May 7, 2007

 

A regular meeting of the City Council was held on Monday, May 7, 2007, 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 April 19, 2007 special, April 23, 2007 regular and April 30, 2007 special meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

MIDLAND BLOOMS DAY

City Clerk/Community Relations Director Selina Tisdale introduced Midland Area Community Foundation Director Jan McGuire.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 19, 2007 as Midland Blooms Day in Midland.  (Motion ADOPTED.)  Mayor Johnson then presented Ms. McGuire with the proclamation.

 

MIDLAND TOMORROW 2006 ANNUAL REPORT AND AUDIT

Assistant City Manager Jack Duso introduced Midland Tomorrow Executive Director Scott Walker and Midland Tomorrow Board of Directors Vice President Cal Iueter who presented the Midland Tomorrow 2006 Annual Report and Audit.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the City Council hereby receives and files the Midland Tomorrow 2006 Annual Report and the 2006 Audit.  (Motion ADOPTED.)

 

PROPOSED 2007-08 CITY BUDGET

Fiscal Services Director David Keenan presented an overview of the City Manager’s Proposed 2007-08 Budget.  A public hearing opened at 7:47 p.m.  Larry Pillepich, 3602 McKeith Street, spoke regarding the Cable Communications budget and interpretation of the Metro Act and encouraged Council to prioritize cable funding to the government channel followed by the school channel and the community channel.  The public hearing closed at 8:13 p.m.

 

2007 SIDEWALK IMPROVEMENT PROGRAM HEARING OF NECESSITY

Assistant City Engineer Bradd Maki presented the 2007 Sidewalk Improvement Program Hearing of Necessity and a resolution directing the City Assessor to prepare an assessment roll.  A public hearing opened at 8:25 p.m., recognizing no public comments, the hearing closed at 8:25 p.m.  City Council removed from the assessment roll the petitioned sidewalks on the east and west side of Jefferson Avenue from Soccer Drive to Joe Mann Boulevard.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

   Jefferson Avenue (west side)         from Soccer Drive to Joe Mann Boulevard

   Jefferson Avenue (east side)         from Soccer Drive to Joe Mann Boulevard

   Novak Street (west side)                from Shreeve Street to Ashman Street

   Wheeler Street (north side)            from Washington Street to Claremont Street

and has heretofore established one special assessment district which is to be known as the “2007 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 7th day of May, 2007, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 9, 2007, on file in the office of the City Clerk be and the same hereby are approved with the exception that Jefferson Avenue (west side) from Soccer Drive to Joe Mann Boulevard and Jefferson Avenue (east side) from Soccer Drive to Joe Mann Boulevard are removed; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2007 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of twenty-six thousand seven hundred fifty-six dollars ($26,756); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be eight thousand twenty-four dollars ($8,024) and that all other costs and expenses of said improvement amounting to eighteen thousand seven hundred thirty-two dollars ($18,732) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2007, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2007, and that said agreement is received by City Council for approval at their June 11, 2007, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2007 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2007 SARA DISTRICT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the 2007 Downtown Economic Revitalization Public Improvement Special Assessment District Special Assessment Roll Hearing of Necessity.  A public hearing opened at 8:45 p.m., recognizing no public comments, the hearing closed at 8:45 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of a certain revitalization program on the "2007 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $72,023.04 and that the total estimated cost of said improvements is $72,023.04, and the City at large cost is zero (0); and

RESOLVED FURTHER, that fifty (50) percent of the amount of said roll shall be collected during the year of 2007, and fifty (50) percent of said roll shall be collected during the year of 2008; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the City Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading fifty (50) percent of said Roll on July 1, 2007 without interest, and fifty (50) percent of said roll on July 1, 2008 without interest.  (Motion ADOPTED.)

 

2007-08 CDBG BUDGET

Planning and Community Development Director Keith Baker presented the proposed 2007-08 Community Development Block Grant Budget. A public hearing opened at 8:55 p.m., recognizing no public comments, the hearing closed at 8:55 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City of Midland will receive $254,052 in Community Development Block Grant funds for fiscal year 2007-08; and

WHEREAS, $80,000 is expected to be received in program income during the fiscal year, and approximately $40,800 will be carried forward from prior fiscal years; and

WHEREAS, on April 2, 2007, the Housing Commission recommended approval of this budget; and

WHEREAS, a public hearing was held by the City Council on May 7, 2007, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 2007-08 Community Development Block Grant Program, as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2007-08 budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 


GIFT FOR MAINTENANCE & CART STORAGE FACILITY AT CURRIE GOLF COURSE

Director of Public Services Martin McGuire presented a resolution accepting a donation from the Currie Family to build a maintenance and cart storage facility at Currie Golf Course.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Currie Family has long been supportive of the Currie Golf Course; and

WHEREAS, the Currie Family has recognized a need for a maintenance and cart storage building; and

WHEREAS, the Currie Family has generously offered to donate $500,000 over two years to fund an 11,000 square foot building for cart storage and maintenance functions; now therefore

RESOLVED, that the City Council hereby accepts the generous gift of the Currie Family to be used to build a maintenance and cart storage facility at Currie Golf Course.  (Motion ADOPTED.)

 

MURAL ON THE MARK PUTNAM BRIDGE PERMIT

Assistant City Engineer Bradd Maki presented information on the issuance of a permit to a Project for Public Spaces contractor to allow the installation of a mural on the Mark Putnam Bridge.  Downtown Development Authority Executive Director Christin O’Callaghan spoke regarding the project and introduced the artist, Mike McMath, who presented an overview of the mural design and answered Council questions.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Project for Public Spaces Initiative desires to beautify the community by creating a mural on the abutment and substructure of the Mark Putnam Bridge along Main Street; and

WHEREAS, the Project for Public Spaces Mural Committee has implemented a design competition and selected a local artist to implement the community themed mural; and

WHEREAS, the Project for Public Spaces Initiative has requested use of the street right-of-way for said purposes; and

WHEREAS, Section 22-1 of the Code of Ordinances requires permission of the City Council for such a special use of the street right-of-way; now therefore

RESOLVED, that the City Council hereby authorizes placement of a mural on the Mark Putnam Bridge abutment and substructure subject to obtaining applicable permits from the City; and

RESOLVED FURTHER, that the City Manager and City Attorney are hereby authorized to approve the final content of the mural prior to installation.  (Motion ADOPTED.)

 

STAFF REPORT ON BOARDS AND COMMISSIONS VACANCIES

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

 

RESOLVED, that Midland City Council hereby receives and files the report on applications received as part of the 2007 boards and commissions appointment process and directs staff to schedule interviews with candidates as necessary; and

RESOLVED FURTHER, that Norman Neher is hereby appointed as the Midland Public Schools representative and Maxine Brink as the township representative to the Library Board effective July 1, 2007 for a terms expiring June 30, 2010; and

RESOLVED FURTHER, that Mike Storey is hereby appointed as the Historical Society Representative to the West Main Street Historic District Commission effective July 1, 2007 for a term expiring June 30, 2010.  (Motion ADOPTED.)

 


EASEMENT – NORTHWEST LITTLE LEAGUE FIELDS

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

 

RESOLVED, that the attached Easement for Underground Electric Line from the City of Midland to Consumers Energy Company, to allow Consumers Energy to install underground electric service to the new restroom facility at the Northwest Little League fields on Sturgeon Avenue in Section 31, T. 15 N., R. 2 E., is hereby accepted and that the Mayor and City Clerk are hereby authorized to sign said easement on behalf of the City of Midland and that the easement is ordered recorded.  (Motion ADOPTED.)

 

2007-08 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP BUDGET

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2007/08 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $185,000.00 is hereby approved.  (Motion ADOPTED.)

 

LANDFILL – TYPE III CELL HYDROGEOLOGIC STUDY

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

 

WHEREAS, in June 2006 the Landfill’s current consulting engineering firm, CTI and Associates, Inc. (CTI), presented to City Council the planned implementation of three related projects for reducing negative environmental impact by the Landfill and extending the useful life of the site, 1) Cell 16 Design Enhancements, 2) Active Gas Collection, 3) Type III Landfill Cell (construction and demolition debris); and

WHEREAS, before a request for MDEQ approval to construct a Type III cell can begin, a Hydrogeologic study of the City-owned property north of the current Cells 14-19 is required to demonstrate the soil structure and groundwater system in that area; and

WHEREAS, the Landfill is not staffed or qualified to perform the Hydrogeologic study and data analysis for the final report to the MDEQ; and

WHEREAS, the engineers and construction support team at CTI are well qualified and familiar with the City’s Landfill site, and have proposed to perform the Hydrogeologic study at a cost of $190,264.00; and

WHEREAS, funding for this multi-year project in the amount of $100,000.00 is currently available in the 2006/07 Landfill account 517-9120-912.97-65 - Capital Construction Projects, while the remaining $90,264.00 has been recommended in the 2007/08 Landfill budget; now therefore

RESOLVED, that sealed proposals be waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order be issued to CTI and Associates of Brighton, Michigan in the amount of $190,264.00 to perform the Hydrogeologic study to be used in the permit request for a Type III cell at the Landfill; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 


CIVIC ARENA DEMOLITION PROJECT – CHANGE ORDERS

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

 

WHEREAS, on January 8, 2007, City Council authorized a purchase order in the amount of $104,579.77 to MacKenzie Environmental for the demolition of the Civic Arena on Collins Street; and

WHEREAS, Change Orders are common in projects of this magnitude; and

WHEREAS, under authority granted by City Council, the City Manager approved a change order in the amount of $10,000; and

WHEREAS, additional Change Orders, #1 and #3 in the aggregate amount of $5,000 have been submitted; now therefore

RESOLVED, that Change Orders #1 and #3 in the aggregate amount of $5,000 to the purchase order issued to MacKenzie Environmental on January 8, 2007, are hereby approved.  (Motion ADOPTED.)

 

CIVIC ARENA SIGN

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Sign for the Civic Arena, Bid No. 2998; and

WHEREAS, funding for this project is included in the 2006-07 Capital budget for the Civic Arena; and

WHEREAS, the City has requested the electrical component for the sign be added as a change order to the low bid; now therefore

RESOLVED, that the low bid of $18,955.00 and the change order in the amount of $6,400.00 are hereby approved; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to Barrett Sign of Saginaw, Michigan in the amount of $25,355.00, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk