October 11, 2004

 

A regular meeting of the City Council was held on Monday, October 11, 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 led by Boy Scout Troop 763 from the First Baptist Church.

 

Councilmen present:

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

Councilmen absent:

None

 

 

MINUTES

Approval of the minutes of the September 27, 2004 regular meeting was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

ANNUAL SAFETY LEADERSHIP AWARD

Safety and Health Manager Gussie Peterson introduced Joan Hannah, recipient of the eighth annual City Manager’s Safety Leadership Award.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

IN RECOGNITION

WHEREAS, the City Manager has established the Safety Leadership Award to annually recognize a City employee or employee group for exceptional efforts and achievements in promoting safety for City of Midland employees; and

WHEREAS, this award is dedicated to the memory of Ted Wejrowski, who lost his life working as an employee of the City of Midland; and

WHEREAS, the City of Midland Employee Health and Safety Action Committee has selected Joan Hannah, of the Utilities Department (formerly of the Engineering Department), as the eighth annual recipient of this award due to her significant and ongoing contributions to City and Engineering Department safety programs; and

WHEREAS, the Employee Safety and Health Manager, Gussie Peterson, presented the award to Joan at an Employee Health and Safety Action Committee meeting in September; now therefore

RESOLVED, that the Midland City Council acknowledges the exceptional contributions that Joan Hannah has made to the City and Engineering Department safety programs and congratulates her for being the eighth annual recipient of the award.  (Motion ADOPTED.)

 

 

2004-05 BUDGET AMENDMENT

Fiscal Services Director David Keenan introduced a resolution that would amend the 2004-05 City budget and financial working plans to provide funding for June 30, 2004 encumbrances.  The Mayor opened the public hearing at 7:16 p.m. and, recognizing no public comments, closed the public hearing at 7:16 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

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, Monday, September 27, 2004, on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Storm Water Management Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2004-2005 fiscal year and to amend the financial working plans of the Parking Fund, Landfill Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund, and Municipal Service Center Rental Fund, for the 2004-2005 fiscal year in order to provide funding for June 30, 2004 encumbrances; now therefore

RESOLVED, that the 2004-2005 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

Finance                                                                                               $                6,600

City Assessor                                                                                                      17,275

City Attorney                                                                                                       174,300

Clerk                                                                                                                     48,057       

Human Resources                                                                                            103,000

Police & Fire Pension                                                                                            6,100

City Hall                                                                                                                60,000

Police Administration                                                                                           13,323

Police Patrol                                                                                                         11,891

Fire Administration                                                                                                 8,100       

Fire Fighting                                                                                                         52,677

Fire Maintenance                                                                                                   4,138       

Engineering                                                                                                          29,970

Traffic Services                                                                                                      3,050

Parks                                                                                                                    59,783

Plymouth Park Pool                                                                                           357,822

Stratford Woods Park                                                                                          32,000

Cemetery                                                                                                               7,080

Risk Management                                                                                                  1,963

Tax Appeals                                                                                                       243,706

Barstow Airport                                                                                                      4,070

Transfer to other funds                                                                                      170,303

Total General Fund                                                                             $          1,415,208

Major Street Fund

Operations                                                                                          $                 4,797

Local Street Fund

Operations                                                                                          $                 8,454

Stormwater Management Fund

Investment in assets (George St Basin)                                            $          1,075,526

Grace A. Dow Memorial Library Fund                                               

Operations                                                                                          $                  5,250

Investment in assets                                                                                              18,431

Total Grace A. Dow Memorial Library Fund                                       $                23,681

Cable Communications Fund

Operations                                                                                          $                  2,225

Downtown Development Authority Fund

Operations                                                                                          $                11,400

Investment in assets                                                                                             10,000      

Total Downtown Development Authority Fund                                   $                21,400

Transportation Fund

Investment in assets                                                                           $               45,000

Parking Fund

Operations                                                                                          $                    950

Landfill Fund

Operations and cell closure                                                                $             336,454

Investment in assets                                                                                            31,934

Cell development                                                                                                205,000

Total Landfill Fund                                                                               $              573,388

Wastewater Fund

Wastewater operations                                                                      $                13,754

Investment in assets                                                                                          574,030

Total Wastewater Fund                                                                      $              587,784

Water Fund

Operations                                                                                          $                38,725

Water distribution – tower maintenance                                                             441,400

Investment in assets                                                                                       2,272,914

Total Water Fund                                                                                $           2,753,039

Data Processing Operations Fund

Operations                                                                                          $                82,000

Investment in assets                                                                                           379,800

Total Data Processing Operations Fund                                            $              461,800

Equipment Revolving Fund

Investment in assets                                                                           $              422,666

Municipal Service Center Rental Fund

Investment in assets                                                                           $                40,000

FURTHER RESOLVED, the General Fund 2004-05 budget be amended by increasing Park expenditures by $200,000, and Outside Contribution Revenues by $200,000 to re-authorize both the revenue and expenditures relating to the Longview School Sprayground project.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No Comments were made.

 

FINAL PLAT OF COUNTRYSIDE ESTATES

Assistant City Manager Jon Lynch gave a brief overview of the platting process and then presented information on approval of the final plat of Countryside Estates, a residential subdivision of 22 lots on 10.17 acres west of Dublin Avenue and south of Countryside Drive. 

Don Gaffke, representative for Countryside Estates introduced himself and was available for Council questions.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Final Plat of Countryside Estates Subdivision is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Countryside Estates, in accordance with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

FOSTER WOODS SUBDIVISION NO. 3

Assistant City Manager Jon Lynch presented for council consideration approval of the final plat of Foster Woods Subdivision No. 3, a residential subdivision of 39 lots on 20.57 acres located east of Foster Road and north of East Wheeler Street.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Final Plat of Foster Woods Subdivision No. 3 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Foster Woods Subdivision No. 3, in accordance with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said plat and record on behalf of the City.  (Motion ADOPTED.)

 

WINDING CREEK ESTATES

Assistant City Manager Jon Lynch presented for council consideration, a report on a one-year time extension for the tentative approval of the preliminary plat of Winding Creek Estates and final approval of the preliminary plat of Winding Creek Estates, a residential subdivision of 83 lots on 48.2 acres located east of Perrine Road, south of Letts Road.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has received a request from Todd Bennett, President of Bennett Construction, proprietor of Winding Creek Estates, for a one-year time extension for the Tentative Approval of the Preliminary Plat and Final Approval of the Preliminary Plat of Winding Creek Estates; and

WHEREAS, Tentative Approval of the Preliminary Plat expired November 11, 2003; and

WHEREAS, the City Council has reviewed the request for the time extension of the Tentative Approval of the Preliminary Plat and Final Approval of the Preliminary Plat of Winding Creek Estates; now therefore

RESOLVED, that the City Council does hereby approve a one-year time extension until November 11, 2004, for the Tentative Preliminary Plat of Winding Creek Estates; and

RESOLVED FURTHER, that the City Council does hereby give Final Approval to the Preliminary Plat of Winding Creek Estates, in accordance with Section 23-15 of the Code of Ordinances of the City of Midland.  (Motion ADOPTED.)

 

WINDING CREEK ESTATES NO. 1

Assistant City Manager Jon Lynch presented for council consideration the approval of the final plat of Winding Creek Estates No. 1, a residential subdivision of 26 lots on 8.36 acres located east of Perrine Road, south of Letts Road.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the Final Plat of Winding Creek Estates No. 1 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the initial Final Plat of Winding Creek Estates No. 1, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute said plat and record on behalf of the City.  (Motion ADOPTED.)

 

CASE SYSTEMS, INC. – IFT CERTIFICATE AMENDMENT

City Assessor Reid Duford presented a report on a request from Case Systems, Inc. to revise the personal property component of the Industrial Facilities Certificate No. 2004-118.  Kelly Wehner, Controller for Case Systems, Inc., spoke in support of the revision.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

WHEREAS, pursuant to Rule 54.(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more that 10% of the estimated amount on the application, a certificate holder shall request that the local unit approve the revised cost; and

WHEREAS, Case Systems, Inc. was issued Industrial Facilities Exemption Certificate No. 2004-118 which has a personal property component of $1,113,942; and

WHEREAS, Case Systems, Inc. has now completed the project and that the actual cost for personal property was $1,344,674.98; and

WHEREAS, Case Systems, Inc. has requested the City Council to approve a change in the personal property component of Industrial Facilities Exemption Certificate No. 2004-118 to $1,344,634.98; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by Case Systems, Inc. to approve the increase of the personal property portion of Industrial Facilities Exemption Certificate No. 2004-118 from $1,113,942 to $1,344,634.98; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a revised certificate to Case Systems, Inc. based on the amended personal property cost.  (Motion ADOPTED.)

 

LOS CUATRO AMIGOS, INC. – LIQUOR LICENSE

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

RESOLVED, That the request from LOS CUATRO AMIGOS, INC. (A KENTUCKY CORPORATION) TO TRANSFER OWNERSHIP OF 2004 CLASS C LICENSED BUINESS, LOCATED IN ESCROW AT 2600 N. SAGINAW, SUITE #1, MIDLAND, MI  48640, MIDLAND COUNTY, FROM BAMBOO GARDEN, LIMITED be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-04-19

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

                                               

RESOLVED, that Traffic Control Order No. P-04-19 filed June 11, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the south side of Beech Street from Waldo Avenue to 100 feet east of Waldo Avenue.

is hereby made permanent.  (Motion ADOPTED.)

 

DRAFT ANNEX 2001 IMPLEMENTING AGREEMENTS

Utilities Director Noel Bush reviewed for council consideration the city’s recommended position on the Draft Annex 2001 Implementing Agreements to the Great Lakes Charter that guides the Great Lakes Governors and Premiers in developing, maintaining and strengthening the regional management regime for the Great Lakes Ecosystem.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the Great Lakes are a bi-national public treasure and are held in trust by the Great Lakes States and Provinces, and for the last nineteen years, the Great Lakes Governors and Premiers have followed a set of principles included in the Great Lakes Charter to guide them in developing, maintaining, and strengthening the regional management regime for the Great Lakes ecosystem; and

WHEREAS, the Waters and Water-Dependent Natural Resources of the Basin remain at risk of damage from pollution, environmental disruptions, and unsustainable water resource management practices that may individually and cumulatively alter the hydrology of the Great Lakes ecosystem; and

WHEREAS, to address these concerns, on June 18, 2001, the Great Lakes Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin joined with the Premiers of Ontario and Quebec in signing the Great Lakes Charter Annex 2001 in Niagara Falls, New York, and was developed to update the Great Lakes regional water management system to ensure the Great Lakes are protected, conserved, restored and improved for future generations; and

WHEREAS, the Council of Great Lakes Governors is seeking public review and comment on the attached draft proposal to implement Annex 2001; and

WHEREAS, the City has several concerns and issues with the draft proposal and has formulated a letter reflecting the City’s position and recommendations; and

WHEREAS, staff recommends that the letter containing the City’s position on the draft proposal to implement Annex 2001 be forwarded to stakeholders in the City of Midland’s water system; now therefore

RESOLVED, that the City Manager is hereby directed to forward the letter containing the City’s position on the draft proposal to implement Annex 2001 to; 1) Governor Granholm, 2) U.S. Congressman Camp, 3) State Senator Stamas, 4) Representative Moolenaar, 5) Office of the Great Lakes, 6) Council of Great Lakes Governors, 7) Saginaw-Midland Municipal Water Supply Corporation, 8) City of Saginaw, 9) City of Auburn, 10) Water District #1, 11) the Townships of Homer, Larkin, and Midland, 12) Midland Tomorrow, and 13) Midland Chamber of Commerce.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP ANNUAL FINANCIAL STATEMENTS AND AUDITORS REPORTS

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 2004, with comparative figures for June 30, 2003, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

LIFE/ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE

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

 

WHEREAS, sealed bids for Life/Accidental Death & Dismemberment insurance, Bid No. 2802, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding is available in departmental accounts dedicated to life insurance expenses; now therefore

RESOLVED, that the low sealed proposal submitted by Saginaw Bay Underwriters of Midland,  Michigan for the indicated premium of $0.13 per thousand for Life Insurance and $0.02 per thousand for Accidental Death and Dismemberment Insurance, amounting to a total yearly premium of approximately $32,604 , is hereby accepted as being the most favorable to the City of Midland.  (Motion ADOPTED.)

 

LABOR AGREEMENT – POLICE OFFICERS ASSOCIATION OF MICHIGAN

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Officers Association of Michigan, Midland (POAM) for labor contract changes effective July 1, 2004 and expiring June 30, 2009; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

LEASE AGMT – COMMERCIAL ANTENNAS ON JEFFERSON WATER TOWER

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

 

WHEREAS, the City of Midland has received requests for the placement of commercial antennas on the Jefferson Avenue water tower, which 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, staff 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, which proposes an antenna array that will maximize utilization on the tank and the site, and has resulted in the identification of space for three antenna systems; and

WHEREAS, on August 23, 2004 Council directed staff to formally solicit Request for Proposals (RFPs) for use of tower and ground space to assure fairness in the award, and the City Attorney was directed to prepare contracts for leasing of space on the tower; and

WHEREAS, request for proposals were sent to eight (8) potential vendors, and on October 4, 2004, one sealed proposal was received and opened for Bid No. 2806, Leased Space on Jefferson Street Water Tower; and

WHEREAS, the only proposal received was from SpeedNet, LLC of Saginaw with the indicated first year annual rental rate of $5,000.00; now therefore

RESOLVED, that authorization is hereby given to the Mayor and City Clerk to execute a lease agreement, subject to approval by the City Attorney, with SpeedNet, LLC for the leasing and placement of commercial antennas on the Jefferson water tower with the indicated first year annual rental rate of $5,000.00.  (Motion ADOPTED.)

 

BRASS WATER SERVICE FITTINGS

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

 

WHEREAS, sealed proposals (Bid No. 2795) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Brass Water Service Fittings for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Inventory Account; now therefore

RESOLVED, that the detailed proposal submitted by Municipal Supply Company of Luzerne, Michigan is hereby accepted and a purchase order authorized for brass service fittings, in an amount not to exceed $35,000.00; and

RESOLVED FURTHER, that the City Manager is hereby authorized to make change orders in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

MANHOLE REHAB CONTRACT – CHANGE ORDER

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

 

WHEREAS, staff identified sewers in the Emerson Park and Valley Drive areas needing rehabilitation, and as part of the Infiltration and Inflow Removal Program 34 manholes were targeted; and

WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, on August 9, 2004 a contract in the amount of $118,475.00 was awarded to Advanced Underground Inspections, LLC of Detroit to provide for the reconstruction of 34 sanitary manholes in the Emerson Park and Valley Drive areas; and

WHEREAS, through further video inspection in the Emerson Park and Valley Drive areas four (4) more manholes were found buried in back yards, needing reconstruction work totaling $17,500.00; and

WHEREAS, funding for the additional rehabilitation work is available in the 2004/05 Wastewater fund account #590-9120-912.97-65 – Capital Construction Projects for that purpose; now therefore

RESOLVED, that the change order in the amount of $17,500.00 to the existing Advanced Underground Inspections purchase order is hereby authorized, bringing the total purchase order amount to $135,975.00, for manhole reconstruction services as part of the City’s Infiltration and Inflow Removal Program.  (Motion ADOPTED.)

 

PROPOSED 2004-05 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

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., October 25, 2004 in the Council Chambers of City Hall on the proposal to amend the 2004-05 budget of the Equipment Revolving Fund to increase expenditures in the Capital Outlay, Equipment account by $170,500 for the unanticipated replacement of a golf course mower that experienced engine failure as well as for the early replacement of a bulldozer at the Landfill, and to increase the revenue by $50,000 to reflect the trade-in value of the bulldozer being replaced.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – IFT APPLICATION

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

 

RESOLVED, that an application dated September 29, 2004 was received September 29, 2004 from The Dow Chemical Company 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 Saran Saphire II Plant Rehabilitation District No. 1 relating to the rehabilitation of both real and personal property within a section of the Saran complex at Michigan Operations in the amount of $44,375,000.00 relating to rehabilitation facility approval to allow further expansion in the Saran Saphire II Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 25, 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 Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:33 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk