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.

 

Councilmen present:

Thomas Adams, Maureen Donker, Hollis McKeag, Joseph Rokosz

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

3.    CHILDREN’S VIDEOS: NO CHARGE

                                     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

 

 

 

Profit Groups

Not for Profit

and 501(c) Groups

a.     Conference Room

$10.00/hr
$25.00/HR

 

No charge

 

TV/VCR

$5.00/day

$5.00/day

 

Slide Projector

$5.00/day

$5.00/day

 

 

Overhead Projector

$5.00/day

$10.00/DAY

$5.00/day

$10.00/DAY

b.    Lounge

$50.00/2 hrs

$30.00/HR

MIN 2 HRS

$25.00/2 hrs

$15.00/HR

MIN 2 HRS

 

Additional hours

$15.00/hr

$20.00/HR

$15.00/hr

 

Slide Projector

$5.00/day

$5.00/day

 

Overhead Projector

$5.00/day

$10.00/DAY

$5.00/day

$10.00/DAY

 

Large Screen TV and VCR/DVD

$10.00/day

$20.00/DAY

$10.00/day

$20.00/DAY

 

COFFEE URNS

$5.00/DAY

$5.00/DAY

 

Custodial Overtime

 

 

 

   Monday—Saturday

$25.00/hr

$35.00/HR

$25.00/hr

$35.00/HR

 

       Sunday

$30.00/hr

$40.00/HR

$30.00/hr

$40.00/HR

c.    Auditorium

$100.00/4 hrs
$40.00/HR

MIN 2 HRS

$50.00/4 hrs

$20.00/HR

MIN 2 HRS

 

Additional hours

$30.00/hr

$30.00/hr

$20.00/hr

 

Slide Projector

$5.00/day

$5.00/day

 

Piano

 

$20.00/day

$30.00/DAY

$20.00/day

$30.00/DAY

                                         TUNING NOT INCLUDED, MARKET RATE

 

Slide Projector

$5.00/day

$5.00/day

 

Overhead Projector

$5.00/day

$10.00/DAY

$5.00/day

$10.00/DAY

 

Video Projection System

$20.00/day

$50.00/DAY

$20.00/day

$50.00/DAY

 

Light Booth Technician

$35.00/4 hrs

$35.00/4 hrs

 

Custodial Overtime

 

 

 

     Monday—Saturday

$25.00/hr

$35.00/HR

$25.00/hr

$35.00/HR

 

          Sunday

$30.00/hr

$40.00/HR

$30.00/hr

$40.00/HR

d.     MEZZANINE

NA

$25.00/MONTH PLUS CUSTODIAL SERVICES AND MATERIALS IF NECESSARY

 

Custodial Overtime

 

 

 

     Monday—Saturday

$25.00/hr

$35.00/HR

$25.00/hr

$35.00/HR

 

     Sunday

$30.00/hr

$40.00/HR

$30.00/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:

RESOLVED, that the request from Molly’s Bistro of Midland LLC for a new Class C license with Dance-Entertainment permit, issued under MCL 436.1521a(1)(b) to be located at 134 Ashman, Midland, MI  48640, Midland County be considered for approval.

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:

 

RESOLVED, that the request from BUDWARKER, INCORPORATED TO TRANSFER ALL STOCK IN 2007 B-HOTEL LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 1500 W. WACKERLY, MIDLAND, MI  48640, MIDLAND COUNTY, THRU ISSUANCE OF 50,000 SHARES FROM THE CORPORATION TO NEW STOCKHOLDER, ERIE HOSPITALITY, LLC; AND BY DROPPING ROBERT A. WHITTAKER (20,000), FLOYD V. HALL (47,500), AND ERMA L. WHITTAKER (7,500) AS STOCKHOLDERS THRU TRANSFER OF THEIR COMBINED 75,000 SHARES TO ERIE HOSPITALITY, LLC (STEP 11) be considered for approval.

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 City Council is required under Section 2-18 of the Code of Ordinances; and

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

 

      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.

 

 

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            Selina Tisdale, City Clerk