February 25, 2008

 

A regular meeting of the City Council was held on Monday, February 25, 2008, 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 February 11, 2008 special and regular meetings was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

MCV TAX APPEAL FINAL SETTLEMENT

City Attorney James O. Branson, III introduced a resolution authorizing the City Attorney to execute final settlement documents with Midland Cogeneration Venture (MCV) in connection with pending tax appeals.  City Manager Jon Lynch made a presentation on issues regarding the settlement.  Rod Boulanger, MCV President and CEO, spoke regarding the settlement.   The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland Cogeneration Venture appealed the 2001 through 2007 assessments and taxable values of certain real and personal property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the City Council previously authorized the City Manager and City Attorney to enter into settlement negotiations with the Midland Cogeneration Venture; now therefore

RESOLVED, that the City Attorney is authorized to execute final settlement documents to be filed with the Michigan Tax Tribunal.  (Motion ADOPTED.)

 

 

REVISION TO ZONING ORDINANCE 1585

Deputy Director of Planning and Community Development Daryl Poprave presented revisions to Zoning Ordinance No. 1585.  A public hearing opened at 7:54 p.m., recognizing no public comments, the hearing closed at 7:54 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. 1649

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP.

The City of Midland Ordains:

Section 1.  That the Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to read as follows.

(see packet for full text)

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only

to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

2007-08 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Karen Murphy presented an amendment to the 2007-08 Equipment Revolving Fund budget for the replacement of a salt/plow truck totaled in an accident and a bid for Council approval to replace the vehicle.  A public hearing opened at 7:58 p.m., recognizing no public comments, the hearing closed at 7:58 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, February 25, 2008 on the proposal to amend the 2007-08 budget of the Equipment Revolving Fund to increase expenditures in the Capital Outlay, Vehicles account by $76,102 for the unanticipated replacement of a salt/plow truck that was totaled in a recent accident, and to increase the revenue by $20,362 to reflect insurance money collected for the wrecked vehicle; and

WHEREAS, there are sufficient funds in the Equipment Revolving Fund working capital account to cover the remaining cost of the replacement vehicle; now therefore

RESOLVED, that the 2007-08 budget of the Equipment Revolving Fund is hereby amended to increase expenses by $76,102 for the purchase of a salt/plow truck, and to increase revenues by $20,362 to recognize the insurance money recovered for the wrecked vehicle.  (Motion ADOPTED.)

 

REPLACEMENT OF SALT/PLOW TRUCK

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a single axle dump truck, Bid No. 3083; and

WHEREAS, sufficient funding for the purchase of the dump truck is included in the 2007-08 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Diesel Truck Sales of Saginaw, Michigan in the amount of $76,102.00 for the purchase of one single axle dump truck to be equipped with existing city-owned  parts to replace salt/plow truck # 3-70 in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

2007-08 MUNICIPAL SERVICE CENTER RENTAL FUND BUDGET AMENDMENT

Director of Public Services Karen Murphy presented an amendment to the 2007-08 Municipal Service Center Rental Fund budget for replacement of a generator at the Service Center and a bid for Council approval to replace the generator.   A public hearing opened at 8:05 p.m., recognizing no public comments, the hearing closed at 8:05 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, February 25, 2008 on the proposal to amend the 2007-08 budget of the Municipal Service Center Rental Fund to recognize the unanticipated expense of replacing the generator at the Municipal Service Center; and

WHEREAS, there are sufficient funds in the Municipal Service Center Rental Fund working capital account to support this expenditure; now therefore

RESOLVED, that the 2007-08 budget of the Municipal Service Center Rental Fund is hereby amended to increase Capital Outlay expenditures by $67,200 for the purchase and installation of a generator to supply backup power to the facility during power outages. (Motion ADOPTED.)

 

MUNICIPAL SERVICE CENTER – GENERATOR REPLACEMENT

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a backup generator for the Municipal Service Center, Bid No. 3079; and

WHEREAS, sufficient funding for the purchase of the generator is included in the 2007-08 Municipal Service Center Rental Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bridgeway Power of Traverse City, Michigan in the amount of $46,606.56 for the purchase of generator to serve as a backup power supply for the Municipal Service Center facility in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

RECREATIONAL PROGRAMS – ORDINANCE AMENDMENTS

Parks and Recreation Director Brett Ireland presented for first reading ordinances amending fees for recreation programs, specifically Sec. 21-70 of Div.1 of Article II of Chapter 21 – Civic Arena fees and Sec. 21-71 of Div. 2 of Article II of Chapter 21 – Golf Course fees.   The following two ordinance amendments were then considered for first reading.

 

ORIDINANCE AMENDMENT – CIVIC ARENA FEES (first reading)

Bill Bartlett, President of Fast Ice, Inc., resident of 807 Hollybrook Drive, spoke regarding ice fee rental increases and hopes that ice user groups will continue to work with the city to keep ice time affordable while increasing the revenues brought in by outside user groups and non-ice revenue generators.  Introduction and first reading of the following ordinance amending Civic Arena fees was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

ORDINANCE NO. _________________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

 (1)

Individual Ice Skater – Adult

$      4.00

 

per session

(2)

Individual Ice Skater – Youth & Senior

$      3.00

 

per session

(3)

Skating Pass (25 admissions) – Adult

$    85.00

 

per pass

(4)

Skating Pass (25 admissions) – Youth & Senior

$    65.00

 

per pass

(5)

Skate Rental

$       2.00

 

per session

(6)

Rink Rental

$   180.00

$185.00

per hour

(7)

Rink Rental (M-F, 6:00 a.m. – 2:00 p.m.)

$   130.00

$135.00

per hour

(8)

Summer Rink Rental

$   180.00

$185.00

per hour

(9)

Non-Ice Rental (Equivalent to 2 rinks)

$ 2000.00

 

per day

(10)

Non-Ice Rental (Equivalent to 1 rink)

$ 1000.00

 

per day

(11)

Non-Ice Rental (Equivalent to ˝ rink)

$   500.00

 

per day

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ORDINANCE AMENDMENT – GOLF COURSE FEES (first reading)

Paul Handt, 5101 Highridge Court, spoke regarding fee changes at Currie Municipal Golf Course.  Carol Schaefer, citizen of Midland, golfer and operator of the food/beverage service at Currie Clubhouse for one year, spoke regarding the proposed fee changes and encouraged Council’s continued focus on balancing the needs of golfers with the needs for the golf course to be profitable.  Introduction and first reading of the following ordinance amending Golf Course fees 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 SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

Currie East Municipal Golf Course DAILY FEES

9-hole rate

 

 

     Regular weekday

 

$11.50  13.50 per play

     Regular weekend

 

$12.50  15.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$  8.00    9.00 per play

18-hole rate

 

 

     Regular weekday

 

$20.00  21.00 per play

     Regular weekend

 

$23.00  per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$13.00  15.00 per play

Twilight golf rate

 

 

(after 6:00 p.m. before Memorial Day & after Labor Day)

 

$  7.50  per play

(after 7:00 p.m. June – August)

 

 

Winter rate

 

 

(November 1 – March 1)

 

$  5.00 per play

Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th)

 

$  7.00 per play

Currie West Municipal Golf Course DAILY FEES

9-hole rate

 

 

     Regular weekday

 

$13.50  15.00 per play

     Regular weekend

 

$17.50  per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$  9.50  10.00 per play

18-hole rate

 

 

     Regular weekday

 

$22.00  25.00 per play          

     Regular weekend

 

$30.00  per play

     Weekend after 2:00 p.m.

 

$24.00  per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$15.50  17.00 per play

Twilight golf rate

 

 

(after 6:00 p.m. before Memorial Day & after Labor Day)

 

$  9.00  per play

(after 7:00 p.m. June – August)

 

 

Winter rate

 

 

(November 1 – March 1)

 

$  5.00  per play

Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th)

 

$  7.00  per play

Power Carts

 

 

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $15.00


 

Currie East and Currie West Municipal Golf Courses SEASON PASS FEES

Dual Unlimited play (East and West

Courses)

 

 

     Single season pass

 

780.00 per pass

     Double Couple season pass

 

1270.00 per pass

Unlimited play East Course ONLY

 

 

     Single season pass

 

$  715.00   700.00 per pass

     Double Couple season pass

 

$1165.00 1140.00 per pass

Restricted play (unlimited East Course play, weekdays and after 2:00 p.m. weekends on West Course)

 

 

     Single season pass

 

$  650.00 per pass

     Double season pass

 

$1060.00 per pass

Senior & Youth unlimited play

 

 

     Single season pass

 

$  635.00 per pass

     Double season pass

 

$1035.00 per pass

Dual Senior & Youth restricted play  (EAST AND WEST COURSES MONDAY THROUGH THURSDAY BEFORE 3:00 P.M., FRIDAY BEFORE 11:00 A.M., AND AFTER 1:00 P.M. ON WEEKENDS)

 

 

     Single season pass

 

$560.00  per pass

     COUPLE season pass

 

$900.00  per pass

Senior & Youth restricted play  (unlimited East Course play, weekdays and after 2:00 p.m. weekends on West Course EAST COURSE ONLY MONDAY THROUGH THURSDAY BEFORE 3:00 P.M., FRIDAY BEFORE 11:00 A.M., AND WEEKENDS AFTER 1:00 P.M.)

 

 

     Single season pass

 

$575.00  500.00 per pass

     Double COUPLE season pass

 

$940.00  800.00 per pass

Senior & Youth limited play (9 holes weekdays before 3:00 p.m. with differential for non-discounted times)

 

 

     Single season pass

 

$440.00  per pass

     Double season pass

 

$725.00  per pass

DUAL FAMILY PASS (EAST AND WEST COURSES FOR UNLIMITED FAMILY MEMBERS UNDER 19 YEARS)

 

$1450.00 per pass

Family pass – additional family member from same household  (EAST COURSE ONLY FOR UNLIMITED FAMILY MEMBERS UNDER 19 YEARS)

 

$410.00  1300.00 per pass

Power Carts FEES

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $15.00

CART LEASE

 

 

     SINGLE

 

$450.00 PER SEASON

     COUPLE

 

$675.00 PER SEASON

Trail Fee (private carts when USED ONLY BY owner or member of immediate family. is present ALL OTHER RIDERS MUST PAY A CART RENTAL FEE.)

 

 

     Season pass

 

$240.00  450.00 per pass

     Daily pass

 

$    6.00    10.00 per pass


 

Differential rates for Senior & Youth limited pass

Currie East Municipal Golf Course

9 hole rate

 

 

     Weekday

 

$  3.50 per play

     Weekend

 

$  4.50 per play

18 hole rate

 

 

     Weekday

 

$  7.00 per play

     Weekend

 

$10.00 per play

Currie West Municipal Golf Course

9 hole rate

 

 

     Weekday

 

$  4.00 per play

     Weekend

 

$  8.00 per play

18 hole rate

 

 

     Weekday

 

$  6.50 per play

     Weekend

 

$14.50 per play

PAR THREE COURSE DAILY FEES

Par 3 – Regular

 

$6.50  per play

Par 3 – Senior and Youth

 

$4.50  per play

20-play pass (9 holes) – Weekday only

 

$220.00 per pass

DRIVING RANGE

 

 

     SMALL BASKET

 

$5.00

     LARGE BASKET

 

$7.00

DRIVING RANGE SEASON PASS FEES

     SINGLE

 

$200.00

     COURSE SEASON PASS HOLDER (SINGLE)

 

$  50.00

     COURSE SEASON PASS HOLDERS (COUPLE)

 

$  75.00

JUNIOR GOLF PROGRAM

     Program Fee

 

$50.00 or Youth Restricted Play Pass

Note:  Season Pass rates will remain in effect for the 2008 season if purchased before              

           December 31, 2007.

SENIOR IS DEFINED AS 60 YEARS OF AGE AND OLDER.

YOUTH IS DEFINED AS UNDER 19 YEARS OF AGE.

COUPLE IS DEFINED AS HUSBAND AND WIFE.

FAMILY IS DEFINED AS HUSBAND AND WIFE AND THEIR CHILDREN.

Exception:  In order to fairly compete with non-municipal courses for golf outings, tThe 

GOLF COURSE MANAGER is authorized with the approval of the City Manager to reduce these DAILY fees on a discretionary basis for golf outings having a minimum of 40 golfers and to adjust fees in April and after September 17 if appropriate FOR THE PURPOSE OF MARKETING ADDITIONAL PLAY.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED. Considered first reading.)

 

2008 ANNUAL SIDEWALK REPORT

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2008 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

JOINT BUILDING AUTHORITY ANNUAL REPORT FOR YEAR ENDING 06/30/07

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2007 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.)

 

REVIEW, APPROVAL & EXECUTION OF REAL ESTATE DOCUMENTS

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, City staff has requested that City Council grant authority to the City Manager, or his designee, to execute future real estate documents, at the discretion of and following review by, the City Attorney; and

WHEREAS, future real estate documents are limited to documents which will subordinate, release or discharge trust deeds, mortgages or promissory notes to which the City is the grantor and purchase agreements which are contingent upon future City Council approval; now therefore

RESOLVED, that authorization is hereby granted to the City Attorney to review and approve future real estate documents; and

RESOLVED FURTHER, that authorization is hereby granted to the City Manager, or his designee, to execute future real estate documents which will subordinate, release or discharge trust deeds, mortgages or promissory notes to which the City is the grantor and purchase agreements which are contingent upon future City Council approval. (Motion ADOPTED.)

 

ANNEXATION – 7550 EASTMAN AVE (Wysong Corp) FROM LARKIN TOWNSHIP

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

SEC 33 T15N R2E COM AT N 1/8 COR ON W SEC LN, TH S 156 FT, E 660 FT, N 330 FT, W 660 FT, S 174 FT. 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

DDA – CHAPMAN RESIGNATION

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the resignation of Doug Chapman as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Chapman for his service on this important Board.  (Motion ADOPTED.)

 

PARK MOWING SERVICES

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for providing mowing services for various park properties within the City of Midland for a three-year period; and

WHEREAS, the bid period covers three years and while sufficient funds have been appropriated for fiscal year 2007-2008, the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the purchasing agent is authorized to issue purchase orders to Lee’s Mowing Service of Midland, Michigan in the amount of $7,110.76 per month beginning approximately April 1through October 31 for the years 2008, 2009 and 2010 provided that funds are appropriated in those fiscal years. (Motion ADOPTED.)

 

WATER MAIN AT DOW DIAMOND BASEBALL STADIUM

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, in 2006, the Michigan Baseball Foundation (MBF) requested that the City undertake construction of public improvements supporting a baseball stadium; and

WHEREAS, one of the improvements consisted of a public water main valued at $180,000.00 to ensure sufficient water volumes, pressure, and fire suppression for the stadium and surrounding area, for which Council agreed to commit funding; and

WHEREAS, the water mains were constructed by the contractor building the stadium, while associated City charges for labor and equipment totaled $8,678.08 for the water main tie-ins to the existing mains in the area, leaving a total balance of payment to the MBF of $171,321.92 ($180,000.00 - $8,678.08); and

WHEREAS, the funding was provided by a transfer within the Water Fund budget and is to be paid to the MBF upon completion of the improvements and the acquisition of necessary access easements; and

WHEREAS, the construction of the public water mains has been completed for some time, and the easement agreements were accepted by Council on February 11, 2008; now therefore

RESOLVED, that the payment of $171,321.92 to the Michigan Baseball Foundation for the City’s commitment to the public water main improvements associated with the Dow Diamond baseball stadium is hereby authorized. (Motion ADOPTED.)

 

PURCHASE OF PROPERTY AT 4574 E. WHEELER RD

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, upon the approval of the north expansion area at the Sanitary Landfill, which includes Cells 14-19, the City extended an open purchase offer to all adjoining landowners to ensure an adequate air and visual quality buffer surrounding the Landfill; and

WHEREAS, this winter, Claude W. and Dinien M. Ramey offered to sell their property located at 4574 E. Wheeler Road (Township of Midland) to the Landfill; and

WHEREAS, the property is a 0.73 acre parcel located to the northwest of the Landfill site for sale, and consists of a home with an attached two-car garage; and

WHEREAS, the Ramey property was appraised by the City Assessor using a cost method as well as comparing it to other sales of similar properties to establish the agreed upon purchase price of $122,000.00; and

WHEREAS, the purchase of this real property will be made from funds budgeted in the 2007/08 Landfill Budget account #517-9120-912.97-10 for that purpose; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute said purchase agreement and the purchase is authorized in the amount of $122,000.00 for the land and appurtenances located at 4574 E. Wheeler Road in Midland. (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE ON FEBRUARY 14, 2008

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,500 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $35,450, executed by the Purchasing Agent on February 14, 2008, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE ON FEBRUARY 15, 2008

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,502 gallons of unleaded fuel from Hirschman Oil of Reese, Michigan for $28,992.14, executed by the Purchasing Agent on February 15, 2008, is hereby approved.  (Motion ADOPTED.)

 

TRANSPORTATION COORDINATOR & DART OPERATING ASSISTANCE

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2009 and, therefore it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted a proposed balanced budget of approximately $1,784,324 for Dial-A-Ride operations in 2008/2009 with the intent to apply for an estimated $645,033 in state


operating assistance funds; an estimated $285,492 in federal 49 USC 5311 operating assistance funds; and an estimated $853,799 from fare box fees and local general fund support to balance the budget for state fiscal year 2009; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

PROPOSED BROWNFIELD REDEVELOPMENT PLAN - HOTEL HOLDINGS CINEMA, LLC

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within the City of Midland (the “Brownfield Redevelopment Zone”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 10th day of March, 2008, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. In accordance with the provisions of Act 381, the City Clerk shall give notice of the public hearing to each of the taxing jurisdictions that levy taxes on property included in the project subject to capture under Act 381.
  5. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A, in the Midland Daily News, a newspaper of general circulation in the City of Midland and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk.

(Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:25 p.m.

 

 

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            Selina Tisdale, City Clerk