January 9, 2006

 

A regular meeting of the City Council was held on Monday, January 9, 2006, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the December 19, 2005 regular and January 3 and 4, 2006 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

Mayor Johnson asked that Item #5, approval of the County of Midland/City of Midland Emergency Operations Plan, be removed from the consent agenda.

 

PUBLIC COMMENTS

No public comments were made.

 

INTERGOVERNMENTAL AGREEMENTS – LETTS ROAD EXTENSION

City Engineer Brian McManus presented a report on the intergovernmental agreements for the Letts Road Extension project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, a report has been received from the City Engineer indicating that the planning and design process for the Letts Road Extension Project has commenced; and

WHEREAS,  the City and the Midland County Road Commission wish to jointly pursue the Letts Road Extension Project by entering into the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF LETTS ROAD” and the “AGREEMENT REGARDING COMMON REPRESENTATION OF THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND”; now therefore 

RESOLVED, that the City Council accepts the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF LETTS ROAD” and the “AGREEMENT REGARDING COMMON REPRESENTATION OF THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND” and directs the Mayor and City Clerk to execute both agreements; and

RESOLVED FURTHER, the above-referenced legal 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 authorization for payment to the law firm of Miller, Canfield, Paddock & Stone for their assistance in connection with the aforementioned matter is hereby authorized in an amount not to exceed $50,000.  (Motion ADOPTED.)

 

COMPREHENSIVE PLAN PROJECT

Assistant City Manager Jon Lynch presented a report on the City’s contract with LSL Planning, Inc. for an update of the City’s master plan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the Planning Commission and a Community Interest Panel interviewed the following firms:  Carlisle / Wortman Associates, Inc., Hamilton Anderson Associates, LSL Planning and McKenna Associates and unanimously recommends hiring LSL Planning; now therefore

RESOLVED, that the proposed Professional Services Agreement with LSL Planning, Inc. be accepted in the amount of $200,000; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this agreement in an aggregate amount not to exceed $20,000; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City.  (Motion ADOPTED.)

 

TRENCHLESS SEWER RECONSTRUCTION, EMERSON PARK

Utilities Director Noel Bush made a presentation on the trenchless sewer reconstruction process for Emerson Park and awarding of the low bid to Utility Services of Belleville, Michigan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the 30-inch stretch of sanitary sewer pipe that parallels Main St. in Emerson Park (approximately 3,400 lineal feet) has been identified as a major contributing factor to excessive infiltration during wet weather events; and

WHEREAS, the Emerson Park pipe still maintains its structural integrity, and only needs to be sealed, staff has determined that lining the pipe is the best option for this stretch of pipe; and

WHEREAS, sealed bids for the Trenchless Sewer Reconstruction, Bid No. 2902, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff has reviewed the bid proposals and recommends the low bid submitted by Utility Services of Belleville, MI in the amount of $336,600; and

WHEREAS, available funding for this project is $289,500 and the residual of $47,100 ($336,600 - $289,500) will require a budget transfer from the Wastewater Fund Contingency account; now therefore

RESOLVED, that the low sealed bid submitted by Utility Services of Belleville, MI is hereby accepted, a budget transfer of $47,100 from the Wastewater Fund Contingency account into account #590-9120-912-97.50 - Capital Outlay / Sewer System is hereby approved, and issuance of a purchase order in the amount of $336,600 is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase order in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

EMERGENCY OPERATIONS PLAN

Assistant City Manager Jack Duso presented an overview of the County of Midland/City of Midland Emergency Operations Plan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, Section 35-3 of the Code of Ordinances of the City of Midland designates the Midland County Emergency Operations Plan as the City’s emergency operations plan; and

WHEREAS, Section 35-8 of the Code of Ordinances requires the City Manager to review the effectiveness of the Midland County Emergency Operations Plan at least once every four years; and

WHEREAS, the Emergency Management Act (Public Act 390 of 1976, as amended) requires each county and every city over 25,000 in population to re-certify the emergency operations plan at least every four years; and

WHEREAS, the Midland County Emergency Services Director has requested that the City of Midland re-certify the County of Midland/City of Midland Emergency Operations Plan; now therefore

RESOLVED, that the City Council hereby approves the County of Midland/City of Midland Emergency Operations Plan as submitted and authorizes and directs the City Manager to certify said plan by his signature.  (Motion ADOPTED.)

 

GEOGRAPHIC TECHNOLOGIES GROUP, INC. AGREEMENT

City Engineer Brain McManus presented a report on the Geographic Information Systems (GIS) Implementation plan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, City Council authorized Geographic Information Systems (GIS) implementation with approval of the 2005/2006 budget; and

WHEREAS, specialized experience in the area of GIS design, development, and implementation for local government is required; and

WHEREAS, the City Engineer has presented a report that recommends retaining  the service of Geographic Technologies Group to design and develop the City’s base map, water, and sewer infrastructure in GIS and implement custom GIS applications allowing city-wide use of GIS;  now therefore

RESOLVED, that in accord with Section 2-19 of the Code of Ordinances, City Council authorizes the Mayor and City Clerk to execute an agreement with Geographic Technologies Group in the amount of $287,799.00 for said implementation plan, subject to review by and approval of the City Attorney for software purchases; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering said agreement in an aggregate amount not to exceed $20,000; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to execute a purchase order to Environmental Systems Research Institute, Inc. in the amount of $55,000.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT – WATER & SEWER ON JOSHUA LANE

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

 

RESOLVED, that the attached Easement Agreement from JTB Development LLC to the City of Midland, for the installation of a public water main and public sewers on private property on Joshua Lane, a private street south of Chapel Lane, in Section 4, T. 14 N., R. 2 E., is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 

EASEMENT AGREEMENTS – SEWER ON EAST SIDE OF STARK ROAD

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

 

WHEREAS,  the City of Midland is constructing Airport Road from Stark Road to Hicks Road to provide better access to Highway US-10 and as part of the road construction, Stark Road must be widened to allow for turn lanes; and

WHEREAS,  the widening of Stark Road requires the installation of storm sewers, to enclose the open ditches on the east side of Stark Road north of the proposed intersection of Airport Road to make room for the road widening; and

WHEREAS, a 15 foot wide easement is required to install the public storm sewers across two parcels of private property; now therefore

RESOLVED, that the two attached Easement Agreements, one from Arthur J. Fisher, James O. Fisher and Ralph J. Fisher and the other from Sahasa Realty Corporation for the installation of storm sewers on the east side of Stark Road, in Section 36, T. 15 N., R. 1 E., is hereby accepted and that the Easement Agreements are ordered recorded.  (Motion ADOPTED.)

 


SANITARY SEWER EASEMENT AGREEMENT, TRACTOR SUPPLY

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

 

WHEREAS, a non-exclusive easement agreement was prepared by TSC-Midland, LLC, an Ohio based limited liability company (TSC-M) requesting a non-exclusive easement for access to the City rights-of-way; and

WHEREAS, said access would permit TSC-M to construct, install, maintain, operate, repair and replace a sanitary sewer line within City rights-of-way on Commerce Court; and

WHEREAS, said initial agreement has been reviewed and approved by the City Attorney as to form, with the final agreement to be reviewed and approved by the City Attorney prior to execution; now therefore

RESOLVED, that a non-exclusive easement agreement between the City of Midland and TSC-M is hereby approved and the Mayor and City Clerk are hereby authorized to execute said agreement.  (Motion ADOPTED.)

 

MDOT PERFORMANCE RESOLUTION

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

 

WHEREAS, the Michigan Department of Transportation, or MDOT, is requesting that the City of Midland renew the annual MDOT Performance Resolution for Governmental Bodies to allow the City of Midland to operate within the State Rights Of Way in 2006 using an annual State permit instead of individual State permits; and

WHEREAS, the Midland City Council has approved similar annual performance resolutions since April 2001; and

WHEREAS, the City Attorney has reviewed the MDOT Performance Resolution for Governmental Bodies; now therefore

RESOLVED, that the attached MDOT Performance Resolution for Governmental Bodies is hereby adopted to facilitate processing State Right of Way Permits; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the MDOT Performance Resolution for Governmental Bodies on behalf of the City of Midland.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-05-18

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

 

RESOLVED, that Traffic Control Order No. P-05-18 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the east side of Lamplighter Lane and the north side of Candlestick Lane for 100 feet in each direction.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-05-19

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

 

RESOLVED, that Traffic Control Order No. P-05-19 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the west side of Ashman Street from Larkin Street to 80 feet north of Larkin Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-05-20

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

 

RESOLVED, that Traffic Control Order No. P-05-20 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the north side of Soccer Drive from Jefferson Avenue to Diamond Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-05-04

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

 

RESOLVED, that Traffic Control Order No. R-05-04 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Bay City Road shall be 45 m.p.h. from the east City limits to the railroad tracks, located approximately 0.51 miles west of Rockwell Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-05-05

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

 

RESOLVED, that Traffic Control Order No. R-05-05 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Soccer Drive shall be 25 m.p.h.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-08

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

 

RESOLVED, that Traffic Control Order No. S-05-08 filed October 6, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Oakridge Drive shall stop for Partridge Lane.

is hereby made permanent.  (Motion ADOPTED.)

 

REAPPOINTMENT OF ST. LOUIS – CENTRAL DISPATCH AUTHORITY BOARD

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

 

RESOLVED, that James St. Louis is hereby reappointed to the Midland County Central Dispatch Authority Administrative Policy Board for a term of four years beginning February 1, 2006.  (Motion ADOPTED.)

 

DIRECTIONAL SIGNS PLACEMENT FOR MICH. COMMUNITY BLOOD CENTERS

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

 

RESOLVED, that the request from the Michigan Community Blood Centers seeking permission to place occasional, temporary directional signs in the public right of way to announce mobile blood drives at locations within the City of Midland during 2006, is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

WINTER FESTIVAL

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

 

RESOLVED, that the request from the MDBA and the DDA to conduct a Winter Festival on Friday, February 10, 2006, from 5:00 – 10:00 p.m. and Saturday, February 11, 2006, from Noon – 6:00 p.m. in downtown Midland utilizing the public right of way is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

CIRCLE AUTO PARTS PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of parts and supplies for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17794 to Circle Auto Parts of Midland, Michigan up to the amount of $25,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 


UPPER LAKES TIRE, INC. PURCHASE ORDER INCREASE

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

 

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 provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #18019 to Upper Lakes Tire, Inc. of Saginaw, Michigan up to the amount of $50,000 for the purchase of vehicle and equipment tires.  (Motion ADOPTED.)

 

SPARTAN OIL PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of parts and supplies for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17989 to Spartan Oil of Lansing, Michigan up to the amount of $25,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED,)

 

WIELAND SALES PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of parts and supplies for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #18028 to Wieland Sales of Bay City, Michigan up to the amount of $45,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

BELL EQUIPMENT COMPANY PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17777 to Bell Equipment Company of Lake Orion, Michigan up to the amount of $40,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

CENTENNIAL AUTO PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of parts and supplies for vehicle maintenance and repair; and


WHEREAS, sufficient funding for such purchases is provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17788 to Centennial Auto of Midland, Michigan up to the amount of $35,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

SCIENTIFIC BRAKE PURCHASE ORDER INCREASE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of parts and supplies for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is provided by the 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17980 to Scientific Brake of Saginaw, Michigan up to the amount of $25,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

AMENDMENT NO. 3 – DLZ AGREEMENT

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

 

WHEREAS, DLZ was retained in March 2005 to perform traffic study and analysis to improve traffic flow on Eastman Avenue in the area of the Midland Mall; and

WHEREAS, DLZ has submitted a final report and concluded their obligations for their original contract and subsequent amendments to date; and

WHEREAS, the City desires the assistance of DLZ for Professional Services related to the ongoing public information process related to the Eastman Avenue Traffic Study; now therefore

RESOLVED, that City Council authorizes the City Manager to approve Amendment 3 to DLZ Michigan, Inc. Agreement for Professional Services in the amount of $40,000 for said additional work; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders further modifying or altering said agreement in an amount not to exceed $10,000.  (Motion ADOPTED.)

 

PROPOSED STREET VACATION – E. ELLSWORTH, HALEY, & MILL STREETS

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

 

WHEREAS, the Midland City Council, acting upon the request of The Dow Chemical Company, Michigan Operations for vacation of East Ellsworth Street from State Street to Haley Street, vacation of Haley Street from East Ellsworth Street to Buttles Street and vacation of Mill Street from East Ellsworth Street to Buttles Street referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of East Ellsworth Street from State Street to Haley Street; Haley Street from East Ellsworth Street to Buttles Street and vacation of Mill Street from East Ellsworth Street to Buttles Street subject to retained utility easements; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore


RESOLVED, that the Midland City Council deems it advisable to consider the vacation of East Ellsworth Street from State Street to Haley Street; vacation of Haley Street from East Ellsworth Street to Buttles Street; and vacation of Mill Street from East Ellsworth Street to Buttles Street; and

RESOLVED FURTHER, that the 13th day of February, 2006, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said streets, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing with advertising dates on January 21, 2006; January 28, 2006 and February 4, 2006; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion ADOPTED.)

 

PROPOSED 2005-06 GENERAL FUND BUDGET AMENDMENT

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

 

WHEREAS, unanticipated revenue in the amount of $53,620 has been awarded from  FEMA’s 2005 Assistance to Fire Fighters Grant Program for the purpose of purchasing needed equipment at the City of Midland Fire Department; and

WHEREAS, it is the Fire Department’s intent to use said funds toward the cost of purchasing exercise equipment for use at all three stations; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, January 23, 2006, in the Council Chambers of City Hall on the proposal to amend the 2005-06 General Fund budget in order to increase Federal Grant Revenues by $53,620 and to increase appropriations for Fire Department Capital Outlay by $53,620.  (Motion ADOPTED.)

 

PROPOSED 2005-06 MAJOR & LOCAL ST MAINT. AND WATER FUND AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, January 23, 2006, in the Council Chambers of City Hall on the proposal to amend the 2005-06 Major Street Maintenance Fund budget to increase revenues by $672,500 and increase expenditures by $775,000 to reflect project cost increases, and the funding thereof, and to amend the 2005-06 budgets of the Local Street Maintenance Fund and Water Fund to increase expenditures by $156,000 and $131,000, respectively, to fund additional project expenditures.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:17 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk