July 24, 2006

 

A regular meeting of the City Council was held on Monday, July 24, 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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the July 10, 2006, regular meeting was offered by Councilman Myers and seconded by Councilman Adams.  (Motion ADOPTED.)

 

CITY MANAGER RECRUITMENT PROCESS

Mayor Johnson introduced Steve Bernard, Senior Vice President of The PAR Group, who presented a report on the City Manager executive search process.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the attached first phase report on the City Manager Executive Search Process prepared by THE PAR GROUP is hereby received and placed on file in the Office of the City Clerk and the Grace A. Dow Memorial Library.  (Motion ADOPTED.)

 

INTERIM CITY MANAGER APPOINTMENT

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

 

WHEREAS, Karl S. Tomion, City Manager, will retire from the City of Midland, effective August 4, 2006, and an interim City Manager will need to be named until the City Council hires his replacement; and

WHEREAS, the City Manager serves as the City of Midland’s representative to the Saginaw-Midland Water Supply Corporation Board, the MBS International Airport Commission, the Joint Building Authority and the Larkin Parking Authority; now therefore

RESOLVED, that Jack Duso is hereby appointed as the Interim City Manager for the City of Midland, effective August 5, 2006, to serve until a permanent City Manager is hired; and

RESOLVED FURTHER, that the Interim City Manager will serve as the City of Midland’s duly appointed representative to the Saginaw-Midland Water Supply Corporation Board, the MBS International Airport Commission, the Joint Building Authority and the Larkin Parking Authority.  (Motion ADOPTED.)

 

STREET CLOSURE POLICY

City Engineer Brian McManus presented a report on the City of Midland Permanent Street Closure Policy for Local Residential Streets.  A public hearing opened at 8:13 p.m.  John Hess, 5105 Amberwood Court, spoke regarding the policy stating that such a policy was appropriate for the City.  The hearing closed at 8:16 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, the City Engineer has presented a proposed policy for considering Local Street closures in residential neighborhoods; and

WHEREAS, City Council held a public hearing to receive community input and comments on a proposed policy; now therefore

RESOLVED, that the City Council hereby adopts a City of Midland Permanent Street Closure Policy for Local Residential Streets.  (Motion ADOPTED.  Yeas:  Adams, Johnson, Myers, Rokosz   Nays:  McKeag)

 

 

REQUESTED GOLDENWOOD DRIVE STREET CLOSURE

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

 

WHEREAS, residents of the Amberwood Subdivision have requested that Goldenwood Drive be closed to through traffic at Hedgewood Drive; and

WHEREAS, the City Engineer has presented a report indicating the history of the Amberwood neighborhood concerns including Midland Police Department data and Traffic Engineering data; and

WHEREAS, the data does not indicate unusual neighborhood concerns significantly different from other areas of the city; now therefore

RESOLVED, that the City Manager is directed to notify the residents requesting the closure of Goldenwood Drive of the City Council’s Local Street Closure Policy and process.  (Motion ADOPTED.  Yeas:  Adams, Johnson, Myers, Rokosz  Nays:  McKeag)

 

ZONING TEXT AMENDMENT NO. 143A

Assistant City Manager Jon Lynch presented a proposed amendment to the City of Midland Zoning Ordinance, Article 30 – Section E Conditional Zoning Map Amendment Considerations.  A public hearing opened at 9:40 p.m., recognizing no public comments, the hearing closed at 9:40 p.m.  The following ordinance amendment was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

ORDINANCE NO. 1620

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 ORDINANCE BY AMENDING ARTICLE 30 SECTION E CONDITIONAL ZONING MAP AMENDMENT CONSIDERATIONS.  

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:

Article 30.00­­­­­—Amendments, to amend Section 30.03 E Conditional Zoning Map Amendment Considerations.

E.         Conditional Zoning Map Amendment Considerations

            1.         Intent

It is recognized that there are certain instances when it would be in the best interests of the City, as well as advantageous to property owners seeking a change in zoning classification, if certain conditions are proposed by property owners as part of a request for a zoning map amendment, otherwise referred to as rezoning.  It is the intent of this Section to provide a process consistent with the provisions of the City and Village Zoning Act by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

            2.         Application and Offer of Conditions.

                        a.         All owners of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested.  This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process. 

                        b.         The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this Section.

                        c.         The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district. 

                        d.         The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

                        e.         Any use or development proposed as part of an offer of conditions that would require a conditional land use permit under the terms of this Ordinance may only be commenced if a conditional land use permit for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

                        f.          Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is first granted by the Zoning Board of Appeals in accordance with the provisions of this Ordinance. 

                        g.         Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this Ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance. 

                        h.         The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner.  An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the City Council provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

            3.         Planning Commission Review

The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in Section 30.03 of this Ordinance, may recommend approval, approval with recommended changes or denial of the rezoning; provided however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

            4.         City Council Review

After receipt of the Planning Commission’s recommendation, the City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request.  The City Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Section 30.03 of this Ordinance.  Should the City Council consider amendments to the proposed conditional rezoning advisable, and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the City Council may accept such amendments.

            5.         Approval.

a.         If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this Section.  The Statement of Conditions shall be incorporated into the ordinance adopted by the City Council to accomplish the requested rezoning.

                        b.         The Statement of Conditions shall:

                                    i.          Be in a form recordable with the Register of Deeds of the County in which the land is located or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to the City Council. 

                                    ii.          Contain a legal description of the land to which it pertains.

                                    iii.         Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.

                                    iv.         Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions.  If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

                                    v.         Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof may be recorded by the City with the Register of Deeds of the County in which the land referenced in the Statement of Conditions is located. 

                                    vi.         Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

                        c.         Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a Statement of Conditions. The City Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.

                        d.         The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the City with the Register of Deeds of the County in which the land is located.  The City Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the City or to any subsequent owner of the land.

                        e.         Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

            6.         Compliance with Conditions

                        a.         Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions.   Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly.  Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

                        b.         No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.

           


7.         Time Period for Establishing Development or Use

Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion.  This time limitation may upon written request be extended by the City Council if:

 (1) it is demonstrated to the City Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

 (2) the City Council finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

            8.         Reversion of Zoning

If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection 7 above, then the land shall revert to its former zoning classification as set forth in MCL 125.584g.  The reversion process shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification.  The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

            9.         Subsequent Rezoning of Land

                        When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Subsection 8 above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect.  The City Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the Statement of Conditions is no longer in effect.

            10.       Amendment of Conditions

a.   During the time period for commencement of an approved development or use specified pursuant to Subsection 7 above or during any extension thereof granted by the City Council, the City shall not add to or alter the conditions in the Statement of Conditions. 

b.   The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

            11.       City Right to Rezone

Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the City from rezoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification.  Any rezoning shall be conducted in compliance with this Ordinance and the City and Village Zoning Act.

            12.       Failure to Offer Conditions

                        The City shall not require an owner to offer conditions as a requirement for rezoning.  The lack of an offer of conditions shall not affect an owner’s rights under this Ordinance.

F.         Notice of Record of Amendment Adoption

Following adoption of an amendment by the City Council, one notice of adoption shall be filed with the City Clerk and one notice shall be published in newspaper of general circulation in the City within fifteen (15) days after adoption, in accordance with Michigan Public Act 207 of 1921, as amended.  A record of all amendments shall be maintained by the City Clerk.  A master Zoning Map, including all map amendments by ordinance date, shall be maintained by the City.

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.)

 

2006-07 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Martin McGuire presented an amendment to the 2006-07 Equipment Revolving Fund budget to recognize an unanticipated expenditure for replacement of a police patrol car totaled in a recent collision.  A public hearing opened at 10:25 p.m., recognizing no public comments, the hearing closed at 10:25 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, July 24, 2006 on the proposal to amend the 2006-07 financial working plan of the Equipment Revolving Fund to recognize the unanticipated expense of replacing police patrol unit #1-43 that was totaled in an accident in May and to recognize the resulting unanticipated revenue from insurance proceeds; and

WHEREAS, there are sufficient funds in the Equipment Revolving Fund working capital account to cover the remaining cost of the replacement vehicle; now therefore

RESOLVED, that the 2006-07 financial working plan of the Equipment Revolving Fund is hereby amended to increase expenses by $23,000 for the purchase of a new police cruiser, and to increase revenues by $11,775 to recognize the insurance money recovered for the wrecked vehicle.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Greg Weisbarth, President of the Midland Professional Fire Fighters Union 1315, spoke in favor of the successful negotiation process that led to the fire fighters contract adopted by Council on this agenda.  Mr. Weisbarth, on behalf of the fire fighters and the fire fighters union, also thanked City Manager Karl Tomion for his years of service to the City of Midland and wished him well in his new position with the City of Port Huron.

 

CIVIC ARENA FEES ORDINANCE AMENDMENT

Director of Public Services Martin McGuire presented the second reading of an ordinance to amend Civic Arena fees.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Myers:

 

ORDINANCE NO. 1621

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

(1)

Individual Ice Skaters

$       3.00

 

per session

(2)

Skating Pass (25 admissions)

$     65.00

 

per pass

(3)

Skate Rental

$       2.00

 

per session

(4)

Rink Rental

$   175.00

 

per hour

(5)

Rink Rental (M-F, 6:00 a.m. – 2:00 p.m.)

$   125.00

 

per hour

(6)

Summer Rink Rental

$   175.00

 

per hour

(7)

Non-Ice Rental (Equivalent to 2 rinks)

$ 2000.00

 

per day

(8)

Non-Ice Rental (Equivalent to 1 rink)

$ 1000.00

 

per day

(9)

Non-Ice Rental (Equivalent to ˝ rink)

$   500.00

 

per day

Section 2.        This Ordinance shall take effect on August 1, 2006.  (Ordinance ADOPTED.)

 

CIVIC ARENA BALLOT LANGUAGE

Assistant City Manager Jon Lynch presented Civic Arena ballot language for consideration of approval at the August 14, 2006 City Council meeting.  Dan Veresh, 515 E. Nelson Street, encouraged City Council to not proceed with the ballot language to sell the Civic Arena land for development purposes but instead retain the area as park land.  Mr. Veresh submitted a petition reflecting the signatures of more than 500 residents who also oppose the development of the Civic Arena property.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City has determined it beneficial and appropriate to consider discontinuation of approximately 5.4 acres out of a total of 18 acres of Central Park currently occupied by the former Midland Civic Arena for the purpose of selling that acreage and facility to The Villas of Central Park, LLC for redevelopment into a senior citizen residential project; and

WHEREAS, provisions of Section 4.7 and Section 5.7 of the Midland City Charter require that the matter be presented to the electorate of the City during a general election; now therefore

RESOLVED, that the City Council hereby receives the following proposed ballot language for consideration of approval on Monday, August 14, 2006, at 7:00 p.m. in the Council Chambers, City Hall:

Shall 5.4 acres out of a total of 18 acres of Central Park (as more particularly described below) be discontinued as park property and the City of Midland be granted authority to sell said proposed discontinued Central Park property to the Villas of Central Park, LLC pursuant to City Charter provision §4.7(c) for the purposes of redevelopment of the former Midland Civic Arena into a senior citizen residential project.

Legal Description

Commencing at the intersection of the South R.O.W. line of Rodd Street with the East R.O.W. line of Collins Street in section 16, T.14.N., R.2.E., City of Midland, Midland County, Michigan; thence South-East 532 feet, more or less, along the East R.O.W. line of Collins Street, to the point of beginning; thence South East along the East R.O.W. line of Collins Street, to the intersection of the East R.O.W. line of Collins Street with the South edge of the south extension of the Civic Arena Building; thence East along the South edge of the Civic Arena Building to the East Edge of the Civic Arena Building; thence North along the East edge of the Civic Arena Building and its Northerly extension 544 feet, more or less; thence West 273, more or less; thence South 147 feet, more or less; thence West 213 feet, more or less; thence South to the point of beginning.

 

 

(Motion ADOPTED.  Yeas:  Adams, Johnson, McKeag, Myers   Nays:  Rokosz)

 

2006 CITY COUNCIL GOALS REPORT

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

 

RESOLVED, that the attached 2006 City Council goals dated July 24, 2006 are hereby received and ordered filed in the Office of the City Clerk and at the Grace A. Dow Memorial Library.  (Motion ADOPTED.)

 

2006 PERFORMANCE MEASURE REPORT

Assistant City Manager Jack Duso presented the 2006 Performance Measure Report.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the attached performance measure report on selected City services is hereby received and placed on file in the City Clerk’s office and the Grace A. Dow Memorial Library.  (Motion ADOPTED.)

 

GENERAL FUND’S OPERATIONS & MILLAGE RATES FIVE YEAR PROJECTION

Fiscal Services Director David Keenan presented the Five Year Projection of the City of Midland’s General Fund’s Operations and Millage Rates.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the five year projection of the City of Midland’s General Fund’s operations and millage rates for years ending 2007-08 through 2011-12, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

SPECIAL ASSESSMENT DISTRICT REFUNDS

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

 

WHEREAS, the final costs for the various special assessment districts as listed below, have been determined; and

            Project

           Number                                    Description                                          Refund Roll                

            LS0208                        2002 Lee Street Improvement                        $  17,871.42

            SW0113                      2001 Perrine Sanitary Sewer                                5,637.52

            SW0204                      2002 Lee Sewer Improvement                           16,833.21   

            SW0401                      2004 Isabella Sewer Improvement                       1,106.16

            WD0001                      1999 Huntley/Laughton/Welch Water Main          2,270.40

            WD0207                      2002 Lee Water Main Improvement                     7,955.91

            WD0213                      2002 Stark Road Main Improvement                    1,355.20

                        TOTAL            DUE PROPERTY OWNERS                                                $  53,029.82

WHEREAS, the actual improvement costs left unexpended balances for these districts in amounts that exceeded five percent of the expenditures for each district; and

WHEREAS, Section 20-38 of the Code of Ordinances provides in instances where unexpended balances are greater than five percent of the funds expended, that a refunding program is required on a pro-rata basis in accordance with assessments levied on the Assessment Roll;  now therefore

RESOLVED, that the refund due property owners amounting to $53,029.82, relating to the special assessment districts as reported above, be accomplished by crediting unpaid assessment balances or in cases where assessments have been paid in full, by refund check made payable to the current property owner unless there is a contractual agreement otherwise.  (Motion ADOPTED.)

 

ANNEXATION – 3702 OAKBROOK DRIVE

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SEC 34 T15N R2E COM AT SE COR OF LOT 11 OAKBROOK ESTATES, TH E 213.14 FT, N 9D 14M E 232.2 FT, N 50D 9M W ALG CUL-D-SAC 43.16 FT, N 85D 42M W 218.02 FT, S 271.66 FT.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin by the property owner which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-06-04

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

 

RESOLVED, that Traffic Control Order No. P-06-04 filed May 3, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Vail Street from Jefferson Avenue to 50 feet east of Jefferson Avenue.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-06-05

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

 

RESOLVED, that Traffic Control Order No. P-06-05 filed May 3, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the west side of Bayliss Street 50 feet from the rear entrance to 2900 Rodd Street (post office).

is hereby made permanent.  (Motion ADOPTED.)

 

ARC WALK, STROLL AND ROLL EVENT – AMPLIFIED SOUND REQUEST

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

 

RESOLVED, that the request from The Arc of Midland for amplified sound during The Arc Walk, Stroll and Roll event on Saturday, August 12, 2006, is hereby approved; and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion ADOPTED.)

 

CHECK SIGNING & ELECTRONIC TRANSFER OF FUNDS – AUTHORIZATION UPDATE

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

 

WHEREAS, Chemical Bank & Trust Company and Comerica Bank have been designated as depositories of the City of Midland, a Municipal Corporation; and

WHEREAS, Section 11.9 of the City Charter provides that all checks drawn from the treasury shall be signed by two officers of the City to be registered by resolution of the City Council; and

WHEREAS, current City Manager, Karl S. Tomion, will be resigning from the City of Midland on or about August 4, 2006; and

WHEREAS, a permanent replacement for position of City Manager is not yet know; and

WHEREAS, Chemical Bank & Trust Company and Comerica Bank require approval of persons authorized to initiate and receive fund transfers payable from or to the accounts of the City of Midland; now therefore

RESOLVED, that effective August 4, 2006, all checks drawn against the City treasury shall be signed by John E. Duso, Assistant City Manager, and Sandy Marshall, Midland City Treasurer; and  

RESOLVED FURTHER, that such authorization in the preceding paragraph shall remain in effect until changed by Council resolution; and

RESOLVED FURTHER, that Sandy Marshall, Midland City Treasurer, or David A. Keenan, Fiscal Services Director are hereby authorized to execute and deliver to Chemical Bank & Trust Company and Comerica Bank such agreements, amendments and other documents as Chemical Bank & Trust Company or Comerica Bank may from time to time require as a prerequisite to initiating and receiving any fund transfers payable from or to the account of the City of Midland.   This resolution shall be in full force and effect and binding upon the City of Midland and that Chemical Bank & Trust Company and Comerica Bank may presume that the above named persons remain authorized as set forth herein until this resolution is repealed, revoked or amended and written notice of such is delivered to Chemical Bank & Trust Company or Comerica Bank at a time and in a manner affording both banks a reasonable opportunity to act upon the written notice so received; and be it further

RESOLVED, that the above named persons shall also be authorized to execute and deliver to any bank, to complete an authorized transaction, such agreements, amendments and other documents as the bank may from time to time require as a prerequisite to initiating and receiving any fund transfers payable from or to the accounts of the City of Midland.  The City Clerk shall file, with said banks, a certified copy of this resolution.  (Motion ADOPTED.)

 

FIRE FIGHTERS LOCAL 1315 LABOR AGREEMENT

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Professional Fire Fighters, Local 1315, for labor contract changes effective July 1, 2006 and expiring June 30, 2011; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

ELECTRONIC ON-LINE SERVICES & BOOKS - LIBRARY

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

 

WHEREAS, Thomson Gale of Farmington Hills, MI is the sole vendor of the electronic on-line services and books that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2006/2007 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic on-line services and books from Thomson Gale is hereby approved in an amount not to exceed $45,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

PERIODICALS & NEWSPAPER SUBSCRIPTIONS - LIBRARY

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for periodical and newspaper subscription services for the Grace A. Dow Memorial Library; and

WHEREAS, the proposal submitted by Magazine Subscription Service Agency is the lowest bid; and

WHEREAS, funding is available in the 2006/2007 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2948 submitted by Magazine Subscription Service Agency for periodical and newspaper subscription services for the Grace A. Dow Memorial Library in an amount not to exceed $23,000 is hereby accepted and the necessary purchase order authorized.  (Motion ADOPTED.)

 

2006 SWEDE AVENUE FLOW DIVERSION; CONTRACT NO. 14

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for sanitary sewer improvements at the intersection of Swede Avenue and Sugnet Road; and

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

RESOLVED, that the low sealed proposal submitted by Porath Contractors, Inc. of Houghton Lake, Michigan, for the "2006 Swede Avenue Flow Diversion; Contract No. 14", in the indicated amount of $69,773.00, 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 change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

TWO FRONT MOWERS AND TRACTORS PURCHASE

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

 

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 one John Deere #1435 mower, one John Deere #1545 mower, and one John Deere #3720 tractor, with trade-ins, Bid No. 2951; and

WHEREAS, funding for the mowers and tractor is included in the 2006-07 Equipment Revolving Fund and Parks budgets for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to J&D Equipment of Burton, Michigan in the net amount of $33,906.27 for the purchase of one John Deere #1435 mower and one John Deere #1545 mower, including trade-in of city equipment numbers 4-20 and 4-21; and to D&G Equipment of  Corunna, Michigan in the net amount of $16,385.78 for the purchase of one John Deere #3720 tractor, including trade-in of city equipment number 4-90, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

CREW CAB & PICK-UP TRUCKS PURCHASE

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

 

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

WHEREAS, sufficient funding for the purchase of crew cab and ˝ ton pick up trucks is included in the 2006-07 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendors, Berger Chevrolet of Grand Rapids, Michigan in the amount of $13,828.23 for the purchase of one ˝ ton pick up truck, and Gorno Ford of Woodhaven, Michigan in the amount of $39,750.00 for the purchase of two crew cab pick up trucks, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

DILLOWAY DRIVE SEWER LINER REPAIR

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

 

WHEREAS, in January of this year a sanitary sewer riser failure on Dilloway Dr. caused several homes to experience sewer backups; and

WHEREAS, video inspection of the Dilloway Dr. sewer from Eastman to Seibert St. revealed many offset joints, cracked risers, and some sewer repairs that had been done in the 1970’s; and

WHEREAS, staff determined that lining the 10-inch Dilloway Dr. sewer from Eastman Ave. to 300 feet west of Siebert St. is the most economical and least disruptive method; and

WHEREAS, in November 2001 sewer liner repairs were bid, resulting in Council approval of a pricing structure submitted by Insituform Technologies USA, Inc. of Detroit, based on length and diameter of the repair, and is being honored for this lining project; and

WHEREAS, the cost of lining approximately 1,450 feet of sewer pipe is $50,750.00 (1,450 x $35.00) and the cost of reinstating 34 sewer risers is $6,800.00 (34 x $200.00), for a total project cost of $57,550.00; and

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

RESOLVED, that a purchase order is hereby authorized to Insituform Technologies USA, Inc. in the amount of $57,550.00; and

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

 

WATER METERS AND ACCESSORIES PURCHASE

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

 

WHEREAS, the City standardized water meters in 1987, selecting Invensys Metering Systems (formerly Sensus Technologies) through competitive bid, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, sealed bids for purchase of Invensys water meters and accessories, Bid 2930, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for meters and accessories is provided in Water Fund Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that the bid submitted by Etna Supply Company of Grand Rapids, Michigan, for the indicated prices, is accepted and a purchase order is hereby authorized in an amount not to exceed $100,000.00 for purchases of meters and accessories for fiscal 2006/07.  (Motion ADOPTED.)

 

2006 SWEDE AVENUE RECONSTRUCTION & WATER MAIN – CHANGE ORDER #1

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

 

WHEREAS, on June 26, 2006, Council awarded a contract for the 2006 Swede Avenue Reconstruction and Water Main, Contract No. 8, to Pat’s Gradall Service of Midland in the amount of $611,665.00 to provide for reconstruction and resurfacing of Swede Ave. from Wackerly St. to Wheeler St., and for the installation of a new 16-inch water main; and

WHEREAS, video recording of the sanitary sewer along the indicated stretch of Swede Avenue took place this past spring, however the evaluation of data was not concluded until after bids for the reconstruction and water main project were solicited, and necessary sewer repairs were not included in the project; and

WHEREAS, the results of the video evaluation revealed that five separate areas of vitrified clay pipe (VCP) either had sizable cracks, leaky joints, or broken risers, allowing excessive infiltration of ground water that have the potential to fail in the future; and

WHEREAS, a proposal has been received from Pat’s Gradall Service in the amount of $38,444.25 to include the necessary sewer repairs in Contract No. 8, as it would be more cost effective to fix these sewer problems before the street is reconstructed; and

WHEREAS, funding for the sanitary sewer repairs is available in Wastewater Fund account #590-9120-912.97-50 – Sewer System; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 to Contract No. 8, thereby increasing the total amount of the contract and associated purchase order to $650,109.25.  (Motion ADOPTED.)

 

POLICE RADIOS & EQUIPMENT

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

 

WHEREAS, bids for police radios and equipment are solicited by the State of Michigan  and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a Digitac Comparator and Astro TAC Receiver is available in the Capital Purchase budget for the police department; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Anderson Radio from Saginaw, MI in the amount of $46,706.00 for the purchase of one Digitac Comparator and accessories and one AstroTAC Receiver site and accessories, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

PROPOSED 2006-07 LOCAL STREET MAINTENANCE FUND AMENDMENT

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

 

WHEREAS, the $94,000 was included in the Community Development Block Grant budget for  fiscal year 2006-2007 for the purpose of paving Third Street between Indian Street and Pine Street; and

WHEREAS, it is necessary to amend the 2006-2007 Local Street Maintenance Fund budget to recognize this additional revenue and to recognize the additional expenditures associated with this project; now therefore

RESOLVED, that a public hearing will be held on August 14, 2006, for the purpose of amending the City of Midland’s Local Street Maintenance Fund budget to include the above described project.  (Motion ADOPTED.)

 

PROPOSED WASHINGTON WOODS BUDGET AMENDMENT

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

 

WHEREAS, The Charles J. Strosacker Foundation has contributed $10,000 to Washington Woods, a City of Midland senior housing facility, to update furnishings in the first floor lobby area, and

WHEREAS, it is the intent of the City of Midland to expend these funds during the 2006-07 fiscal year, for the purpose for which they were contributed, and

WHEREAS, these funds were not anticipated when the 2006-07 budget for the Washington Woods fund was approved; therefore, a budget amendment to the 2006-07 budget of Washington Woods is necessary to expend these funds; now therefore

RESOLVED, that City Council accepts the $10,000 contribution from The Charles J. Strosacker Foundation to update the furnishings in the first floor lobby area of the Washington Woods senior housing facility; and

RESOLVED FURTHER, 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, August 14, 2006, in the Council Chambers of City Hall on the proposal to amend the 2006-07 Washington Woods budget in order to increase outside contributions revenue by $10,000, and increase furniture expenditures by $10,000.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 11:31 p.m.

 

 

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            Selina Tisdale, City Clerk