A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
None |
Approval of the minutes of the
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
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
Section
1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the
City of
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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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
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
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
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,
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
The City of
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,
$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 (
(8) Non-Ice Rental (1/2 Building) $ 1000.00 per day
(9) Non-Ice Rental (1/4 Building) $
500.00 per day
Section 2. This
Ordinance shall take effect on
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
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 |
$
23.00 |
|
per play |
|
(3) |
Senior & Youth: 9-hole ( |
$
7.00 |
|
per play |
|
|
Senior & Youth: 9-hole ( |
$
8.00 |
|
per play |
|
(4) |
Senior & Youth: 18-Hole ( |
$
12.00 |
|
per play |
|
|
Senior & Youth: 18-Hole ( |
$
14.00 |
|
per play |
|
(5) |
Twilight golf, East Course (After |
$
7.00 |
|
per play |
|
|
Twilight golf, West Course (After |
$
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 |
|
|
|
|
|
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 |
|
|
|
|
|
Single season
pass |
$ 505.00 |
|
per pass |
|
|
Double season
pass |
$ 810.00 |
|
per pass |
|
(14) |
Senior/Youth Limited: 9 holes Weekday before |
|
|
|
|
|
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) |
|
$360.00 |
|
per pass |
Note:
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
The City of
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
The
City of
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)
(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,
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
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
4. The fire hydrant at the
west end of
(Motion adopted.)
Mayor Black recessed for a short
break at
Mayor Black reconvened the
meeting at
2004 SIDEWALK IMPROVEMENT PROGRAM
City Engineer Brian McManus presented
information on the 2004 Sidewalk Improvement Program. Donald Carlson,
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
Cinema Drive (east side) from
Foster Road (east side) from 108 feet south of Hollyberry to 288 feet south of Hollyberry
; 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
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
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
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
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
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
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
PAYMENT FOR APPRAISAL SERVICES (DOW
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
CITY STREET LIGHTING UPGRADE PROGRAM WITH
CONSUMERS ENERGY
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
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
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
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
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
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
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
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
Being no further business the
meeting adjourned to a closed session at
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Selina Tisdale, City