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.

 

Councilmen present:

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

Councilmen absent:

None

 

Councilman Johnson requested items 9 and 15a be removed from the consent agenda.

 

MINUTES

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

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

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, 8am-2pm)                        $  125.00    per hour

        (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:

Currie East Municipal Golf Course

 

9-hole rate

 

 

     Regular weekday

$11.00  per play

 

     Regular weekend

$12.00  per play

 

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

$  7.50  per play

 

18-hole rate

 

 

     Regular weekday

$19.00  per play

 

     Regular weekend

$22.00  per play

 

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

$12.00  per play

 

Twilight golf rate

 

 

(after 6:00 p.m. before Memorial Day & after Labor Day)

$7.00   per play

 

(after 7:00 p.m. June – August)

 

 

Winter rate

 

 

(November 1 – March 1)

$5.00   per play

            

Lunch Time Special  (5-hole: 11:00 a.m. – 1.00 p.m. M-Th)

$7.00   per play

 


 

Currie West Municipal Golf Course

 

9-hole rate

 

 

     Regular weekday

$13.00  per play

 

     Regular weekend

$17.00  per play

            

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

$  9.00  per play

 

18-hole rate

 

 

     Regular weekday

$21.00  per play          

 

     Regular weekend

$29.00  per play

            

     Weekend after 2:00 p.m.

$23.00  per play

 

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

$14.50  per play

 

Twilight golf rate

 

 

(after 6:00 p.m. before Memorial Day & after Labor Day)

$8.50   per play

 

(after 7:00 p.m. June – August)

 

 

Winter rate

 

 

(November 1 – March 1)

$5.00   per play

            

Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th)

$7.00   per play

 

                          Par Three Course

 

 

Regular Par 3

$6.00   per play

 

Senior & Youth Par 3

$4.00   per play

 

Currie East and Currie West Municipal Golf Courses

20 play pass (9-hole), Weekday only

$210.00    per pass

 

Unlimited play

 

 

     Single season pass

$  665.00  per pass

 

     Double season pass

$1065.00  per pass

 

Restricted play (unlimited East Course play, weekdays and after 2:00 p.m. weekends on West Course)

 

 

     Single season pass

$600.00    per pass

 

     Double season pass

$960.00    per pass

 

Senior & Youth unlimited play

 

 

     Single season pass

$585.00    per pass

 

     Double season pass

$935.00    per pass

 

Senior & Youth restricted play  (unlimited East Course play, weekdays and after 2:00 p.m. weekends on West Course)

 

 

     Single season pass

$525.00    per pass

 

     Double season pass

$840.00    per pass

 

Senior & Youth limited play (9 holes weekdays before 3:00 p.m. with differential for non-discounted times)

 

 

     Single season pass

$390.00    per pass

 

     Double season pass

$625.00    per pass

 

Family pass – additional family member from same household

$360.00    per pass

                

Trail Fee (private carts when owner or member of immediate family is present)

 

 

     Season pass

$220.00

 

     Daily pass

$    5.00

 

Differential rates for Senior & Youth limited pass

Currie East Municipal Golf Course

9 hole rate

 

 

     Weekday

$3.50     per play

 

     Weekend

$4.50     per play

 


 

18 hole rate

 

 

     Weekday

$7.00     per play

 

     Weekend

$10.00   per play

 

Currie West Municipal Golf Course

9 hole rate

 

 

     Weekday

$4.00    per play

               

     Weekend

$8.00    per play

 

18 hole rate

 

 

     Weekday

$ 6.50   per play

 

     Weekend

$14.50  per play

 

Note:  Season Pass rates will remain in effect for 2006 season if purchased before               

           December 31, 2005.

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 Manager to reduce these fees on a discretionary basis for golf outings having a minimum of 40 golfers and to adjust fees in April and after September 19 if appropriate.

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

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

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 City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2005 for three (3) year terms ending June 30, 2008

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 Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

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 Manager is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 2005 to September 30, 2006.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 


“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:

 

  • Fire safety precautions must be taken and suppression equipment must be on hand.
  • A Certificate of Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland listed as certificate holder and additional insured, must be submitted to the City Manager’s Office no later than five days prior to the event.

(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:

  • All walkers shall stay on the Rail Trail and obey all traffic laws and traffic control devices.
  • Contact John Wegner, 837-3390, to obtain permits for banners.
  • A Certificate of Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland listed as certificate holder and additional insured, must be submitted to the City Manager’s Office no later than five days prior to the event; and

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 Finance Department budget of the General Fund; now therefore

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 Manager, Karl S. Tomion and City Clerk, Selina Tisdale or designee, are authorized to sign said maintenance contract.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the State Trunkline Maintenance Contract packet.  (Motion ADOPTED.)

 


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 State Street sanitary pump station will be conducted by Wastewater staff; now therefore

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 Clerk