February 9, 2004

 

A regular meeting of the City Council was held on Monday, February 9, 2004, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

A citizen from the audience asked that agenda item 7B, Civic Arena Architectural Services, be removed from the consent agenda.

 

MINUTES

Approval of the minutes of the January 26, 2004 regular and two January 31, 2004 special meetings was offered by Councilman McKeag and seconded by Councilman Johnson.  (Motion adopted.)

 

NON-VIOLENCE WEEK

Communications Coordinator Libby Richart presented a proclamation naming February 16-25, 2004 as Non-Violence Week in Midland.  Stephanie Nies, a student at the Midland Academy for Advanced and Creative Studies and Ken Mault of the Midland County Gang and Violence Prevention Partnership, spoke on Non-Violence Week activities.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of February 16-25, 2004, as Non-Violence Week in Midland.    (Motion adopted.)  Mayor Black presented the proclamation to Stephanie Nies.

 

Agenda Item #9 was presented for consideration after Item #2.

 

WALK FOR WARMTH DAY

Communications Coordinator Libby Richart presented a proclamation naming February 21, 2004 as Walk for Warmth Day in Midland.  Serrena Pittman, Emergency Services Coordinator for Mid-Michigan Community Action Agency, spoke regarding Walk for Warmth Day.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 21, 2004 as Walk for Warmth Day in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Serrena Pittman.

 

PUBLIC COMMENTS

No comments were made.

 

COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR YEAR ENDED 6/30/03

Fiscal Services Director Robert Fisher gave a brief overview of the City of Midland Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2003.  City Controller David Keenan detailed changes in the CAFR formatting as a result of the implementation of the requirements of Governmental Accounting Standards Board Statement 34 (GASB 34).  The intent behind GASB 34 is to report the finances of a governmental unit on the same basis of presentation as private sector entities.  Joseph Heffernan and William Bonnici representing Plante & Moran, presented the audit report.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Comprehensive Annual Financial Report of the City of Midland for the year ended June 30, 2003 is hereby received and ordered filed for public examination.  (Motion adopted.)

 

SITE PLAN NO. 235

Assistant City Manager Jon Lynch introduced Site Plan No. 235 for the construction of a 137 site mobile home park expansion east of Perrine Road, south of Letts Street.  Arthur J. Fisher spoke in favor of the site plan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 235, the request of Mr. Matthew Diffin of Bartow & King Engineers, Inc. for construction of a 137 site mobile home park expansion east of Perrine Road, south of Letts Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 235 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 235, contingent upon the following:

1.         An application for a DEQ permit to construct a pedestrian bridge across Sturgeon Creek is made within six months of site plan approval and the bridge be constructed within one year following DEQ approval.

2.         Dumpsters shall not be visible from the public right of way.

3.         Geometry of the intersection of the private street at Perrine Road must be approved by the City traffic engineer.

4.         Private street names must meet local naming convention.

5.         Fire hydrants must be in place and operable prior to installation of dwelling units.

(Motion adopted.)

 

TRAFFIC CONTROL ORDER P-03-18

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

 

RESOLVED, that Traffic Control Order No. P-03-18 filed October 31, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be permitted on the north side of Wheeler Street from Birchwood Drive to Foster Road.

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-11

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

 

RESOLVED, that Traffic Control Order No. S-03-11 filed October 31, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Joseph Drive shall stop for Midfield Lane and Midfield Lane shall stop for Joseph Drive, thus making a three-way stop.

is hereby made permanent.  (Motion adopted.)

 

LANDFILL FUND BUDGET TRANSFER – MDEQ SOLID WASTE SURCHARGE INCREASE

Utilities Director Noel Bush introduced a proposed budget transfer of $31,000 within the Landfill Fund budget for the purpose of funding a solid waste surcharge increase imposed by the Michigan Department of environmental Quality.  Larry J. Pillepich, 3602 McKeith Road, spoke regarding the MDEQ surcharge.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the Michigan Department of Environmental Quality (MDEQ) has historically charged a Solid Waste Administration Fee for each landfill in Michigan, and in October 2003 the MDEQ replaced their administration fee with a new Solid Waste Surcharge, which dramatically increases administrative fees paid by each Michigan landfill to offset roughly $2.6 million in funds formerly supplied to MDEQ by the State of Michigan General Fund; and

WHEREAS, in the current 2003/04 fiscal Landfill budget $15,000 was earmarked for the MDEQ administration fee for the period October 1, 2002 through September 30, 2003, and the actual amount paid was $15,087.00; and

WHEREAS, on October 1, 2003 the State’s new formula took affect, which is based on loose yards received at the Landfill at a rate of $0.07 per yard, and due quarterly, with the first quarterly payment for the period of October 1, 2003 through December 31, 2003 being paid in the amount of $10,421.00 ($0.07 x 148,869 loose yards received for said period); and 

WHEREAS, the Landfill will have two more quarterly surcharge payments due this fiscal year and estimated in aggregate to total over $20,000.00; and

WHEREAS, the additional funding of $31,000.00 needed to offset the increase in the Landfill Solid Waste Surcharge is available in the 2003/04 Landfill budget account 517-8990-941.95-41 – Reserve for Contingencies; now therefore

RESOLVED, that the additional funding in the amount of $31,000.00 is authorized to be transferred from the 2003/04 Landfill budget account 517-8990-941.95-41 – Reserve for Contingencies to account 517-8110-811.83-11 – Licenses and Permits to fund the new MDEQ Solid Waste Surcharge increase estimated to total $46,000 this year.  (Motion adopted.)

 

LABOR RELATIONS SERVICES

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

 

WHEREAS, City staff requires professional labor relations assistance in matters of contract negotiations and arbitration; and

WHEREAS, staff has relied on the expertise of Keller, Thoma, Schwarze in labor relations matters; and

WHEREAS, sufficient budgetary funding exists in the Human Resources activity of the 2003-04 General Fund budget; now therefore

RESOLVED, that professional labor relations services are hereby determined to qualify as professional services within the meaning of Section 2-19 of the Midland Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order not to exceed $60,000 to Keller, Thoma, Schwarze of Detroit, Michigan.  (Motion adopted.)

 

CIVIC ARENA ARCHITECTURAL SERVICES

Director of Public Services Martin McGuire presented a resolution authorizing the execution of an agreement for architectural services for the Civic Arena project.  James Johnson, 1111 W. Sugnet Road, encouraged Council to consider a design-build process provided by local contractors.  The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, on January 12, 2004, the City Council accepted a recommendation from the Parks and Recreation Commission to proceed to design and bid a new Civic Arena facility; and

WHEREAS, City Council authorized five action steps including seeking drawings for a three sheet facility from Siegal-Tuomaala Associates of Farmington Hills, Michigan; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with Siegal- Tuomaala Associates of Farmington Hills, Michigan in the amount of $255,000; and

RESOLVED FURTHER, that the Finance Director is directed to allocate $205,000 from City funds designated for this purpose and $50,000 from the Trust and Agency account created through an ice rental surcharge.  (Motion adopted.)

 

PURCHASE OF ADMINISTRATIVE CARS AND LIGHT DUTY VEHICLES

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

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan and Oakland County and the City of Midland is authorized to make purchases from these programs; and

WHEREAS, sufficient funding for the purchase of small administrative cars, police patrol cars, and light duty trucks is included in the 2003-04 Equipment Revolving Fund and Engineering budgets for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Oakland County’s selected vendor, Buff Whelan Chevrolet of Sterling Heights, Michigan in the amount of $18,868.08 for the purchase of one van; and to the State of Michigan’s selected vendor, Gorno Ford of Woodhaven, Michigan in the amount of $147,739.00 for the purchase of one small administrative car, four police patrol cars, one 3/4 ton 4 X 4 pick up truck, and two crew cab pick up trucks, all in accordance with the Oakland County Cooperative Purchase Program and the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion adopted.)

 

ZONING PETITION NO. 505

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 8, 2004, 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. 727, 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 four hundred (400) feet of the area proposed to be rezoned by transmitting notice on February 20, 2004 and to publish said notice on February 21, 2004.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 OFFICE SERVICE 2 WHERE A RESIDENTIAL A-4 DISTRICT PRESENTLY EXIST.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

LOT 4 BOOKNESS ADDITION 

be, and the same is hereby changed to Office Service 2.

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.)

 

PROPOSED USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUND

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

 

WHEREAS, the City of Midland has received notification that it has been awarded grant funding in the amount of $11,923.00 under the U.S. Department of Justice, Bureau of Assistance, Local Law Enforcement Block Grants Program for the purpose of reducing crime and improving safety within the community; now therefore

RESOLVED, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, February 23, 2004 in the Council Chambers of City Hall for the purpose of announcing the proposed use of the grant funding, and the City Clerk shall give notice as provided in Section 11.4 of the Charter of the City of Midland.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:20 p.m.

 

 

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            Selina Tisdale, City Clerk