August 23, 2004

 

A regular meeting of the City Council was held on Monday, August 23, 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 August 9, 2004 special and regular and August 16, 2004 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE (1st reading)

Assistant City Manager Jon Lynch presented information on a first reading of an ordinance to amend the Soil Erosion and Sedimentation Control Ordinance and Section 34-5 Municipal Civil Infractions.  Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE code of ordinances of the city of midland, Michigan, by amending Article v of chapter 5 THEREOF.

The City of Midland Ordains:

Section 1.

ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL

Sec. 5-10.  Local municipal enforcing agency.

It is the intent of the city to become the local enforcing agency in regard to implementing Soil Erosion and Sedimentation Control act 347 of Public Acts 1972 within the corporate limits of the city.

The Planning & Community Development Department shall be the municipal enforcing agency responsible for the administration and enforcement of Part 91, Soil Erosion and Sedimentation Control (SESC), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended or as may be amended in the future, (Part 91), within the City of Midland.  The Administrative Rules promulgated under the authority of Part 91 are hereby incorporated by reference as well as any future rules as may be amended.

Sec. 5-11.  Rules adopted.  SEsc permits and submission of plans.

The city hereby adopts by reference Part 17, Soil Erosion and Sedimentation Control, of the General Rules as promulgated by the Michigan Department of Natural Resources relative to the Soil Erosion and Sedimentation Control Act 347 of Public Acts 1972, said rules to be available to the public at the offices of the city building department.

Before undertaking an earth change within the city involving one (1) or more acres of land or within five (500) feet of any lake or stream, a SESC permit shall be obtained.  A SESC application and plan containing information specified in Rule 1703 of Part 91   shall be submitted to the city building department prior to receiving a SESC permit.

If a violation of Part 91 is observed in a situation where no SESC permit was required because the earth change was less than ONE (1) acre or farther than five hundred (500) feet from a stream or lake the SESC administrator has authority to require and issue a SESC permit.

Sec. 5-12.  Submission of plans.

Before the groundbreaking of any project within the city involving one (1) or more acres of land or within five hundred (500) feet of any stream, and erosion and sedimentation control plan shall be submitted to the city building department in accordance with the rules as adopted by section 5-11 of this Code.

The submitted plans along with the prescribed permit application shall be reviewed for conformance to Part 91 and the rules promulgated under Part 91.  If the application and the plans are in conformance with PART 91 and the rules, a permit shall be issued upon payment of fees as detailed by section 21-50 of this code.  If an earth change activity covered under Part 91 and this ordinance is commenced without proper permit the fees shall be doubled.

Sec. 5-13. Permits and fees.  Site inspection.

 Upon payment of the fees as detailed in chapter 21 of this Code, the submitted plans along with the prescribed permit application shall be reviewed for conformance to the rules. If the application and the plans are in conformance with the rules, a permit shall be issued.

The SESC Administrator designated by the Chief Inspector, shall have access at all reasonable times to any site upon which an “earth change” is in progress for purposes of determining whether the conditions called for in the permit are being complied with.

Sec. 5-14. Site Inspection.  EnforcemenT.

The chief building official and designated agents of the chief building official shall have access at all reasonable times to any site upon which an "earth change" is in progress for purposes of determining whether the conditions called for in the permit are being complied with.

Violations of Part 91 or a violation of a permit of an approved soil erosion and sedimentation control plan, the SESC administrator shall contact the “on site” responsible person, contractor or land owner  in person or by telephone and inform them of the violations, and give them one (1) or two (2) days to comply, depending on violation, Or SESC Administrator may issue a Civil Infraction, cease and desist, and or/ stop work order using procedure as provided in chapter 34 of this code and Part 91 to the land owner, contractor or on-site responsible person. A cease and desist order is a directive to discontinue or cease doing something that has resulted in a violation such as stopping earth work that resulted in a discharge of sediment or stopping earth work until a permit has been obtained. A stop work order directs all work on the site to be halted until violations are corrected.  Once violations are corrected the SESC administrator will lift the cease and desist or stop work order.

The SESC administrator may also seek remedies in the courts pursuant to section 9121 and Part 91 of the Natural Resources and Environmental Protection Act. (Act 451 of 1994 as may be amended.

Sec. 5-15.  Enforcement.  Appeal. 

The chief building official shall issue a cease and desist order and shall revoke a permit upon its finding that there is a violation of the Soil Erosion and Sedimentation Control Act, rules adopted by section 5-11, or ordinances of the city, or that there is a violation of  a permit or an approved soil erosion and sedimentation control plan.

The procedure as provided in section 5-27 sec 204 of this Code shall be applicable to this article to consider appeals arising from any determination of the SESC administrator.

Sec. 5-16.  Appeal.

The procedure as provided in this Code shall be applicable to this article to consider appeals arising from any determination of the chief building official.

Section 2.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 


MUNICIPAL CIVIL INFRACTIONS ORDINANCE (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1)          Chapter 8, Uniform Fire Code.

(2)          The city zoning ordinance.

(3)          Chapter 29, Stormwater Runoff Regulation and Control.

(4)          Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)          Article VI of Chapter 15, Telecommunications.

(6)          Article IV, Chapter 22, Addresses.

(7)          Article V, Chapter 5, Soil Erosion and Sedimentation Control.

Section 2.   This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.).

 

PUBLIC COMMENTS

Paula Jurado, 4623 Washington Street, spoke regarding the Council’s boards and commissions interview process for filling a vacancy on the Airport Advisory Board and MBS International Airport Commission.

 

SITE PLAN NO. 237 – REVISED MIDLAND SOCCER CLUB COMPLEX

Assistant City Manager Jon Lynch introduced a revised site plan for the expansion of the Midland Soccer Club.  Richard Fosgitt, Bartow and King Engineers, spoke on behalf of the development firm working on the expansion with the Midland Soccer Club.  Jerry Martin, representing the Midland Soccer Club also spoke on the expansion project and responded to Council questions.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on March 22, 2004 the City Council approved Site Plan No. 237, the request of Midland Soccer Club for expansion of the Midland Soccer complex on 28.5 acres south of Joseph Drive and north of Diamond Drive, east of Midfield Lane; and

WHEREAS, the Midland Soccer Club, after significant negotiation with the Michigan Department of Environmental Quality, has revised the approved site plan to address wetlands issues; and

WHEREAS, the City Council has reviewed the site plan revisions and finds that such revisions do not adversely affect Council’s position regarding the plan; now therefore

RESOLVED, that the City Council does hereby approve revised Site Plan No. 237.  (Motion ADOPTED.)

 

NEW CIVIC ARENA – LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2004

Fiscal Services Director David Keenan reviewed the bid process and presented a resolution that would award a bid for the sale of $6.5 million in bonds to Sun Trust Capital Markets, Inc.  Thomas D. Colis, Attorney for Miller, Canfield, Paddock and Stone, responded to Council questions regarding the bond issue.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, August 23, 2004, at 3:00 o’clock p.m., Eastern Daylight Savings Time, has been set as the date and time for opening bids for the purchase of the Issuer’s Limited Tax General Obligation Bonds, Series 2004;

AND WHEREAS, said bids have been publicly opened and read;

AND WHEREAS, the bids attached hereto have been received;

AND WHEREAS, the bid of SunTrust Capital Markets, Inc. has been determined to produce the lowest interest cost to the Issuer.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.   The bid of SunTrust Capital Markets, Inc., as above stated, be and the same is hereby accepted.

2.   Checks of the unsuccessful bidders be returned to each bidder’s representative or by registered mail.

3.   The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the “Code”), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds.

4.   The Issuer hereby designates the Bonds of this issue as “qualified tax exempt obligations” for purposes of deduction of interest expense by financial institutions pursuant to the Code.

5.   The publication and content of the Official Notice of Sale published in connection with the sale of the Bonds be and is hereby ratified and affirmed.

6.   All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion ADOPTED.)

 

NEW CIVIC ARENA – PROPERTY DONATION

City Attorney James O. Branson, III, introduced a resolution accepting a deed to property being donated to the City of Midland by Nicolaos and Elaine Rapanos to be used for the construction of the new Midland Civic Arena.  Paula Jurado, 2643 Washington Street, thanked the Rapanos’ for their generous donation to the Midland community and inquired about specific conditions on the property.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

 

WHEREAS, Nicolaos and Elaine Rapanos have graciously offered to donate over 10 acres of property to the City of Midland to be used for the purpose of building a Civic Arena and an adjacent city street; and

WHEREAS, a quit claim deed assigning the property to the City of Midland has been drafted and approved by the City Attorney; and

WHEREAS, a supplemental agreement has also been drafted and reviewed by the City Attorney; now therefore

RESOLVED, that the City of Midland receives and accepts the deed to property donated by Nicolaos and Elaine Rapanos; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the supplemental agreement between the City and Nicolaos Rapanos.  (Motion ADOPTED.)

 

NEW CIVIC ARENA – CONSTRUCTION CONTRACT

City Attorney James O. Branson, III, introduced a resolution to execute a contract with Three Rivers Corporation to construct the Midland Civic Arena at a cost of $8.3 million.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

WHEREAS, on August 9, 2004, City Council accepted the bid of Three Rivers Corporation to construct the Midland Civic Arena at a cost of $8.3 million; and

WHEREAS, on August 9, 2004, City Council authorized the Mayor and City Clerk to execute a “letter of intent” to enter a contract with Three Rivers Corporation for the project; and

WHEREAS, funds have been pledged and bonds have been sold to finance the project; and

WHEREAS, a contract has been drafted and reviewed by the City Attorney; now therefore

RESOLVED, the Mayor and City Clerk are authorized, upon receipt of funds from the sale of bonds, to execute a contract with Three Rivers Corporation in the amount of $8.3 million for the construction of the Midland Civic Arena.  (Motion ADOPTED.)

 

COMMERCIAL ANTENNAS ON JEFFERSON WATER TOWER

Prior to discussion Mayor Black, a partner in the law firm of Currie Kendall Polasky Meisel PLC, requested he be allowed to abstain from discussion and voting on the Commercial Antennas on the Jefferson Water Tower issue because his law firm represents SpeedNet, LLC., a company requesting to be placed on the tower.  Council unanimously agreed to the abstention.  Mayor Black handed the gavel to Mayor Pro Tem Johnson.  

Utilities Director Noel Bush presented a report on the placement of commercial antennas on the Jefferson water tower and the city’s recommendation that requests for proposals be issued to identify vendors interested in leasing the tower space.  Mr. John Ogren, representing Speednet, LLC., a Michigan wireless internet provider, expressed his company’s desire to immediately occupy space on the Jefferson water tower.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City of Midland has received requests for the placement of commercial antennas on the Jefferson Avenue water tower; and

WHEREAS, the Jefferson water tower is located in the center of a “dead zone” for most communication providers; and

WHEREAS, the City believes that there is value in consolidating antennas in this portion of the community onto one tower; and

WHEREAS, the City staff has requested Dixon Engineering Inc., of Lake Odessa, the City’s consultant for water tower construction and maintenance, to prepare a basic site evaluation for the location of antenna arrays on the Jefferson water tower; and

WHEREAS, a preliminary evaluation has been completed that proposes an antenna array that would maximize utilization on the tank and the site, and has resulted in the identification of space for three systems; and

WHEREAS, the City staff recommends that the City formally solicit competitive Requests for Proposals (RFP) for use of the tower and ground space; now therefore

RESOLVED, that the City staff is hereby directed to prepare and distribute a Request for Proposal and directs the City Attorney to prepare lease contracts associated with the leasing and placement of commercial antennas on Jefferson water tower; and

RESOLVED FURTHER, that the staff is directed to review the RFPs and provide a recommendation for consideration by the City Council.  (Motion ADOPTED.  Yeas:  Johnson, McKeag, Myers, Rokosz   Nays:  None   Abstained:  Black)

 

Mayor Pro Tem Johnson returned the gavel to Mayor Black.

 

LIBRARY BOARD ANNUAL REPORT

Grace A. Dow Memorial Library Director Melissa Barnard introduced the 2003-04 Library Annual Report and outgoing Library Board Chair Stu Bush reviewed the highlights from the annual report and spoke about the many activities of the Library Board during the past year.  Paula Jurado, 4623 Washington Street, inquired about the status of the township representative to the Library Board.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2003/2004 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2003/2004 Annual Report of the Grace A. Dow Memorial Library Board be received.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER NO. P-04-11

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

 

RESOLVED, that Traffic Control Order No. P-04-11 filed May 17, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Bayliss Street from Barth Street to Lyon Road.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-04-13

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

 

RESOLVED, that Traffic Control Order No. P-04-13 filed May 17, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Waldo Avenue from Eastlawn Drive to 200’ south.

is hereby made permanent.  (Motion ADOPTED.)

 

COUNTY ROAD TRANSFER

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

 

WHEREAS, the Midland County Road Commission adopted a resolution on January 15, 2004 authorizing the transfer of jurisdiction of Jefferson Avenue from 2886 feet north of Wackerly Street to Letts Road to the City of Midland; and

WHEREAS, the City of Midland is desirous of accepting jurisdiction of said county road to better serve the residents of the City of Midland; now therefore

RESOLVED, that the City Council hereby accepts jurisdiction of Jefferson Avenue from 2886 feet north of Wackerly Street to Letts Road for maintenance and operation.  (Motion ADOPTED.)

 

AMENDMENT OF THE ESTABLISHED FINAL PAY DEFERRAL PLAN

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

 

WHEREAS, the City of Midland has an established money purchase retirement plan in the form of The ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (the Plan), as provided by Council Resolution dated June 28, 2004; and

WHEREAS, current participating employees are limited by the Plan to unclassified, non-union employees; and

WHEREAS, the City desires to offer unionized employees the opportunity to participate in the Plan by means of a Plan amendment, should the representative union(s) express such intent through a Letter of Agreement between the union and the City; now therefore

RESOLVED, that Council authorizes staff to modify and amend the established Plan, to allow participation of represented employees upon establishment of the required Letter of Agreement between the union(s) and the City.  (Motion ADOPTED.)

 

OCCUPATIONAL HEALTH NURSE SERVICES

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

 

WHEREAS, the City of Midland has designated MidMichigan Urgent Care Center-Midland as its designated medical care facility for occupational health services; and

WHEREAS, the City has purchased occupational health nursing services from the Center since 1992; and

WHEREAS, it is recommended by the Human Resources staff to continue this relationship due to its positive impact on controlling Workers’ Compensation costs; and

WHEREAS, these services are deemed to be professional services in accordance with Section 2-19 of the Code of Ordinances, and do not require a competitive bid process; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to MidMichigan Urgent Care Center-Midland for the services of an occupational health nurse at the rate of $35.00/hour for a maximum of 832 hours for a not-to-exceed amount of $29,120 for fiscal year 2004-05.  (Motion ADOPTED.)

 

2004 ST. CHARLES & WHITMAN DRIVE RECONSTRUCTION; CONTRACT NO. 2

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 St. Charles Street from Poseyville Road to Whitman Drive and Whitman Drive from Towsley Street to St. Charles Street; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Porath Contractors, Inc. of Houghton Lake, Michigan, for the "2004 St. Charles and Whitman Drive Reconstruction; Contract No. 2", in the indicated amount of $173,953.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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.)

 

JEROME STREET WIDENING – MDOT CONTRACT NO. 04-5364

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

 

WHEREAS, a proposed Contract No. 04-5364 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the street widening of Jerome Street between Indian Street and Buttles Street; and

WHEREAS, the total estimated cost of the project is $91,000, of which federal aid will contribute $72,800, MDOT will contribute $16,150 and the City of Midland will contribute $2,050; and

WHEREAS, funding of the City cost share will be provided by the Major Street Fund; and

WHEREAS, the City of Midland supports having said street widened; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 04-5364 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

LEASE OF WHEEL LOADER FOR LANDFILL

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

 

WHEREAS, sealed bids for the three-year lease of one (1) articulated wheel loader – Landfill, Bid No. 2784, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Hyundai machine proposed by Midland Engine was rejected because it did not meet the minimum bid specifications; and

WHEREAS, staff review has determined that the Komatsu WA380-5 articulated wheel loader, submitted by AIS Construction Equipment Corporation of Bridgeport, offers the lowest total annual lease and preventive maintenance payment of $35,268.00; and

WHEREAS, the City Administration has reported sufficient funds are available in the 2004/05 Landfill fund account #517-8110-811.94-11 for the initial annual lease and preventive maintenance payment of $35,268.00; now therefore

RESOLVED, that the bid proposal submitted by AIS Construction Equipment Corporation (AIS) of Bridgeport in the amount of $35,268.00 per year ($105,804.00 total lease) is hereby accepted; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the lease and preventive maintenance contract with AIS, and authorizes annual payments of $35,268.00 (total of $105,804.00 for the term of lease), subject to approval by the City Attorney.  (Motion ADOPTED.)

 

ANNUAL SURPLUS EQUIPMENT AUCTION

City Purchasing Agent Mike Meyer presented a resolution authorizing the City Manager to sell surplus city equipment at an auction scheduled for Saturday, September 11, 2004.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the “2004 Auction List” attached as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, September 11, 2004.  (Motion ADOPTED.)

 

CLOSED SESSION

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

 

RESOLVED, that in accord with Sections 8(c) 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 discuss strategy in connection with negotiations of collective bargaining agreements.  (Motion ADOPTED by a Roll Call Vote.  Yeas:  Black, Johnson, McKeag, Myers, Rokosz  Nays:  None)

 

Being no further business the meeting adjourned to a closed session at 9:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk