December 20, 2004

 

A regular meeting of the City Council was held on Monday, December 20, 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 December 13, 2004 special and regular meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

2004 FIRE FIGHTER OF THE YEAR

Battalion Chief John Haag introduced Timothy A. Longlet, recipient of the 2004 Esther and Carl Gerstacker Fire Fighter of the Year Award.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that Midland Fire Department Fire Fighter Timothy A. Longlet is hereby recognized for being selected by the Midland Exchange Club as their 2004 Esther and Carl Gerstacker Fire Fighter of the Year recipient.  (Motion ADOPTED.)  Mayor Black presented Mr. Longlet with a Resolution of Recognition.  Mr. Longlet thanked the City Council, Midland Fire Department, and the Gerstacker family for the recognition. 

 

PETITIONS FOR PUBLIC IMPROVEMENTS

City Engineer Brian McManus presented a report on petitions and requests for capital projects submitted for consideration of inclusion in the 2005 Construction Program and staff’s recommendations that the requests be denied.  A public hearing opened at 7:50 p.m.  Richard Fosgitt, of Bartow and King Engineers, spoke on behalf of Bennett Construction and their request for water and sewer on Letts Road from Jefferson Avenue to Commerce Drive.  He indicated Bennett Construction would rather postpone street construction until a time when funds were available to construct the water and sewer.  He also encouraged Council to consider proceeding with making the requested street improvements on Letts Road from the end of the existing pavement to Sturgeon Avenue.   The public hearing closed at 7:54 p.m.  The following six resolutions were then presented for consideration:

 

WATER MAIN ON LETTS ROAD

The following resolution was offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from Earl D. Bennett Construction, Inc. for the installation of a water main on proposed Letts Road from Jefferson Avenue to Commerce Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion DENIED.  Yeas:  None    Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

WATER MAIN ON WALDO AVENUE

The following resolution was offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from Big Timber Limited Partnership for the installation of a water main on Waldo Avenue from Wheeler Street to Diamond Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion DENIED.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

SANITARY SEWER ON LETTS STREET AND STURGEON AVENUE

The following resolution was offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from residents on Letts Street and Sturgeon Avenue for the installation of a sanitary sewer on Letts Street and Sturgeon Avenue from the end of the existing sewer on Letts Street to Sturgeon Avenue and north on Sturgeon Avenue to the MUGA line, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion DENIED.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

SANITARY SEWER ON LETTS ROAD (Jefferson Ave to Commerce Dr)

The following resolution was offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from Earl D. Bennett Construction, Inc. for the installation of a sanitary sewer on proposed Letts Road from Jefferson Avenue to Commerce Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion DENIED.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

SANITARY SEWER ON WALDO AVENUE

The following resolution was offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from Big Timber Limited Partnership for the installation of a sanitary sewer on Waldo Avenue from Wheeler Street to Diamond Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion DENIED.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

STREET IMPROVEMENT ON LETTS STREET

The following resolution was offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from Earl D. Bennett Construction Company for the improvement of Letts Road from the end of the existing pavement at Winding Creek Subdivision to Sturgeon Avenue, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion DENIED.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

PUBLIC COMMENTS

No comments were made.

 

SAG-MID MUNICIPAL WATER SUPPLY – JUNCTION STATION PIPING PROJECT REPORT

Utilities Director Noel Bush introduced Michael Quinnell, Manager of the Saginaw Midland Municipal Water Supply Corporation, who presented a report on the Corporation’s intent to sell up to $3 million in bonds to finance the Junction Station yard piping.  The following resolution was then offered by Councilman Johnson and seconded by Councilman McKeag:

 

WHEREAS, the City Council received a presentation from the Saginaw-Midland Municipal Water Supply Corporation at its meeting on September 27, 2004, concerning certain piping and electrical improvements the Corporation desired to issue bonds to finance and construct; and

WHEREAS, on December 16, 2004, the Board of Trustees of the Saginaw-Midland Municipal Water Supply Corporation reviewed a report on both improvements and decided to separate the projects; and

WHEREAS, the Board approved moving forward with the bonding process for the Junction Station piping project at a cost of $3 million; and

WHEREAS, the Board decided to delay bonding for the Junction electric power project while additional engineering analysis is undertaken; and

WHEREAS, the Saginaw-Midland Municipal Water Supply Corporation wishes to advise the City Council that it will be publishing its notice of intent to issue bonds for the piping project; and

WHEREAS, the Corporation plans to seek Council approval of this project in February 2005; now therefore

RESOLVED, that the Midland City Council hereby receives and files the attached report from the Saginaw-Midland Municipal Water Supply Corporation.  (Motion ADOPTED.)

 

2005-06 BUDGET PRIORITIES COMMUNITY ROUNDTABLE DISCUSSIONS

City Clerk/Community Relations Director Selina Tisdale presented a report updating Council on the status of sign-up for the 2005-06 Budget Priorities Community Roundtable Discussions.  The following two resolutions were then presented for consideration.

 

2005-06 BUDGET PRIORITIES COMMUNITY ROUNDTABLE DISCUSSIONS REPORT

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

 

RESOLVED, that Midland City Council hereby receives and files the staff report on the
2005-06 Budget Priorities Community Roundtable Discussions.  (Motion ADOPTED.)

 

2005-06 BUDGET PRIORITIES COMMUNITY ROUNDTABLE DISCUSSIONS

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

 

RESOLVED, that Midland City Council hereby directs city staff to cancel the 2005-06 Budget Priorities Community Roundtable Discussions if 165 city residents have not signed up to participate by 5 p.m., Wednesday, January 5, 2005.  (Motion ADOPTED.)

 

PLANNING COMMISSION – DOWLING RESIGNATION

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

 

RESOLVED, that the resignation of Troy Dowling as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Dowling for his service on this important Commission.  (Motion ADOPTED.)

 

AIRPORT ADVISORY COMMISSION – LIND RESIGNATION

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

 

RESOLVED, that the resignation of Tom Lind as a member of the Aviation Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Lind for his service on this important Commission.  (Motion ADOPTED.)

 

BOARD OF REVIEW – ROGERS RESIGNATION

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

 

RESOLVED, that the resignation of Joseph E. Rogers as a member of the Board of Review, upon completion of his 2005 March Board of Review responsibilities, is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Rogers for his service on this important board.  (Motion ADOPTED.)

 

BOARDS AND COMMISSIONS VACANCIES REPORT

City Clerk/Community Relations Director Selina Tisdale presented a report on vacancies that currently exist on several City boards and commissions and a recommended timeline for recruiting applicants to appoint to these vacancies.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that Midland City Council hereby receives and files the staff report on vacancies currently existing on City of Midland Boards and Commissions; and

RESOLVED FURTHER, that Midland City Council hereby directs staff to proceed with advertising said vacancies and accepting citizen applications.  (Motion ADOPTED.)


PROCESS TO AMEND CITY CHARTER REPORT

City Attorney James O. Branson III presented a report on the process to amend the City Charter.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

WHEREAS, at the December 13, 2004 City Council meeting Councilman Myers requested that a staff report be prepared on the process for amending the City Charter; and

RESOLVED, that the City Council hereby accepts the staff report regarding the process to amend the City Charter.   (Motion ADOPTED.)

 

HEALTH BENEFITS AND COMPENSATION FOR FEDERALIZED EMPLOYEES

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

 

WHEREAS, City employees participating in the National Guard were federalized in February 2003 with varying deployment dates and have been informed that this federalization will be extended; and

WHEREAS, staff was authorized by Council to negotiate letters of agreement with the appropriate bargaining units to extend health benefits and compensate the difference between City and military pay for full-time federalized employees in six month periods; and

WHEREAS, City Council approval is required to extend benefits and compensation an additional six months; now therefore

RESOLVED, that staff is authorized to extend health benefits and compensation to the federalized employees effective January 2005 with City Council review in June 2005.  (Motion ADOPTED.)

 

2004 BAY CITY ROAD SANITARY SEWER; CONTRACT NO. 19

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 installation of a sanitary sewer  along Bay City Road from Rockwell Drive to proposed Fast Ice Drive and along Fast Ice Drive from Bay City Road to 600 feet south; and

WHEREAS, funding for this project is provided by the Wastewater Fund, the Civic Arena project and an in-lieu of special assessment payment from Nicolaos Rapanos; now therefore

RESOLVED, that the low sealed proposal submitted by Midstate Earthworks, Inc. of Freeland, Michigan, for the "2004 Bay City Road Sanitary Sewer; Contract No. 19", in the indicated amount of $108,960.50, 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 any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion ADOPTED.)

 

TRENCHLESS SEWER RECONSTRUCTION

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

 

WHEREAS, sealed bids for the Trenchless Sewer Reconstruction, Bid No. 2816, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available in Wastewater account #590-9120-912-97.50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that the low sealed bid submitted by Underground Infrastructure of Hilliard, Ohio is hereby accepted and issuance of a purchase order in the amount of $293,784.25 is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase order in an aggregate amount not to exceed $13,000.00.  (Motion ADOPTED.)

 

PROPOSED VACATION OF BENSON STREET

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

 

WHEREAS, the Midland City Council, acting upon the request of Marty McGuire, Director of Public Services to vacate Benson Street between St. Charles Street and Whitman Drive, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities, and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending vacation of Benson Street between St. Charles Street and Whitman Drive; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; and

WHEREAS, a response has been received from the Director of Utilities indicating no objection to the vacation request; and

WHEREAS, a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of Benson Street between St. Charles Street and Whitman Drive; and

RESOLVED FURTHER, that the 24th day of January, 2005, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the closure of said street, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing with advertising dates on January 1, 2005; January 8, 2005 and January 15, 2005; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion ADOPTED.)

 

PROPOSED 2004-05 CDBG BUDGET AMENDMENT

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, January 10, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering amendments to the Community Development Block Grant Budget for the City of Midland for fiscal year 2004-05 by appropriating additional funds as follows:

            Allocation                                                                     Amount

Safe Haven Outreach Center                                                 $50,000.00

Literacy Council                                                                      $  3,000.00

Saver’s Secrets                                                                      $  3,000.00

Community Mental Health                                                       $10,000.00

                                    TOTAL:                                                                       $66,000.00

(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 December 15, 2004 was received December 15, 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 tax exemption certificate relating to urethane production used in automotive glass bonding, automotive primer, and automotive sealers that will include $10,650,000 in land and building improvements, $59,850,000 in machinery and equipment, and is expected to create 79 new jobs within two years of project completion, 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, January 10, 2005, at 7:00 p.m., in the Council Chambers of the 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 9:25 p.m.

 

______________________________________

            Selina Tisdale, City Clerk