June 11, 2007

 

A regular meeting of the City Council was held on Monday, June 11, 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, Joseph Rokosz

Councilmen absent:

James Myers

 

MINUTES

Approval of the minutes of the May 21, 2007 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

SERVICE SECTOR PROGRAM

Assistant City Manager Jack Duso introduced Sid Allen, Midland Area Chamber of Commerce President & CEO, who gave a presentation on the Chamber’s Service Sector Program.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the June 11, 2007 Midland Area Chamber of Commerce report on activities related to the Service Sector Agreement between the City of Midland and the Midland Area Chamber of Commerce is hereby accepted and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 

2006-07 and 2007-08 GOLF COURSE & GENERAL FUND BUDGET AMENDMENTS

Department of Public Services Assistant Director of Administration Karen Murphy presented an amendment to the 2006-07 and 2007-08 Golf Course and General Fund Budgets.  A public hearing was opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:30 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, 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, June 11, 2007 on the proposal to amend the 2006-07 and 2007-08 budgets of the Golf Course and General Funds, the Golf Course budgets is hereby amended to increase operating expenditures by $21,200 for FY06/07 and $51,700 for FY07/08 to accommodate changes in the operations at the clubhouse and to increase the revenue by $24,900 for FY06/07 and $54,700 for FY07/08 to reflect additional revenue as a result of such changes; and

RESOLVED FURTHER, that the General Fund budgets for FY06/07 and FY07/08 be amended to recognize a decrease in operating revenue of $8,000 and a decrease in operating expenditures of $5,000, in each fiscal year, as a result of moving the Junior Golf program into the Golf Course Fund.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Geraldine Lyszczyk, 427 Dutch Drive, spoke regarding her concern over the growing drug problem in Midland and the need for City and County Fire and Police cooperation in combating and preventing the problem.

 

MUNICIPAL CIVIL INFRACTIONS – ORDINANCE AMENDMENT

City Attorney James Branson presented information on an amendment to Section 34-5 of Chapter 34 of the Midland Code of Ordinances to include violations of the Cemetery Rules as civil infraction violations.  The following ordinance amending Section 34-5 was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1634

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1)          Chapter 8, Uniform Fire Code.

(2)          The city zoning ordinance.

(3)          Chapter 29, Stormwater Runoff Regulation and Control.

(4)          Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)          Article VI of Chapter 15, Telecommunications.

(6)          Article IV, Chapter 22, Addresses.

(7)          Article V, Chapter 5, Soil Erosion and Sedimentation Control.

(8)          Rules and Regulations of the Jack Barstow Municipal Airport.

(9)          Cemetery Rules.

Section 2.   This Ordinance shall take effect on June 11, 2007.  (Ordinance ADOPTED.)

 

 

WATER & SEWER RATES ORDINANCE AMENDMENTS

Utilities Director Noel Bush presented information on amendments to Section 28-52 of Division 3 of Article II of Chapter 28 – Water Rates and Section 28-163 of Division 3 of Article III of Chapter 28 – Sewer Rates.  The following two amendments were then presented for first reading and consideration:

 

WATER RATES AMENDMENT – (1st reading)

Introduction and first reading of the following ordinance amending water rates was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)               For each one thousand (1,000) gallons used per quarter: $1.06          $1.09

In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4”

$28.74

$30.060

1"

$37.36

$39.080

1- 1/2"

$45.98

$48.100

2"

$74.72

$78.160

3"

$287.40

$300.600

4"

$373.62

$390.780

6"

$546.06

$571.140

8"

$775.98

$811.620

(2)        Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect July 1, 2007.  (Motion ADOPTED.  Considered first reading.)

 

SEWER RATES AMENDMENT – (1st reading)

Introduction and first reading of the following ordinance amending sewer rates was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

AN ORDINANCE

TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)               There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

AMOUNT

     5/8" – ¾"

$33.77

$35.40

1"

43.90

 46.02

1 – ½"

54.03

 56.64

2"

87.80

 92.04

3"

337.69

 354.00

4"

439.00

 460.20

6"

641.61

 672.60

8"

911.77

 955.80

(2)               In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:       $1.61               $1.68

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2007.  (Motion ADOPTED.  Considered first reading.)

 


SITE PLAN NO. 260

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 260, the request of Three Rivers Corporation, on behalf of Chemical Bank for a 3,785 square foot proposed building located at 6711 Jefferson Avenue on 3.48 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 260 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 260, contingent upon the following:

1.      The storm water detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

2.      Parking on the south side service drive is prohibited.

3.      The public sidewalk on Jefferson Avenue is constructed per Engineering Department specifications.

4.      All landscaping shall comply with Article 6 of the Zoning Ordinance.

5.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

6.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

7.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be

      delineated with the “box” style striping.

8.      Dumpster conforms with Section 3.15 of the Zoning Ordinance.

(Motion ADOPTED.)

 

JULY 2007 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2007 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2007 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2007 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2007 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2006; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2006 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2007 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2007 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

         1996 Street Improvement                                                                   $    4,503.53

         2002 Street Improvement                                                                         2,954.33

         2005 Street Improvement                                                                         2,834.33

                     Subtotal Street Improvement Rolls                                         $  10,292.19

Sanitary Sewer Improvement Rolls

         1996 Sanitary Sewer Improvement                                                    $    2,503.83

         1998 Sanitary Sewer Improvement                                                          1,639.58

         2002 Sanitary Sewer Improvement                                                        11,072.27

         2003 Sanitary Sewer Improvement                                                        18,592.22

                     Subtotal Sanitary Sewer Improvement Rolls                          $  33,807.90

Water Main Improvement Rolls

         1998 Water Main Improvement                                                           $   2,536.29

         2002 Water Main Improvement                                                                9,966.54

                     Subtotal Water Main Improvement Rolls                                $  12,502.83

Sidewalk Improvement Rolls

         2004 Sidewalk Improvement                                                              $    5,780.05  

         2005 Sidewalk Improvement                                                                    3,357.50

         2006 Sidewalk Improvement                                                                   1,217.49

                     Subtotal Sidewalk Improvement Rolls                                  $    10,355.04

2007 Downtown Economic Revitalization Roll (SARA)                             $   36,011.52

Accounts Receivable Roll                                                                           $   44,137.03

TOTAL SPECIAL ASSESSMENT ROLL                                                    $ 147,106.51

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2007 General Fund Tax Roll Accounts Receivable. (Motion ADOPTED.)

 

DOW CHEMICAL – PURCHASE PARCEL OF CITY-OWNED PROPERTY

Planning and Community Development Director Keith Baker presented a request from The Dow Chemical Company to purchase a parcel of city-owned property.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland has received a request from Mr. Todd Konechne on behalf of The Dow Chemical Company to sell City-owned property, approximately 0.90 acres in size, located between Washington Street and Bayliss Street to The Dow Chemical Company, Michigan Operations; and

WHEREAS, such sale of property must be done in accordance with Section 2-23 & 2-25 of the Code of Ordinances; and

WHEREAS, it is to the City’s advantage to sell such property without competitive bid due to its geographic location, physical configuration and proposed sale price; now therefore

RESOLVED, staff recommends that a sale price of $15,700.00 is a fair market value for the City’s property based upon the City’s assessment of appraisals and sales of similarly zoned commercial and industrial property; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the sale to The Dow Chemical Company of 0.90 acres of vacant City property which lies north of the Dow 1776 Building and south of Dow Chemical Employees’ Credit Union located in the North ½ of the Northwest ¼ of Section 22, Midland Township subject to the recording and retainment of an easement over said land for the purpose of maintaining access, use, maintenance and construction of municipal utility and infrastructure improvements.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER P-07-06

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

 

RESOLVED, that Traffic Control Order No. P-07-06 filed March 26, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That stopping, standing, and parking shall be prohibited on both sides of Buttles Street from US-10 BR/M-20 to Fourth Street and that all previous parking traffic control orders along this street segment are rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-07

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

                                               

RESOLVED, that Traffic Control Order No. P-07-07 filed March 26, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That stopping, standing, and parking shall be prohibited on both sides of State Street from Indian Street to Main Street and that all previous parking traffic control orders along this street segment are rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-08

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

                                               

RESOLVED, that Traffic Control Order No. P-07-08 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That stopping, standing, and parking shall be prohibited on both sides of Mill Street from Indian Street to Buttles Street.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-09

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

                                               

RESOLVED, that Traffic Control Order No. P-07-09 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That stopping, standing, and parking shall be prohibited on both sides of Haley Street from Buttles Street to Indian Street.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-10

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

 

RESOLVED, that Traffic Control Order No. P-07-10 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on both sides of Third Street from Pine Street to Ellsworth Street.

is hereby made permanent. (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER P-07-11

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

 

RESOLVED, that Traffic Control Order No. P-07-11 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on the southwest side of Grove Street from Third Street to Sixth Street and that Traffic Control Order P-80-01 shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-12

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

                                               

RESOLVED, that Traffic Control Order No. P-07-12 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on the southeast side of Fourth Street from Buttles Street to Grove Street.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-13

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

 

RESOLVED, that Traffic Control Order No. P-07-13 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That stopping, standing, and parking shall be prohibited on both sides of Loons Drive from Buttles Street to US-10 BR/M-20.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-14

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

                                               

RESOLVED, that Traffic Control Order No. P-07-14 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on the northwest side of Sixth Street from Grove Street to Indian Street.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-15

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

                                               

RESOLVED, that Traffic Control Order No. P-07-15 filed March 30, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the recessed area along the southwest side of Buttles Street between US-10 BR/M-20 and Loons Drive shall be designated as a bus stop only.

 is hereby made permanent. (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER R-07-03

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

 

RESOLVED, that Traffic Control Order No. R-07-03 filed March 26, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Buttles Street from US-10 BR/M-20 to Fourth Street shall be 30 mph.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-07-04

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

                                               

RESOLVED, that Traffic Control Order No. R-07-04 filed March 30, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Buttles Street from Loons Drive to Fourth Street shall be a two-way street and that previous traffic control orders establishing a one-way street for this segment shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-07-05

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

                                               

RESOLVED, that Traffic Control Order No. R-07-05 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Indian Street from Third Street to Austin Street shall be a two-way street and that previous traffic control orders establishing a one-way street for this segment shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-07-06

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

                                               

RESOLVED, that Traffic Control Order No. R-07-06 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Austin Street from Indian Street to Pershing Street shall be a two-way street and that previous traffic control orders establishing a one-way street for this segment shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-07-07

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

                                               

RESOLVED, that Traffic Control Order No. R-07-07 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Mill Street from Indian Street to Buttles Street shall be a one-way street.

is hereby made permanent. (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER R-07-08

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

                                               

RESOLVED, that Traffic Control Order No. R-07-08 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Haley Street from Buttles Street to Indian Street shall be a one-way street.

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-07-03

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

 

RESOLVED, that Traffic Control Order No. S-07-03 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Austin Street shall stop for Pershing Street and that Traffic Control Order S-85-07 be revised to remove stop control for southbound Pershing Street at Austin Street.

is hereby made permanent. (Motion ADOPTED.)

 

 

TRAFFIC CONTROL ORDER S-07-04

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

 

RESOLVED, that Traffic Control Order No. S-07-04 filed March 27, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Third Street shall stop for Buttles Street and that Traffic Control Order S-06-06 shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

702 LIQUOR LICENSE

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

 

RESOLVED, that the request from MARILYN S. STEEG FOR A NEW DANCE-ENTERTAINMENT PERMIT TO BE HELD IN CONJUNCTION WITH THE 2006 CLASS C/SDM LICENSED BUSINESS LOCATED AT 702 JEFFRSON, MIDLAND, MI  48640; MIDLAND COUNTY be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

BOOK ORDERING AND BOOK PROCESSING SERVICES - LIBRARY

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Co. was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Co. has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2007/2008; now therefore


RESOLVED, that the current contract with Brodart Co. for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2007/2008 in an amount not to exceed $300,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

CALCIUM OXIDE PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Calcium Oxide, Bid No. 3013, for a period of one year beginning July 1, 2007, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for the purchase of Calcium Oxide is available in Water Fund Inventory Account #591-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by Western Lime of West Bend, Wisconsin for the indicated price per ton of $129.00 for up to 1,200 tons of Calcium Oxide per year, at a total contract amount of $154,800.00, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

FERRIC CHLORIDE PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Ferric Chloride, Bid No. 3013, for a period of one year beginning July 1, 2007, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for the purchase of Ferric Chloride is available in Water Fund Inventory Account #591-0000-091.13-30 and in Wastewater Fund Inventory Account #590-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by PVS Technologies of Detroit, Michigan for the indicated price per ton of  $344.00 for up to 500 tons (250 each for the Water and Wastewater Treatment Plants), at a total aggregate contract amount not to exceed $172,000.00, is hereby accepted and purchase orders are authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

HYDROFLUOSILICIC ACID PURCHASE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Hydrofluosilicic Acid, Bid No. 3013, for a period of one year beginning July 1, 2007, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for the purchase of Hydrofluosilicic Acid is available in Water Fund Inventory Account #591-0000-091.13-30; now therefore

RESOLVED, that the low sealed proposal submitted by PVS Nolwood of Detroit for the indicated price per ton of  $355.00 for up to 72 tons per year, at a total contract amount of $25,560.00, is hereby accepted and a purchase order is authorized; 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 $5,000.00.  (Motion ADOPTED.)

 

LANDFILL – GAS TO ENERGY PROJECT ENGINEERING SERVICES

Utilities Director Noel Bush presented a contract for Engineering Services for the Gas to Energy Project at the Municipal Landfill.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, a plan to implement three related projects for reducing negative environmental impact by the Landfill and extending the useful life of the site has been communicated to Council in recent months:  1) Cell 16 Design Enhancements, 2) Active Gas Collection and Reuse, 3) Type III Landfill Cell; and

WHEREAS, the Active Gas Collection project will be implemented in two phases: 1) Phase I encompasses the planning, administration, surveying, testing, design, permitting, and bid preparation prior to Phase II construction, and 2) Phase II is the actual construction of the landfill gas collection and beneficial reuse system, and will begin when Phase I is substantially complete; 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 Phase I work at a cost of $203,274.00; and

WHEREAS, funding for this multi-year project in the amount of $103,274.00 is currently available in the 2006/07 Landfill account 517-9120-912.97-65 - Capital Construction Projects, while the remaining $100,000.00 has been adopted 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 authorizes the Mayor and City Clerk to execute a contract with CTI and Associates of Brighton, Michigan, subject to document approval by the City Attorney, for professional services in the amount of $203,274.00 to provide Phase I work to begin implementing a Landfill gas collection and reuse system; 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.)

 

BRINE PURCHASE – PO INCREASE

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

 

WHEREAS, the Department of Public Services regularly purchases brine for use in winter salting operations and gravel street maintenance; and

WHEREAS, sufficient funding for such purchases is included in the Local Street operating budget for the remainder of FY 2006-07; now therefore

RESOLVED , that the Purchasing Agent is authorized to increase existing purchase order #21166 to Liquid Calcium Chloride Sales of Kawkawlin, Michigan up to the amount of $40,000 for the purchase of brine for street maintenance activities.  (Motion ADOPTED.)

 

SERVICE CENTER JANITORIAL SERVICES – PO INCREASE

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

 

WHEREAS, the City has partnered with the Arnold Center to provide janitorial services at the Municipal Service Center; and

WHEREAS, sufficient funding for such service is included in the 2006-07 Municipal Service Center budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #21760 to the Arnold Center of Midland, Michigan up to the amount of $28,000 for the provision of janitorial services for fiscal year 2006/2007.  (Motion ADOPTED.)

 

CIVIC ARENA JANITORIAL SERVICES – PO INCREASE

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

 

WHEREAS, the City has partnered with the Arnold Center to provide janitorial services at the Civic Arena; and

WHEREAS, sufficient funding for such service is included in the 2006-07 Civic Arena budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20770 to the Arnold Center of Midland, Michigan up to the amount of $28,000 for the provision of janitorial services for fiscal year 2006/2007.  (Motion ADOPTED.)

 

LANDFILL TRACTOR – RUBBER TRACK REPLACEMENT

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

 

WHEREAS, John Deere tractor # 6-57 used for daily operations at the Landfill has been rendered inoperable due to a damaged rubber track; and

WHEREAS, staff authorized the purchase of the replacement tracks to expedite the repair and restore the tractor for use; 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 to Grand Traverse Rubber Supply of Traverse City, Michigan up to the amount of $21,000 for the purchase of rubber replacement tracks for unit # 6-57.  (Motion ADOPTED.)

 

2007 PATRICK STREET RECONSTRUCTION AND WATER MAIN PROJECT

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Patrick Road from Saginaw Road to 600 feet west and for the replacement of the water main on Patrick Road from Saginaw Road to Swede Avenue; and

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

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2007 Patrick Street Reconstruction and Water Main; Contract No. 3", in the indicated amount of $280,931.00, 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.)

 

MDOT LOAN CONTRACT NO. 07-7249 – N. SAGINAW ROAD WIDENING

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

 

WHEREAS, Michigan Department of Transportation (MDOT) Loan Contract No. 07-7249 is between the City of Midland and MDOT for a federal loan related to a street construction project to widen N. Saginaw Road from Sugnet Road to approximately 200 feet west of Tucker Street; and

WHEREAS, the amount of $375,000 will be paid from a Federal Surface Transportation Program (STP) grant through the MDOT Small Urban Program; and

WHEREAS, the $375,000 Federal STP grant funds will not be available through the MDOT Small Urban Program until the beginning of the State 2007/08 fiscal budget season, October 1, 2007; and

WHEREAS, funding for $375,000 of the project cost will be provided by State loan until Federal funds are made available for reimbursement of the loan in October, 2007; and

WHEREAS, the State loan carries a 4% annual interest rate and related charges should not exceed $2,000; and

WHEREAS, funding for interest rate charges are available in the Major Street Fund; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Loan Contract No. 07-7249 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland once reviewed and approved by the City Attorney as to form.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 07-5249 – N. SAGINAW ROAD WIDENING

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

 

WHEREAS, Michigan Department of Transportation Contract No. 07-5249 is between the City of Midland and MDOT for approval of funding for the widening of N. Saginaw Road from Sugnet Road to approximately 200 feet west of Tucker Street; and

WHEREAS, the total estimated cost of the project is $778,100 and that $375,000 will be paid from a federal Surface Transportation Program grant through the MDOT Small Urban Program and that $93,750 will be paid by a State Local Jobs Today grant and that the remaining cost of $309,350 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland desires to widen N. Saginaw Road from Sugnet Road to approximately 200 feet west of Tucker Street; and

WHEREAS, funding was approved for this project as part of the 2007/08 fiscal year budget; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 07-5249 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland once reviewed and approved by the City Attorney as to form; 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.)

 

2007 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2007 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the ninth day of July, 2007 to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior the date of the ninth day of July, 2007, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion ADOPTED.)

 

PROPOSED 2006-07 GOLF COURSE BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 pm on Monday, June 25, 2007 in the Council Chambers of City Hall on the proposal to amend the 2006-07 Golf Course Fund budget to increase revenue to recognize a gift of $500,000 from the Currie family to be used for a cart storage and maintenance facility at Currie Golf Course and to increase expenditures by $500,000 to allow for construction of the project.  (Motion ADOPTED.)

 

PROPOSED 2006-07 RIVERSIDE PLACE BUDGET AMENDMENT

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

 

RESOLVED, 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, June 25, 2007, in the Council Chambers of City Hall on the proposal to amend the 2006-07 Riverside Place Fund budget to recognize $17,295 of additional revenue from donations for the purchase of a new baby grand piano, and to increase expenditures by $17,295 to recognize the cost of the new baby grand piano.  (Motion ADOPTED.)

 

OSCAR’S TEMPORARY OUTDOOR SERVICE LIQUOR LICENSE

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

 

RESOLVED, that the City Council hereby approves the request by Oscars Restaurant to conduct the sale of alcohol on that portion of the Main Street right of way adjacent to said restaurant on June 21, 2007 during the hours indicated on the LCC Application for Temporary Authorization and the City Clerk is hereby authorized and directed to sign said application.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk