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.
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers |
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Councilmen absent: |
Joseph Rokosz |
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 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
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
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
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
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
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
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
WHEREAS, specialized experience
in the area of
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,
RESOLVED FURTHER, that the City
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.
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Selina Tisdale, City