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.
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
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
RESOLVED, that the
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
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
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
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,
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
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
WHEREAS, a report has been received from the Midland
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
WHEREAS, a report has been received from the
Midland
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.
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John E. Duso, Deputy City