November 14, 2005

 

A regular meeting of the City Council was held on Monday, November 14, 2005, at 7:00 p.m. in the Council Chambers of City Hall.  Selina Tisdale, City Clerk, opened the council meeting and invited those assembled to recite the Pledge of Allegiance to the Flag.

 

The roll of those elected to the office of Councilman in each of the City’s wards was then called:

                                        Ward I           Thomas W. Adams – present

                                        Ward II           James S. Myers – present

                                        Ward III          Hollis H. McKeag – present

                                        Ward IV         Bruce A. Johnson – present

                                        Ward V          Joseph M. Rokosz – present

 

Selina Tisdale then administered the Oath of Office to each Councilman.

 

SELECTION PROCESS OF MAYOR AND MAYOR PRO-TEM

Per City Charter the Council at its first regular meeting following each regular biennial city election shall select one of its members to serve as Mayor and one of its members to serve as Mayor Pro-Tem.  The Mayor shall be recognized as the executive head of the city and has an equal voice and vote in the proceedings of the Council.   The Mayor Pro-Tem shall perform the duties of the Mayor when, on account of absence from the city, disability, or otherwise, the Mayor is temporarily unable to perform the duties of his office.   The Mayor Pro-Tem shall preside over the meetings of the Council at the call of the Mayor.

 

Selina Tisdale, City Clerk, instructed that a written but public ballot could be used to elect the Mayor and Mayor Pro-Tem, if Council so desired, or the appointment could be made by a motion of one Councilman and seconded by another.  The newly elected Council agreed that the election of Mayor would be made by a motion and the Mayor Pro-Tem by public ballot.

 

MAYOR SELECTION

The role of the Mayor was summarized and the selection of the Councilman to that position was considered.  Councilman McKeag moved, seconded by Councilman Myers, that Bruce Johnson be selected as Mayor.  The following resolution was then presented for consideration:

 

RESOLVED, that Bruce A. Johnson is hereby selected to serve as Mayor of the City of Midland for the 2005-2007 term.  (Motion ADOPTED.)

 

MAYOR PRO-TEM SELECTION

The selection of the Mayor Pro-Tem was then considered. Selina Tisdale, City Clerk, read the results of the balloting and called for a motion based on the 3/2 vote for James S. Myers as Mayor Pro-Tem.  The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

RESOLVED, that James S. Myers is hereby selected to serve as Mayor Pro Tem of the City of Midland for the 2005-2007 term.  (Motion ADOPTED.)

 

Bruce Johnson, selected by his peers to serve as Mayor, accepted the gavel from Selina Tisdale, City Clerk.

 

Mayor Johnson then called for motions from Council to adopt Robert’s Rules of Order to govern the Council proceedings, adopt rules in recognition of the provisions of the Open Meetings Act, adopt rules in recognition of the provisions of the Freedom of Information Act and called for balloting to appoint councilmen to represent the City of Midland on the Midland Area Emergency Medical Board, the MBS International Airport Commission, and as the City of Midland’s Legislative Director.

 

ROBERT’S RULES OF ORDER

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

 

RESOLVED, that Robert’s Rules of Order Newly Revised edition, be and are hereby adopted to govern, during the current term, the proceedings of the Midland City Council.  (Motion ADOPTED.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE OPEN MEETINGS ACT

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

 

RESOLVED, that this resolution shall supercede the City Council resolution dated November 10, 2003, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed closed session of the City Council; and

RESOLVED FURTHER, that the following rules in recognition of the provisions of the Open Meetings Act are hereby adopted:

1.   Addressing Council Meetings:  Any person in attendance at a meeting of the City Council may address the Council any time his remarks are germane to the agenda item being discussed by the Council upon being recognized by the presiding officer.

          The agenda of every regular council meeting of the City shall include one agenda item described as either "public comment" or "new business".  The presiding officer shall recognize any person in attendance at the meeting under the provisions of these rules to speak under this agenda item on any subject upon which the Council may properly and lawfully take action.

          The presiding officer shall recognize members of the public for reasonable periods and under such conditions as the presiding officer may prescribe to prevent disruption of the business of the Council.

          The presiding officer shall not permit members of the public to discuss matters not germane to the agenda item being discussed nor shall the presiding officer permit obscene or insulting comments, actions or printed material.

          No person shall be permitted to address the Council unless recognized by the presiding officer and, upon such recognition, the person recognized shall speak at the microphone provided, if any, and give his name and address and disclose upon whose behalf he desires to address the Council if he is appearing in a representative capacity.

2.   Meeting Notices:  The City Clerk is hereby authorized and directed to make a reasonable estimate of the yearly cost of reproducing and mailing notices of all meetings of the City Council and, on an individual yearly basis, meeting notices for any board, commission, or committee of the City created by the ordinances of the City or resolution of the City Council.  Such reasonable estimated costs shall be filed in the office of the Clerk and shall be the charge made to a party making a written request for the same as provided in Section 6 (1) of the Open Meetings Act.

          However, no charge shall be made to any newspaper or radio and television station requesting such notices nor shall a charge be made to any party requesting meeting notices of the Council or of any single board, commission or committee.  A charge shall be made to a party, other than the news media, requesting annual notice for multiple types of meetings.

3.   Agendas:  Agendas published in advance and furnished to the City Clerk shall be provided to parties entitled to notice of public meetings pursuant to Sections 6 (1) and (2) of the Open Meetings Act and under the same provisions as part 2 above.

4.   Minutes:  The City Clerk shall determine the reasonable estimated cost of reproducing minutes of the City Council's meetings and the minutes of any board, commission and committee created by the ordinances of the City of resolutions of the City Council.  Such reasonable estimates of cost, based on four (4) cents per page plus the time required of the lowest paid, permanent, full‑time clerical employee of the Clerk's Office to retrieve and reproduce the requested minutes, calculated to the nearest one‑sixth of the hourly wage rate, shall be filed in the Clerk's Office.  There will be no charge for minutes when the cost is five dollars ($5.00) or less.  If the request for copies of minutes exceeds a total cost of five dollars ($5.00), the actual costs shall constitute the charge made pursuant to Section 9 of the Open Meetings Act.  (Motion ADOPTED.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT

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

 

RESOLVED, that the City of Midland hereby adopts the attached policy as its Freedom of Information Act Policy; and

RESOLVED FURTHER, that the attached documents shall be used to implement the FOIA policy; and

RESOLVED FURTHER, that the City Manager is hereby designated as the City of Midland’s Freedom of Information Act Coordinator.  (Motion ADOPTED.)

 

MIDLAND AREA EMERGENCY MEDICAL BOARD APPOINTMENT

Councilman Myers moved, seconded by Councilman McKeag, to appoint Councilman Adams to the Midland Area Emergency Medical Board.  The following resolution was then presented for consideration:

 

RESOLVED, that Thomas W. Adams be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Midland Area Emergency Medical Board.  (Motion ADOPTED.)

 

MBS INTERNATIONAL AIRPORT COMMISSION APPOINTMENT

Councilman Rokosz moved, seconded by Councilman Myers, to appoint Councilman McKeag to the MBS International Airport Commission. The following resolution was then presented for consideration:

 

RESOLVED, that Hollis McKeag be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Board of the MBS International Airport Commission.  (Motion ADOPTED.)

 

MIDLAND’S LEGISLATIVE DIRECTOR APPOINTMENT

Councilman Adams moved, seconded by Councilman Myers, to appoint Councilman Rokosz as the City of Midland’s Legislative Director.  The following resolution was then presented for consideration:

 

RESOLVED, that Joseph M. Rokosz be designated and is appointed as the City Council’s representative for the duration of his current term of office as the City of Midland’s Legislative Director.  (Motion ADOPTED.)

 

MINUTES

Approval of the minutes of the October 24, 2005 regular meeting was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 


ZONING PETITION NO. 1607

Assistant City Manager Jon Lynch introduced Zoning Petition No. 524 to rezone property at 405 Fast Ice Drive and 4228 Bay City Road from Agricultural to Residential Commercial Zoning.  A public hearing opened at 7:33 p.m.  Alex Irigoyen, 3717 Woodlawn, representing the petitioner, spoke in favor of the rezoning.  Edmund Villareal, 4124 Bay City Road, spoke regarding the rezoning and its negative impact on his property.  The public hearing closed at 7:38 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1607

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.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

Jill Sutton, of Mid-Michigan Community Action, spoke on behalf of the Midland Continuum of Care regarding Homeless Awareness Week.

Richard McCreadie, 2700 Washington Street, congratulated the new Council and suggested they consider moving to even-year elections to encourage more voter participation. 

Oswald Anders, Midland landlord, congratulated the new Council and spoke regarding private sector rental housing versus low-income rental housing provided by public or non-profit groups.

Fay Wood, 3501 Bay City Road, suggested Council consider placing their council meetings on regular television so that persons who can’t afford cable could still view council proceedings. 

 

PRELIMINARY PLAT OF TROTTER’S POINTE – TENTATIVE APPROVAL

Assistant City Manager Jon Lynch introduced tentative approval of the Preliminary Plat of Trotter’s Pointe, a residential subdivision located south of E. Wheeler Street and east of Liberty Drive.  Richard Fosgitt, of Bartow & King Engineers, spoke on behalf of the petitioner, Prodo, Inc., regarding on-site storm water detention.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Trotter’s Pointe; 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 Trotter’s Pointe, contingent upon the following conditions:

1.   Access to Lots 1 and 20 are restricted to Trotter’s Pointe Circle.

2.   Lot 4 is approved in excess of the 1 to 2.5 ratio.

3.   It is recognized that existing conditions warrant placement of the Trotter’s Pointe Circle intersection 500’ from Congress Drive.

4.   Fire hydrants must be installed prior to building construction.

5.   Temporary turnarounds capable of supporting a 60,000 pound fire apparatus must be provided at street terminations for each phase of construction.

6.   On street parking must be prohibited on the fire hydrant side of the public streets.

7.   No structure being constructed may be more than 150 feet from a fire access roadway.

8.   A storm water management plan must be submitted and approved by the Engineering Department.

9.   Any fences required for the storm water detention basin meet the dimensional aspect of the zoning provisions.

(Motion ADOPTED.)

 

SITE PLAN NO. 249 – MANUAL THERAPEUTICS

Assistant City Manager Jon Lynch introduced Site Plan No. 249 to construct an addition to the Manual Therapeutics building located at 1900 Ridgewood Drive.  Ellie Morse, Morse LLC and owner of Manual Therapeutics, spoke regarding the addition to her business.  Richard Fosgitt, of Bartow & King Engineers, spoke on the project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 249, the request of Bartow & King Engineers on behalf of Morse LLC – Manual Therapeutics to construct a 12,868 square foot addition on approximately 2.06 acres located at 1900 Ridgewood Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 249 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. 249, contingent upon the following:

1.         Site access, storm water, and parking lot access and maintenance easements are secured prior to construction commencing or the issuance of a certificate of occupancy.

2.         The dumpster enclosure is screened in accordance with the Zoning Ordinance requirements and that protective bollards are provided adjacent to its entry.

3.         All parking spaces are delineated by double striping along the sides.

4.         All exterior site lighting shall be fully shielded and all illumination shall not exceed 1.0 foot candle at the property lines.

5.         Storm water retention plans be approved by the City Engineering Department.

6.         A designated turn around, at least two parking spaces in width, be provided within the parking lot to accommodate public transportation vehicles.

7.         A site grading plan is submitted to the Building and Engineering Departments prior to construction commencing.

(Motion ADOPTED.)

 

SOCCER CLUB QUIT CLAIM DEED & PAYMENT AUTHORIZATION

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

 

WHEREAS, on March 8, 2004 City Council approved an agreement between the Midland Soccer Club and the City of Midland requiring a quit claim deed from the Midland Soccer Club to the City of Midland after completion of the roadway work connecting Joseph Drive to Diamond Drive, and requiring the City of Midland to reimburse the Midland Soccer Club for cost sharing related to said roadway work; and

WHEREAS, said roadway work has been completed and the Midland Soccer Club has requested said reimbursement; now therefore

RESOLVED, that the attached Quit Claim Deed from the Midland Soccer Club to the City of Midland, for transfer of road right-of-way through a parcel of land in the West ½ of the Southeast ¼ of Section 35, Township 14 North, Range 2 East, City of Midland, Midland County, State of Michigan, is hereby accepted and that the deed is ordered recorded; and

RESOLVED FURTHER, that the City shall pay the sum of One-Hundred Sixty-Eight Thousand Six-Hundred Seventy-Six Dollars and Thirty-Two Cents ($168,676.32) to the Midland Soccer Club for costs related to construction of a roadway through said parcel.  (Motion ADOPTED.)

 

HURON & EASTERN RAILWAY COMPANY, INC. – LICENSE & ACCESS AGREEMENT

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

 

RESOLVED, that the attached Occupancy License Agreement and Contractor Occupancy/Access Agreement from Huron & Eastern Railway Company, Inc. to the City of Midland, to occupy their property for pedestrian use located on the south side of Bay City Road at or near 500 feet west of Mile Post 15 of the Huron and Eastern Railroad right-of-way through a parcel of land in the Northeast ¼ of the Southwest ¼ of Section 24, Township 14 North, Range 2 East, City of Midland, Midland County, State of Michigan, are hereby accepted; and

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

 


TRAFFIC CONTROL ORDER P-05-11

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

 

RESOLVED, that Traffic Control Order No. P-05-11 filed July 25, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the north side of E. Sugnet Road between Swede Avenue and McKeith Street, and on the south side of E. Sugnet Road between Swede Avenue and 150 feet west of McKeith Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-05-12

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

 

RESOLVED, that Traffic Control Order No. P-05-12 filed July 25, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Jefferson Avenue from 200 feet north of Broadhead to Letts Road.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-05-01

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

 

RESOLVED, that Traffic Control Order No. R-05-01 filed July 25, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Jefferson Avenue between Wackerly Street and 200 feet north of Julie Ann Court shall be 35 m.p.h., and that TCO R-98-02 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-05-02

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

 

RESOLVED, that Traffic Control Order No. R-05-02 filed July 25, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Jefferson Avenue between Letts Road and 200 feet north of Julie Ann Court shall be 45 m.p.h.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-05-03

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

 

RESOLVED, that Traffic Control Order No. R-05-03 filed August 22, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Countryside Drive shall be 35 m.p.h.

is hereby made permanent.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER S-05-06

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

 

RESOLVED, that Traffic Control Order No. S-05-06 filed August 17, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Fast Ice Drive shall stop for Bay City Road.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-07

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

 

RESOLVED, that Traffic Control Order No. S-05-07 filed August 22, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Ross Court shall stop for Mertz Street.

is hereby made permanent.  (Motion ADOPTED.)

 

JEFFERSON WATER TOWER REPAIR AND PAINTING

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

 

WHEREAS, as part of scheduled maintenance the City contracted in 2003 with Dixon Engineering and Inspection Services of Lake Odessa to provide inspection services on the Jefferson Tower, resulting in a recommendation that metal repairs and re-painting of both inside and outside surfaces of the tower be commenced within two years; and

WHEREAS, on November 1, 2005 sealed bids for Bid No. 2895, 500,000 Gallon Jefferson Elevated Tank Repair and Painting have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the City’s consultant for this project has reviewed the bid proposals submitted and recommends award to the low bidder, Maguire Iron of Sioux Falls, South Dakota, in the amount of $182,500, and City Staff concurs with the recommendation made by its consultant; and

WHEREAS, this project has been budgeted for several consecutive years in the Water Fund and sufficient funds are available in account 591-8284-821.93-53 Elevated Tank Maintenance; now therefore

RESOLVED, that the low bid submitted by Maguire Iron of Sioux Falls, South Dakota is hereby accepted and a purchase order in an amount not to exceed $182,500 is authorized; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a contract with Maguire Iron subject to approval by the City Attorney; and

RESOLVED FURTHER, the City Manager is authorized to approve change orders in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

PURCHASE OF ADMINISTRATIVE CARS AND LIGHT DUTY VEHICLES

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

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan and Oakland County and the City of Midland is authorized to make purchases from these programs; and

WHEREAS, sufficient funding for the purchase of small administrative cars, police patrol cars, and light duty trucks is included in the 2005-06 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Oakland County’s selected vendor, Buff Whelan Chevrolet of Sterling Heights, Michigan in the amount of $41,359.16 for the purchase of one van and two ½ ton pick up trucks; and to the State of Michigan’s selected vendors, Gorno Ford of Woodhaven, Michigan in the amount of $170,587.00 for the purchase of four small administrative cars, four police patrol cars, one flat bed pick up truck and one crew cab pick up truck, and Snethkamp Dodge of Lansing, Michigan in the amount of $43,470.76 for the purchase of one mini-van, one supervisor pick up truck, and one fire department pick up truck, all in accordance with the Oakland County Cooperative Purchase Program and the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

FIRESTONE PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of parts and supplies for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17815 to Firestone of Bay City, Michigan up to the amount of $40,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

CIVIC ARENA CHANGE ORDER #11

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 #11 in the amount of $14,115.04, amending the contract with Three Rivers Corporation for the Civic Arena project which was approved on August 9, 2004; and

RESOLVED FURTHER, that the City Manager is authorized to approve future changes up to a cumulative amount of $20,000.  (Motion ADOPTED.)

 

MERS HEALTH CARE SAVINGS PROGRAM

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

 

UNIFORM RESOLUTION ADOPTING THE MERS HEALTH

CARE SAVINGS PROGRAM

DEFINED CONTRIBUTION PROGRAM PLAN 2

(EXCLUDING PLANS GOVERNED BY INTERNAL REVENUE CODE SECTION 401(H))

WHEREAS, the Municipal Employees' Retirement System ("MERS") Plan Document of 1996, effective October 1, 1996, authorized the Municipal Employees' Retirement Board ("Board") to establish additional programs including but not limited to defined benefit and defined contribution program (MERS Plan Document Section 36(2)(a)); and the Municipal Employees Retirement Act of 1984, Section 36(2)(a) as amended by 1996 PA 220, MCL 38.1536(2)(a));

WHEREAS, the Board has previously authorized MERS' establishment of a health care savings program ("HCSP" or "Program"), which a participating municipality or court, or another eligible public employer that is a political subdivision of the State which constitutes a "municipality" under MERS Plan Document Section 2B(4); MCL 38.1502b(2) ("Eligible Employer"), may adopt for its Eligible Employees;

WHEREAS, the Board has established a governmental trust under Section 115 of the

Internal Revenue Code (the "Trust Fund") to hold the assets of the HCSP, which Trust Fund shall be administered under the discretion of the Board as fiduciary, directly by (or through a combination of) MERS or MERS' duly-appointed Program Administrator;

WHEREAS, 1999 PA 149, the Public Employee Health Care Fund Investment Act,

MCL 38.1211 et seq. (“PA 149”) provides for the creation by a public corporation of a public employee health care fund, and its administration, investment, and management, in order to accumulate funds to provide for the funding of health benefits for retirees and beneficiaries;

WHEREAS, a separate MERS health care trust fund created under PA 149 also

constitutes a governmental trust established by a public corporation (“municipality”) as an Eligible Employer, provided that all such employers shall be the State of Michigan, its political subdivisions, and any public entity the income of which is excluded from gross income under Section 115 of the Internal Revenue Code; provided further, that the PA 149 trust shall not accept assets from any defined benefit health account established under Section 401(h) of the Internal Revenue Code;

WHEREAS, adoption of this Uniform Resolution (the “Uniform Resolution”) by the

Eligible Employer is necessary and required in order that the benefits available under the MERS Health Care Savings Program-Defined Contribution Program Plan 2 may be extended;

WHEREAS, this Uniform Resolution has been approved by the Board under the

authority of 1996 PA 220, MERS Plan Document Section 36(2)(a), MCL 38.1536(2)(a), declaring that the Board "shall determine . . . and establish" all provisions of the retirement system. The MERS PA 149 Health Care Trust Fund shall not be implemented with respect to any Eligible Employer unless in strict compliance with the terms and conditions of this Resolution, the HCSP Document, and Trust Agreement.

·         It is expressly agreed and understood as an integral and nonseverable part of extension or continuation of coverage under this Uniform Resolution Adopting MERS HCSP-Defined Contribution Program Plan 2 that Section 43B of the MERS Plan Document shall not apply to this Uniform Resolution, its administration or interpretation.

·         In the event any alteration of the language, terms or conditions stated in this Uniform Resolution Adopting MERS HCSP-Defined Contribution Program Plan 2 is made or occurs, under MERS Plan Document Section 43B or other plan provision or other law, it is expressly recognized that MERS and the Board, as 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 MERS HCSP or its Trust Fund; or to continue administration.

NOW, THEREFORE, BE IT RESOLVED that the governing body adopts the MERS

HCSP-Defined Contribution Program Plan 2 as provided below.

SECTION 1. MERS PROGRAM PLAN 2 PARTICIPATION

EFFECTIVE July 1, 2005, the MERS HCSP-Defined Contribution Program Plan 2 is hereby adopted by the City of Midland.

CONTRIBUTIONS. Basic Employer (Before-Tax) contributions shall be remitted to MERS by the Eligible Employer, and credited to the Eligible Employer’s separate fund within the MERS HCSP Trust Fund. No employee post-tax contributions are allowed. Employer contributions may be made as a percentage of salary and/or as a specified dollar amount as specified in the Participation Agreement.

FORFEITURE PROVISION. Upon separation from the service with the Employer

prior to meeting any HCSP-Defined Contribution Program Plan 2 required vesting schedule, or upon Death of the Participant, prior to meeting any Plan 2 required vesting schedule, a Participant’s account assets shall:

Check only one, as applicable:

o   Remain in the HCSP-Defined Contribution Program sub-trust to be reallocated among all Plan Participants in Program Plan 1 and Program Plan 2 on equal dollar basis

x Remain in the HCSP-Defined Contribution Program Plan 2 sub-trust to be used to offset future Employer Contributions

o   Be transferred to the Employer’s HCSP-Defined Benefit Program Plan 3 sub-trust.

INVESTMENT of funds accumulated and held in the Health Care Savings Program

Trust Fund shall be held in a separate reserve and invested on a pooled basis by MERS subject to the Public Employee Retirement System Investment Act ("PERSIA"), 1965 PA 314, as provided by MERS Plan Document Section 39; MCL 38.1539, and PA 149.

THE ELIGIBLE EMPLOYER shall abide by the terms of MERS HCSP-Defined

Contribution Program Plan 2, including all investment, administration, and service agreements, and all applicable provisions of the Code and other law. It is affirmed that no assets from any defined benefit health account established under Section 401(h) of the Internal Revenue Code shall be transferred to, or accepted by, MERS.

SECTION 2. IMPLEMENTATION DIRECTIONS FOR MERS AS HCSP

INVESTMENT FIDUCIARY AND TRUSTEE

(A) The governing body of this Eligible Employer desires that all assets placed in its MERS HCSP Trust Fund-Defined Contribution Program Plan 2 (as a sub-fund within all pooled HCSP trust funds with MERS) be administered by MERS, which shall act as investment fiduciary with all powers provided under Public Employee Retirement System Investment Act, pursuant to PA 149, all applicable provisions of the Internal Revenue Code and other relevant law.

(B) The governing body desires, and MERS upon its approval of this Resolution agrees, that all funds accumulated and held in the MERS HCSP Trust Fund shall be invested and managed by MERS within the collective and commingled investment of all HCSP funds held in trust for all Eligible Employers.

(C) All monies in the MERS HCSP Trust Fund (and any earnings thereon, positive or negative) shall be held and invested for the sole purpose of paying health care benefits for the exclusive benefit of “Eligible Employees” who shall constitute “qualified persons” who have retired or separated from employment with the Eligible Employer, and for any expenses of administration, and shall not be used for any other purpose, and shall not be distributed to the State.

(D) The Eligible Employer will fund on a defined contribution, individual account, basis its MERS HCSP Trust sub-fund to provide funds for health care benefits for “Eligible Employees” who shall constitute “qualified persons.” Participation in and any coverage under HCSP-Defined Contribution Program Plan 2 shall not constitute nor be construed to constitute an “accrued financial benefit” under Article 9 Section 24 of the Michigan Constitution of 1963.

(E) The Eligible Employer designates and incorporates as “Eligible Employees” who shall constitute “qualified persons” under this Defined Contribution Program Plan 2 Resolution those who are “Eligible Employees” as defined in the HCSP Participation Agreement under HCSP-Defined Contribution Program Plan 1.

(F) The Director of Human Resources shall be the Eligible Employer's HCSP Coordinator; shall designate in writing the “qualified persons” on whose behalf trust fund monies shall be made available under any MERS (or non-MERS) retiree health care benefit program, including, but not limited to, MERS HCSP, or MERS Premier Health; receive necessary reports, notices, etc.; shall act on behalf of the Eligible Employer; and may delegate any administrative duties relating to the Fund to appropriate departments.

SECTION 3. EFFECTIVENESS OF THIS RESOLUTION

This Resolution shall have no legal effect until a certified copy of this adopting Resolution shall be filed with MERS, and MERS determines that all necessary requirements under MERS Plan Document Section 36(2)(a), 1999 PA 149 and other relevant laws, and this Resolution have been met. Upon MERS’ determination that all necessary documents have been submitted, MERS shall record its formal approval upon this Resolution, and return a copy to the Eligible Employer's HCSP Coordinator as identified above.

In the event an amendatory resolution or other action by the Eligible Employer is required by MERS, 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 Program


Administrator if necessary). Section 54 of the MERS Plan Document shall apply to this Resolution and all acts performed under its authority. The terms and conditions of this Resolution supersede and stand in place of any prior resolution, and its terms are controlling.  (Motion ADOPTED.)

 

CHEMCONNECT AGREEMENT WITH CHEMICAL BANK

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

 

WHEREAS, Chemical Bank and Trust Company offers ChemConnect, an online banking service for businesses; and

WHEREAS, on March 10, 2003, City Council approved the Midland City Treasurer as the account supervisor for the ChemConnect service and authorized the Treasurer to execute the ChemConnect application for access to all accounts held at Chemical Bank and Trust, authorized the Treasurer to enter into a ChemConnect account agreement, and approved the  Treasurer and/or her designees to be responsible for maintaining the confidentiality of the PIN issued in connection with the ChemConnect service; and

WHEREAS, the Midland City Treasurer desires to expand the City’s utilization of ChemConnect to allow the transfer of payroll direct deposit information over the internet, rather than via a phone modem as currently done; and

WHEREAS, the Midland City Treasurer desires to expand the City’s utilization of ChemConnect to allow the transfer of City billing information for those customers participating in “autopay”, a billing option that will enable customers to pay certain City bills electronically; and

WHEREAS, utilizing these additional capabilities of ChemConnect will require executing a new agreement , and Chemical Bank and Trust Company requires that the governing body authorize a representative to execute this agreement; now therefore 

RESOLVED, that the Midland City Council hereby designates the Midland City Treasurer and Director of Fiscal Services as the account supervisors for the ChemConnect service and authorizes the Treasurer to execute the revised ChemConnect agreement, upon review and approval of the Midland City Attorney, to provide the additional capabilities mentioned herewith.  (Motion ADOPTED.)

 

APOTHECARY SHOPPE PHARMACIES – IFT APPLICATION

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

 

RESOLVED, that an application dated October 7, 2005 was received October 14, 2005, from the Apothecary Shoppe Pharmacies, 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 tax exemption certificate within the Apothecary Industrial Development District No. 1, relating to the purchase of personal property to equip a state-of-the art facility used specifically for pharmaceutical grade compounding, with the project having a cost of $120,436.41, and being expected to retain two existing jobs at the facility and create twenty new jobs within two years of project completion, 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, November 28, 2005, at 7:00 p.m., in the Council Chambers of the 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.)

 


PROPOSED AMENDMENT TO DDA DISTRICT BOUNDARIES

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

 

RESOLUTION CALLING PUBLIC HEARING

REGARDING AMENDMENT OF BOUNDARIES OF

CITY OF MIDLAND DOWNTOWN DEVELOPMENT AUTHORITY

WHEREAS, the City of Midland (the “City”) is authorized by the provisions of Act 197, Public Acts of Michigan, 1975, as amended (“Act 197”), to create a downtown development authority and to designate its boundaries; and

WHEREAS, the City has established the City of Midland Downtown Development Authority (the “DDA”) and designated the boundaries of the downtown district (the “District”); and

WHEREAS, the DDA has requested the City to expand the boundaries of the DDA for the purpose of adding property to the District to further encourage economic growth and correcting and preventing deterioration in the business portions of the District; and

WHEREAS, a proposed ordinance designating the amended District boundaries has been presented to the City Council; and

WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         The City Council determines that it is necessary for the best interests of the public to amend the boundaries of the DDA pursuant to Act 197 in order to correct and prevent deterioration of property value in the business district in the City and to promote economic growth, and the City Council hereby declares its intention to amend those boundaries.

2.         The District subject to the jurisdiction of the DDA as provided in Act 197 is hereby tentatively amended to add the parcel described on Exhibit A hereto.

3.         There shall be a public hearing on Monday, the 19th day of December, 2005, at 7:00 o’clock, p.m., in the City Hall in the City of Midland to consider adoption by the City Council of an ordinance amending the DDA boundaries.

4.         The City Clerk shall cause notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City, twice before the public hearing, each time not less than 20 and not more than 40 days before the date set for the public hearing.  The notice shall be published as a display advertisement prominent in size.  The City Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City, shall cause the notice to be mailed by certified mail to the governing body of each taxing jurisdiction levying taxes subject to capture by the DDA, and shall cause the notice to be posted in 20 prominent places in the proposed amended district not less than 20 days prior to the date of hearing.

5.         Consistent with applicable state statutes, the first reading of the Ordinance Amendment will occur on December 19, 2005 and to accommodate the mandatory 60-day comment period, the second reading of the Ordinance Amendment and subsequent adoption will occur on February 20, 2006.  (Motion ADOPTED.)

 

PROPOSED AMENDMENT TO DDA TAX INCREMENT FINANCING PLAN

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

 

RESOLUTION CALLING HEARING REGARDING

APPROVAL OF AMENDMENTS TO THE TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PLAN NO. 1 OF THE CITY OF MIDLAND DOWNTOWN DEVELOPMENT AUTHORITY

WHEREAS, the City of Midland, Counties of Midland and Bay, State of Michigan (the “City”), is authorized by the provisions of Act 197, Public Acts of Michigan, 1975, as amended (“Act 197”), to create a downtown development authority; and

WHEREAS, pursuant to Act 197, the City Council of the City duly established the City of Midland Downtown Development Authority (the “Authority”) which exercises its powers within the Downtown District designated by the City Council (the “District”); and

WHEREAS, the City Council approved the Authority’s Tax Increment Financing Plan and Development Plan No. 1 (the “Plan”), for the Development Area described in the Plan on December 11, 1989, as amended on December 16, 1991, pursuant to an ordinance duly adopted by the City; and

WHEREAS, in accordance with the provisions of Act 197, the Authority has prepared and submitted to the City Council for approval the amendments to the Plan attached hereto as Exhibit A (the “Plan Amendments”); and

WHEREAS, prior to approval of the Plan Amendments, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         The City Council hereby acknowledges receipt of the Plan Amendments from the Authority and directs the City Clerk to advise all local taxing jurisdictions of the Plan Amendments within the Authority’s District by certified mail.

2.         There shall be a public hearing on Monday, the 19th day of December, 2005, at 7:00 o’clock, p.m. at the City Council chambers to consider adoption by the City Council of an ordinance approving the Plan Amendments.

3.         The City Clerk shall cause notice of said public hearing to be published twice before the public hearing in the Midland Daily News, a newspaper of general circulation in the City, qualified under State law to publish legal notices.  The first such notice shall be published not less than 20 days, nor more than 40 days, before the date set for the public hearing and shall be published as a display advertisement prominent in size.  The Clerk also shall cause the notice to be mailed by first class mail not less than 20 days, nor more than 40 days, prior to the hearing to all property taxpayers of record in the Authority’s District as shown by the most recent tax roll of the City.  The Clerk also shall post, or cause the posting of, the notice in at least 20 conspicuous and public places in the District not less than 20 days, nor more than 40 days, before the hearing.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:47 p.m.

 

 

 

______________________________________

            Selina Tisdale, City Clerk