June 23, 2003

 

A regular meeting of the City Council was held on Monday, June 23, 2003, 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 June 9, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

Roger Elbers, Deputy City Assessor, presented information to Council on the 2003 Sidewalk Improvement Special Assessment District.  The project is for installation of a sidewalk on the north side of Mark Twain Drive at a cost of $710 to the residents.  A public hearing opened at 7:03 p.m., no comments were made, the hearing closed at 7:04 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $710.00 and that the total estimated cost of said improvements is $710.00, and the City at large cost is zero dollars; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2004, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 2.5 percent; and


RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

PROPOSED CABLE FRANCHISE RENEWAL AGREEMENT

Jack Duso, Assistant City Manager, presented information on the Cable Communications Franchise Renewal Agreement.  The agreement provides the negotiated terms and conditions for Charter Communications to offer cable television services in the City of Midland.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the current cable communications franchise agreement by and between Charter Communications and the City of Midland will expire on July 29, 2003; and 

WHEREAS, representatives of the City of Midland and Charter Communications have negotiated a cable communications franchise renewal agreement for consideration by the City Council; and

WHEREAS, the City staff has recommended that prior to approval of the agreement, it should be made available for public review at the City Clerk’s office and the Grace A. Dow Memorial Library; now therefore

RESOLVED, that the Cable Communications Franchise Renewal Agreement is hereby received and a copy of the agreement shall be placed on file for public review at the City Clerk’s office and the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager is hereby directed to schedule a special meeting of the Cable Access Advisory Commission to hear a presentation on the proposed Agreement before July 14 and place the proposed Agreement on the July 14, 2003 City Council meeting agenda for consideration of approval.  (Motion adopted.)

 

ORDINANCE AMENDMENT - ADDRESSES

Mark Ostgarden, City Planner, presented information on the second reading of an amendment to Chapter 22 of the Code of Ordinances that would add a new article and sections called “Addresses” under Article IV of Chapter 22.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1561

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 IV OF CHAPTER 22, THEREOF. 

The City of Midland Ordains:

Section 1. Article IV is hereby added to read as follows:

ARTICLE IV. ADDRESSES

Section 22-70 Addresses.

Addresses within the City of Midland shall be assigned by the City. 

Section 22-71 Municipal Civil Infraction.

Owners of property having an address not assigned by the City of Midland are responsible for a municipal civil infraction, and shall be subject to Section 34-5 of the City of Midland Code of Ordinances.  Nothing in this section shall be construed to limit the remedies available to the City in the event of a violation by a person of this ordinance.

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

 

ORDINANCE AMENDMENT – MUNICIPAL CIVIL INFRACTIONS (ADDRESSES)                   

Mark Ostgarden, City Planner, presented information on the second reading of an amendment to Chapter 34 Section 34-5 Municipal Civil Infractions of the Code of Ordinances that would add section 34-5(6).  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1562

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 34-5 MUNICIPAL CIVIL INFRACTIONS OF CHAPTER 34 BY ADDING SECTION 34-5(6) OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1.        Section 34-5 of Chapter 34 is hereby amended to read as follows:

Sec. 34-5. Municipal civil infractions.

A violation of any of the following provisions of the city code shall be a municipal civil infraction:

(1)               Chapter 8, Uniform Fire Code.

(2)               The city zoning ordinance.

(3)               Chapter 29, Stormwater Runoff Regulation and Control.

(4)               Section 22-2 of Article I of Chapter 22, Sign placement in the city right-of-way areas.

(5)               Article VI, Chapter 15, Telecommunications.

(6)               Article IV, Chapter 22, Addresses.

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

 

SEWER RATES ORDINANCE AMENDMENT

Noel Bush, Director of Utilities, presented information on the second reading of an amendment to Section 28-163, Division 3 – Rates of the City of Midland Sewer Ordinance.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. 1563

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 RATES, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 Rates, of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

     5/8" – ¾"

 $29.62

1"

 38.51

1 – ½"

 47.39

2"

 77.01

3"

 296.20

4"

 385.06

6"

 562.78

8"

 799.74

 (2) In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:    $1.37

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2003.  (Ordinance adopted.)

 

SANITARY LANDFILL DISPOSAL FEES ORDINANCE AMENDMENT

Noel Bush, Director of Utilities, presented information on the second reading of an amendment to Section 21-34 and repeal of Section 21-35 of Article I of Chapter 21 of the City of Midland Rates, Charges and Fees Ordinance.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1564

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-34 AND REPEALING SECTION 21-35 OF ARTICLE I OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.  Section 21-34 of Article I of Chapter 21 of the Code of Ordinances is hereby amended to read as follows:

Sec. 21-34. Sanitary landfill disposal fees.

(a)        Landfill disposal fees. Before being permitted to dispose of refuse, all vehicles seeking to discharge refuse at the city's sanitary landfill shall present the proper identification to the landfill attendant indicating that the refuse was generated within the City of Midland or Midland County and pay the attendant a fee as follows:

Type of Refuse

Disposal Fee

(1)*

General refuse delivered in a Passenger car, furnished camper

$  3.00

(2)*

General refuse delivered in a pickup, panel van, or trailer (under 3 yards), residential only

3.00

 

* One load per month per address of three cubic yards or less of general refuse and yard waste may be disposed at no charge to the resident, which shall be compensated by the city’s general fund.  One appliance may be included as part of the three free yards.  Additional loads and refuse in excess of three yards shall be charged according to the disposal fee schedule.

 

(3)

General refuse (per cubic yard)

5.50

(4)

Construction and Demolition material; Foundry Sand (per cubic yard)

10.00

(5)

Packer vehicles (per cubic yard) city/contractors

8.50

(6)

Tires (per each):

 

 

  Passenger car tire

5.00

 

  Truck tire

10.00

 

  Heavy equipment tire

15.00

(7)

Yard waste (per cubic yard)

3.00

(8)

Appliances (per each)

7.00

(9)

Contaminated soil/asbestos (per cubic yard)

12.00

(10)

Fee for sharps containers (per each)

3.00

(11)

Wastewater and water sludges/street dirt (per cubic yard)

10.00

(12)

Bulk medical waste (includes compacted)

10.00

(13)

Scrap metal (excludes appliances)

   3.00

(b)        The disposal fees above shall be doubled for refuse collected outside Midland County, but authorized by the city manager to be disposed at the city's landfill, or for local units of government in Midland County not having a solid waste disposal agreement with the city.

(c)        Landfill disposal fee calculation. The landfill disposal fee is based upon the generating location of the refuse, the type of material and the size of the load, as determined by landfill personnel.

(d)        Construction and Demolition material. Construction and demolition material are hereby defined as broken concrete, brick, masonry, pavement, roofing, drywall, wood, paneling, used building materials and other materials designated by the utilities director or his agent.

(e)        Yard waste.  Yard waste is hereby defined as grass clippings, leaves, brush, garden waste, trees and branches smaller than 12 inches in diameter and 8 feet long.

(f)         Landfill disposal fee billing administration. Regular landfill users with an account in good standing shall be issued charge cards and shall be billed monthly for their disposal fees. A penalty of two (2) percent of the bill, with a minimum of five dollars ($5.00) , shall be added to bills not paid to the city treasurer within thirty (30) days of the date of the billing. Access to the landfill for disposal shall be prohibited if the bill remains unpaid for more than sixty (60) days of the date of billing.  To regain access to the landfill all outstanding invoices (including those less than 60 days old) shall be paid in full.  Customers with an account not in good standing shall pay cash, certified check or money order for each load.

Section 2.  This ordinance shall take effect July 1, 2003.  (Ordinance adopted.)

 

PUBLIC COMMENTS

Laurie Smith, 1800 Dilloway Drive and Kimberly Loebig, 1709 Dilloway Drive, spoke in opposition to the street-widening project on Dilloway Drive.  (Individual comments made by above residents and Council members at this meeting regarding the Dilloway Drive Widening Project are on videotape, filed in the Clerk’s Office with the June 23, 2003 Council meeting packet.)

 

SITE PLAN NO. 224 – PIZZA HUT

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Site Plan No. 224 for Pizza Hut.  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. 224, the request of R.C. Engineering on behalf of Tri-City Foods for a 3,980 square foot restaurant located at 1516 North Saginaw Road on 1.19 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 224 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. 224, contingent upon the following:

1.         The westerly curb cut is a one-way out, right turn only configuration.

2.         Parking spaces shall be placed a minimum of ten feet from interior property lines in the Residential B Zone.

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.

(Motion adopted.)

 

SITE PLAN NO. 227 – HOME DEPOT

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Site Plan No. 227 for Home Depot.  Kim Gross, 461 Timberline Drive, Rochester, MI from Ross Properties, gave an overview of the project and spoke in support of the project.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 227, the request of Alan Boyer of Ledy Design Group, Inc. on behalf of Commercial Net Lease Realty Services for a 104,795 square foot Home Depot with an additional 28,078 square foot garden center and a separate 40,044 square foot retail structure located north of Joe Mann Boulevard, east of Eastman Avenue and west of Jefferson Avenue on 25.47 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 227 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. 227, contingent upon the following:

1.         Only one driveway (excluding the new public street) will be connected to Joe Mann Boulevard.  Driveway construction shall not result in a separate curb cut for the Home Depot project and a curb cut to the Wal-Mart site.

2.         Parking spaces are identified with required “box” striping.

3.         Site lighting will not cast illumination off site.

4.         Storm water drainage from the proposed public street will not be discharged across private property or into the private detention facility.

5.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

6.         Acceptance of deeds for public right of way following road construction.

(Motion adopted.)

 

EASEMENT AGREEMENTS FOR WATER & SEWER (DEAN JOHNSTON & FAMILY)

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

 

RESOLVED, that the attached easement agreements are hereby accepted and that the easement agreements are ordered recorded:

Easement agreement over Parcel B, property in Section 33, Township 15N, Range 2E, City of Midland, Midland County from Dean F. and Margaret E. Johnston and David D. Johnston a married man.

Easement agreement over Parcel C, property in Section 33, Township 15N, Range 2E, City of Midland, Midland County from Dean F. and Margaret E. Johnston and David D. Johnston a married man.

Easement agreement over Parcel D, property in Section 33, Township 15N, Range 2E, City of Midland, Midland County from Dean F. and Margaret E. Johnston and Lee A. Johnston.

Easement agreement over Parcel E, property in Section 33, Township 15N, Range 2E, City of Midland, Midland County from Dean F. and Margaret E. Johnston and Sharon R. Johnston.

Easement agreement over Parcel G, property in Section 33, Township 15N, Range 2E, City of Midland, Midland County from DM and B Limited partnership.

;and

RESOLVED FURTHER, that said easement agreements shall be used to construct, install, mark, operate, repair, use, alter, improve, replace, reconstruct, remove and maintain water and/or sanitary sewer lines for public purposes.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER D-03-05

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

 

RESOLVED, that Traffic Control Order No. D-03-05 filed April 14, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal control at the intersection of Jerome Street and Buttles Street shall operate in full color mode 24 hours per day, 7 days per week

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL OREDER P-03-06

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

 

RESOLVED, that Traffic Control Order No. P-03-06 filed March 27, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking time be limited to two hours in the recessed area on the southwest side of Union Street between Ashman Street and 120 feet northwest of Ashman Street and on the recessed area on the northwest side of Ashman Street between Union Street and 100 feet southwest of Union Street replacing the current one-hour parking restriction.

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER R-03-02

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

 

RESOLVED, that Traffic Control Order No. R-03-02 filed March 27, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That “No Turn on Red” control for westbound Saginaw Road at Orchard Drive be established

is hereby made permanent.  (Motion adopted.)

 

2002 ANNUAL DRINKING WATER QUALITY REPORT

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

 

RESOLVED, that the 2002 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk.  (Motion adopted.)

 

INTENT TO WITHDRAW FROM WHITE PINE LIBRARY COOPERATIVE

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

 

WHEREAS, based upon a recommendation of the City staff, the Grace A. Dow Memorial Library Board has recommended that the White Pine Library Cooperative be notified that the Grace A. Dow Memorial Library intends to withdraw from the White Pine Library Cooperative effective September 30, 2003; and

WHEREAS, the intent to withdraw may result in joining another cooperative or remaining with the White Pine Library Cooperative; now therefore

RESOLVED, that the City Council hereby authorizes and directs the Library Director to file with the White Pine Library Cooperative Board and the Library of Michigan a notice of intent of the Grace A. Dow Memorial Library to withdraw from the White Pine Library Cooperative effective September 30, 2003; and

RESOLVED FURTHER, that the Library Director is hereby authorized and directed to investigate membership in other cooperatives to determine which cooperative best meets the needs of the Grace A. Dow Memorial Library and the community it serves.  (Motion adopted.)

 

PARADE REQUEST FROM STEPPING STONE DAY CARE

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

 

RESOLVED, that the request from Stepping Stones Day Care to conduct a parade on June 30, 2003, utilizing the sidewalks in the public right of way is hereby approved; and

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

 

2003 COUNTRYSIDE & GREEN SANITARY SEWER; CONTRACT NO. 11

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

 

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 sanitary sewer  along Countryside Drive from Green Road to Dublin Avenue and on Green Road from Countryside Drive to 400 feet south; and

WHEREAS, funding for this project is provided by the Wastewater Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Fisher Contracting Company of Midland, Michigan, for the "2003 Countryside & Green Sanitary Sewers; Contract No. 11", in the indicated amount of $693,500.49, 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 City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

2003 WACKERLY WATER MAIN REPLACEMENT; CONTRACT NO. 15

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of water main on Wackerly Street from Sturgeon Avenue to Schade Drive; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by 3-S Construction, Inc. of Midland, Michigan, for the "2003 Wackerly Water Main Replacement; Contract No. 15", in the indicated amount of $144,497.00, 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 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.)

 

PERSONAL COMPUTER HARDWARE & SOFTWARE PURCHASE

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

 

WHEREAS, competitive pricing has been received from the Regional Educational Media Center of Michigan (REMC) contract in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Personal Computer hardware and software; and

WHEREAS, funds have been budgeted in the 2003-2004 Information Services Investment in Assets budget for Personal Computer hardware and software purchases; now therefore

RESOLVED, that the City Council hereby accepts the REMC contract pricing meeting the City’s specifications submitted by Hewlett Packard Company of Palo Alto, California in the amount of $117,763.00 for Personal Computer hardware and software and authorizes purchase orders to be issued.  (Motion adopted.)

 

WHOLESALE RAW WATER SERVICE AGREEMENT – CITY OF STANDISH

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

 

WHEREAS, the City of Standish has been a long-term raw water wholesale customer of the Saginaw-Midland Municipal Water Supply Corporation (Corporation) and is taking on new long-term debt to rework their water filtration plant, as well as water distribution system improvements; and

WHEREAS, a new contract with Standish is required to extend the term of the wholesale agreement to cover the term of Standish's new debt; and

WHEREAS, in accordance with the operating agreement between the City of Midland and the Corporation, the City must approve all wholesale water contracts; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the wholesale raw water service agreement dated May 15, 2003 between the Saginaw-Midland Municipal Water Supply Corporation and the City of Standish, Michigan.  (Motion adopted.)

 

REFUSE COMPACTOR LEASE - LANDFILL

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

 

WHEREAS, sealed bids for the three-year lease of one (1) Sanitary Landfill Compactor – Landfill, Bid No. 2669, for delivery after July 1, 2003, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the City Administration has reported that sufficient funds are available in the 2003/04 Landfill Budget, account #517-8110-811.94-11, Equipment Rental in the amount of  $158,000.00 for the first annual lease payment, and $15,124.68 is available in account #517-8110-811.93-21, Equipment Maintenance for year one scheduled preventive maintenance, for a total initial annual payment of $173,124.68; now therefore

RESOLVED, that the low compliant bid submitted by Midland Engine of Midland, Michigan in the amount of $158,000.00, plus the annual scheduled preventive maintenance amount of  $15,124.68, for a total of $173,124.68 per year ($519,374.04 total lease) is hereby accepted and purchase orders for said annual payments are authorized; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the lease and maintenance agreements subject to approval by the City Attorney.   (Motion adopted.)

 

SOLID WASTE DISPOSAL AGREEMENTS - LANDFILL

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

 

WHEREAS, the City of Midland owns and operates a sanitary landfill, and all Midland County townships or municipalities desire to contract with the City of Midland to utilize the landfill for the purpose of providing solid waste disposal services for their residents; and

WHEREAS, the solid waste disposal agreements have been updated and signed by the respective Midland County township or municipality officials; and

WHEREAS, the principal modification element in the agreements allows for the renewal for successive one year periods of time according to the same terms as set forth in the agreement unless either party notifies the other in writing at least 180 days prior to the desired expiration date; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the above described Solid Waste Disposal Agreements subject to approval by the City Attorney, and forward the signed agreements, along with the published revised landfill rates, to the appropriate Midland County township or municipality.  (Motion adopted.)

 

PAYMENT FOR CONTRACTED LEGAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid have been utilized in assisting the City of Midland in its legal defense of said appeal; and

WHEREAS, on January 13, 2003, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned services in a total amount not to exceed $5,000,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $5,250,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $250,000 from the Appraisal Fees account in the MCV Tax Appeal activity to the Legal Fees account in the MCV Tax Appeal activity.  (Motion adopted.)

 

PAYMENT FOR CONTRACTED LEGAL SERVICES – DOW TAX APPEALS

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002 and 2003 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on February 24, 2003, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $3,345,000; and

WHEREAS, the cost of continuing said legal services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the Dow Corning and The Dow Chemical Tax Appeal activity of the 2002-2003 and 2003-2004 General Fund budgets; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $4,345,000.  (Motion adopted.)

 

Being no further business the meeting adjourned at 8:22 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk