October 24, 2005

 

A regular meeting of the City Council was held on Monday, October 24, 2005, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the October 10, 2005 regular meeting was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

MAYOR BLACK RECOGNITION

Mayor Pro Tem, Bruce Johnson, presented Mayor Black with a framed version of a resolution of recognition for his service as City Councilman and Mayor.  The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor Pro Tem is authorized to issue the attached resolution of recognition recognizing Mayor R. Drummond Black’s 14 years of outstanding service on Midland City Council and to the citizens of Midland.  (Motion ADOPTED.)

 

TEN SIXTEEN TREATMENT CENTERS 25TH ANNIVERSARY

Libby Richart, Communications Coordinator, introduced Mr. Sam Price, Executive Director of the 1016 Treatment Centers.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached Resolution of Recognition of the 25th Anniversary of the Ten Sixteen Treatment Centers.  (Motion ADOPTED.)  Mayor Black presented the proclamation to Sam Price.

 

DOW CORNING CORP - IFT

City Assessor Reid Duford introduced a request from Dow Corning Corporation for an Industrial Facilities Tax Exemption Certificate (IFT) relating to new facilities.  A public hearing opened at 7:15 p.m.  Midland Tomorrow Interim Director Scott Walker encouraged Council to support the IFT.  Dow Corning Corporation Midland Site Manager Jim Whitlock spoke in support of the IFT request.  The public hearing closed at 7:20 p.m.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

WHEREAS, the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District were established by resolution of the Midland City Council on February 23, 1981; and        

WHEREAS, the Dow Corning Corporation made an application dated September 18, 2005, which was received by the City Clerk on September 21, 2005, for an Industrial Facilities Tax Exemption certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $1,977,144, relating to the purchase of personal property at the Midland Plant to upgrade major supply chains for two core businesses, Organosilanes and Engineered Elastomers, with the same being located within the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District, and being expected to retain two existing jobs at the facility; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 24, 2005, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district and/or plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities tax exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district and/or plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by the Dow Corning Corporation considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Tax Exemption certificate from the Dow Corning Corporation for a new facility approval within the Industrial Development District and Plant Rehabilitation Districts be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2017; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and the Dow Corning Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No comments were made.

 

2005 CITY COUNCIL GOALS REPORT

Jack Duso, Assistant City Manager, presented a status report on the 2005 City Council Goals.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

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.)

 

LEAF COLLECTION PROGRAM – “THREE FREE” FEE WAIVER

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

 

RESOLVED, that the “Three Free” fee waiver period for yard waste collection is hereby extended through the leaf collection program as provided for in Section 21-4c of the Code of Ordinances.  (Motion ADOPTED.)

 


FAMILY & CHILDREN’S SERVICES (NON-PROFIT ORGANIZATION)

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

 

RESOLVED, that the request from Family & Children’s Services of Midland, Inc. of the City of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for           approval.  (Motion ADOPTED.)

 

PIZZA SAM’S LIQUOR LICENSE STOCK TRANSFER

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

 

RESOLVED, that the request from PIZZA SAM, INC. TO TRANSFER STOCK IN 2005 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 102 W. MAIN, MIDLAND, MI  48640, MIDLAND COUNTY, BY ADDING MATTHEW S. DORAN (111.11 SHARES), SCOTT A. SMITH (111.11 SHARES), TODD M. GAMBRELL (111.11 SHARES), AND JAMES N. STAMAS (333.33 SHARES) AS NEW STOCKHOLDERS THRU TRANSFER OF PARTIAL SHARES OF STOCK (666.66) FROM EXISTING STOCKHOLDER, NICKOLAS C. STAMAS be considered for approval.

It is the consensus of this legislative body that the application be: Recommended for issuance.  (Motion ADOPTED.)

 

702 – LIQUOR LICENSE (DROP EDWARD STEEG, DECEASED)

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

 

RESOLVED, that the request from MARILYN S. STEEG TO DROP EDWARD L. STEEG, DECEASED AS PARTNER IN 2005 CLASS C LICENSED BUSINESS, LOCATED AT 702 JEFFERSON, MIDLAND, MI  48640, MIDLAND COUNTY be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

LOCC – TIERNEY RESIGNATION

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

 

RESOLVED, that Midland City Council hereby accepts the resignation of John Tierney from the Local Officers Compensation Commission and expresses its appreciation for his service on this important commission.  (Motion ADOPTED.)

 

LOCAL TELEPHONE SERVICE CONTRACT

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

 

WHEREAS, the City currently uses SBC Ameritech for local telephone service under a previously approved plan that charges a fee per local call in addition to its per line cost; and

WHEREAS, McLeodUSA offers a more competitive rate plan that utilizes an all-inclusive program so no additional charges are incurred for local calls that would save the City approximately $15,000 per year; now therefore

RESOLVED, that a two-year agreement with McLeodUSA is hereby approved that would supply local telephone service to the City departments; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the agreement with McLeodUSA for said services.  (Motion ADOPTED.)

 

MERS DEFINED CONTRIBUTION PLAN

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

 

WHEREAS, the MERS Plan Document of 1996, effective October 1, 1996, authorized a defined contribution option (Section 19A, Benefit Program DC) as a new benefit program that a participating municipality or court may adopt for MERS members to be administered under the discretion of the Municipal Employees’ Retirement Board as trustee and fiduciary, directly by (or through a combination of) MERS or MERS’ duly-appointed third-party administrator.

WHEREAS, as a new provision, Section 19A, along with the remainder of the Plan, received from the Internal Revenue Service a Letter of Favorable Determination (dated July 8, 1997) that the Plan is a qualified Plan under Section 401 of the Internal Revenue Code, and an exempt trust under Section 501.

WHEREAS, on May 5, 1997, the Municipal Employees’ Retirement Board entered into an Alliance Agreement with ICMA-RC (the International City Management Association Retirement Corporation) as third-party administrator for the defined contribution plans under Plan Document Section 19A.

WHEREAS, on November 14, 2001, following MERS’ due diligence search and review, the Retirement Board and ICMA-RC entered into an Amended and Restated Alliance Agreement (the “2001 Alliance Agreement”) (Attachment 1) for third-party administrator services. Participating employees of MERS’ municipalities and courts adopting Benefit Program DC receive enhanced services and favorable decreased participant fees under the 2001 Agreement.  Additionally, such services and fees shall also be available where the participating municipality or court adopting Benefit Program DC has in effect (or subsequently establishes) an IRC section 457 deferred compensation plan or section 401(k) plan.  Approval of this Revised Uniform Resolution by each MERS participating municipality and court which adopts or has adopted MERS Benefit Program DC is necessary and required in order that the benefits available under the 2001 Alliance Agreement may be extended to covered participants. 

WHEREAS, this Revised Uniform Resolution has been approved by the Board under the authority of 1996 PA 220, Section 36(2)(a), MCL 38.1536(2)(a), declaring that the Retirement Board “shall determine…and establish” all provisions of the retirement system.  Under this authority, the Board authorized Section 19A, the Defined Contribution Benefit Program, which shall not be implemented unless in strict compliance with the terms and conditions of this Revised Resolution.

  • It is expressly agreed and understood as an integral and nonseverable part of this Revised Resolution that Section 43B of the Plan Document shall not apply to this Revised Uniform Resolution and its administration or interpretation.
  • In the event any alteration of the terms or conditions stated in this Revised Uniform Resolution is made or occurs, under Section 43B or other plan provision or other law, it is expressly recognized that MERS and the Retirement Board, as sole trustee and fiduciary of the MERS Plan and its trust reserves, and whose authority is nondelegable, shall have no obligation or duty: to administer (or to have administered) the Defined Contribution Benefit Program; to authorize the transfer of any defined benefit assets to the Defined Contribution Benefit Program; or to continue administration by the third-party administrator or by MERS directly.

WHEREAS, concurrent with this Revised Resolution, and as a continuing obligation, this governing body has completed and approved, and submitted to MERS documents necessary for adoption and implementation of the MERS Benefit Program DC.  This obligation applies to any documents deemed necessary to the operation of the defined contribution program by MERS’ third-party administrator.

NOW, THEREFORE, BE IT RESOLVED that the governing body adopts (or readopts) MERS Benefit Program Defined Contribution as provided below.


 

I.                     NEW EMPLOYEES

Effective July 1, 2005, (to be known as the ADOPTION DATE), the City of Midland hereby adopts Benefit Program DC (as set forth in the MERS Uniform Defined Contribution Program Adoption Agreement) for full time Unclassified, Confidential, Steelworker, MMEA and MMSEA (specify employees/division #s) first hired on and after the Adoption Date, and optional participation for any employee or officer of this municipality otherwise eligible to participate in MERS under Sections 2B(3)(a) and 3(3) of the Plan Document who has previously elected to not participate in MERS.  ONLY THOSE EMPLOYEES ELIGIBLE FOR MERS MEMBERSHIP (SECTION 2B(3) AND 3 OF THE PLAN DOCUMENT) SHALL BE ELIGIBLE TO PARTICIPATE.

(A)   CONTRIBUTIONS shall be as allowed and specified in the Adoption Agreement (Attachment 2, completed and approved and a certified copy submitted to MERS concurrent with and incorporated by reference in this Resolution) subject to the provisions of MERS Plan Document:  Section 19A(2) that employer contributions shall be in any percentage of compensation from 1% to the maximum allowed by the Internal Revenue Code, in increments of 0.1%; and Section 19A(3), under which an employee member may voluntarily contribute additional amounts to the extent allowed by the Code.

(B)  EARNINGS under the Adoption Agreement shall include items of “Compensation” under Section 2A(6) of the MERS Plan Document, being the Medicare taxable wages reported on the member’s W-2 statement.

(C)  VESTING shall be as allowed and specified under:

(1)    Plan Section 19A(12), whose text is set out in Section II(G) of this Revised Resolution: and

(2)    the Adoption Agreement.

STOP              If covering new employees only, skip II and go to III on page 5.                 STOP

II. OPTIONAL PROVISION FOR CURRENT MERS MEMBERS WHERE DC PROGRAM FOR NEW EMPLOYEES ESTABLISHED (PLAN SECTION 19A(8)-(11))

THIS OPTIONAL PROVISION SHALL ONLY BE SELECTED WHERE THE TOTAL FUNDED PERCENT OF AGGREGATE ACCRUED LIABILITIES AND VALUATION ASSETS OF ALL RESERVES SPECIFIED IN TABLE 11 (OR SUCCESSOR TABLE) OF THE MOST RECENT MERS ANNUAL ACTUARIAL VALUATION REPORT IS AT LEAST SIXTY PERCENT (60%).

IT IS ADDITIONALLY RESOLVED, as provided in each of the following paragraphs:

(A)  Effective on the Adoption Date, pursuant to Plan Section 19A(8)(b) all current MERS defined benefit members who are members of the same employee classification described in Section I above on the Adoption Date shall:

THE GOVERNING BODY SHALL

SELECT ONE OF THE FOLLOWING

               where vested under this municipality’s MERS vesting program (10, 8, or 6 years)

               where the employee has at least the following number of years of credited service for this municipality on Adoption Data:                         (insert whole number less than vesting program)

               without regard to vesting

be offered the opportunity to irrevocably elect coverage under Benefit Plan DC, under the detailed procedures specified in Plan Section 19A(9)-(11).

(B) For each eligible employee, an opportunity to irrevocably elect to participate in Benefit Program DC shall be offered.  Section 19A(9) specifies an employee’s written election to participate shall be filed with MERS:  (a) not earlier than the last day of the third month after this Resolution is adopted and received by MERS; and (b) not later than the first day of the first calendar month that is at least six months after MERS receives the Resolution.  This means each eligible employee will have about 90 days to make the decision.

After MERS receives this Resolution, this governing body’s authorized official and eligible employees will be advised by MERS of the election window timelines and other information to consider in making the irrevocable decision whether to participate in Benefit Program DC.

(C) Participation for those electing coverage shall be effective the first day of the first calendar month at least seven (7) months after MERS’ receipt of the Resolution, here designated as being the month of               , 20      , (insert month and year) which shall be known as the “CONVERSION DATE.”

(D) The opportunity for current employees on the Adoption Date to participate in the DC Program shall:

THE GOVERNING BODY SHALL

SELECT ONLY ONE OF THE FOLLOWING

               apply to all employees who separate from or terminate employment with this municipality after the Adoption Date and before the Conversion Date, so long as the employee does not receive a retirement allowance from MERS based on service for this municipality.

               not apply to any employee who separates from or terminates employment with this municipality after the Adoption Date.

(E) CONTRIBUTIONS shall be as provided by Section I (A) above.

(F) EARNINGS shall be as provided by Section I (B) above.

(G)         VESTING shall be as provided by Section I (C) above, and participants shall be credited, on participant written request and MERS’ verification of such service, with all eligible service, if any, specified in Plan Section 19A(12) which states:

Where a member has previously acquired in the employ of any participating municipality or participating court:

(a)   not less than 1 year of defined benefit service in force with a participating municipality or participating court;

(b)   eligible credited service where the participating municipality or participating court has adopted the Reciprocal Retirement Act, 1961 PA 88;

(c)   at least 12 months in which employer contributions by a participating municipality or participating court have been made on behalf of the member under Benefit Program DC,

such service shall on the member’s written request to the employer and MERS’ verification of such service be applied toward satisfying the vesting schedule for employer contributions.  This requirement shall apply to all adoptions of Benefit Program DC on and after October 1, 2000; where previously adopted, the participating municipality or participating court may adopt this subsection (12) with full effectiveness as of the original defined contribution adoption date for the employer division involved.

(H) For each employee irrevocably electing to participate in Benefit Program DC, then under Plan Section 19A(11), MERS shall transfer to the member’s credit (as adjusted through MERS’ records to the Conversion Date) the greater of:

(1)     The member’s accumulated contributions; or

(2)     The actuarial present value as determined in Paragraph (I) below).

The transfer shall be made approximately 30 calendar days after the Conversion Date, and the transfer amount shall include pro-rated regular interest at the regular Board-established rate of (currently four percent (4%)) measured from the Conversion Date to the actual transfer date.

(I)  Per Plan Section 19A(11)(b), the Retirement Board has established the assumptions for calculation of the actuarial present value of a member’s accrued benefit that may be transferred.  The assumptions are:

(1)     The interest rate in effect as of the Adoption Date, to determine actuarial present value, shall be the Board-established investment earnings rate assumption (currently eight percent (8.00%)).

(2)     The funded level for the member’s specific MERS division (total funded percentage of the present value of accrued benefits and valuation assets of all reserves) as of the Adoption Date from the most recent MERS annual actuarial valuation report data provided by MERS’ actuary.  In the APV calculation, the funded level used shall be:

THE GOVERNING BODY SHALL

SELECT ONLY ONE OF THE FOLLOWING

               Funded level for the division (not to exceed 100% funded level).

               If greater than the division’s funded level but not more than 100% funded level, then MERS is directed to compute the funded percentage for the transfer calculation on   % funded basis (insert number not less than funded level percentage and not more than 100%). Where less than 100% funded level exists, this governing body recognizes that such direction shall increase its pension funding liability.  MERS shall not implement such direction unless the governing body forwards to MERS sufficient cash up to the funded level selected for all members prior to the Conversion Date; if sufficient cash is not forwarded, then the governing body expressly covenants with MERS and directs, as a condition of this selection, to MERS billing and the governing body remitting to MERS all contributions necessary to fund the unfunded liability occasioned by the aggregate transfer of the difference between the actual funded level for the division and funded level directed above over a period of four (4) years.

III.  IMPLEMENTATION DIRECTIONS FOR MERS BENEFIT PROGRAM DC THIRD-PARTY ADMINISTRATOR.

(A)   The governing body of this MERS participating municipality or court as Employer desires that MERS Benefit Program DC be administered by MERS’ duly-designated third-party administrator and that some or all of he funds held under such plan be invested in the TPA’s retirement trust established for the collective investment of funds held under the Employer’s retirement, defined contribution, and deferred compensation plans.

(B)  The Employer hereby establishes MERS Benefit Program Defined Contribution as authorized by Section 19A of the Municipal Employees’ Retirement System of Michigan Plan Document, in the form of the third-party administrator’s IRS-qualified retirement trust.

(C)  The Declaration of Trust (Attachment 2, Appendix A, approved and adopted concurrent with and incorporated by reference in this Resolution) is operative and applies with respect to any MERS Benefit Program DC plan or deferred compensation plan previously or subsequently established by the Employer, if the assets are to be invested in the third-party administrator’s retirement trust.

(D)  The Human Resources Director (use title of official, not name) shall be the Employer’s MERS Benefit Program Defined Contribution Plan coordinator; shall receive necessary reports, notices, etc., from the third-party administrator or its retirement trust; shall cast, on behalf of the Employer, any required votes under the retirement trust; may delegate any administrative duties relating to the defined contribution plan to appropriate departments.

(E)  The Municipal Employees’ Retirement Board retains full and unrestricted authority over the administration of MERS Benefit Program Defined Contribution, including but not limited to the appointment and termination of the third-party administrator, or MERS’ self-administration of the defined contribution program in whole or in part.


IV.           EFFECTIVENESS OF THIS REVISED RESOLUTION

         BE IT FINALLY RESOLVED: This Resolution shall have no legal effect under the MERS Plan Document until a certified copy of this adopting Resolution shall be filed with MERS, and MERS determines that all necessary requirements under Plan Document Section 19A, the 2001 Alliance Agreement, the Adoption Agreement, and this Resolution have been met.  All dates for implementation of Benefit Program DC under Section 19A shall be determined by MERS from the date of filing with MERS of this Revised Resolution in proper form and content.  Upon MERS determination that all necessary documents have been submitted to MERS, MERS shall record its formal approval upon this Resolution, and return a copy to the Employer’s defined contribution plan coordinator identified in Section III (D) above.

         In the event an amendatory Resolution or other action by the municipality is required, such Resolution or action shall be deemed effective as of the date of the initial Resolution or action where concurred in by this governing body and MERS (and the third-party administrator if necessary).  Section 54 of the Plan Document shall apply to this Resolution and all acts performed under its authority.   The terms and conditions of this Revised Resolution supersede and stand in place of any prior resolution, and its terms are controlling.  (Motion ADOPTED.)

 

DEFINED CONTRIBUTION PLAN ADMINISTER AND PLAN COORDINATOR

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

 

WHEREAS, the City has adopted the MERS Uniform Defined Contribution Program Resolution; and

WHEREAS, the MERS Uniform Defined Contribution Program Resolution requires that the Employer concurrently complete, approve and submit to ICMA Retirement Corporation (“RC”) all necessary documents specified by RC for adoption of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust as amended and authorized by Section 19A of the Municipal Employees’ Retirement System of Michigan Plan Document; and

WHEREAS, the Employer desires that its Benefits Program DC be administered by the ICMA Retirement Corporation and that some or all of the funds held under such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; now therefore

RESOLVED, that the Employer hereby establishes the Benefits Program DC in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust, as amended by and as authorized by Section 19A of the Municipal Employees’ Retirement System of Michigan Plan Document; and

RESOLVED FURTHER, that the Employer hereby executes the Declaration of Trust of the Vantage Trust, and attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the Vantage Trust; and

RESOLVED FURTHER, that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the Vantage Trust; and

RESOLVED FURTHER, that the Director of Human Resources shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the Vantage Trust; shall cast, on behalf of the Employer, any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments; and

RESOLVED FURTHER, that the Employer hereby authorizes the Director of Human Resources to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan.  (Motion ADOPTED.)


 

EASTMAN AVENUE SEWER LINER REPAIR

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

 

WHEREAS, this fall Utilities staff received a complaint of sewage backup in the area of Eastman Avenue between W. Hines St. and W. Buttles St., and a follow-up video taping of the sewer line revealed that approximately 580 feet of 10-inch sanitary sewer has broken pipes and open joints, which is buried 10 feet beneath the middle of Eastman Ave.; and

WHEREAS, Eastman Ave. is constructed of 9-inch thick reinforced concrete, that would cost over $70,000.00 to restore, making this project ideal for lining rather than digging up the road to replace the damaged pipe; and 

WHEREAS, based on our bidding experience we would expect limited interest in a project this small, and therefore recommend that the City waive the formal bidding process and accept a price of $27,180.00 from Insituform Technologies USA, Inc. of Detroit, which includes the installation of 580 feet of 10-inch liner and 20 sewer lateral reinstatements; and

WHEREAS, the City has had a good working relationship with Insituform and believes that the price provided with the City’s unit estimates is reasonable; and

WHEREAS, funding is available in the 2005/06 Wastewater Fund, account #590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order is authorized to Insituform Technologies USA, Inc. in the amount of $27,180.00 for the installation of approximately 580 feet of 10-inch liner and 20 sewer lateral reinstatements; and

RESOLVED FURTHER, that the City Manager is authorized to make changes to this purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

ZONING PETITION NO. 524

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 14, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on October 28, 2005 and to publish said notice on October 29, 2005.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A REGIONAL COMMERCIAL ZONING WHERE A AGRICULTURAL ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:


Part of the northwest ¼ of the southeast ¼ section 24, T14N-R2E, City of Midland, Midland County Michigan described as beginning south 89 degrees 06 minutes 00 seconds east 411.78 feet along the east and west ¼ line from the center of said Section 24; thence continuing south 89 degrees 06 minutes 00 seconds east 360.10 feet along the east and west ¼ line; thence south 01 degrees 47 minutes 35 seconds west 149.85 feet; thence along a 2030.00 foot radius curve to the left, having a central angle of 04 degrees 39 minutes 01 seconds and a chord bearing and distance of south 00 degrees 31 minutes 55 seconds east 164.71 feet; thence south 02 degrees 51 minutes 26 seconds east 92.71 feet; thence north 89 degrees 06 minutes 00 seconds west 374.37 feet; thence north 01 degrees 48 minutes 16 seconds east 407.05 feet to the point of beginning containing 3.40 acres and being subject to Bay City Road right of way.

Part of the northwest ¼ of the southeast ¼ section 24, T14N-R2E, City of Midland, Midland County, Michigan described as beginning south 89 degrees 06 minutes 00 seconds east 771.88 feet along the east and west ¼ line; and south 01 degrees 47 minutes 35 seconds west 149.85 feet; and along a 2030.00 foot radius curve to the left, having a central angle of 04 degrees 39 minutes 01 seconds and a chord bearing and distance of south 00 degrees 31 minutes 55 seconds east 164.71 feet; and south 02 degrees 51 minutes 26 seconds east 92.71 feet from the center of said section 24; thence north 88 degrees 06 minutes 00 seconds west 636.10 feet; thence south 01 degrees 48 minutes 25 seconds west 727.89 feet; thence south 89 degrees 06 minutes 00 seconds east 647.14 feet; thence north 01 degrees 47 minutes 35 seconds east 514.93 feet; thence along a 1970.00 foot radius curve to the left, having a central angle of 04 degrees 39 minutes 01 seconds and a chord bearing and distance of north 00 degrees 31 minutes 55 seconds west 159.84 feet; thence north 02 degrees 51 minutes 28 seconds west 53.25 feet to the point of beginning containing 10.79 acres.

be, and the same is hereby changed to Regional Commercial.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

Being no further business the meeting adjourned at 7:50 p.m.

 

 

______________________________________

            John E. Duso, Deputy City Clerk