December 18, 2006

 

A regular meeting of the City Council was held on Monday, December 18, 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 4, 2006 regular meeting was offered by Councilman                     Myers and seconded by Councilman Adams.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

MIDLAND CO CONTINUUM OF CARE 10 YR PLAN TO END HOMELESSNESS

Sharon Mortensen, Director of the Council on Domestic Violence and Sexual Assault and Chair of the Midland County Continuum of Care, gave a presentation regarding the Midland County Continuum of Care 10 Year Plan to End Homelessness.

 

EASTMAN AVENUE IMPROVEMENT PROJECT

City Engineer Brian McManus presented information on the selection of an engineering consultant and process of a budget transfer for associated funding for the Eastman Avenue Improvement Project.   Richard McCreadie, 2700 Washington, spoke regarding involvement of the Planning Commission in street configuration plans and enhancements such as the one being considered on Eastman Avenue.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the City Engineer provided a report related to the process for moving forward with planning and development of an alternative to improve Eastman Avenue; now therefore

RESOLVED, that City Council hereby directs City Staff to proceed with the selection of an engineering design consultant with emphasis on DLZ, Michigan Inc. and begin the process of a budget transfer for associated funding with regard to the proposed Eastman Avenue improvement. (Motion ADOPTED.)

 

LIQUOR LICENSE FOR CURRIE GOLF COURSE

Director of Public Services Martin McGuire presented information on the pursuit of a resort liquor license for Currie Golf Course.  Richard McCreadie, 2700 Washington, stated the City should not be competing with local businesses for liquor sales.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers: 

 

WHEREAS, the City of Midland has operated the Currie Clubhouse at its current location five seasons; and

WHEREAS, the clubhouse operation has not been financially successful; and

WHEREAS, each of the three vendors who have operated the concession have recommended a liquor license to increase the viability of the operation; and

WHEREAS, at their meeting of December 5, 2006, the Parks and Recreation Commission, by a vote of 7-2 recommended that the City Council authorize staff to pursue a resort liquor license; now therefore

RESOLVED, that staff is hereby authorized to pursue a resort liquor license for Currie Golf Course.  (Motion ADOPTED.  Yeas:  Johnson, McKeag, Myers, Rokosz  Nays:  Adams)

 

CITY ATTORNEY OPINION REGARDING DEMO OF CIVIC ARENA

City Attorney James O. Branson III presented information on his opinion regarding the demolition of the Midland Civic Arena and Swimming Complex.  Richard McCreadie, 2700 Washington, spoke regarding the City Charter’s intent on changes to City park land.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, at the November 20, 2006 City Council meeting, upon receiving an inquiry from a citizen, City Council requested that the City Attorney prepare an opinion regarding the demolition of the Midland Civic Arena and Swimming Complex; now therefore

RESOLVED, that the City Council hereby accepts the City Attorney opinion regarding the demolition of the Midland Civic Arena and Swimming Complex.   (Motion ADOPTED.)

 

SITE PLAN NO. 254

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 254, the request of Three Rivers Corporation on behalf of MidMichigan Oncology to construct an 11,409 square foot medical office building at 4500 Campus Ridge Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 254 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 254, contingent upon the following:

1.   The stormwater detention system is designed and constructed in accordance with

      Engineering Department requirements.

2.   The drive aisle adjacent to the building’s entrance shall be posted “no parking” fire lane.

3.   To properly service the site, the water main should be extended south to McCandless where a 12 inch main exists.

4.   Landscape irrigation is not shown and should be an extension of the existing system.

5.   Care should be taken when placing the pneumatic tubes so that they are spaced at least 10 feet horizontally from the water main.

6.   All exterior lighting shall adhere to Section 3.12 of the Zoning Ordinance.

7.   All landscaping shall adhere to Article 6 of the Zoning Ordinance.

8.   The dumpster shall be screened in accordance with Section 3.15 of the Zoning Ordinance.

9.   All ground mounted mechanical equipment shall be screened in accordance with Section 6.02(E)2 of the Zoning Ordinance.

10. All parking spaces must be delineated with “box” style striping per Section 5.01(d)3 of the Zoning Ordinance.

11. All signage shall adhere to Article 8 of the Zoning Ordinance.

(Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-06-03

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

 

RESOLVED, that Traffic Control Order No. S-06-03 filed September 18, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Bay City Road shall stop for Pershing Street and Pershing Street shall stop for Bay City Road, creating a three way stop and that Traffic Control Order No.  S-05-01 shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

CONTRACTED LEGAL SERVICES – MEIJER TAX APPEAL

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

 

WHEREAS, Meijer, Inc. appealed the 1993 -2006 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on April 12, 2004, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $250,000; and

WHEREAS, the cost of continuing said legal fees 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 2006-2007 General Fund budget in the General Tax Appeal activity; now therefore

RESOLVED, that the above-referenced 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 the law firm of Miller, Canfield, Paddock & Stone, PLC for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $260,000.  (Motion ADOPTED.)

 

ENTERPRISE REPORTING SERVICES

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

 

WHEREAS, the City requires enterprise report generation software; and

WHEREAS, the City participates in a single-source relationship with Sungard HTE Incorporated; and

WHEREAS, sufficient funding exists in the General Fund and Water Fund and various software modules will be purchased by individual user departments from the 2006-07 Computer/Software budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sungard HTE Incorporated in the amount of $22,450.00 for the purchase of reporting software.  (Motion ADOPTED.)

 

LIBRARY RESTROOM REMODEL

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

 

WHEREAS, the sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for restroom remodel at the Grace A. Dow Memorial Library; and

WHEREAS, the proposal submitted by DCM Construction is the lowest bid; and

WHEREAS, funding is available in the 2006/2007 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal of Bid No. 2983, submitted by DCM Construction for restroom remodel at the Grace A. Dow Memorial Library, in the amount of $50,824, is hereby accepted and the necessary purchase order authorized.  (Motion ADOPTED.)

 


JET FUELING TRUCK

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

 

WHEREAS, on November 20, 2006, City Council approved a budget transfer of $35,000 towards the purchase of a used jet aircraft refueling truck; and

WHEREAS, a jet fueling truck from Omega Aviation, located in Houston, Texas, meets current City, State, and Federal codes and requirements; and

WHEREAS, the negotiated cost for the used fuel truck is $35,000 including shipping costs; and

WHEREAS, the competitive bidding process is hereby waived as being impractical; and

WHEREAS, the City Council supports the purchase of a jet fuel truck that meets current applicable codes; now therefore

RESOLVED, that the City Purchasing Agent is authorized to purchase a jet fuel truck for Jack Barstow Municipal Airport at a cost of $35,000 including shipping.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – WIELAND PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #21036 to Wieland Sales of Auburn, Michigan up to the amount of $50,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – MT PLEASANT TIRE PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20970 to Mt. Pleasant Tire of Mt. Pleasant, Michigan up to the amount of $50,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – BELL EQUIPMENT PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20874 to Bell Equipment of Lake Orion, Michigan up to the amount of $45,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 


VEHICLE MAINTENANCE SUPPLIES – FIRESTONE TIRE PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20911 to Firestone Tire of Bay City, Michigan up to the amount of $40,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – SPARTAN OIL PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #21006 to Spartan Oil of Lansing, Michigan up to the amount of $35,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – SPARTAN DISTRIBUTORS PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #21005 to Spartan Distributors of Sparta, Michigan up to the amount of $35,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – NAPA AUTO PARTS PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20977 to NAPA Auto Parts of Midland, Michigan up to the amount of $35,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – CIRCLE AUTO PARTS PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20886 to Circle Auto Parts of Midland, Michigan up to the amount of $30,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – MCDONALD FORD PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20950 to McDonald Ford of Freeland, Michigan up to the amount of $30,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – EASTMAN EXIT AUTO PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20902 to Eastman Exit Auto of Midland, Michigan up to the amount of $25,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

VEHICLE MAINTENANCE SUPPLIES – SCIENTIFIC BRAKE PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #20989 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.)

 

VEHICLE MAINTENANCE SUPPLIES – SHULTS EQUIPMENT PO INCREASE

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

 

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 included in the 2006-07 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #21001 to Shults Equipment of Ithaca, Michigan up to the amount of $25,000 for the purchase of vehicle and equipment parts and supplies.  (Motion ADOPTED.)

 

MIDFIELD LANE STREET VACATION REQUEST

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

 

WHEREAS, the Midland City Council, acting upon the request of the City of Midland for vacation of Midfield Lane from Soccer Drive to 430 feet south of Joseph Drive, 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 Midfield Lane from Soccer Drive to 430 feet south of Joseph Drive to retain 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 Midfield Lane from Soccer Drive to 430 feet south of Joseph Drive; and

RESOLVED FURTHER, that the 22nd day of January, 2007, 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 December 30, 2006; January 6, 2007 and January 13, 2007; 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.)

 

BUTTLES AND BAY CITY ROAD STREET VACATION REQUEST

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

 

WHEREAS, the Midland City Council, acting upon the request of The Dow Chemical Company, Michigan Operations for vacation of Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing 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 Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street 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 Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street; and

RESOLVED FURTHER, that the 22nd day of January, 2007, 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 December 30, 2006; January 6, 2007 and January 13, 2007; 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.)

 

Being no further business the meeting adjourned at 8:55 p.m.

 

 

______________________________________

            John E. Duso, Deputy City Clerk