March 21, 2005
A regular meeting of the City Council was held on Monday, March 21, 2005, 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.
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Councilman Johnson requested items 9 and 15a be removed from the consent agenda.
Approval of the minutes of the March 5, 2005 special and the March 7, 2005 regular meetings was offered by Councilman Myers and seconded by Councilman Johnson. (Motion ADOPTED.)
CITY COUNCIL GOALS PRESENTATION
Mayor Black presented a review of the City Council goals for 2005. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED, that the attached 2005 City Council Goals dated March 21, 2005 are hereby received and ordered filed in the Office of the City Clerk and at the Government Information Corner at the Grace A. Dow Memorial Library. (Motion ADOPTED.)
MIDLAND TOMORROW PRESENTATION
Jenee Velasquez, Chief Executive Officer for Midland Tomorrow, presented a report on the economic and community development programs and activities of Midland Tomorrow. David Ramaker, Executive Board President for Midland Tomorrow, provided a presentation on the Catalyst for Growth campaign to attract investor support for Midland Tomorrow. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the City Manager is hereby directed to include in the 2005-06 City of Midland budget an increased appropriation to Midland Tomorrow equal to $92,500 for calendar year 2005 and $100,000 for calendar years 2006 and 2007. (Motion ADOPTED.)
2004-05 DDA BUDGET AMENDMENT
Christin O’Callaghan, Executive Director for the Downtown Development Authority (DDA), presented a report to amend the 2004-05 DDA budget to provide funding for the Ashman Street Streetscape Improvement Project, reviewed the recommendations that Sugar Construction be awarded the reconstruction and streetscape improvements contract and Wilcox Professional Services be awarded the contract for construction staking and inspection services. A public hearing opened at 8:02 p.m. Larry Pillepich, 3602 McKeith Court, suggested the minutes of the DDA meetings be posted on the website and shared his concerns about the financing of the DDA and the return on investments for projects such as the Ashman Street improvement. The hearing closed at 8:28 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, that in
accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland,
and after having given proper legal notice, and having conducted a public
hearing on Monday, March 21, 2005, on the proposal to amend the 2004-2005
Downtown Development Authority budget to provide $1,140,505 of funding for the
Ashman Street Streetscape Improvement Project; now therefore
RESOLVED, that the 2004-2005 Downtown Development Authority budget be
amended to increase appropriations by $1,140,505 for reasons provided in the
preceding paragraph. (Motion ADOPTED.)
2005 ASHMAN STREETSCAPE IMPROVEMENTS
The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:
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 and streetscape improvements on Ashman Street from Ann Street to
Buttles Street and the replacement of the water main on Ashman Street from
Larkin Street to Buttles Street; and
WHEREAS, funding for this project is provided by the Downtown
Development Authority, Major Street Fund and Water Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Sugar Construction,
Inc. of Midland, Michigan, for the "2005 Ashman Streetscape Improvements;
Contract No. 2", in the indicated amount of $1,028,614.69, 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.)
ASHMAN STREETSCAPE IMPROVEMENTS – STAKING
& INSPECTION SERVICES
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the Downtown Development Authority
has determined a need for professional construction staking, inspection and
oversight services during construction of the Ashman Street Streetscape
Improvement Project; and
WHEREAS, proposals were received from
interested engineering firms in accordance with the City’s purchasing policy;
and
WHEREAS, funding for said project is
provided by the Downtown Development Authority; now therefore,
RESOLVED, that the low sealed proposal
received from Wilcox Professional Services for construction staking, inspection
and oversight services for the Ashman Street Streetscape Improvement project in
the indicated amount of $42,710.00, based upon City estimated hours and unit
rates, is hereby accepted and the Mayor and 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 $10,000.
(Motion ADOPTED.)
MCKAY PRESS, INC. – IFT APPLICATION
City Assessor Reid Duford presented information on a request for an Industrial Facilities Exemption Certificate for McKay Press, Inc. relating to the purchase of personal property. Jenee Velasquez, Chief Executive Officer for Midland Tomorrow, spoke in support of granting the IFT. Bob Smith, Controller for McKay Press, spoke in regard to the proposed project and requested Council approval of the IFT. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the
Expanded McKay Industrial Development District No. 1 was established by
resolution of the Midland City Council on May 8, 2000; and
WHEREAS, McKay
Press, Inc. made an application dated February 17, 2005, which was received by
the City Clerk on February 17, 2005, for an Industrial Facilities Exemption
Certificate relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $585,300 which is entirely personal property consisting
of a new digital color press with the same being located within the Expanded
McKay Industrial Development District No. 1; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
March 21, 2005, as required by Public Act 198 of Public Acts of the State of
Michigan of 1974, as amended, and has given due consideration to all
information presented; and
WHEREAS, the
application appears to comply with the requirements set forth in Section 9 of
said statute, as amended, in that the proposed facility is located within an
industrial development district or an industrial rehabilitation district that
was duly established within the City of Midland with the City of Midland being
eligible under said statute to establish such a district and with the district
having been established upon a request before the commencement of the
restoration, replacement or construction of the facility described herein; that
the commencement of this project did not occur earlier than six months before
the filing of the application for the industrial facilities exemption
certificate, that the application relates to a construction, restoration or
replacement program that when completed constitutes a new or replacement
facility within the meaning of said statute and is situated within a previously
established industrial development district or an industrial plant
rehabilitation district that was established in the City of Midland which was
itself eligible under the statute to establish the district; that completion of
the facility is calculated to, and will at the time of the issuance of the
certificate, have the reasonable likelihood to create employment, retain
employment, prevent a loss of employment
or produce energy in the community; now therefore
RESOLVED, that the
City Council of the City of Midland finds and determines that the granting of the
industrial facilities exemption certificate requested by McKay Press, Inc.
considered together with the aggregate amount of industrial facilities
exemption certificates previously granted and currently in force, shall not
have the effect of substantially impeding the operation of the City of Midland
or impairing the financial soundness of any other taxing unit which levies an
ad valorem property tax in the City of Midland; and
RESOLVED FURTHER,
that said application for an Industrial Facilities Exemption certificate from
McKay Press, Inc. for new facility approval within the Industrial Development
District be and the same is hereby approved for a period of 12 years with an
ending date of December 30, 2017; and
RESOLVED FURTHER,
that the Mayor and City Clerk are authorized to execute the Public Act 198
Agreement submitted between the City and McKay Press, Inc. pursuant to P.A. 334
of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
PUBLIC COMMENTS
No comments were made.
RECREATION FEES ORDINANCE AMENDMENTS
Director of Public Services Martin McGuire
presented information on ordinance amendments for fees associated with the
Civic Arena, Golf Course, and Swimming Pool.
The following three ordinances were then presented for consideration.
CIVIC ARENA FEES ORDINANCE
The following ordinance amending Civic Arena
fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. 1591
The City of Midland Ordains:
Section 1. Section 21-70 of Division 1 of Article
II of Chapter 21 is amended to read as follows:
Sec. 21-70.
Civic Arena Fees
The
fees for use of the Civic Arena and its facilities are as follows:
(1) Individual Ice Skaters $ 3.00 per
session
(2) Skating Pass (25 Admissions) $ 65.00 per pass
(3) Skate Rental $ 2.00 per session
(4) Rink Rental $ 175.00 per hour
(5) Rink Rental (M-F,
(6) Summer Rink Rental
$ 175.00 per hour
(7) Non-Ice Rental (Equivalent to 2
rinks) $ 2000.00 per day
(8) Non-Ice Rental (Equivalent to 1 rink) $ 1000.00 per day
(9) Non-Ice Rental (Equivalent to ½ rink) $
500.00 per day
Section 2. This
Ordinance shall take effect on August 1, 2005.
(Ordinance ADOPTED.)
GOLF COURSE FEES ORDINANCE
The following ordinance amending Golf Course
fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. 1592
AN ORDINANCE TO AMEND THE
CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71
OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section
1. Section 21-71 of Division 2 of
Article II of Chapter 21 is amended to read as follows:
Sec. 21-71.
Golf Course Fees
The fees for golfing privileges at
the Currie Municipal Golf Course are as follows:
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Currie East
Municipal Golf Course |
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9-hole rate |
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Regular weekday |
$11.00 per play |
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Regular weekend |
$12.00 per play |
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Senior & Youth weekday
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$ 7.50 per play |
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18-hole rate |
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Regular weekday |
$19.00 per play |
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Regular weekend |
$22.00 per play |
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Senior & Youth weekday
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$12.00 per play |
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Twilight golf rate |
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(after |
$7.00 per play |
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(after |
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Winter rate |
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(November 1 – March 1) |
$5.00 per play |
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Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th) |
$7.00 per play |
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Currie West
Municipal Golf Course |
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9-hole rate |
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Regular weekday |
$13.00 per play |
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Regular weekend |
$17.00 per play |
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Senior & Youth weekday
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$ 9.00 per play |
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18-hole rate |
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Regular weekday |
$21.00 per play |
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Regular weekend |
$29.00 per play |
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Weekend after |
$23.00 per play |
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Senior & Youth weekday
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$14.50 per play |
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Twilight golf rate |
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(after |
$8.50 per play |
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(after |
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Winter rate |
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(November 1 – March 1) |
$5.00 per play |
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Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th) |
$7.00 per play |
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Par Three Course |
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Regular Par 3 |
$6.00 per play |
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Senior & Youth Par 3 |
$4.00 per play |
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Currie East and
Currie West Municipal Golf Courses |
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20 play pass (9-hole), Weekday only |
$210.00 per pass |
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Unlimited play |
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Single season pass |
$ 665.00 per pass |
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Double season pass |
$1065.00 per pass |
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Restricted play (unlimited East Course play, weekdays and after 2:00
p.m. weekends on West Course) |
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Single season pass |
$600.00 per pass |
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Double season pass |
$960.00 per pass |
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Senior & Youth unlimited play |
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Single season pass |
$585.00 per pass |
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Double season pass |
$935.00 per pass |
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Senior & Youth restricted play
(unlimited East Course play, weekdays and after 2:00 p.m. weekends on
West Course) |
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Single season pass |
$525.00 per pass |
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Double season pass |
$840.00 per pass |
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Senior & Youth limited play (9 holes weekdays before 3:00 p.m.
with differential for non-discounted times) |
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Single season pass |
$390.00 per pass |
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Double season pass |
$625.00 per pass |
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Family pass – additional family member from same household |
$360.00 per pass |
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Trail Fee (private carts when owner or member of immediate family is
present) |
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Season pass |
$220.00 |
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Daily pass |
$ 5.00 |
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Differential
rates for Senior & Youth limited pass |
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Currie East
Municipal Golf Course |
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9 hole rate |
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Weekday |
$3.50 per play |
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Weekend |
$4.50 per play |
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18 hole rate |
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Weekday |
$7.00 per play |
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Weekend |
$10.00 per play |
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Currie West
Municipal Golf Course |
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9 hole rate |
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Weekday |
$4.00 per play |
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Weekend |
$8.00 per play |
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18 hole rate |
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Weekday |
$ 6.50 per play |
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Weekend |
$14.50 per play |
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Note: Season Pass rates will remain in effect for 2006
season if purchased before
Exception: In order to fairly compete with non-municipal
courses for golf outings, the
Director of Public Services is authorized with the approval of
the City
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
SWIMMING POOL FEES ORDINANCE
The following ordinance amending Swimming
Pool fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. 1593
The City of Midland Ordains:
Section 1. Section
21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:
Sec. 21-72.
Swimming pool fees
The
fees for use of the city’s swimming pools are as follows:
(1) Public swimming $ 2.00 per
session
(2) Limited pass (15 Admissions) $ 25.00 per
pass
(3) Swimming lessons * $ 30.00 per
session
(4) Individual swim pass (unlimited use) $ 60.00 per pass
(5) Family swim pass (2 members) $ 95.00 per
pass
(6) Family swim pass (each additional member) $ 25.00 per member
(7) Family swim pass (maximum per family) $ 145.00 per day
(8) Competitive swim pool rental $ 16.50 per
hour
* THERE SHALL BE A $10.00 SERVICE FEE FOR REFUNDS.
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
PERFORMANCE RESO FOR GOV’TL BODIES (STATE RIGHT OF WAY PERMITS)
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
WHEREAS, on April 9, 2001, the City of Midland adopted a Michigan
Department of Transportation Performance and Indemnification Resolution to
allow the City of Midland to operate within the State Rights Of Way using an
annual State permit instead of individual State permits; and
WHEREAS, the Michigan Department of Transportation Performance and
Indemnification Resolution has been revised by the State; and
WHEREAS, the City Attorney has reviewed the revised State Performance
and Indemnification Resolution; now therefore
RESOLVED, that the attached revised State Performance and
Indemnification Resolution is hereby adopted to facilitate processing State
Right of Way Permits; and
RESOLVED FURTHER, that the City Clerk is hereby authorized to execute
the Performance Resolution for Governmental Bodies on behalf of the City of
Midland. (Motion ADOPTED.)
CIVIC ARENA (USE OR DEMOLITION)
Department of Public Services Director
Martin McGuire presented a report on demolition of the Midland Civic Arena
located at 515 E. Collins Street. Matt
Janson, 806 Vance Road, spoke regarding today’s “disposable” society and his
hopes that the City could find an alternate use for the Civic Arena. Fay Wood, 3501 Bay City Road, spoke
regarding differing opinions on what to do with the City finances. Paula Jurado, 4623 Washington Street, spoke
regarding other park uses for Central Park if the Civic Arena is
demolished. The following resolution was
then offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that the City staff is hereby directed to prepare a report outlining issues and processes involved with converting the Civic Arena located at 515 E. Collins to a non-park use. (Motion ADOPTED. Yeas: Johnson, McKeag, Myers, Rokosz Nays: Black)
ONE-DAY LIQUOR LICENSES FOR CURRIE CLUBHOUSE
Department of Public Services Director
Martin McGuire presented a recommendation that staff be authorized to apply for
up to five one-day liquor licenses in 2005 to be used in conjunction with golf
outings hosted at Currie Municipal Golf Course.
Janet Neumann, 4915 Tucker Street, shared her concerns that the approval
of the one-day liquor licenses could lead to other areas where the city will
have to become involved with the sale of alcohol. Matt Janson, 806 Vance Road, inquired about
who could purchase alcohol if Currie possessed a one-day liquor license. Mr. McGuire clarified the sale of alcohol
would be confined to the time and space of the golf outing event for which the
license was acquired. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Johnson:
WHEREAS, the Parks and Recreation Commission voted 9-0 at their meeting of March 1, 2005 to authorize staff to apply for up to five one-day liquor licenses for Currie Golf Course in 2005; and now therefore
RESOLVED, that the Director of Public Services is hereby authorized to apply for up to five one-day liquor licenses for specific golf outings in 2005. (Motion ADOPTED.)
BOARDS AND COMMISSIONS – REAPPOINTMENT OF INCUMBENTS
City Clerk/Community Relations Coordinator
Selina Tisdale presented information on Council appointments to fill board and
commission terms that will expire on June 30, 2005. The following resolution was then offered by
Councilman Johnson and seconded by Councilman Rokosz:
WHEREAS, the city staff has
contacted all boards and commissions members whose terms expire June 30, 2005,
to confirm their interest in being reappointed and has provided
RESOLVED, that the
Stuart Bergstein Aviation Advisory Commission, pilot representative
Robert Granstra Cable Access Advisory Commission, citizen at large
Roy Green Cable Access Advisory Commission, MCTV access user
Charlotte Williams Dial-A-Ride Advisory Commission, citizen at large
Judy Stein Library Board, citizen at large
Lois Berthiaume Parks and Recreation Commission, citizen at large
Carol Svenson Planning Commission, citizen at large
Don Hall Sewer District Board of Appeals, citizen at large
James Pollack Sewer District Board of Appeals, citizen at large
Susan MacKellar West
Main Street Historic District Commission, citizen
at large
Timothy
Lichtenwald West Main Street Historic District Commission, architect representative
John Higgins Zoning Board of Appeals, citizen at large
Richard Siemer Zoning Board of Appeals, alternate member
Roy Green Zoning Board of Appeals, alternate member
; and
RESOLVED FURTHER, that the City Council hereby reappoints the following incumbent to the Local Officers Compensation Commission effective July 1, 2005 for a seven (7) year term ending June 30, 2012
Robert O’Hara Local Officers Compensation Commission, citizen at large
; and
RESOLVED FURTHER, that city staff is directed to begin disseminating information regarding the remaining boards and commissions vacancies. (Motion ADOPTED.)
VENDOR CART POLICY AMENDMENT
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
WHEREAS, the Vendor Cart Agreement and
Policy were adopted by City Council on July 15, 2002; and
WHEREAS, the Downtown Development Authority
has reviewed the Vendor Cart Agreement and Policy and requests that the Vendor
Cart Policy fee be waived for businesses located within the Downtown District;
now therefore,
RESOLVED, that businesses located within the
Downtown Development Authority District are exempt from the Vendor Cart Policy
fee so long as the business remains within the Downtown Development Authority
District and said business must comply with all other rules and requirements
pertaining to the Vendor Cart Policy and Agreement. (Motion ADOPTED.)
SAG-MID MUNICIPAL WATER SUPPLY CORP – 2004 ANNUAL REPORT
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the Saginaw-Midland Municipal
Water Supply Corporation 2004 Annual Report, be received and filed in the
office of the City Clerk. (Motion
ADOPTED.)
QUARTERLY FINANCIAL STATESMENTS FOR DECEMBER 31, 2004
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the quarterly operating statements of the City of Midland, for the quarter ended December 31, 2004, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination. (Motion ADOPTED.)
DUNN RESIGNATION – AVIATION ADVISORY & MBS INT’L AIRPORT
COMMISSIONS
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the resignation of Clay Dunn as a member of the Aviation Advisory Commission and the MBS International Airport Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Dunn for his service on these important Commissions. (Motion ADOPTED.)
DART – TRANSPORTATION COORDINATOR & FINANCIAL ASSISTANCE
Director of Public Services Martin McGuire
presented a report on the City’s annual application to the State of Michigan
for Dial-A-Ride funding. Paula Jurado,
4623 Washington Street, inquired about the requirement for a senior
representative on the Dial-A-Ride Advisory Board. Director of Public Services Martin McGuire
responded that a board member 60 years or greater was a State requirement for
the Dial-A-Ride Advisory Board. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Myers:
WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2006 and, therefore it is necessary to apply for state financial assistance under provisions of Act 51; and
WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and
WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and
WHEREAS, the 10c (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and
WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and
WHEREAS, the City of Midland intends to apply for an estimated $558,820 in state operating assistance funds; an estimated $159,227 in federal 49 USC 5311 operating assistance funds; and an estimated $366,000 in federal USC 5309 capital assistance to replace 6 busses for state fiscal year 2006; now therefore
RESOLVED, that The City Manager is hereby named as Transportation Coordinator for all public transportation matters; and
RESOLVED FURTHER, that the City
of
DART – MDOT CONTRACTS OF $20,000 OR LESS
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and
WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2006 for Passenger Transportation related services; and
WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore
RESOLVED, that the City
“BURN CELL” REQUEST
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the request from The International Association of Arson Investigators to construct and operate a “Burn Cell” in the parking lot near the Farmers Market on May 24, 2005, is hereby approved subject to the following conditions:
(Motion ADOPTED.)
KIDNEY WALK
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the request from the National Kidney Foundation of Michigan, Inc., seeking permission to hold a fund raising walk on the Rail Trail on September 25, 2005, from 10:00 a.m. – 5:00 p.m. is hereby approved subject to the following conditions:
RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)
PHYSCIAL PROGRAM – MIDMICHIGAN MEDICAL
CENTER
The following resolution was offered by Councilman Myers and seconded by Councilman Johnson:
WHEREAS, physicals are a negotiated benefit for supervisors and command officers and are part of the compensation package for Unclassified staff; and
WHEREAS, MidMichigan Medical Center-Midland provides a program that consolidates physician and laboratory services that results in a cost savings to the City; and
WHEREAS, in accordance with Section 2-l8 of the Code of Ordinances, it is impractical to solicit bids for consolidated physician and laboratory services because these services are not available locally except through MidMichigan Medical Center-Midland and traveling to medical facilities in other cities is an inefficient use of staff time; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order for a City physical program to MidMichigan Medical Center-Midland for physician and laboratory services for $395.00 per person. (Motion ADOPTED.)
YEAR-END AUDITING ASSISTANCE – PAYMENT TO
PLANTE & MORAN
The following resolution was offered by Councilman Myers and seconded by Councilman Johnson:
WHEREAS, on March 10, 2003, the City Council
retained the services of Plante and Moran, PLLC as the City’s independent
auditors for the fiscal years ending June 30, 2003, 2004, and 2005 at a fee not
to exceed $42,000 for the first year, with increases for the following two
years to be limited to the Proposal A taxable value increase factor, or three
percent, whichever is less; and
WHEREAS, additional services from Plante
& Moran were required to complete the June 30, 2004 year-end financial
audit, single audit, and the comprehensive annual financial report preparation;
and
WHEREAS, sufficient budgetary funding exists
in the
RESOLVED, that payment to the certified
public accounting firm of Plante and Moran be approved in the amount of $37,000
for additional procedures performed in connection with the June 30, 2004
year-end audit. (Motion ADOPTED.)
2005 LOCAL STREET
RECONSTRUCTION, PHASE I
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
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 and resurfacing of Nelson Street from
St. Andrews to Lingle; Noeske Street from St. Andrews to Balfour and Sayre
Street from East Park to Eastman and the replacement of the water main and
repairs to the sanitary sewer on Noeske Street; and
WHEREAS, funding for this project is provided by the Local Street Fund,
Wastewater Fund and Water Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Sova Excavating
& Trucking, Inc. of Midland, Michigan, for the "2005 Local Street
Reconstruction, Phase I; Contract No. 5", in the indicated amount of
$292,229.00, 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.)
2005 SURFACE
TREATMENT PROGRAM
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the surface
treatment of local and major streets; and
WHEREAS, funding for this project is provided by the Major and Local
Street Funds; now therefore
RESOLVED, that the adjusted low sealed proposal submitted by Pavement
Maintenance Systems, Inc. of Imlay City, Michigan for the "2005 Surface
Treatment Program; Contract No. 4", in the indicated amount of $166,310.85
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
not to exceed $20,000. (Motion ADOPTED.)
EASTMAN AVENUE
TRAFFIC STUDY
City Engineer Brian McManus presented a report on contracting with DLZ
Michigan, Inc. of Lansing, Michigan, for professional traffic engineering
services related to Eastman Avenue. The
following resolution was then offered by Councilman Myers and seconded by
Councilman Johnson:
WHEREAS, the City of Midland Budget Priorities Community Roundtables results presented to City Council in February 2005 indicated that the citizens of Midland desire solutions to improve traffic flow on Eastman Avenue in the area of the Midland Mall; and
WHEREAS, specialized experience in the area of traffic management is required to study alternative solutions; and
WHEREAS, the City Engineer has presented a report that recommends retaining the service of DLZ Michigan, Incorporated to review the traffic conditions in the Mall area and prepare a design development study that includes traffic improvement solutions; now therefore
RESOLVED, that in accord with Section 2-19 of the Code of Ordinances, City Council authorizes the Mayor and City Clerk to approve an agreement with DLZ Michigan Incorporated in the amount of $65,066.90 for said study, subject to review and recommendation of the City Attorney; and
RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering said agreement in an aggregate amount not to exceed $20,000; and
RESOLVED FURTHER, that the Director of Fiscal Services is hereby instructed to transfer $65,070 from the County Road Millage to the appropriate project account. (Motion ADOPTED.)
BITUMINOUS
MATERIALS – ANNUAL PURCHASE
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and
WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore
RESOLVED, that the low sealed proposal meeting City specifications submitted by Saginaw Asphalt of Carrollton, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $30.00 per ton is hereby accepted; and
RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order in accord with this resolution, the proposal selected and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder. (Motion ADOPTED.)
MDOT STATE
TRUNKLINE MAINTENANCE CONTRACT
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
RESOLVED, that the State Trunkline Maintenance Contract between the Michigan Department of Transportation and the City of Midland for the period of October 1, 2004 through September 30, 2009 is hereby accepted and Director of Public Services, Martin McGuire is designated as Maintenance Superintendent on sections of State Trunkline Highways as shown on the Municipal Route Section Map and Budget Sheets; and
RESOLVED FURTHER, that City
CURRIE CLUBHOUSE
CONCESSION CONTRACT
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, a mutually beneficial arrangement has been developed between the City of Midland and the Arnold Center Inc. by which jobs are created for individuals with disabilities and the City will receive concession services at Currie Golf Course; and
WHEREAS, the City Attorney has drafted a contract which formalizes the arrangement; now therefore
RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with the Arnold Center Inc. to provide concession services at Currie Golf Course. (Motion ADOPTED.)
TORO REELMASTER
3100-D MOWER – GOLF COURSE
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of one Toro Reelmaster 3100-D mower, with trade-in, Bid No. 2831; and
WHEREAS, funding for the mower is included in the 2004-05 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc., of Sparta, Michigan in the net amount of $21,000.00 for the purchase of one Toro Reelmaster 3100-D mower, including trade-in of city equipment number 4-34, in accordance with the proposal and city specifications. (Motion ADOPTED.)
STANDBY GENERATOR
FOR STATE STREET SANITARY PUMP STATION
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, as part of an on-going process to improve the sanitary sewer system reliability and to reduce the probability of sewer backups staff recommends the purchase and permanent installation of a standby generator at the State Street sanitary pump station; and
WHEREAS, sealed bids for the
Standby Generators, Bid No. 2840, have been advertised and received in accord with section 2-18 of the Midland Code
of Ordinances; and
WHEREAS, the low bid submitted by PowerTech Systems, Inc. in the amount
of $17,408.00 for a Katolight D50FTJ4T2 standby generator is lower in
horsepower and smaller in cubic inch displacement than City specifications, and
is therefore is rejected; and
WHEREAS, the low compliant bid submitted by Bridgeway Power of New
Hudson, Michigan in the amount of $20,161.00 for a Cummins/Onan 50DGCA standby
generator meets City's specifications and is acceptable; and
WHEREAS, funding is available in capital expenditure account 590-9120-912.97-65
and is therefore the recommendation of staff that the low complaint bid in the
amount of $20,161.00 for the purchase of a standby generator be accepted and a
purchase order be issued in that amount to Bridgeway Power; and
WHEREAS, the installation of the standby generator at the
RESOLVED, that the low compliant bid submitted by Bridgeway Power of New
Hudson, Michigan in the amount of $20,161.00 is hereby accepted and issuance of
a purchase order is authorized. (Motion
ADOPTED.)
TANDEM AXLE
HOOK-LIFT TRUCK - LANDFILL
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of one tandem axle hook-lift truck with heavy duty containers, Bid No. 2833; and
WHEREAS, funding for the truck is included in the 2004-05 Landfill Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bell Equipment Company, of Lake Orion, Michigan in the net amount of $135,706.00 for the purchase of one tandem axle hook-lift truck with three heavy duty containers, in accordance with the proposal and city specifications. (Motion ADOPTED.)
SARA ASSESSMENT
DISTRICT
The following resolution was offered by Councilman Myers and seconded
by Councilman Johnson:
WHEREAS, the City
Manager has presented his report to the City Council presenting certain
information regarding the 2005 Downtown Economic Revitalization Public
Improvement Program in the City of Midland in conformance with provisions of
Chapter 20 of the Code of Ordinances of the City of Midland; and
WHEREAS, the City Council has reviewed said
report in order to decide the cost, extent and necessity of the proposed
improvement program; and
WHEREAS, the Council finds and determines
that said improvements, as before listed, appear to be necessary public
improvements conducive to the general health, convenience and welfare of the
people of the City of Midland and that the estimated period of usefulness of
said improvements is two (2) years; and
WHEREAS, said public improvements shall
constitute one special assessment district to be known as:
“2005 DOWNTOWN
ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”
which is hereby established and that said
district comprises the following described lands and premises:
That area located
in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17, the Northwest
¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West Main
Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the
Tittabawassee River, the “Tridge”, and all lands within 100 feet of the
structure, the Tittabawassee River, and Isabella Street (M-20) excepting the
Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35,
Carpenter and Hines Addition, all within the City of Midland, Midland County,
Michigan.
; and
WHEREAS, the proposed improvements and work
to be done thereunder in said Special Assessment District shall consist of
advertising, promotions and events, Christmas decoration rental and
contributions toward salary and miscellaneous expenses for the Downtown
Director’s office to assist in the revitalization program, and that the total
estimated cost and expense thereof is seventy-two thousand dollars
($72,000.00); and
WHEREAS, the proportion of the cost and
expense of said improvements to be borne and paid for by the City at large,
County, and/or DDA shall be zero ($0) and that all other costs and expenses of
said revitalization program amounting to seventy-two thousand dollars
($72,000.00) shall be borne and paid by special assessments on all lands and
premises in said Special Assessment District as established above, in
proportion to the estimated benefits resulting thereto from the improvement,
determined as near as practicable on a front foot basis; now therefore
RESOLVED, that the report concerning said
improvements is hereby adopted and shall be placed on file in the office of the
City Clerk, and the same shall be available for public inspection during
regular business hours; and that the City Council will meet in the City Hall,
333 W. Ellsworth, on Monday, April 11, 2005, at 7:00 p.m., to hear any
objections or suggestions regarding the proposed improvements; and
RESOLVED FURTHER, that the City Clerk shall
give notice of said hearing of necessity by causing a notice of this resolution
to be published once in the Midland Daily News at least one week prior to said
hearing date, and that the City Clerk shall also give notice of said hearing
date to each property owner subject to special assessment by reason of said
improvement, the addresses of said property owners to be taken from the latest
tax assessment roll in the City Assessor’s office in accordance with Act 162 of
Public Acts of Michigan 1962. (Motion
ADOPTED.)
Being no further business the meeting adjourned at 10:38 p.m.
______________________________________
Selina Tisdale, City