March 24, 2008

 

A regular meeting of the City Council was held on Monday, March 24, 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 March 10, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

HOTEL HOLDINGS CINEMA, L.L.C. BROWNFIELD REDEVELOPMENT PLAN

Assistant City Manager Jack Duso introduced a Brownfield Redevelopment Plan for Hotel Holdings Cinema, L.L.C.  John Byl, partner with Warner Norcross & Judd representing the project and Brian Beukema and Peter Beukema of Suburban Ends Hotel Holdings Cinema, L.L.C. spoke regarding specific details of the project.  A public hearing opened at 7:54 p.m.  Don Hall, Midland resident, owner of Fairview Inn, spoke in opposition to approving the tax incentive.  The public hearing closed at 7:58 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.            The Plan constitutes a public purpose under the Act;

B.            The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute the Brownfield Reimbursement Agreement between Hotel Holdings Cinema, L.L.C. and the City of Midland.  (Motion ADOPTED.   Yeas:  Adams, Donker, Johnson, Rokosz   Nays:  McKeag)

 

PUBLIC COMMENTS

No public comments were made.

 

MCTV GRANT FROM THE MICHIGAN BASEBALL FOUNDATION

Midland Community Television (MCTV) Director Ron Beacom acknowledged a $4,300 grant to MCTV from the Michigan Baseball Foundation.  Michigan Baseball Foundation Director of Development Bob Rock spoke regarding the grant.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Michigan Baseball Foundation, owner of the Great Lakes Loons, has selected 25 non-profit organizations in mid-Michigan to receive grants totaling $100,500; and

WHEREAS, Midland Community Television, a service of the City of Midland, has been selected to receive a $4,300 grant; and

WHEREAS, this grant will help MCTV purchase a portable production system to be used by MCTV access users and students in the Midland Public Schools Video Communications course; now therefore

RESOLVED, that the City Council acknowledges this generous grant of $4,300 and expresses its gratitude to the Michigan Baseball Foundation and the Great Lakes Loons for their support of access television in Midland.  (Motion ADOPTED.)

 

REAPPOINTMENT OF INCUMBENTS TO BOARDS & COMMISSIONS

City Clerk/Community Relations Director Selina Tisdale presented a resolution reappointing incumbents to boards and commissions and establishing a timeline for filling remaining vacancies.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

WHEREAS, the city staff has contacted all boards and commissions members whose terms expire June 30, 2008, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2008 for three (3) year terms ending June 30, 2011:

Stuart Bergstein, Aviation Advisory Commission, pilot representative

Robert Granstra, Cable Access Advisory Commission, MCTV access user

Roy Green, Cable Access Advisory Commission, citizen at large

Charlotte Williams, Dial-A-Ride Advisory Commission, citizen at large

Marilyn Soules, Library Board, citizen at large

Sid Allen, Parks and Recreation Commission, citizen at large

Lois Berthiaume, Parks and Recreation Commission, citizen at large

Charles Martin, Parks and Recreation Commission, citizen at large

Scott Gaynor, Planning Commission, citizen at large

Gayle Hanna, Planning Commission, citizen at large

Carol Svenson, Planning Commission, citizen at large

Tim Lichtenwald, West Main Street Historic District Commission, Architect Representative

Richard Osburn, West Main Street Historic District Commission, citizen at large

John Higgins, Zoning Board of Appeals, citizen at large

Shawn Pnacek, Zoning Board of Appeals, citizen at large

Richard Siemer, Zoning Board of Appeals, citizen at large; and

RESOLVED FURTHER, that Douglas Hail is hereby reappointed as a citizen at large to the Board of Review effective May 1, 2008 for a three (3) year term ending April 30, 2011; and

RESOLVED FURTHER, that Norman Neher is hereby reappointed as the MPS representative to the Cable Access Advisory Commission for a term ending June 30, 2010; and

RESOLVED FURTHER, that Grish Chandra is hereby reappointed as a citizen at large to the Local Officers Compensation Commission for a seven (7) year term ending June 30, 2015; and

RESOLVED FURTHER, that city staff is directed to begin disseminating information regarding the remaining boards and commissions vacancies.  (Motion ADOPTED.)

 

FIREHOUSE CAR WASH EASEMENTS

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

 

RESOLVED, that the attached Easement Agreements from the D&B Family Limited Partnership and KKB & KPB LLC to the City of Midland, conveying permanent easements and rights-of-way for public water mains and storm water facilities on the Firehouse Car Wash site on Joe Mann Boulevard in Section 33, T. 15 N., R. 2 E., are hereby accepted and that the Easement Agreements are ordered recorded; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to sign said agreements on behalf of the City of Midland.  (Motion ADOPTED.)

 

NEW STREET INTO THE LOCAL STREET SYSTEM

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

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

            Commerce Drive                 from east end of existing street to Jefferson Avenue

            Fast Ice Drive                      from south end of existing street to Rockwell Drive

            Mammoth Pines Drive         from S. Line Winding Creek Sub. No. 2 to Winding Creek Court

            Powder Horn Trail                from N. Line Foxfire Sub. No. 1 to West End of street

            Winding Creek Court           from N. Line Winding Creek Sub. No. 2 to end of cul-de-sac

; and

WHEREAS, the centerline of Commerce Drive is described as:  Beginning at a Northeast Corner of Section 33, T. 15 N., R. 2 E.; thence South 89° 59’ 07” West 1393.03 feet, along the North line of said Section 33; thence along a 830.00 foot radius curve to the left having a central angle of 38° 50’ 45” and a long chord bearing and distance of South 70° 33’ 45” West 552.0 feet; thence along a 830 foot radius curve to the right having a central angle of 38° 51’ 59” and a long chord bearing and distance of South 70° 34’ 22” West 552.30 feet; thence North 89° 59’39” West 576.46 feet, to the end of existing Commerce Drive and the Point of Ending; and

WHEREAS, the centerline of Fast Ice Drive is described as:  Commencing at the Southeast Corner of Section 24, T.14 N., R. 2 E.; thence North 01° 43’ 40” East 780.11 feet, along the East Section Line to the Point of Beginning; thence North 89° 15’ 36” West 740.68 feet; thence along a 470.00 foot radius curve to the left having a central angle of 19° 47’ 34” and a long chord bearing and distance of South 80° 50’ 37” West 161.98 feet;  thence South 70° 56’ 50” West 58.31 feet; thence along a 530.00 foot radius curve to the right having a central angle of 39° 27’ 30” and a long chord bearing and distance of North 89° 19’ 25” West 357.82 feet; thence North 69° 35’ 40” West 60.88 feet; thence along a 470.00 foot radius curve to the left having a central angle of 19° 39’ 56” and a long chord bearing and distance of North 79° 25’ 38” West 160.53 feet; thence North 89° 15’ 36” West 63.31 feet; thence along a 230.00 foot radius curve to the right having a central angle of 90° 59’ 57” and a long chord bearing and distance of North 43° 45’ 37” West 328.10 feet; thence North 01° 44’ 21” East 495.19 feet, to the South end of existing Fast Ice Drive and the Point of Ending; and

WHEREAS, the centerline of Powder Horn Trail is described as:  Beginning at the intersection of the North line of Foxfire Subdivision No. 1 with the centerline of Powder Horn Trail; thence along a 80.00 foot radius curve to the left having a central angle of 23° 50’ 04” and a long chord bearing and distance of North 48° 30’ 12” West 33.04 feet; thence North 60° 25’ 14” West 457.72 feet, to the Point of Ending; and

WHEREAS, Mammoth Pines Drive and Winding Creek Court are in the recorded plat of Winding Creek Estates No. 2; and

WHEREAS, said streets were constructed and open to traffic prior to December 31, 2007; and

WHEREAS,  it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion ADOPTED.)

 

MDOT CONTRACTED TRAILBLAZER SIGNAGE – PATRICK ROAD

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

 

WHEREAS, a request has been submitted to the City of Midland by Michigan Logos, Inc. on behalf of the Michigan Department of Transportation (MDOT), to permit placement of directional guide, or trailblazer signs within the City right-of-way on Patrick Road between Swede Avenue and Saginaw Road; and

WHEREAS, MDOT will permit Michigan Logos, Inc. to install related trailblazer signage on State roadways to accommodate said request; and

WHEREAS, the requestor desires additional directional guide signs within City jurisdiction to further identify the destination routes; and

WHEREAS, the sign materials, locations, and installations will meet City and State requirements; and

WHEREAS, the installation of these directional guide signs serve public or civic interest; now therefore

RESOLVED, that City Council approves the placement of directional guide signs on Patrick Road in the best interest of the City.  (Motion ADOPTED.)

 

MDOT CONTRACTED TRAILBLAZER SIGNAGE – EASTMAN AVENUE

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

 

WHEREAS, a request has been submitted to the City of Midland by Michigan Logos, Inc. on behalf of the Michigan Department of Transportation (MDOT), to permit placement of directional guide, or trailblazer signs within the City right-of-way on Eastman Avenue between US-10 and Joe Mann Boulevard; and

WHEREAS, MDOT will permit Michigan Logos, Inc. to install related trailblazer signage on State roadways to accommodate said request; and

WHEREAS, the requestor desires additional directional guide signs within City jurisdiction to further identify the destination routes; and

WHEREAS, the sign materials, locations, and installations will meet City and State requirements; and

WHEREAS, the installation of these directional guide signs serve public or civic interest; now therefore

RESOLVED, that City Council approves the placement of directional guide signs on Eastman Avenue in the best interest of the City.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-08-01

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

                                               

RESOLVED, that Traffic Control Order No. S-08-01 filed January 21, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Allen Street shall stop for Reardon Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

DEMOCRATS -  REQUEST TO USE LAWN NEAR FARMERS MARKET

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

 

RESOLVED, that the request from the Midland County Democrats to use the lawn area outside of the Farmers Market area on Wednesdays and Saturdays from 8:00 a.m. – 12:00 noon during May through October, 2008 to promote democrat candidates, is hereby approved subject to the following conditions:

  • Pedestrian or vehicular vision must not be obstructed.
  • Under Section 16.17 of the city’s Code of Ordinances, it is unlawful to post handbills on or to any public or private structure, tree or pole in the city.  It is also unlawful to place handbills in or upon any vehicle.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

CHAD SCHIEBER MEMORIAL RUN

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

 

RESOLVED, that the request from 3 Disciplines Racing to hold the Chad Schieber Memorial Run on Saturday, October 18, 2008, beginning at 8:00 a.m. on Main Street at the entrance to Emerson Park, utilizing the public rights-of-way, is hereby approved subject to the following conditions:

  • Obtain special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Certificate Holder and Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five working days prior to the event.
  • The parks officially close on October 15 for the season, but there could still be a fair number of visitors to the park, so use of the park for this event will be non-exclusive.  The event must not impede other park users from entering the park.  There is a possibility that the restrooms would not be available if they need to be winterized early.
  • In case of an emergency, emergency vehicles might need to access areas on or near the route.  Should access be necessary, we ask that the participants move out of the way and let the vehicles proceed to the scene.
  • The final race route must be reviewed with the Engineering and Police Departments at least one month in advance and, if necessary, be revised per their recommendations.  The Department of Public Services will need a diagram or detailed description of where to place the barricades/traffic cones.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

GREAT LAKES LOONS – REQUEST TO HANG BANNERS

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

RESOLVED, that the request from the Great Lakes Loons to hang banners on the City light poles in the downtown district from April 1 through June 23, 2008, to advertise some of their special events, is hereby approved subject to the following conditions:

  • Final banner specifications must be provided to Bradd Maki, Assistant City Engineer, prior to installation for approval or comment.
  • Banner installation to be coordinated with the Assistant City Engineer.
  • The City may temporarily remove the banners to accommodate events or various other installations when determined.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

CREATIVE SPIRIT CENTER REQUEST  TO HOLD “THE TRAPEZE EXPERIENCE”

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

 

RESOLVED, that the request from the Creative Spirit Center to hold “The Trapeze Experience” in a grassy area near the Farmers Market on September 5 – 7, 2008, is hereby approved subject to the following conditions:

  • The “Trapeze Experience” company must provide Special Event Liability Insurance in the amount of $2,000,000 per occurrence, $5,000,000 aggregate, with the City of Midland named as an Additional Insured.  This certificate of insurance must be submitted to the City Manager’s Office no less than five working days prior to the event.
  • The Parks and Recreation Department, Utilities Department, and Consumers Energy must be contacted to coordinate the exact location of the event so that overhead lines, trees, underground utilities, etc. are not in the way or damaged.
  • The area must be cleaned up and restored to its original condition at the conclusion of the event.
  • Security must be provided during the entire time the event is not taking place and the equipment is not being manned.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

2008 PAVEMENT MARKING PROGRAM; CONTRACT NO. 16

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the annual pavement marking of major streets; and

WHEREAS, sufficient funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the sealed proposal submitted by P.K. Contracting, Inc. of Lake City, Michigan, for the "2008 Pavement Marking Program; Contract No. 16", in the indicated amount of $ 38,759.50, 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 the City Manager has the authority to approve change orders modifying this contract in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

2008 SUGNET ROAD RECONSTRUCTION AND WATER MAIN; CONTRACT NO. 2

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for reconstruction, resurfacing and installation of a new water main on Sugnet Road from Orchard Drive to Eastman Avenue; and

WHEREAS, funding for this project is provided by the Major Street Fund and Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Rohde Brothers Excavating, Inc. of Saginaw, Michigan, for the "2008 Sugnet Road Reconstruction and Water Main; Contract No. 2", in the indicated amount of $436,339.00, 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 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.)

 

2008 SURFACE TREATMENT AND CRACK SEALING PROGRAM; CONTRACT NO. 4

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack sealing of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal submitted by Highway Maintenance & Construction Company, Inc. of Romulus, Michigan for the "2008 Surface Treatment & Crack Sealing Program; Contract No. 4", in the indicated amount of $346,355.65 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 the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

PURCHASE – TWO GREENS MOWERS

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

 

WHEREAS, bids for grounds keeping equipment are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of two greens mowers is included in the 2007-08 Equipment Revolving Fund for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Spartan Distributors of Sparta, Michigan in the amount of $44,856.00 for the purchase of two Toro Greensmaster 3150 mowers, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

DOW CHEMICAL COMPANY – INDUSTRIAL DEVELOPMENT DISTRICT REQUEST

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

 

WHEREAS, The Dow Chemical Company by means of a letter dated March 10, 2008, which was received by the City Clerk on March 12, 2008, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on April 28, 2008 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk