A regular meeting of the City
Council was held on
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
RECOGNITION OF RAY SENESAC –
City Planner Mark Ostgarden presented information on the Michigan Society of Planning Citizen Planner Course and introduced Ray Senesac, Chairman of the Midland Planning Commission, who recently completed the course. Mr. Senesac thanked Council for their support of the Planning Commission and acknowledged how the unique working relationship among members of the Planning Commission and between the Commission and Council is a great reflection on the Midland Community. Mayor Black then presented Ray Senesac the following resolution of recognition for his completion of the Citizen Planner Program:
IN RECOGNITION
WHEREAS, the Michigan Society of Planning
Citizen Planner Program is a six-part program comprised of issues regarding
planning and zoning, site plan reviews, boards of appeals, legalities, best
practices, and running effective meetings; and
WHEREAS, Mr. Ray Senesac is one of 37
individuals from the State of Michigan who completed the Michigan Society of
Planning Citizen Planner Program on October 18, 2003; and
WHEREAS, Ray received a certificate of
completion during a Citizen Planner graduation ceremony
WHEREAS, Ray has served on the City of
WHEREAS, Ray currently serves as the
chairman of the Midland Planning Commission; now therefore
RESOLVED, that the City of
RESOLVED FURTHER, that the City Council
congratulates Ray on achieving the title of Citizen Planner.
2003-04 GENERAL FUND PUBLIC WORKS SIDEWALK
MAINTENANCE BUDGET AMENDMENT
City Controller David Keenan
reviewed the city’s process for encumbering funds and presented information on
a budget amendment to encumber 2002-03 funds to the 2003-04 budget. A public hearing opened at
WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, after having given proper legal notice, and having conducted a public hearing, Monday, November 24, 2003, on the proposal to amend the 2003-04 General Fund budget to provide $25,069 of additional funding for June 30, 2003 encumbrance for Public Works Sidewalk Maintenance; now therefore
RESOLVED, that the 2003-04 General Fund budget be amended by increasing
appropriations for Public Works Sidewalk Maintenance by $25,069. (Motion adopted.)
PUBLIC COMMENTS
Mr. Charles Hepenstal, 1317 N.
Parkway, expressed concern that the construction on
LOCAL OFFICERS’ COMPENSATION COMMISSION
DETERMINATIONS
WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation Commission has duly met and approved its 2003 Local Officers’ Compensation Commission Determinations; and
WHEREAS, said determinations were officially filed by the Chairman of the Local Officers’ Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on November 20, 2003; and
WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances the determinations made by the Local Officers’ Compensation Commission shall become effective on December 20, 2003 unless said determinations are rejected by a 4/5 vote of the City Council; now therefore
RESOLVED, that the City Clerk’s notification of the filing of 2003 Determination of the Local Officers’ Compensation Commission of the City of Midland on November 20, 2003 is hereby acknowledged by the City Council as having been received; and
RESOLVED FURTHER, that the City Council hereby directs that an additional copy of the 2003 Determinations of the Local Officers’ Compensation Commission be filed in the Governmental Corner of the Grace A. Dow Memorial Library for public review; and
RESOLVED FURTHER, that the City
Manager is hereby directed to place this item on the
REQUEST FOR MODIFICATION OF PILOT FOR
CHARTER SQUARE & GREEN HILL APTS
No action taken – Representatives
from Altman Management Company were unable to attend the Council meeting due to
inclement weather. Gene Kruger,
SCENIC ESTATES SUBDIVISION NO. 5 – SIDEWALK
TIME EXTENSION
City Planner Mark Ostgarden presented information on a request to extend the time for completion of sidewalks in Scenic Estates Subdivision No. 5. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, a written request has been received from John Rapanos, a proprietor of Scenic Estates Subdivision No. 5 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
City Planner Mark Ostgarden presented information on a request to extend the time for completion of sidewalks in Woodview Pass Estates Subdivision No. 1. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, a written request has been received from John Rapanos, a proprietor of Woodview Pass Estates Subdivision No. 1 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 Woodview Pass Estates Subdivision No. 1 until November 23, 2004, 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
City Planner Mark Ostgarden presented information on a request to extend the time for completion of sidewalks in Woodview Pass Estates Subdivision No. 4. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, a written request has been received from John Rapanos, a proprietor of Woodview Pass Subdivision No. 4 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
DONATION FOR ACQUISITION OF PROPERTY
(ZIMMERMAN PROPERTY)
WHEREAS, The Herbert H. & Grace A. Dow Foundation and the Rollin M. Gerstacker Foundation have each awarded the City of Midland $50,000 to be used for acquisition of real property located at 512-514 West Ellsworth Street, 311 Eastman Avenue, and 313 Eastman Avenue; and
WHEREAS, Section 2-20 of the Code of Ordinances provides that contracts may be awarded involving the expenditure of funds received as gifts, and therefore not public funds, without the necessity of soliciting competitive quotations or sealed bids by the city; and
WHEREAS, the City of Midland intends to raze the existing structures on the subject parcels so that the property can be used for construction of a new single family home in conjunction with the Midland Public Schools; now therefore
RESOLVED, that the City Council hereby accepts a $50,000 grant from the Herbert H. and Grace A. Dow Foundation as well as a $50,000 grant from the Rollin M. Gerstacker Foundation for the purpose of real property acquisition; and
RESOLVED FURTHER, that in accord with Section 2-20 of the Code of Ordinances sealed proposals are not required and a purchase agreement between the City of Midland and Robert L. Zimmerman and Marie A. Zimmerman for the purchase of property located at 512-514 West Ellsworth Street, 311 Eastman Avenue and 313 Eastman Avenue is hereby approved; and
RESOLVED
FURTHER, that the City Council hereby authorizes the Mayor to enter into a
purchase agreement with Robert L. Zimmerman and Marie A. Zimmerman to acquire
property located at
MIDLAND COUNTY/CITY OF
WHEREAS, Section 35-3 of the Code of Ordinances of the City of Midland designates the Midland County Emergency Operations Plan as the City’s emergency operations plan; and
WHEREAS, Section 35-8 of the Code of Ordinances requires the City Manager to review the effectiveness of the Midland County Emergency Operations Plan at least once every four years; and
WHEREAS, the Emergency Management Act (Public Act 390 of 1976, as amended) requires each county and every city over 25,000 in population to re-certify the emergency operations plan at least every four years; and
WHEREAS, the Midland County Emergency Services Director has requested that the City of Midland re-certify the County of Midland/City of Midland Emergency Operations Plan; now therefore
RESOLVED, that the City Council
hereby approves the County of Midland/City of
FLEXIBLE SPENDING ACCOUNT AMENDMENT
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, the Internal Revenue Service has issued revised regulations allowing over the counter medications to be reimbursed through Flexible Spending Plans, and that such plans must be amended in order to take advantage of the revised regulations; now therefore
RESOLVED, that Amendment Number Two to the City of Midland Flexible Spending Plan effective January 1, 2004, in compliance with the newly revised Internal Revenue Service regulations, is hereby approved and adopted and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said amendment to the Plan Administrator; and
RESOLVED FURTHER, that the Plan
Administrator shall act as soon as possible to notify employees of the adoption
of the Amendment Number Two to the City of
FAST ICE, INC. – NON-PROFIT RECOGNITION
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that the request from Fast Ice, Inc. of the City of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval. (Motion adopted.)
LEGAL SERVICES – MEIJER TAX APPEAL
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, Meijer, Inc. appealed the 1993 and 1994 assessments and
taxable values of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS, on
December 17, 1997 an Opinion and Judgment was entered by the Michigan Tax
Tribunal in favor of Meijer, Inc. which the City of Midland subsequently
appealed to the Michigan Court of Appeals; and
WHEREAS, on
WHEREAS, on September 26, 2000 the Michigan Supreme Court denied the
City of Midland’s Application for Leave to Appeal; and
WHEREAS, on
WHEREAS, the law firm of Reed, Stover and O’Connor, P.C. was retained
in 1995 to assist the City of Midland in its defense of this appeal, however,
in October 2003 the City of Midland decided that it was in its best interests
to replace this firm with the law firm of Miller, Canfield, Paddock &
Stone, PLC; and
WHEREAS, the cost of said services to continue this appeal will exceed
$20,000.00 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 2003-2004
General Fund budget for the general tax appeal cases; and
WHEREAS, 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; now therefore
RESOLVED, that payment to the law firm of Miller, Canfield, Paddock
& Stone, PLC for its assistance in connection with the aforementioned
appeal is hereby authorized in an amount not to exceed $200,000.00. (Motion adopted.)
PROPOSED
AMENDMENT TO 2003-04 DDA FUND BUDGET
The following resolution was offered by Councilman McKeag and seconded
by Councilman Johnson:
WHEREAS, the Midland Downtown Development Authority has determined
acquisition of real property desirable to further its goals; and
WHEREAS, the Downtown Development Authority recommends that the City
acquire the parcel located at
WHEREAS, the present owner of the property, the John A. McCandless
Trust, has agreed to sell said property for $32,400; and
WHEREAS, since the 2003-04 Downtown Development Authority Fund budget
does not include an appropriation for this purchase, a budget amendment is
necessary before the purchase can be made; and
WHEREAS, sufficient funds exist in the fund balance of the Downtown
Development Authority Fund; now therefore
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., Monday, December 8,
2003 in the Council Chambers of City Hall on the proposal to amend the
2003-2004 Downtown Development Authority Fund budget to appropriate $32,400
from fund balance to the Capital Outlay/Land account for the purpose of
acquiring property at 218 East Larkin Street.
(Motion adopted.)
SEWER LINE REPAIR
The following resolution was offered by
Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, on September 29 the City was notified by the Michigan
Department of Environmental Quality that it suspected a sewer overflow into the
Sturgeon Creek at Sugnet Road, east of Main Street; and
WHEREAS, wastewater staff investigated the 21-inch (installed in 1962)
and 24-inch (installed in 1988) gravity sanitary sewer lines that pass parallel
through the culvert at this location, revealing that the 21-inch steel crossing
pipe was leaking raw sewage into the Sturgeon Creek; and
WHEREAS, the faulty pipe is located in the culvert under the street,
and it was determined that it would be most cost effective to line this
particular stretch of pipe to avoid digging up the road, culvert, and creek
flow channel and banks; and
WHEREAS, staff placed an emergency order for a liner to Insituform
Technologies., and the 21-inch liner was installed on October 1 and the sewer
was returned to service; and
WHEREAS, the total cost of $25,200.00 for lining 60 feet of 21-inch
pipe was based, in part, by length and diameter, but also included
considerations for the emergency mobilization and the customization and
overnight delivery of the liner; and
WHEREAS, funds are available in the 2003/04 Wastewater Fund, account
#590-9120-912.97-50 - Capital Outlay / Sewer System for the purpose of lining
repairs; now therefore
RESOLVED, that a purchase order is hereby authorized to Insituform
Technologies USA, Inc. in the amount of $25,200.00. (Motion adopted.)
LEACHATE EXTRACTION PUMP SYSTEM
The following resolution was offered by
Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, due to less stringent cell construction regulations in the 1970’s no leachate extraction system was installed in Cells 1-6; and
WHEREAS, changes in state regulations prior to the closure of Cells 1-13 required that a leachate extraction system be included in the closure design; and
WHEREAS, an extraction system has already been installed for Cells 7-13 to satisfy the current regulations; and
WHEREAS, sealed bids for the supply of pumps and accessories for Cells 1-6 leachate extraction system, Bid No. 2718, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS, the bid specifications to supply pumps and accessories for leachate extraction were met by the lone bidder, EPG Companies Inc. of Maple Grove, Minnesota, at the indicated price of $55,925.00; and
WHEREAS, the City Administration has reported that sufficient funds are available in project LF0402 Cells 1-6 Leachate Collection; now therefore
RESOLVED, that the lone bid submitted by EPG Companies Inc. in the amount not to exceed $55,925.00 is hereby accepted and a purchase order for said amount is authorized. (Motion adopted.)
LOW PROFILE SIGN TRUCK WITH SCISSOR LIFT
The following resolution was offered by
Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, sealed proposals were advertised
and received in accord with Article II of Chapter 2 of the Midland Code of
Ordinances for the purchase of a Low Profile Sign Truck with Scissor Lift, Bid
No. 2717; and
WHEREAS, sufficient funding for the new truck is included in the 2003-04
Equipment Revolving Fund and Engineering budgets for Capital Outlay, Vehicles;
now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in
the net amount of $64,187.00 for the purchase of a low profile sign truck with
scissor lift, including trade-in of city equipment number 3-51, in accordance
with the proposal and city specifications.
(Motion adopted.)
AEGIS ENVIRONMENTS, INC. – IFT APPLICATION
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that an
application dated November 3, 2003 was received November 5, 2003 from Aegis
Environments, Inc. with supporting data pursuant to Public Act 198 of the
Public Acts of the State of Michigan of 1974, as amended, for an industrial
facilities exemption certificate within the Eagleridge Industrial Development
District No. 1 relating to new facilities for both real and personal property
with the facility intended to provide for the construction of an approximately
14,000 square foot building with office and laboratory space along with
personal property including laboratory fixtures, laboratory equipment,
telecommunications equipment and office furniture and equipment in the amount
of $1,788,868 relating to new facility approval to allow further expansion in
the Eagleridge Industrial Development District No. 1 is hereby acknowledged
received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER,
a hearing shall be held before the City Council on Monday, December 8, 2003, at
7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street,
Midland, Michigan, for the purpose of affording the applicant, the City
Assessor and representatives of the affected taxing units an opportunity for a
hearing on the application and the City Clerk shall provide written notice
thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)
PROPOSED 2003-04 GENERAL FUND BUDGET AMENDMENT
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
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., December 8, 2003 in the Council Chambers of City Hall on the
proposal to amend the 2003-04 budget of the General Fund to recognize $90,000
of unanticipated revenue from an Equipment Revolving Fund reimbursement for a
vehicle that is not going to be replaced, and to designate $40,000 of the
unanticipated General Fund revenue to a line item for an upgrade of a street
sweeper unit. (Motion adopted.)
PROPOSED 2003-04 EQUIPMENT REVOLVING FUND
BUDGET AMENDMENT
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
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., December 8, 2003 in the Council Chambers of City Hall on the
proposal to amend the 2003-04 budget of the Equipment Revolving Fund to
increase expenditures in the Capital Outlay, Vehicles account by $22,000 for
the unanticipated replacement of a police car that was totaled in a recent
collision and to increase the revenue by $14,911 to reflect insurance money
collected for the wrecked vehicle. (Motion adopted.)
Being no further business the
meeting adjourned at
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Selina Tisdale, City Clerk