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.) |
Approval
of the minutes of the August 11, 2008 regular meeting was offered by Councilman
Adams and seconded by Councilman Rokosz.
(Motion ADOPTED.)
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.
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.
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
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
RESOLVED FURTHER,
that upon the expiration of said thirty day period the roll shall be closed for
collection by the City
No
public comments were made.
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
the City Council has received the recommendation of the City
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Rokosz:
WHEREAS,
a public hearing was held by the
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.
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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.)
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
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
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,
Being
no further business the meeting adjourned at 8:22 p.m.
______________________________________
Selina Tisdale, City