February 21, 2005
A regular meeting of the City Council was held on Monday, February 21, 2005, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Pro Tem Johnson presided. The Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
Drummond Black |
Approval of the minutes of the February 7, 2005 regular meeting was offered by Councilman McKeag and seconded by Councilman Myers. (Motion ADOPTED.)
PUBLIC COMMENTS
Fay Wood, 3501 Bay City Road, spoke regarding sidewalks.
Councilman Rokosz complimented the City on its snow clearing operations and encouraged citizens to help their neighbors with sidewalk clearing efforts.
ORDINANCE AMENDMENTS
Assistant City Manager Jon Lynch presented the information on the second reading of amendments to Section 16-35 (Regulation of Hours of Business A Zoning District), Section 21-10 and 21-29 (Public Property Vacation Fee and Zoning Fees) and Section 25-2 (Prohibited Parking and Uses) of the City of Midland Code of Ordinances. The following three ordinance amendments were then presented for consideration.
ORDINANCE AMENDMENT – REGULATION OF HOURS
OF BUSINESS IN BUSINESS A ZONING DISTRICT
The following ordinance amending Section 16-35 was offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1588
An ordinance to amend the Code of Ordinances of the City of Midland,
Michigan, by AMENDING section 16-35 OF CHAPTER 16 thereof.
The City of Midland
Ordains:
Section 1. Sec.
16-35 of Chapter 16 is hereby amended to read as follows:
Sec. 16-35. Regulation of hours of
businesses in the Neighborhood
Commercial “NC” District. No business establishment of any kind
that is permitted to operate or is operating in a Neighborhood Commercial “NC”
District pursuant to the provisions
of the zoning ordinance of the City of Midland shall be open or operate
between the hours of 11:00 p.m. and 7:00 a.m. unless otherwise exempt from
restrictions on hours of operation by statutes or regulations of the State of
Michigan.
Section 2. This
ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
ORDINANCE AMENDMENT – PUBLIC PROPERTY VACATION FEE & ZONING
FEES
The following ordinance amending Section
21-10 and Section 21-29 was offered by Councilman McKeag and seconded by
Councilman Myers:
ORDINANCE NO. 1589
An ordinance to amend the Code of Ordinances of the City of Midland,
Michigan, by AMENDING sectionS 21-10 and 21-29 OF ARTICLE I of chapter 21
thereof.
The City of
Midland Ordains:
Section 1. Sec.
21-10 of Article I of Chapter 21 is hereby amended to read as follows:
Sec. 21-10. Public property vacation fees.
The fee required to accompany a petition
seeking vacation of public grounds pursuant to the subdivision chapter shall be
four hundred dollars ($400.00).
Section 2. Sec. 21-29 of Article I of
Chapter 21 is hereby amended to read as follows:
Sec. 21-29. Zoning fees.
(a)
Site plan review fee. The fee required to be paid
pursuant to the provisions of Section 27.07 of Ordinance No. 1595 for site plan
review and approval shall be one hundred fifty dollars ($150.00).
(b)
Planned unit development fee. The fee required pursuant to the provisions
of Section 31.02 of Ordinance No. 1585 for
a planned unit development application shall be two hundred twenty-five dollars
($225.00).
(c)
Zoning board of appeals application fee. The fee required pursuant to the provisions
of Section 29.05 of Ordinance No. 1585 for
a zoning board of appeals application shall be one hundred twenty five dollars
($125.00).
(d)
Zoning amendment fee. The fee required pursuant to the provisions
of Section 30.04 of Ordinance No. 1585 for the purposes of obtaining a zoning
text or map amendment shall be three hundred twenty-five dollars ($325.00).
(e) Conditional use permit fee.
The fee required pursuant to the provisions of Section 28.04 of
Ordinance No. 1585 for the purposes of obtaining a conditional use permit shall
be two hundred twenty-five dollars ($225.00).
(f)
Sign permit
fee. The fee required pursuant to the
provisions of Section 31.02 of Ordinance No. 1585 for the purposes of obtaining
a sign permit shall be:
For each wall, roof, or projecting sign thirty
dollars ($30.00).
For each ground
sign thirty dollars ($30.00).
For each temporary
sign, requiring a sign permit thirty dollars ($30.00).
(g)
Zoning ordinance fee. The fee required to obtain a written black
and white copy of the zoning ordinance book shall be twenty-seven dollars
($27.00).
(h)
Zoning map fee.
The fee required to obtain a 36 inch by 52 inch color zoning map shall
be five dollars ($5.00).
Section 3. This
ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
ORDINANCE AMENDMENT – PROHIBITED PARKING AND USES
The following ordinance amending Section
25-2 was offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1590
An ordinance to amend the Code of Ordinances of the City of Midland,
Michigan, by AMENDING section 25-2 of CHAPTER 25 thereof.
The City of
Midland Ordains:
Section 1. Sec.
25-2 is hereby amended to read as follows:
Sec. 25-2. Prohibited parking and uses.
(a) No person
shall park or cause to be parked any trailer coach overnight on any street,
alley, highway, or other public place.
(b) No
trailer coach shall be used or occupied, unless there is a clear unoccupied
space of at least ten (10) feet on all sides thereof.
(c) No
person shall park or permit the parking of any occupied trailer coach, or use
or occupy or permit the use or occupancy of any trailer coach on any site, lot,
field, or tract of land not specifically licensed as a trailer coach park, for
any period longer than seventy-two (72) hours, except as provided in this
chapter.
Section 2. This
ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
2005-06 CONSTRUCTION PROJECT PRIORITIES LIST
City Engineer Brian McManus presented the
proposed 2005-06 Construction Projects Priorities List. Assistant City Engineer Bradd Maki presented
a report on traffic signal replacement and the use of Light Emitting Diode
(LED) traffic lights in response to a City Council request that staff review
whether savings options would be recognized with a shorter implementation
process. The following resolution was then
offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, a report has been received from the
City Engineer listing the proposed construction projects for 2005-2006 which
includes projects petitioned by property owners, projects recommended by the
City Administration and others; and
WHEREAS, City Council has reviewed the proposed
construction projects list and received comments from interested citizens; now
therefore
RESOLVED, that City Council hereby approves
said proposed construction project listing for 2005-2006 and directs the
administration to include funding requests for the proposed projects in the
2005-2006 budget; and
RESOLVED FURTHER, that the report is hereby
directed to be placed on file in the City Clerk’s Office and at the Grace A.
Dow Memorial Library and a map of the projects be placed in the lobby of Midland
City Hall. (Motion ADOPTED.)
2005 ANNUAL SIDEWALK REPORT
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with Section 22-16 of the Code of Ordinances,
the 2005 Annual Sidewalk Report is hereby received and is ordered filed in the
City Clerk's Office. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER NO. P-04-29
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that Traffic Control Order No. P-04-29 filed November 10, 2004
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That parking shall be prohibited on Swede
Avenue from 170 feet south of Sugnet Road to 275 feet north of Sugnet Road.
is hereby made permanent. (Motion
ADOPTED.)
TRAFFIC CONTROL ORDER NO. P-04-32
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that Traffic Control Order No. P-04-32 filed November 30, 2004
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That parking shall be prohibited on both
sides of Wheeler Street from 250 feet west of Harding Street to 150 feet east
of Harding Street.
is hereby made permanent. (Motion
ADOPTED.)
TRAFFIC CONTROL ORDER NO. S-04-10
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that Traffic Control Order No. S-04-10 filed November 29, 2004
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That Fuller Drive shall yield to Mark Twain
Drive.
is hereby made permanent. (Motion
ADOPTED.)
COMPUTER AUCTION
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the City has surplus computer items that have been removed from service and are no longer of use to City operations; now therefore
RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, March 5, 2005 with the proceeds being deposited in the Data Processing Computer Rental Fund, Sale of Assets account. (Motion ADOPTED.)
PAYMENT FOR CONTRACTED LEGAL SERVICE – AIRPORT ROAD EXTENSION
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, on September 29, 2003
WHEREAS, on September 13, 2004
WHEREAS, the cost of continuing said services is expected to exceed the
previously approved amount and therefore approval of the
WHEREAS, sufficient budgetary funding exists within the 2004-2005 Major
Street Fund; now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to Miller, Canfield, Paddock &
Stone, PLC for contracted legal services in connection with the aforementioned
matter is hereby authorized in an amount not to exceed $75,000. (Motion ADOPTED.)
MDOT CONTRACT NO.
04-5561 – JEFFERSON AVENUE RECONSTRUCTION
The following resolution was offered by Councilman McKeag and seconded
by Councilman Myers:
WHEREAS, a proposed Contract No. 04-5561 has been submitted to the City
of Midland by the Michigan Department of Transportation for approval of funding
for the reconstruction of Jefferson Avenue from Broadhead Drive to Letts Road;
and
WHEREAS, the total estimated cost of the project is $874,600 and that
$375,000 will be paid from a federal Surface Transportation Program grant and
that the remaining cost of $499,600 will be paid by the City of Midland Major
Street and Sanitary Sewer Funds; and
WHEREAS, the City of Midland is desirous of having said road
reconstructed; now therefore
RESOLVED, that the City Council hereby approves the proposed Michigan
Department of Transportation Contract No. 04-5561 and authorizes the Mayor and
City Clerk to execute the contract on behalf of the City of Midland. (Motion ADOPTED.)
SENIOR HOUSING HEALTH CARE SERVICES CONTRACT
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the Senior Housing facilities would like to enter into a
contract with SEASONS CHANGE, INC., Bad Axe, Michigan to provide optional
services to the regular residents of Washington Woods and Riverside Place and
Assisted Living services to those enrolled residents of Riverside Place; and
WHEREAS, the bid specifications are for a three (3) year period
beginning April 1, 2005 during which the cost is adjusted annually no more than
by the CPI percentage for Medical Care Services, North Central Region; and
WHEREAS, Seasons Change, Inc. submitted the bid determined by City
staff to be most favorable to the Senior Housing residents; and
WHEREAS, the Senior Housing residents will pay for these services on a
User Fee basis; and
WHEREAS, a contract has been reviewed by the City Attorney and Seasons
Change, Inc.; now therefore
RESOLVED, that the proposal of Seasons Change, Inc. be accepted as the
proposal most favorable to the City and the Mayor and City Clerk are authorized
to sign the contract drafted and approved by the City Attorney in accord with
the proposal and the City’s specifications.
(Motion ADOPTED.)
PRECISION TORQUE CONTROL, INC. IFT APPLICATION
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that an application dated February
4, 2005 was received February 4, 2005 from Precision Torque Control, Inc. with
supporting data pursuant to Public Act 198 of the Public Acts of the State of
Michigan of 1974, as amended, for an industrial facilities exemption
certificate within the Eastwick Industrial Park Industrial Development District
relating to new facilities for real
property with the project intended to provide for the construction of a
7,000 square foot building addition to allow for additional manufacturing space
in the amount of $205,212 relating to new facility approval for further
expansion in the Eastwick Industrial Park Industrial Development District is
hereby acknowledged, received, and ordered placed on file in the City Clerk's
office; and
RESOLVED FURTHER, a hearing shall be held
before the City Council on Monday, March 7, 2005, at 7:00 p.m., in the Council
Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the
purpose of affording the applicant, the City Assessor and representatives of
the affected taxing units an opportunity for a hearing on the application and
the City Clerk shall provide written notice thereof in accordance with Section
5 of Public Act 198. (Motion ADOPTED.)
SPECIAL MEETING – INTERVIEWING BOARD OF
REVIEW CANDIDATES
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that a special meeting
of the Midland
6:00 p.m. on Monday, March 7, 2005, at City Hall for the purpose of
interviewing candidates for the Board of Review. (Motion ADOPTED.)
Being no further business the meeting adjourned at 8:17 p.m.
______________________________________
Selina Tisdale, City Clerk