A regular meeting of the City
Council was held on
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
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
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
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
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:
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
Traffic Services 3,050
Parks 59,783
Cemetery 7,080
Risk Management 1,963
Tax Appeals 243,706
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 (
Grace A. Dow Memorial Library Fund
Operations $
5,250
Investment in assets 18,431
Total Grace A. Dow Memorial Library Fund $ 23,681
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
Investment in assets $ 422,666
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
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
RESOLVED FURTHER, that the City
FOSTER WOODS SUBDIVISION NO. 3
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
RESOLVED FURTHER, that the City
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
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
WINDING CREEK ESTATES NO. 1
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
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
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
That parking shall be prohibited on the
south side of
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
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
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
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the Mayor and City
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
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
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
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
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
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
Being no further business the
meeting adjourned at
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Selina Tisdale, City