                                                                                                                      2,975

Recreation                                                                                                           32,034

Civic Arena                                                                                                         346,373

Plymouth Park Pool                                                                                           213,500

Stratford Woods Park                                                                                                  20,000

Barstow Airport                                                                                           12,469

Tax Appeals                                                                                                             1,992,993

Transfer to other funds                                                                                 189,373

Total General Fund                                                                            $          3,220,578

Major Street Fund

Traffic consultant                                                                               $                 5,032

Public works                                                                                                          1,346

Total Major Street Fund                                                                 $                 6,378

Storm Water Management Fund

Storm sewer cleaning                                                                                   $               16,360

Bank stabilization                                                                                               18,446

Total Storm Water Management Fund                                        $                34,806

Grace A. Dow Memorial Library Fund                                       

Operations                                                                                          $                22,120

Building improvements                                                                               41,642

Investment in assets                                                                                           42,765

Total Grace A. Dow Memorial Library Fund                                        $              106,527

Cable Communications Fund

Telecommunications consultant                                                       $                13,959

Investment in assets                                                                                             2,822

Total Communications Fund                                                                       $                16,781

Downtown Development Authority

 Downtown marketing study                                                           $                27,000

Landfill Fund

Operations                                                                                          $               30,025

Investment in assets                                                                                         330,776

Total Landfill Fund                                                                            $              360,801

Washington Woods Fund

Operations                                                                                          $                  2,800

Investment in assets                                                                                           78,249

Total Washington Woods Fund                                                   $                81,049

Riverside Place Fund

Operations                                                                                          $                30,437

Golf Course Fund

Investment in assets                                                                         $                21,345

Transportation Fund

Investment in assets                                                                         $                67,534

Wastewater Fund

Wastewater operations                                                                   $                  3,110

Digester operations                                                                                                   1,310  

Investment in assets                                                                                          336,969

Total Wastewater Fund                                                                $               341,389

Water Fund

Water operations                                                                               $                  2,930

Plant maintenance – common consumption                                                         17,077

Water distribution – tower maintenance                                                       114,500

Investment in assets                                                                                     1,925,100

Total Water Fund                                                                            $           2,059,607

Data Processing Operations Fund

Operations                                                                                          $               61,500

Investment in assets                                                                                        232,500

Total Data Processing Operations Fund                                        $             294,000

Equipment Revolving Fund

Investment in assets                                                                         $             169,462

Service Center Rental Fund

Investment in Assets                                                                         $              11,400

(Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

P.I.L.O.T. for Adams Acres Phase I

Robert Fisher, Director of Fiscal Services, presented information on a second reading of an ordinance for Payment in Lieu of Taxes for Adams Acres Phase I.  Douglas Larner, representing DeShano Development Corporation, the general partner of Adams Acres Limited Dividend Housing Association, spoke in support of the project.  Oswald Anders, 801 Linwood Drive and Tom McCann, 3310 Jefferson, both spoke in opposition to the project.  Roger Mikusek, Executive Director of the Affordable Housing Alliance, spoke in favor of the project.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1541

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending the title of Article XIII, Chapter 2, amending Section 2-262, Article XIII of Chapter 2, and by adding new sections which shall be designated as Sections 2-260.9, 2-264.7 and Section 2-267.1, Article XIII, Chapter 2 thereof.

The City of Midland Ordains:

Section 1.  Title of Article XIII, Chapter 2, is hereby amended to read as follows: 

Article XIII.  Tax exemption and payment in lieu of taxes.

Section 2.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of housing developments.

     It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club Acres #1, Chippewassee Court Phase I, Adams Acres Phase I and the elderly portions of Charter Square and Green Hill are of this class.

Section 3.  Article XIII, Sections 2-260.9 and 2-264.7 are hereby added to read as follows:

Sec. 2-260.9.  Adams Acres Phase I.

    The City acknowledges that the Adams Acres Limited Dividend Housing Association Limited Partnership, a 501(c)(3) corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as Adams Acres Phase I, located on the following described property:

Beginning at the northwest corner of lot 16, Adams Acres Subdivision No. 1, according to the plat thereof recorded in Liber D Of Plats, pages 25 and 26, Midland County records, Section 34, T14N, R2E, City Of Midland, Midland County, Michigan; thence south 114 feet to the south plat line of Adams Acres Subdivision No. 1; thence east along said south plat line 261.94 feet; thence north 47° 04’ 51” east 165.74 feet; thence north 06° 18’ 11” east 165.92 feet to the south line of lot 23 of said subdivision; thence north 00° 02’ 03” east along a line 10 feet west of the east plat line of Adams Acres Subdivision No. 1 to the north line of lot 27; thence west along the north line of lot 27 to the east r/w line of Lee Street; thence southerly along the east and south r/w line of Lee Street to the point of beginning.

Sec. 2-264.7.  Establishment of annual service charge for Adams Acres Phase I.

(A)    Annual service charge.  The housing development identified as Adams Acres Phase I and the property on which it shall be constructed shall be exempt from all property taxes from and after the commencement of construction.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own and operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities.

(B)   Limitation on the payment of annual service charge.  Notwithstanding subsection (A), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt.

Section 4.  Article XIII, Section 2.267.1 is hereby added to read as follows:

SEC. 2-267.1.  Duration of exemption for specific developments.

With regard to specific developments which have been granted tax exemption under this article, each individual exemption shall remain in effect and shall not terminate so long as a mortgage loan exists, or a mutual agreement to terminate is reached between the parties.

Section 5.  This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Motor Vehicle Code Ordinance

James Branson, City Attorney, presented information on the first reading of an ordinance to adopt the Motor Vehicle Code.  Introduction and first reading of the following ordinance to add Article VI (Motor Vehicle Code) to Chapter 24 of the Code of Ordinances was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. ________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by adding a new article which new article shall be designated as Article VI of Chapter 24 thereof.

ARTICLE VI.  MOTOR VEHICLE CODE

The City of Midland Ordains:

Section 1.  Article VI is hereby added as follows:

Sec. 24-59.  Code adopted.

The Motor Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923 and as subsequently amended, is adopted by reference.

Sec. 24-60.  Reference in code.

References in the motor Vehicle Code to “local authorities” shall mean the City of Midland.

Sec. 24-61.  Penalties.

The penalties provided by the motor Vehicle Code are adopted by reference, provided, however, that the City of Midland may not enforce any provision of the motor Vehicle Code for which the maximum period of imprisonment is greater than ninety-three (93) days.

Section 2.   This Ordinance shall take effect October 1, 2002.  (Motion adopted.  Considered first reading.)

 

Site Plan No. 215

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 215 for Hidden Pines Condominiums.  Cliff Reese of Shiloh Homes, the developer of the project, spoke in support of the project.  Robert Messler, 1401 Pheasant Ridge, questioned the use of a private road, indicating that Jerry Kole owned property leased for the street.  Marjorie King, 4934 Grandview Circle, stated she would like to see the private road kept private because of her concern over increased traffic.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 215, the request of Mr. Cliff Reese, of Shiloh Homes, for Hidden Pines Condominiums, a 12-unit site condominium to be built on Hidden Pines Court (proposed); and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 215 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 215, contingent upon the following conditions:

1.           Structures shall not exceed the 28’ height limitation.

2.        Design of the private street profile must be approved by the City of Midland Engineering

           Department.

3.        Site lighting will not cast illumination off site.

4.        Storm water retention plans are reviewed and approved by the City of Midland

           Engineering Department.

5.         Pavement within 60’ of Row to be constructed per specified standards issued by the City of Midland Engineering Department.

(Motion adopted.  Yeas:  Black, Currie, Griggs, Wazbinski   Nays:  McKeag)

 

Mayor Black called for a short recess at 9:35 p.m.

Mayor Black reconvened the meeting at 9:45 p.m.

 

Site Plan No. 216

Prior to hearing Agenda Item #10 on a request from the MidMichigan Regional Medical Center, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker & Black, P.C., disclosed that the MidMichigan Regional Medical Center was one of the firm’s clients and requested that he be allowed to abstain.  Council unanimously agreed to the abstention.  The gavel was handed to Mayor Pro Tem Marty Wazbinski.  Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 216 for a 20,000 square foot ambulatory surgery center for the MidMichigan Regional Medical Center.  Thomas Lind, 2916 Abbott Road, Vice President in charge of facilities at the MidMichigan Regional Medical Center, spoke in support of the project.  The following resolution was then offered by Council Member Griggs and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 216, the request of MidMichigan Medical Center located at 4005 Orchard Drive, for site plan review and approval for a 20,000 square foot Ambulatory Surgery Center to be built on 2.25 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 216 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 216, contingent upon the following conditions:

1.        A fire hydrant is provided at the intersection of Mid-Michigan Drive and Wellness

           Drive.

2.        Site lighting will not cast illumination off site.

3.        Storm water retention plans are reviewed and approved by the City of Midland

           Engineering Department.

(Motion adopted.  Yeas:  Currie, Griggs, McKeag, Wazbinski    Nays:  None   Abstained:  Black)

 

Mayor Pro Tem Wazbinski handed the gavel back to Mayor Black.

 

1993 Sag-Mid Municipal Water Supply Corp Refunding Revenue Bonds - Refinance

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

WHEREAS, the City of Midland is a constituent member of the Saginaw Midland Municipal Water Supply Corporation (the “Corporation”) and has been informed that the Corporation proposes to refund its Water Supply System Revenue Bonds, Series 1993 (the “Prior Bonds”) and issue its Water Supply System Revenue Refunding Bonds (the “Bonds”) to pay the cost of refunding the Prior Bonds; and

WHEREAS, the refunding of the Prior Bonds and issuance of the Bonds will result in interest savings to the Corporation and lower costs to the City; and

WHEREAS, the Corporation and its constituent members are required by Act 34 of the Public Acts of Michigan of 2001, as amended to file an application to issue long term securities with the Municipal Finance Division of the Michigan Department of Treasury and to agree to certain undertakings so as to facilitate the issuance and sale of the bonds.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         The City Manager be and is hereby authorized to execute and file an application to issue long term securities in connection with the sale of the Bonds.

  2.       If applicable the City covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the “Rule”) and appoints the City’s Finance Director as its “Disclosure Representative” in accordance with the Rule.  The City’s Finance Director be and is hereby directed to provide annual disclosure in accordance with the Rule.

3.         All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion adopted.)

 

Arts Included Event – September 19, 2002

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the request from the Arc of Midland seeking permission to close Larkin Street from Ashman to Gordon, Gordon from Larkin to Main, Main from Ashman to Gordon and Ashman from Main to Ann for the purpose of holding an Arts Included event on Thursday, September 19, 2002, from 4:30 - 9:00 p.m., has been reviewed by the Administrative Staff and is hereby approved subject to the following conditions:

·         Obtain event liability insurance with minimum coverage of $500,000 per occurrence, $1,000,000 aggregate, with the City named as certificate holder and additional insured.  The certificate must be submitted to the City no less than five working days prior to the event.

·         The Department of Public Services will provide barricades, the City stage, 15 picnic tables and one set of bleachers.

·         Food vendors must comply with Department of Health requirements and may not serve alcoholic beverages unless licensed to do so.

; and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner.  (Motion adopted.)

 

Occupational Health Nurse Services

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland has designated the MidMichigan Urgent Care Center-Midland as its primary medical care facility for occupational health services; and

WHEREAS, the City has purchased occupational health nursing services from the Center since 1992; and

WHEREAS, it is recommended by the Human Resources staff to continue this relationship due to its positive impact on controlling Workers’ Compensation costs; and

WHEREAS, these services are deemed to be professional services in accordance with Section 2-19 of the Code of Ordinances, and do not require a competitive bid process; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to approve the purchase order to the MidMichigan Urgent Care Center for the services of an occupational health nurse at the rate of $31.00/hour for a maximum of 832 hours or $25,792 for fiscal year 2002-03.  (Motion adopted.)

 

2002 McKeith Storm Sewer and Street Reconstruction; Contract No. 22

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a storm sewer and reconstruction of McKeith Road from Hillgrove Parkway to Wilmington Drive; and

WHEREAS, during design engineering for the installation of the new storm sewer, an evaluation was made of the condition of the existing roadway and it was decided to reconstruct McKeith Road, while installing the storm sewer; and

WHEREAS, funding for this project is provided by the Storm Water Management Fund and Local Street Fund; and

WHEREAS, the reconstruction of McKeith Road was not included in the annual Construction Project Priority process and funding was not included in the 2002/03 Local Street Fund Budget to finance the street reconstruction and excess funds exist in the 2002/03 Local Street Fund from the Harding Street Reconstruction, which was funded with 2001/02 Local Street Fund and the Harding Street project was removed from the 2002/03 Local Street project list by Council on March 18, 2002, and that there is sufficient funding to finance the McKeith Road reconstruction cost of $42,000; now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2002 McKeith Storm Sewer and Street Reconstruction; Contract No. 22", in the indicated amount of $90,154.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the Finance Director is hereby directed to transfer $42,000 from the 2002/03 Local Street Fund Budget into the McKeith Road Reconstruction project to finance the reconstruction of McKeith Road during storm sewer installation; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Health Care Insurance Consulting Services

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, health care benefit management has become a complex and highly technical field; and

WHEREAS, City staff requires professional consulting assistance in areas such as health care benefit plan design and implementation, monitoring alternative health care insurance markets, funding of the cost of health care benefits for active and retired employees, review and support of health care claims and communications with employees regarding health care matters; and

WHEREAS, staff has interviewed and reviewed the qualifications and references of various potential providers of professional health care benefit consulting services and has determined that Saginaw Bay Underwriters, Inc. is the firm most qualified to provide said services to the City; and

WHEREAS, Saginaw Bay Underwriters, Inc., has submitted a proposal to provide said services to the City for the period October 1, 2002 through September 30, 2003, for a not-to-exceed fee of $50,642; and

WHEREAS, sufficient budgetary funding exists in the Human Resources activity of the 2002-03 General Fund budget; now therefore

RESOLVED, that professional health care benefit consulting services are hereby determined to qualify as professional services within the meaning of Section 2-19 of the Midland Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the proposal of Saginaw Bay Underwriters, Inc. in an amount not to exceed $50,642 is hereby accepted and the purchasing agent is authorized to prepare a purchase order in that amount.  (Motion adopted.)

 

Phase 4 Storm Sewer System Update Report

Noel Bush, Director of Utilities, presented information on the Phase 4 Storm Sewer System Update.  James Aiello and Curt Christensen, from the firm Hubbell, Roth & Clark, Inc., were present to answer any concerns regarding the Phase 4 report.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that the Phase 4 Storm Sewer System Update report be received and filed in the office of the City Clerk and additional copies be made available at the Grace A. Dow Memorial Library for public inspection; and

RESOLVED FURTHER, that a public hearing shall be conducted at 7:00 p.m. on Monday, October 14, 2002, in the Council Chambers of City Hall on said report.  (Motion adopted.)

 

2002-03 Service Center Rental Fund Budget Amendment

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., September 23, 2002 in the Council Chambers of City Hall on the proposal to amend the 2002-03 budget of the Service Center Rental Fund to recognize the unanticipated expense of replacing the telephone system at the Municipal Service Center.  (Motion adopted.)

 

Cable Access Advisory Commission Appointments

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that Robert Granstra, Jr. is hereby appointed as an MCTV Volunteer member and Roy Green is hereby appointed as a Citizen at Large member to the Cable Access Advisory Commission for terms expiring June 30, 2005, to be effective immediately.  (Motion adopted.)

 

Closed Session – Pending Litigation

Prior to hearing Agenda Item No. 16 calling for an adjournment to a closed session, Council Member Wazbinski, who will be unable to attend the closed session, requested that he be allowed to abstain on the item.  Council unanimously agreed to the abstention.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion adopted by a Roll Call Vote.  Yeas:  Black, Currie, Griggs, McKeag   Nays:  None    Abstained:  Wazbinski)

 

Being no further business the meeting adjourned to a closed session at 10:57 p.m.

 

 

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            Penny K. Kovacevich, City Clerk