January 21, 2008

 

A regular meeting of the City Council was held on Monday, January 21, 2008, 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, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the January 7, 2008 regular and January 14, 2008 special meetings was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

DOW CORNING TENNIS CLASSIC WEEK

City Clerk/Community Relations Director Selina Tisdale introduced a proclamation naming February 2-10, 2008, as Dow Corning Tennis Classic Week and introduced Mike Woody, Executive Director for the Midland Community Tennis Center.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

RESOLVED, that Midland City Council hereby issues the attached proclamation naming February 2 – 10, 2008 as Dow Corning Tennis Classis Week in the City of Midland.  (Motion ADOPTED.)  Mayor Black presented Mike Woody with proclamation.

 

CONDITIONAL USE PERMIT NO. 28

Planning and Community Development Director Keith Baker introduced Conditional Use Permit No. 28 – a request by Nextel Communications c/o Schnelz Wells, P.C. for a conditional use permit review and approval for an erection of roof mounted cellular antennas in a Regional Commercial zoning district at 6517 Eastman Avenue.  Mark Morris of Nextel Communications spoke regarding the project.  A public hearing opened at 7:18 p.m., recognizing no public comments, the hearing closed at 7:18 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, Nextel Communications c/o Schnelz Wells, P.C. submitted a request for a conditional use permit review and approval for an erection of roof mounted cellular antennas in a Regional Commercial zoning district at 6517 Eastman Avenue; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, contingent upon the following:

      1.   All exterior cellular antennae support equipment is screened from the roadways.

in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 28 in accord with documents provided and submitted at the meeting of December 17, 2007.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

DONATION – BRING U.S. OLYMPIC SOFTBALL TEAM TO MIDLAND

Parks and Recreation Director Brett Ireland presented a resolution recognizing a donation from the Midland Area Community Foundation to bring the U.S. Olympic Softball Team to Midland as part of their “Bound 4 Beijing” tour.  Jan McGuire, President of the Midland Area Community Foundation, spoke regarding the donation and the event.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland has been presented with an opportunity to host a tour stop on the U. S. Olympic Team’s “Bound 4 Beijing” tour; and

WHEREAS, the team expenses associated with a tour stop are $15,000; and

WHEREAS, the Midland Area Community Foundation has offered to pay $15,000 for this purpose; and

WHEREAS, City staff will work in cooperation with the Midland Area Community Foundation to successfully plan and execute the event; now therefore

RESOLVED, that the City Council hereby acknowledges this generous offer of $15,000 and expresses its gratitude to the Midland Area Community Foundation for sponsoring this community event.  (Motion ADOPTED.)

 

WARRANTY DEED – FAST ICE DRIVE

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

 

RESOLVED, that the attached Warranty Deed from the County of Midland to the City of Midland, conveying a public street, from Rockwell Drive to the west line of the proposed Midland County Jail site in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the warranty deed is ordered recorded; and

RESOLVED FURTHER, that said public street shall be named Fast Ice Drive.  (Motion ADOPTED.)

 

UTILITIES EASEMENT AGREEMENT – FAST ICE DRIVE

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

 

RESOLVED, that the attached Easement Agreement from the County of Midland to the City of Midland, conveying a permanent easement and right- of-way for public utilities along Fast Ice Drive, from Rockwell Drive to the west line of the proposed jail site in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

SANITARY SEWER EASEMENT AGREEMENT – FAST ICE DRIVE

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

 

RESOLVED, that the attached Easement Agreement from the County of Midland to the City of Midland, conveying a permanent easement and right-of- way for a public sanitary sewer running parallel to and west of Rockwell Drive, in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement  is ordered recorded.  (Motion ADOPTED.)

 

SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 1

Planning and Community Development Director Keith Baker presented a request for a two-year extension of time for completion of sidewalk in City Forest Estates Subdivision No. 1.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, a written request has been received from Robert Kinnun and Roy Wise of Wiskin Developments, Inc., proprietors of City Forest Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision until January 10, 2010 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by February 15, 2008, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.  Yeas:  Adams, Donker, McKeag, Rokosz  Nays:  Johnson)

 

SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 2

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

 

WHEREAS, a written request has been received from Robert Kinnun and Roy Wise of Wiskin Developments, Inc., proprietors of City Forest Estates Subdivision No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision until April 14, 2010 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by February 14, 2008, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER D-07-06

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

 

RESOLVED, that Traffic Control Order No. D-07-06 filed November 15, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the intersections of Discovery Way with Washington Street and Saginaw Road shall be controlled by traffic signal operation and shall operate in full color mode from 6:00 a.m. to 11:00 p.m. and in flash mode from 11:00 p.m. to 6:00 a.m. daily.

is hereby made permanent.  (Motion ADOPTED.)

 

FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next available Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process where fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,504 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $31,034.93, executed by the Purchasing Agent on January 9, 2008, is hereby approved.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – BARNES DISTRIBUTION

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #23926 to Barnes Distribution of Cleveland, Ohio up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – BELL EQUIPMENT

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #23932 to Bell Equipment of Lake Orion, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – CENTENNIAL AUTO

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #23940 to Centennial Auto of Midland, MI up to the amount of $30,000 for the purchase of  auto body repairs.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – EASTMAN EXIT AUTO

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #23957 to Eastman Exit Auto of Midland, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – EXOTIC AUTOMATION

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #23960 to Exotic Automation of Freeland, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – GCR FIRESTONE

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #23968 to GCR Firestone of Bay City, MI up to the amount of $50,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – LYDEN OIL

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #24001 to Lyden Oil of Lansing, MI up to the amount of $50,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – MT. PLEASANT TIRE

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #24037 to Mt. Pleasant Tire of Mt. Pleasant, MI up to the amount of $50,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – NAPA

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #24040 to NAPA Auto of Midland, MI up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – SHULTS EQUIPMENT

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #24066 to Shults Equipment of Ithaca, MI up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – SPARTAN DISTRIBUTORS

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #24070 to Spartan Distributors of Sparta, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PO INCREASE VEHICLE MAINTENANCE SUPPLIES – WIELAND SALES

The following resolution was offered by Councilman McKeag 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 2007-08 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #24136 to Wieland Sales of Bay City, MI up to the amount of $50,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

CONTRACT WITH BRANDMIER (CONTRACT ASSESSOR)

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 2008 assessing process; and

WHEREAS, the City agrees to pay the Contract Assessor a fee, for reviewing and certifying the 2008 assessment roll, in the amount of Twenty-Five Thousand Dollars and no/100 ($25,000.00), payable in two (2) equal installments of Twelve Thousand Five Hundred Dollars and no/100 ($12,500.00) each on March 1, 2008 and April 15, 2008; now therefore

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

 

CONDITIONAL USE PERMIT NO. 27

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

 

WHEREAS, Bartow & King Engineers, Inc. submitted a request for a conditional use permit review and approval for an addition of a drive-through for an accessory restaurant use for a previously approved, fitness center site plan in a Regional Commercial Zoning District at 601 East Wackerly Street on 1.8 acres; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of 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 February 11, 2008, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on January 25, 2008 and to publish said notice on January 26, 2008.  (Motion ADOPTED.)

 

AMENDMENT TO ZONING ORDINANCE NO. 1585

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 11, 2007 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 25, 2008, 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 February 9, 2008. 

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.)

 

Being no further business the meeting adjourned at 7:35 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk