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 |
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 |
|
5/8" – 3/4” |
|
$30.060 |
|
1" |
|
$39.080 |
|
1-
1/2" |
|
$48.100 |
|
2" |
|
$78.160 |
|
3" |
|
$300.600 |
|
4" |
|
$390.780 |
|
6" |
|
$571.140 |
|
8" |
|
$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 |
|
5/8" – ¾" |
|
$35.40 |
|
1" |
|
46.02 |
|
1 –
½" |
|
56.64 |
|
2" |
|
92.04 |
|
3" |
|
354.00 |
|
4" |
|
460.20 |
|
6" |
|
672.60 |
|
8" |
|
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
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.)
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
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.)
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
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.)
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
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.)
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
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.)
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
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.)
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:
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
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
1998 Water Main Improvement $
2,536.29
2002 Water Main Improvement 9,966.54
Subtotal Water Main
Improvement Rolls $ 12,502.83
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
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:
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 -
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
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
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
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
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
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