July 9, 2007
A regular meeting of the City Council was held on Monday, July 9, 2007, at 7:00 p.m. in City Hall. Mayor Johnson presided. Due to a power outage the meeting was held in the overflow conference room adjacent to the Council Chambers. The Pledge of Allegiance to the Flag was recited in unison.
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the June 25, 2007 special and regular meetings was offered by Councilman Adams and seconded by Councilman Myers. (Motion ADOPTED.)
2007 SIDEWALK IMPROVEMENT SPECIAL
ASSESSMENT ROLL
City Assessor Reid Duford presented the 2007 Sidewalk Improvement Special Assessment District special assessment roll. A public hearing opened at 7:15 p.m., recognizing no public comments, the hearing closed at 7:15 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:
WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2007 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore
RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and
RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and
RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $18,732.00 and that the total estimated cost of said improvements is $26,756.00, and the City at large cost is $8,024.00; and
RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2008, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and
RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and
RESOLVED
FURTHER, that the City
RESOLVED
FURTHER, that upon the expiration of said thirty day period the roll shall be
closed for collection by the City
2007 SIDEWALK IMPROVEMENT PROGRAM; CONTRACT
NO. 17
Assistant City Engineer Bradd Maki presented information on the 2007 Sidewalk Improvement Program; Contract No. 17. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the
installation of sidewalks at various locations within the City of Midland; and
WHEREAS, funding for the 2007 Sidewalk Improvement Program is provided
by the General Fund and Special Assessments; now therefore
RESOLVED, that the low sealed proposal submitted by JKS, Inc. of
Midland, Michigan, for the "2007 Sidewalk Improvement Program; Contract
No. 17", in the indicated amount of $25,650.00, 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.)
2007-08 MAJOR STREET MAINTENANCE FUND
BUDGET AMENDMENT
Assistant City Engineer Bradd Maki presented information on the US-10/Bay City Road Interchange Landscaping Project including an amendment to the 2007-08 Major Street Maintenance Fund budget to recognize revenue from outside contributions and increase appropriations for ground maintenance and the Michigan Department of Transportation Contract No. 07-5240. A public hearing opened at 7:23 p.m., recognizing no public comments, the hearing closed at 7:23 p.m. The following resolution was then 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, and after giving proper legal notice, and having conducted a public hearing on Monday, July 9, 2007, the Major Street Maintenance Fund’s 2007-08 budget shall be amended to increase revenues by $90,400, and to increase appropriations by $90,400 for Grounds Maintenance; and
RESOLVED FURTHER, that the
US-10/BAY CITY ROAD INTERCHANGE LANDSCAPING
– MDOT CONTRACT NO. 07-5240
The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, a proposed Contract No. 07-5240 has
been submitted to the City of Midland by the Michigan Department of
Transportation for approval of funding for the installation landscaping within
the City of Midland; and
WHEREAS, this project will take place at the
US-10/Bay City Road Interchange and will require a City cost share and routine
landscape maintenance following completion of the work; and
WHEREAS, the total estimated cost of the
project is $452,100, which is provided by Federal Aid funding in the amount of
$361,700 and City of Midland funding in the amount of $90,400; and
WHEREAS, donations through the Entranceway
Initiative Task Force will contribute $90,400 for State Contract No. 07-5240;
and
WHEREAS, the City of Midland supports having
described work completed; and
WHEREAS, this contract is subject to
approval of said donations and after necessary Major Street funds are made
available through budget amendment and following contract review and approval
by the City Attorney as to form; now therefore
RESOLVED, that the City Council hereby
approves the proposed Michigan Department of Transportation Contract No.
07-5240 and authorizes the Mayor and City Clerk to execute the contract on
behalf of the City of Midland; and
RESOLVED FURTHER, that the City Manager has
the authority to approve change orders modifying or altering related contracts
in an aggregate amount not to exceed $20,000.
(Motion ADOPTED.)
2007-08 GENERAL FUND BUDGET AMENDMENT (PLYMOUTH PARK PROJECT)
Director of Parks and Recreation Brett Ireland presented information on the conversion of the Plymouth Park softball field into two Little League diamonds including an amendment to the 2007-08 General Fund to reflect the revenue and expense for the project and a contract with Servinski Sod Service. A public hearing opened at 7:38 p.m., recognizing no public comments, the hearing closed at 7:38 p.m. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:
WHEREAS, the softball field at Plymouth Park
is scheduled to be converted into two Little League diamonds and additional
picnic areas are to be placed throughout the park, with a total project cost of
$137,210 to be fully funded by outside contributions; and
WHEREAS, donations were received in fiscal
year 2006/07 from the Northeast Little League in the amount of $45,000, and
from the Rollin M. Gerstacker Foundation in the amount of $36,885; and
WHEREAS, said donations were earmarked in
the fiscal year 2006/07 General Fund budget as gifts to be used in fiscal year
2007/08 toward the project; and
WHEREAS, the Herbert H. and Grace A. Dow
Foundation will be donating the remaining $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 this revenue yet to be received,
and to increase expenditures for the entire cost of the project; now therefore
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, July 9, 2007
on the proposal to amend the 2007-08 General Fund budget, the General Fund
budget is hereby amended to recognize $55,325 in revenue and $137,210 in
capital expenses to allow for the conversion of the softball field at Plymouth
Park into two Little League diamonds and for the creation of additional picnic
areas in the park. (Motion ADOPTED.)
PLYMOUTH PARK PROJECT CONTRACT
The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, on June 25, 2007, City Council accepted donations from the Northeast Little League, the Rollin M. Gerstacker Foundation, and the Herbert H. and Grace A. Dow Foundation to be used for the conversion of the softball field at Plymouth Park into two Little League diamonds; and
WHEREAS, Section 2-20 of the Code of Ordinances allows City Council to waive competitive bids for projects which utilize funds donated to the City; and
WHEREAS, staff has recommended that Servinski Sod Service be contracted to construct the Little League diamonds based on their experience with ball diamond construction and their positive performances on other City projects; now therefore
RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Servinski Sod Service in an amount not to exceed $127,000 for the construction of two Little League fields at Plymouth Park. (Motion ADOPTED.)
PUBLIC COMMENTS
Oswald Anders, Midland property owner, complimented the City on successful efforts to improve and beautify Downtown Midland and the Midland Mall Area and suggested a similar effort be taken up with the Saginaw Road/Circle Area corridor.
EMERGENCY MANAGEMENT ORDINANCE AMENDMENT
Assistant City Manager Jack Duso presented for second reading and adoption of an ordinance amending Section 35-3, 35-4, 35-5, 35-6, 35-8, 35-9, and adding a new Section 35-10 of the Emergency Management Ordinance. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. 1637
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
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.
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 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,
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 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
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 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 and encourage 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 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 of
emergency 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. (Ordinance ADOPTED.)
CIVIL INFRACTIONS ORDINANCE AMENDMENT (1st
reading)
City Attorney James Branson, III presented information on an ordinance to amend Section 34-5 of Chapter 34 to include violations of Section 28-113.1 of Article III of Chapter 28 as civil infraction violations. Introduction and first reading of the following ordinance amending Section 34-5 was then offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO.
________
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.
(10) Section 28-113.1 of Article
Section 2. This Ordinance shall take effect upon
publishing. (Motion ADOPTED.)
WARRANTY DEED – SUGNET ROAD EXTENSION RIGHT-OF-WAY
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
RESOLVED, that the attached Warranty Deed from Midland Public Schools
to the City of Midland, for part of the right-of-way for Sugnet Road from
Northwood Drive to Main Street, in Section 7, T. 14 N., R. 2 E., is hereby
accepted and that the Warranty Deed is ordered recorded; and
RESOLVED FURTHER, that said right-of-way shall be used for public
street purposes. (Motion ADOPTED.)
COUNTRYSIDE ESTATES SUBDIVISION NO. 1 SIDEWALK TIME EXTENSION
The following resolution was offered by Councilman
Adams and seconded by Councilman Myers:
WHEREAS, a written request has been received from Keith Schroeder,
President of Schroeder Builders, Inc., proprietor of Countryside Estates
Subdivision No. 1, to extend the period of time to complete the sidewalk within
said subdivision; now therefore
RESOLVED, that in accord with Sections
23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the
City Council hereby extends the period of time to complete the sidewalk within
City Forest Estates Subdivision until October 11, 2008 conditioned upon receipt
of a financial guarantee in an amount determined by the City Engineer, valid
for a period of one year beyond the date of the required completion of the
sidewalk; and
RESOLVED FURTHER, that if a new financial
guarantee is not provided by July 24, 2007, Council authorizes staff to use the
existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
WINDING CREEK ESTATES SUBDIVISION NO. 1
Planning and Community Development Director
Keith Baker presented information on a two-year extension of time for
completion of sidewalk in Winding Creek Estates Subdivision No. 1 and a request
to amend the Development Agreement for Winding Creek Estates Subdivision No. 1
to remove the construction of sidewalks along Letts
Road. Sheila Mesler
spoke on behalf of Bennett Construction regarding the request for extension and
the elimination of the sidewalk requirement along Letts
Road. The following two resolutions were
then presented for consideration:
WINDING CREEK ESTATES SUBDIVISION NO. 1 SIDEWALK TIME EXTENSION
The following resolution was offered by
Councilman McKeag and seconded by Councilman Adams:
WHEREAS, a written request has been received from Sheila Mesler of Earl D. Bennett Construction, Inc., proprietor of Winding Creek Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision until October 11, 2008 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial guarantee is not provided by July 24, 2007, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
WINDING CREEK ESTATES SUBDIVISON NO. 1 – DEVELOPMENT AGMT AMENDMENT
The following resolution was offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
WHEREAS, the petitioners have requested that they be permitted to remove this sidewalk construction requirement from their development agreement; now therefore
RESOLVED, that the development agreement for Winding Creek Estates Subdivision No. 1 is hereby amended to remove the construction of sidewalk along Letts Road. (Motion DENIED. Yeas: None Nays: Adams, Johnson, McKeag, Myers, Rokosz)
SUBRECIPIENT AGMTS FOR CDBG FUNDS
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, the 2007-08 Community Development Block Grant budget provides funds to Midland Area Homes, the Council on Domestic Violence and Sexual Assault (Shelterhouse), Cleveland Manor, the Reece Community Living Endeavor, Safe Haven Outreach Center, Midland City Police Department, West Midland Family Center, the Literacy Council of Midland County, and Safe and Sound Child Advocacy Center for the purposes of providing specific services to low- and moderate-income individuals and families; and
WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore
RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City. (Motion ADOPTED.)
MIDLAND TOMORROW AGREEMENT AMENDMENT
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the attached amendment to the 2005 agreement between the City of Midland and Midland Tomorrow. (Motion ADOPTED.)
MOLLY’S BISTRO PA 501 LIQUOR LICENSE
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
ANNEXATION OF CITY OWNED PROPERTY FROM MIDLAND TWP (E. WHEELER)
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, the City of Midland is the owner of land described as follows,
which is contiguous with the present boundary of the City of Midland:
COMMENCING 66 FEET WEST OF THE NORTHEAST
CORNER OF THE WEST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 12,
TOWNSHIP 14 NORTH, RANGE 2 EAST, THENCE WEST 346 FEET; THENCE SOUTH 217 FEET;
THENCE EAST 346 FEET; THENCE NORTH 217 FEET TO THE PLACE OF BEGINNING,
EXCEPTING COMMENCING 251.73 FEET EAST OF THE WEST 1/8 CORNER ON THE NORTH LINE
OF SECTION 12, TOWNSHIP 14 NORTH, RANGE 2 EAST, THENCE SOUTH 217 FEET; THENCE
EAST 125 FEET; THENCE NORTH 217 FEET; THENCE WEST 125 FEET TO THE PLACE OF
BEGINNING.
; now therefore
RESOLVED, that the City of Midland approves the annexation of the
described property pursuant to Sec. 9(8) of Public Act 279 of the Public Acts
of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9}; and
RESOLVED FURTHER,
that in accord with the provisions of said Act, the City Council of the City of
Midland requests the Township Board of the Charter Township of Midland to take
action to complete said annexation.
(Motion ADOPTED.)
SALE OF STOCK – CURRIE GOLF COURSE PROJECT
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, on May 7, 2007, the Currie family pledged to the City contributions totaling $500,000, to assist with construction costs for a cart storage and maintenance facility at Currie Golf Course; and
WHEREAS, on June 15, 2007, the Currie family transferred 4,000 shares of Dow Chemical Company common stock, 702 shares of Exxon Mobil common stock, and 1,124 shares of Honeywell International common stock, to the Gift Agency Account at Chemical Bank and Trust Company for the City’s benefit, in satisfaction of a portion of their pledge; and
WHEREAS, the City of Midland Policy Regarding Sale of Securities Received As A Gift approved by Council October 27, 2003, authorizes the City Treasurer to sell securities received as gifts as soon as possible after they have been received; and
WHEREAS, said shares of stock were sold by the Director of Fiscal Services, acting on behalf of the City Treasurer, through Chemical Bank and Trust Company on June 15, 2007, and net proceeds of $307,452.22 were received; now therefore
RESOLVED, that the sale of 4,000 shares of Dow Chemical Company common stock, 702 shares of Exxon Mobil common stock, and 1,124 shares of Honeywell International common stock on June 15, 2007 is hereby approved, and the net proceeds shall be placed in the Currie Golf Course Fund. (Motion ADOPTED.)
JOINT BUILDING AUTHORITY AUDIT YEAR ENDED JUNE 30, 2006
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
RESOLVED, that the audit of the
City and County of Midland Joint
OPPOSITION TO HOUSE BILL 4221, 4222 AND SENATE BILL 81
Utilities Director Noel Bush presented a
resolution directing City Manager to forward resolution expressing the City’s
opposition to House Bill 4221, 4222 and Senate Bill 81 that would create a
$7.50 per ton solid waste disposal surcharge on all municipal and commercial
solid waste to Senator Stamas, Representative
Moolenaar, Midland Tomorrow and Midland Chamber of Commerce. The following resolution was offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, the proposed $7.50 per ton solid waste disposal surcharge represents a “trash tax” which would cost the City of Midland in excess of $250,000 per year, resulting in increased property taxes to residents; and
WHEREAS, the proposed tax would cost all of Midland County residential, business, and industry in excess of $1,200,000 per year; and
WHEREAS, House Bills 4221, 4222 and Senate Bill 81 propose to take the $7.50 per ton surcharge from local communities, passing it through the solid waste industry to the State and to either hold the money within the State or distribute it based on a yet to be determined formula to the counties and local communities to provide for curbside recycling and to improve existing recycling programs that would require cities to expand services already existing in order to simply obtain a portion of their money back; and
WHEREAS, the City of Midland believes that recycling must be economically viable and not subsidy dependent and that local communities should be able to determine the best means of providing said opportunities to their residents, and raising taxes on trash is an inappropriate way to address the state’s recycling goal and budget shortfalls on the short and long term and will have an adverse effect on Michigan’s economy; and
WHEREAS, the surcharge of $7.50 per ton represents a new tax for which no justification has been provided other than to raise the cost of trash in Michigan to dissuade Canada and other U.S. states from exporting their waste to the state; and
WHEREAS, it is imperative during these times of economic crisis that the state not impose frivolous taxes that strain local governments’ financial resources and burden taxpayers; and
WHEREAS, these bills would have a negative impact throughout the state on businesses that would be required to pay the proposed surcharge or tax and pass these additional costs on to their customers; and
WHEREAS, the City of Midland would have to eliminate several complimentary, free disposal programs that are county wide and play an important part in reducing litter; now therefore
RESOLVED, that the City of Midland is opposed to a $7.50 per ton waste disposal surcharge as indicated in House Bills 4221, 4222 and Senate Bill 81; and
RESOLVED FURTHER, that the City
Manager is hereby directed to forward this resolution containing the City’s opposition
on said House and Senate Bills to; 1) State Senator Stamas, 2) Representative
Moolenaar, 3) Midland Tomorrow, and 4) Midland Chamber of Commerce. (Motion ADOPTED.)
2007 MAIN STREET WATER MAIN; CONTRACT NO. 8
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the
installation of a 24” water main along Main Street from west of Orchard Drive
to Sugnet Road; and
WHEREAS, funding for this project is provided by the Water Fund; now
therefore
RESOLVED, that the low sealed proposal submitted by Porath Contractors
of Houghton Lake, Michigan, for the "2007 Main Street Water Main; Contract
No. 8", in the indicated amount of $629,810.40, 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.)
2007 N. SAGINAW ROAD WIDENING CONSTRUCTION INSPECTION SERVICES
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, the Engineering Department has determined a need for
consultant services for construction engineering on the 2007 N. Saginaw Road
Widening project; and
WHEREAS, proposals were received from interested engineering firms in
accordance with the City’s purchasing policy; and
WHEREAS, funding for said project is provided by the Major Street Fund;
now therefore
RESOLVED, that the low sealed proposal received from Lapham Associates
in the indicated amount of $38,500.00, based upon City estimated hours and unit
rates submitted, is hereby accepted and the purchasing agent is directed to
issue a purchase order accordingly for said amounts and services; and
RESOLVED FURTHER, that the City Manager has the authority to approve
any change orders modifying or altering this contract in an aggregate amount up
to $10,000. (Motion ADOPTED.)
2007 LETTS ROAD EXTENSION; CONTRACT NO. 10
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, sealed
proposals have been advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the extension of Letts Road
westerly from Jefferson Avenue to the east end of Commerce Drive; and
WHEREAS, funding for this project is provided by the Major Street Fund;
now therefore
RESOLVED, that the low sealed proposal
submitted by Midstate Earthworks, Inc. of Freeland, Michigan, for the
"2007 Letts Road Extension; Contract No. 10", in the indicated amount
of $808,813.00, 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.)
TRAFFIC CONSULTING SERVICES
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for professional traffic consulting services in the City of
Midland; and
WHEREAS, the City of Midland desires to have
traffic consulting services performed by the firm of Orchard, Hiltz & McCliment, Inc. of
Livonia, Michigan in accordance with the attached proposal; and
WHEREAS, funding for these consulting
services is provided in the Major Street Fund Budget; now therefore
RESOLVED, that the attached proposal
submitted by Orchard, Hiltz & McCliment,
Inc. of Livonia, Michigan for traffic consulting services for FY 2007/08, is
hereby accepted and the City Purchasing Agent is authorized to issued a
purchase order for said services in the amount of $30,000 and the City Attorney
can approve any necessary related contracts for signature by the City
RESOLVED FURTHER, that the City
NEWSPAPER DIGITIZATION PROJECT - LIBRARY
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, the City Council accepted a donation of $35,000 from the Friends of the Grace A. Dow Memorial Library to fund newspaper digitization; and
WHEREAS, it has been determined that ProQuest Company, located in Ann Arbor, Michigan, best meets the specifications of the project within the allotted funding; and
WHEREAS, the funds are available in the 2007-2008 Grace A. Dow Memorial Library Fund Budget; now therefore
RESOLVED, that the newspaper digitization project for the Grace A. Dow Memorial Library be awarded to ProQuest Company and authorize the Mayor and the City Clerk to enter into a contract in an amount not to exceed $35,000 once the contract has been reviewed and approved by the City Attorney. (Motion ADOPTED.)
SIDEWALK REPLACEMENT PROGRAM
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for the 2007 Sidewalk
Replacement Program, Bid No. 3022; and
WHEREAS, funding for this project in the amount of $100,000.00 is
included in the 2007-08 Fiscal Year General Fund budget for Sidewalk
Maintenance, “Contracted Sidewalk Construction”; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase
order to Gulf States, Inc. of Midland, Michigan, not to exceed the amount of
$100,000.00 for sidewalk replacement work to take place between July 1 -
December 31, 2007, in accordance with the proposal and city specifications; and
RESOLVED FURTHER, that the City
CONDITIONAL USE PERMIT NO. 23
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
WHEREAS, J.S.W. Holding, LLC submitted a
request for a conditional use permit review and approval to allow a 14 stall
parking lot in a Residential A-1 zone at 4815 Christie Court; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
1. All off-street parking and storage spaces shall meet
the requirements of Section 5.01(D) 3 of the Midland Zoning Ordinance. All
parking spaces shall be delineated by double striping.
2. The required handicapped accessible parking stall
shall be located closest to the entrance of the building.
3. The landscaping shall adhere to Article 6 of the
Zoning Ordinance including the provision for three (3) additional trees to what
has been proposed on the plan.
4. The access lane between the new and existing parking
lots shall be 20 feet.
5. The adjacent building and existing parking lot need to
be shown on a revised site plan.
6. The following permits will be required upon
conditional use approval by the Planning Commission:
a. Street excavation permit (Engineering Department)
b. Catch basin connection permit (Engineering Department)
c. Traffic control permit (Engineering Department)
in accord with Section 28.02(B) of the Zoning
Ordinance of the City of Midland; now therefore
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, August 13, 2007, at
7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the request for a conditional use permit; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to notify property owners and occupants within three hundred (300)
feet of the area proposed by transmitting notice on July 27, 2007 and to publish
said notice on July 28, 2007. (Motion
ADOPTED.)
PROPOSED 2007-08 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT
The following resolution was offered by
Councilman Adams and seconded by Councilman Myers:
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 23, 2007 in
the Council Chambers of City Hall on the proposal to amend the 2007/08 budget
of the Equipment Revolving Fund to increase expenditures in the Capital Outlay,
Vehicles account by $23,500 for the unanticipated replacement of a police car
that was totaled in a collision. (Motion
ADOPTED.)
FRIENDS OF MCTV –
NON-PROFIT ORGANIZATION REQUEST
Assistant City Manager Jack Duso presented a
request from the Friends of MCTV for City Council recognition of their
non-profit status in the community for the purpose of registering with the
Charitable Gaming Division of the Michigan Lottery. Donald Deibert,
representing the Friends of MCTV, spoke in favor of the requested recognition. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Adams:
RESOLVED, that the request from
the Friends of MCTV of the City of Midland, county of Midland, asking that they be
recognized as a nonprofit organization operating in the community for the
purpose of obtaining a charitable gaming license, be considered for disapproval. (Motion APPROVED. Yeas:
Johnson, McKeag, Myers, Rokosz Nays:
Adams)
Being no further business the meeting adjourned at 9:18 p.m.
______________________________________
Selina Tisdale, City