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.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

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 Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.25 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion ADOPTED.)

 

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 City Council hereby accepts the generous donation from the Entranceways Initiative Task Force in the amount of $90,400 to be used as the local cost sharing match for the subject landscaping project.  (Motion ADOPTED.)

 

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 III of Chapter 28, illegal stormwater connections to sanitary sewers. 

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, Engineering Department policy requires subdivision lots, which border public streets, to install sidewalks on these public streets if none exist; and

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:

 

RESOLVED, That the request submitted by Molly’s Bistro of Midland, LLC, located at 134 Ashman, St., Midland, MI, for an on-premise liquor license issued pursuant to Section 501 a (1) (b) of PA 501 of 2006 be considered for approval above all others.

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 Building Authority for the year ended June 30, 2006 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

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 Manager; 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 $10,000.  (Motion ADOPTED.)

 

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 Manager is authorized to approve change orders in aggregate up to $20,000 should additional funding become available.  (Motion ADOPTED.)

 

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 Planning Commission has submitted its recommendation of approval, contingent upon the following:

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.

 

 

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            Selina Tisdale, City Clerk