August 8, 2005

A regular meeting of the City Council was held on Monday, August 8, 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, Hollis McKeag, James Myers, Joseph Rokosz
Councilmen absent:	Bruce Johnson

MINUTES

Approval of the minutes of the July 25, 2005 special and regular meeting was offered by Councilman Myers and seconded by Councilman McKeag. (Motion ADOPTED.)

2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented a report on the special assessment roll for the 2005 Cub Street Improvement Special Assessment District. A public hearing opened at 7:04 p.m., recognizing no public comments, the hearing closed at 7:04 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain street improvements on the "2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $31,996.80 and that the total estimated cost of said improvements is $50,400.00, and the City at large cost is $18,403.20; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2006, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 4 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest. (Motion ADOPTED.)

2005 CUB STREET IMPROVEMENT CONTRACT

City Engineer Brian McManus presented information to authorize a contract for the improvement of Cub Street from Pheasant Ridge Drive to the south end of the cul-de-sac. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the improvement of Cub Street from Pheasant Ridge Drive to the south end of the cul-de-sac, said improvement to include bituminous surfaced street with concrete curb & gutter and underground storm sewers; and

WHEREAS, funding for this project is provided by special assessments and the Local Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2005 Cub Street Improvement; Contract No. 15", in the indicated amount of $45,017.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000. (Motion ADOPTED.)

2005-06 MAJOR STREET FUND BUDGET AMENDMENT

City Engineer Brian McManus presented an amendment to the 2005-06 Major Street Fund budget to recognize a $29,000 gift from The Dow Chemical Company for improvements on Swede Avenue and Patrick Road. A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

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, August 8, 2005, on the proposal to amend the 2005-06 Major Street Fund Budget to recognize a gift from The Dow Chemical Company of $29,000 to pay for the installation of concrete curbs along Swede Avenue north of Haley Street and to install a right turn lane on Patrick Road at Swede Avenue; now therefore

RESOLVED, that the 2005-06 Major Street Fund Budget is hereby amended to increase revenue by $29,000 to recognize a gift from The Dow Chemical Company and to increase expenditures by $29,000 to recognize the unanticipated expense related to the installation of concrete curbs along Swede Avenue north of Haley Street and to install a right turn lane on Patrick Road at Swede Avenue; and

RESOLVED FURTHER, that the City Manager is hereby authorized to execute Change Order No. 2 to the 2005 Swede Avenue Reconstruction; Contract No. 3 in the amount of $25,158, to pay for said construction. (Motion ADOPTED.)

PUBLIC COMMENTS

Mayor Black turned the proceedings over to senior Councilman McKeag.

Chuck Hepenstal, 1317 N. Parkway Drive, spoke regarding the increase in heavy item collection infractions and encouraged the City to communicate the rules of this program to residents. Mr. Hepenstal complimented the Council on the advancements that have been made to encourage citizen participation. He complimented the Mayor on his professionalism as Mayor and recognizing that the Mayor will be retiring in November, thanked him for his participation on Council.

Richard McCreadie, 2700 Washington Street, thanked the City Council and staff for its enforcement of the sign ordinance and encouraged further enforcement of the noise ordinance, overnight on-street parking ordinance and ordinance prohibiting cars from blocking the sidewalk.

Mark Westrate, lead legal counsel for the City of Midland in the Midland Cogeneration Venture (MCV) tax appeal addressed the Council and Midland citizens regarding the presentation that MCV Attorney Gary Pasek made at the July 25, 2005 City Council meeting.

Councilman McKeag returned the proceedings to Mayor Black.

SUPPLEMENTAL STAFF REPORT ON SIGN ENFORCEMENT ISSUES

City Attorney James O. Branson, III presented a supplemental staff report regarding sign enforcement issues. Mike Furlo, Furlo Auction Services, encouraged the City to consider a sign permitting process instead of limiting the weekends that events could place signage in the right-of-ways. Betty Washburn, 4930 Monteray Drive, encouraged the City to change the sign ordinance to be more flexible. Richard McCreadie, 2700 Washington, stated the ordinance is fine the way it is and encouraged Council to not change the ordinance. Chuck Hepenstal, 1317 N. Parkway, supported keeping the sign ordinance as it currently exists. Jim Hanson, 1312 Harwood Court, supported the sign ordinance revisions except the portion limiting signage in the right-of-way to only four weekends in the summer. He encouraged Council to expand that portion of the recommended revision to not be so limiting. After City Council discussion, City Attorney Branson offered to present a second report addressing Council’s desire to explore a sign permit process. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, on July 25, 2005, upon the request of the City Council, the City Attorney presented a staff report regarding sign enforcement issues; and

WHEREAS, following the presentation of the staff report, the City Council directed the City Attorney to prepare a supplemental staff report with recommendations on sign enforcement; and

WHEREAS, the City Attorney has prepared a supplemental staff report regarding sign enforcement issues; now therefore

RESOLVED, that the City Council hereby accepts the staff report regarding sign enforcement issues. (Motion ADOPTED.)

REPORT ON CITY OWNED PROPERTIES FOR POTENTIAL JAIL SITE

Assistant City Manager Jack Duso presented a report on the availability of certain City-owned properties for locating a new county jail. Wilson Coomer, 223 E. Collins, spoke in support of eliminating the parks as potential jail site properties. He complimented the City on the quality of band concerts in Central Park this summer and encouraged the City to rehabilitate the band shell. The original resolution was offered by Councilman Myers and seconded by Councilman Rokosz. Following a discussion, Councilman Rokosz moved, seconded by Councilman McKeag to amend the report to remove the airport property from consideration and leave the lower portion of the W. Main Street property for consideration. (Motion ADOPTED.) The following resolution was then presented for consideration:

WHEREAS, the City Manager received a letter dated July 11, 2005 from the Midland County Administrator/Controller requesting the availability of certain City-owned properties for locating a new county jail; and

WHEREAS, on July 25, 2005 the City Council referred said letter to the Aviation Advisory Commission, the Parks and Recreation Commission, the West Main Street Historic District Commission, and City staff; and

WHEREAS, on August 8, 2005 the City Council received a report on recommendations from said commissions and City staff; now therefore

RESOLVED, that the report on the availability of certain City-owned properties for locating a new county jail submitted by the City Manager is hereby received and the City Manager is authorized and directed to respond to the Midland County Administrator/Controller in accord with the recommendation stated in the amended report with the exception that the airport property is not available, but the lower portion (parcel no. 14-17-40-020) of the W. Main Street property is available. (Motion ADOPTED.)

SITE PLAN NO. 248

Assistant City Manager Jon Lynch presented a site plan to construct 12 residential units in six duplex structures on 1.96 acres north of Universal Drive, east of Hedgewood Drive. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 248, the request of Ayres Associates on behalf of Jeff and Shelly Weckesser to construct 12 residential units in 6 duplex structures, on 1.96 acres, north of Universal Drive, east of Hedgewood Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 248 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. 248, contingent upon the following:

1. On-street parking on Danburry Place is prohibited.

2. A storm water detention and site grading plan is provided for the development.

3. Landscaping is installed on the west side of the property adjacent to the storm water detention at 75% obscuration screening, minimum six foot tall evergreens.

(Motion ADOPTED.)

EASEMENT AGREEMENT – PRIVATE DEVELOPMENTS ON EASTMAN AVENUE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the attached Easement Agreements from CNLRS Exchange I, Inc., to the City of Midland, for public water mains and public sidewalks on their private site developments of Logans Steakhouse and Fairground Shoppes, in Section 32, T. 15 N., R. 2 E., are hereby accepted and that the Easement Agreements are ordered recorded. (Motion ADOPTED.)

ECONOMIC DEVELOPMENT SERVICES AGREEMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the Mayor Pro Tem and the City Clerk are authorized to execute an agreement for the years July 1, 2005 through June 30, 2008, with Midland Tomorrow for economic development services. (Motion ADOPTED.)

HOUSING CONSTRUCTION AGREEMENT WITH MIDLAND PUBLIC SCHOOLS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the Midland Public Schools administration has requested another joint project with the City of Midland by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 4416 Isabella Street has been selected and designed; and

WHEREAS, it has been determined that soliciting sealed bids is not an effective method of selling housing in the community; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that staff is authorized to utilize funds from the Housing Commission Revolving Fund; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical, and staff is authorized to sell the house on the open real estate market, based on the appraised value, utilizing staff resources, or by listing it for sale with a local realtor; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland and the Midland Public Schools for this purpose. (Motion ADOPTED.)

SALE OF VACANT PROPERTY – ISABELLA ST (Miller)

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 property, Parcel A, on Isabella Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated August 2, 2005, was submitted by David P. and Callie E. Miller, in the amount of $300.00; 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.)

SALE OF VACANT PROPERTY – ISABELLA ST (Janson)

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 property, Parcel B, on Isabella Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated August 2, 2005, was submitted by Matthew G. and Joanne F. Janson, in the amount of $2,000.00; 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.)

SUBRECIPIENT AGMTS FOR CDBG FUNDS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the 2005-06 Community Development Block Grant budget provides funds to the Council on Domestic Violence and Sexual Assault (Shelterhouse), Washington Woods, Safe Haven Outreach Center, Cleveland Manor, the Reece Community Living Endeavor, Midland City Police Department, Grace A. Dow Memorial Library, West Midland Family Center, Midland Area Homes, the Literacy Council, SiFWeitz & Associates, and Midland Community Center for the purposes of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City. (Motion ADOPTED.)

OFFICER DELEGATES FOR MERS ANNUAL MEETING

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that David A. Keenan be appointed officer delegate and Dennis D. Morgan be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 20 through 22, 2005, in Dearborn, Michigan. (Motion ADOPTED.)

MML WORKERS COMPENSATION FUND BALLOT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the City Manager is hereby authorized and instructed to complete the official ballot of the Michigan Municipal League Workers’ Compensation Fund by voting for five persons listed on the ballot. (Motion ADOPTED.)

PARADE YOUR PET AND ARTISTS MARKET EVENT SIGNS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the request from the Downtown Development Authority, seeking permission to place three directional signs to promote the Parade Your Pet and Artists’ Market events being held within the Downtown Development Authority district, on the day of each event, is hereby approved subject to the following conditions:

• Clear vision requirements must be followed and the signs must not obstruct the vision of motorists.
• The signs must be no larger than 2’ x 2’ and only three signs may be displayed.
• The signs must be removed at the end of the day of each event.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

KICK IT AROUND DOWNTOWN EVENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the request from the Downtown Development Authority to conduct a “Kick it Around Downtown” event on Saturday, August 27, 2005, from 4:00 – 9:00 p.m. in downtown Midland, is hereby approved subject to the following conditions:

• A minimum 20’ wide fire lane on all streets affected by the event must be maintained.
• The area adjacent to any door used for egress from a building shall be kept clear of obstructions.
• An area at least three feet in diameter shall be kept clear around all fire hydrants and fire department connections for any sprinkler system or standpipe.
• Barrier free access of 5’ must be maintained on all affected sidewalks.
• The signs must be no larger than 2’ x 2’ and only three signs may be displayed.
• The signs must be removed at the conclusion of the event.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

2005 WACKERLY STREET RECONSTRUCTION

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 resurfacing of Wackerly Street from Jefferson Avenue to 2000 feet west and for constructing right turn lanes on Wackerly Street on both sides of Jefferson Avenue; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Lois Kay Contracting Company, Inc. of Saginaw, Michigan, for the "2005 Wackerly Street Reconstruction; Contract No. 6", in the indicated amount of $121,658.90, 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.)

REAR PACKER REFUSE TRUCKS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the Department of Public Services routinely purchases good condition used rear packer refuse trucks for use as back up vehicles and for short term programs; and

WHEREAS, funding for three used rear packer refuse trucks is included in the 2005-06 Equipment Revolving Fund budget for Capital Outlay, Vehicles; and

WHEREAS, three used trucks that meet Public Services’ needs are available from Midwest Power, Inc. in St. Charles, Illinois; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in

accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the Purchasing Agent is authorized to issue a purchase order to Midwest Power, Inc. of St. Charles, Illinois in the amount of $105,300.00 for the purchase of three used rear packer refuse trucks. (Motion ADOPTED.)

DOG PARK FENCING

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 and installation of fencing at Chippewassee Park for the creation of a Dog Park, Bid No. 2881; and

WHEREAS, funding for the project is being provided through an anonymous donation accepted by Council on July 11, 2005; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bay Farm Services, Inc. of Bay City, Michigan in the amount of $30,230.56 for the purchase of fencing for the Dog Park, in accordance with the proposal and city specifications. (Motion ADOPTED.)

COMPUTER SOFTWARE & HARDWARE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, sealed bids have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for computer hardware and software; and

WHEREAS, funds have been budgeted in the 2005-2006 Information Services Investment in Assets budget for Networking Hardware/Software and PC Computer purchases; now therefore

RESOLVED, that the City Council hereby accepts the sealed bids meeting the City’s specifications submitted by Capitol Communication Systems of Lansing, Michigan in the amount of $10,880.00, En Pointe Technologies of El Segundo, California in the amount of $37,324.55, and SDF Professional Computers of Greenville, North Carolina in the amount of $4,040.00 for computer hardware and software and authorizes purchase orders to be issued; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders not to exceed $8,000.00. (Motion ADOPTED.)

CONDITIONAL USE PERMIT NO. 19

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, Midland Church of Christ has submitted a request for a conditional use permit review and approval to allow operation of a place of worship at 1700 East Patrick 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; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 22, 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 August 12, 2005 and to publish said notice on August 13, 2005. (Motion ADOPTED.)

MCKAY PRESS, INC. – IFT APPLICATION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that an application dated July 13, 2005 was received July 13, 2005 from McKay Press, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Expanded McKay Industrial Development District No.1 consisting of both real and personal property with the real property component in the amount of $500,000 to replace the roof on the existing building and the personal property component in the amount of $2,000,000 for the purchase of a new sheet-fed commercial printing press, relating to new facility approval for further expansion within the Expanded McKay Industrial Development District No. 1 is hereby acknowledged, received, and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, August 22, 2005, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)

Being no further business the meeting adjourned at 10:05 p.m.

______________________________________

Selina Tisdale, City Clerk