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 |
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.)
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.
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
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.)
No
public comments were made.
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.)
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.)
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.)
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.)
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)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
WHEREAS, a public hearing was held by
the
WHEREAS, a copy of the Zoning
Ordinance revisions may be reviewed at the
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