September 29, 2003

 

A regular meeting of the City Council was held on Monday, September 29, 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 September 8, 2003 regular meeting was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

FIRE PREVENTION WEEK

City of Midland Fire Chief Leonardo Garcia gave an overview of events planned by the Midland Fire Department during the week of October 5 – 11, 2003, to recognize Fire Prevention Week in Midland.  During the month of October the Fire Department will be visiting schools and conducting tours of the Haley Street fire station.  On Saturday, October 11, 2003, the Fire Department will hold its annual Open House.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 5 – 11, 2003, as FIRE PREVENTION WEEK in Midland.  (Motion adopted.)  Mayor Black presented Chief Garcia with a proclamation proclaiming the week of October 5 – 11, 2003 as Fire Prevention Week in the City of Midland.

 

ZONING PETITION NO. 501

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Zoning Petition No. 501 – rezoning property west of Stark Road on the north side of East Saginaw Road at 1367 and 1419 East Saginaw Road from Township zoning to Office Service-2.  A public hearing opened at 7:15 p.m., no comments were made, the hearing closed at 7:17 p.m.  Council Member Currie moved, seconded by Council Member McKeag, to approve rezoning from Township zoning to Office Service-2.  After discussion, Council Member Wazbinski moved, seconded by Council Member Currie, to amend the rezoning from Township zoning to Residential A-1.  (Amendment approved by a 3/2 yea vote.  Yeas:  Black, Currie, Wazbinski    Nays:  Griggs, McKeag)  The following amended ordinance amendment was then presented for consideration:

 

ORDINANCE NO. 1567

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 A-1 WHERE A TOWNSHIP 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:

SECTION 2 T14N R1E COMMENCING AT INTERSECTION OF NORTH 1/8 LINE WITH NORTH LINE OF EAST SAGINAW ROAD (OLD US-10), THEN EAST 365 FEET, SOUTH 240.18 FEET, NW 435.9 FT ALONG NORTH LINE OF EAST SAGINAW ROAD (OLD US-10) TO POB

SECTION 2 T14N R1E COMMENCING 581 FEET WEST OF NORTH 1/8 CORNER ON EAST SECTION LINE WEST 265 FEET, SOUTH 240 FEET, SOUTHEAST 316.5 FEET, NORTH 414.6 FEET TO POB

be, and the same is hereby changed to Residential A-1.

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.  Yeas:  Black, Currie, Wazbinski   Nays:  Griggs, McKeag)

 

2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

Roger Elbers, Acting City Assessor, presented information on the “2003 Dublin Sanitary Sewer Improvement Special Assessment District”.  A public hearing opened at 7:23 p.m.  Charles McDonald, 4010 Dublin, requested Council grant a twenty year repayment plan at 2.5% annual interest.  Mr. McDonald read a letter from Dorothy Bowen of 4020 Dublin Avenue, requesting a twenty year repayment plan at 2.5% annual interest.  The hearing closed at 7:26 p.m.   Council Member Wazbinski moved, seconded by Council Member Currie to accept the resolution as presented with a five year repayment plan.  After discussion, Council Member Wazbinski moved, seconded by Council Member Currie, to amend the resolution allowing a twenty year repayment plan at 2.5% annual interest.  (Amendment approved by a 5/0 yea vote.)  The following amended resolution was then presented for consideration:

 

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

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

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

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $23,370.24 and that the total estimated cost of said improvements is $73,000.00, and the City at large cost is $49,629.76; and

RESOLVED FURTHER, that the amount of said roll shall be divided into twenty annual installments with interest, one of which is to be collected during the year of 2004, and one during each succeeding year for nineteen 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 twenty 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.)

 

ZONING TEXT AMENDMENT NO. 140a

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Zoning Text Amendment No. 140a to amend the Zoning Ordinance by amending Article II to define correctional facility; by amending Article XXX to provide parking standards for correctional facility; and by amending Article XI to list correctional facility as a use permitted via special use permit in the C-Community Zone.  A public hearing opened at 7:44 p.m., no comments were made, the hearing closed at 7:45 p.m.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1568

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 ORDINANCE BY AMENDING ARTICLE II TO DEFINE CORRECTIONAL FACILITY; AND BY AMENDING ARTICLE XXX TO PROVIDE PARKING STANDARDS FOR CORRECTIONAL FACILITY; AND BY AMENDING ARTICLE XI TO LIST CORRECTIONAL FACILITY AS A USE PERMITTED VIA SPECIAL USE PERMIT IN THE C – COMMUNITY ZONE

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:

Article XI­­­­­­—Community District, to amend Section 11.1(c)3., Permitted Uses After Special Approval, to allow  “Correctional Facilities - Access – All correctional facilities should have access to a major thoroughfare.  Any entrances where prisoners are brought into the facility should be from a major thoroughfare street.  Setback and Buffer from Residential Dwellings – Any part of the correctional facility or grounds accessible to prisoners shall be a minimum of three hundred (300) feet from any adjacent residential dwelling.  A buffer designed to minimize the visual and acoustic impacts of the facility shall be constructed in the required setback.  The buffer may consist of an earth berm, trees, landscaping or other materials acceptable to the City Council.  A fence or wall without landscaping shall not be considered an acceptable buffer.  Lighting – The site lighting for all correctional facilities shall meet the following requirements:  a.  Only non-glare, color-corrected lighting shall be permitted.  b.  All outdoor lighting shall be shielded, so as to focus the light downward onto the site and away from abutting lots.  The light source, or “hotspot” shall not be directly visible from abutting lots.  c.  Light trespass from a property shall not exceed 0.5 foot-candles at the lot line, measured five feet above the average grade.  d.  To prevent sky glow and glare or interference with the vision of motorists, lighting shall be shielded or designed to prevent light from projecting above a ninety (90) degree horizontal plane.  The City Council may allow fixtures that allow light to project above a 90-degree horizontal plane if the fixture is directed at a building internal to the facility, and the light source of the fixture is not visible from any public roads or any abutting residentially used or zoned lots.”; by amending Article II – Construction of Language and Definitions, by adding Section 2.1(28a) “Correctional Facility – A facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations; persons found guilty of civil or criminal contempt; and by amending Article XXX – Off-Street Parking Area Requirements, to add Section 30.1(b)2.a. “Correctional Facility – one (space) per each employee / staff assigned to the shift having the greatest number of employees / staff members plus one space for every four beds”.

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.)

 

BUDGET AMENDMENT FOR ENCUMBRANCES

Dave Keenan, City Controller, presented information on a budget amendment to encumber 2002/03 funds to the 2003/04 budget.  A public hearing opened at 7:52 p.m., no comments were made, the hearing closed at 7:53 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

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 29, 2003, on the proposal to amend the budgets of the General Fund, Grace A. Dow Memorial Library Fund, and Cable Communications Fund for the 2003-2004 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Transportation Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, and Equipment Revolving Fund for the 2003-2004 fiscal year in order to provide funding for June 30, 2003 encumbrances; now therefore

RESOLVED, that the 2003-2004 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

City Manager                                                                                             $                 1,500

Finance                                                                                                                       5,000

City Attorney                                                                                                                8,670

Clerk/Treasurer                                                                                                         15,855

Human Resources                                                                                                    79,600

City Hall                                                                                                                   112,000

Fire Administration                                                                                                      9,600

Fire Fighting                                                                                                              49,407

Engineering                                                                                                               15,709

Traffic Services                                                                                                           2,718

Parks                                                                                                                         15,513

Recreation                                                                                                               156,732

Plymouth Park Pool                                                                                                282,822

Stratford Woods Park                                                                                               20,000

Tax Appeals                                                                                                         1,201,593

Barstow Airport                                                                                                           9,799

Transfer to other funds                                                                                           160,000

Total General Fund                                                                                   $          2,146,518

Grace A. Dow Memorial Library Fund

Operations                                                                                                $                    630

Investment in assets                                                                                                 16,774

Total Grace A. Dow Memorial Library Fund                                             $               17,404

Cable Communications Fund

Operations                                                                                                $                    900

Investment in assets                                                                                                   4,752

Total Communications Fund                                                                    $                 5,652


 Landfill Fund

Operations and cell closure                                                                     $             164,842

Investment in assets                                                                                               279,600

Cell development                                                                                                 2,110,025

Total Landfill Fund                                                                                    $          2,554,467

Washington Woods Fund

Operations                                                                                                $                 2,510

Riverside Place Fund

Operations                                                                                                $               29,274

Transportation Fund

Investment in assets                                                                                $               30,000

Wastewater Fund

Wastewater operations                                                                            $               35,915

Investment in assets                                                                                               422,908

Total Wastewater Fund                                                                            $             458,823

Water Fund

Operations                                                                                                $               54,127

Water distribution – tower maintenance                                                                 373,600

Investment in assets                                                                                           3,610,100

Total Water Fund                                                                                      $          4,037,827

Data Processing Operations Fund

Operations                                                                                                $               49,956

Investment in assets                                                                                               391,377

Total Data Processing Operations Fund                                                 $             441,333

Equipment Revolving Fund

Investment in assets                                                                                $                 1,017

(Motion adopted.)

 

PUBLIC COMMENTS

Midland County Historical Museum – Gary Skory, Director of the Midland County Historical Society, spoke briefly regarding the upcoming dedication of the new Midland County Historical Museum, located on West Main Street at Cook Road.  The dedication will take place on Sunday, October 5, 2003, at 2:00 p.m. and is open to the public.

 

SITE PLAN NO. 220 – TACO BELL

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on a request from Taco Bell restaurant to approve Site Plan No. 220 for a 2900 square foot Taco Bell restaurant to be located at 1820 S. Saginaw Road on .76 acres.  LeRoy Asher from Miller, Canfield, Paddock & Stone, 150 West Jefferson, Suite 2500, Detroit, Michigan, spoke on behalf of Taco Bell.  Mr. Asher indicated the existing Taco Bell located at 2005 S. Saginaw Road is functionally obsolete and requested Council approve the site plan as originally submitted with a curb cut on Saginaw Road.  Elaine Rapanos, 1400 Avalon Street, spoke against the site plan, citing concerns over increased traffic in the parking lot.  Nick Rapanos, 1400 Avalon Street, spoke against the site plan and Alexander Irigoyen, 3717 Woodlawn, felt that there were several unresolved issues and spoke against the site plan.  Council Member Wazbinski moved, seconded by Council Member Currie, to approve the site plan as recommended by the Midland Planning Commission.  After discussion Council Member Wazbinski moved, seconded by Council Member Currie, to delete contingency number 2 “Traffic at the northwest corner of the site is safely and effectively “channelized” into the west drive aisle”.  (Amendment approved by a 5/0 yea vote.)  The following amended resolution was then presented for consideration:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 220, the request of Mr. Bill Beckett, WT Development for a 2,900 square foot Taco Bell restaurant with drive thru located at 1820 South Saginaw Road on .76 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 220 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. 220, contingent upon the following:

1.      Proposed curb cut on South Saginaw road is eliminated.

2.      Lane striping and signage are provided so as to effectively direct traffic at the southwest corner of the site.

3.      A permit is secured to construct sidewalk within the South Saginaw Road ROW so as to connect the site walkway with the public sidewalk prior to construction.

4.      Site lighting will not cast illumination off site.

5.      Site utility plans are approved by the City of Midland Utilities Department.

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

(Motion adopted.)

 

Mayor Black called for a break at 9:54 p.m.

 

Council reconvened at 10:04 p.m.

 

SITE PLAN NO. 230 – OFFICE & RESEARCH LABORATORY

Prior to taking up Agenda Item No. 8b, Mayor Black requested he be allowed to abstain from discussing and voting on Site Plan No. 230 for Aegis Environments.  Mayor Black, a partner in the law firm of Currie Kendall Polasky Meisel, PLC, represented MEDC in the sale of land to Aegis Environments.  Council unanimously agreed to the abstention.  Mayor Black handed the gavel to Mayor Pro Tem Wazbinski.  Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Site Plan No. 230 for Aegis Environments.  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. 230, for a 14,036 square foot office and research laboratory on the northwest corner of Ridgecrest Drive and Ridgewood Drive on 3.7 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 230 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. 230, contingent upon the following:

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

2.      Site lighting shall be identified and will not cast illumination off site.

3.      If site irrigation is planned, a separate water service is required.

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

 

Mayor Pro Tem Wazbinski returned the gavel to Mayor Black.

 

SITE PLAN NO. 231 – TWO STORY OFFICE BUILDING

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Site Plan No. 231 for Eastman Avenue Office Building.  Keith Thurlow, 6030 Londonberrie Court and petitioner for the site plan, spoke in support of approval of the site plan.  Mark Booth, 2402 Cranbrook Drive, spoke in support of the building.  Christine Plessner, 5405 Wallbridge, Ann Enszer, 5413 Wallbridge, Michael Skurski, 5400 Wallbridge, Terry Moody, 1601 Dilloway and Richard Enszer, 5413 Wallbridge, all spoke in opposition to the site plan.  Wayne Crosby, 2313 Oakfield Drive, spoke in favor of the site plan.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 231, for a 31,000 square foot two story office building on the east side of Eastman Avenue, south of Dilloway Drive on 2.48 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 231 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. 231, contingent upon the following:

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

2.      Site lighting shall be identified and will not cast illumination off site.

3.      Parking is not permitted along the service drive on the east side of the building.

4.      If site irrigation is planned, a separate water service is required.

5.      The aisle at the north end of the parking area is 24’ wide.

6.      The rear yard setback is increased to 48’.

7.      The developer present information regarding the character of a required masonry wall that will be in keeping with the neighborhood.

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

 

STERLING PARK ESTATES SUBDIVISION NO. 10 – SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from Todd Bennett, a proprietor of Sterling Park Estates Subdivision No. 10 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Sterling Park Estates Subdivision No. 10 until August 9, 2005, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by October 6, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

PURCHASE AGREEMENT FOR CHOICE HOUSE AT 330 COTTONWOOD

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 330 Cottonwood Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated September 22, 2003, was submitted by April H. Rich, in the amount of the appraised value of $85,000.00 plus any additional sum ($1,193.74) for appliances; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a third mortgage in the amount of $5,000.00 will be recorded but forgiven at a rate of 20 percent per year over five years; now therefore

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion adopted.)

 


WARRANTY DEED – REALIGNMENT OF WALDO COURT

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

 

WHEREAS,  the City of Midland desires to revise the alignment of the intersection of Waldo Court at Saginaw Road and that additional road right of way is required at the northwest corner of said intersection to re-align said intersection; now therefore

RESOLVED, that the attached Warranty Deed from Bradley J. Crawford and Elizabeth A. Crawford to the City of Midland, for the additional right of way required to re-align said intersection, in Section 35, T. 14 N., R. 2 E., is hereby accepted and that the Warranty Deed is ordered recorded.  (Motion adopted.)

 

EASEMENT AGREEMENT – HOME DEPOT DEVELOPMENT SITE

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

 

RESOLVED, that the attached Easement Agreement from Commercial Net Lease Realty Services, Inc., to the City of Midland, for public water mains on their private Home Depot site development, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER P-03-10

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

 

RESOLVED, that Traffic Control Order No. P-03-10 filed June 23, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Schade Drive from Wackerly Street to 50’ south of Wackerly Street.

(Motion adopted.)

 

TRAFFIC CONTROL ORDER P-03-11

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

 

RESOLVED, that Traffic Control Order No. P-03-11 filed June 23, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Dartmouth Street from E. Ashman Street to 25’ north of E. Ashman and from E. Ashman Street to 25’ south of E. Ashman Street.

(Motion adopted.)       

 

TRAFFIC CONTROL ORDER S-03-08

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

 

RESOLVED, that Traffic Control Order No. S-03-08 filed June 23, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Diamond Drive shall stop for Midfield Lane and Midfield Lane stop for Diamond Drive, thus making a three-way stop

is hereby made permanent.  (Motion adopted.)

 


LIBRARY PATRON RULES OF CONDUCT

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

 

WHEREAS, the Library Patron Rules of Conduct are necessary to maintain the desired environment in the library; and

WHEREAS, the Library Board has recommended their approval; now therefore

RESOLVED, that the City Council approve the Library Patron Rules of Conduct and direct City staff to post the Rules of Conduct in appropriate locations throughout the library.  (Motion adopted.) 

 

CHANGES TO CEMETERY RULES

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

 

WHEREAS, Section 6-19 of the Code of Ordinances allows that the City Council shall from time to time by resolution make rules pertinent to the Cemetery; and

WHEREAS, City staff has reviewed the Cemetery rules and proposed changes; and

WHEREAS, the Parks and Recreation Commission, at their meeting of Sept. 9, 2003, unanimously recommended that City Council approve the proposed changes; now therefore

RESOLVED, that the attached changes to the Cemetery rules be approved.  (Motion adopted.)

 

2004 REGULAR MEETING DATES FOR CITY COUNCIL

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2004 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

           January 12 and 26                                            February 9 and 23

           March 8 and 22                                                April 12 and 26

           May 10 and 17                                                  June 14 and 28

           July 12 and 19                                                  August 9 and 23

           September 13 and 27                                      October 11 and 25

           November 8 and 22                                          December 13 and 20

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion adopted.)

 


HEALTH INSURANCE CONSULTING SERVICES

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

 

WHEREAS, health care 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 recommends renewing health care consulting services with Saginaw Bay Underwriters for the period of October 1, 2003 through September 30, 2004 for a not-to-exceed fee of $50,642; and

WHEREAS, sufficient budgetary funding exists in the Human Resources activity of the 2003-04 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 Purchasing Agent is authorized to issue a purchase order in the amount of $50,642 to Saginaw Bay Underwriters of Saginaw, Michigan.  (Motion adopted.)

 

INTERGOVERNMENTAL AGREEMENTS FOR AIRPORT ROAD EXTENSION

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

 

WHEREAS, a report has been received from the City Engineer indicating that planning and design process for the Airport Road Extension Project has commenced; and

WHEREAS,  the City and the Midland County Road Commission wish to jointly pursue the Airport Road Extension Project by entering into the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF AIRPORT ROAD” and the “AGREEMENT REGARDING COMMON REPRESENTATION OF THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND”; now therefore 

RESOLVED, that the City Council accepts the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF AIRPORT ROAD” and the “AGREEMENT REGARDING COMMON REPRESENTATION OF THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND” and directs the Mayor and City Clerk to execute both agreements; and

RESOLVED FURTHER, the above-referenced legal 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 firm of Miller, Canfield, Paddock & Stone for their assistance in connection with the aforementioned matter is hereby authorized in an amount not to exceed $40,000.  (Motion adopted.)

 

2003 BARSTOW AIRPORT RUNWAY SAFETY AREA GRADING, TREE REMOVAL/TRIMMING, AND DRAINAGE IMPROVEMENTS – CHANGE ORDER #2

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

 

WHEREAS, on August 11, 2003, City Council awarded a contract to Porath Contractors Incorporated of Houghton Lake, Michigan for the 2003 Jack Barstow Airport Runway Safety Area Grading, Tree Removal/Trimming, and Drainage Improvements, Contract No. 18 for miscellaneous improvements at Jack Barstow Airport; and

WHEREAS, field observations by City Staff during construction activities northeast of Runway 06/24 have indicated that more selective tree cutting is required than estimated; and

WHEREAS, tree clearing provides a more cost effective alternative than selective tree cutting in this area; and

WHEREAS, Change Order No. 2 is being considered in the amount of $15,860.00 for additional tree clearing northeast of Runway 06/24; and

WHEREAS, the summary amount of contract changes for both Change Order No. 1 and Change Order No. 2 increases the total project cost by  $34,421.25; and

WHEREAS, this total exceeds the City Manager’s authorized approval limit of $20,000.00 for additional project funding; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 2 to the 2003 Jack Barstow Airport Runway Safety Area Grading, Tree Removal/Trimming, and Drainage Improvements, Contract No. 18, in the amount of a $15,860.00, thereby increasing the total project cost by $34,421.25.  (Motion adopted.)

 

GEORGE STREET BASIN STORM SEWER SYSTEM IMPROVEMENT DESIGN ENGINEERING SERVICES CHANGE ORDER #1

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

 

WHEREAS, in July 2003 a contract with Hubbell, Roth, and Clark of Bloomfield Hills, Michigan was executed by the Mayor and City Clerk for professional engineering design services for the George Street Storm Sewer System Improvement Project; and

WHEREAS, additional work that includes subsurface soil investigation and forcemain design has been requested by the City of Midland in the amount of $13,000; and

WHEREAS, funding is available in the project budget; now therefore

RESOLVED, that the City Manager is authorized to execute said Change Order No. 1, thereby increasing the total amount of the contract and the associated purchase order to $102,440; 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.)

 

TOPSOIL HAULING FOR LANDFILL

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

 

WHEREAS, the Landfill has immediate topsoil needs for various construction projects; and

WHEREAS, the Landfill has been extended an offer by Doc Heinz Contracting of Saginaw for the purchase of 11,000 cubic yards topsoil at a rate of $3.66 per cubic yard (totaling $40,260.00), well below the City's current annual topsoil bid price of $8.95 per cubic yard; and

WHEREAS, funds are available in the 2003/04 Landfill fund operating account #517-8110-811.93-42 – Ground Maintenance ($30,000.00) and capital account 517-9120-912.97-65 – Construction Projects ($10,260.00); now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and a purchase order is authorized for Doc Heinz Contracting of Saginaw in an amount not to exceed $40,260.00, for the purchase and hauling of 11,000 cubic yards of topsoil at a rate of $3.66 per cubic yard.  (Motion adopted.)

 

LANDFILL COMPOST PAD CONSTRUCTION

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

 

WHEREAS, sealed bids for the Landfill Compost Pad Construction, Bid No. 2711, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in Landfill Fund account #517-9120-912-97.65 - Capital Outlay/Land Improvements; now therefore,

RESOLVED, that the low bid proposal submitted by Johnston Contracting of Midland in the amount of $213,213.00 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $20,000.00.  (Motion adopted.)

 

MECHANICAL JOINT FITTINGS FOR WATER DEPARTMENT

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

 

WHEREAS, sealed bids for Bid No. 2712, Mechanical Joint Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available in the Water Fund Inventory Account; and

WHEREAS, the City will realize a substantial savings by dividing the award of this bid between all three vendors, based on the low compliant bid price for each item; now therefore

RESOLVED, that purchase orders are hereby authorized to East Jordan Iron Works ($30,108.22), Etna Supply Company ($33,398.70), and Municipal Supply Company ($3,346.20), for an aggregate amount not to exceed $66,853.12; and

RESOLVED FURTHER, that the City Manager is hereby authorized to make change orders in an aggregate amount not to exceed $5,000.  (Motion adopted.)

 

DIGESTER TANK CLEANING CHANGE ORDER

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

 

WHEREAS, the Wastewater Treatment Plant has two primary digester systems that make use of a biological process to break down and stabilize the sludge that is collected and removed from the waste water, and need to be emptied and cleaned from time to time because solids accumulate and cannot be removed without first being loosened from the digester tank and diluted with water; and

WHEREAS, sealed bids for Bid No. 2684, Digester Tank Cleaning Service for the Plant's east digester were received and opened on July 8, 2003, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lone bid was received from Synagro of Sparta, Michigan for the indicated amount of $20,000 ($.04/gallon x 500,000 gallons) was accepted, and the work was completed on September 16, 2003; and

WHEREAS, there existed more solids buildup than originally estimated, requiring an additional 260,000 gallons of water for the cleaning process, and as the bid amount is based on gallons removed, staff recommends that authorization be given for a change to the existing purchase order in the amount of $10,400.00 (260,000 x $.04), bringing the total amount for the cleaning, removal, and land application services to $30,400.00; and

WHEREAS, sufficient funds are available in 2003/04 Wastewater Fund account #590-8146-811.81-99 - Misc Contractual Services; now therefore

RESOLVED, that a change order to the existing Synagro purchase order in the amount of $10,400.00 is hereby authorized, bringing the total Digester Tank Cleaning Service purchase order to $30,400.  (Motion adopted.)

 

Being no further business the meeting adjourned at 11:32 p.m.

 

 

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            Penny K. Kovacevich, City Clerk