August 25, 2008

 

A regular meeting of the City Council was held on Monday, August 25, 2008, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Joseph Rokosz

Councilmen absent:

Hollis McKeag (arrived at 7:20 p.m.)

 

MINUTES

Approval of the minutes of the August 11, 2008 regular meeting was offered by Councilman Adams and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

ASSISTED LIVING WEEK

Communications Coordinator Libby Richart introduced Linda Rector, Life Enrichment Coordinator for Colonial Villa.  The following resolution was then offered by Councilman Adams and seconded by Councilman Donker:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition designating the week of September 7-13, 2008, as Assisted Living Week in Midland, Michigan.  (Motion ADOPTED.)  Mayor Johnson presented Linda Rector with the proclamation.

 

SUICIDE AWARENESS AND PREVENTION DAY

Communications Coordinator Libby Richart introduced Bonnie Mercure from the MidMichigan Out of the Darkness Community Steering Committee.  The following resolution was then offered by Councilman Adams and seconded by Councilman Donker:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating Sunday, September 7, 2008, as Suicide Awareness and Prevention Day in Midland.  (Motion ADOPTED.)  Mayor Johnson presented Bonnie Mercure with the proclamation.

 

MIDLAND TOMORROW 2007 ANNUAL REPORT AND AUDIT

Assistant City Manager Jack Duso introduced Scott Walker, Midland Tomorrow Executive Director, who presented the Midland Tomorrow Annual Report and 2007 Audit.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the City Council hereby receives and files the Midland Tomorrow 2007 Annual Report and the 2007 Audit.  (Motion ADOPTED.)

 

2008 GOLDENWOOD DRIVE STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the Special Assessment Roll for the 2008 Goldenwood Drive Street Improvement Special Assessment District.  A public hearing opened at 7:38 p.m. Tapasi Ray, 4904 Amberwood Court, spoke in support of the closure of Goldenwood Drive; however, the property owners disagree with the special assessment and are requesting that they be removed from the Special Assessment Roll.  Lola Hess, 5105 Amberwood Court, stated the closure is a benefit to all those who live in the Amberwood and Goldenwood neighborhoods and all the property owners should participate in the cost of the closure.  She also requested the City absorb the $11,000 cost of the Hedgewood Drive portion of the closure and the neighborhoods only be assessed for the $45,000 portion of the closure.  The public hearing closed at 7:45 p.m.  The original resolution was offered by Councilman McKeag and seconded by Councilman Donker.  Councilman McKeag moved, seconded by Councilman Rokosz to amend the interest rate to 2% versus 3.5%.  (Motion ADOPTED.  Yeas:  Donker, Johnson, McKeag, Rokosz  Nays:  Adams)  The following amended resolution was then presented for consideration:

 

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 street improvements on the "2008 GOLDENWOOD DRIVE STREET 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 $58,000.00 and that the $2,000.00 assessment for the property at 4907 Goldenwood Drive will be considered paid in full when a portion of that parcel, on which the cul-de-sac will be constructed, is transferred to the City, and the total estimated cost of said improvements is $56,000.00; 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 2009, 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 2.0 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.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 284

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 284, the request of Three Rivers Corporation on behalf of Senior Services – Midland County Council on Aging for an 11,132 square foot building located at 5000 North Saginaw Road on 2.3 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 284 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 284, 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 5.01D of the Zoning Ordinance and

      be delineated by the “box” style striping.

6.   The location, access and flow of the proposed fire hydrants, water and sewer mains shall be in accordance with the City of Midland Fire Department, Utility Department and

      Engineering Department specifications.

7.   The under canopy clearance shall be increased to 14 feet to accommodate Dial A Ride buses.

8.   An easement shall be obtained for the small portion of driveway which will be located on the adjacent property located north of this parcel.

(Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-08-15

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

RESOLVED, that Traffic Control Order No. P-08-15 filed June 6, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on the north side of Union Street and shall be two-hour parking on the south side of Union Street from Ashman Street to Gordon Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-08-16

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

 

RESOLVED, that Traffic Control Order No. P-08-16 filed June 6, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on Union Street from Indian Street to 100 feet east of Indian Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-08-01

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

 

RESOLVED, that Traffic Control Order No. R-08-01 filed June 6, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit of Jefferson Avenue from Joe Mann Boulevard to the north City limits shall be 45 mph and from Joe Mann Boulevard to Wackerly Street shall be 35 mph and that TCO R-05-01 and TCO R-05-02 shall be rescinded. 

is hereby made permanent.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP REFUNDING REVENUE BONDS

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

 

WHEREAS, the City of Midland, Counties of Bay and Midland, the City of Saginaw, County of Saginaw, each municipal corporations of the State of Michigan (the “Local Units”) and the Saginaw-Midland Municipal Water Supply Corporation, a public corporation formed pursuant to Act 233, of the Public Acts of 1955, as amended (“Act 233”) have entered into a contract, dated April 5, 1965 (the “Base Contract”); and

WHEREAS, said Base Contract provides that the cost of enlargements and improvements to the water supply system operated by The Saginaw-Midland Municipal Water Supply Corporation (the “Corporation”) for the benefit of the Local Units be allocated to the Local Units on the basis of 23/43 to the City of Saginaw and 20/43 to the City of Midland; and

WHEREAS, said Base Contract further provides that each of the Local Units will cooperate in the acquisition and financing of such additional enlargements and improvements in accordance with the Base Contract and Act 233; and

WHEREAS, the Corporation pursuant to said Base Contract and its subsequent amendments has issued its Water Supply System Revenue Bonds, Series 1992, the proceeds of which were used to acquire, construct and finance improvements to the water supply system operated by the Corporation for the benefit of the Local Units; and

WHEREAS, said bonds were refunded through the issuance of the Corporation’s Supply System Refunding Revenue Bonds, Series 1998 (the “1998 Bonds”) in order to achieve interest expense savings; and

WHEREAS, the Corporation proposes to refund the 1998 Bonds with an issue of  refunding bonds in order to achieve additional interest expense savings; and

WHEREAS, in order to issue an additional series of refunding revenue bonds which will reduce this City’s contractual obligation to the Corporation it is necessary for the City to affirm its undertakings.

NOW, THEREFORE, BE IT RESOLVED:

1.      That the 1992 Revenue Contract Supplement between the Corporation and the Local Units is hereby ratified and confirmed.

2.      That, provided present value savings are realized by the proposed refunding,  the City Council also hereby approves the proposed issuance of refunding bonds and ratifies and affirms the City’s pledge of its limited tax full faith and credit as secondary security for the payment of its allocable share of the principal and interest of such refunding bonds.

3.      That in accordance with Rule 15c2-12 as promulgated by the Securities and Exchange Commission (the “Rule”) the City, as long as it is an “obligated person” pursuant to the Rule covenants and agrees to  enter into a continuing disclosure undertaking and to provide or cause to be provided certain information as set forth in the City’s undertaking.

4.      That the City’s Director of Fiscal Services, or his or her designee, be and is hereby appointed as the City Disclosure Representative in accordance with the Rule.

5.      That all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion ADOPTED.)

 

MERS ANNUAL MEETING – OFFICER DELEGATES

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

 

RESOLVED, that Ken Arthur be appointed officer delegate and Paula J. Whittington be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 30 through October 2, 2008, in Traverse City, Michigan.  (Motion ADOPTED.)

 

PARKS AND RECREATION COMMISSION – DAUER RESIGNATION

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

 

RESOLVED, that the resignation of David Dauer from the Parks and Recreation Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Dauer for his service on this important Commission.  (Motion ADOPTED.)

 

LIBRARY AUTOMATION SERVICES

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

 

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; and

WHEREAS, funding is available in the 2008/2009 Grace A. Dow Memorial Library budget; 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 purchase of the Library’s 2008/2009 requirements for online automation services, including membership, staff training, system upgrades, and records database maintenance for the automated acquisition, catalog, and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $90,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

HOUSING CONSTRUCTION AGREEMENT

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

 

WHEREAS, the Midland Public Schools administration has requested a joint project with the City of Midland and Lori J. Poungthana, Trustee of the Irrevocable Special Needs Trust f/b/o Jeremy Paul Conway dated August 3, 2004 (the "Trust") by having students in the Building Trades Class provide the labor for the construction of a single family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 204 Vail Street has been selected and designed on property owned by the “Trust”; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the “Trust” shall pay to the City all material costs, contracted labor and other incidental costs as agreed upon; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland, the Midland Public Schools and the “Trust” for this purpose.  (Motion ADOPTED.)

 

SOFTWARE MAINTENANCE

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

 

WHEREAS, funds have been budgeted in the 2008-2009 Information Services Computer Software maintenance budget for HTE Maintenance; now therefore

RESOLVED, that the City Council hereby approves the payment to SunGard Public Sector for software annual maintenance in the amount of $107,853.75.  (Motion ADOPTED.)

 

REPLACEMENT BOILERS FOR RIVERSIDE PLACE

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of two (2) boiler replacements at Riverside Place Senior Living Community; and

WHEREAS, funds for this project have been budgeted for in the Riverside Place Fund; now therefore

RESOLVED, that the apparent low sealed proposal submitted by J & D Plumbing of Sanford, Michigan, for the replacement of two (2) boilers at Riverside Place in the amount of $34,365.00 is hereby approved and the Purchasing Agent is authorized to issue a purchase order.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,421 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $40,517.30 executed by the Purchasing Agent on August 12, 2008, is hereby approved. (Motion ADOPTED.)

 

PURCHASE OF THREE (3) LOADERS

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

 

WHEREAS, bids for construction equipment 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 a skid-steer loader, a tractor-loader-backhoe, and an articulated loader is included in the FY 2008-09 Equipment Revolving Fund budget for Capital Outlay - Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, JDE Equipment of Traverse City, Michigan, in the amount of $211,088.00 for the purchase of one skid-steer loader, one tractor-loader-backhoe, and one articulated loader, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 


ZONING PETITION NO. 553

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, July 22, 2008 for property located at 102 Fast Ice Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, 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, September 15, 2008, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on August 29, 2008 and to publish said notice on August 30, 2008.

ORDINANCE NO. ______

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 TO PROVIDE A LIMITED COMMERCIAL, MANUFACTURING RESEARCH ZONING WHERE AN AGRICULTURAL AND REGIONAL COMMERCIAL ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PART OF THE SOUTHEAST ¼ OF SECTION 24, T14N, R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE N 01D 43M 40S E, 820.13 FEET, ALONG THE EAST LINE OF SAID SECTION 24 TO THE POINT OF BEGINNING; THENCE N 89D 15M 36S W, 183.10 FEET; THENCE S 85D 01M 25S W, 100.39 FEET; THENCE N 89D 15M 36S W, 50.23 FEET; THENCE N 01D 43M 40S E, 732.66 FEET, ON A LINE WHICH IS PARALLEL WITH AND 333.00 FEET, MEASURED AT RIGHT ANGLES, WEST OF THE EAST LINE OF SAID SECTION 24; THENCE S 89D 15M 36S E, 333.05 FEET TO THE EAST LINE OF SAID SECTION 24; THENCE S 01D 43M 40S W, 722.66 FEET, ALONG SAID SECTION LINE, TO THE POINT OF BEGINNING, CONTAINING 5.55 ACRES, MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS AND/OR RIGHT-OF-WAY WHETHER USED, IMPLIED OR OF RECORD.

Be, and the same is hereby changed to Limited Commercial, Manufacturing Research.

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.  (Motion ADOPTED.  Considered first reading.)

 


FAULKNER CONSTRUCTION INDUSTRIAL DEVELOPMENT DISTRICT REQUEST

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

 

WHEREAS, Faulkner Construction Company by means of a letter dated August 13, 2008, which was received by the City Clerk on August 15, 2008, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on September 8, 2008 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:22 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk