December 8, 2008

 

A regular meeting of the City Council was held on Monday, December 8, 2008, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Adams presided.  Boy Scout Troop #787 – Church Of Jesus Christ Of Latter Day Saints led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, Maureen Donker, Hollis McKeag, Joseph Rokosz

Councilmen absent:

Bruce Johnson

 

MINUTES

Approval of the minutes of the November 17, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

KEZZIAH WATKINS BUDGET PRIORITIES REPORT

City Clerk / Community Relations Director Selina Tisdale introduced Tweed Kezziah and Susan Watkins, Principals with Kezziah Watkins who presented the results of the budget survey and budget roundtable discussions held with the community and city employees.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby receives and files the report on community and employee input on City of Midland budget priorities prepared and presented by Kezziah Watkins.  (Motion ADOPTED.)

 

EASTMAN AVENUE AND SAGINAW ROAD INTERSECTION GRANT APPLICATION

City Engineer Brian McManus introduced Terry Palmer who presented a report on the Michigan Department of Transportation grant application for intersection roundabout improvements at Eastman Avenue and Saginaw Road.  Dick McCreadie, a business owner at 601 S. Saginaw Road, spoke in opposition to the construction of a roundabout.  Larry Pillepich, 3602 McKeith Street, spoke in support of the roundabout concept.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the Michigan Department of Transportation (MDOT) desires to improve vehicular capacity and safety at the intersection of Eastman Avenue and Saginaw Road and desires to apply for a federal grant to perform said improvements; and

WHEREAS, MDOT made a presentation to City Council to discuss an intersection roundabout improvement option; and

WHEREAS, MDOT reviewed the public comments received regarding the proposed project; now therefore

RESOLVED, that City Council supports MDOT’s request to submit a grant application for an intersection roundabout improvement at Eastman Avenue and Saginaw Road; and

RESOLVED FURTHER, that should MDOT’s grant application be successful, additional public dialog will be forthcoming.  (Motion ADOPTED.  Yeas:  Adams, Donker, Rokosz  Nays: McKeag)

 

2009 CITIZENS ACADEMY REPORT

City Clerk / Community Relations Director Selina Tisdale presented a report on the 2009 Citizens Academy.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby receives and files the report on the 2009 Citizens Academy.   (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 32 – BRITTANY REAL ESTATE COMPANY

Planning and Community Development Director Keith Baker presented Conditional Use Permit No. 32 – a request from Brittany Real Estate Company, LLC for a 16,983 square foot building addition to an existing nursing home in a Residential B zoning district at 3615 E. Ashman Street on 10 acres.  A public hearing opened at 9:22 p.m.  Al Paas, DesRosiers Architects, representing the Petitioner, spoke regarding the project.  Bill Johnson, 3535 E. Ashman, stated he did not object to the project, but did object to the inclusion of the five foot sidewalk construction.  The hearing closed at 9:27 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, Brittany Real Estate Company, LLC submitted a request for a conditional use permit review and approval for the construction of a 16,983 square foot building addition to an existing nursing home in a Residential B Zoning District at 3615 East Ashman Street on 10 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 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. 32, in accord with documents provided and submitted at the meeting of November 17, 2008, 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.         The requirement for a five (5) foot wide public sidewalk along East Ashman Street shall be waived as a condition of this request.

8.         The under clearance for the canopy shall be a minimum 14 ft. high.

(Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 33 – MIDLAND COUNTY HABITAT FOR HUMANITY

Planning and Community Development Director Keith Baker presented Conditional Use Permit No. 33 – a request from Midland County Habitat for Humanity for the construction of a 988 square foot single family dwelling in a Residential B zoning district at 309 E. Grove Street.  A public hearing opened at 8:41 p.m.  Gary Jones, 712 Heathermoor, Executive Director of Habitat for Humanity, spoke in favor of the project.  The public hearing closed at 9:43 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, Midland County Habitat for Humanity submitted a request for a conditional use permit review and approval for the construction of a 988 square foot single family dwelling in a Residential B Zoning District at 309 East Grove Street; 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 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. 33, in accord with documents provided and submitted at the meeting of November 17, 2008.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

MIDLAND COUNTY HAZARD MITIGATION PLAN

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

 

WHEREAS, the City of Midland, Michigan has experienced disasters that have damaged commercial, residential and public properties; displaced citizens and businesses, closed streets and bridges, and threatened the health and safety of the general public; and

WHEREAS, Midland County has prepared a Hazard Mitigation Plan that outlines options to reduce overall damage and impact from natural hazards; and

WHEREAS, opportunities to review and comment on the Hazard Mitigation Plan have been provided to the public, and local, State and Federal agencies; now therefore

RESOLVED, the Midland County Hazard Mitigation Plan is hereby adopted as an official plan of the City of Midland, Michigan; and

RESOLVED FURTHER, the Fire Chief, Utilities Director, and the Deputy Director of Planning & Community Development are hereby appointed to the Hazard Mitigation Planning Committee that has been established as a permanent advisory body by the Midland County Board of Commissioners.  (Motion ADOPTED.)

 

2008 CONSTRUCTION PROGRESS REPORT

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

 

WHEREAS, the City Engineer reported the status of completion for projects in the 2008 Construction Program; now therefore 

RESOLVED, that City Council hereby receives and files the 2008 Construction Progress Report.  (Motion ADOPTED.)

 

REQUEST FOR WATER MAIN ON WALDO AVENUE – 2009 CONSTRUCTION PROGRAM

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

 

RESOLVED, that the attached petition received from David G. Rapanos for the installation of a water main on Waldo Avenue from Wheeler Street to north of US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2009 Construction Program.  (Motion ADOPTED.)

 

REQUEST FOR SANITARY SEWER ON DUBLIN – 2009 CONSTRUCTION PROGRAM

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

 

RESOLVED, that the attached petition received from Dan Wallace for the installation of a sanitary sewer on Dublin Avenue from 600 feet north of Countryside Drive to north of the Rail-Trail, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2009 Construction Program.  (Motion ADOPTED.)

 

REQUEST FOR SANITARY SEWER ON WALDO AVE – 2009 CONSTRUCTION PROGRAM

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

 

RESOLVED, that the attached petition received from David G. Rapanos for the installation of a sanitary sewer on Waldo Avenue from Wheeler Street to north of US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2009 Construction Program.  (Motion ADOPTED.)

 

REQUEST FOR PAVED TRAIL ON JEFFERSON – 2009 CONSTRUCTION PROGRAM

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

 

RESOLVED, that the attached petition received from the Non-Motorized Transportation Advisory Committee for the installation of a paved walkway along the east side of Jefferson Avenue from Soccer Drive to the credit union sidewalk, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2009 Construction Program.  (Motion ADOPTED.)

 

REQUEST FOR PAVED TRAIL THROUGH STRATFORD WOODS PARK – 2009 CONSTRUCTION PROGRAM

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

 

RESOLVED, that the attached petition received from the Non-Motorized Transportation Advisory Committee for the installation of a paved walkway through Stratford Woods Park from Patrick Road to Ashman Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2009 Construction Program.  (Motion ADOPTED.)

 

CENTRAL MICHIGAN MUTUAL AID RECIPROCAL LAW ENFORCEMENT AGRMT

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

 

WHEREAS, the City of Midland, through the Midland Police Department, accepts the premise of cooperation and communication with other law enforcement entities, and values the assistance of these entities in cases of emergency; and

WHEREAS, the participating agencies of the Central Michigan Mutual Aid Reciprocal Law Enforcement Agreement have adopted an interlocal agreement pursuant to Public Act No. 236 of 1967, MCL 123.811 et seq to set the rights and responsibilities of the participating law enforcement agencies; and

WHEREAS, the attached agreement has been approved by the other agencies enjoined in the agreement and their legal counsel; now therefore

RESOLVED, that the City of Midland agrees to become a formal member of the Central Michigan Mutual Aid Reciprocal Law Enforcement Agreement and reaffirms its commitment to collaborate with and assist our neighboring jurisdictions in emergency situations.  (Motion ADOPTED.)

 


HIH, INC. LIQUOR LICENSE

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

 

RESOLVED, that the request from H I H, INC. FOR A NEW RESORT ECONOMIC DEVELOPMENT B-HOTEL LICENSE ISSUED UNDER MCL 436.1531(4) WITH DANCE-ENTERTAINMENT PERMIT TO BE LOCATED AT 810 CINEMA, 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.)

 

DAMON’S LIQUOR LICENSE – TRANSFER (STEP 2)

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

 

RESOLVED, that the request to TRANSFER OWNERSHIP OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED AT 6801 EASTMAN, MIDLAND, MI  48640, MIDLAND COUNTY, FROM MIDBEST, L.L.C. TO BAYBEST RIBS, L.L.C. (STEP 2) be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

DAMON’S LIQUOR LICENSE – TRANSFER (STEP 3)

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

 

RESOLVED, that the request to TRANSFER OWNERSHIP OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED AT 6801 EASTMAN, MIDLAND, MI  48640, MIDLAND COUNTY, FROM BAYBEST RIBS, L.L.C. TO GABRAL HOSPITALITY, LLC (STEP 3) be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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 12,602 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $27,006.09 executed by the Purchasing Agent on November 11, 2008, is hereby approved.  (Motion ADOPTED.)

 


DIESEL FUEL PURCHASE

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 13,396 gallons of diesel fuel from Karbowski Oil of Bay City, Michigan for $24,426.27 executed by the Purchasing Agent on November 26, 2008, is hereby approved.  (Motion ADOPTED.)

 

INTERNET SERVICE PURCHASE

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

 

WHEREAS, the City requires increased internet bandwidth and reliability; and

WHEREAS, sufficient funding exists in account 636-8110-811.85.02, Communications/Telephone, in the 2008-09 Information Services Operations Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Mercury Network in the amount of $27,106.20 for the purchase of internet services.  (Motion ADOPTED.)

 

COMPUTER SOFTWARE AND HARDWARE PURCHASE

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

 

WHEREAS, the City requires computer software and network hardware; and

WHEREAS, sufficient funding exists in account 636-9120-912.97-40, Hardware/Software, in the 2008-09 Information Services Operations Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Yeo and Yeo Computer Consulting in the amount of $16,932 for the purchase of VMWare software and to NETech Corporation in the amount of $4,347.10 for the purchase of Cisco network hardware.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:45 p.m.

 

 

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            Selina Tisdale, City Clerk