June 25, 2007
A regular meeting of the City Council was held on Monday, June 25, 2007, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Johnson presided. The Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
None |
Approval of the minutes of the June 11, 2007 regular and June 18, 2007 special meetings was offered by Councilman McKeag and seconded by Councilman Adams. (Motion ADOPTED.)
DDA KEEP MICHIGAN BEAUTIFUL, INC.’S
PRESIDENT’S AWARD
Communications Coordinator Libby Richart introduced Downtown Development Authority (DDA) Executive Director Christin O’Callaghan who spoke regarding the DDA’s receipt of the Keep Michigan Beautiful, Inc.’s President’s Award. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:
RESOLVED, that the Mayor is authorized to issue the
attached Proclamation of Recognition to the Downtown Development Authority for
receiving the President’s Award through Keep Michigan Beautiful, Inc. for its
efforts to beautify one of the main entryways to Midland’s downtown district. (Motion
ADOPTED.) Mayor Johnson presented
Christin O’Callaghan with the Proclamation of Recognition.
2006-07 GOLF COURSE BUDGET AMENDMENT
Department of Public Services Administrative Assistant for Operations Karen Murphy presented an amendment to the 2006-07 Golf Course Fund budget to recognize revenue from a donation from the Currie family for the construction of a cart storage and maintenance facility at Currie Golf Course. A public hearing opened at 7:06 p.m., recognizing no public comments, the hearing closed at 7:06 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
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 25,
2007 on the proposal to amend the 2006-07 budget for the Golf Course, the Golf
Course budget is hereby amended to increase the revenue by $500,000 to reflect
a generous donation from the Currie family for a new golf cart storage and
maintenance facility at Currie Golf Course, and to increase capital
expenditures by $500,000 to allow for construction of the facility. (Motion ADOPTED.)
2006-07 RIVERSIDE PLACE BUDGET AMENDMENT
Riverside Place Senior Housing Facility Director Cathy Marcy presented an amendment to the 2006-07 Riverside Place budget to recognize a contribution to replace the dining room piano. A public hearing opened at 7:08 p.m., recognizing no public comments, the hearing closed at 7:08 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, in accord with Sections
5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having
given proper legal notice, and having conducted a public hearing on Monday,
June 25, 2007, on the proposal to amend the Riverside Fund’s 2006-07 budget to
increase revenue to recognize a gift of $17,295 from the Residents of Riverside
and to increase expenditures by $17,295; now therefore
RESOLVED, that the Riverside Fund’s 2006-07 budget is amended by increasing revenue by $17,295 and increasing expenses by $17,295. (Motion ADOPTED.)
PUBLIC COMMENTS
No public comments were made.
SEWER AND WATER RATE ORDINANCE AMENDMENTS
Utilities Director Noel Bush presented for second reading an amendment to Section 28-52 of Division 3 of Article II of Chapter 28 – Water Rates and an amendment to Section 28-163 of Division 3 of Article III of Chapter 28 – Sewer Rates. The following two ordinance amendments were then presented for consideration:
WATER RATE ORDINANCE AMENDMENT
The following ordinance amending water rates was offered by Councilman Adams and seconded by Councilman Myers:
ORDINANCE
NO. 1635
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: $1.09
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” |
$30.06 |
|
1" |
$39.08 |
|
1-
1/2" |
$48.10 |
|
2" |
$78.16 |
|
3" |
$300.60 |
|
4" |
$390.78 |
|
6" |
$571.14 |
|
8" |
$811.62 |
(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. (Ordinance ADOPTED.)
SEWER RATE ORDINANCE AMENDMENT
The following ordinance amending sewer rates was then offered by Councilman McKeag and seconded by Councilman Adams:
ORDINANCE
NO. 1636
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: $1.68
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. (Ordinance ADOPTED.)
EMERGENCY MANAGEMENT ORDINANCE AMENDMENT (1st
reading)
Assistant City Manager Jack Duso presented for first reading an amendment to Sections 35-3, 35-4, 35-5, 35-6, 35-8, 35-9 and adding a new Section 35-10 to the Emergency Management ordinance. Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:
ORDINANCE NO. ____
AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS
35-3, 35-4, 35-5, 35-6, 35-8, 35-9, AND ADDING A NEW SECTION 35-10 OF CHAPTER
35 THEREOF.
The City of
Midland ordains:
Section 1. Sections 35-3, 35-4, 35-5, 35-6, 35-8
and 35-9 of Chapter 35 are hereby amended to read as follows:
Sec. 35-3.
Purpose.
The purpose of this chapter is to
provide for the planning, mitigation, preparedness, response and recovery from
natural and human-made disasters within the City of Midland by being part of
the County of Midland's emergency management program; to appoint the county director
of emergency services EMERGENCY MANAGEMENT COORDINATOR as the City of
Midland's municipal emergency management coordinator; to provide a means for
coordinating resources of the city with those of the county; to appoint an
emergency management liaison to work with the emergency management coordinator;
and to provide a means through which the city council may exercise the
authority and discharge the responsibilities vested in it by this ordinance and
Act No. 390 of the Public Acts of the State of Michigan of 1976, as amended.
Sec. 35-4.
Definitions.
The terms used herein shall have the
same meaning as given them in Act No. 390 of the Public Acts of the State of
Michigan of 1976, as amended, or as hereinafter in this section provided unless
the context clearly indicates to the contrary. As used this chapter:
Act
means Public Act 390 of the Public Acts of the State of Michigan of 1976, as
now in effect or hereinafter amended.
Chief
executive official means the city manager of the city.
City
or municipality means City of Midland.
Council
or city council means the city
council of the city.
County
means the County of Midland.
Department
of emergency services means the County of Midland department of
emergency services.
Disaster
means an occurrence or threat of widespread or severe damage, injury or loss of
life or property resulting from a natural or human-made cause, including but
not limited to fire, flood, snowstorm, ice storm, tornado, windstorm, oil
spill, water contamination, utility failure, hazardous peacetime radiological
incident, major transportation accident, hazardous materials incident,
epidemic, air contamination, blight, drought, infestation, explosion, or
hostile military action or paramilitary action, or similar occurrences
resulting from terrorist activities, riots, or civil disorders.
Disaster
relief force means all agencies of county and city government, private and
volunteer personnel, public officers and employees, and all other persons or
groups of persons identified in the Midland County emergency operations plan as
having duties to perform or those called into duty or working at the direction
of a party identified in the plan to perform a specific disaster or emergency
related task during a local state of emergency.
District
coordinator means the Michigan Department of State Police emergency
management AND HOMELAND SECURITY division district coordinator who serves as
liaison between the OFFICE OF EMERGENCY MANAGEMENT department of emergency
services and the Michigan Department of State Police, emergency management
AND HOMELAND SECURITY division in all matters pertaining to emergency and
disaster situations.
Emergency
management liaison means the person designated by the council to assist the
municipal emergency management coordinator in coordinating the emergency
management activities within the city.
Emergency
management program means the program established to coordinate planning,
mitigation, preparedness, response and recovery activities for emergency, or
disaster AND HOMELAND SECURITY situations within a given geographic area made
up of one (1) or several political subdivisions. Such a program has an
appointed emergency management coordinator and meets the program standards and
requirements as established by the department of state police, emergency
management AND HOMELAND SECURITY division.
THE MIDLAND COUNTY OFFICE OF EMERGENCY MANAGEMENT CONDUCTS THIS PROGRAM.
Emergency
operations plan means the plan developed and maintained by the county for
the purpose of responding to emergency or disaster situations by identifying
and organizing the disaster relief force.
Governor's
state of disaster means an executive order or proclamation by the governor
that implements the emergency response and recovery aspects of the Michigan
emergency management plan and applicable local plans of the county or city
programs affected.
Governor's
state of emergency means an executive order or proclamation by the governor
that implements the emergency response and recovery aspects of the Michigan
emergency management plan and applicable local plans of the county or city
programs affected.
HEIGHTENED
STATE OF ALERT MEANS AN EXECUTIVE ORDER OR PROCLAMATION BY THE GOVERNOR
THAT AUTHORIZES THE GOVERNOR TO SAFEGUARD THE INTERESTS OF THE STATE, TO
PREVENT OR RESPOND TO ACTS OF TERRORISM, OR TO FACILITATE THE APPREHENSION OF
TERRORISTS, FOR A SPECIFIC PERIOD OF TIME, USING POWERS PROVIDED IN ACT 390 OF
1976 AS AMENDED, WHEN GOOD CAUSE FOR SUCH AN ORDER OR PROCLAMATION EXISTS.
Local
state of emergency means a declaration that activates the response and
recovery aspects of any and all applicable local or interjurisdictional
emergency operations plans and authorizes the furnishing of aid, assistance,
and directives under those plans.
Municipal
emergency management coordinator means the person designated by the council
to coordinate all matters pertaining to emergency management within the city.
NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS) MEANS A CORE SET OF DOCTRINE, CONCEPTS,
PRINCIPLES, TERMINOLOGY AND ORGANIZATIONAL PROCESSES AS ESTABLISHED BY THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO ENABLE EFFECTIVE, EFFICIENT
AND COLLABORATIVE INCIDENT MANAGEMENT AT ALL LEVELS OF GOVERNMENT.
OFFICE
OF EMERGENCY MANAGEMENT MEANS THE COUNTY OF MIDLAND OFFICE OF EMERGENCY
MANAGEMENT.
Sec. 35-5.
Municipal emergency management coordinator‑‑Appointment.
The Midland County director of
emergency services EMERGENCY MANAGEMENT COORDINATOR is hereby appointed as
the municipal emergency management coordinator for the city. In addition to acting
on behalf of, and at the direction of, the chairman of the county board of
commissioners, the municipal emergency management coordinator shall also act on
behalf of, and at the direction of, the city manager.
Sec. 35-6. Same‑‑Duties.
The municipal emergency management
coordinator shall comply with the standards and requirements as established by
the department of state police, emergency management AND HOMELAND SECURITY
division, under the authority of the act, in accomplishing the following:
(a) Direct
and coordinate the development of the COUNTY OF Midland/CITY OF MIDLAND County
emergency operations plan.
(b) Specify
departments or agencies which must provide an annex to the plan or otherwise
cooperate in its development.
(c) Identify
departments and agencies to be included in the COUNTY OF Midland/CITY OF
MIDLAND County emergency operations plan as part of the disaster relief
force.
(d) Develop
and maintain data on available resources.
(e) Coordinate
the recruitment, appointment, and utilization of volunteer personnel.
(f) Assure
the emergency management program meets eligibility requirements for state and
federal aid.
(g) Coordinate
and/or conduct training and exercise programs for the disaster relief force
within the county and test the adequacy of the emergency operations plan.
(h) Through
public information programs, educate the population of the city of actions
necessary for the protection of life and property in an emergency or disaster.
(i) Assist
in the development of mutual aid agreements.
(j) Assist
the city in the development of standard operating procedures which are
consistent with the emergency operations plan.
(k) Oversee
the implementation of all functions necessary during an emergency or disaster
in accordance with the emergency operations plan.
(l) Coordinate
emergency management activities with all municipalities in Midland County,
surrounding counties and municipalities, and the state.
(m) Coordinate
all preparedness activities including establishing and maintaining an emergency
coordinating center as necessary.
(n) Identify
mitigation opportunities within the CITY county and encourage departments/agencies
to implement THE IMPLEMENTATION OF mitigation measures WHERE FEASIBLE.
Sec. 35-8. Review
of emergency operations plan and municipal emergency management coordinator.
The city manager shall review
effectiveness of the COUNTY OF Midland/CITY OF MIDLAND County emergency
operations plan as the plan relates to the city at least once every four (4)
years. He shall make recommendations to the municipal emergency management
coordinator of any changes that may be needed. After this review and
incorporation of necessary changes, the city council shall certify the plan to
be current and adequate for the City of Midland.
On an annual basis, the city manager
shall review the eligibility and performance of the municipal emergency
management coordinator and make recommendations to the city council as
necessary.
Sec. 35-9.
Declaration of local state of emergency.
When circumstances within the city
indicate that the occurrence or threat of occurrence of widespread or severe
damage, injury or loss of life or property from natural or human-made cause
exists, the city manager OR DESIGNEE may declare a local state of emergency.
Such a declaration shall be promptly filed with the Midland County OFFICE department
of emergency services MANAGEMENT, which shall forward it to the
department of state police, emergency management AND HOMELAND SECURITY
division. If a state of disaster or emergency OR HEIGHTENED STATE OF ALERT is
declared by the Governor, the city manager shall assign and make available for
duty the employees, property, or equipment of the City of Midland within or
without the physical limits of the City of Midland as ordered by the governor
or the director of the Michigan Department of State Police in accordance with
the Act.
Section 2. A new section 35-10 is hereby added to
read as follows:
Section 35-10. NATIONAL INCIDENT MANAGEMENT SYSTEM.
ALL DISASTER RELIEF FORCES AS
DESCRIBED IN SECTION 35-4 SHALL COMPLY WITH AND OPERATE UNDER THE PUBLISHED
STANDARDS, GUIDELINES AND COMPLIANCE PROTOCOLS OF THE NATIONAL INCIDENT
MANAGEMENT SYSTEM AS PROVIDED BY THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY.
Section 3. This ordinance shall become effective
upon publication. (Motion ADOPTED. Considered first reading.)
WARRANTY DEEDS – RIGHT-OF-WAY ALONG JOE
MANN BLVD & JEFFERSON AVE
City Engineer Brian McManus presented Warranty Deeds from the Don Carlsen family for the right-of-way along Joe Mann Boulevard and modifying previous deed restrictions along Jefferson Avenue. The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:
WHEREAS, the City of Midland
desires to acquire right-of-way generally in 20 foot wide strips along Joe Mann
Boulevard and Jefferson Avenue from the
WHEREAS, the
WHEREAS, the
WHEREAS, the
RESOLVED, that the
RESOLVED FURTHER, that the
RESOLVED FURTHER, that the
RESOLVED FURTHER, that all necessary documents requiring signature or acceptance shall be approved by the City Attorney for presentation to the Mayor and City Clerk for formal acceptance and signature as required. (Motion ADOPTED.)
REISNER RESIGNATION - DDA
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
RESOLVED, that the resignation of John Reisner as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Reisner for his service on this important Board. (Motion ADOPTED.)
RUHLE APPOINTMENT - DDA
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
RESOLVED, that in accord with
Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the
DOWNTOWN DISTRICT COMMEMORATIVE PLAQUES
Downtown Development Authority Executive Director Christin O’Callaghan presented a request for the installation of commemorative plaques within the sidewalks in downtown Midland. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the Midland Downtown Development
Authority recognizes the heritage and value of long-term businesses within the
Downtown District; and
WHEREAS, the Midland Downtown Development
Authority has reviewed and approved the request from the Midland Downtown
Business Association to install commemorative bronze plaques within the public
right-of-way adjacent to establishments which have been in business for over 50
years in the Downtown District; now therefore
RESOLVED, the Downtown Development Authority
and City of Midland Engineering Department are authorized to approve the
installation of the aforementioned commemorative plaques in the public right-of-way
in the Downtown District. (Motion
ADOPTED.)
LOGAN’S ROADHOUSE LIQUOR LICENSE TRANSFER
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
be considered for approval.
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
PROPOSED 2007-08 MAJOR STREET MAINTENANCE
FUND BUDGET AMENDMENT
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
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., July 9,
2007, in the Council Chambers of City Hall on the proposal to amend the Major
Street Maintenance Fund’s 2007-08 budget to recognize $90,400 of revenues from
private donations, and to increase appropriations by $90,400 for other grounds
maintenance. (Motion ADOPTED.)
PROPOSED 2007-08 GENERAL FUND BUDGET
AMENDMENT (PLYMOUTH PARK)
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS, donations have been received in
fiscal year 2006/07 from the Northeast Little League in the amount of $45,000,
and from the Gerstacker Foundation in the amount of $36,885; and
WHEREAS, said donations have been earmarked
in the fiscal year 2006/07 General Fund budget as gifts to be used in fiscal
year 2007/08 for the conversion of the softball field at Plymouth Park into two
Little League diamonds; and
WHEREAS, the Dow Foundation will be donating
$55,325 in fiscal year 2007/08 to be used toward the project; and
WHEREAS, it is necessary to amend the
General Fund budget for 2007/08 to recognize the revenue yet to be received,
and to increase expenditures for the entire cost of the project; now therefore
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, July 9, 2007 in the Council Chambers of City Hall on the
proposal to amend the 2007-08 General Fund budget to increase revenue by
$55,325 to recognize a donation to be made by the Dow Foundation to be used in
conjunction with donations received from the Northeast Little League and the
Gerstacker Foundation for the construction of two Little League fields, and to
increase expenditures by $137,210 to cover the cost of the project. (Motion ADOPTED.)
JPR – CITY ATTORNEY AND CITY MANAGER
Mayor Bruce Johnson presented the City Council’s report on the job performance review for the City Attorney and City Manager and resolutions adjusting the annual compensation for both. The following two resolutions were then presented for consideration:
CITY ATTORNEY’S ANNUAL COMPENSATION
The original resolution was offered by Councilman Adams and seconded by Councilman Myers. Councilman McKeag moved, seconded by Councilman Myers, to amend resolution to reflect that all other terms of employment remain the same as outlined in the benefits package and that the retirement benefits as outlined in the review letter shall be enacted. The following amended resolution was then presented for consideration:
RESOLVED, that the salary of James O.
Branson III, City
RESOLVED FURTHER, that Mr. Branson’s
retirement plan with the Municipal Employees Retirement System is hereby
modified from a B-4 FAC 5 F55/20 plan to a B-4 FAC 5 F55/15 plan; and
RESOLVED FURTHER,
that all other terms and conditions of the employment agreement shall remain in
effect. (Motion ADOPTED.)
CITY MANAGER’S ANNUAL COMPENSATION
The following resolution was offered by Councilman Adams and seconded by Councilman Myers:
RESOLVED, that the salary of Jon Lynch, City
RESOLVED FURTHER, that all other terms and conditions of the letter of
employment shall remain in effect.
(Motion ADOPTED.)
Being no further business the meeting adjourned at 8:18 p.m.
______________________________________
Selina Tisdale, City