June 27, 2005
A regular meeting of the City Council was held on Monday, June 27, 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, James Myers, Joseph Rokosz |
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Councilmen absent: |
Hollis McKeag |
Approval of the minutes of the June 13, 2005 regular meeting was offered by Councilman Myers and seconded by Councilman Rokosz. (Motion ADOPTED.)
SAFETY LEADERSHIP AWARD
Human Resources Director Paula Whittington introduced Karen Murphy as the ninth annual recipient of the City Manager’s Safety Leadership Award. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:
IN RECOGNITION
WHEREAS, the City Manager has established
the Safety Leadership Award to annually recognize a City employee or employee
group for exceptional efforts and achievements in promoting safety for City of
Midland employees; and
WHEREAS, this award is dedicated to the
memory of Ted Wejrowski, who lost his life working as an employee of the City
of Midland; and
WHEREAS, the City of Midland Employee Health
and Safety Action Committee has selected Karen Murphy, of the Department of
Public Services, as the ninth annual recipient of this award due to her
significant and ongoing contributions to City and Department of Public Services
safety programs; and
WHEREAS, the City
Manager, Karl Tomion, presented the award to Karen at an Employee Health and
Safety Action Committee awards meeting in April; now therefore
RESOLVED, that the Midland City Council
acknowledges the exceptional contributions that Karen Murphy has made to the
City and Department of Public Services safety programs and congratulates her
for being the ninth annual recipient of the award. (Motion ADOPTED.)
2005 MIDYEAR SAFETY PROGRESS REPORT
Safety and Health Manager Gussie Peterson presented the 2005 midyear safety progress report. The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the attached status report on
the City safety program is hereby accepted and ordered placed on file in the
Office of the City Clerk. (Motion
ADOPTED.)
CONDITIONAL USE
PERMIT NO. 16 AND 17
Assistant City Manager Jon Lynch presented a report on Conditional Use Permit No. 16 and 17. A public hearing opened on both Conditional Use Permit No. 16 and 17 at 7:48 p.m. Steve France, on behalf of Cingular Wireless described their request for the conditional use permits to construct a wireless communications facility at Central Middle School property located at 305 East Reardon Street and at Northeast Middle School located at 1305 East Sugnet Road in partnership with the Midland Public Schools. Doug Fillmore, Director of Facilities and Operations for Midland Public Schools, spoke in support of both conditional use permit requests. The hearing closed at 8:03 p.m. The following two resolutions were then presented for consideration.
CONDITIONAL USE
PERMIT NO. 16
The following resolution was offered by Councilman Rokosz and seconded by Councilman Johnson:
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 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. 16, in accord with documents provided and submitted at the
meeting of June 13, 2005. (Motion
ADOPTED. Yeas: Black, Myers, Rokosz Nays:
Johnson)
CONDITIONAL USE
PERMIT NO. 17
The following resolution was offered by Councilman Rokosz and seconded by Councilman Johnson:
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 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. 17, in accord with documents provided and submitted at the
meeting of June 13, 2005. (Motion
ADOPTED. Yeas: Black, Myers, Rokosz Nays:
Johnson)
APOTHECARY SHOPPE PHARMACIES INDUSTRIAL
DEVELOPMENT DISTRICT
City Assessor Reid Duford presented the request by the Apothecary Shoppe Pharmacies for an Industrial Development District. The public hearing opened at 8:15 p.m. Scott Walker, Midland Tomorrow Economic Development Manager, spoke in support of the request. Kevin Roeder of the Apothecary Shoppe explained the compounding pharmaceutical process. The hearing closed at 8:29 p.m. The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:
WHEREAS, The Apothecary Shoppe Pharmacies,
LLC (Kevin Roeder, RPH, the business owner) by means of a letter signed by said
party and Atrium Square Properties, LLC (Robert C. Hunt, the property owner),
dated April 19, 2005, which was received by the City Clerk on April 22, 2005,
has requested the establishment of an Industrial Development District with the
proposed district being described as follows:
Beginning
543.28 feet West of the Southeast corner of Section 33, Township 15 North,
Range 2 East; thence North 274.6 feet to State Highway right-of-way; thence
West along said right-of-way 200 feet; thence South 274.40 feet to the South line
of said Section 33; thence East along said South section line 200 feet to point
of beginning
; and
WHEREAS,
the request for the establishment of the proposed district is in connection
with a probable future replacement facility or new facility, the construction,
acquisition, alteration or installation of which has not commenced at the time
the request was filed; and
WHEREAS, the City Council of the City of
Midland has caused written notice by certified mail to be sent to the owners of
all real property within the proposed Industrial Development District and has
held a public hearing on June 27, 2005, to afford the owner and any other
resident or taxpayer of the City of Midland an opportunity to be heard on the
petition of the Apothecary Shoppe Pharmacies, LLC for the establishment of this
Industrial Development District; now therefore
RESOLVED, it appears and it is hereby
determined that the applicable criteria contained in Section 4 of Public Act
198 of the Public Acts of the State of Michigan of 1974, as amended, have been
met; and
RESOLVED FURTHER, that the above described
property is hereby established as the Apothecary Industrial Development
District No. 1 within the meaning of said Public Act 198; and
RESOLVED FURTHER, that at the time the
requesting party of the Apothecary Industrial Development District No. 1
relocates, ceases to conduct operations in a manner consistent with Public Act
198 of the Public Acts of the State of Michigan of 1974 within the Industrial
Development District, or a related Industrial Facilities Exemption certificate
expires or is revoked, and no other Industrial Facilities Exemption
certificates are in effect within said district, the City Council shall adopt a
resolution to terminate the Apothecary Industrial Development District No. 1. (Motion ADOPTED.)
PUBLIC COMMENTS
No public comments were made.
SEWER RATE ORDINANCE AMENDMENT
Utilities Director Noel Bush presented
information on an ordinance amendment increasing sewer rates. The following ordinance amending the City of
Midland sewer rates was then offered by Councilman Johnson and seconded by
Councilman Rokosz:
ORDINANCE NO. 1602
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" – 3/4” |
$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: $1.57
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. (Ordinance
ADOPTED.)
SUBDIVISION CONTROL ORDINANCE AMENDMENT (first reading)
Assistant City Manager Jon Lynch presented
information on a new subdivision control ordinance. Introduction and first reading of the
following ordinance to create a new Subdivision Control Ordinance by amending
Articles I, II, III, and IV and repealing Article V, VI, and VII of Chapter 23
was then offered by Councilman Rokosz and seconded by Councilman Johnson:
ORDINANCE NO. _____
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN BY AMENDING ARTICLES I, II, III, AND IV, AND REPEALING ARTICLES V, VI, AND VII OF CHAPTER 23 THEREOF.
The City of Midland Ordains:
(To see full version of the ordinance amendment Council packet on file in Clerk’s Office.)
Section 9. This Ordinance shall become effective
immediately upon its publication.
(Motion ADOPTED. Considered first reading.)
SITE PLAN NO. 247
Assistant City Manager Jon Lynch presented
information on Site Plan No. 247.
Richard Fosgitt spoke in favor of the site plan on behalf of the
developer. The original resolution was
offered by Councilman Myers and seconded by Councilman Johnson. Following a discussion Councilman Johnson moved,
seconded by Councilman Rokosz, to amend item no. 5 to reflect lot 9 to obtain
access through lot 8 due to traffic safety.
(Motion ADOPTED.) The original
amended resolution was then presented for consideration.
WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 247, the request of Bartow & King Engineers on behalf of Midland Building Company to construct nine industrial site condominium lots on 7.52 acres at 3630 James Savage Road; and
WHEREAS, the City Council has reviewed the proposed Site Plan No. 247 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore
RESOLVED, that the City Council does hereby approve Site Plan No. 247, contingent upon the following:
1. A
second fire hydrant needs to be placed at the intersection of
2. The
fire hydrant proposed on the cul-de-sac street should be located between lots 3
and 4.
3. A storm water retention and site
grading plan is provided for the development.
4. The proposed street name
is changed so as not to be confused with
5. Lot 9 to obtain access
through lot 8 due to traffic safety.
(Motion ADOPTED.)
ROLLING MEADOWS ESTATES NO. 1
Assistant City Manager Jon Lynch presented
information on the Preliminary Plat of Rolling Meadows Estates No. 1. Richard Fosgitt spoke in favor of the project
to include the boulevard on behalf of the developer. The following resolution was then offered by
Councilman Myers and seconded by Councilman Johnson:
WHEREAS, the City Council has reviewed the
Preliminary Plat of Rolling Meadows Estates No. 1; and
WHEREAS,
a report has been received from the City Planning Commission recommending
approval of said plat in accord with Section 23-13 of the Code of Ordinances of
the City of Midland; now therefore
RESOLVED, that the City Council hereby gives
tentative approval to the Preliminary Plat of Rolling Meadows Estates No. 1,
contingent upon the following conditions:
1. Fire
hydrants are provided at intervals required under the National Fire Prevention
Code, space not more than 500’.
2. Fire
hydrants must be installed prior to building construction.
3. Temporary
turnarounds capable of supporting a 60,000 pound fire apparatus must be
provided at street terminations for each phase of construction.
4. On
street parking must be prohibited on the fire hydrant side of the public
streets.
5. No
structure being constructed may be more than 150 feet from a fire access
roadway.
6. A
storm water management plan must be submitted and approved by the Engineering
Department.
7. Appropriate
wetlands review and MDEQ permitting is secured by the developer.
8. Proposed
10’ private utility easements are illustrated.
9. No
on street parking is permitted in the boulevard.
10. The boulevard
islands must be privately owned and maintained.
11. Any
vegetation proposed to be planted in the boulevard islands must be approved by
the City Forester.
12. Curb
surrounding the boulevard islands must be high-back instead of mountable curb.
(Motion ADOPTED.)
JILMAR ESTATES NO. 1 & 2 SIDEWALK TIME EXTENSION
Assistant City Manager Jon Lynch presented a
report on the request for a one-year extension of time for the completion of
sidewalk in Jilmar Estates Subdivision No. 1 and No. 2. The following resolution was then offered by
Councilman Johnson and seconded by Councilman Rokosz:
WHEREAS, a written request has been received from George Rafos, proprietor of Jilmar Estates Subdivision No. 1 and No. 2, to extend the period of time to complete the sidewalk within said subdivisions; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Jilmar Estates Subdivision No. 1 and No. 2 until June 26, 2006, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial guarantee is not provided by July 25, 2005, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
JILMAR ESTATES NO. 1 DEVELOPMENT AGREEMENT AMENDMENT
Assistant City Manager Jon Lynch presented a
report on a request to amend the development agreement to remove the
construction of sidewalks on Dublin Avenue adjacent to lots 1 and 2. The following resolution was then offered by
Councilman Rokosz and seconded by Councilman Johnson:
RESOLVED, that the development agreement for Jilmar Estates No. 1 and No. 2 is hereby amended to remove the construction of sidewalks on Dublin Avenue adjacent to Lots 1 and 2. (Motion DENIED. Yeas: None Nays: Black, Johnson, Myers, Rokosz)
SCENIC ESTATES NO. 6 SIDEWALK TIME EXTENSION
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, a written request has been received from Prodo, Inc., proprietor of Scenic Estates Subdivision No. 6 to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Scenic Estates Subdivision No. 6 until December 18, 2006, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial guarantee is not provided by July 25, 2005 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
STONERIDGE SUBDIVISION NO. 2 SIDEWALK TIME EXTENSION
Assistant City Manager Jon Lynch presented a
report on a request for a two-year extension of time for completion of sidewalk
in Stoneridge Subdivision No. 2. The
following resolution was then offered by Councilman Johnson and seconded by
Councilman Rokosz:
WHEREAS, a written request has been received from Richard Miller on behalf of Stone Ridge Enterprises, proprietor of Stone Ridge South Subdivision No. 2 to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Stone Ridge South Subdivision No. 2 until November 15, 2006, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial guarantee is not provided by July 25, 2005, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction season. (Motion DENIED. Yeas: None Nays: Black, Johnson, Myers, Rokosz)
2005 CITY COUNCIL GOALS – STATUS REPORT
Assistant City Manager Jack Duso presented a
report on the status of the 2005 City Council Goals. The following resolution was then offered by
Councilman Myers and seconded by Councilman Johnson:
RESOLVED, that the attached status
report on the 2005
CHAMBER OF COMMERCE – PROFESSIONAL SERVICE AGREEMENT
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the attached professional services agreement between the City of Midland and the Midland Area Chamber of Commerce. (Motion ADOPTED.)
ORDINANCE AMENDMENT REQUEST – HOURS OF BUSINESS IN “NC” DISTRICT
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that
the Midland
PRINCIPLE SHOPPING DISTRICT PETITION FOR CIRCLE DISTRICT
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the Midland City Council hereby receives a
citizen petition to designate the Circle District as a Principle Shopping
District and refers said petition to the Midland
SIDEWALK CONSTRUCTION AGREEMENT - VILLAREAL
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
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, City Council accepted
one Sidewalk Construction Agreement at their June 13, 2005 meeting and an
additional property owner now wishes to install their own sidewalk; and
WHEREAS, the City Engineering Department has received one (1)
additional Sidewalk Construction Agreement from a property owner desiring to
install their own walk which is listed below:
|
PARCEL CODE |
OWNER |
|
|
14-24-30-418 |
EDMUND VILLAREAL |
|
; 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; and
RESOLVED FURTHER, that this parcel be removed
from the 2005 Sidewalk Improvement Program Special Assessment Roll accepted by
Council at their June 13, 2005 meeting. (Motion ADOPTED.)
HILLCREST & SOLDIER SECTION OF MIDLAND CEMETERY
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, City staff has developed a cemetery plat for a Soldier section and the Hillcrest section in accord with Section 6-3 of the Code of Ordinances; and
WHEREAS, the Parks and Recreation
Commission at their meeting of June 7, 2005 recommended that the
RESOLVED, that the plats of the Soldiers section and the Hillcrest section are hereby accepted. (Motion ADOPTED.)
AVIATION ADVISORY COMMISSION – TAYLOR RESIGNATION
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the resignation of Donald Taylor as a member of the Aviation Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Taylor for his service on this important Commission. (Motion ADOPTED.)
PAYMENT FOR CONTRACTED LEGAL SERVICES – MCV TAX APPEAL
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS,
the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000,
2001, 2002, 2003 and 2004 assessments and taxable values of certain property it
owns in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the law firms of Braun, Kendrick,
Finkbeiner, P.L.C. and Westrate and Thomas, P.C., formerly known as Westrate
and Holmstrom, P.C., have been utilized in assisting the City of Midland in its
legal defense of said appeal; and
WHEREAS, on June 28, 2004, Council
authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. and Westrate and
Thomas, P.C. for the aforementioned services in a total amount not to exceed
$5,500,000; and
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 Legal Fees budget for the MCV tax appeal
cases; now therefore
RESOLVED, that the above-referenced 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 authorization for payment to the law firms of Braun, Kendrick, Finkbeiner,
P.L.C. and Westrate and Thomas, P.C. for their assistance in connection with
the aforementioned appeal is hereby increased to an amount not to exceed $5,750,000. (Motion ADOPTED.)
RETROACTIVE COVERAGE INSURANCE POLICY
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City’s switch of its property
and liability insurance back to a claims incurred basis created the need to
purchase a retroactive coverage insurance policy to eliminate insurance
coverage gaps and mitigate the City’s risk; and
WHEREAS, in conjunction with the competitive
bidding process for the City’s property and liability insurance, it also
requested quotes for a retroactive coverage insurance policy; and
WHEREAS, the situation of obtaining
retroactive coverage is so unique that only a few insurance providers would be
interested, thus making the sealed bid process impractical; and
WHEREAS, funding for these purchases is
provided in the 2005-06 budget of the Property and Liability Insurance Fund;
now therefore
RESOLVED, due to the uniqueness of the
situation and the limited number of prospective insurance providers, a sealed
bid process is impractical; and
RESOLVED FURTHER,
that the quote submitted by the Meadowbrook Insurance Group, and Discover Re in
the amount of $168,872 is hereby accepted as being the most favorable to the
City of Midland. (Motion
ADOPTED.)
2005 SWEDE AVENUE RECONSTRUCTION
City Engineer Brian McManus presented a
report on the reconstruction of Swede Avenue between Patrick Road and E. Ashman
Street, which includes the installation of a new storm sewer on Swede Avenue
from Rapanos Drive to E. Ashman Street.
Jim Kane, 3403 McKeith Court, disagreed with city staff’s numbers and
recommendations. He asked that this
project and the Sugnet/Swede intersection improvement be placed on hold. The following resolution was then offered by
Councilman Johnson 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 resurfacing of Swede Avenue from
Patrick Road to Ashman Street and the replacement of the water mains across the
intersections of Swede with Eastlawn Avenue & Ashman Streets and the
installation of a new storm sewer on Swede Avenue from Rapanos Drive to Ashman
Street; and
WHEREAS, funding for this project is provided by the Major Street Fund,
Water Fund and Storm Water Utility Fund; now therefore
RESOLVED, that the low sealed proposal submitted by 3-S Construction,
Inc. of Midland, Michigan, for the "2005 Swede Avenue Reconstruction;
Contract No. 3", in the indicated amount of $459,105.00, 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.)
CIVIC ARENA CONTRACT – CHANGE ORDER NO. 7 & 8
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the Director of Public Services is hereby authorized to execute change order #7 in the amount of $30,403.60 and change order #8 in the amount of $55,291.99, amending the contract with Three Rivers Corporation for the Civic Arena Project which was approved on August 9, 2004. (Motion ADOPTED.)
CIVIC ARENA DESIGN SERVICES CONTRACT CHANGE ORDER
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that a change order in the
amount of $40,000 is hereby approved amending the contract with Siegal-Tuomaala
Associates that was approved on February 9, 2004; and
RESOLVED FURTHER, that the Director of Public
Services be authorized and directed to execute this change order on behalf of
the City of Midland. (Motion ADOPTED.)
ICE RESURFACER
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
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 Ice Resurfacer, Bid No. 2859; and
WHEREAS, funding
for the new ice resurfacer is included in the Civic Arena Project; now
therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Charles R. Mueller & Sons, Inc. of
Mt. Clements, Michigan in the amount of $64,900.00 for the purchase of an ice
resurfacer, in accordance with the proposal and city specifications. (Motion ADOPTED.)
KITCHEN EQUIPMENT PURCHASE – CIVIC ARENA
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
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 Civic Arena Kitchen Equipment, Bid No. 2857; and
WHEREAS,
funding for the new kitchen equipment is included in the Civic Arena Project;
now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Stafford-Smith of Bay City, Michigan in
the amount of $32,444.00 for the purchase of kitchen equipment for the new
Civic Arena, in accordance with the proposal and city specifications. (Motion ADOPTED.)
FURNITURE PURCHASE – CIVIC ARENA
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City of Midland is authorized to make purchases from the
State of Michigan Extended Purchasing programs; and
WHEREAS, experience has shown that the State’s buying power produces
prices lower than the City typically receives on furnishings; and
WHEREAS, Space Inc. of Midland has developed a design for the Midland
Civic Arena using furnishings available through the State of Michigan Extended
Purchasing program; now therefore
RESOLVED, that the proposal submitted by Space Inc. for furnishings at
the Midland Civic Arena is hereby accepted and the Purchasing Agent is
authorized to issue a purchase order to Space Inc. in the amount of $50,026.62. (Motion ADOPTED.)
LANDFILL EQUIPMENT MAINTENANCE PURCHASE ORDER INCREASE
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City of Midland Landfill leased three pieces of heavy equipment from Midland Engine, Inc. (MEI) during the 2004/05 fiscal year, 1) a Hyundai R250 track excavator, 2) a Hyundai 760 wheel loader, and 3) a Bomag 1172 garbage compactor, and executed the buy-out option of a leased Bomag 771 garbage compactor from MEI last year; and
WHEREAS, the local authorized distributor for Hyundai and Bomag equipment and preferred vendor for preventative maintenance, parts, and repair services for these machines is MEI, and the year-to-date aggregate cost of parts and services in the current fiscal year is $20,000.00; and
WHEREAS, the five year leases from MEI on both the excavator and loader recently expired, and upon returning the equipment, each machine requires repairs on worn parts and damaged areas to meet contractual lease return conditions totaling $7,500.00; and
WHEREAS, repairing the returned lease equipment will surpass $20,000.00, requiring Council approval, Staff therefore requests that an increase be made to the existing purchase order by $7,500.00 to bring the total amount to $27,500.00; and
WHEREAS, sufficient funding exists in the 2004/05 Fiscal Landfill – Equipment Maintenance account 517-8110-811.93-21; now therefore
RESOLVED, that the City
2005 CUB STREET IMPROVEMENT PROJECT
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City Manager has presented his
report to the City Council presenting certain information regarding the
improvement of a certain street in the City of Midland in conformance with
provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said
street being:
CUB
STREET from Pheasant
Ridge Drive to end of cul-de-sac
; and
WHEREAS, the City
Council has reviewed said report in order to decide the cost, extent and
necessity of the proposed improvement; now therefore
RESOLVED, that the
Council finds and determines that the construction of said street, as before
listed, appears to be a necessary public improvement 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 improvement is twenty (20) years;
and
RESOLVED FURTHER,
that said public improvement shall constitute one special assessment district
to be known as:
“2005 CUB STREET IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT”
which is hereby
established and that said district comprises the following described lands and
premises:
CUB STREET from Pheasant Ridge Drive
to end of cul-de-sac
Lots 9 thru 18 and
the public walkway lying between Lots 13 and 14 of McMurty’s Subdivision in
Section 4, T. 14 N., R. 2 E., City of Midland, Michigan; and
RESOLVED FURTHER,
that the proposed improvement and work to be done thereunder in said District
shall consist of excavating or filling to grade, installing curb & gutter,
aggregate base and an all weather surface, and that the total estimated cost
and expense thereof is fifty thousand four hundred dollars ($50,400.00); and
RESOLVED FURTHER,
that the proportion of the cost and expense of said improvement to be borne and
paid for by the City at large shall be eighteen thousand four hundred three and
20/100 dollars ($18,403.20) and that all other costs and expenses of said
improvement amounting to thirty-one thousand nine hundred ninety-six and 80/100
dollars ($31,996.80) 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; and
RESOLVED FURTHER,
that the report concerning said improvement 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
RESOLVED FURTHER,
that the City Council will meet in the City Hall in said City on Monday, July
11, 2005 at 7:00 p.m., then and there to hear any objections or suggestions on
the proposed improvement; 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.)
CONDITIONAL USE PERMIT NO. 18
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, Richard Postema Associates has
submitted a request for a conditional use permit review and approval for
construction of a 6,154 s.f. building addition on property at 4900 Hedgewood
Drive, Tendercare, Midland; 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, July 11, 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 July 1, 2005
and to publish said notice on July 2, 2005.
(Motion ADOPTED.)
PROPOSED 2005-06 GENERAL FUND BUDGET AMENDMENT
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of
Midland, a public hearing shall be conducted at 7:00 p.m., Monday, July 11,
2005, in the Council Chambers of City Hall on the proposal to amend the General
Fund 2005-06 budget to recognize $75,000 in State Grant revenue to help fund contracted third-party personal
property tax audits, and $75,000 in related expenditures associated with
contracted personal property tax audits; and
RESOLVED FURTHER, that the City Clerk is hereby
authorized and directed to publish a notice of said public hearing in accord
with Section 5.11 of the Charter of the City of Midland. (Motion ADOPTED.)
Being no further business the meeting adjourned at 11:20 p.m.
______________________________________
John E. Duso, Deputy City