September 18, 2006

 

A regular meeting of the City Council was held on Monday, September 18, 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

Councilmen absent:

Joseph Rokosz

 

MINUTES

Approval of the minutes of the August 28, 2006, regular and September 6, 2006, special meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

2006-07 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

City Engineer Brian McManus presented an amendment to the 2006-07 Major Street Maintenance Fund budget to recognize revenue from outside contributions and requested approval for Michigan Department of Transportation Contract No. 06-5379 Non-Motorized Trail.  A public hearing opened at 7:18 p.m., recognizing no public comments, the hearing closed at 7:18 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, that 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 on September 18, 2006 on the proposal to amend the Major Street Maintenance Fund’s 2006-07 budget to recognize $516,675 of revenues from donations and to increase appropriations by $516,675 to transfer additional funds to the Major Street Construction Fund to fund trail projects related to State Contract 06-5291 and 06-5379; now therefore

RESOLVED, that the Major Street Maintenance Fund’s 2006-07 budget be amended to recognize $516,675 or more of revenues from donations and to increase appropriations by $516,675 or more to transfer additional funds to the Major Street Construction Fund to fund trail projects related to State Contract 06-5291 and 06-5379.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 06-5379 NON-MOTORIZED TRAIL

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

 

WHEREAS, a proposed Contract No. 06-5379 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the installation of a non-motorized trail with adjacent landscaping and street lighting; and

WHEREAS, this project will connect the rail trail path with the recently completed path along US-10 BR/M-20 from State Street to Washington Street; and

WHEREAS, the total estimated cost of the related project is $851,600, of which cost shares for Federal Aid will be $425,800, for MDOT will be $170,300 and for the City of Midland will be $255,500; and

WHEREAS, donations will contribute $215,500 and the Downtown Development Authority will contribute $40,000 of the City cost share for Contract No. 06-5379; and

WHEREAS, the City of Midland supports having described work completed; and

WHEREAS, the City Attorney has approved the proposed contract; and

WHEREAS, this contract is subject to receipt of said donations and after necessary Major Street funds are made available through budget amendment; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 06-5379 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering related contracts in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

2006-07 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

City Engineer Brian McManus presented an amendment to the 2006-07 Major Street Maintenance Fund budget to recognize unanticipated revenue from prior year funds and requested approval for the 2006 Pine River Wetland Creation; Contract No. 9.  A public hearing opened at 7:27 p.m., recognizing no public comments, the hearing closed at 7:27 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, that 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 on September 18, 2006, on the proposal to amend the Major Street Maintenance Fund’s 2006-07 budget to recognize $235,000 of additional revenues from a prior year construction project, and to increase appropriations by $235,000 to transfer said prior year funds to the Major Street Construction Fund for the purpose of developing a wetland mitigation bank at Pine River Park; now therefore

RESOLVED, that the Major Street Maintenance Fund’s 2006-07 budget be amended to recognize $235,000 of additional revenues from a prior year construction project, and to increase appropriations by $235,000 to transfer said prior year funds to the Major Street Construction Fund.  (Motion ADOPTED.)

 

2006 PINE RIVER WETLAND CREATION; CONTRACT NO. 9

The following resolution was offered by Councilman McKeag 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 the construction of a wetland mitigation area in Pine River Park located in Porter Township; and

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

RESOLVED, that the low sealed proposal submitted by L.J. Construction, Inc. of Clifford, Michigan, for the "2006 Pine River Park Wetland Creation; Contract No. 9", in the indicated amount of $188,910.00, 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.)

 

2006-07 BUDGET AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2006-07 City budgets and financial working plans to provide funding for June 30, 2006 encumbrances.  A public hearing opened at 7:33 p.m., recognizing no public comments, the hearing closed at 7:33 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, that 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, September 18, 2006, on the proposal to amend the budgets of the General Fund, Major Street Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2006-2007 fiscal year and to amend the financial working plans of the Civic Arena Fund, Landfill Fund, Washington Woods Fund, Riverside Place Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Geographical Information Systems Fund, Equipment Revolving Fund, and Service Center Rental Fund, for the 2006-2007 fiscal year in order to provide funding for June 30, 2006 encumbrances; now therefore

RESOLVED, that the 2006-2007 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

   General Government                                                                              $        345,925

   Public Safety                                                                                                      14,500

   Public Works                                                                                                      51,115

   Sanitation                                                                                                              5,000

   Parks and Recreation                                                                                      311,202

   Airport                                                                                                                   5,000

   Other functions                                                                                                 915,429

           Total General Fund                                                                                1,648,171

Major Street Fund                                                                                                193,726

Cable Communications Fund                                                                                    640

Downtown Development Authority Fund                                                             160,000

Civic Arena Fund                                                                                                   81,818

Landfill Fund                                                                                                        781,254

Washington Woods Fund                                                                                     36,986

Riverside Place Fund                                                                                            25,000

Transportation Fund                                                                                            100,000

Wastewater Fund                                                                                                229,173

Water Fund                                                                                            $        2,513,462

Data Processing Operations Fund                                                                     231,572

Geographical Information Systems Fund                                                             55,726

Equipment Revolving Fund                                                                                   71,100

Service Center Rental Fund                                                                                  58,000

; and

RESOLVED FURTHER, the Major Street Fund 2006-07 budget be amended by increasing Federal grant revenue by $193,726 to re-authorize the MDOT N. Saginaw Road Reconstruction Grant project.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

OFF-HELIPORT OR HELISTOP HELICOPTER LANDINGS

City Engineer Brian McManus introduced the first reading of an ordinance amending Sec. 4-22 of the Code of Ordinances to allow helicopter landings on public property with City Council approval.  After Council discussion, the following resolution was offered by Councilman Adams and seconded by Councilman Myers:

 

RESOLVED, that city staff is hereby directed to make any necessary wording changes and incorporate helicopter landing standards into an amendment of Sec. 4-22 of the Code of Ordinances to allow helicopter landings subject to City Council approval. (Motion ADOPTED.)

 


ACCESS & PARKING EASEMENT AGREEMENT (EAST PINE STREET)

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

 

RESOLVED, that the attached Access and Parking Easement Agreement, to Bill and Rebecca Waterman from the City of Midland, for part of the public right of way for East Pine Street adjacent to George Street in the recorded plat of Carpenter & Hines Addition to the City of Midland in Section 16, T. 14 N., R. 2 E., is hereby accepted and that the Access and Parking Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

DOW CORNING CORP IFT CERTIFICATE AMENDMENT

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

 

WHEREAS, pursuant to Rule 54.(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more than 10% of the estimated amount on the application, a certificate holder shall request that the local unit approve the revised cost; and

WHEREAS, The Dow Corning Corporation was issued Industrial Facilities Exemption No. 2005-193 which has a real property component of $5,119 and a personal property component of $708,221; and

WHEREAS, The Dow Corning Corporation has now completed the project and that the actual cost for real property was $19,802.56 and the actual cost for personal property was $1,690,056.64; and

WHEREAS, The Dow Corning Corporation has requested the City Council to approve a change in the real and personal property components of Industrial Facilities Exemption Certificate No. 2005-193; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by the Dow Corning Corporation to increase the real property portion of Industrial Facilities Exemption Certificate No. 2004-118 from $5,119 to 19,802.56 and increase the personal property portion of said certificate from $708,221 to $1,690,056.64; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a revised certificate to the Dow Corning Corporation based on the amended real and personal property cost.  (Motion ADOPTED.)

 

SIDEWALK TIME EXTENSION – FOSTER WOODS

Interim Planning Director Daryl Poprave presented a request that the City reconsider their May 8, 2006, sidewalk extension denial and instead require only sidewalk along Foster Road and Wheeler Road to be installed by November 1, 2006, and extend the period of time to complete the remaining sidewalks within Foster Woods Subdivision and Foster Woods Subdivision No. 2 until September 10, 2008.  Lee Johnston, 624 Poseyville Road, Member of North Central Development, spoke in favor of Council requiring installation of sidewalks on Foster and Wheeler Roads and extending the time for completion of the remaining sidewalks in the Foster Woods Subdivisions.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, a written request has been received from Greg Weckesser on behalf of North Central Development Company, a proprietor of Foster Woods Subdivision and Foster Woods Subdivision No. 2, to require only the sidewalk along Foster Road and Wheeler Road and to extend the period of time to complete the remaining sidewalk within said subdivisions; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby requires only the sidewalk along Foster Road and Wheeler Road be installed by November 1, 2006, and extends the period of time to complete the remaining sidewalks within Foster Woods Subdivision and Foster Woods Subdivision No. 2 until September 10, 2008, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one-year beyond the date of required completion of the sidewalk.  (Motion ADOPTED.)

 

2007 CITY COUNCIL REGULAR MEETING SCHEDULE

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2007 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            January 8 and 22                                            February 12 and 26

            March 12 and 19                                             April 9 and 23

            May 7 and 21                                                   June 11 and 25

            July 9 and 23                                                   August 13 and 27

            September 10 and 17                                     October 1 and 22

            November 12 and 19                                      December 3 and 17

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion ADOPTED.)

 

HUBER RESIGNATION – CABLE ACCESS ADVISORY COMMISSION

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

 

RESOLVED, that the resignation of Jim Huber as a member of the Cable Access Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Huber for his service on this important Commission.  (Motion ADOPTED.)

 

NEHER APPOINTMENT – CABLE ACCESS ADVISORY COMMISSION

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

 

RESOLVED, that Norman Neher is hereby appointed to the Cable Access Advisory Commission as a MPS Representative to fill an unexpired term to expire June 30, 2007.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER NO. P-06-13

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

 

RESOLVED, that Traffic Control Order No. P-06-13 filed June 28, 2006, pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That 3-hour parking shall be permitted where 2-hour parking currently exists along public streets and parking lots in the Downtown Business District.

is hereby made permanent.  (Motion ADOPTED.)

 

QUARTERLY FINANCIAL STATEMENT – ENDING JUNE 30, 2006

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

 

RESOLVED, that the quarterly operating statements of the City of Midland, for the quarter ended June 30, 2006, 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.)

 

HYDRAULIC EXTRICATION EQUIPMENT PURCHASE – FIRE DEPT.

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

 

WHEREAS, on August 7, 2006 a quote was received for purchase of hydraulic extrication equipment for the fire department; and

WHEREAS, the Apollo Fire Equipment Company is the sole source for Hurst extrication equipment in Michigan; and

WHEREAS, the quote submitted is within the budget for purchasing the specified equipment; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and the Purchasing Agent is authorized to issue a purchase order in the amount of $27,881 to Apollo Fire Equipment Company for purchase of the required equipment.  (Motion ADOPTED.)

 

2006 THIRD STREET IMPROVEMENT; CONTRACT NO. 20

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the improvement of Third Street from Indian Street to Pine Street; and

WHEREAS, funding for this project is provided by the Community Development Block Grant Program; now therefore

RESOLVED, that the low sealed proposal submitted by Porath Contractors, Inc. of Houghton Lake, Michigan, for the "2006 Third Street Improvement; Contract No. 20", in the indicated amount of $73,370.80, 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.)

 


PLANIMETRIC AND TOPOGRAPHIC FEATURE MAPPING

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

 

WHEREAS, the City of Midland City GIS committee identified the need to develop planimetric and topographic features for the entire City of Midland; and

WHEREAS, specialized experience in the area of GIS planimetric and topographic feature mapping is required; and

WHEREAS, the City Engineer has presented a report that recommends retaining the service of Kucera International to design and develop citywide planimetric and topographic feature data; now therefore

RESOLVED, that in accord with Section 2-19 of the Code of Ordinances, Professional Services, City Council authorizes the Mayor and City Clerk to approve an agreement with Kucera International Inc. in the amount of $90,000.00 for said planimetric and topographic feature mapping, subject to review and recommendation of the City Attorney; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering said agreement in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

PORTABLE CHANGEABLE MESSAGE SIGNS

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for purchase of two portable changeable message signs; and

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

RESOLVED, that the low compliant sealed proposal submitted by M.S. Foster & Associates, Inc. of Michigan City, Indiana, for the "Bid No. 2970 Portable Changeable Message Signs", in the indicated amount of $29,730.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order.

 

MANHOLE REHABILITATION

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

 

WHEREAS, during manhole data collection as part of the City’s Global Information System (GIS) implementation, staff identified 46 manholes throughout the City that are in need of rehabilitation; and

WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, in August 2004 Advanced Underground Inspections, LLC of Detroit was the successful bidder to provide for the reconstruction of sanitary manholes at specified unit costs, and has agreed to extend the units costs to provide the necessary work to rehabilitate the identified sanitary manholes; and

WHEREAS, funding for the rehabilitation work is available in the 2006/07 Wastewater fund account #590-9120-912.97-65 – Capital Construction Projects; now therefore

RESOLVED, that the extended unit prices bid by Advanced Underground Inspections, LLC in 2004 are hereby accepted and a purchase order is authorized in an amount of $75,000.00 for the rehabilitation of 46 sanitary manholes; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY IFT APPLICATION

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

 

RESOLVED, that an application dated August 30, 2006, was received August 31, 2006, from the Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No.1 relating to facility upgrades to both real and personal property within the METHOCEL manufacturing plant to add approximately 13 million pounds of additional manufacturing capacity with a total project cost of $57,500,000, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 9, 2006, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:21 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk