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

 

MINUTES

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 City Council authorized the Mayor and City Clerk to execute an agreement between the Midland County Road Commission and the City of Midland regarding the extension of Airport Road as well as an agreement regarding common representation of the Midland County Road Commission and the City of Midland with the law firm of Miller, Canfield, Paddock & Stone, PLC; and

WHEREAS, on September 13, 2004 City Council authorized payment to Miller, Canfield, Paddock & Stone, PLC for the aforementioned contracted legal services in a total amount not to exceed $60,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

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 City Council shall be held at
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