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.
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
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.)
The selection of the Mayor Pro-Tem
was then considered. Selina Tisdale, City
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.
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.)
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that this resolution shall
supercede the
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.)
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.)
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.)
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.)
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.)
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
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,
WHEREAS, the Midland City
WHEREAS, the Midland City
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
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