June 12, 2006
A regular meeting of the City Council was held on Monday, June 12, 2006, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Johnson presided. The Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the May 22, 2006 regular, May 30, 2006 and June 1, 2006 special meetings was offered by Councilman Myers and seconded by Councilman McKeag. (Motion ADOPTED.)
DOT HORNSBY DAY
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation designating June 16, 2006, as Dot Hornsby Day in Midland. (Motion ADOPTED.)
AMATEUR RADIO WEEK
Communications Coordinator Libby Richart introduced Midland Amateur Radio Club Treasurer Larry Macklin who spoke regarding a proclamation proclaiming June 18-25, 2006 as Amateur Radio Week in Midland. The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation designating the week of June 18-25, 2006, as Amateur Radio Week in
Midland. (Motion ADOPTED.) Mayor Johnson presented the proclamation to Midland
Amateur Radio Club Member Larry Macklin.
2005 POLICE
OFFICER OF THE YEAR
Police Chief James St. Louis introduced Warrant Officer Marc Purtell as the 2005 Carl and Esther Gerstacker Law Enforcement Officer of the Year recipient. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED, that the City Council hereby recognizes Midland City Police Warrant Officer Marc Purtell as the Midland Exchange Club recipient for the 2005 Carl & Esther Gerstacker Law Enforcement Officer of the Year. (Motion ADOPTED.)
ZONING PETITION
NO. 530
Assistant City Manager Jon Lynch introduced Zoning Petition No. 530 – a request to rezone property at 4203 E. Ashman Street from Industrial A to Residential B zoning. A public hearing opened at 7:24 p.m., recognizing no public comments, the hearing closed at 7:24 p.m. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:
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 RESIDENTIAL
B ZONING WHERE A INDUSTRIAL A 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:
COMMENCING TWENTY (20)
RODS (334.54’) EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION
12, T14N, R2E FOR THE POINT OF BEGINNING, THENCE NORTH EIGHTY (80) RODS
(1317.61’); THENCE EAST TWENTY (20) RODS (332.70’); THENCE SOUTH EIGHTY (80)
RODS (1317.22’); THENCE WEST TWENTY (20) RODS (334.54’) TO THE POINT OF
BEGINNING, CONTAINING TEN (10) ACRES OF LAND, BEING A PART OF SOUTHWEST ¼ OF
THE SOUTHEAST ¼, SECTION 12, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN.
be, and the same
is hereby changed to Residential B.
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 DENIED. Yeas: None Nays: Adams, Johnson, McKeag, Myers, Rokosz)
CONDITIONAL USE
PERMIT NO. 22
Assistant City Manager Jon Lynch introduced Conditional Use Permit No. 22 – a request to allow a single family dwelling in an Office Service Zone at 416 George Street. A public hearing opened at 7:33 p.m. The petitioner Tom McCann spoke in favor of the request. The hearing closed at 7:35 p.m. The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, Tom McCann has submitted a request
for a conditional use permit review and approval to allow a single family
dwelling in an office service zone at 416 George Street; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
1. The proposed garage is illustrated on the
site plan and meets applicable setbacks.
2. Driveway locations and the curb cut are
illustrated on the site plan.
in accord with Section 28.02(B) of the Zoning
Ordinance of the City of
RESOLVED, that the City Council finds the
request for the conditional use permit to be in accord with Section 28.03 of
the Zoning Ordinance of the City of Midland, and hereby approves Conditional
Use Permit No. 22, in accord with documents provided and submitted at the
meeting of May 22, 2006. (Motion
ADOPTED.)
DOW CHEMICAL & DOW AGROSCIENCES IFT APPLICATIONS – PUBLIC
HEARINGS
City Assessor Reid Duford introduced three
Industrial Facilities Exemption Certificate applications for The Dow Chemical
Company and one for Dow Agrosciences, LLC. A public hearing opened at 7:40 p.m. Midland Tomorrow Executive Director Scott
Walker spoke in favor of the exemption certificates. Michigan Operations Site Logistics Leader
Kevin DeLine outlined the projects and encouraged
Council support. The following four
resolutions were then presented for consideration:
DOW CHEMICAL COMPANY – IFT APPLICATION ($1,500,000)
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS, the
Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was
established by resolution of the Midland City Council on September 25, 1978;
and
WHEREAS, The Dow
Chemical Company made an application dated May 4, 2006, which was received by
the City Clerk on May 5, 2006, for an Industrial Facilities Exemption
Certificate relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $1,500,000, which includes $1,000,000 in new personal
property and $500,000 in real property improvements with the same being located
within the Michigan Division Dow Chemical Company Plant Rehabilitation District
No. 1 to allow The Dow Chemical Company to make facility upgrades to both real
and personal property within the 438 and 354 Buildings to accommodate
commercial scale product development equipment and to establish consolidated
product testing; 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
June 12, 2006, 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 a
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 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 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 Chemical
Company 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 Exemption certificate from
The Dow Chemical Company for a new facility approval within the Plant
Rehabilitation District be and the same is hereby approved for a period of 12
years with an ending date of December 30, 2018; 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 Chemical Company pursuant
to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
DOW CHEMICAL COMPANY – IFT APPLICATION ($6,000,000)
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the
Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was
established by resolution of the Midland City Council on September 25, 1978;
and
WHEREAS, The Dow
Chemical Company made an application dated May 4, 2006, which was received by
the City Clerk on May 5, 2006, for an Industrial Facilities Exemption
Certificate relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $6,000,000, which includes $5,800,000 in new personal
property and $200,000 in real property improvements with the same being located
within the Michigan Division Dow Chemical Company Plant Rehabilitation District
No. 1 to allow The Dow Chemical Company to make building additions and
modifications and to purchase personal property for a Dow Automotive
performance center project linked to project Daytona that will allow
development of low volumes of specialty products and new technologies to be implemented
prior to large volume production; 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
June 12, 2006, 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 a
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 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 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 Chemical
Company 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 Exemption certificate from
The Dow Chemical Company for a new facility approval within the Plant
Rehabilitation District be and the same is hereby approved for a period of 12
years “after completion”; 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 Chemical Company pursuant
to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
DOW CHEMICAL COMPANY – IFT APPLICATION ($15,700,000)
The following resolution was offered by
Councilman McKeag and seconded by Councilman Adams:
WHEREAS, the
Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was
established by resolution of the Midland City Council on September 25, 1978;
and
WHEREAS, The Dow
Chemical Company made an application dated May 10, 2006, which was received by
the City Clerk on May 10, 2006, for an Industrial Facilities Exemption
Certificate relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $15,700,000, which includes $13,600,000 in new personal
property and $2,100,000 in real property improvements with the same being
located within the Michigan Division Dow Chemical Company Plant Rehabilitation
District No. 1 to allow The Dow Chemical Company to make a building addition
and purchase personal property for a DowPharma
project involving the production of an active pharmaceutical product in Building
1 at Dow’s Michigan Operations; 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
June 12, 2006, 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 a
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 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 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 Chemical
Company 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 Exemption certificate from
The Dow Chemical Company for a new facility approval within the Plant
Rehabilitation District be and the same is hereby approved for a period of 12
years with an ending date of December 30, 2018; 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 Chemical Company pursuant
to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
DOW AGROSCIENCES, LLC – IFT APPLICATION
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the
Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was
established by resolution of the Midland City Council on September 25, 1978; and
WHEREAS, Dow Agrosciences, LLC made an application dated May 4, 2006,
which was received by the City Clerk on May 5, 2006, for an Industrial
Facilities Exemption Certificate relating to approval of a new facility within
said District; and
WHEREAS, the application
for the certificate is for approval of a new facility with the total project
cost of $6,855,000, which includes $6,765,000 in new personal property and
$90,000 in real property improvements with the same being located within the
Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, and
being intended to allow Dow Agrosciences, LLC to
rehabilitate, reconfigure and re-pipe existing structures and equipment at the
680 and 1000 Buildings at Michigan Operations for the production of DE-742, a
new cereal herbicide; 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
June 12, 2006, 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 a
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 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 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 Dow Agrosciences, LLC 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 Exemption certificate from
Dow Agrosciences, LLC for a new facility approval
within the Plant Rehabilitation District be and the same is hereby approved for
a period of 12 years “after completion”; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and Dow Agrosciences,
LLC pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
PUBLIC COMMENTS
No public comments were made.
WATER & SEWER RATES ORDINANCE AMENDMENTS
Utilities Director Noel Bush presented
information on amendments to the City of Midland Water and Sewer Rates. The following two amendments were then
presented for first reading and consideration:
WATER RATES AMENDMENT – FIRST READING
Introduction and first reading of the
following ordinance amending water rates was offered by Councilman McKeag and
seconded by Councilman Adams:
ORDINANCE NO. _______
AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION
28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.
The City of
Midland Ordains:
Section
1. Section 28-52 of Division 3 of
Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as
follows:
Sec. 28-52. Filtered water
rate generally.
The city's
methodology of adjusting water rates shall be in accordance with the cost of
service water and sewer rate study prepared by the city's consultant, presented
to and approved by the council in 1993 and shall be in conformity with the
findings set forth in section 28-2 of this chapter.
All filtered water
bills shall be calculated according to the following:
(1)
For each one thousand (1,000) gallons used per
quarter: $1.03 $1.06
In addition to the rate set forth in this
section for the use of water, there shall be a readiness-to-serve charge per
quarter on each metered service as follows:
|
Metered
Service |
|
AMOUNT |
|
5/8" – ¾" |
|
$28.74 |
|
1" |
|
$37.36 |
|
1 –
½" |
|
$45.98 |
|
2" |
|
$74.72 |
|
3" |
|
$287.40 |
|
4" |
|
$373.62 |
|
6" |
|
$546.06 |
|
8" |
|
$775.98 |
(2) Gross rates shall be ten (10) percent
greater than the above schedule of rates and shall be charged for water service
paid for after the date shown on the bills.
Section
2. This ordinance shall take
effect upon publication. (Motion ADOPTED. Considered first reading.)
SEWER RATES AMENDMENT – FIRST READING
Introduction and first reading of the
following ordinance amending sewer rates was offered by Councilman McKeag and
seconded by Councilman Rokosz:
ORDINANCE NO. _______
AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION
28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of
Midland Ordains:
Section
1. Section 28-163 of Division 3 of
Article III of Chapter 28 of the Code of Ordinances is hereby amended to read
as follows:
Sec. 28-163. Amount of sewer charge.
The city's
methodology of adjusting sewer rates shall be in accordance with the cost of
service water and sewer rate study prepared by the city’s consultant, presented
to and approved by the council in 1993 and shall be in conformity with the
findings set forth in Section 28-4 of this chapter.
The
charges for sewer service shall be calculated according to the following
schedule:
(1)
There shall be a readiness-to-serve charge per
quarter on each metered water service as follows:
|
Metered
Service |
|
AMOUNT |
|
5/8" – ¾" |
|
$33.77 |
|
1" |
|
$43.90 |
|
1 –
½" |
|
$54.03 |
|
2" |
|
$87.80 |
|
3" |
|
$337.69 |
|
4" |
|
$439.00 |
|
6" |
|
$641.61 |
|
8" |
|
$911.77 |
(2)
In
addition to the readiness-to-serve charge set forth in subsection (1) of this
section, there will be an additional charge for sewer service, which will be
calculated as follows:
For
each 1,000 gallons of water used per quarter: $1.57 $1.61
However, bills for
sewer services for two (2) summer quarters for domestic customers, schools and
churches shall be based on the average consumption during two (2) winter
quarters. In cases where there is no previous consumption upon which to base
bills for sewer services in the summer quarters, twenty-five thousand (25,000)
gallons or actual consumption, whichever is the least, shall be used.
Section
2. This ordinance shall take
effect upon publication. (Motion
ADOPTED. Considered first reading.)
PROPOSED STREET FUNDS TRANSFER – BASEBALL STADIUM
Assistant City Manager Jon Lynch spoke
regarding a public hearing scheduled for June 26, 2006 regarding an amendment
to the 2006-07 major street fund and local street fund budgets to recognize
additional revenue from County Road Millage and transfer funds for the construction
of infrastructure improvements to support the new baseball stadium
facility. He also introduced a
resolution appointing Director of Public Services Martin McGuire to serve as
the City’s representative on the Michigan Baseball Foundation. Michigan Baseball Foundation Vice President
and Secretary Michael Hayes spoke regarding the baseball stadium project and
the appointment of Martin McGuire to the foundation board. The following resolution was then offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the Michigan Baseball Foundation has
submitted a request that the City of Midland undertake construction of public
improvements supporting a baseball stadium; and
WHEREAS, such improvements are anticipated in
Site Plan No. 250 which was approved by the
WHEREAS, the City of Midland has been
unsuccessful is securing grant funding to finance construction of said
improvements; and
WHEREAS said improvements consist of a public
water main valued at $180,000 and improvements to Mill Street, Haley Street,
East Buttles Street, Lyon Street, and East Indian Street valued at $450,000; and
WHEREAS installation of the water main is to
be financed via a transfer within the existing Water Fund budget; now therefore
RESOLVED, that in accord with Section 11.6 of
the Charter of the City of Midland, a public hearing shall be conducted at 7:00
p.m., Monday, June 26, 2006, in the Council Chambers of City Hall on the proposal
to amend the Major Street Maintenance Fund and Local Street Maintenance Fund 2006-07
budgets to recognize $450,000 of additional county road millage, and to
increase appropriations by $450,000 to transfer $410,000 to the Major Street
Construction Fund and $40,000 to the Local Street Construction Fund. (Motion ADOPTED.)
CITY REP FOR THE MICHIGAN BASEBALL FOUNDATION
The following resolution was offered by
Councilman Adams and seconded by Councilman Rokosz:
WHEREAS, the Michigan Baseball Foundation has submitted a request that Marty McGuire, Director of Public Services for the City of Midland, be appointed to the Michigan Baseball Foundation Board of Directors; now therefore
RESOLVED, that the
SITE PLAN NO. 252
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 252 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. 252, contingent upon the following:
1. Stormwater detention system is re-verified to determine that it can handle the new runoff.
2. Verification that the private sanitary system will handle the additional capacities.
3. New and relocated exterior lighting shall be fully shielded and not exceed 1.0 foot
candle of illumination at the property line.
4. Any new or restriped parking spaces must be delineated with “box” style striping.
(Motion ADOPTED.)
SITE PLAN NO. 253
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 253 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. 253, contingent upon the following:
1. The stormwater detention system is designed and constructed in accord with
2. All exterior lighting adheres to Section 3.12 of the Zoning Ordinance.
3. All landscaping adheres to Article 6 of the Zoning Ordinance.
4. All parking spaces must be delineated with “box” style striping.
5. Any proposed site signage adheres to Article 8 of the Zoning Ordinance.
(Motion ADOPTED.)
ROLLING MEADOWS ESTATES NO. 1 – TIME
EXTENSION
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City Council has received a request from Gary Bartow, Bartow & King Engineers, on behalf of Prodo Inc., for a one-year time extension for the Tentative Approval of the Preliminary Plat of Rolling Meadows Estates No. 1; and
WHEREAS,
Tentative Approval of the Preliminary Plat expires
WHEREAS, the City Council has reviewed the request for the time extension of the Tentative Approval of the Preliminary Plat of Rolling Meadows Estates No. 1; now therefore
RESOLVED, that the City Council does hereby approve a one-year time extension until June 27, 2007, for the Tentative Preliminary Plat of Rolling Meadows Estates No. 1. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the City Assessor is
hereby authorized and instructed to spread upon the July 2006 tax roll, Special
Assessments in the various amounts as indicated herein:
1994 Street Improvement $ 2,963.52
1996 Street Improvement 4,680.91
2001 Street Improvement 4,903.44
2002 Street Improvement 7,063.78
2005 Street Improvement 2,881.19
Subtotal Street
Improvement Rolls $ 22,492.84
1994 Sanitary Sewer Improvement $ 1,521.64
1996 Sanitary Sewer Improvement 2,602.46
1998 Sanitary Sewer Improvement 1,733.90
2001 Sanitary Sewer Improvement 883.73
2002 Sanitary Sewer Improvement 15,307.01
2003 Sanitary Sewer Improvement 19,407.55
Subtotal Sanitary Sewer
Improvement Rolls $ 41,456.29
1998 Water Main Improvement 18,965.77
2002 Water Main Improvement 17,807.46
Subtotal Water Main
Improvement Rolls $ 36,773.23
2001 Sidewalk Improvement 1,629.45
2004 Sidewalk Improvement 5,914.48
2005 Sidewalk Improvement
3,457.42
Subtotal Sidewalk
Improvement Rolls $ 11,001.35
2005 Downtown Economic Revitalization Roll
(SARA) $ 36,005.00
Accounts Receivable Roll $ 44,638.49
TOTAL SPECIAL ASSESSMENT ROLL $
192,367.20
; and
RESOLVED FURTHER, that the current accounts
receivable listed herein be transferred to the 2006 General Fund Tax Roll
Accounts Receivable. (Motion ADOPTED.)
CLAIMS AGAINST THE CITY SETTLEMENTS
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on March 8, 2004 the
WHEREAS, the City
RESOLVED, that authorization is
hereby granted to the City
RESOLVED
FURTHER, that joint authorization is hereby granted to the City
2006 SIDEWALK CONSTRUCTION AGREEMENTS
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on May 8, 2006, City Council granted property owners in the
2006 Sidewalk Improvement Program the option of installing their own sidewalks
upon submission of a legal agreement acceptable to the City Attorney; and
WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement
to be used for said purpose and which states that the sidewalk must be
constructed by no later than July 31, 2006; and
WHEREAS, the City Engineering Department has received two (2) Sidewalk
Construction Agreements from property owners desiring to install their own walk
which are listed below:
|
PARCEL CODE |
OWNER |
|
|
14-05-60-006 14-02-40-550 &
560 |
KEVIN K. &
CONNIE M. GEILING DANNY W. &
KRISTY I. NAGEL |
|
; now therefore
RESOLVED, that the Mayor and City Clerk are authorized to sign the
Sidewalk Construction Agreements prepared by the City Attorney for parcels in
the 2006 Sidewalk Improvement Program.
(Motion ADOPTED.)
2005 ANNUAL DRINKING WATER QUALITY REPORT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the 2005 Annual Drinking Water
Quality Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)
GAS TO ENERGY FEASIBILITY STUDY FOR
LANDFILL
Utilities Director Noel Bush introduced Dr. Kevin Foye of CTI and Associates, Inc. who presented a report on a gas to energy feasibility study for the City of Midland Landfill. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:
RESOLVED, that the report prepared by CTI
& Associates on the Gas to Energy Feasibility Study for the City of Midland
Landfill be received and filed in the office of the City Clerk. (Motion ADOPTED.)
DECANTERS LLC -
LIQUOR LICENSE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
It is the consensus of this legislative
body that the application be: Recommended
for issuance. (Motion ADOPTED.)
PIZZA SAM, INC. –
LIQUOR LICENSE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
MERS RETIREE
HEALTH FUNDING
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
UNIFORM RESOLUTION ADOPTING THE MERS
RETIREE HEALTH FUNDING VEHICLE
(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 retiree health funding vehicle ("RHFV" 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 RHFV, 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 MERS health care trust fund 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 health care 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 Retiree Health Funding Vehicle 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 RHFV shall
not be implemented with respect to any Eligible Employer unless in strict
compliance with the terms and conditions of this Resolution, the Trust
Document, and Trust Agreement. Retiree Hlth FundVeh 11-15-05 1
• It is expressly agreed and understood as an integral and nonseverable part of extension or continuation of coverage
under this Uniform Resolution Adopting MERS Retiree Health Funding Vehicle 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 Retiree Health
Funding Vehicle 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 RHFV or its Trust
Fund; or to continue administration.
NOW, THEREFORE, BE IT RESOLVED that the governing body
adopts the MERS PA 149 Health Care Trust Fund as provided below.
SECTION 1. MERS RHFV PROGRAM
EFFECTIVE June
12, 2006 , the MERS Retiree Health Funding
Vehicle is hereby adopted by the City of Midland .
(MERS municipality or court or other eligible employer)
CONTRIBUTIONS shall be made only by the Eligible Employer,
remitted to MERS by the Eligible Employer, and credited to the Eligible
Employer’s separate fund within the trust subfund for
MERS RHFV. As this Plan is funded solely by employer, on a cash or actuarial
basis as determined by the employer, there is no requirement for a
Participation Agreement establishing the schedule of contributions.
INVESTMENT of funds accumulated and held in the 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 RHFV,
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 RHFV INVESTMENT FIDUCIARY AND
TRUSTEE
(A) The governing body of this Eligible Employer desires
that all assets placed in its MERS RHFV (as a sub-fund within all pooled 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, 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 RHFV
Trust Fund shall be invested and managed by MERS within the collective and
commingled investment of all funds held in trust for all Eligible Employers.
(C) All monies in the MERS RHFV 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 its MERS RHFV Trust
sub-fund to provide funds for health care benefits for “Eligible Employees” who
shall constitute “qualified persons.” Participation in and any coverage under
RHFV shall not constitute nor be construed to constitute an “accrued financial
benefit” under Article 9 Section 24 of the Michigan Constitution of 1963, nor
shall any contribution method for Eligible Employer funding other than “pay as
you go” cash funding be required or imposed, and all benefits, rights, and
obligations conferred by or arising under RHFV shall be as provided under the
RHFV documents.
(E) The Eligible Employer generically designates the
following groups of persons as “Eligible Employees” who shall constitute
“qualified persons,” to receive retiree health care benefits subsidized under
the MERS RHFV trust sub-fund. Groups may include any dependent(s) as specified
in your bargaining agreement and/or personnel policy (provide copies of any
governing agreement or other policy): For example “non-union employees”
Eligible
Retired City Employees & Dependents
(F) The Director of Fiscal Services (Use title of official, not name) shall be the
Eligible Employer's RHFV Coordinator; shall direct payment of fund monies for
the benefit of the Eligible Employees identified in (E) under any MERS (or
non-MERS) retiree health care benefit program, including, but not limited to,
MERS HCSP, or MERS Premier Health; make investment allocations of the
Employer’s sub-trust fund within MERS-approved portfolios; 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 RHFV 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.)
POST EMPLOYMENT
HEALTH CARE BOARD OF TRUSTEES - DISSOLVED
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, on April 24, 2000, the
WHEREAS, on June 12, 2006,
WHEREAS, the Board has recommended
to
RESOLVED, that the City of
Midland Post Employment Health
LOCAL BRIDGE
PROGRAM FUNDING – AIRPORT ROAD OVER STURGEON CREEK
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the Michigan Department of Transportation is soliciting
applications for rehabilitation projects within the Local Bridge Program; and
WHEREAS, The Airport Road over Sturgeon Creek Bridge meets requirements
for Federal and State bridge rehabilitation funding; and
WHEREAS, selected projects will be funded during the 2008/9 and 2009/10
fiscal years; and
WHEREAS, the application requires City Council support; now therefore
RESOLVED, that the City Council supports
pursuing Local Bridge program funding for rehabilitation of the Airport Road
over Sturgeon Creek Bridge. (Motion ADOPTED.)
LICENSE AGMT – GRAND CURVE TRAIL ON DOW
PROPERTY
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the attached License Agreement from The Dow Chemical
Company, to the City of Midland, for a proposed non-motorized paved pathway
across property owned by The Dow Chemical Company along the east side of State
Street from Main Street to Buttles Street; the south
side of Buttles Street from State Street to Lyon
Street and the south side of Patrick Road from east of Swede Avenue to one half
mile east of Waldo Avenue, is hereby accepted and that the Mayor and City Clerk
are authorized to sign said agreement. (Motion ADOPTED.)
2006 STATE
DRAIN STORM SEWER OUTLET REPAIR; CONTRACT NO. 13
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the repair
of six storm sewer outlets into the State Drain between Main Street and Saginaw
Road; and
WHEREAS, funding for this project is provided by a cost sharing grant
of 75% from the MDEQ (Clean Michigan Initiative) to the Midland Conservation
District and the City of Midland funding 25% of the cost from the Storm Water
Utility portion of the General Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Sterling
Excavation, Inc. of West Branch, Michigan, for the "2006 State Drain Storm
Sewer Outlet Repairs; Contract No. 13", in the indicated amount of
$19,595.00, based upon City estimated quantities is hereby accepted and the
Mayor and the City Clerk are authorized to execute a contract therefore in
accord with the proposal and the City's specifications; and
RESOLVED FURTHER, that the City Manager has
the authority to approve any change orders modifying or altering this contract
in an aggregate amount up to $10,000. (Motion ADOPTED.)
2006 SALZBURG
WATER MAIN REPLACEMENT; CONTRACT NO. 11
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the
replacement of the water main on Salzburg Road from Saginaw Road to the
railroad tracks; and
WHEREAS, funding for this project is provided by the Water Fund; now
therefore
RESOLVED, that the low sealed proposal submitted by Eric Construction,
Inc. of St. Charles, Michigan, for the "2006 Salzburg Water Main
Replacement; Contract No. 11", in the indicated amount of $87,265.20,
based upon City estimated quantities is hereby accepted and the Mayor and the
City Clerk are authorized to execute a contract therefore in accord with the
proposal and the City's specifications; and
RESOLVED FURTHER, that the City Manager has
the authority to approve change orders modifying or altering this contract in
an aggregate amount not to exceed $20,000. (Motion ADOPTED.)
BIKE PATH – MDOT CONTRACT NO. 06-5179
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the Michigan Department of Transportation, MDOT, has submitted
Contract No. 06-5179 to the City of Midland for approval of funding for the
construction of a bike path from Jefferson Avenue to the Midland Mall; and
WHEREAS, the total estimated cost of the project is $170,800, and that
$91,630 will be paid from a transportation enhancement grant, and that the
remaining cost of $79,170 will be paid by the City of Midland General Fund; and
WHEREAS, the City of Midland desires having said bike path constructed;
now therefore
RESOLVED, that the City Council hereby approves the
proposed Michigan Department of Transportation Contract No. 06-5179 and
authorizes the Mayor and City Clerk to execute the contract on behalf of the
City of Midland following final approval by the City Attorney. (Motion ADOPTED.)
BARSTOW AIRPORT
RUNWAY 18/36 REHAB – MDOT CONTRACT 2006-0399
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, a proposed Contract No. 2006-0399 has been submitted to the
City of Midland by the Michigan Department of Transportation for approval of
funding for the rehabilitation of Runway 18-36 and parallel taxiway at Jack
Barstow Municipal Airport; and
WHEREAS, the total estimated cost of the project is $606,100 and a
block grant from the Federal Aviation Administration (FAA) along with State
funds is providing 97.5%, or $590,948, and the City of Midland General Fund is
providing 5%, or $15,152; and
WHEREAS, the City of Midland desires to have said runway and taxiway
rehabilitated; now therefore
RESOLVED, that the City Council hereby approves the
proposed Michigan Department of Transportation Contract No. 2006-0399 and authorizes
the Mayor and City Clerk to execute the contract on behalf of the City of
Midland, following final approval by the City Attorney. (Motion ADOPTED.)
BARSTOW AIRPORT – MDOT CONSTRUCTION CONTRACT NO. FM 56-1-C37
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, Michigan Department of
Transportation Construction Contract No. FM 56-1-C37 has been submitted to the City of Midland for approval of
the construction contract with Pyramid Paving & Contracting Co., Inc. for
the rehabilitation of Runway 18/36 and parallel taxiway at Jack Barstow
Municipal Airport; and
WHEREAS, the City of Midland approved a contract with MDOT to approve
funding for said work; and
WHEREAS, the City of Midland supports having said runway and taxiway
rehabilitated; now therefore
RESOLVED, that the City Council hereby approves the proposed Michigan
Department of Transportation Construction Contract No. FM 56-1-C37 with Pyramid
Paving & Contracting Co., Inc of Essexville, Michigan and authorizes the
Mayor and City Clerk to execute the contract on behalf of the City of Midland
following final approval of the contract by the City Attorney. (Motion ADOPTED.)
PROFESSIONAL
SERVICE AGMT AMENDMENT – BARSTOW RUNWAY DESIGN
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, on October 10, 2005 a professional services agreement was
approved between the City of Midland and Mead & Hunt, Inc. for the design
of Runway 18/36 and parallel taxiway rehabilitation at Barstow Municipal
Airport; and
WHEREAS, an amendment to said agreement was provided to the City of
Midland by Mead & Hunt, Inc. to include construction administration
services; and
WHEREAS, the City of Midland approved a contract with MDOT to approve
funding for said work in accordance with Federal, State, and local cost sharing
formulas; and
WHEREAS, the City of Midland supports having said construction
administration services rendered; now therefore
RESOLVED, that the City Council hereby approves the
amended professional services agreement with Mead & Hunt, Inc. of Lansing,
Michigan and authorizes the Mayor and City Clerk to execute the agreement on
behalf of the City of Midland following final approval of the amended agreement
by the City Attorney. (Motion ADOPTED.)
CALCIUM OXIDE
PURCHASE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals -
Calcium Oxide, Bid No. 2932, for a period of one year beginning July 1, 2006,
have been advertised and received in accord with Section 2-18 of the Midland
Code of Ordinances; and
WHEREAS, sufficient funds have been budgeted in the 2006/07 Water Fund,
account #591-8162-811.76-56 - Chemicals; now therefore
RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of
Pittsburgh, PA for the indicated price per ton of $129.49 for up to 1,200 tons per year, at a
total contract amount not to exceed $155,388.00, is hereby accepted and a
purchase order is authorized. (Motion
ADOPTED.)
FERRIC CHLORIDE
PURCHASE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, sealed bids for the contract of Water Treatment Chemicals -
Ferric Chloride, Bid No. 2932, for a period of one year beginning July 1, 2006,
have been advertised and received in accord with Section 2-18 of the Midland
Code of Ordinances; and
WHEREAS, sufficient funds have been provided in the 2006/07 budgets for
the Water Fund account #591-8162-811.76-56 - Chemicals and in the Wastewater
Fund account #590-8142-811.76-56 - Chemicals.; now therefore
RESOLVED, that the low sealed proposal submitted by PVS Technologies of
Detroit, Michigan for the indicated price per ton of $297.82 for up to 500 tons (250 each for the
Water and Wastewater Treatment Plants), at a total aggregate contract amount
not to exceed $148,910.00, is hereby accepted and purchase orders are
authorized. (Motion ADOPTED.)
BOOK ORDERING AND
PROCESSING SERVICES - LIBRARY
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS,
sealed bids were received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for book ordering and book processing services for the Grace
A. Dow Memorial Library in July 2002; and
WHEREAS,
the proposal submitted by Brodart Co. was determined
to produce the lowest net cost to the City for the purchasing and processing of
books for the library; and
WHEREAS,
Brodart Co. has agreed to extend the same discounts,
terms and conditions of the current contract into fiscal year 2006/2007; now
therefore
RESOLVED,
that the current contract with Brodart Co. for book
ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2006/2007 in an amount not
to exceed $325,000 and the necessary purchase order authorized. (Motion ADOPTED.)
LEGAL SERVICES –
DIOXIN ISSUES
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the law firm of Miller,
Canfield, Paddock & Stone, PLC has been retained by the City of Midland to
assist in reviewing The Dow Chemical Company’s revised Scope of Work and the
Interim Response Activities relating to the dioxin issues with the Michigan Department
of Environmental Quality to determine the impact on both public and private
property within the City of Midland; and
WHEREAS, on June 28, 2004, Council authorized payments to Miller, Canfield, Paddock & Stone, PLC for the aforementioned services in a total amount not to exceed $380,000; and
WHEREAS, the cost of said legal
and consulting fees is expected to exceed the previously approved amount and
therefore approval of the
WHEREAS, sufficient budgetary
funding exists within the 2005-2006 and 2006-2007 City
WHEREAS, the above-referenced
services are hereby determined to be professional services within the meaning
of Section 2-19 of the Code of Ordinances and do not require sealed proposals;
now therefore
RESOLVED, that payment to the law
firm of Miller, Canfield, Paddock & Stone, PLC for
their assistance in connection with the aforementioned lawsuit is hereby
authorized in an amount not to exceed $600,000.
(Motion ADOPTED.)
GOLF COURSE
CHEMICALS - PURCHASE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, sealed proposals were advertised
and received in accord with Article II of Chapter 2 of the Midland Code of
Ordinances for the purchase of golf course chemicals, Bid No. 2935; and
WHEREAS, funding for
these golf course supplies is included in the 2005-06 and 2006-07 Golf Course Fund budgets under
“Horticultural Supplies”; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Turfgrass, Inc. of South Lyon, Michigan
up to the amount of $90,000, and to Lesco, Inc. of
Cleveland, Ohio up to the amount of $30,000 for chemicals in accordance with
their proposals and city specifications. (Motion ADOPTED.)
ICELESS SKATING
RINK
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the Downtown Development Authority
Board of Directors and City Council have previously approved the funding of a
portable synthetic rink from Florida Skating; now therefore
RESOLVED, that the Downtown Development
Authority is authorized to purchase said rink prior to the 2006/2007 budget
year in the amount of $36,700. (Motion
ADOPTED.)
2006 SIDEWALK
IMPROVEMENT SPECIAL ASSESSMENT ROLL
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2006 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore
RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the tenth day of July, 2006 to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and
RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior the date of the tenth day of July, 2006, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion ADOPTED.)
CONDITIONAL USE PERMIT NO. 21
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, Verizon
Wireless has submitted a request for a conditional use permit review and
approval to allow a 140 foot monopole cellular tower at Elisenal
north of Home Depot; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
1. The
equipment shelter is setback at least 25 feet from the front property line as
required by the Zoning Ordinance.
2. All
barbed wire is removed from the proposed site fence.
3. The
access driveway is constructed of sufficient material to support a 60,000 lb.
fire apparatus in all weather conditions.
4. The
maintenance/removal affidavit is provided to the City Attorney prior to
Conditional Use Permit approval.
5. The
petitioner agrees to co-location requirements set forth in the Zoning
Ordinance.
in accord with Section 28.02(B) of the Zoning
Ordinance of the City of
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, June 26, 2006, at
7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the request for a conditional use permit; and
RESOLVED FURTHER, that the
City Clerk is hereby directed to notify property owners and occupants within three
hundred (300) feet of the area proposed by transmitting notice on June 16, 2006
and to publish said notice on June 17, 2006.
(Motion ADOPTED.)
Being no further business the meeting adjourned at 9:20 p.m.
______________________________________
Selina Tisdale, City