November
19, 2007
A
regular meeting of the City Council was held on Monday, November 19, 2007, at
7:00 p.m. in the Council Chambers of City Hall.
Mayor Pro Tem Adams presided. The
Pledge of Allegiance to the Flag was recited in unison.
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Councilmen
present: |
Thomas
Adams, Maureen Donker, Hollis McKeag, Joseph Rokosz |
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Councilmen
absent: |
Bruce
Johnson |
MINUTES
Approval
of the minutes of the November 12, 2007 regular meeting was offered by
Councilman McKeag and seconded by Councilman Rokosz. (Motion ADOPTED.)
PUBLIC COMMENTS
Richard
McCreadie, 2700 Washington, spoke regarding the November 12, 2007 City Council
approval of a Wheeler Street site plan and asked Council to reconsider its
decision.
ORDINANCE AMENDMENT - PILOT FOR AFFORDABLE HOUSING ALLIANCE
Fiscal
Services Director David Keenan presented for second reading an ordinance
amending Chapter 2, Article XIII, of the City Code of Ordinances to provide
Payment in Lieu of Taxes (PILOT) on two properties owned by Affordable Housing
Alliance (AHA). Sharon Mortensen,
Executive Director of the Council on Domestic Violence and Sexual Assault
(Shelterhouse), spoke regarding the project and encouraged Council support of
the PILOT request. Roger Mikusek,
Executive Director of AHA, responded to Council questions. Tom McCann, 3310 Jefferson Avenue, spoke in
opposition to the PILOT concept and encouraged Council to consider what
additional subsidized funding this project may be receiving. Ceil Rokosz, 216 William Street, spoke in
opposition to the PILOT request and questioned the additional subsidy provided
by other entities to PILOT projects. The
following ordinance amendment was then offered by Councilman Donker and
seconded by Councilman McKeag:
Ordinance No. 1644
An
ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by
amending Section 2-262, Article XIII Of chapter 2 and by adding new sections
which shall be designated as sections 2-260.11, 2-260.12, 2-264.9 and 2-264.10,
Article Xiii, Chapter 2 thereof.
The
City of Midland Ordains:
Section
1. Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and
low-income persons is hereby amended to read as follows:
Sec.
2-262. Class of
housing developments.
It is hereby determined that the class of
housing developments to which the tax exemption shall apply, and for which a
service charge shall be paid in lieu of such taxes, shall be that portion of a
development which is for elderly persons or low-income persons and which is
financed or assisted pursuant to the act.
It is further determined that Grove Street Commons I, Grove Street
Commons II, The Village At Joseph’s Run, Granite Club Acres #1, Chippewassee
Court Phase I, Chippewassee Court Phase II, Adams Acres Phase I, 606/608 Hemlock Street and 5004 Tucker
Street and the elderly portions of Charter Square and Green Hill are of this
class.
Sec.
2-260.11. 606/608 Hemlock Street.
The City acknowledges that the Affordable
Housing Alliance of Midland County, a 501(c)3
corporation (a sponsor, as defined herein) has offered, subject to allocation
of tax credit financing from the authority, under Section 42 of the Internal
Revenue Code, as amended, to erect or operate and maintain a housing
development identified as 606/608 Hemlock Street located on the following
described property:
South 36 feet OF LOTs 2 and the North 51.5
feet OF LOT 3 Block J Carter
Subdivision.
Sec.
2-260.12. 5004 Tucker Street.
The City acknowledges that the Affordable
Housing Alliance of Midland County, a 501(c)3 corporation
(a sponsor, as defined herein) has offered, subject to allocation of tax credit
financing from the authority, under Section 42 of the Internal Revenue Code, as
amended, to erect or operate and maintain a housing development identified as
5004 Tucker Street located on the following described property:
Beginning 173.5 feet East and 45 rods North
OF Southwest corner OF southeast 1/4
OF southwest 1/4 Section 4, East 123.5
feet, North 82.5 feet, West 123.5 Feet, South
82.5 feet to the beginning.
Sec.
2-264.9.
Establishment of annual service charge for 606/608 Hemlock
Street.
(a) Annual
service charge. The housing development identified as 606/608
Hemlock Street and the property on which it is located shall be exempt from all
property taxes from and after the enactment of this ordinance and for the year
subsequent to timely notification of exemption by the Michigan State Housing
Development Authority. The City,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this ordinance and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established in this ordinance, and in consideration of the sponsor’s
offer, subject to receipt of an allocation of low-income housing tax credits
under Section 42 of the Internal Revenue Code of 1986, as amended, to
construct, own or operate the housing development, agrees to accept payment of
an annual service charge for public services in lieu of all property
taxes. The annual service charge shall
be equal to four percent (4%) of the annual shelter rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding
subsection (a), the service charge to be paid each year in lieu of taxes for
the part of the housing development which is tax exempt and which is occupied
by other than low-income persons shall be equal to the full amount of taxes
which would be paid on that portion of the housing development if the housing
development were not exempt.
Sec.
2-264.10. ESTABLISHMENT of annual service charge for 5004 Tucker street.
(a) Annual
service charge. The housing development identified as 5004
Tucker Street and the property on which it is located shall be exempt from all
property taxes from and after the enactment of this ordinance and for the year
subsequent to timely notification of exemption by the Michigan State Housing
Development Authority. The City, acknowledging
that the sponsor and the authority have established the economic feasibility of
the housing development in reliance upon the enactment and continuing effect of
this ordinance and the qualification of the housing development for exemption
from all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding
subsection (a), the service charge to be paid each year in lieu of taxes for
the part of the housing development which is tax exempt and which is occupied
by other than low-income persons shall be equal to the full amount of taxes
which would be paid on that portion of the housing development if the housing
development were not exempt.
Section
3. This Ordinance shall take effect upon
publication. (Ordinance ADOPTED. Yeas:
Adams, Donker, McKeag Nays: Rokosz)
ORDINANCE AMENDMENT – LIBRARY FINES (1st reading)
Grace
A. Dow Memorial Library Director Melissa Barnard presented information on an
ordinance amending Article IV, Chapter 21, Library Fines, Fees and Other
Charges. Introduction and first reading
of the following ordinance amendment was then offered by Councilman McKeag and
seconded by Councilman Donker:
ORDINANCE NO. _______
AN ORDINANCE TO AMEND
THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS
21- 90, 21-91 and 21-92 OF ARTICLE IV OF CHAPTER 21 THEREOF.
The City of Midland
Ordains:
Section
1. Sections 21-90, 21-91 and 21-92 of
Article IV of Chapter 21 are amended to read as follows:
Sec.
21-90. Library fines.
The OVERDUE fines for library services
are as follows:
(1) Overdue fines:
1.
Adult
materials, $0.15 per day, per item, up to a maximum
of $10.00 $15.00 per item per check out period, or the cost of the item,
whichever is less.
2.
Juvenile
materials, $0.10 per day, per item, up to a
maximum of $5.00 $10.00 per item per check out period, or the cost of the item,
whichever is less.
3.
Videos,
$1.00 per day, per video up to the replacement cost of the video.
c.
Audiovisual
equipment, $1.00 per hour
A FOUR-DAY GRACE PERIOD AFTER THE DUE
DATE IS ALLOWED ON ALL MATERIALS EXCEPT BOOK EXPRESS BOOKS, AND VIDEOS. IF THE MATERIAL IS RETURNED ON THE FIFTH DAY
AFTER THE DATE DUE, THE FINE IS RETROACTIVE TO THE ORIGINAL DATE.
(2) Other fines:
a. Video rewind fine, $1.00 per item
Sec.
21-91. Use fees.
The
fees for library services are as follows:
(1) Use fees:
a.
Videos: $1.25 per check out period
1.
UP TO SIX (6) MONTHS AFTER RELEASE: $2.50 per check-out period
2.
SIX
(6) MONTHS AFTER RELEASE PER CHECK OUT PERIOD:
$1.25 PER CHECK OUT PERIOD
THE
FEES FOR VIDEOS MAY BE ADJUSTED OR BE WAIVED AT THE DISCRETION OF THE LIBRARY
DIRECTOR.
b.
Holds
placed: $0.25 per hold
LIBRARY OF
MICHIGAN MeL (MICHIGAN ELECTRONIC LIBRARY) CATALOG REQUESTS: NO CHARGE
c.
Temporary cards: $25.00 PER YEAR ($15.00
refundable)
d.
Non-resident cards: $75.00 per year
e.
Replacement
cards: $2.00; damaged cards will be replaced free of charge UPON PRESENTATION
OF DAMAGED CARD BY CARD HOLDER.
f.
Tokens:
Audiovisual room: $0.50 per ½ hour, typewriter
F. SERVICE CHARGE OF $1.00 FOR PRIVILEGE OF
BORROWING MATERIALS WITHOUT HAVING LIBRARY CARD READILY AVAILABLE. (ALL CIRCULATION POLICIES APPLY.)
G.
PUBLIC
COMPUTERS PRINTING/COPYING
1. BLACK AND WHITE – FIRST PAGE NO
CHARGE, ADDITIONAL PRINTING $0.10 PER PAGE
2. COLOR - $1.00 PER PAGE
3. COPY MACHINES, MICROFORM READER
PRINTER - $0.10 PER PAGE
H.
INTERLIBRARY
LOANS – ALL CHARGES FROM LOANING LIBRARIES INCLUDING POSTAGE REQUESTING THE
INFORMATION. PAYMENT REQUIRED IN ADVANCE
I.
LAPTOP
COMPUTERS – FIRST HOUR NO CHARGE, $2.50 EACH ADDITIONAL HOUR, IN-HOUSE USE
ONLY, RESTRICTED TO ADULTS 18 YEARS OR OLDER.
BORROWER AGREEMENT TO BE SIGNED PRIOR TO USE
J.
FEES
FOR SPECIAL PROGRAMS CAN BE CHARGED AT THE DISCRETION OF THE LIBRARY DIRECTOR
(2) Audio/visual
equipment use fees:
Cost to checkout: $5.00
Overdue fine: $1.00 per hour
(2) MEETING
FACILITIES USE FEES:
A DEPOSIT MAY BE REQUIRED AT TIME
OF RESERVATION
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Profit Groups |
Not for Profit and 501(c) Groups |
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a.
Conference Room |
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No charge |
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Overhead Projector |
$10.00/DAY |
$10.00/DAY |
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b.
Lounge |
$30.00/HR MIN 2 HRS |
$15.00/HR MIN 2 HRS |
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Additional hours |
$20.00/HR |
$15.00/hr |
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Overhead Projector |
$10.00/DAY |
$10.00/DAY |
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Large Screen TV and VCR/DVD |
$20.00/DAY |
$20.00/DAY |
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COFFEE URNS |
$5.00/DAY |
$5.00/DAY |
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Custodial Overtime |
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Monday—Saturday |
$35.00/HR |
$35.00/HR |
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Sunday |
$40.00/HR |
$40.00/HR |
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c.
Auditorium |
MIN 2 HRS |
$20.00/HR MIN 2 HRS |
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Additional hours |
$30.00/hr |
$20.00/hr |
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Piano |
$30.00/DAY |
$30.00/DAY |
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TUNING NOT INCLUDED, MARKET RATE |
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Overhead Projector |
$10.00/DAY |
$10.00/DAY |
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Video Projection System |
$50.00/DAY |
$50.00/DAY |
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Custodial Overtime |
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Monday—Saturday |
$35.00/HR |
$35.00/HR |
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Sunday |
$40.00/HR |
$40.00/HR |
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d.
MEZZANINE |
NA |
$25.00/MONTH PLUS CUSTODIAL SERVICES
AND MATERIALS IF NECESSARY |
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Custodial Overtime |
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Monday—Saturday |
$35.00/HR |
$35.00/HR |
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Sunday |
$40.00/HR |
$40.00/HR |
Sec.
21-92. Other charges.
The
other charges for library services are as follows:
(1) Lost and/or damaged materials charges:
a. Vertical file envelope: $2.00
b. Audiovisual bag: $1.50
c. Audiocassette cases:
1
tape: $3.00
2
tapes: $3.50
4
tapes: $5.50
6
or more tapes: $6.00
d. Videocassette box: $2.50
e. Jewel boxes:
Single:
$1.50
Multi:
$3.50
A.
PROTECTIVE HOLDERS THAT ARE
DAMAGED BEYOND NORMAL WEAR AND TEAR - $4.00 REPLACEMENT AND PROCESSING PER ITEM
fB. Lost items: Cost of THE item PER
LIBRARY DATABASE plus
AN $5.00 $8.00 processing fee
gC. Damaged
material: Charges depend on extent of damage. If an item is returned with
missing parts, the entire item must be paid for plus a $5.00 processing
fee. IF AN ITEM IS RETURNED BEYOND
REPAIR, THE TOTAL COST OF THE ITEM PER THE LIBRARY DATABASE MUST BE PAID PLUS
AN $8.00 PROCESSING FEE. IF
AUDIOCASSETTES OR BOOKS ON CDS AND MP3S ARE RETURNED WITH MISSING ITEMS THAT
CAN BE REPLACED, THE COST OF THE REPLACEMENT PER THE VENDOR PLUS AN $8.00
PROCESSING FEE WILL BE CHARGED
h.
Service
charge of $1.00 for privilege of borrowing materials without having library
card readily available. (All circulation policies apply.) (moved)
(2) FAILURE
TO PAY ASSESSED FINES AND FEES MAY RESULT IN SUSPENSION OF LIBRARY PRIVILEGES
OR FURTHER LEGAL ACTION
Section 2. This
Ordinance shall take effect on February 4, 2008. (Motion ADOPTED. Considered first reading.)
POWDER HORN TRAIL RIGHT-OF-WAY
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the attached Warranty Deed from The Tom McLand Company, LLC to the City of
Midland for the right-of-way of Powder Horn Trail, a new street lying westerly
from Foxfire Subdivision No. 1, in Section 1, T. 14 N., R. 1 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.)
FILING OF THE 2007 LOCC DETERMINATIONS
City
Clerk/Community Relations Director Selina Tisdale introduced Gerald Geyer,
Chairman of the 2007 Local Officers’ Compensation Commission (LOCC), who
presented the filing of the 2007 LOCC Determinations. The following resolution was offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local
Officers’ Compensation Commission has duly met and approved its 2007 Local
Officers’ Compensation Commission Determinations; and
WHEREAS,
said determinations were officially filed by the Chairman of the Local
Officers’ Compensation Commission in the Office of the City Clerk, 333 W.
Ellsworth Street, Midland, Michigan on November 13, 2007; and
WHEREAS,
in accord with Article IX of Chapter 2 of the Code of Ordinances the
determinations made by the Local Officers’ Compensation Commission shall become
effective on December 13, 2007 unless said determinations are rejected by a 4/5
vote of the City Council; now therefore
RESOLVED,
that the City Clerk’s notification of the filing of 2007 Determinations of the
Local Officers’ Compensation Commission of the City of Midland on November 13,
2007 is hereby acknowledged by the City Council as having been received; and
RESOLVED
FURTHER, that the City Council hereby directs that an additional copy of the
2007 Determinations of the Local Officers’ Compensation Commission be filed in
the Governmental Corner of the Grace A. Dow Memorial Library for public review;
and
RESOLVED FURTHER, that the City
Manager is hereby directed to place this item on the December 3, 2007 City
Council agenda for the purpose of hearing any public comments prior to any
action taken by the City Council. (Motion ADOPTED.)
MOLLY’S BISTRO LIQUOR LICENSE
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
It
is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
HOLIDAY INN LIQUOR LICENSE
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
It
is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY ANNUAL FINANCIAL STATEMENTS
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that the Saginaw-Midland Municipal
Water Supply Corporation Annual Financial Statements and Auditors’ Report dated
June 30, 2007, with comparative figures for June 30, 3006, be received and
filed in the office of the City Clerk.
(Motion ADOPTED.)
TRAFFIC CONTROL ORDER P-07-22
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that Traffic
Control Order No. P-07-22 filed July 31, 2007 pursuant to Chapter 24 of the
Code of Ordinances to establish traffic control as follows:
That
one-hour parking shall be permitted on the south side of E. Main Street for the
first two parking stalls west of Townsend Street.
is hereby made permanent. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER P-07-24
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that Traffic Control Order
No. P-07-24 filed August 27, 2007 pursuant to Chapter 24 of the Code of
Ordinances to establish traffic control as follows:
That
parking shall be prohibited on Discovery Way between Washington Street and
Saginaw Road.
is hereby made permanent. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER R-07-12
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that Traffic Control Order No. R-07-12 filed August 27, 2007 pursuant to
Chapter 24 of the Code of Ordinances to establish traffic control as follows:
That the speed
limit of Discovery Way between
Washington Street and Saginaw Road shall be 35 mph.
is hereby made permanent. (Motion
ADOPTED.)
CONTRACTED APPRAISAL SERVICES – MCV TAX APPEAL
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Midland Cogeneration Venture (MCV) appealed the 1997 - 2007 assessments and
taxable values of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS,
the appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, A. A.
Schoenwald Associates, Inc. and Whitfield Russell Associates have been utilized
in assisting the City of Midland in its defense of said appeal; and
WHEREAS,
on April 14, 2003 City Council authorized payments to Walsh & Associates,
Inc., George E. Sansoucy, A. A. Schoenwald Associates, Inc. and Whitfield
Russell Associates for the aforementioned services in a total amount not to
exceed $4,480,000; and
WHEREAS,
the cost of continuing said services is expected to exceed the previously
approved amount and therefore approval of the City Council is required under
Section 2-18 of the Code of Ordinances; and
WHEREAS,
sufficient budgetary funding exists within the 2007-2008 Appraisal Fees budget
for the MCV tax appeal cases; now therefore
RESOLVED,
the above-referenced services are hereby determined to be professional services
within the meaning of Section 2-19 of the Code of Ordinances and do not require
sealed proposals; and
RESOLVED
FURTHER, that authorization for payment to the appraisal firms of Walsh &
Associates, Inc., George E. Sansoucy, A. A. Schoenwald Associates, Inc. and Whitfield
Russell Associates for their assistance in connection with the aforementioned
appeal is hereby increased to an amount not to exceed $4,775,000.
(Motion ADOPTED.)
CONTRACTED LEGAL SERVICES – MCV TAX APPEAL
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Midland Cogeneration Venture (MCV) appealed the 1997 - 2007 assessments and
taxable values of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS,
the law firms of Braun, Kendrick, Finkbeiner, P.L.C. and Westrate and Thomas,
P.C., formerly known as Westrate and Holmstrom, P.C., have been utilized in
assisting the City of Midland in its legal defense of said appeal; and
WHEREAS,
on February 26, 2007, Council authorized payments to Braun, Kendrick,
Finkbeiner, P.L.C. and Westrate and Thomas, P.C. for the aforementioned
services in a total amount not to exceed $6,200,000; and
WHEREAS,
the cost of continuing said services is expected to exceed the previously
approved amount and therefore approval of the
WHEREAS,
sufficient budgetary funding exists within the 2007-2008 Legal Fees budget for
the MCV tax appeal cases; now therefore
RESOLVED,
that the above-referenced services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED
FURTHER, that authorization for payment to the law firms of Braun, Kendrick,
Finkbeiner, P.L.C. and Westrate and Thomas, P.C. for their assistance in
connection with the aforementioned appeal is hereby increased to an amount not
to exceed $6,790,000. (Motion ADOPTED.)
PURCHASE – USED REAR PACKER REFUSE TRUCK
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Department of Public Services routinely purchases good condition used rear
packer refuse trucks for use as back-up vehicles and for short-term programs;
and
WHEREAS,
funding for a used rear packer refuse truck is appropriated in the 2007-08
Equipment Revolving Fund budget for Capital Outlay, Vehicles; and
WHEREAS,
a used truck that meets Public Services’ needs is available from RDK Truck
Sales of Tampa, Florida; now therefore
RESOLVED,
that the City Council hereby determines that sealed bids are impractical, and
in accordance with Section 2-18 of the Code of Ordinances, the requirement for
sealed proposals is hereby waived and the Purchasing Agent is authorized to
issue a purchase order to RDK Truck Sales of Tampa, Florida in the amount of
$52,883 for the purchase of a used rear packer refuse truck. (Motion ADOPTED.)
PURCHASE – TWO SERVICE BODY TRUCKS
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
bids for light duty trucks are solicited by the State of Michigan and the City
of Midland is authorized to make purchases from this program; and
WHEREAS,
sufficient funding for the purchase of two utility service body trucks is
included in the 2007-08 Equipment Revolving Fund Capital Outlay budget and
Wastewater budget; now therefore
RESOLVED,
that the Purchasing Agent is authorized to issue a purchase order to the State
of Michigan’s selected vendor, Gorno Ford of Woodhaven, Michigan in the amount
of $55,433 for the purchase of two utility service body trucks, all in
accordance with the State of Michigan Extended Purchasing Program proposal and
specifications. (Motion ADOPTED.)
LANDFILL COMPACTOR EMERGENCY REPAIR
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the City of Midland Landfill owns and operates a Bomag 1172 garbage compactor
(Bomag), valued at over $600,000.00 new, for crushing waste generated in
Midland County; and
WHEREAS,
on October 24, 2007 the Bomag experienced a catastrophic wheel drive failure
which rendered the machine unusable for normal operation; and
WHEREAS,
the failure was determined to be an internal snap ring which holds the gear
assembly in place, which allowed the drive gears to thrust outward against the
metal end plate which destroyed the gears; and
WHEREAS,
due to the nature of the failure, individual parts could not be replaced and
instead, the entire gear assembly and housing had to be purchased and replaced
at a total cost for the gear assembly, including delivery from Germany and
installation, was $50,800.95; and
WHEREAS,
the emergency repair was made by Midland Engine at the request of City staff,
and the compactor is now running as intended; and
WHEREAS,
funds have been transferred and are available in the 2007/08 Landfill Budget
account #517-8110-811.93-21 – Equipment Maintenance; now therefore
RESOLVED,
that in accord with Code Section 2-18, the requirement for sealed competitive
proposals is hereby waived as impractical, and a purchase order is authorized
to Midland Engine, Inc. in the amount of $50,800.95 for the emergency repair of
the Landfill Bomag 1172 garbage compactor.
(Motion ADOPTED.)
PO INCREASE – TRENCHLESS SEWER LINE REPAIRS
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
sealed bids for Trenchless Sewer Repairs (Rates), Bid No. 3046, have been
advertised and received in accord with section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
the low bid rates accepted from Lanzo Lining Service, Inc. (Lanzo) of Roseville
are structured whereby the larger the diameter of the pipe, the higher the cost
per lineal foot for the installation of the liner; and
WHEREAS,
this fall, the repair of two stretches of sanitary sewer pipe were
administratively approved at the accepted rates for a total cost of $14,790.00;
and
WHEREAS,
while Lanzo was on site in Midland, a third stretch of 10-inch pipe 307 lineal
feet, needing immediate attention, was identified in the area of Townsend,
between Grove and Indian Streets, and the repair was made by Lanzo at a cost of
$10, 438.00 ($34.00 x 307 feet); and
WHEREAS,
the Townsend repair requires Council approval to increase the existing purchase
order of $14,790.00 by $10,438.00 to equal the aggregate amount of $25,228.00
($14,790.00 + $10,438.00) for the three repairs; and
WHEREAS,
funding is available in the 2007/08 Wastewater Fund, account
#590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore
RESOLVED,
that an increase of $10,438.00 to an existing purchase order of $14,790.00,
bringing the aggregate amount to $25,228.00 for trenchless sewer lining repairs
is hereby authorized to Lanzo Lining Service, Inc. in the amount of $25,228.00;
and
RESOLVED
FURTHER, that additional purchase orders in aggregate not to exceed $24,500.00
is hereby authorized. (Motion ADOPTED.)
CONDITIONAL USE PERMIT NO. 26 – COUNTY OF MIDLAND
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the County of Midland submitted a request for a conditional use permit review
and approval to allow a 250 bed county jail in a Community Zoning District at
101 Rockwell Drive on 30 acres; 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. The
stormwater detention system is designed and constructed in accordance with the
City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All
parking spaces shall comply with Section 5.01(d) of the Zoning Ordinance and be
delineated by the “box” style striping.
6. A
5 foot concrete sidewalk shall be installed along the developed frontage of
Fast Ice Drive.
7. The
landscaping and berm along Rockwell Drive shall be relocated in such a way as
to not impede the utility easement.
8. The
emergency evacuation area should be located at the south side of the building.
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, December 17, 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 November 30, 2007 and to publish said notice on December 1, 2007. (Motion ADOPTED.)
FREEDOM OF INFORMATION ACT DENIAL APPEAL
City
Attorney James O. Branson, III introduced a resolution authorizing the City
Council to take action on the Freedom of Information Act denial appeal. Oswald Anders spoke and withdrew his appeal.
Being
no further business the meeting adjourned at 8:50 p.m.
______________________________________
Selina Tisdale, City