November 24, 2003

 

A regular meeting of the City Council was held on Monday, November 24, 2003, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  Boy Scout Troop #720 – St. John’s Episcopal Church led those assembled in the Pledge of Allegiance to the Flag.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 10, 2003 regular and November 19, 2003 special meetings was offered by Councilman McKeag and seconded by Councilman Johnson.  (Motion adopted.)

 

RECOGNITION OF RAY SENESAC – MICHIGAN SOCIETY OF PLANNING CITIZEN PLANNER PROGRAM

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 October 18, 2003; and

WHEREAS, Ray has served on the City of Midland’s Planning Commission since July, 1995; and

WHEREAS, Ray currently serves as the chairman of the Midland Planning Commission; now therefore

RESOLVED, that the City of Midland proudly recognizes Mr. Ray Senesac for completing the Citizen Planner Program; and

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 7:15 p.m., no comments were made, the hearing closed at 7:16 p.m.   The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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 Eastman Avenue at the location of Dow Gardens Natural Forest Visitors CenterInterpretive Center causes a safety hazard for pedestrian and vehicular traffic.  Mr. Hepenstal congratulated the new councilmen on their election and complimented the most recent council for its efforts to improve citizen communication and to involve citizens in its decision making.  Mr. Hepenstal encouraged the council to be diligent in following the City Charter and to maintain a healthy concern for the economic condition of Midland when it comes to issues like ongoing tax appeals, Civic Arena project and the Ashman Circle study.

 

LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

Assistant City Manager Jack Duso presented information on the Local Officers’ Compensation Commission 2003 Determinations Report and recommendations regarding council salaries.  Mr. Duso introduced Bruce Peck, Chair of the Local Officers Compensation Commission.  Mr. Peck summarized the findings in the 2003 LOCC Determinations.  Oswald Anders, 801 Linwood Drive, commented on the mayor’s salary.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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 December 8, 2003 City Council agenda for the purpose of hearing any public comments prior to any action taken by the City Council.  (Motion adopted.  Yeas:  Black, McKeag, Myers, Rokosz  Nays:  Johnson)

 

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, 1355 McKimmy Drive, Beaverton, Midland Area Homes Board Member, encouraged Council to postpone action until Altman Management Co. could be present.  Oswald Anders, 801 Linwood Drive, an area landlord, spoke about his concerns for the private rental market.  Steve Zimmerman, 1345 E. Monroe Road, with the Midland Area Real Estate Investors Association stated he would present his information when Council rescheduled this item.

 


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 Midland, the City Council hereby extends the period of time to complete the sidewalks within Scenic Estates Subdivision No. 5 until November 8, 2005.  (Motion adopted.)

 

WOODVIEW PASS ESTATES SUBDIVISION NO. 1 – SIDEWALK TIME EXTENSION

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 December 12, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion denied.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

WOODVIEW PASS ESTATES SUBDIVISION NO. 4 – SIDEWALK TIME EXTENSION

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 Midland, the City Council hereby extends the period of time to complete the sidewalks within Woodview Pass Subdivision No. 4 until October 15, 2004.  (Motion denied.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

DONATION FOR ACQUISITION OF PROPERTY (ZIMMERMAN PROPERTY)

Assistant City Manager Jack Duso presented information on the city’s purchase of property at 512-514 W. Ellsworth Street, 311 Eastman Avenue and 313 Eastman Avenue and acknowledged the generous donations from the Herbert H. and Grace A. Dow Foundation and the Rollin M. Gerstacker Foundation which facilitated the purchase of said property.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

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 512-514 West Ellsworth Street, 311 Eastman Avenue, and 313 Eastman Avenue at the purchase price of $100,000.  (Motion adopted.)

 

MIDLAND COUNTY/CITY OF MIDLAND EMERGENCY OPERATIONS PLAN

Assistant City Manager Jack Duso presented information on the County of Midland/City of Midland Emergency Operations Plan.  Emergency Services Coordinator Roger Garner spoke in support of the plan.  The following resolution was then offered by Councilman Johnson and seconded by Councilman McKeag:

 

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 Midland Emergency Operations Plan as submitted and authorizes and directs the City Manager to certify said plan by his signature.  (Motion adopted.)

 

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 Midland Flexible Spending Plan by delivering to each employee a copy of the summary description of the changes to the Plan in the form of the Summary Plan Description – Material Modifications.  (Motion adopted.)

 

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 February 29, 2000 the Michigan Court of Appeals entered an Opinion in favor of Meijer, Inc. which, in part, the City of Midland appealed to the Michigan Supreme Court.  Further, the Opinion remanded certain issues back to the Michigan Tax Tribunal; and

WHEREAS, on September 26, 2000 the Michigan Supreme Court denied the City of Midland’s Application for Leave to Appeal; and

WHEREAS, on September 29, 2003 the Michigan Tax Tribunal ordered that briefs be prepared and submitted.  The City of Midland’s Brief on Remand was subsequently submitted to the Michigan Tax Tribunal on November 10, 2003; and

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 218 East Larkin Street; and

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 8:56 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk