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.
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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 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
INTERIM CITY MANAGER APPOINTMENT
The following resolution was offered by Councilman Adams and seconded by Councilman Rokosz:
WHEREAS, Karl S. Tomion, City
WHEREAS, the City
RESOLVED, that Jack Duso is
hereby appointed as the Interim City
RESOLVED FURTHER, that the
Interim City
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,
RESOLVED, that the
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
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
3.
The
4. City Council Review
After receipt of
the
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
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
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:
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(1) |
Individual
Ice Skaters |
$ 3.00 |
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per session |
|
(2) |
Skating
Pass (25 admissions) |
$ 65.00 |
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per pass |
|
(3) |
Skate
Rental |
$ 2.00 |
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per session |
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(4) |
Rink Rental |
$ 175.00 |
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per hour |
|
(5) |
Rink Rental
(M-F, |
$ 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
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
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
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
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
WHEREAS, a permanent replacement for position of
City
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
WHEREAS, staff determined that
lining the 10-inch Dilloway Dr. sewer from Eastman Ave. to 300 feet west of
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
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
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
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.
______________________________________
Selina Tisdale, City