A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
None |
Approval of the minutes of the
SPECIAL USE PERMIT NO. 14 – BICKFORD HOUSE
WHEREAS, Eby Group on behalf of Bickford
House has submitted a request for a special use permit review and approval for
a 46 unit senior living facility on 3.03 acres located on the northeast corner
of Jefferson Avenue and Joseph Drive; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 27.2(a) of the Zoning
Ordinance of the City of Midland on said special use; and
WHEREAS, the Planning Commission has
submitted its recommendation of approval, in accord with Section 27.3 of the
Zoning Ordinance of the City of
1. Storm
water detention plans are reviewed and approved by the City of Midland Engineering
Department.
2. Illumination
is not cast off site.
3. Dumpsters
are screened as required by the Zoning Ordinance.
4. “Box”
style parking space striping is required.
; now therefore
RESOLVED, that the City Council finds the
request for the special use permit to be in accord with Section 27.3 of the
Zoning Ordinance of the City of
GENERAL RECREATION FEES ORDINANCE AMENDMENT (PICNIC SHELTER FEES)
Department of Public Services
Director Martin McGuire reviewed information presented at the November 22, 2004
City Council meeting regarding the recommendation of the Parks and Recreation
Commission that a new fee structure be implemented for the reservation of
picnic shelters in City parks. Mr.
McGuire also explained that if adopted, the Parks Rules and Regulations adopted
pursuant to Section 17-9 of the City’s Code of Ordinances would also need to be
revised to reflect this action. Doug
Hand,
ORDINANCE NO. 1587
The City of
Section 1. Section
21-73 of Division 4 of Article II of
Chapter 21 is amended to read as follows:
Sec. 21-73.
General recreation fees
|
(1) |
Adult softball player |
$
18.00 |
per player |
|
(2) |
Adult softball player (2nd
team) |
$
18.00 |
per player |
|
(3) |
Adult softball player - Fall League |
$
5.00 |
per player |
|
(4) |
Each softball team in individual
tournaments |
$
20.00 |
per team |
|
(5) |
Youth softball player |
$
5.00 |
per player |
|
(6) |
Adult baseball player |
$
10.00 |
per player |
|
(7) |
Adult soccer player |
$
5.00 |
per player |
|
(8) |
Adult soccer team |
$
20.00 |
per team |
|
(9) |
Youth soccer player |
no charge |
|
|
(10) |
|
$
6.00 |
per player |
|
(11) |
Ski rental (each
2 hours or part thereof) |
$
6.00 |
per hour |
|
(12) |
Toboggan rental
(per hour two-hour maximum) |
$
4.00 |
per hour |
|
(13) |
Chalet building rental (2 hour minimum) |
$
25.00 |
per hour |
|
|
After 2 hour minimum |
$
15.00 |
per hour |
|
(14) |
Currie West Clubhouse rental (2 hour
minimum) |
$
50.00 |
per hour |
|
|
After 2 hour minimum |
$
35.00 |
per hour |
|
(15) |
Picnic kit deposit |
$
15.00 |
per kit |
|
(16) |
Summer play program (entire 8 week
program) |
no charge |
|
|
(17) |
Summer play program (per day charge) |
no charge |
|
|
(18)* |
Picnic shelter reservations |
|
|
|
|
Emerson
A-1, Emerson E |
$
20.00 |
per use |
|
|
|
$
20.00 |
per use |
|
|
|
$
20.00 |
per use |
|
|
|
$
20.00 |
per use |
|
|
Chippewassee |
$
20.00 |
per use |
|
|
Emerson D |
$
40.00 |
per use |
|
|
|
$
50.00 |
per use |
|
|
Unsheltered
areas |
$
10.00 |
per use |
|
|
Addition of
a canopy |
$
20.00 |
per use |
|
|
Delivery of
picnic tables (up to 10 tables) |
$
20.00 |
per use |
|
|
Additional
tables (if available) |
$
3.00 |
per table |
*Note: Fees paid for shelter
reservations are non-refundable.
Exceptions to (18) Picnic shelter reservation fees are as follows:
a) Donors of shelters shall be allowed one rent free use per year in
the respective donated structure.
b) Daytime reservations which begin after
Monday – Friday in May and June are exempt
from fees.
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED. Yeas: Black, Johnson, Rokosz Nays:
McKeag, Myers)
REVISED PARKS RULES AND REGULATIONS
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that the Park Rules and Regulations adopted June 2, 1975 pursuant to Section 17-9 of the Code of Ordinances are hereby revised to include the attached changes to Section 11-B-3 as recommended by the Parks and Recreation Commission. (Motion ADOPTED.)
TIME EXTENSION – DOW CHEMICAL COMPANY IFT
#2002-365
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, pursuant to Section 15(2) of the Michigan Plant Rehabilitation and Industrial Development Districts Act (Act 198 of the Public Acts of 1974 as amended) the State Tax Commission can authorize a time greater than two (2) years after the effective date of an Industrial Facilities Exemption Certificate (IFT) to complete the project for good cause; and
WHEREAS, The Dow Chemical Company has requested an extension of time until December 31, 2005 to complete the project identified by IFT No. 2002-365 because of a changing business need; and
WHEREAS, the City Council of the City of Midland finds good cause for this delay has been demonstrated by The Dow Chemical Company; now therefore
RESOLVED, that the City Council of the City of Midland hereby approves the request by The Dow Chemical Company to extend the completion date of the project identified by Industrial Facilities Exemption Certificate No. 2002-365 to December 31, 2005; and
RESOLVED FURTHER, that the City
Council of the City of
EASEMENT FOR UTILITY MAINTENANCE – COURTS
OF JOSEPH’S RUN
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the attached easement agreement between F/A Pnacek, LTD. and the City of Midland, for the review and maintenance of storm water detention systems north of Joseph Drive through a parcel of land in the Southwest ¼ of Section 34, Township 15 North, Range 2 East, City of Midland, Midland County, State of Michigan, is hereby accepted and that the easements are ordered recorded. (Motion ADOPTED.)
PETITIONS FOR PUBLIC IMPROVEMENTS
City Engineer Brian McManus
presented a report on the petitions and requests for capital street improvement
and street maintenance projects received by the Engineering Department for
consideration of inclusion in the 2005 Construction Program including street
improvements for
STREET IMPROVEMENT PETITION – CUB COURT
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that the attached petition received from Jerome C. Kole for
the improvement of
STREET RECONSTRUCTION REQUESTS
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, five requests for street reconstruction projects were received
for consideration in the Annual Construction Project Priorities process and the
locations of said requests are:
·
·
·
·
·
now therefore;
RESOLVED, that the above-listed requests for street reconstruction
projects have been received and referred to the City Engineering Department for
consideration of inclusion in the 2005 Construction Program. (Motion ADOPTED.)
PUBLIC IMPROVEMENT PETITONS (WATER, SEWER
& STREET)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, public improvement petitions have
been received by the City Engineer for consideration of inclusion in the
2005-06 City of Midland budget; and
WHEREAS, the City Engineer has prepared and
submitted to the City Council a report on said petitions, which includes his
recommendation not to consider petitions involving projects that include
sanitary sewer main extensions due to the lack of sufficient funding for the
City’s share of the cost; and
WHEREAS, it is the staff recommendation that
the City Council invite the petitioners to the December 20, 2004 City Council
meeting to give them an opportunity to discuss their project needs, timing, and
any alternative financing plans that they may have; now therefore
RESOLVED, that the attached petitions for
the following sanitary sewer, water main, and street improvements
are hereby received; and
RESOLVED FURTHER, that a public hearing
shall be held at 7:00 p.m. on Monday, December 20, 2004 for the purpose of
providing the petitioners an opportunity to discuss their project needs,
timing, and any alternative financing plans that they may have; and
RESOLVED FURTHER, that the City
2004 CONSTRUCTION PROGRESS REPORT
City Engineer Brian McManus presented a report on the progress of projects included in the 2004 Construction Program. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, the City Engineer reported the status of completion for projects in the 2004 Construction Program, now therefore
RESOLVED, that City Council hereby receives and files the 2004 Construction Progress Report. (Motion ADOPTED.)
PARKS & REC COMMISSION RECOMMENDATION
TO INSTITUTE YOUTH POSITION
Department of Public Services Director Martin McGuire presented a report on the Parks and Recreation Commission’s recommendation that a youth position be implemented on the Parks and Recreation Commission. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the City Council receives and files the recommendation of the Parks and Recreation Commission to institute a youth position on the Parks and Recreation Commission. (Motion ADOPTED.)
LOCAL PREFERNCE PURCHASING ORDINANCE
City of
RESOLVED, that the attached staff
report on a local preference purchasing ordinance is hereby received and filed
in the Office of the City
HEALTH REIMBURSEMENT ARRANGEMENT
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the Federal Government has issued regulations through the
Mental Health Parity Act of 1996 requiring plan limits on mental health
benefits be equal to plan limits on other types of health care, such as
hospitalization and physician expenses; and
WHEREAS, the City of Midland will comply with the regulation by
amending affected health care plans and establishing a Health Reimbursement
Arrangement administered by McMahan, Thomson & Associates, PC; now
therefore
RESOLVED, that the Health Reimbursement Arrangement effective January
1, 2005, is hereby approved and adopted and the Mayor and City
RESOLVED FURTHER, that the Plan Administrator shall act as soon as
possible to notify affected plan members of the adoption of the Health
Reimbursement Arrangement by delivering to each member a copy of the summary
description of the Plan. (Motion
ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the articles of incorporation of
the City and County of Midland Joint Building Authority provide that the
Authority shall be directed and governed by a Commission of the Authority
consisting of three members, one to be elected by the Midland City Council, one
to be elected by the Midland County Board of Commissioners, and one to be
elected by the joint action of the City Council and the County Board of
Commissioners; and
WHEREAS, the four year term of Karl S.
Tomion to represent the City of Midland on said Commission is due to expire on
January 24, 2005; and
WHEREAS, the four year term of Herbert D.
Doan as the jointly elected member of said Commission is due to expire on
RESOLVED, that Karl S. Tomion be and hereby
is re-elected to the office of Commissioner of the City and County of Midland
Joint
RESOLVED FURTHER, that Herbert D. Doan be
and hereby is re-elected to the office of Commissioner of the City and
PURCHASE ORDER INCREASE FOR VEHICLE &
EQUIPMENT TIRES
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of tires for vehicle maintenance and repair; and
WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2004-05 Equipment Revolving Fund budget; now therefore
RESOLVED, that the Purchasing
Agent is authorized to increase existing purchase order #14655 to Firestone of
Bay City, Michigan up to the amount of $30,000, and existing purchase order
#14779 to Upper Lakes Tire, Inc. of
ANNUAL CONCRETE PURCHASE
The following resolution was offered by Councilman Myers 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 concrete and related materials; and
WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore
RESOLVED, that the low sealed proposal meeting City specifications submitted by Allied Concrete, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their November 16, 2004 response to our Bid No. 2814 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and
RESOLVED FURTHER, that if the
authorized vendor cannot provide the materials without causing non-productive
crew time, the Director of Public Services may decide to make purchases from
the alternate vendor, Fisher Sand & Gravel, Inc. of
TRAFFIC CONSULTING SERVICES
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City of Midland
desires to have traffic consulting services performed by the firm of Reid, Cool
& Michalski, Inc. of Southfield, Michigan in accordance with the attached
proposal; and
WHEREAS, Ordinance Section 2-19, Securing Professional Services
provides that “No sealed proposals shall be required for the purchases of
contracts for professional services”; and
WHEREAS, funding for these consulting services is provided in the Major
Street Fund Budget; now therefore
RESOLVED, that the attached proposal submitted by Reid, Cool &
Michalski, Inc. for traffic consulting services for 2005, is hereby accepted
and the Purchasing Agent is authorized to issue a purchase order for said
services in the amount of $28,000; and
RESOLVED FURTHER, that the City
CONCRETE CRUSHING
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, each year Landfill staff hires a contractor to crush concrete waste received during the previous year so that the crushed concrete can be utilized on-site for road construction, bank stabilization, and erosion control, providing an operational savings to the Landfill; and
WHEREAS, sealed bids for Concrete Crushing, Bid No. 2807, were advertised and received in accord with Section 2-18 of the Midland Code of Ordinances, and the low bid proposal submitted by Briggs Contracting of Sanford, at a per ton rate of $4.95, was accepted by City staff; and
WHEREAS, in November 2004 the previous year’s accumulation of concrete waste was crushed at a total cost of $15,444.00; and
WHEREAS, following the completion of annual crushing Dow Michigan Operations coordinated the demolition of three buildings for disposal at the Landfill, with 8,000 tons of concrete expected to be received by the end of December 2004; and
WHEREAS, Briggs Contracting has agreed to extend its per ton rate of $4.95, resulting in a cost of $39,600.00 to crush an estimated 8,000 tons of concrete; and
WHEREAS, sufficient funds are available in the 2004/05 Landfill Fund #517-8110-811.93-42 – Ground Maintenance, and staff requests that a purchase order be authorized to Briggs Contracting for the services of concrete crushing according to the City's specifications; now therefore
RESOLVED, that a purchase order is hereby authorized to Briggs Contracting for the services of crushing 8,000 tons of concrete at a previously bid price of $4.95 per ton for a total amount of $39,600.00; and
RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)
Being no further business the
meeting adjourned at
______________________________________
Selina Tisdale, City