A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
Bruce Johnson |
Approval of the minutes of the
AMATEUR RADIO WEEK
Communications Coordinator Libby Richart presented information on Amateur Radio Week and introduced John McDonough. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 20-27, 2004, as Amateur Radio Week in Midland. (Motion ADOPTED.) Mayor Black presented the proclamation to John McDonough.
PARKS AND RECREATION MASTER PLAN
Director of Public Services
Martin McGuire presented the Parks and Recreation Master Plan. A public hearing was opened at
WHEREAS, the City of Midland, Midland County, State of Michigan, Parks and Recreation Commission, has developed a Parks and Recreation Master Plan under the authority of Parts 19, 703, and 716 of PA 451 of 1994, as amended; and
WHEREAS, the City of Midland, State of Michigan, envisions the Parks and Recreation Master Plan to be used as a guide for meeting the recreation needs of the City of Midland; and
WHEREAS, a four-hour community input workshop on the Parks and Recreation Master Plan was held by the Parks and Recreation Commission on November 4, 2003 at the Midland City Hall; and
WHEREAS, the City of Midland Parks and Recreation Commission at the April 6, 2004 Regular Meeting approved recommendation of adoption of the Parks and Recreation Master Plan to the City Council; and
WHEREAS, the City Council of the City of Midland at the June 14, 2004 Public Hearing received public input on the Master Plan; now therefore
RESOLVED, the City Council of the
City of
STREET NAME CHANGE –
WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the proposed street name change of Diamond Drive to Soccer Drive on that segment from Jefferson Avenue to the intersection of the new Joseph Drive extension; and
WHEREAS, a public hearing has been held on the proposed name change, in accord with Sections 22-59 and 22-60 of the Code of Ordinances of the City of Midland; now therefore
RESOLVED, that
effective
RESOLVED
FURTHER, that the City
2003-04 GENERAL FUND BUDGET AMENDMENT –
LOCAL LAW ENFORCEMENT BLOCK GRANT
Chief of
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, June 14, 2004 on the proposal to amend the 2003-04 General Fund Budget to recognize the receiving of a Local Law Enforcement Block Grant from the U.S. Department of Justice, Bureau of Assistance for the purpose of purchasing public safety equipment for the Midland Police Department; now therefore
RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $11,923.00 to recognize the Local Law Enforcement Block Grant from the U.S. Department of Justice, Bureau of Assistance and to increase expenses by $11,923.00 to recognize the expense related to the purchase of public safety equipment by the Midland Police Department. (Motion ADOPTED.)
PURCHASE OF FOUR DIGITAL IN-CAR VIDEO
SYSTEMS
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, on
WHEREAS, Kustom Signals, Inc. submitted the bid matching all requirements requested in the bid; and
WHEREAS, the bid submitted is within the budget for purchasing the specified equipment; now therefore
RESOLVED, that the City Council authorizes the Purchasing Agent to issue a Purchase Order in the amount of $24,882.50 to Kustom Signals, Inc. for purchase of the required equipment. (Motion ADOPTED.)
2003-04 GENERAL FUND BUDGET AMENDMENT – DNA
SAMPLE KITS
Chief of
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, June 14, 2004 on the proposal to amend the 2003-04 General Fund Budget to recognize the receiving of a grant from the Midland Area Community Foundation in the amount of $12,323.00 and a grant from the Midland County Child Protection Council in the amount of $1,000.00 for the purpose of funding the DNA Sample Kit project; now therefore
RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $13,323.00 to recognize the grants received from the Midland Area Community Foundation and the Midland County Child Protection Council and to increase expenses by $13,323.00 to recognize the expense related to the purchase of DNA Sample Kits by the Midland Police Department. (Motion ADOPTED.)
PUBLIC COMMENTS
Paula Jurado,
CITY OF
Director of Utilities Noel Bush
presented information on an amendment to the City of
AMENDMENT TO WATER ORDINANCE – (1ST
Introduction and first reading of the following amendment to the Water Ordinance was offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE
NO. _______
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,
CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE
II OF CHAPTER 28 THEREOF.
The City of
Section 1.
Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of
Ordinances is hereby amended to read as follows:
Sec. 28-52. Filtered water
rate generally.
The
city's methodology of adjusting water rates shall be in accordance with the
cost of service water and sewer rate study prepared by the city's consultant,
presented to and approved by the council in 1993 and shall be in conformity
with the findings set forth in section 28-2 of this chapter.
All
filtered water bills shall be calculated according to the following:
(1)
For each
one thousand (1,000) gallons used per quarter: $1.00 $1.03
In addition to the rate set
forth in this section for the use of water, there shall be a readiness-to-serve
charge per quarter on each metered service as follows:
|
Metered Service |
|
AMOUNT |
|
5/8" – ¾" |
|
$27.42 |
|
1" |
|
35.65 |
|
1 – ½" |
|
43.87 |
|
2" |
|
71.29 |
|
3" |
|
274.20 |
|
4" |
|
356.46 |
|
6" |
|
520.98 |
|
8" |
|
740.34 |
(2) Gross rates shall be
ten (10) percent greater than the above schedule of rates and shall be charged
for water service paid for after the date shown on the bills.
(Ord. No. 1513, § 1,
Section 2. This
ordinance shall take effect upon publication.
(Motion ADOPTED. Considered first
reading.)
AMENDMENT TO SEWER ORDINANCE – (1st
Introduction and first reading of the following amendment to the Sewer Ordinance was offered by Councilman Rokosz and seconded by Councilman Myers:
ORDINANCE
NO. _______
AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION
28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of
Section 1. Section 28-163 of Division 3 of Article III
of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-163. Amount of sewer charge.
The city's
methodology of adjusting sewer rates shall be in accordance with the cost of
service water and sewer rate study prepared by the city’s consultant, presented
to and approved by the council in 1993 and shall be in conformity with the
findings set forth in Section 28-4 of this chapter.
The
charges for sewer service shall be calculated according to the following
schedule:
(1)
There shall be a readiness-to-serve charge per
quarter on each metered water service as follows:
|
Metered
Service |
|
AMOUNT |
|
5/8" – ¾" |
|
$31.08
|
|
1" |
|
40.40 |
|
1 –
½" |
|
49.73 |
|
2" |
|
80.81 |
|
3" |
|
310.80 |
|
4" |
|
404.04 |
|
6" |
|
590.52 |
|
8" |
|
839.16 |
(2)
In
addition to the readiness-to-serve charge set forth in subsection (1) of this
section, there will be an additional charge for sewer service, which will be
calculated as follows:
For
each 1,000 gallons of water used per quarter: $1.37 $1.44
However, bills for
sewer services for two (2) summer quarters for domestic customers, schools and
churches shall be based on the average consumption during two (2) winter
quarters. In cases where there is no previous consumption upon which to base
bills for sewer services in the summer quarters, twenty-five thousand (25,000)
gallons or actual consumption, whichever is the least, shall be used.
Section 2. This ordinance shall take effect upon
publication. (Motion ADOPTED. Considered first reading.)
REVISED CONSTRUCTION PRIORITIES LIST
City Engineer Brian McManus presented
information on the deletion of the
WHEREAS, a neighborhood meeting was held with
residents on Nurmi Drive to discuss the
reconstruction and paving of their street and residents voted not to improve
the street at this time by a closed ballot; now therefore
RESOLVED, that City
Council hereby approves revising the Construction Projects Priority list to
remove the
2004 SIDEWALK CONSTRUCTION AGREEMENTS
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, On May 10, 2004, City Council granted property owners in the
2004 Sidewalk Improvement Program the option of installing their own sidewalks
upon submission of a legal agreement acceptable to the City Attorney; and
WHEREAS, the City Attorney has prepared a Sidewalk Construction
Agreement to be used for said purpose which states that the sidewalk must be
constructed by no later than July 31, 2004; and
WHEREAS, the City Engineering Department has received Sidewalk
Construction Agreements from property owners desiring to install their own walk
across the parcels listed below:
|
PARCEL CODE |
OWNER |
|
|
11-33-40-100 |
EARL D. BENNETT
CONSTRUCTION |
|
|
11-33-40-200 |
EARL D. BENNETT
CONSTRUCTION |
|
|
11-33-40-300 |
EARL D. BENNETT
CONSTRUCTION |
|
|
11-33-40-500 |
MIDLAND CINEMAS,
INC. |
|
|
11-33-60-120 |
|
|
|
11-33-60-124 |
|
|
|
11-34-60-100 |
PNACEK LIMITED
CORPORATION |
|
; now therefore
RESOLVED, that the Mayor and City
AIRPORT ROAD
EXTENSION PROJECT –
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, a report has been received from the
City Engineer indicating that the right of way purchasing agent for the Airport
Road Extension Project has executed a purchase agreement with Dryer Brothers
Construction Company for land purchase; and
WHEREAS, the City of Midland and the
WHEREAS, the City of
RESOLVED, that the City
EASEMENT
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that the
attached Easement Agreement between the City of Midland and Shasta Realty
Corporation for installation and maintenance of a new water main along the
south side of Bay City Road in Section 23, Township 14 North, Range 2 East,
City of Midland, Midland County, Michigan, is hereby accepted and that the
easement is ordered recorded. (Motion
ADOPTED.)
ALDEN B. DOW HOME
& STUDIO DIRECTIONAL SIGN PLACEMENT
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, a request has been submitted to the City of Midland by the
Alden B. Dow Home and Studio, an architectural national landmark, to permit
placement of a directional guide sign within the City right-of-way on W. Main
Street; and
WHEREAS, the Michigan Department of Transportation, MDOT, has approved
a permit for and will install a series of related directional guide signs on
the US-10 B.R. and M-20 state trunk lines; and
WHEREAS, the requestor desires an additional directional guide sign
within City jurisdiction to further identify the destination route; and
WHEREAS, the installation of this directional guide sign serves public
or civic interest; now therefore
RESOLVED, that City Council approves the placement of a directional guide
sign to the Alden B. Dow Home and Studio on
ROAD MILLAGE
PROPOSAL INFORMATIONAL BROCHURE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, on May 4, 2004 the Midland County Road Commission submitted a request to the Midland County Board of Commissioners to place a proposal on the November 2, 2004 General Election ballot to renew the 1 mill road millage for four years beginning in 2005; and
WHEREAS, the Midland County Board
of Commissioners approved the road millage proposal language and placed the
proposal on the
WHEREAS, past City Councils have authorized the city administration to produce and distribute an informational brochure on previous road millage ballot proposals; and
WHEREAS, the Midland County Road Commission has expressed its intent to share in the costs of the production and distribution of said brochure; now therefore
RESOLVED, that the city administration is hereby authorized and instructed to prepare and distribute an informational brochure regarding the road millage proposal on the November 2, 2004 General Election ballot, and the Director of Fiscal Services is hereby authorized to invoice the Midland County Road Commission for its share of the brochure expenses. (Motion ADOPTED.)
BOARDS AND COMMISSIONS ATTENDANCE POLICY
WHEREAS, attendance at meetings of boards and commissions by their members is a critical success factor in providing the citizens of Midland and the City Council with recommendations or adjudications as the case may be; and
WHEREAS, Section 2-243 of the Code of Ordinances addresses the regular attendance by members of boards and commissions; and
WHEREAS, in order to implement Section 2-243 of the Code of Ordinances it is necessary for the City Council to adopt a consistent policy for all boards and commissions to follow; now therefore
RESOLVED, that the City of
CABLE ACCESS ADVISORY COMMISSION –POSITION
VACATED
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the City of Midland’s Cable Access Advisory Commission has reviewed the City of Midland’s Code of Ordinances, Section 2-243: “Regular attendance by members of boards and commissions” in relation to the absences of Commissioner Alex Berehula; and
WHEREAS, that the Cable Access Advisory Commission has recommended to City Council that Commissioner Alex Berehula’s position be considered vacant; and
WHEREAS, that the Cable Access Advisory Commission has recommended to City Council that an MCTV access user be appointed to fill the remainder of Mr. Berehula’s term ending in June 2006; now therefore,
RESOLVED, that City Council considers vacant the position held by Alex Berehula on the Cable Access Advisory Commission; and
RESOLVED FURTHER, that City Council instructs staff to advertise the vacant MCTV access user position on the Cable Access Advisory Commission; and
RESOLVED FURTHER, that City Council appoint an MCTV access user to fill the remainder of the term ending in June 2006. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER,
that the City
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED
FURTHER, that the City
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED
FURTHER, that the City
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED
FURTHER, that the City
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED
FURTHER, that the City
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that the
City Assessor is hereby authorized and instructed to spread upon the July 2004
tax roll, Special Assessments in the various amounts as indicated herein:
1994 Street Improvement $ 3,325.36
1996 Street Improvement 5,765.62
2001 Street Improvement 5,615.50
2002 Street Improvement 25,699.46
Subtotal
Street Improvement Rolls $ 40,405.94
1994 Sanitary Sewer
Improvement $ 2,416.32
1996 Sanitary Sewer
Improvement 3,243.10
1998 Sanitary Sewer Improvement 2,533.39
2001 Sanitary Sewer
Improvement 991.61
2002 Sanitary Sewer
Improvement 26,510.70
2003 Sanitary Sewer
Improvement 20,941.29
Subtotal
Sanitary Sewer Improvement Rolls $ 56,636.41
1995 Water Main
Improvement $ 1,116.21
1998 Water Main
Improvement 22,701.29
1999 Water Main
Improvement 2,538.17
2002 Water Main
Improvement 24,366.55
Subtotal
Water Main Improvement Rolls $ 50,722.22
2000 Sidewalk
Improvement 1,389.22
2001 Sidewalk
Improvement 1,828.35
Subtotal
Sidewalk Improvement Rolls $ 3,217.57
2003 Downtown Economic Revitalization Roll (SARA) $
36,006.74
Accounts Receivable Roll $ 12,416.50
TOTAL SPECIAL ASSESSMENT ROLL $
199,405.38
; and
RESOLVED FURTHER, that the current accounts
receivable listed herein be transferred to the 2004 General Fund Tax Roll
Accounts Receivable. (Motion ADOPTED.)
SUBRECIPIENT AGREEMENTS – COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the 2004-05 Community Development Block Grant budget provides funds to TenSixteen Treatment Center, The Reece Community Living Endeavor, the Salvation Army, West Midland Family Center, the Literacy Council, Midland Area Homes, Safe Haven Outreach Center, the Council on Domestic Violence and Sexual Assault (Shelterhouse), Washington Woods, Midland City Police Department, SiFWeitz & Associates, Midland Community Center, and Cleveland Manor, for the purposes of providing specific services to low- and moderate-income individuals and families; and
WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore
RESOLVED, that the Mayor and City
ANNEXATION FROM HOMER TWP (SOVA PROPERTY - W. WACKERLY &
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the City Council of the City
of
SEC 1 T14N R1E COM
250 FT S OF INT OF N SEC LN & W 1/8 LN, TH S 237.48 FT, E 316.41 FT, S 26D
52M E 60 FT, S 56D 58M E 70 FT, S 552.28 FT, E 914.37 FT, N TO STATE DRAIN,
NWLY ALG STATE DRAIN TO A PT 577.5 FT W OF N&S ¼ LN & 198 FT S OF N SEC
LN, W TO A PT 135 FT E OF W 1/8 LN, S 52 FT, W 135 FT.
pursuant to Section
9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA
5.2088; MCLA 117.9} as a result of a
similar petition filed both with the City of Midland and the Township of Homer,
by the property owners which hold 100 percent of the record legal title to said
property, and upon which no qualified electors, other than the petitioners,
presently reside, with said annexation to the City of Midland to be
accomplished upon the passage of a similar resolution by the Township Board of
the Township of Homer; and
RESOLVED FURTHER,
that the Planning Department shall forward a copy of this resolution to the
Office of the Great Seal in the Secretary of State’s Office, and the City
K & D
ESPRESSO INC. LIQUOR LICENSE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
It is the consensus of this legislative body that the application
be: Recommended for issuance. (Motion ADOPTED.)
KOKOPELLI’S
LIQUOR LICENSE SHOW CAUSE HEARING POSTPONED
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, on May 10, 2004 the City
Council adopted a resolution scheduling a show cause hearing for June 28, 2004,
for the purpose of providing the owner of the Kokopelli’s
liquor license an opportunity to show cause as to why the City Council should
not recommend revocation of the liquor license to the Michigan Liquor Control
Commission in accordance with the recommendation of the
WHEREAS, subsequent to the scheduling of the show cause hearing, the City received an application for transfer of ownership and location of said liquor license; and
WHEREAS, the City Council has adopted a resolution recommending the transfer of said license; now therefore,
RESOLVED, that the show cause
hearing on said license scheduled for June 28, 2004 is hereby postponed until
Monday, September 13, 2004 at 7:00 p.m., and the
RESOLVED FURTHER, that if said
license is activated prior to
2003 ANNUAL
DRINKING WATER QUALITY REPORT
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that the 2003 Annual Drinking Water
Quality Report be received and filed in the office of the City
TRAFFIC CONTROL
ORDER NO. P-04-03
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
P-04-03 filed
That parking shall
be permitted on the east side of
is hereby made permanent.
(Motion ADOPTED.)
TRAFFIC CONTROL
ORDER NO. P-04-04
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
P-04-04 filed
That parking shall
be prohibited on both sides of
is hereby made
permanent. (Motion ADOPTED.)
TRAFFIC CONTROL
ORDER NO. P-04-05
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
P-04-05 filed
That parking shall
be prohibited on the north side of
is hereby made
permanent. (Motion ADOPTED.)
2004 LOCAL STREET RECONSTRUCTION, PHASE
II; CONTRACT NO. 7
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the
reconstruction of all of Chelsea and Kim Courts and Wyllys Street from
Washington Street to Swede Avenue and replacement of the sanitary sewer on
Wyllys Street from Byrd Street to Swede Avenue; and
WHEREAS, funding for this project is provided by the Local Street Fund
and Wastewater Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Sova & Sons
Contracting, Inc. of Midland, Michigan, for the "2004 Local Street
Reconstruction, Phase II; Contract No. 7", in the indicated amount of
$241,278.90, based upon City estimated quantities is hereby accepted and the
Mayor and the City
RESOLVED FURTHER, that the City Manager has
the authority to approve change orders modifying or altering this contract in
an aggregate amount not to exceed $20,000. (Motion ADOPTED.)
City Engineer Brian McManus presented the
contract with Gerace Construction for design services
for
WHEREAS, sealed proposals were received on May 11, 2004 from three
design/build contractors for construction of
a new terminal building at Jack Barstow Airport; and
WHEREAS, a committee of seven project representatives reviewed the
proposals with respect to aesthetics, cost, quality of materials, schedule, and
work plan approach; and
WHEREAS, the proposal from Gerace Construction Company was deemed the
most favorable for the airport terminal building project; and
WHEREAS, the Barstow Airport Aviation Commission supports the proposal
by Gerace Construction Company; and
WHEREAS, project funding in the amount of not less that $475,000 has
been generated for the project through private and public sources; now
therefore
RESOLVED, that the City
RESOLVED FURTHER, that the
RESOLVED FURTHER, that the City accepts the donations of financial
support for the project from the following sources, and directs that proceeds therefrom be placed in the 2004
Herbert
H. and Grace A. Dow Foundation $100,000
Rollin
M. Gerstacker Foundation $ 50,000
Charles
S. Strosacker Foundation $ 25,000
Various
Pilots and Businesses $ 20,000
and;
RESOLVED FURTHER,
MDOT CONTRACT #2004-0317 -
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, a proposed Contract No. 2004-0317 has been submitted to the
City of Midland by the Michigan Department of Transportation for approval of
funding for the reconstruction of taxi streets at Barstow Airport; and
WHEREAS, the total estimated cost of the project is $324,562 and a
block grant from the Federal Aviation Administration (FAA) is providing 90%
($292,106) and the Michigan Department of Transportation (MDOT) is providing 5%
($16,228) and the City of Midland General Fund is providing 5% ($16,228); and
WHEREAS, the City of
RESOLVED, that the City Council hereby approves the
proposed Michigan Department of Transportation Contract No. 2004-0317 and
authorizes the Mayor and City
MDOT CONSTRUCTION CONTRACT #FM 56-1-C35 (AIRPORT TAXI STREETS)
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, Construction Contract No. FM 56-1-C35 has been submitted to
the City of Midland by the Michigan Department of Transportation for approval
of the construction contract with Porath Contractors, Inc. for the
reconstruction of taxi streets at Barstow Airport; and
WHEREAS, the City of
WHEREAS, the City of
RESOLVED, that the City Council hereby approves the proposed Michigan
Department of Transportation Construction Contract No. FM 56-1-C35 with Porath
Contractors, Inc. of
MDOT CONTRACT #04-5239 – RESURFACING OF
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, a proposed Contract No. 04-5239 has been submitted to the City
of Midland by the Michigan Department of Transportation for approval of funding
for the concrete resurfacing of the Sturgeon Avenue overpass of US-10; and
WHEREAS, the total estimated cost of the project is $108,700, of which
federal aid will contribute $87,000, MDOT will contribute $19,300 and the City
of Midland will contribute $2,400; and
WHEREAS, funding of the City cost share will be provided by the Major
Street Fund; and
WHEREAS, the City of
RESOLVED, that the City Council hereby approves the
proposed Michigan Department of Transportation Contract No. 04-5239 and
authorizes the Mayor and City
CHANGE ORDER #3 -
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on August 11, 2003, City Council awarded a contract to Porath
Contractors Incorporated of Houghton Lake, Michigan for the 2003 Jack Barstow
Airport Runway Safety Area Grading, Tree Removal/Trimming, and Drainage
Improvements, Contract No. 18 for miscellaneous improvements at Jack Barstow
Airport; and
WHEREAS, City staff have determined the necessity to further improve
the airport storm water drainage system and improve the existing sanitary sewer
system because of a failing septic system; and
WHEREAS, the sanitary sewer improvements will improve storm water
drainage, eliminate a septic system, and provide direct sanitary sewer
connection to the City sanitary sewer system; and
WHEREAS, Change Order No. 3 has been prepared in the amount of
$12,310.00 to perform said work; now therefore
RESOLVED, that the City
SIDEWALK REPLACEMENT PROGRAM
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed
proposals were advertised and received in accord with Article II of Chapter 2
of the Midland Code of Ordinances for the 2004 Sidewalk Replacement Program,
Bid No. 2744; and
WHEREAS, funding for
this project in the amount of $100,000 is included in the 2004-05 Fiscal Year
General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk
Construction”; now therefore
RESOLVED, that the
Purchasing Agent is authorized to issue a purchase order to the low bidder,
L.J. Construction, Inc. of Clifford, Michigan, not to exceed the amount of
$100,000 for sidewalk replacement from July 2004 through December 2004, in
accordance with the proposal and city specifications; and
RESOLVED FURTHER,
that the City Manager is authorized to approve change orders in aggregate up to
$20,000 should additional funding become available. (Motion ADOPTED.)
AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the
Mayor Pro Tem and City
PURCHASE – CALCIUM OXIDE FOR WATER PLANT
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed bids for the contract of Water Treatment Plant -
Calcium Oxide, Bid No. 2667, for the period of one year beginning July 1, 2004,
have been advertised and received in accord with Section 2-18 of the Midland
Code of Ordinances; and
WHEREAS, sufficient funds have been requested in the 2003/2004 Water
Fund Budget account #591-8162-811.76-56 - Chemicals; now therefore
RESOLVED, that the low sealed proposal submitted by
PURCHASE – FERRIC CHLORIDE FOR WATER AND WASTEWATER PLANTS
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed bids for the contract of Water and Wastewater Treatment
Plant – Ferric Chloride, Bid No. 2766, for the period July 1, 2004 to June 30,
2005, have been advertised and received in accord with Section 2-18 of the
Midland Code of Ordinances; and
WHEREAS, funds have been adopted in the 2004-2005 budgets and are
available in the Water Fund account #591-8162-811.76-56 and in the Wastewater
Fund account #590-8144-822.76-56; now therefore
RESOLVED, that the low sealed proposal submitted by PVS Technologies of
Detroit, Michigan for the indicated price per ton of $235.63 for up to 500 tons per year (250 each
for the Water and Wastewater Treatment Plans), at a total aggregate annual
contract amount not to exceed $117,815.00, is hereby accepted and purchase
orders are authorized. (Motion ADOPTED.)
2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, pursuant to the direction of the City Council, the City
Assessor of said City of Midland has prepared and reported to the City Council
the Assessment Roll covering and containing the proposed Special Assessments
assessed and levied, respectively in the “2004 SIDEWALK IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk
Improvement in said district, as designated in Resolutions heretofore adopted
by the City Council; now therefore
RESOLVED, that the said Roll be accepted by the City Council and that
it be filed in the office of the City
RESOLVED FURTHER, that the City
ELECTRO PANEL, INC. IFT APPLICATION
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that an application dated May 5,
2004 was received May 7, 2004 from Electro Panel, 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
Electro Panel, Inc. Industrial Development District No. 1 relating to new
facilities for personal property with the facility intended to provide for the
purchase and installation of a new computer programmable routing table made by
AXYZ Automation in the amount of $36,000.00 relating to new facility approval
to allow further expansion in the Electro Panel, Inc. Industrial District No. 1
is hereby acknowledged, received, and ordered placed on file in the City
RESOLVED FURTHER, a hearing shall be held
before the City Council on Monday, June 28, 2004, 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
03-04 GENERAL FUND BUDGET AMENDMENT – HIGHWAY SAFETY PLANNING GRANT
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
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 June 28, 2004 in the Council Chambers at City Hall on the proposal to amend the 2003-04 General Fund Budget to increase revenues to recognize a grant of $20,008.00 from the Michigan State Police Office of Highway Safety Planning for reimbursement of overtime wages for the officers of the Midland Police Department and Midland County Office of the Sheriff during holiday seat belt enforcement campaigns and to increase expenditures by $20,008.00 to allow for the wage reimbursements. (Motion ADOPTED.)
SPECIAL USE PERMIT NO. 13
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, Donald Koster
for Dow Howell Gilmore Associates, Inc. has submitted a request for a special
use permit review and approval to construct a 4,700 square foot office building
on 2.69 acres on Sugnet Road west of the Pere Marquette Rail Trail; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 27.2(a) of the Zoning
Ordinance of the City of Midland on said special use; and
WHEREAS, the Planning Commission has
submitted its recommendation of approval, in accord with Section 27.3 of the Zoning
Ordinance of the City of
1. Storm
water retention plans are reviewed and approved by the City of Midland
Engineering Department.
2. Site
lighting shall not cast illumination off site.
3. If
site irrigation is planned, a separate water service is required.
4. Sign
construction is in accord with the Zoning Ordinance.
5. The
refuse receptacle is identified.
6. No
parking will be permitted on the loop driveway.
;now therefore
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, June 28, 2004, at
7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the request for a special use permit; and
RESOLVED FURTHER, that the
City
04-05 LIBRARY BUDGET AMENDMENT - LIBRARY TEEN ROOM
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, space has been designated in the Grace A. Dow Memorial Library for a Teen Room to accommodate the increase in teen use at the library; and
WHEREAS, the Board of Directors of the Friends of the Grace A. Dow Memorial Library has offered to donate funding of up to $170,000 to develop the teen space; now therefore
RESOLVED, that the City Council accepts the donation of the Friends of the Grace A. Dow Memorial Library to the Grace A. Dow Memorial Library to fund the Teen Room; and
RESOLVED FURTHER, 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 July 12, 2004 in the Council Chambers of City Hall on the proposal to amend the 2004-2005 budget of the Grace A. Dow Memorial Library Fund to increase both revenues and expenditures by $170,000 to recognize unanticipated revenues from contributions and to appropriate funds for the development of the Teen Room in the library; and
RESOLVED
FURTHER, that the City
03-04 LANDFILL BUDGET AMENDMENT – HYDROGEOLOGY MONITORING
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
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 Monday, June
28, 2004, in the Council Chambers of City Hall on the proposal to amend the
2003/04 Sanitary Landfill Fund budget to increase revenues from working capital
by $50,000.00 and to increase appropriations for the Sanitary Landfill Fund –
Hydrogeology Monitoring project by $50,000.00.
(Motion ADOPTED.)
03-04 GENERAL FUND BUDGET AMENDMENT – DIOXIN ISSUES
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with
Chapter 11 of the City of Midland Charter, a public hearing shall be conducted
at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the
proposal to amend the 2003-2004 General Fund Budget to increase expenditures in
the City
03-04 GENERAL FUND BUDGET AMENDMENT – DOW TAX APPEALS
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with
Chapter 11 of the City of Midland Charter, a public hearing shall be conducted
at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the
proposal to amend the 2003-2004 General Fund Budget to increase expenditures by
$230,000 in The Dow Chemical Tax Appeal Activity and $410,000 in the Dow
Corning Tax Appeal Activity for the unanticipated expenses incurred in The Dow
Chemical Company and the Dow Corning Corporation tax appeals. (Motion ADOPTED.)
04-05 GENERAL FUND BUDGET AMENDMENT – DOW TAX APPEALS
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with
Chapter 11 of the City of Midland Charter, a public hearing shall be conducted
at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the
proposal to amend the 2004-2005 General Fund Budget to decrease expenditures by
$230,000 in The Dow Chemical Tax Appeal Activity and $410,000 in the Dow
Corning Tax Appeal Activity. (Motion
ADOPTED.)
03-04 MCTV BUDGET AMENDMENT
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with
Chapter 11 of the City of Midland Charter, a public hearing shall be conducted
at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the
proposal to amend the 2003-2004 Cable Communications Fund Budget to increase
expenditures for legal fees by $35,000 for the unanticipated expenses incurred
in the cable franchise fee lawsuit which is currently pending. (Motion ADOPTED.)
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the Midland County Road Commission is reconstructing Saginaw
Road from Waldo Court to the Saginaw County line during the 2004 construction
season and has requested that the limits of their project extend to Gordonville
Road, to complete the reconstruction of Saginaw Road east of Gordonville Road;
and
WHEREAS, Saginaw Road from Gordonville Road to Waldo Court is under the
jurisdiction of the City of Midland and the cost to reconstruct this section of
roadway is the responsibility of the City of Midland, which is estimated to
cost $100,000; and
WHEREAS, funding is available in the unrestricted fund balance of the
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 pm on Monday June 28, 2004
in the Council Chambers of City Hall on the proposal to amend the 2004-05 Major
Street Fund budget to increase expenditures by $100,000 to allow for
construction of improvements to Saginaw Road from Gordonville Road to Waldo
Court. (Motion ADOPTED.)
NEW BUSINESS
The City Council discussed the suggestions
proposed by Paula Jurado during public comments and
decided not to make any changes to the process of appointing members to boards
and commissions.
Being no further business the meeting adjourned at
______________________________________
John E. Duso, Deputy City