September 15, 2008
A
regular meeting of the City Council was held on Monday, September 15, 2008, at
7:00 p.m. in the Council Chambers of City Hall.
Mayor Pro Tem Adams presided. The
Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Thomas Adams, Maureen Donker, Hollis McKeag,
Joseph Rokosz |
|
Councilmen
absent: |
Bruce
Johnson |
Approval
of the minutes of the September 8, 2008 regular meeting was offered by
Councilman McKeag and seconded by Councilman Donker. (Motion ADOPTED.)
Communications
Coordinator Libby Richart introduced Shirley Russell, Constitution Week Chair
for the John Alden Chapter of the Daughters of the American Revolution. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Donker:
RESOLVED,
that the Mayor Pro Tem is authorized to issue the attached proclamation
designating the week of September 17 - 23, 2008, as Constitution Week in
Midland. (Motion ADOPTED.) Mayor Pro Tem Adams presented Shirley Russell
with the proclamation.
Midland
Fire Chief Leonardo Garcia presented information on Fire Prevention Week. The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that the Mayor Pro Tem is authorized to issue the
attached proclamation designating the week of October 5 - 11, 2008, as FIRE
PREVENTION WEEK in Midland. (Motion
ADOPTED.) Mayor Pro Tem Adams presented Chief Garcia with the proclamation.
Assistant
City Manager Jack Duso introduced Bill Moneypenny, CEO of MidMichigan
Innovation Center. Executive Director of
the MidMichigan Innovation Center Brent Case also spoke. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Donker:
RESOLVED, that the presentation given by Bill
Moneypenny, CEO of MidMichigan Innovation Center, is hereby accepted and
ordered placed on file in the Office of the City Clerk. (Motion ADOPTED.)
Planning
and Community Development Director Keith Baker introduced Zoning Petition No.
553 – Rapanos Enterprices – to rezone property at 102 Fast
Ice Drive from Agricultural and Regional Commercial to Limited Commercial,
Manufacturing and Research (LCMR) zoning district. A public hearing opened at 7:44 p.m. Alex Irigoyen, 3717 Woodlawn, spoke on behalf
of the petitioner. The hearing closed at
7:49 p.m. The following ordinance
amendment was then offered by Councilman McKeag and seconded by Councilman
Rokosz:
ORDINANCE NO. 1666
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 A
LIMITED COMMERCIAL, MANUFACTURING RESEARCH ZONING WHERE AN AGRICULTURAL AND
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:
PART OF THE SOUTHEAST ¼ OF SECTION 24, T14N, R2E, CITY OF MIDLAND,
MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS COMMENCING AT THE
SOUTHEAST CORNER OF SAID SECTION 24; THENCE N 01D 43M 40S E, 820.13 FEET, ALONG
THE EAST LINE OF SAID SECTION 24 TO THE POINT OF BEGINNING; THENCE N 89D 15M
36S W, 183.10 FEET; THENCE S 85D 01M 25S W, 100.39 FEET; THENCE N 89D 15M 36S
W, 50.23 FEET; THENCE N 01D 43M 40S E, 732.66 FEET, ON A LINE WHICH IS PARALLEL
WITH AND 333.00 FEET, MEASURED AT RIGHT ANGLES, WEST OF THE EAST LINE OF SAID
SECTION 24; THENCE S 89D 15M 36S E, 333.05 FEET TO THE EAST LINE OF SAID
SECTION 24; THENCE S 01D 43M 40S W, 722.66 FEET, ALONG SAID SECTION LINE, TO
THE POINT OF BEGINNING, CONTAINING 5.55 ACRES, MORE OR LESS, AND SUBJECT TO ANY
AND ALL EASEMENTS AND/OR RIGHT-OF-WAY WHETHER USED, IMPLIED OR OF RECORD.
Be, and the same is hereby changed to Limited Commercial, Manufacturing
Research.
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.)
No
public comments were made.
Planning
and Community Development Director Keith Baker presented Site Plan No. 285 –
Columbia Pipe & Supply – for a 49,752 square foot building located at 102
Fast Ice Drive on 5.55 acres. Pete
Lorenz, Lorenz Engineering of Weidman, spoke regarding engineering related to
the project. The following resolution
was then offered by Councilman McKeag and seconded by Councilman Donker:
WHEREAS, the City Council has received
the recommendation of the City
WHEREAS, the City Council has reviewed
the proposed Site Plan No. 285 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. 285, 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.
7. ADA sidewalk ramp on Fast Ice Drive.
8. Widen Rockwell Drive to 16.5 ft. at entrance
drive.
9. That the requirement for public sidewalk be
waived until deemed necessary in the future or upon the installation of curb
and gutter along the Rockwell Drive frontage.
10. Adoption of Zoning Petition No. 553 by the City
Council.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, the City Council has received
the recommendation of the City
WHEREAS, the City Council has reviewed
the proposed Site Plan No. 286 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. 286, contingent upon the following:
1. The stormwater detention and
conveyance systems are designed and constructed in accordance with Engineering
Department specifications and standards.
2. All landscaping shall comply
with Article 6 of the Zoning Ordinance.
a. Additional screening shall be provided on the north side of the
property per Section 6.02 (E).
b. All mechanical equipment shall be screened in accordance with
Section 6.02(E)2.
3. The dumpster shall be screened
in accordance with Section 3.15 of the Zoning Ordinance. Dumpster screening
details shall be provided.
4. All exterior lighting shall
comply with Section 3.12 of the Zoning Ordinance.
5. All exterior signage shall
comply with Article 8 of the Zoning Ordinance.
6. All parking spaces shall comply
with Section 5.01(D) of the Zoning Ordinance and shall be delineated by the
“box” style striping.
7. “No Parking” signs shall be
installed along the north side fire lane.
8. Five foot wide, concrete public
sidewalks shall be installed along the entire east side of the parcel within
the road right of way.
9. Public easement shall be
created to maintain the public water and sanitary sewer mains.
10. Total building square footage needs to be
labeled on future site plan drawings.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that regular meetings of the Midland
January 12 and 26 February
16 and 23
March 9 and 23 April
13 and 27
May 11 and 18 June 8 and 22
July 13 and 27 August
10 and 24
September 14 and 21 October 5
and 19
November 9 and 23 December
7 and 21
;and
RESOLVED
FURTHER, that the City Clerk be and is hereby directed to cause a public notice
of the foregoing regular dates and times for meetings and the place at which
meetings are to be held by publishing a notice once in the Midland Daily News,
a newspaper of general circulation in the City of Midland; and
RESOLVED
FURTHER, that public notice of each special meeting of each rescheduled regular
or special meeting listing the date, time and place of each meeting shall be given
by prominently posting a copy of the notice at the Midland City Hall at least
twenty-four (24) hours prior to the time of such special or rescheduled
meeting; and
RESOLVED
FURTHER, that proposed minutes of a meeting will be available for public inspection
during regular business hours, at the office of the City Clerk in the City
Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8)
business days after said meeting and approved minutes of said meeting will be
available for public inspection during regular business hours at the same
location not more than five (5) business days after the meeting at which they
are approved. (Motion ADOPTED.)
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 12,501 gallons of diesel fuel from Hirschman Oil
of Reese, Michigan for $42,240.88 executed by the Purchasing Agent on September
4, 2008, is hereby approved. (Motion ADOPTED.)
Assistant
City Engineer Bradd Maki presented Contract No. 13 for the 2008 Goldenwood and
Hedgewood Street Closures. Lola Hess,
5105 Amberwood Court, inquired about the removal of the speed tables. The following resolution was then 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 construction of a cul-de-sac at the east end of
Goldenwood Drive and one at the north end of Hedgewood Drive; and
WHEREAS, funding for this project is provided by Special Assessments;
and
WHEREAS, bid prices received for asphalt pavement were excessively high
and that part of the work is being removed from the award of the construction
contract; now therefore
RESOLVED,
that the amended low sealed proposal submitted by Sova & Sons Contracting,
Inc. of Midland, Michigan, for the "2008 Goldenwood and Hedgewood Street
Closures; Contract No. 13", in the amended amount of $34,878.70, 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.)
Department
of Public Services Director Karen Murphy presented a contract for Fleet
Management Consultant Services from Mercury Associates, Inc. The following resolution was then offered by
Councilman Donker and seconded by Councilman Rokosz:
WHEREAS, staff is recommending a detailed review of the Equipment
Revolving Fund and garage operations; and
WHEREAS, Mercury Associates, Inc. of Gaithersburg, Maryland is a
dedicated fleet management consultant firm that is a selected vendor on the
federal government’s GSA contract; and
WHEREAS, the City of Midland is authorized to make purchases from the
GSA contract; and
WHEREAS, sufficient funding for a comprehensive fleet management review
is included in the 2008-09 Equipment Revolving Fund budget; now therefore
RESOLVED,
that the proposal from Mercury Associates, Inc. for fleet management consultant
services is accepted and the Purchasing Agent is authorized to issue a purchase
order in the amount of $27,500 for this project, all in accordance with the
federal government’s GSA contract pricing and specifications. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the cost of diesel fuel and unleaded gasoline at the Golf Course will exceed
the original purchase order limit of $20,000; and
WHEREAS,
sufficient funds are included in the Operating Supplies / Gas & Oil line
item in the FY08/09 Golf Course budget and the total amount of payments will
not exceed the funding; now therefore
RESOLVED,
that the Purchasing Agent is authorized to increase the existing purchase
order #27330 to Foster Oil Company
of Richmond, Michigan up to the amount of $40,300 for the payment of diesel
fuel and unleaded gasoline provided to the Golf Course. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the cost of chemicals and fertilizers at the Golf Course will exceed the
original purchase order limit of $20,000; and
WHEREAS,
sufficient funds are included in the Maintenance Supplies / Horticulture
Supplies line item in the FY08/09 Golf Course budget and the total amount of
payments will not exceed the funding; now therefore
RESOLVED,
that the Purchasing Agent is authorized to increase the existing purchase
order #27895 to Turfgrass, Inc. of
South Lyon, Michigan up to the amount of $50,000 for the payment of chemicals
and fertilizers provided to the Golf Course.
(Motion ADOPTED.)
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., Monday, October 13, 2008, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, and Storm Water Management Fund for the 2008-2009 fiscal year and to amend the financial working plans of the Civic Arena Fund, Landfill Fund, Washington Woods Fund, Riverside Place Fund, Wastewater Fund, Water Fund, Information Services - Operations Fund, Geographical Information Systems Fund, and Equipment Revolving Fund for the 2008-2009 fiscal year in order to provide funding for June 30, 2008 encumbrances. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED, that in
accordance with Section 11.6 of the Charter of the City of Midland, a public
hearing shall be conducted at 7:00 p.m., Monday, October 13, 2008, in the
Council Chambers of City Hall on the proposal to amend the 2008-09 General Fund
budget to increase appropriations by $1,512,379 to provide funding to the Debt
Service Fund to pay the 2008-09 debt service requirements for the 2008 judgment
bonds, and to amend the 2008-09 Debt Service Fund budget to receive said
funding from the General Fund, and expend it for the required principal and
interest payments relating to the 2008 judgment bonds. (Motion ADOPTED.)
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., Monday, October 13, 2008, in
the Council Chambers of City Hall on the proposal to amend the 2008-2009
Downtown Development Authority budget to appropriate $130,832.00 from the “fund
balance” to tax roll adjustment expenditures, in order to refund MVCC Limited
Partnership for taxes, administration fees, and interest in accordance with the
July 9, 2008 final decision by the Michigan Tax Tribunal. (Motion ADOPTED.)
Being
no further business the meeting adjourned at 8:30 p.m.
______________________________________
Selina
Tisdale, City