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 |
Approval
of the minutes of the November 17, 2008 regular meeting was offered by
Councilman McKeag and seconded by Councilman Donker. (Motion ADOPTED.)
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.)
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)
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.)
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
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.)
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
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.)
No
public comments were made.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
It is the consensus of this
legislative body that the application be:
Recommended for issuance. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
It is the consensus of this
legislative body that the application be:
Recommended for issuance. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
It is the consensus of this
legislative body that the application be:
Recommended for issuance. (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
12,602 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.)
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.)
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.)
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.
______________________________________
Selina
Tisdale, City