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

Councilmen absent:

Hollis McKeag

 

MINUTES

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 Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; 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. 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 Midland, conditioned on the following:

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 James Savage Road and the proposed street.

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 James Savage Road.

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 City Council Goals is hereby accepted and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 


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 Planning Commission is hereby directed to review a request by Diane Doyle on behalf of 7-Eleven Store #12 located at the corner of Sugnet Road and Jefferson Avenue to modify Section 16-35 of the Code of Ordinances and submit its recommendation to the City Council.  (Motion ADOPTED.)

 

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 Planning Commission for further study.  (Motion ADOPTED.)

 

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 City Council accept the plat; now therefore

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 City Council is required under Section 2-18 of the Code of Ordinances; and

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 Manager is authorized to increase the existing purchase order with Midland Engine, Inc., bringing the total amount to $27,500.00.  (Motion ADOPTED.)

 

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 Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

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 Clerk