January 23, 2006

 

A regular meeting of the City Council was held on Monday, January 23, 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 January 9, 2006 special and regular and January 16, 2006 special meetings was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

EASTMAN AVENUE TRAFFIC STUDY REPORT

City Clerk/Community Relations Director Selina Tisdale presented results of the Eastman Avenue Traffic Study survey that showed respondents were almost evenly divided between postponing Eastman Avenue improvements and proceeding with the improvements.  City consultants KezziahWatkins supplied a summary report recommending the City conduct a further study of ideas proposed by respondents and report back on any additional feasible alternatives.  Fay Wood, 3501 Bay City Road, suggested the City construct another, bigger roadway that could accommodate additional businesses.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, in January 2005, 185 Midland citizens took part in the Community Roundtable discussions and gave City Council input on budget-related issues and priorities for the City of Midland; and

WHEREAS, Eastman Avenue traffic, primarily in the Midland Mall area, was consistently mentioned as the most significant concern on the minds of Roundtable participants; and

WHEREAS, in March 2005, City Council hired DLZ of Michigan, Inc. to study the complex traffic patterns and congestion issues along Eastman Avenue from Wackerly Street north to Commerce Drive and to recommend improvement alternatives; and

WHEREAS, on December 12, 2005, DLZ presented Midland City Council with three improvement alternatives for Eastman Avenue from Wackerly Street north to Commerce Drive and Council hired KezziahWatkins to facilitate a public process to obtain citizen input to help advise on the best alternative for improving Eastman Avenue; and

WHEREAS, during a five-week survey period citizens returned 704 completed surveys indicating preferences on the three alternatives and whether to postpone or move forward with Eastman Avenue improvements at this time; and

WHEREAS, KezziahWatkins has submitted a report analyzing the response forms and recommending further direction on the public process; now therefore

RESOLVED, the Midland City Council hereby receives and files KezziahWatkins’ initial report on the results of the Roadmap Response Form survey for the Eastman Avenue Traffic Study; and

RESOLVED FURTHER, that the workshops originally scheduled for February 15th and 16th be cancelled so that staff and consultants may explore and analyze the suggestions and recommendations provided through the survey and report the results to the City Council upon completion.  (Motion ADOPTED.)

 

2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT

Fiscal Services Director David Keenan introduced Plante and Moran representatives Bruce Berend, Joe Heffernan, and Scott Janssen, who presented the City of Midland’s 2005 Comprehensive Annual Financial Report.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2005 is hereby received and ordered filed for public examination.  (Motion ADOPTED.)

 

2005-06 BUDGET AMENDMENT – GRANT REVENUES

Midland Fire Chief Leonardo Garcia introduced a budget amendment to recognize and appropriate grant revenues from the Federal Emergency Management Agency’s U.S. Fire Administration Assistance to Fire Fighter’s Grant Program for the purchase of exercise equipment and to implement a fitness program for the Midland Fire Department.  A public hearing opened at 8:22 p.m., recognizing no public comments, the hearing closed at 8:22 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, that in accord with Section 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, January 23, 2006, on the proposal to amend the 2005-06 General Fund budget in order to increase Federal Grant Revenues by $53,620 and to increase Fire Department appropriations by $53,620; and

WHEREAS, it is the Fire Department’s intent to use said funds toward purchasing exercise equipment and implementing a fitness program for all three stations at a total cost of $59,577; and

WHEREAS, the 2005-06 General Fund budget already includes an appropriation in the amount of $5,957 to replace exercise equipment, resulting in a need for additional appropriations of $53,620; now therefore

RESOLVED, that the 2005-06 General Fund budget be amended to increase Federal Grant Revenues by $53,620 and to increase Fire Department appropriations by $53,620.  (Motion ADOPTED.)

 

2005-06 MAJOR & LOCAL ST MAINTENANCE AND WATER FUNDS BUDGET AMEND.

Fiscal Services Director David Keenan presented a budget amendment for the 2005-06 Major Street Maintenance Fund, Local Street Maintenance Fund, and Water Fund.  A public hearing opened at 8:35 p.m., recognizing no public comments, the hearing closed at 8:35 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice and having conducted a public hearing on Monday, January 23, 2006 on the proposal to amend the Major Street Maintenance Fund’s 2005-06 budget to increase revenues and expenditures 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 approve additional project expenditures to cover project cost increases; and

WHEREAS, funding for these expenditures will come from available County Road Millage, Major Street project refunds, the fund balance of the Major Street Maintenance Fund, the fund balance of the Local Street Maintenance Fund, and Water Fund working capital; now therefore 

RESOLVED, that the 2005-06 Major Street Maintenance Fund budget be amended to increase expenditures by $725,000 for additional project costs, and increase revenues by $672,500 for additional funding from county road millage and project refunds; and

RESOLVED FURTHER, that the 2005-06 budgets of the Local Street Maintenance Fund and Water Fund be amended to increase expenditures by $156,000 and $131,000, respectively, for additional project costs.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Bill Egerer, 2912 Camberley Lane, Founder of Midland Matters, spoke regarding dioxin contamination in Midland, the Homeowners Fairness Bill, and the need to establish environmental public policy based on sound science.

Fay Wood, 3501 Bay City Road, spoke regarding public transportation issues and the need for the City to keep semi-trucks out of residential neighborhoods.

 

BARSTOW AIRPORT SERVICE CONTRACT

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

 

WHEREAS, the City Council and the Barstow Airport Advisory Commission are  reviewing all operating costs associated with Barstow Airport in order to lower General Fund subsidy; and

WHEREAS, the Barstow Airport Advisory Commission recognizes that the single largest budget item in the airport budget is the airport services contract; and

WHEREAS, the Barstow Airport Advisory Airport Commission recommends to City Council that they take actions that allow for competitive bidding of the airport operations contract; now therefore

RESOLVED, that City Council authorizes the Airport Manager to notify the airport services contract holder that the contract will be reopened to a competitive bidding process to review and assess the scope of services offered and the cost of providing such services.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT – 4418 ISABELLA STREET

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

 

WHEREAS, the City of Midland annually enters into a partnership with the Midland Public Schools building trades program to construct a residential dwelling; and

WHEREAS, through this partnership a residential home is being built at 4418 Isabella Street; and

WHEREAS, Consumers Energy has requested an easement that will provide access to a utility pole located on the dwelling site; now therefore

RESOLVED, that the attached Easement Agreement from Consumers Energy to the City of Midland, for overhead electric lines, for property located at 4418 Isabella Street, is hereby accepted and that the easement is ordered recorded; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to sign said easement document.  (Motion ADOPTED.)

 

FORESTVIEW CEMETERY PLAT

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

 

WHEREAS, City staff has developed a cemetery plat for a section for the burial of cremains, to be known as Forestview; and

WHEREAS, the Parks and Recreation Commission, at their meeting of January 3, 2006, recommended that City Council accept the plat in accord with section 6-3 of the Code of Ordinances; now therefore

RESOLVED, that the plat of the Forestview section of the Midland Cemetery is hereby accepted.  (Motion ADOPTED.)

 


ZONING BOARD OF APPEALS – DUNN RESIGNATION

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

 

RESOLVED, that the resignation of Joseph Dunn as a member of the Zoning Board of Appeals is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Dunn for his service on this important Board.  (Motion ADOPTED.)

 

2006 AIRPORT ROAD EXTENSION

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the extension of Airport Road from Hicks Road to Stark Road; and

WHEREAS, funding for this project is provided by the Major Street Fund with monies allocated from the Midland County Road Millage; and

WHEREAS, a budget amendment to allocate additional funds to the project will be considered by City Council on January 23, 2006; now therefore

RESOLVED, that the low sealed proposal submitted by Midstate Earthworks Inc. of Freeland, Michigan, for the "2006 Airport Road Extension; Contract No. 1", in the indicated amount of $874,674.09 based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that contract approval is subject to approval of an associated budget amendment; 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 $20,000.  (Motion ADOPTED.)

 

PROPERTY PURCHASE FOR LETTS ROAD EXTENSION PROJECT

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

 

WHEREAS, a report has been received from the City Engineer indicating that City and County Road Commission Staff have initiated a pending purchase agreement with Earl D. Bennett Construction for land purchase; and

WHEREAS, the Midland County Road Commission is expected to accept said purchase agreement at their meeting of January 23, 2006; and

WHEREAS, the City of Midland and the Midland County Road Commission have previously agreed 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

WHEREAS, the City of Midland is responsible for land acquisition costs in accordance with said agreement; now therefore 

RESOLVED, that the City Manager is authorized to pay the Midland County Road Commission an amount up to $23,000 of County Road Millage Funds to acquire land from Earl D. Bennett Construction, Inc. and for associated closing costs subject to Road Commission acceptance of the pending purchase agreement.  (Motion ADOPTED.)

 


N. SAGINAW ROAD RECONSTRUCTION MDOT CONTRACT

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

 

WHEREAS, a proposed Contract No. 05-5451 has been submitted to the City of Midland by the Michigan Department of Transportation, MDOT, for approval of funding for the reconstruction of N. Saginaw Road from Drake Street to Perrine Road; and

WHEREAS, the total estimated cost of the project is $1,034,700 and that $375,000 will be paid from a federal Surface Transportation Program grant through the MDOT Small Urban Program and that the remaining cost of $659,700 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland desires to reconstruct N. Saginaw Road from Drake Street to Perrine Road; and

WHEREAS, funding was approved for this project as part of the 2005/06 fiscal year budget; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 05-5451 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

PLAYGROUND EQUIPMENT PURCHASE

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

 

WHEREAS, quotations were sought in June of 2005 for playground equipment; and

WHEREAS, Engan, Tooley, and Doyle Associates of Okemos, Michigan submitted a quote which was substantially below that of the other five bidders; and

WHEREAS, the City purchased the equipment from Engan, Tooley, and Doyle Associates and were well pleased; and

WHEREAS, the Parks and Recreation Commission has recommended the purchase of three similar sets of equipment; and

WHEREAS, Engan, Tooley, and Doyle Associates have agreed to hold to the price submitted in June, 2005; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order in the amount of $24,889 to Engan, Tooley, and Doyle Associates for three sets of playground equipment.  (Motion ADOPTED.)

 

PROFESSIONAL ASSESSING SERVICES

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

 

WHEREAS, the City desires to retain a Contract Assessor for purposes of providing contractual professional services to the City of Midland’s Assessing Department during the 2006 assessing process; and

WHEREAS, the City agrees to pay the Contract Assessor a fee, for reviewing, supervising and certifying the 2006 assessment roll, in the amount of Twenty Thousand Dollars and no/100 ($20,000.00), payable in two (2) equal installments of Ten Thousand Dollars and no/100 ($10,000.00) each on February 28, 2006 and April 30, 2006; and

WHEREAS, the City agrees to pay the Contract Assessor at a rate of Seventy-Five Dollars and no/100 ($75.00) per hour for compensation for travel expense and drive time that is based on a distance between the City’s address and the Contract Assessor’s address as stated in the contract; now therefore

RESOLVED, that the Council authorizes the Mayor and City Clerk to enter into a contract with Robert C. Brandmier, CMAE IV, Contract Assessor for contractual professional services.  (Motion ADOPTED.)

 

PROPOSED ZONING ORDINANCE REVISION

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, December 13, 2005 for consideration of revisions of Zoning Ordinance No. 1585; and

WHEREAS, a copy of the Zoning Ordinance revisions may be reviewed at the Planning Department, City Hall, 333 West Ellsworth Street; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 13, 2006, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the revised Zoning Ordinance; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on January 28, 2006. 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP.

The City of Midland Ordains:

Section 1.  That the Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to read as follows.

                                                (see attached)

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only

to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ZONING PETITION NO. 525

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, December 13, 2005 for property located at 1314 West Wheeler Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 13, 2006, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on January 27, 2006 and to publish said notice on January 28, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A REGIONAL COMMERCIAL ZONING WHERE AN OFFICE SERVICE ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

BEGINNING AT THE INTERSECTION OF THE WEST 1/8 LINE AND SOUTH SECTION LINE, SECTION 4; THENCE NORTH 190 FEET, THENCE WEST 362.81 FEET MORE OR LESS TO THE WEST PROPERTY LINE, THENCE SOUTH 190 FEET, THENCE EAST 363.47 FEET TO BEGINNING.

be, and the same is hereby changed to Regional Commercial.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ZONING PETITION NO. 526

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, December 13, 2005 for property located at 1214 East Buttles Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 13, 2006, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on January 27, 2006 and to publish said notice on January 28, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A COMMUNITY ZONING WHERE A REGIONAL COMMERCIAL ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

ENTIRE OF BLOCKS 69, 70, 92, 93, 94, 103, 104, 105 AND 106, MAP OF LARKINS’ ADDITION TO MIDLAND CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN LIBER A, PAGE 26, MIDLAND COUNTY RECORDS.  ALSO, ALL THOSE LANDS LYING SE’LY OF STATE STREET, SW’LY AND NW’LY OF BLOCKS 69 AND 70, MAP OF LARKINS’ ADDITION TO MIDLAND CITY AND NE’LY OF C & O RAILROAD RIGHT-OF-WAY, SECTION 21, T14N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, ALSO ANY AND ALL STREETS VACATED WITHIN THE ABOVE DESCRIBED PARCEL.

be, and the same is hereby changed to Community.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

NEW BUSINESS

 

CITY ATTORNEY JOB PERFORMANCE REVIEW

Councilman Adams read the job performance review for City Attorney James O. Branson, III. The following resolution was then offered by Councilman Adams and seconded by Councilman Myers:

 

RESOLVED, that the salary of James O. Branson III, City Attorney, is amended to recognize a salary increase from $108,500 annually to $111,755 effective January 23, 2006; and

RESOLVED FURTHER, that the letter of employment is hereby amended to increase the car allowance from $300 to $500 and to execute a deferred compensation and trust agreement as provided for by the International City Management Association Retirement Corporation and to pay into this retirement system an amount equal to four and one-half percent (4.5%) of James O. Branson III’s base salary, which shall be credited in equal proportionate amounts each pay period; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion ADOPTED.)

 

CITY MANAGER JOB PERFORMANCE REVIEW

Councilman Rokosz read the job performance review for City Manager Karl Tomion.  The following resolution was then offered by Councilman Myers and seconded by Councilman Adams:

 

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $123,800 annually to $127,200 effective January 23, 2006; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:53 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk