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.
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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 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
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
RESOLVED, that the
RESOLVED FURTHER, that
the City
STAFF REPORT ON BOARDS AND COMMISSIONS
VACANCIES
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that Midland
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
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
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.
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Selina Tisdale, City