December 13, 2004

 

A regular meeting of the City Council was held on Monday, December 13, 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

 

MINUTES

Approval of the minutes of the November 22, 2004 regular and December 6, 2004 special meetings was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

SPECIAL USE PERMIT NO. 14 – BICKFORD HOUSE

Assistant City Manager Jon Lynch presented information on Special Use Permit No. 14, a request by Eby Group, on behalf of Bickford House, for a special land use permit for a 46-unit senior facility on the northeast corner of Jefferson Avenue and Joseph Drive.  A public hearing opened at 7:14 p.m.  Richard Eby, representing the Eby Group, spoke on behalf of the project.  Michael Pnacek, 2661 Blackhurst Drive, expressed concerns about pedestrian traffic attempting to cross the road at Joseph Drive and Jefferson Avenue.  He requested Council consider signage and traffic signals that would assist pedestrians with crossing at this location.  The hearing closed at 7:24 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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 Midland, conditioned on the following:

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 Midland, and hereby approves Special Use Permit No. 14, in accord with documents submitted and dated November 22, 2004.  (Motion ADOPTED.)

 

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, 2714 Valorie Lane, spoke in opposition to the proposal.  Paula Jurado, 4623 Washington Street, spoke in support of the proposal.  The following ordinance amendment to establish picnic shelter reservation fees was then offered by Councilman McKeag and seconded by Councilman Johnson:


ORDINANCE NO. 1587

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

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)

Rugby player

$    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

 

Plymouth A (south), A (north), B-2, B-3

$  20.00

per use

 

Barstow Woods

$  20.00

per use

 

Stratford Woods

$  20.00

per use

 

Chippewassee

$  20.00

per use

 

Emerson D

$  40.00

per use

 

Plymouth A (entire shelter)

$  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 8:00 a.m. and end before 3:00 p.m.

           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 Midland hereby requests the State Tax Commission to authorize an extension of the completion date of the project identified by Industrial Facilities Exemption Certificate No. 2002-365 to December 31, 2005.  (Motion ADOPTED.)

 

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 Cub Court and five street reconstruction requests.  Mr. McManus reviewed three water, sewer, and street requests the Engineering Department did not recommend for consideration in the 2005 Construction Program.  He outlined a recommendation that a public hearing be scheduled for December 20, 2004 to receive comments from the petitioners.  The following three resolutions were then presented for consideration.

 

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 Cub Court from Pheasant Ridge Drive to the end of the court, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2005 Construction Program.  (Motion ADOPTED.)

 

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:

·         Ashman Street from Nelson Street to Buttles Street

·         Buchanan Street from Capitol Drive to Harding Street

·         Rodd Street from Ellsworth Street to Saginaw Road

·         Wheeler Street from Washington Street to Foster Road

·         Woodside Drive at house number 3801

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

  • Water main on proposed Letts Road from Jefferson Avenue to Commerce Drive
  • Water main on Waldo Avenue from Wheeler Street to Diamond Drive
  • Sanitary sewer on Letts Street and Sturgeon Avenue from the end of the existing sewer on Letts Street to Sturgeon Avenue and north on Sturgeon Avenue to MUGA line
  • Sanitary sewer on proposed Letts Road from Jefferson Avenue to Commerce Drive
  • Sanitary sewer on Waldo Avenue from Wheeler Street to Diamond Drive
  • Street improvement on Letts Street from end of existing pavement to Sturgeon Avenue

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 Clerk is hereby directed to notify said petitioners of the public hearing by first class mail.  (Motion ADOPTED.)

 

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 Midland Purchasing Agent Michael Meyer presented a report on issues pertaining to a local preference purchasing ordinance.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the attached staff report on a local preference purchasing ordinance is hereby received and filed in the Office of the City Clerk.  (Motion ADOPTED.)

 

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 Clerk are hereby authorized and directed to execute and deliver said plan to the Plan Administrator; and

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.)

 

JOINT BUILDING AUTHORITY BOARD (TOMION & DOAN RE-APPOINTMENT)

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 February 7, 2005; now therefore

RESOLVED, that Karl S. Tomion be and hereby is re-elected to the office of Commissioner of the City and County of Midland Joint Building Authority for a term beginning January 25, 2005 and expiring on January 24, 2009; and

RESOLVED FURTHER, that Herbert D. Doan be and hereby is re-elected to the office of Commissioner of the City and County of Midland Joint Building Authority for a term beginning February 8, 2005, and expiring on February 7, 2009.  (Motion ADOPTED.)

 

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 Saginaw, Michigan up to the amount of $40,000 for the purchase of vehicle and equipment tires.  (Motion ADOPTED.)

 

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 Midland, Michigan in accordance with their bid of November 16, 2004.  (Motion ADOPTED.)

 

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 Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

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 9:35 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk