June 13, 2005
A regular meeting of the City Council was held on Monday, June 13, 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 |
Approval of the minutes of the May 23, 2005 special and regular and June 1, 2005 special meetings was offered by Councilman Myers and seconded by Councilman McKeag. (Motion ADOPTED.)
Some agenda items were taken out of order at the pleasure of the Mayor. The original order of the agenda has been retained for ease of information retrieval.
AMATEUR RADIO
WEEK
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation designating the week of June 19-26, 2005, as Amateur Radio Week in
Midland. (Motion ADOPTED.)
ZONING PETITION NO. 519
Assistant City Manager Jon Lynch introduced Zoning Petition No. 519 to rezone property at 31 Cheryl Drive from Township Zoning to Residential A-1. A public hearing opened at 7:07 p.m., recognizing no public comments, the hearing closed at 7:07 p.m. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1601
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE A RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY
EXISTS.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
HOMER TOWNSHIP, MIDLAND
COUNTY, MICHIGAN T14N R1E LOT 15 STARK’S SUBDIVISION.
be, and the
same is hereby changed to Residential A-1.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Ordinance ADOPTED.)
ZONING PETITION NO. 521
Assistant City Manager Jon Lynch introduced Zoning Petition No. 521 to rezone property at 221 W. Wackerly Street from Office Service to Community Commercial. A public hearing opened at 7:30 p.m. Sheila Messler spoke on behalf of the petitioner Bennett Construction in support of the rezoning request. Kim Krantz, owner of Coffee Chaos, 6201 Jefferson Avenue, spoke in support of the rezoning. Dr. Jeffrey DuLude, 314 Northgate Drive, spoke in opposition to the rezoning. Dr. Chris Jones, Northgate Drive, spoke in opposition to the rezoning. Richard Fosgitt, Bartow and King Engineers, spoke on behalf of the development and clarified information pertaining to the retention pond and the grading of the current site. The public hearing closed at 8:11 p.m. The following ordinance amendment was offered by Councilman Johnson and seconded by Councilman McKeag:
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE A COMMUNITY COMMERCIAL ZONING WHERE A OFFICE SERVICE ZONING DISTRICT
PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
Part of
the northeast ¼ of the northeast ¼ of Section 4, T14N R2E, City of Midland,
Midland County, Michigan described as commencing North 89 degrees 46 minutes 07
seconds West 648.35 feet along the north section line, and South 00 degrees 35
minutes 07 seconds East 40.00 feet from the Northeast section corner to the
Point of Beginning, thence South 00 degrees 35 minutes 07 seconds East 224.10
feet, thence South 89 degrees 46 minutes 07 seconds East 165.00 feet, thence
North 00 degrees 35 minutes 07 seconds West 224.10 feet, thence North 89 degrees
46 minutes 07 seconds West 165.00 feet parallel to and 40 feet south of the
North section line to the Point of Beginning.
be, and the
same is hereby changed to Community Commercial.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Ordinance DENIED. Yeas:
Rokosz, Myers Nays: Black, McKeag, Johnson)
VACATION OF E. ELLSWORTH & LYON ST (DOW
CHEMICAL CO)
Assistant City Manager Jon Lynch introduced a request from The Dow Chemical Company to vacate E. Ellsworth Street from Haley Street to Third Street and to vacate Lyon Street from E. Ellsworth Street to Buttles Street. A public hearing opened at 8:35 p.m. Mike Babcock, representing The Dow Chemical Company, spoke in favor of the vacation. The hearing closed at 8:36 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, the Midland City Council, acting upon the request of the Dow Chemical Company, Michigan Operations for vacation of East Ellsworth Street from Haley Street to Third Street, vacation of Lyon Street from East Ellsworth Street to Buttles Street and vacation of Patrick Street from East Ellsworth Street to Buttles Street 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
RESOLVED, that the Midland City
Council deems it advisable to consider the vacation of East Ellsworth Street from Haley Street to Third Street and vacation of
Lyon Street from East Ellsworth Street to Buttles Street; and
RESOLVED FURTHER that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer. (Motion ADOPTED.)
2004-05 MAJOR STREET FUND BUDGET AMENDMENT
City Engineer Brian McManus presented an amendment to increase expenditures by $100,000 in the 2004-05 Major Street Fund budget to provide additional funding for the Ashman Street Reconstruction project. A public hearing opened at 8:40 p.m., recognizing no public comments, the hearing closed at 8:40 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, 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, June 13, 2005 on the proposal to amend the Major Street Fund’s 2004-05 budget to increase expenditures to provide additional funding in the amount of $100,000 for the Ashman Street project; and
WHEREAS, funding for this expenditure will come from the Major Street Fund Balance; now therefore
RESOLVED, that the 2004-05 budget of the Major Street Fund be amended to increase expenditures by $100,000 for the Ashman Street project. (Motion ADOPTED.)
2004-05 PROPOSED BUDGET AMENDMENTS
Police Chief James St. Louis presented information regarding three amendments to the 2004-05 General Fund budget to recognize grants from the Michigan State Police Office of Highway Safety Planning for the Summer Enforcement campaign, the creation of the Traffic Enforcement Association of Michigan and the purchase of traffic accident investigation equipment. A public hearing on all three amendments was opened at 8:45 p.m., recognizing no public comments, the hearing closed at 8:45 p.m. The following three resolutions were then presented for consideration.
2004-05 BUDGET AMENDMENT (SUMMER
ENFORCEMENT)
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and having given proper notice, and having conducted a public hearing on Monday, June 13, 2005 on the proposal to amend the 2004-05 General Fund Budget to recognize the receiving of a grant from the Office of Highway Safety Planning in the amount of $44,760.00 for the purpose of reimbursing the overtime wages for the officers of the Midland Police Department and Midland County Office of the Sheriff during the “Summer Enforcement” campaign involving seatbelt and alcohol driving violation enforcement; now therefore
RESOLVED, that the 2004-05 General Fund Budget is hereby amended to increase revenue by $44,760.00 to recognize the grant received from the Office of Highway Safety Planning and to increase expenditures by $44,760.00 to recognize the expenses related to the holiday seat belt enforcement project. (Motion ADOPTED.)
2004-05 BUDGET AMENDMENT (TRAFFIC
ENFORCEMENT)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and having given proper notice, and having conducted a public hearing on Monday, June 13, 2005 on the proposal to amend the 2004-05 General Fund Budget to recognize the receiving of a grant from the Office of Highway Safety Planning in the amount of $25,000.00 for the purpose of creating and organizing the “Traffic Enforcement Association of Michigan;” now therefore
RESOLVED, that the 2004-05 General Fund Budget is hereby amended to increase revenue by $25,000.00 to recognize the grant received from the Office of Highway Safety Planning and to increase expenditures by $25,000.00 to recognize the expenses related to the creation and organizing of the “Traffic Enforcement Association of Michigan”. (Motion ADOPTED.)
2004-05 BUDGET AMENDMENT (MACP AWARD)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and having given proper notice, and having conducted a public hearing on Monday, June 13, 2005 on the proposal to amend the 2004-05 General Fund Budget to recognize the receiving of a “MACP Award Grant” from the Office of Highway Safety Planning in the amount of $1,000.00 for the purpose of purchasing traffic accident investigation equipment; now therefore
RESOLVED, that the 2004-05 General Fund Budget is hereby amended to increase revenue by $1,000.00 to recognize the “MACP Award Grant” received from the Office of Highway Safety Planning and to increase expenditures by $1,000.00 to recognize the expenses related to the purchase of traffic accident investigation equipment. (Motion ADOPTED.)
PUBLIC COMMENTS
No public comments were made.
SEWER RATE ORDINANCE AMENDMENT (first
reading)
Utilities Director Noel Bush presented information on the first reading of ordinance amending the City of Midland sewer rates. Introduction and first reading of the following ordinance amending the City of Midland sewer rates was then offered by Councilman McKeag and seconded by Councilman Johnson:
ORDINANCE NO.
_______
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,
CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE
III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1.
Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of
Ordinances is hereby amended to read as follows:
Sec. 28-163. Amount
of sewer charge.
The city's methodology of adjusting sewer
rates shall be in accordance with the cost of service water and sewer rate
study prepared by the city’s consultant, presented to and approved by the
council in 1993 and shall be in conformity with the findings set forth in
Section 28-4 of this chapter.
The charges for sewer service
shall be calculated according to the following schedule:
(1)
There
shall be a readiness-to-serve charge per quarter on each metered water service
as follows:
|
Metered Service |
|
AMOUNT |
|
5/8" – ¾" |
|
$32.14 |
|
1" |
|
41.78 |
|
1 – ½" |
|
51.42 |
|
2" |
|
83.56 |
|
3" |
|
321.40 |
|
4" |
|
417.82 |
|
6" |
|
610.66 |
|
8" |
|
867.78 |
(2)
In
addition to the readiness-to-serve charge set forth in subsection (1) of this
section, there will be an additional charge for sewer service, which will be
calculated as follows:
For each 1,000 gallons of water
used per quarter: $1.44 $1.57
However, bills for sewer services for two (2)
summer quarters for domestic customers, schools and churches shall be based on
the average consumption during two (2) winter quarters. In cases where there is
no previous consumption upon which to base bills for sewer services in the
summer quarters, twenty-five thousand (25,000) gallons or actual consumption,
whichever is the least, shall be used.
Section 2. This
ordinance shall take effect upon publication.
(Motion ADOPTED. Considered first
reading.)
CONDITIONAL USE PERMIT NO. 15
Assistant City Manager Jon Lynch reviewed Conditional Use Permit No. 15 for a commercial parking lot at 425 Waldo Avenue. This item was tabled at the May 23, 2005 City Council meeting. Mr. Lynch presented a revised site plan as provided by the petitioner. Richard Fosgitt, from Bartow and King Engineers, commented in support of the revised plan. Mike Misze, 419 Waldo Avenue, spoke in support of the revised 28 foot setback revision but commented that he would like to see the berm and southern-most rows of Blue Spruce trees removed and a fence constructed. Mr. Misze also commented on the intrusion of the outdoor grilling and shared concerns about the hours of parking lot use. Rhonda Stoll, 3128 Bay City Road, encouraged City Council to look at the greater neighborhood when considering this decision. John Rapanos, Midland, spoke on behalf of the petitioner noting that he intends for the berm to remain but would agree to removing the southern-most line of trees and constructing a fence. Councilman Rokosz moved seconded by Councilman Myers to remove Conditional Use Permit No. 15 from the table. (Motion ADOPTED.) The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:
WHEREAS, Richard Fosgitt of Bartow & King
Engineers on behalf of Judith Ann Rapanos has submitted a request for a conditional
use permit review and approval for a
commercial parking lot at 425 Waldo Avenue; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the Planning Commission has
submitted its recommendation of approval with contingencies, in accord with
Section 28.02(B) of the Zoning Ordinance of the City of
WHEREAS, the City Council tabled action on the
recommended plan during its meeting of May 23rd and has received and
reviewed a revised site plan; now therefore
RESOLVED, that the City Council finds the
request for the conditional use permit to be in accord with Section 28.03 of
the Zoning Ordinance of the City of Midland, and hereby approves Conditional
Use Permit No. 15, in accord with documents received
1. Parking
space 28 is eliminated if recommended by the Fire Department.
2. A
storm water retention plan is approved by the Engineering Department.
3. Remove
existing row of trees adjacent to the south property line.
4. Install
30’ of 6-8’ high fence along south property line, screening the adjoining
house.
5. No grilling
in the new parking lot.
(Motion ADOPTED.)
COUNTRYSIDE ESTATES PHASE TWO – PRELIMINARY
PLAT TIME EXTENSION
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City Council has received a request from Keith L. Schroeder, President of Schroeder Builders, Inc. requesting a two year extension approval for the Final Approval of the Preliminary Plat of Countryside Estates Phase Two; and
WHEREAS, Final
Approval of the Preliminary Plat expired
WHEREAS, the City Council has reviewed the request for the time extension of the Final Approval of the Preliminary Plat of Countryside Estates Phase Two; now therefore
RESOLVED, that the City Council does hereby approve a two-year time extension until May 12, 2007, for the Final Approval of the Preliminary Plat of Countryside Estates Phase Two. (Motion ADOPTED.)
SALE OF HOUSE AT 322 E. HALEY – PURCHASE
AGMT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City of Midland
desires to enter into a contract for the sale of a house at 322 E. Haley Street
in the City of
WHEREAS, an agreement to purchase said property, dated May 17, 2005, was submitted by Beth R. Sieggreen, in the amount of $47,000.00; and
WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; now therefore
RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and
RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER S-05-02
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No. S-05-02 filed April 4, 2005
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That Merlin Court shall stop for Northgate
Drive.
is hereby made permanent. (Motion
ADOPTED.)
TRAFFIC CONTROL ORDER S-05-03
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
S-05-03 filed April 4, 2005 pursuant to Chapter 24 of the Code of Ordinances to
establish traffic control as follows:
That Dover Court
shall stop for Northgate Drive.
is hereby made permanent. (Motion ADOPTED.)
LOCAL BRIDGE PROGRAM FUNDING APPLICATION
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the Michigan Department of Transportation is soliciting
applications for rehabilitation projects within the Local Bridge Program; and
WHEREAS, Airport Road over Sturgeon Creek meets criteria for Federal
and State bridge rehabilitation funding; and
WHEREAS, Selected projects will be funded during the State 2007/8 and
2008/9 fiscal years; and
WHEREAS, the State requires signed and dated approval from the
governing board supporting the project before considering bridge rehabilitation
funding; and
WHEREAS, City Council has reviewed the 2005 Application for Local
Bridge Funding; now therefore
RESOLVED, that the City Council actively seek Local Bridge Federal and
State participation in the structural rehabilitation of Airport Road over
Sturgeon Creek. (Motion ADOPTED.)
2005-06 PROPERTY AND LIABILITY INSURANCE
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 various
insurance requirements of the City of Midland for its fiscal year beginning
July 1, 2005; and
WHEREAS, funding for these purchases is provided in the 2005-06 budgets
of the General Fund and other funds; now therefore
RESOLVED, that the proposal submitted by the Meadowbrook Insurance
Group, and the Michigan Municipal League Liability and Property Pool for
property and liability insurance in the amount of $632,284 is hereby accepted
as being the most favorable to the City of Midland. (Motion ADOPTED.)
2004 ANNUAL DRINKING WATER QUALITY REPORT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the 2004 Annual Drinking Water
Quality Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)
2005-06 SAG-MID MUNICIPAL WATER SUPPLY
BUDGET (Capital Imp & Emergency Repair)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the Saginaw-Midland Municipal
Water Supply Corporation 2005/06 Fiscal Year Budget for the Capital Improvement
and Emergency Repair Fund in the amount of $108,000.00 is approved by the
Midland City Council. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOTPED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2005 tax roll, Special Assessments in the various amounts as indicated herein:
1994 Street Improvement $ 3,144.48
1996 Street Improvement 4,858.35
2001 Street Improvement 5,310.05
2002 Street Improvement 24,373.70
Subtotal Street Improvement Rolls $ 37,686.58
1994 Sanitary Sewer Improvement $ 1,614.51
1996 Sanitary Sewer Improvement 2,701.09 1998 Sanitary Sewer Improvement 1,828.21
2001 Sanitary Sewer Improvement 937.67
2002 Sanitary Sewer Improvement 25,222.98
2003 Sanitary Sewer Improvement 20,069.60
Subtotal Sanitary Sewer
Improvement Rolls $ 52,374.06
1995 Water Main Improvement $ 1,051.96
1998 Water Main Improvement 20,682.80
2002 Water Main Improvement 23,222.10
Subtotal Water Main
Improvement Rolls $ 44,956.86
2000 Sidewalk Improvement 1,309.31
2001 Sidewalk Improvement 1,728.90
2004 Sidewalk Improvement 7,185.30
Subtotal Sidewalk
Improvement Rolls $ 10,223.51
2005 Downtown
Economic Revitalization Roll (SARA) $ 36,005.00
Accounts Receivable Roll $ 26,563.43
TOTAL SPECIAL ASSESSMENT ROLL $ 207,809.44
and
RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2005 General Fund Tax Roll Accounts Receivable. (Motion ADOPTED.)
PARKS & REC COMMISSION – RESIGNATION
AND APPT
Mayor Black led a discussion regarding the acceptance of Rob Donovan’s resignation from the Parks and Recreation Commission and the appointment of Paula Jurado, a candidate recently interviewed by City Council for a different Parks and Recreation Commission vacancy. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that Midland City Council hereby accepts the resignation of Robert Donovan from the Parks and Recreation Commission; and
RESOLVED FURTHER, that Paula Jurado is hereby appointed to fill the citizen-at-large position on the Parks and Recreation Commission for a term expiring June 30, 2006. (Motion ADOPTED.)
SIDEWALK CONSTRUCTION AGREEMENT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on May 9, 2005, City Council granted property owners in the
2005 Sidewalk Improvement Program the option of installing their own sidewalks
upon submission of a legal agreement acceptable to the City Attorney; and
WHEREAS, the City Attorney has prepared a Sidewalk Construction
Agreement to be used for said purpose and which states that the sidewalk must
be constructed by no later than July 31, 2005; and
WHEREAS, the City Engineering Department has received one (1) Sidewalk
Construction Agreement from a property owner desiring to install their own walk
which is listed below:
|
PARCEL CODE |
OWNER |
|
|
14-24-60-010 |
DAVID C. BRADLEY |
|
; now therefore
RESOLVED, that the Mayor and City Clerk are authorized to sign the
Sidewalk Construction Agreement prepared by the City Attorney for parcels in
the 2005 Sidewalk Improvement Program.
(Motion ADOPTED.)
MICHITARIO FIREWORKS DISPLAY
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the request of the MichiTario Committee to conduct a fireworks display on Saturday, July 9, 2005, at dusk in Chippewassee Park, is hereby approved subject to meeting the following requirements:
;and
RESOLVED FURTHER, that future
requests may be approved by the
YOUTH ARTISTS MARKET
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the
; and
RESOLVED FURTHER, that the
GOLD WING ROAD RIDERS ASSOCIATION FIREWORKS
DISPLAY
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the request of the Gold Wing Road Riders Association to conduct a fireworks display on Saturday, August 6, 2005, with a rain date of August 7, at dusk at the Midland County Fairgrounds, is hereby approved subject to meeting the following requirements:
;and
RESOLVED FURTHER, that future
requests may be approved by the
AIRPORT ROAD EXTENSION PROJECT – LAND
PURCHASE
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, a report has been received from the
City Engineer indicating that the right of way purchasing agent for the Airport
Road Extension Project has executed a purchase agreement with Carl and Joyce
Link for land purchase; and
WHEREAS, the City of Midland and the
WHEREAS, the City of Midland is responsible
for land acquisition costs in accordance with said agreement; now
therefore
RESOLVED,
that the City
AIRPORT ROAD EXTENSION PROJECT – CONTRACTED
LEGAL SERVICES
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on September 29, 2003
WHEREAS, on February 21, 2005
WHEREAS, the cost of continuing said services is expected to exceed the
previously approved amount and therefore approval of the
WHEREAS, sufficient budgetary funding exists within the 2004-2005 and
2005-2006 Major Street Fund Budgets; now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to Miller, Canfield, Paddock & Stone,
PLC for contracted legal services in connection with the aforementioned matter
is hereby authorized in an amount not to exceed $100,000. (Motion ADOPTED.)
LEGAL SERVICES – CABLE FRANCHISE FEE
LAWSUIT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in November 2003 a class action lawsuit was filed by several
Michigan residents against twelve (12) municipalities, including the City of
Midland; and
WHEREAS, the law firm of Kitch, Drutchas, Wagner, DeNardis &
Valitutti has been retained in assisting the City of Midland, and several other
municipalities, in their defense of said lawsuit; and
WHEREAS, on October 25, 2004, the
WHEREAS, the cost of continuing said services
is expected to exceed the previously approved amount and therefore approval of
the City Council is required under Section 2-18 of the Code of Ordinances; and
WHEREAS, sufficient budgetary funding exists within 2004-2005 and
2005-2006 Cable Communications Fund Budgets; now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to the law firm of Kitch, Drutchas,
Wagner, DeNardis & Valitutti for its legal assistance in connection with
the aforementioned lawsuit is hereby authorized in a total amount not to exceed
$60,000. (Motion ADOPTED.)
POLICE OFFICERS LABOR COUNCIL/MIDLAND
POLICE COMMAND GROUP CONTRACT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the Mayor and City Clerk are hereby authorized to execute
the final contract document between the City of Midland and the
RESOLVED FURTHER, that the Director of Fiscal Services is hereby
authorized to make appropriate transfers and modifications in the budget to
implement the wage and benefits changes identified in the contract. (Motion ADOPTED.)
SENIOR HOUSING HEALTH CARE SERVICES
CONTRACT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, this bid was previously awarded to Seasons Change as low bidder on February 21, 2005, but Seasons Change was not able to fulfill the terms of the contract during the first six weeks of the contract period, thereby resulting in a termination of said contract between the City of Midland and Seasons Change; and
WHEREAS, the bid specifications
are for a three (3) year period beginning May 20, 2005 during which the cost is
adjusted annually no more than by the CPI percentage for Medical
WHEREAS, the Senior Housing
facilities would like to enter into a contract with HEARTLAND HOME HEALTH CARE,
401 Center Avenue, Bay City, Michigan, to provide optional services to the
regular residents of
WHEREAS, Heartland Home Health
WHEREAS, the Senior Housing residents will pay for these services on a User Fee basis; and
WHEREAS, a contract has been
reviewed by the City Attorney and Heartland Home Health
RESOLVED, that the previous award
to Seasons Change be canceled and that the proposal of Heartland Home Health
RESOLVED FURTHER, that the Mayor and City Clerk are authorized to sign the contract drafted and approved by the City Attorney in accord with the proposal and the City’s specifications. (Motion ADOPTED.)
ANNUAL PURCHASE OF CALCIUM OXIDE
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals -
Calcium Oxide, Bid No. 2851, for the period of one year beginning July 1, 2005,
have been advertised and received in accord with Section 2-18 of the Midland
Code of Ordinances; and
WHEREAS, sufficient funds have been budgeted in the 2005/06 Water Fund,
account #591-8162-811.76-56 - Chemicals; now therefore
RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of
Pittsburgh, PA for the indicated price per ton of $115.25 for up to 1,250 tons per year, at a
total contract amount not to exceed $144,062.50, is hereby accepted and a
purchase order is authorized. (Motion
ADOPTED.)
ANNUAL PURCHASE OF FERRIC CHLORIDE
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals -
Ferric Chloride, Bid No. 2851, for the period of one year beginning July 1,
2005, have been advertised and received in accord with Section 2-18 of the
Midland Code of Ordinances; and
WHEREAS, sufficient funds have been provided in the 2005/06 budgets for
the Water Fund account #591-8162-811.76-56 - Chemicals and in the Wastewater
Fund account #590-8144-811.76-56 - Chemicals.; now therefore
RESOLVED, that the low sealed proposal submitted by PVS Technologies of
Detroit, Michigan for the indicated price per ton of $257.36 for up to 500 tons (250 each for the
Water and Wastewater Treatment Plans), at a total aggregate contract amount not
to exceed $128,680.00, is hereby accepted and purchase orders are authorized. (Motion ADOPTED.)
MECHANICAL JOINT FITTINGS PURCHASE
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed bids for Bid No. 2852, Mechanical Joint Fittings, have
been advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS, the lowest total bid received from Municipal Supply Company is
not being recommended because the majority of the items contained “no bid”, and
none of the items that were bid from this vendor were lower than those
submitted by all other vendors; and
WHEREAS, the City will realize a savings of approximately $2,900.00 by
dividing the award between Etna Supply and Municipal Supply; and
WHEREAS, funds are available in the Water Fund Inventory Account; now
therefore
RESOLVED, that purchase orders are hereby authorized to Etna Supply
Company ($25,143.30), and Municipal Supply ($24,265.58), for an aggregate
amount not to exceed $49,408.88; and
RESOLVED FURTHER, that the City
RUBBER TIRE
EXCAVATOR PURCHASE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
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 a
Rubber Tire Excavator, Bid No. 2854; and
WHEREAS, funding for the new excavator 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 Michigan Cat of Saginaw, Michigan in the net amount of $129,465.00 for
the purchase of a rubber tire excavator,
including trade-in of city equipment number 6-27, in accordance with the
proposal and city specifications.
(Motion ADOPTED.)
ARTICULATED
SWEEPER PURCHASE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
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
an Articulated Sweeper, Bid No. 2858; and
WHEREAS, funding for the new sweeper 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 Bell Equipment of Lake Orion, Michigan in the net amount of $62,065.00
for the purchase of an articulated sweeper, including trade-in of city
equipment number 4-42, in accordance with the proposal and city specifications. (Motion ADOPTED.)
CONDITIONAL USE
PERMIT NO. 16
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, Richard Connor Riley &
Associates has submitted a request for a conditional use permit review and
approval for construction of a wireless communications facility at Central
Middle School property located at 305 East Reardon Street; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, June 27, 2005, at
7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the request for a conditional use permit; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to notify property owners and occupants within three hundred (300)
feet of the area proposed by transmitting notice on June 17, 2005 and to
publish said notice on June 18, 2005.
(Motion ADOPTED.)
CONDITIONAL USE
PERMIT NO. 17
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, Richard Connor Riley &
Associates has submitted a request for a conditional use permit review and
approval for construction of a wireless communications facility at Northeast
Middle School property located at 1305 East Sugnet Road; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the Planning Commission has
submitted its recommendation of approval, in accord with Section 28.02(B) of
the Zoning Ordinance of the City of
1. The
entire access surface is made of the geo-grid system.
2. Surface
access to the facility capable of supporting a 60,000 lb. fire apparatus is
provided.
3. The
pole is placed at least 120’ from adjoining residentially zoned properties.
;now therefore
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, June 27, 2005, at
7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the request for a conditional use permit; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to notify property owners and occupants within three hundred (300)
feet of the area proposed by transmitting notice on June 17, 2005 and to
publish said notice on June 18, 2005.
(Motion ADOPTED.)
APOTHECARY SHOPPE
PHARMACIES, LLC – INDUSTRIAL DEVELOPMENT DISTRICT
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, The Apothecary Shoppe Pharmacies,
LLC (Kevin Roeder, RPH, the business owner) by means of a letter signed by said
party and Antrium Square Properties, LLC (Robert C. Hunt, the property owner),
dated April 19, 2005, which was received by the City Clerk on April 25, 2005,
has requested the establishment of an Industrial Development District as
described in said communication under the scope of Act 198 of the Michigan
Public Acts of the State of Michigan of 1974, as amended; and
WHEREAS, the
decision on whether to establish such a district as a condition precedent to
industrial development assistance through property tax incentives rests with
the City Council acting in accord with the criteria and procedures contained in
Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended;
and
WHEREAS, prior to such action by the City
Council, a public hearing shall have been held as required by Section 4(4) of
said Act; now therefore
RESOLVED, that a public hearing will be held
before the City Council on June 27, 2005 at 7:00 p.m. in the Council Chambers
at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or
taxpayer, including the petitioner, regarding the establishment of an
Industrial Development District as described in records on file with the City
Clerk, and the City Clerk shall give written notice by certified mail to the
owners of all real property within the proposed Industrial Development
District. (Motion ADOPTED.)
2005 SIDEWALK
IMPROVEMENT SPECIAL ASSESSMENT ROLL
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, pursuant to the direction of the City Council, the City
Assessor of said City of Midland has prepared and reported to the City Council
the Assessment Roll covering and containing the proposed Special Assessments
assessed and levied, respectively in the “2005 SIDEWALK IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk
Improvement in said district, as designated in Resolutions heretofore adopted
by the City Council; now therefore
RESOLVED, that the said Roll be accepted by the City Council and that
it be filed in the office of the City Clerk for public examination, and that
the City Clerk be and is hereby directed to give notice pursuant to the
Ordinance that the Assessment Roll has been made and filed in the office of the
City Clerk for public examination and that the City Council of the City of
Midland will meet at the Council Chambers in the City Hall in said City at 7:00
p.m., on the eleventh day of July, 2005 to review said Special Assessment Roll
at which time and place, opportunity will be given to all persons interested to
be heard; and
RESOLVED FURTHER, that the City Clerk give notice of said hearing by
causing a copy of this Resolution to be published once in the Midland Daily
News at least ten days prior the date of the eleventh day of July, 2005, and
that the City Clerk also give notice of said hearing by letter 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 the Public
Acts of Michigan of 1962. (Motion
adopted.)
CLOSED SESSION
Mayor Black announced City Council will be adjourning to a closed
session to discuss pending litigation regarding the Midland Cogeneration
Venture vs. City of Midland. Mayor Black
requested that he be allowed to abstain from voting on this item. Council unanimously agreed to the
abstention. The following resolution was
then offered by Councilman Johnson and seconded by Councilman Myers:
RESOLVED, that in accord with
Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of
1976, as amended, and upon adoption of this resolution by at least four
affirmative votes of the
Being no further business the meeting adjourned to a closed session at
10:05 p.m.
______________________________________
Selina Tisdale, City