July 14, 2008

 

A regular meeting of the City Council was held on Monday, July 14, 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 June 23, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

2007 LAW ENFORCEMENT OFFICER OF THE YEAR

Assistant City Manager Jack Duso introduced Patrol Officer Dawn Mayer who received the 2007 Law Enforcement Officer of the Year award.  The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the City Council hereby recognizes Midland City Police Officer Dawn Mayer as the Midland Exchange Club recipient of the 2007 Carl & Esther Gerstacker Law Enforcement Officer of the Year.  (Motion ADOPTED.)

 

ENGINEER’S REPORT – PROPOSED GOLDENWOOD DRIVE STREET CLOSURE

City Engineer Brian McManus presented an Engineer’s Report regarding the impacts of closing Goldenwood Drive and a resolution accepting the report and setting a public hearing on the proposed closure.  Lola Hess, 5105 Amberwood Court, spoke regarding neighborhood concerns about this street and the desire for the street closure.  Karen Grohol, 5108 Goldenwood, expressed concerns regarding the safety of the roadway as it currently exists.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, a policy to review requests to close Local Streets was adopted by City Council on July 24, 2006; and

WHEREAS, a petition to close Goldenwood Drive, submitted in accordance with said  policy, was received by City Council on May 19, 2008 and was forwarded to the City Engineer to develop a report regarding the feasibility and impacts of closing the street; and

WHEREAS, the acceptance of said petition establishes that the street closure project warrants further consideration by City Council and initiates the special assessment process in accordance with Section 20 of the Code of Ordinances; and

WHEREAS, a report has been received from the City Engineer presenting the findings with regard to the impacts of closing Goldenwood Drive; and

WHEREAS, the City Engineer’s report indicates that a street closure is feasible while causing  minimal delays in response times for emergency and city services and causing the shift of low volumes of traffic to neighboring streets; and

WHEREAS, the City Engineer’s report indicates that the closure will involve installing two cul-de-sacs and related work at a cost of $56,000 to be paid for by the  property owners of Amberwood Subdivision; and

WHEREAS, the City Engineer’s report is in compliance with Section 20 of the Midland Code of Ordinances and satisfies the requirements to publish a notice of public hearing; and

WHEREAS, the public hearing of necessity notice will be sent to those affected by the street closure and will include, as a minimum, residents and property owners of Amberwood Court, Goldenwood Drive, Universal Drive, Hedgewood Drive, Stephanie Street, Candace Drive, Woodland Place Apartments, and Northwind Forest Apartments; and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the City Council finds that the request to close Goldenwood Drive  meets the necessary criteria to move the request forward to the public Hearing of Necessity stage; and

RESOLVED FURTHER, that the proposed improvement and work shall consist of constructing two cul-de-sacs, and the total estimated cost and expense thereof is fifty-six thousand dollars ($56,000); and

RESOLVED FURTHER, that the cost and expense of said street closure shall be borne by special assessments on all lands and premises in said Special Assessment District that includes 29 lots within Amberwood Subdivision on an equal per unit basis as determined by the City Assessor; and

RESOLVED FURTHER, that the City Engineer’s report  concerning said street closure  is hereby received and shall be placed on file in the office of the City Clerk and at the Grace A. Dow Memorial Library, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the Midland City Hall on Monday, August 11, 2008 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed street closure.  (Motion ADOPTED.)

 

ZONING PETITION NO. 552

Planning and Community Development Director Keith Baker presented Zoning Petition No. 552, a request to rezone property at 4916, 4920 and 5000 N. Saginaw Road from Regional Commercial to Office Service zoning.  Pat Wilson, Director of Senior Services for the Council on Aging, responded to Council questions.  A public hearing opened at 8:17 p.m., recognizing no public comments, the hearing closed at 8:17 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1663

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 TO PROVIDE AN OFFICE SERVICE ZONING WHERE A REGIONAL COMMERCIAL ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Lots 14, 15 and 16 Hedgewood Sub No. 1.

Be, and the same is hereby changed to Office Service.

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.  (Ordinance ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 147A

Planning and Community Development Director Keith Baker presented Zoning Text Amendment No. 147A, a request to increase the allowable wall signage in the “C” circle zoning district from 40 sq. ft. to 100 sq. ft. David Ginis representing the Circle Area Business Association, spoke in support of the zoning text amendment.  A public hearing opened at 8:32 p.m.  Speaking in support of the zoning text amendment were George Swaney, Amish Reflections; Mark Smith, Smith’s Flowers; and Judy Seaman, The Paper Place.  The public hearing closed at 8:36 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1664

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 ORDINANCE BY INCREASING THE ALLOWABLE WALL SIGNAGE FROM 40 SQUARE FEET TO 100 SQUARE FEET IN THE “C” CIRCLE ZONING DISTRICT. 

The City of Midland Ordains:

Section 1.  That Table 8.2 – On-Premise Advertising Standards of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

“C” Circle Zoning District Maximum Wall Signage 100 square feet.

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.  (Ordinance ADOPTED.)

 

BUDGET AMENDMENT – MCV REFUND

Fiscal Services Director David Keenan presented an amendment to the 2008-09 General Fund, Major Street Fund, and Debt Service Budgets to account for the bond issue proceeds, the subsequent tax refund payment to MCV, and the 2008-09 debt service costs relating to the bonds.   A public hearing opened at 8:45 p.m., recognizing no public comments, the hearing closed at 8:45 p.m.  The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, in accordance with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on July 14, 2008 on the proposal to amend the General Fund’s 2008-09 budget to include the receipt of $17,677,757 in Tax Limited General Obligation Judgment Bond issue proceeds, the related bond issue costs of $121,743, and the subsequent tax refund payment of $34,139,227 to the Midland Cogeneration Venture (MCV) as ordered by the Consent Judgment from the Michigan Tax Tribunal dated April 18, 2008 as final resolution of the tax appeal for the tax years 2001 through 2007; now, therefore

RESOLVED, that the General Fund’s 2008-09 budget be amended to include the receipt of $17,677,757 in Tax Limited General Obligation Judgment Bond issue proceeds, the related bond issue costs of $121,743, and the subsequent tax refund payment of $34,139,227 to the Midland Cogeneration Venture (MCV) as ordered by the Consent Judgment from the Michigan Tax Tribunal dated April 18, 2008 as final resolution of the tax appeal for the tax years 2001 through 2007.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Ziggy and Stephanie Kozicki, 27 Burrell Court, spoke regarding sidewalk and pathways being obstructed from public use by brush, tree limbs and snow.

 

SITE PLAN NO. 282 – MIDMICHIGAN MEDICAL CENTER

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 282, the request of MidMichigan Medical Center for a 101,410 square foot building located at 4005 Orchard Drive on 33.06 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 282 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. 282, contingent upon the following:

1.   The stormwater detention system is designed and constructed in accordance with the City of             Midland Engineering Department specifications.

2.   All landscaping shall comply with Article 6 of the Zoning Ordinance including the addition of 12 trees and 46 shrubs.

3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance including the submission of a photometric plan for the new parking lot expansion.

4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

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

(Motion ADOPTED.)

 

SITE PLAN NO. 283 – MIDLAND EQUITIES, LLC

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 283, the request of Midland Equities, LLC for a 44,100 square foot building located at 215 Fast Ice Drive on 11.64 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 283 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. 283, contingent upon the following:

1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

6.   The location, access and flow of the proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

(Motion ADOPTED.)

 

BROADHEAD ESTATES SUBDIVISION NO. 1 – SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from John Rapanos, proprietor of Broadhead 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 sidewalks within Broadhead Estates Subdivision No. 1 until October 10, 2009.  (Motion ADOPTED.)

 

BROADHEAD ESTATES SUBDIVISION NO. 2 – SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from John Rapanos, proprietor of Broadhead 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 sidewalks within Broadhead Estates Subdivision No. 2 until July 25, 2009.  (Motion ADOPTED.)

 

SCENIC ESTATES SUBDIVISION NO. 6 – SIDEWALK TIME EXTENSION

Planning and Community Development Director Keith Baker presented a request for a two-year extension of time for the completion of sidewalks in Scenic Estates Subdivision No. 6.  The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, a written request has been received from John Rapanos, proprietor of Scenic Estates Subdivision No. 6 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 sidewalks within Scenic Estates Subdivision No. 6 until December 18, 2009, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer equal to the estimated cost for installation of the remaining sidewalk, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by July 25, 2008, the City Council authorizes staff to proceed with having all of the remaining sidewalk in Scenic Estates No. 6 installed this construction season at the petitioner’s expense.  (Motion ADOPTED.  Yeas:  Adams, McKeag, Rokosz   Nays:  Donker, Johnson)

 

COUNTRYSIDE ESTATES SUBDIVISION NO. 2 – SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from Keith Schroeder, President of Schroeder Builders, Inc., proprietor of Countryside 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 sidewalks within Countryside Estates Subdivision No. 2 until February 13, 2010 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer equal to the estimated cost for installation of the remaining sidewalk, 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 July 25, 2008, the City Council authorizes staff to utilize the existing financial guarantee on file to install all remaining sidewalk in Countryside Estates Subdivision No. 2.  (Motion ADOPTED.)

 

DOW CORNING IFT CERT #2006-097 REVISION

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

 

WHEREAS, pursuant to Rule 54(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more than 10% of the estimated amount on the application, a certificate holder shall request that the local governmental unit approve the revised cost; and

WHEREAS, Dow Corning Corporation was issued Industrial Facilities Tax Exemption Certificate No. 2006-097 which has a real property component of $31,493 and a personal property component of $4,468,507; and

WHEREAS, Dow Corning now knows the final cost of this project and that some of the assets originally classified as personal property were in fact real property; and

WHEREAS, Dow Corning has requested the City Council approve a change in the real and personal property components of Industrial Facilities Tax Exemption Certificate No. 2006-097; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by Dow Corning to increase the real property component of Industrial Facilities Tax Exemption Certificate No. 2006-097 from $31,493 to $66,493 and decrease the personal property component from $4,468,507 to $4,433,507; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a revised certificate to Dow Corning based on the revised real and personal property cost.  (Motion ADOPTED.)

 

DOW CORNING IFT CERT #2006-445

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

 

WHEREAS, pursuant to Rule 54(1) of the Administrative Rules of the State Tax Commission, if the final cost of a project will be greater by more than 10% of the estimated amount on the application, a certificate holder shall request that the local governmental unit approve the revised cost; and

WHEREAS, Dow Corning Corporation was issued Industrial Facilities Tax Exemption Certificate No. 2006-445 which has a real property component of $45,000 and a personal property component of $1,239,500; and

WHEREAS, Dow Corning now knows the final cost of this project and that some of the assets originally classified as personal property were in fact real property; and

WHEREAS, Dow Corning has requested the City Council approve a change in the real and personal property components of Industrial Facilities Tax Exemption Certificate No. 2006-445; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by Dow Corning to increase the real property component of Industrial Facilities Tax Exemption Certificate No. 2006-445 from $45,000 to $182,000 and decrease the personal property component from $1,239,500 to $1,102,500; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to issue a revised certificate to Dow Corning based on the revised real and personal property cost.  (Motion ADOPTED.)

 

CURRIE GOLF COURSE LIQUOR LICENSE

Assistant City Manager Jack Duso presented a recommendation for a new resort economic development Class C liquor license to be located at 1300 Currie Parkway.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the request from CITY OF MIDLAND for a New Resort Economic Development Class C License issued under MCL 436.1531(4) with Entertainment Permit to be located at 1300 Currie Parkway, Midland, MI  48640, Midland County be considered for approval.

It is the consensus of this legislative body that the application be: recommended for issuance.  (Motion ADOPTED.  Yeas:  Donker, Johnson, McKeag, Rokosz   Nays:  Adams)

 

CIRCLE SIDEWALK SALE DAYS

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

 

RESOLVED, that the request from Debra Miller, Chair, Special Events Committee of the Circle Business Association, to hold Sidewalk Sale Days throughout the Circle district from July 24 – 26, 2008, utilizing the public right-of-way, and to place ground signs in each quadrant of the Circle to guide customers to the event and canopy tents in front of some businesses, is hereby approved subject to the following conditions:

  • Pedestrian or vehicular vision must not be obstructed.  A five-foot barrier free pedestrian access must be maintained during the event.
  • Special event sign procedures must be followed.  Daryl Poprave, Deputy Director of Planning and Community Development, can assist if necessary, and can be reached at 837-3377.
  • The area adjacent to any door used for egress from a building shall be kept clear of obstructions.  The immediate areas adjacent to fire hydrants (three foot radius) and building fire department sprinkler/standpipe connections shall be kept clear.  Fire Marshal Chris Coughlin can be contacted at 837-3413 regarding tent permits.
  • 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.)

 

HUMANE SOCIETY REQUEST TO USE AREA NEAR FARMERS MARKET

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

 

RESOLVED, that the request from the Humane Society of Midland County to use the lawn area outside of the Farmers Market area during the hours of the Farmers Market and Tunes by the Tridge for the remainder of the 2008 season to inform the public about themselves and their goals and to distribute fliers, is hereby approved subject to the following conditions:

  • Pedestrian or vehicular vision must not be obstructed.
  • Distribution of fliers cannot occur in the street.
  • 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.)

 

2008 DARTMOOR, VALORIE AND BALDWIN STREET RECONSTRUCTION

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of all of Dartmoor Place and Baldwin Street, and Valorie Lane from Sturgeon Avenue to St. Marys Drive; and

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

RESOLVED, that the low sealed proposal submitted by McGuirk Sand & Gravel, Inc. of Mt. Pleasant, Michigan, for the "2008 Dartmoor, Valorie and Baldwin Street Reconstruction; Contract No. 8", in the indicated amount of $185.922.90, 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.)

 

WASHINGTON WOODS EAST ROOF REPLACEMENT - REMOVED

 

DIESEL FUEL PURCHASE FROM JUNE 27, 2008

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

 

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 City 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 whereby 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 13,398 gallons of diesel fuel from C. F. Fick & Sons of Grayling, Michigan for $52,828.31 executed by the Purchasing Agent on June 27, 2008, is hereby approved.  (Motion ADOPTED.)

 

LANDFILL – EXCAVATOR LEASE

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

 

WHEREAS, the Landfill is currently at the end of its three-year lease of a Hyundai R290LC-7 hydraulic track excavator, and the Landfill has continued need for an excavator to load trucks, dig out frozen roll-off dumpsters, stockpile daily cover sand and contaminated soils, excavate waste, manage concrete and asphalt rubble stockpiles, and maintain storm drainage on-site; and

WHEREAS, through the cooperative State of Michigan bid process, which includes a 32% discount, staff has solidified an annual lease price of $36,696.24 for a three-year lease ($110,088.72 total lease) of a John Deere 240D hydraulic track excavator from the JDE Equipment Company (JDE), of Traverse City; and

WHEREAS, staff has examined the specifications and believes the John Deere 240D excavator unit offered by JDE to be suitable for the Landfill’s intended purposes; and

WHEREAS, the 2008/09 Landfill budget contains the necessary funding for first year lease payment of $36,696.24 in account #517-8110-811.94-11 - Equipment Rental, while funding for subsequent fiscal years will be requested in those budgets; now therefore

RESOLVED, that the low compliant bid obtained from the cooperative State of Michigan bid process from JDE Equipment Company, of Traverse City in the amount of $36,696.24 per year for a three-year lease ($110,088.72 total lease) of one John Deere 240D hydraulic track excavator at the City of Midland Landfill is accepted, and a purchase order for annual lease payments is hereby authorized. (Motion ADOPTED.)

 

WATER TREATMENT PLANT JANITORIAL SERVICES

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

 

WHEREAS, the Water Treatment Plant (WTP) has over 100,000 square feet of floor space that is cleaned and maintained, including open and treatment areas of the plant, office spaces, the laboratory, shop area, locker rooms, and restrooms; and

WHEREAS, for the past 14 years WTP staff have been pleased with the reliability, commitment, and cost-effective service that the Arnold Center of Midland special needs employees have provided, and would like to continue that business relationship; and

WHEREAS, the new rate requested is $2,243.22 per month for a total annual cost of $26,918.64, representing a 2.9% increase over the prior year; and

WHEREAS, funds are available for said purpose in the 2008/09 Water Fund account #591-8272-821.93-04 – Repairs & Maintenance / Janitorial Service; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and a purchase order is authorized for the Arnold Center of Midland in an amount not to exceed $26,918.64.  (Motion ADOPTED.)

 

MANHOLE REHABILITATION

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

 

WHEREAS, during manhole data collection as part of the City’s Global Information System (GIS) implementation, staff identified numerous manholes throughout the City and downtown area that are in need of rehabilitation; and

WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, in August 2004, Advanced Underground Inspections, LLC of Detroit was awarded the bid to provide for the reconstruction of sanitary manholes at specified unit prices, and has agreed to extend the unit costs to provide the necessary work to rehabilitate approximately 65 identified sanitary manholes in the downtown area of the City; and

WHEREAS, funding for the rehabilitation work is available in the 2008/09 Wastewater fund account #590-9120-912.97-65 – Capital Construction Projects; now therefore

RESOLVED, that a purchase order is authorized in an amount of $100,000.00 to Advanced Underground Inspections, LLC, based on previously bid unit costs, are hereby accepted for the rehabilitation of approximately 65 sanitary manholes; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 30

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

 

WHEREAS, Joan Dukarski submitted a request for a conditional use permit review and approval for a group child day care in a Residential A-1 Zoning District at 809 East Sugnet Road on 0.25 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 August 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 July 25, 2008 and to publish said notice on July 26, 2008.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 31

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

 

WHEREAS, Midland Country Club submitted a request for a conditional use permit review and approval for the construction of a new clubhouse and pool in a Residential A-1 Zoning District at 1120 West St. Andrews Road on 116.14 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 August 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 July 25, 2008 and to publish said notice on July 26, 2008.  (Motion ADOPTED.)

 

PROPOSED 2008-09 LANDFILL BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, August 11, 2008, in the Council Chambers of City Hall on the proposal to amend the 2008/09 Landfill Fund budget to increase appropriations by $50,000.00 from working capital for the purchase of real property at 4594 East Wheeler Road.  (Motion ADOPTED.)

 

FREEDOM OF INFORMATION ACT APPEAL

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

 

WHEREAS, on May 28, 2008 a Freedom of Information Act request was submitted to the City Clerk; and

WHEREAS, on June 3, 2008 the Freedom of Information Act request was granted, in part, and denied, in part, by the City Attorney; and

WHEREAS, on July 10, 2008 the Freedom of Information Act denial appeal was received by the City Clerk’s office; now therefore

RESOLVED, that in accordance with the Freedom of Information Act, the City Council hereby acknowledges receipt of and files the Freedom of Information Act denial appeal and shall schedule the appeal to be placed on the agenda for the regularly scheduled City Council meeting on July 21, 2008. (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:25 p.m.

 

 

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            Selina Tisdale, City Clerk