March 8, 2004

 

A regular meeting of the City Council was held on Monday, March 8, 2004, 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.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 23, 2004 regular meeting as amended was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion adopted.)

 

NOTE:   MAYOR BLACK MOVED AGENDA ITEM #10 TO FOLLOW AGENDA ITEM #3.  FOR EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA AND NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

 

2003 POLICE OFFICER OF THE YEAR

James St. Louis, Chief of Police, introduced Sgt. George Hutter as the 2003 recipient of the Carl and Esther Gerstacker Police Officer of the Year Award.  Mayor Black presented a plaque to Sgt. Hutter and congratulated him on achieving excellence in public safety.

 

ZONING PETITION NO. 505

Assistant City Manager Jon Lynch presented information on Zoning Petition No. 505 to rezone property at 1610 Bookness Street from Residential A-4 to Office Service 2.  The public hearing opened at 7:25 p.m.  Director of Family and Children’s Services Bonnie McManus spoke in support of the rezoning.  The public hearing closed at 7:28 p.m.  The following ordinance amendment was then offered by Councilman Myers and seconded by Councilman Johnson:

 

ORDINANCE NO. 1571

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 OFFICE SERVICE 2 WHERE A RESIDENTIAL A-4 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:

LOT 4 BOOKNESS ADDITION.

be, and the same is hereby changed to Office Service 2.

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:  McKeag, Myers, Rokosz   Nays:  Black, Johnson)

 


BUDGET AMENDMENT – CONSTRUCTION OF DOCK NEAR TRIDGE

Department of Public Services Director Martin McGuire presented information on a generous $70,000 grant from the Midland Area Community Foundation for the design and construction of a dock near the Tridge.  He also presented information on a generous $200,000 grant from the Rollin M. Gerstacker Foundation for the construction of a Sprayground for community use on Longview School property.  A public hearing opened at 7:48 p.m., recognizing no public comments, the hearing closed at 7:49 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, 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 on Monday, March 8, 2004, on the proposal to amend the 2003-04 General Fund Budget to recognize a donation from the Midland Area Community Foundation of $70,000 and the unanticipated expenses related to a dock reconstruction near the Tridge; now therefore

RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $70,000 to recognize a gift from the Midland Area Community Foundation and to increase expenses by $70,000 to recognize the unanticipated expense related to a dock reconstruction near the Tridge.  (Motion adopted.)

 

BUDGET AMENDMENT – CONSTRUCTION OF SPRAYGROUND AT LONGVIEW

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, 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 on Monday, March 8, 2004, on the proposal to amend the 2003-04 General Fund Budget to recognize a donation from the Rollin M. Gerstacker Foundation of $200,000 and the unanticipated expenses related to the construction of a Sprayground for community use on Longview School property; now therefore

RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $200,000 to recognize a gift from the Rollin M. Gerstacker Foundation and to increase expenses by $200,000 to recognize the unanticipated expense related to construction of a Sprayground for community use on Longview School property.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

RECREATION FEES – ORDINANCE AMENDMENTS

Director of Public Services Martin McGuire presented information on ordinance amendments for the Civic Arena, Golf Course, Swimming Pool, and General Recreation fees.  John Jossi, 5316 Gardenbrook Drive and Paul Handt, 5101 Highridge Court, spoke in regard to the proposed golf fees.  The following four ordinance amendments were then presented for consideration:

 

CIVIC ARENA FEES – ORDINANCE AMENDMENT

The following ordinance amending Civic Arena Fees was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1572

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

        (1)      Individual Ice Skaters                    $         3.00                  per session

                  $.25 per skater surcharge, earmarked for improvements or new facility           

        (2)      Skating Pass (25 Admissions)     $       65.00                  per pass

                  $6.25 per pass surcharge, earmarked for improvements or new facility

        (3)      Skate Rental                                 $         1.50                  per session

        (4)      Rink Rental                                   $     141.50                  per hour

                  $20.00 per hour surcharge, earmarked for improvements or new facility

        (5)      Rink Rental (M-F, 8am-2pm)        $     102.00                  per hour

                  $14.50 per hour surcharge, earmarked for improvements or new facility

        (6)      Summer Rink Rental                    $     149.50                  per hour

                  $10.50 per hour surcharge, earmarked for improvements or new facility

        (7)      Non-Ice Rental (Full Building)       $   2000.00                  per day

        (8)      Non-Ice Rental (1/2 Building)        $   1000.00                  per day

        (9)      Non-Ice Rental (1/4 Building)        $     500.00                  per day

Note: Surcharge effective August 15, 2002 and shall be placed in a Trust and Agency Fund

Section 2.        This Ordinance shall take effect on June 1, 2004.  (Ordinance adopted.)

 

GOLF COURSE FEES – ORDINANCE AMENDMENT

The following ordinance amending Golf Course Fees was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1573

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

 (1)

Regular: 9-hole, Weekday, East Course

$  10.00

 

per play

 

Regular: 9-hole, Weekday, West Course

$  12.00 

 

per play

 

Regular: 9-hole, Weekend, East Course

$  12.00

 

per play

 

Regular: 9-hole, Weekend, West Course

$  17.00

 

per play

(2)

Regular: 18-hole, Weekday, East Course

$  18.00

 

per play

 

Regular: 18-hole, Weekday, West Course

$  23.00

 

per play

 

Regular: 18-hole, Weekend, East Course

$  20.00

 

per play

 

Regular: 18-hole, Weekend, West Course

$  29.00

 

per play

 

18-hole, Weekend after 2:00 pm, West Course

$  23.00

 

per play

(3)

Senior & Youth: 9-hole (7:00 a.m. - 3:00 p.m., M - F), East Course

$  7.00

 

per play

 

Senior & Youth: 9-hole (7:00 a.m. - 3:00 p.m., M - F), West Course

$  8.00

 

per play

(4)

Senior & Youth: 18-Hole (7:00 a.m.- 3:00 p.m., M - F), East Course

$  12.00

 

per play

 

Senior & Youth: 18-Hole (7:00 a.m.- 3:00 p.m., M - F), West Course

$  14.00

 

per play

(5)

Twilight golf, East Course (After 6:00 p.m. before Memorial Day & after Labor Day; after 7:00 p.m. June – August)

$  7.00

 

per play

 

Twilight golf, West Course (After 6:00 p.m. before Memorial Day & after Labor Day; after 7:00 p.m. June – August)

$  8.50

 

per play

(6)

Winter rate (November 1 – March 1), East & West Course

$  5.00

 

per play

(7)

Regular: Par 3

$  6.00

 

per play

(8)

Senior and youth: Par 3

$  4.00

 

per play

(9)

20-play pass (9-hole), Weekday only

$ 210.00

 

per pass

(10)

Unlimited Play: East & West Course

 

 

 

 

Single season pass

$ 640.00

 

per pass

 

Double season pass

$ 1025.00

 

per pass

(11)

Restricted Play: Unlimited East Course play, Weekday on West and Weekends on West after 2:00 p.m.

 

 

 

 

Single season pass

$ 575.00

 

per pass

 

Double season pass

$ 920.00

 

per pass

(12)

Senior & Youth Unlimited Play: East & West Course

 

 

 

 

Single season pass

$ 560.00

 

per pass

 

Double season pass

$ 895.00

 

per pass

(13)

Senior & Youth Restricted Play: Unlimited East Course play, Weekday on West and Weekends on West after 2:00 p.m.

 

 

 

 

Single season pass

$ 505.00

 

per pass

 

Double season pass

$ 810.00

 

per pass

(14)

Senior/Youth Limited: 9 holes Weekday before 3:00 p.m. with differential for non-discounted times

 

 

 

 

Single season pass

$ 360.00

 

per pass

 

Double season pass

$ 575.00

 

per pass

 

Weekend differential, East 9

$  5.00

 

per play

 

Weekend differential, West 9

$  9.00

 

per play

 

Weekend differential, East 18

$  8.00

 

per play

 

Weekend differential, West 18

$ 15.00

 

per play

 

Weekday differential, East 9

$  3.00

 

per play

 

Weekday differential, West 9

$  4.00

 

per play

 

Weekday differential, East 18

$  6.00

 

per play

 

Weekday differential, West 18

$  6.00

 

per play

(15)

Trail Fee (Private carts, when owner or member of immediate family is present)

 

 

 

 

Season pass

$ 220.00

 

per pass

 

Daily pass

$  5.00

 

per pass

(16)

Family Pass – additional family member from same household

$360.00

 

per pass

Note:  Season Pass rates will remain in effect for 2005 season if purchased before December 31, 2004

Exception:  In order to fairly compete with non-municipal courses for golf outings, the Director of Public Services is authorized with the approval of the City Manager to reduce these fees on a discretionary basis for golf outings having a minimum of 40 golfers and to adjust fees in April and after September 20 if appropriate.

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

 

SWIMMING POOL FEES – ORDINANCE AMENDMENT

The following ordinance amending Swimming Pool Fees was offered by Councilman McKeag and seconded by Councilman Johnson:

 


ORDINANCE NO. 1574

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-72.  Swimming pool fees

      The fees for use of the city’s swimming pools are as follows:

        (1)      Public swimming                                                  $     2.00                       per session

        (2)      Limited pass (15 Admissions)                              $   25.00                       per pass

        (3)      Swimming lessons                                               $   30.00                       per session

        (4)      Individual swim pass (unlimited use)                    $   60.00                       per pass

        (5)      Family swim pass (2 members)                          $   95.00                       per pass

        (6)      Family swim pass (each additional member)      $   25.00                       per member

        (7)      Family swim pass (maximum per family)            $ 145.00                       per day

        (8)      Competitive swim pool rental                               $   10.00                       per hour

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

 

GENERAL RECREATION FEES – ORDINANCE AMENDMENT

The following ordinance amending General Recreation Fees was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1575

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

        (1)      Adult softball player                                                   $   18.00      per player

        (2)      Adult softball player (2nd team)                                  $  18.00      per player

        (3)      Adult softball player - Fall League                             $    5.00       per player

        (4)      Each softball team in individual tournaments           $   20.00      per team

        (5)      Youth softball player                                                  $    5.00       per player

        (6)      Adult baseball player                                                 $   10.00      per player

        (7)      Adult soccer player                                                    $     5.00      per player

        (8)      Adult soccer team                                                     $   20.00      per team

        (9)      Youth soccer player                                                  no charge              

        (10)    Rugby player                                                             $     6.00      per player

        (11)    Ski rental (each 2 hours or part thereof)                   $     6.00      per hour

        (13)    Chalet building rental (2 hour minimum)                   $   25.00      per hour

                  After 2 hour minimum                                                $   15.00      per hour

        (14)    Currie West Clubhouse rental (2 hour minimum)    $  50.00       per hour

                  After 2 hour minimum                                             $  35.00         per hour

        (15)    Picnic kit deposit                                                       $   15.00      per kit

        (16)    Summer play program (entire 8 week program)      no charge

        (17)    Summer play program (per day charge)                  no charge

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

 


ISSUANCE OF CERTIFICATES OF APPROPRIATENESS – HDC TO MEET WITH SHPO

Assistant City Manager Jon Lynch presented an overview of the West Main Street Historic District Commission’s status and a recommendation that the HDC meet with the State Historic Preservation Office to discuss delegation of authority for issuance of certificates of appropriateness to City staff.  Terri Applegate, 109 Ripley Street, spoke on behalf of HDC Chair Randy Tarzwell, in support of the recommendation.  Randy Applegate, 109 Ripley Street and Donna Gross, 608 W. Main Street and a HDC member, both spoke in support of the recommendation.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, in April 2001 sixteen individuals representing twelve of twenty-four properties within the West Main Street Historic District signed a petition seeking repeal of Article 7 of Chapter 5 of the Midland Code of Ordinances which establishes the District; and

WHEREAS, on March 10, 2003 the City Council adopted a resolution directing the West Main Street Historic District Commission (HDC) to promptly consider the opinion from the State Historic Preservation Office (SHPO) upon its availability and offer a recommendation regarding delegating authority for issuance of certificates of appropriateness to the Chief Building Official; and

WHEREAS, on October 23, 2003 the HDC found that proposed delegation of authority to the Chief Building Official jeopardizes availability of state tax credit incentives and therefore requested an opportunity to meet with the SHPO to discuss the recommendations to reach agreement on delegation of authority language acceptable to SHPO, the HDC, and City staff before final action is taken by the City Council; now therefore

RESOLVED, that the HDC is directed to meet with SHPO to discuss delegation of authority and to promptly offer its recommendations to the City Council upon conclusion of those discussions.  (Motion adopted.)

 

SITE PLAN NO. 236 – REVISED FORESTRIDGE CONDOMINIUMS

Assistant City Manager Jon Lynch introduced a resolution to approve a site plan for Forestridge Condominiums and increase the number of residential units from 68 to 74.  Richard Miller, 5507 Greenridge Drive, spoke in support of the project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 236, the request of Lepta Associates, LLC to increase the number of residential units in Forestridge Condominiums from 68 to 74 on approximately 20 acres located west of Dublin Avenue and north of Saginaw Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 236 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. 236, contingent upon the following:

1.         The site plan will delineate completed features and phases of construction.

2.         An approved storm water plan must be on file prior to application for water and

sanitary sewer extensions.

3.         Structures at the west end of Forestridge Court will be a minimum of 20’ from the future roadway extension of Forestridge Court.

4.         The fire hydrant at the west end of Forestridge Court is relocated between 20’ and 50’ to the east.

(Motion adopted.)

 

Mayor Black recessed for a short break at 9:05 p.m.

Mayor Black reconvened the meeting at 9:15 p.m.

 

2004 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented information on the 2004 Sidewalk Improvement Program.  Donald Carlson, 5902 Siebert Drive and owner of property on Joe Mann Boulevard, spoke in regard to proposed sidewalks on Joe Mann Boulevard.  Michael Pnacek, 2661 E. Blackhurst Drive and owner of property on Joseph Drive, spoke in opposition to proposed sidewalks on the south side of Joseph Drive.  Councilman McKeag moved, seconded by Councilman Johnson the resolution directing the City Manager to prepare a report on the 2004 Sidewalk Improvement Program.   Councilman Myers moved, seconded by Councilman Johnson to amend the resolution by adding Eastman Avenue and Cinema Drive.  The following amended resolution was then presented for consideration:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

   Ashman Street (north side)                from Waldo Avenue to Stratford Woods Drive

   Cinema Drive (east side)                   from Joe Mann Blvd to 780 feet south

   Eastman Avenue (west side)             from end existing walk to north line of Section 32

   Foster Road (east side)                     from 108 feet south of Hollyberry to 288 feet south of   Hollyberry

   Gary Street (south and west side)     from Dawn Drive to end of existing walk

   Joseph Drive (south side)                  from Jefferson Avenue to Midfield Lane

   Joe Mann Boulevard (south side)      from Eastman Avenue to Jefferson Avenue

Midland Mall Area

St. Andrews Road (east side)           from St. Andrews Road to Plymouth Street

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan.  (Motion adopted.)

 

MEDALLION DESIGN & INSTALLATION ON EASTMAN/US-10 OVERPASS

Assistant City Manager Jon Lynch presented two medallion designs the Entranceways Initiative Task Force has proposed to be installed in four locations on the Eastman Avenue/US-10 Overpass.  Junia Doan, Chair of the Entranceways Initiative Task Force, spoke regarding the designs and the project.  Jenee Velasquez, Executive Director for the Midland Economic Development Council and Vice Chair of the Entranceways Initiative Task Force, spoke in support of the designs and the project.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

WHEREAS, the Entranceways Initiative Task Force, a committee of the Midland Area Community Foundation which is a privately funded non-profit organization, has been given authorization by the State of Michigan’s Department of Transportation to place artwork in the four circular areas on the Eastman Avenue / US-10 overpass; and

WHEREAS, the Entranceways Initiative Task Force plans to commission Ardis Artworks to fabricate four medallions of two designs which will be placed in the circular areas on both sides of the overpass; and

WHEREAS, the Entranceways Initiative Task Force will fund the design, fabrication, installation, and maintenance costs of these medallions; now therefore

RESOLVED, that the City Council approves the two designs submitted by Ardis Artworks and is in support of the installation of four medallions on the Eastman Avenue / US-10 overpass by the Entranceways Initiative Task Force.  (Motion adopted.)

 

SMALL DAMAGE CLAIM SETTLEMENTS

City Attorney James O. Branson III presented information on the benefits and cost effectiveness of authorizing the City Attorney to settle small damage claims in an amount not to exceed $5,000 per claim.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on February 9, 2004 the City Council directed City staff members to investigate settlement authorization to be granted to the City Attorney in regards to small damage claim issues; and

WHEREAS, the City staff has investigated this issue and has made recommendations to the City Council to authorize the City Attorney to settle small damage claim issues in an amount not to exceed $5,000.00 per claim; now therefore

RESOLVED, that authorization is hereby granted to the City Attorney to settle small damage claims in an amount not to exceed $5,000.00 per claim; and

RESOLVED FURTHER, that payment of any settled small damage claims will be made out of the Deductible Claims account in the Property and Liability Insurance Fund budget.  (Motion adopted.)

 

SIDEWALK SNOW CLEARING REPORT

Director of Public Services Martin McGuire presented a report recommending the City not establish a sidewalk snow clearing ordinance due to identified problems with proper and unified enforcement of such an ordinance.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on January 26, 2004 the City Council directed the City Manager to present a staff report regarding the City of Midland’s sidewalk ordinance as it pertains to snow removal and further to include information as to what other communities do regarding snow removal; and

WHEREAS, the City staff has investigated this issue and has prepared a report which includes information obtained from other communities; now therefore

RESOLVED, that the City Council hereby accepts the staff report regarding sidewalk snow clearing.  (Motion adopted.)

 

DART FUNDING APPLICATION

Director of Public Services Martin McGuire presented information on the City of Midland’s annual application to the State of Michigan for Dial-A-Ride funding.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2005 and, therefore it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the 10c (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $573,124 in state operating assistance funds; an estimated $148,608 in federal 49 USC 5311 operating assistance funds; and an estimated $698,000 in federal USC 5309 capital assistance to replace 11 busses for state fiscal year 2005; now therefore

RESOLVED, that The City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion adopted.)

 

MDOT CONTRACT AUTHORIZATION (UNDER $20,000)

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2005 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that the City Manager is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 2004 to September 30, 2005.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion adopted.)

 

REJECTING BIDS – GOLF COURSE MAINTENANCE

Director of Public Services Martin McGuire presented a report on the rejection of bid number 2733 for golf course maintenance.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Golf Course Maintenance Services, Bid No. 2733; and

WHEREAS, the contractual agreement between the City of Midland and the United Steelworkers of America, Local 14009 requires the City to discuss with the leadership of Local 14009 any decisions involving contracting of work currently performed by members of Local 14009; and

WHEREAS, such discussions resulted in an arrangement to provide maintenance services at the Golf Course which has been judged by staff to be in the best interest of the City; now therefore

RESOLVED, that the bids of International Golf Maintenance Inc., Davey Golf, and Valleycrest Golf Course Maintenance in response to the City’s request for bids; number 2733, are hereby rejected.  (Motion adopted.)

 


REVISED MEMBERSHIP AGRMT – MML UNEMP COMP GROUP ACCOUNT

Human Resources Director Paula Speese presented information on revisions to the membership agreement between the City of Midland and the Michigan Municipal League Unemployment Compensation Group Account.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the City of Midland participates in the Michigan Municipal League Unemployment Compensation Group Account to provide state-required unemployment compensation coverage for City employees; and

WHEREAS, the Michigan Municipal League Board of Trustees has issued a revised Unemployment Membership Agreement; and

WHEREAS, staff has determined the terms and conditions of the revisions acceptable and recommends approval of the changes in the agreement; now therefore

RESOLVED, that the Revised Membership Agreement with the Michigan Municipal League Municipal Unemployment Compensation Group account is hereby approved, and the Mayor and City Clerk are authorized to execute said agreement and return it to the Michigan Municipal League.  (Motion adopted.)

 

PAYMENT FOR APPRAISAL SERVICES (DOW CORNING & DOW CHEMICAL TAX APPEALS)

City Attorney James O. Branson III presented information on the payment for contracted appraisal services relating to the Dow Corning Corporation and The Dow Chemical Company’s appeal to the Michigan Tax Tribunal.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 assessment and taxable value of certain property it owns located 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 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained by the City of Midland to provide appraisal reports of the aforementioned properties; and

WHEREAS, on July 15, 2002, the City Council authorized payment to said appraisal firms for their services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in a total amount not to exceed $6,255,000.00; 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 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 appraisal firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company assessment appeals is hereby authorized in an amount not to exceed $6,790,000.00.  (Motion adopted.)

 

RESCUE/PUMPER UNIT

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Class A triple combination fire pumper, with trade-in, Bid No. 2728; and

WHEREAS, funding for a Rescue/Pumper unit in the amount of $300,000 is included in the 2003-2004 Equipment Revolving Fund budget for Capital Outlay, Vehicles; and

WHEREAS, the two lowest bids failed to meet specifications, and the low bid meeting specifications was offered by KME Fire Apparatus; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a Purchase Order to KME Fire Apparatus of Nesquehoning, Pennsylvania in the net amount of  $298,179.00 for the purchase of a Class A triple combination fire pumper including trade-in of City equipment number 9-31 and options in accordance with the proposal and City specifications.  (Motion adopted.)

 

ANNUAL PURCHASE – BITUMINOUS MATERIALS

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Saginaw Asphalt of Carrollton, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $24.52 per ton is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order in accord with this resolution, the proposal selected and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder.  (Motion adopted.)

 

ANNUAL PURCHASE - CONCRETE

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Fisher Sand & Gravel, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their February 10, 2004 response to our Bid No. 2739 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, the Director of Public Services may decide to make purchases from the alternate vendor, Allied Concrete, Inc. of Midland, Michigan in accordance with their bid of February 10, 2004.  (Motion adopted.)

 

CITY STREET LIGHTING UPGRADE PROGRAM WITH CONSUMERS ENERGY

Assistant City Engineer Bradd Maki presented a report on the City of Midland Street Lighting Upgrade Program.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, Consumers Energy has ownership of street lights in the City of Midland’s public right-of-way and is responsible for design, installation, and maintenance of street lights and street light upgrades; and

WHEREAS, the City is charged by Consumers Energy for installation of new street lights or street light upgrades as well as for electricity usage of street lights in the public right-of-way or City property; and

WHEREAS, the City Engineering Department is currently coordinating a series of street light improvement projects with Consumers Energy for the 2003/04 and 2004/05 fiscal years; and

WHEREAS, improvements in street lighting in the City right-of-way will improve the safety of vehicles and pedestrians utilizing the public right-of-way; and

WHEREAS, a list of potential street light upgrade projects for public right-of-way along major streets in the City is under consideration and is subject to change, as there will be new areas to consider during project implementation and some project costs may not be practical; and

WHEREAS, the current total estimated cost for this current list of projects is $65,000; and

WHEREAS, funding is available in the 2003/04 General Fund with additional necessary funding under consideration for the 2004/05 General Fund budget; and

WHEREAS, competitive bids shall be waived in accordance with Section 2-18 and 2-19 of the City Ordinance; now therefore

RESOLVED, that this resolution establishes the existence of a street light improvement program and authorizes the City Manager to continue the work by directing the City Purchasing Agent to approve purchase orders to Consumers Energy relating to street light installations and upgrades in the public right-of-way or City property. (Motion adopted.)

 

ROADWAY AGREEMENT WITH MIDLAND SOCCER CLUB

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, The Midland Soccer Club is in the process of expanding their facilities easterly and desires to construct a new roadway east of the expanded area and eliminate Midfield Lane across their soccer complex; and

WHEREAS, The Midland Soccer Club will construct said new roadway and deed the property for the roadway to the City of Midland as a public street following construction; and

WHEREAS,  the City of Midland desires to have said roadway constructed to improve traffic flow in this area by eliminating the intersections of Midfield Lane with Joseph and Diamond Drives and will participate in funding part of the construction cost for said roadway; and

WHEREAS,  the City Attorney has prepared “City of Midland and The Midland Soccer Club Roadway Agreement”, which outlines conditions for allowing them to construct said roadway and sets conditions for said construction and inspection of same and sets reimbursement amounts of construction costs; and

WHEREAS, the Agreement is subject to final approval of the 2004/2005 Construction Project Priority List during the 2004/2005 budget process;  now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute the “City of Midland and The Midland Soccer Club Roadway Agreement” on behalf of the City of Midland.  (Motion adopted.)

 

INFRASTRUCTURE AGREEMENT WITH EARL D. BENNETT CONSTRUCTION

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, Earl D. Bennnett Construction Company is developing Winding Creek Subdivision at the northeast corner of Letts and Perrine Roads and desires to install public utilities within the public street right of way of Letts Road from Perrine Road to 800 feet east, to their proposed new street within said subdivision;  and

WHEREAS, construction within public street rights of way shall be completed by the City or permission given for private construction with City Engineering Department inspection; and

WHEREAS,  the City Attorney has prepared “City of Midland and Earl D. Bennett Construction, Inc. Infrastructure Agreement”, which outlines conditions for allowing them to construct public street, water main and sanitary sewer along Letts Road and sets conditions for said construction and inspection of same and sets reimbursement amounts and times for the City portion of construction costs; and

WHEREAS, the Agreement is subject to final approval of the 2004/2005 Construction Project Priority List during the 2004/2005 budget process; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute the “City of Midland and Earl D. Bennett Construction, Inc. Infrastructure Agreement” on behalf of the City of Midland.  (Motion adopted.)

 

PROPOSED LIBRARY FUND BUDGET AMENDMENT – COFFEE BAR

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, outside funding has been secured to fund the construction costs of the coffee bar to be located in the Grace A. Dow Memorial Library; 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. on March 22, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 budget of the Grace A. Dow Library Fund to increase revenue and expenditures by $55,000 to fund construction costs of the coffee bar; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and instructed to publish the appropriate notice of said public hearing in accord with Section 5.11 of the Charter of the City of Midland.   (Motion adopted.)

 

PROPOSED AMENDMENT TO MCTV RULES & PROCEDURES

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the City Council hereby receives the MCTV Rules and Procedures  amendments recommended by the Cable Access Advisory Commission and schedules a public hearing at 7:00 p.m., Monday, March 22, 2004, in the Council Chambers of City Hall, to receive public comment on the proposed amendments; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and instructed to publish the appropriate notice of said hearing in accord with Section 5.11 of the Charter of the City of Midland.  (Motion adopted.)

 

CITY COUNCIL GOALS FOR 2004

Mayor Black presented information on City Council Goals for 2004.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council desires to establish goals for 2004; and

WHEREAS, it held work sessions on January 17, 2004 and January 31, 2004 to develop a specific list, which was facilitated by Marilynn J. Semonick of Spectrum, from Highland Park, Michigan; and

WHEREAS, these goals were specifically and publicly presented at your meeting of March 8, 2004; now therefore

RESOLVED, that the Midland City Council hereby adopts the attached as the City Council’s goals for 2004.  (Motion adopted.)

 

PRESENTATION ON THE MARCH 6TH TITTABAWASSEE RIVER FLOOD EVENT

Assistant City Manager Jack Duso presented a report on the Tittabawassee River Flood Event that occurred on March 6, 2004.

 

CLOSED SESSION

Mayor Black, a partner in the law firm of Currie Kendall PLC, who represents the Midland Cogeneration Venture, requested he be allowed to abstain from voting on this item.  Council unanimously agreed to the abstention.  The gavel was handed to Mayor Pro Tem Johnson.  The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

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

 

Being no further business the meeting adjourned to a closed session at 11:10 p.m.

 

 

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            Selina Tisdale, City Clerk