December 15, 2008

 

A regular meeting of the City Council was held on Monday, December 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 (arrived at 7:27 p.m.)

 

MINUTES

Approval of the minutes of the December 8, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Sid Allen, President and CEO of the Midland Area Chamber of Commerce, introduced Jason Geer as the Director of Governmental Affairs, which is a newly created position at the Midland Area Chamber of Commerce.

 

Mayor Johnson arrived at 7:27 p.m.

 

COMPREHENSIVE ANNUAL FINANCIAL  AND SINGLE AUDIT REPORTS

David Keenan, Director of Fiscal Services, gave a brief overview of the Annual Independent Audit process and introduced Joe Heffernan and Jackson Richardson from the auditing firm of Plante & Moran to present the Comprehensive Annual Financial Report and Single Audit Report for the year ended June 30, 2008.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2008 is hereby received and ordered filed for public examination.  (Motion ADOPTED.)

 

TRI-CITY KIDS’ TRIATHLON

Jack Duso, Assistant City Manager, presented the request by Jen Coleman to hold the Tri-City Kids’ Triathlon at Plymouth Park.  Ms. Coleman spoke about the event.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

RESOLVED, that the request from Jen Coleman, Fibrous Dysplasia Board Member, to hold the Tri-City Kids’ Triathlon on Saturday, July 25, 2009, beginning at approximately 8:00 a.m., utilizing Plymouth Park and Pool and 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.
  • This event will require that the park and the pool be closed to the public and the organizers will be charged a fee of $50.00 per hour for use of the pool.  The Parks and Recreation Department will provide lifeguards at a fee of $10.00 per hour per lifeguard.
  • The organizers must provide volunteers to man the route in the park and on the public rights-of-way.
  • The final 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.
  • Midland Public Schools will need to be notified to make sure they have no planned events during this time frame that would need to be coordinated.
  • If promotion of the event is planned, organizers must be aware that 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.)

 

ENTRANCEWAY INITIATIVE TASK FORCE GRANT AWARD

Keith Baker, Director of Planning and Community Development, presented information on the grant received from the Midland Area Community Foundation Entranceway Initiative Task Force project fund and how it will be used to develop an overlay zoning district in the Downtown area.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the area between E. Indian and W. Buttles streets in the City of Midland is experiencing rapid change with the acquisition and assembly of property for redevelopment, the razing of numerous structures and the announcement of at least two new commercial developments in this area; and

WHEREAS, the City would like to plan for the long-term redevelopment of the area between E. Indian and W. Buttles streets by conducting a public process of developing a new set of zoning and land use regulations to guide growth and development in this area through the creation of an overlay zoning district based upon “Form Based Code” zoning principles that would seek to influence the physical form and aesthetics of all new development in the project area to fit appropriately in the existing fabric of the community between the city’s downtown and nearby residential areas; and

WHEREAS, the City has applied for and been awarded $36,000.00 from the Midland Area Community Foundation Entranceway Initiative Task Force project fund for the purpose of completing said overlay district zoning amendment; now therefore

RESOLVED, that the City Council hereby accepts the gift of $36,000.00 from the Midland Area Community Foundation Entranceway Initiative Task Force project fund for the purpose of developing an overlay zoning district to aid in redevelopment of the area between E. Indian Street and W. Buttles Street.  (Motion ADOPTED.)

 

LSL PLANNING, INC CONTRACT FOR OVERLAY DISTRICT ZONING AMENDMENT

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

 

WHEREAS, the City would like to plan for the long-term redevelopment of the area between E. Indian and W. Buttles streets by conducting a public process of developing a new set of zoning and land use regulations to guide growth and development in this area through the creation of an overlay zoning district based upon “Form Based Code” zoning principles that would seek to influence the physical form and aesthetics of all new development in the project area to fit appropriately in the existing fabric of the community between the city’s downtown and nearby residential areas; and

WHEREAS, LSL Planning Inc. of Royal Oak, Michigan was invited to submit a proposal to complete an overlay district for the City of Midland due to their expertise in “Form Based Code” zoning applications as well as their extensive knowledge and experience with the City of Midland having successfully completed the City of Midland Master Plan, Downtown Redevelopment Study and other local zoning and planning related projects; now therefore

RESOLVED, that the City Council hereby awards a contract to LSL Planning Inc. in the amount of $36,000 to complete said ordinance development process.  (Motion ADOPTED.)

 

CITY AND COUNTY JOINT BUILDING AUTHORITY AUDIT FOR YEAR ENDED 06/30/08

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

 

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2008 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

T. MOORE DRIVE, TED DOAN DRIVE AND ALAN OTT DRIVE – RIGHT-OF-WAY DEEDS

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

 

RESOLVED, that the attached Deeds from D & J Holding Company LLC and the Janet C. Carlsen Trust, to the City of Midland, for the right-of-way for T. Moore Drive, Ted Doan Drive and Alan Ott Drive, new streets lying north of Joe Mann Boulevard and west of Jefferson Avenue, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Warranty Deeds are ordered recorded; and

RESOLVED FURTHER, that said right-of-way shall be used for public street purposes. (Motion ADOPTED.)

 

DISCOVERY WAY – RIGHT-OF-WAY DEED AND EASEMENT

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

 

RESOLVED, that the attached Quitclaim Deed from The Dow Chemical Company to the City of Midland for part of the right-of-way for Discovery Way, a new east-west street running from Saginaw Road to Washington Street, in Section 22, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded; and

RESOLVED FURTHER, that said right-of-way shall be used for public street purposes; and

RESOLVED FURTHER, that the attached Easement Agreement between the City of Midland and The Dow Chemical Company, for existing utilities owned by The Dow Chemical Company and lying within the right-of-way for Discovery Way in Section 22, T. 14 N., R. 2 E., is hereby accepted and that the Mayor and City Clerk are authorized to sign said agreement and that it is ordered recorded. (Motion ADOPTED.)

 

ANNEXATION – 4594(A) E. WHEELER STREET

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

 

WHEREAS, the City of Midland is the owner of land described as follows, which is contiguous with the present boundary of the City of Midland:

BEGINNING AT THE WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, T14N R2E, MIDLAND TOWNSHIP, MIDLAND COUNTY, MICHIGAN; THENCE EAST 251.73 FEET ALONG THE NORTH LINE OF SAID SECTION 12; THENCE SOUTH 215 FEET PARALLEL TO THE WEST 1/8 LINE OF SAID SECTION 12; THENCE NORTHWESTERLY 251.93 FEET ALONG THE CENTER LINE OF DRAIN TO A POINT ON THE WEST 1/8 LINE TO SAID SECTION 12, WHICH IS LOCATED 207 FEET SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH 207 FEET TO THE PLACE OF BEGININNG.

; now therefore

RESOLVED, that the City of Midland approves the annexation of the described property pursuant to Sec. 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9}; and

RESOLVED FURTHER, that in accord with the provisions of said Act, the City Council of the City of Midland requests the Township Board of the Charter Township of Midland to take action to complete said annexation.  (Motion ADOPTED.)

 

ANNEXATION – 4594(B) E. WHEELER STREET

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

 

WHEREAS, the City of Midland is the owner of land described as follows, which is contiguous with the present boundary of the City of Midland:

COMMENCING 251.73 FEET EAST OF THE WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, T14N R2E; THENCE SOUTH 217 FEET; THENCE EAST 125 FEET; THENCE NORTH 217 FEET; THENCE WEST 125 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 12, T14N R2E. 

; now therefore

RESOLVED, that the City of Midland approves the annexation of the described property pursuant to Sec. 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9}; and

RESOLVED FURTHER, that in accord with the provisions of said Act, the City Council of the City of Midland requests the Township Board of the Charter Township of Midland to take action to complete said annexation.  (Motion ADOPTED.)

 

ANNEXATION – 4574 E. WHEELER STREET

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

 

WHEREAS, the City of Midland is the owner of land described as follows, which is contiguous with the present boundary of the City of Midland:

COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 12, T14N R2E, AND RUNNING THENCE SOUTH 230 FEET; THENCE WEST 140 FEET; THENCE NORTH 230 FEET; THEN EAST 140 FEET TO THE PLACE OF BEGININNG, BEING A PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ TOWNSHIP OF MIDLAND, COUNTY OF MIDLAND AND STATE OF MICHIGAN. 

; now therefore

RESOLVED, that the City of Midland approves the annexation of the described property pursuant to Sec. 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9}; and

RESOLVED FURTHER, that in accord with the provisions of said Act, the City Council of the City of Midland requests the Township Board of the Charter Township of Midland to take action to complete said annexation.  (Motion ADOPTED.)

 

BENNIGAN’S LIQUOR LICENSE TRANSFER

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, LOCATED AT 6603 EASTMAN, MIDLAND, MI  48640, MIDLAND COUNTY, FROM THE SWEET ONIION, INC. TO QUICK CASUAL CORPORATION be considered for approval.

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

 

STAMAS – DDA RESIGNATION

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

 

RESOLVED, that the resignation of Jim Stamas as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Stamas for his service on this important Board.  (Motion ADOPTED.)

 

PLAYGROUND EQUIPMENT PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of playground equipment, Bid No. 3136; and

WHEREAS, sufficient funds are included in the capital outlay / equipment budget in the Parks Fund for the purchase of the playground equipment; now therefore

RESOLVED, that the low bid meeting City specifications submitted by Miracle Recreation of Okemos, Michigan for the purchase of playground equipment is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Miracle Recreation in the amount of $36,699 in accord with this resolution, the proposal selected, and City specifications.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 08-5448 – US-10BR (EASTMAN AVE) WIDENING

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

 

WHEREAS, a proposed Contract No. 08-5448 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the widening of US-10BR (Eastman Avenue) within the City of Midland; and

WHEREAS, this project will take place on Eastman Avenue between Saginaw and Sugnet Roads and will include installation of a vehicle center turn lane and vegetated center island; and

WHEREAS, this project will require a City cost share and routine landscape maintenance following a two-year establishment period; and

WHEREAS, the total estimated cost of the project is $583,400, which is provided by Federal Aid funding in the amount of $525,100, State funding in the amount of $51,800 and City of Midland funding in the amount of $6,500; and

WHEREAS, City funding is available using the existing Major Street Fund; and

WHEREAS, the City of Midland supports having the described work completed; and

WHEREAS, this contract is subject to review and approval by the City Attorney; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 08-5448 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering related contracts in an aggregate amount not to exceed $10,000.  (Motion ADOPTED.)

 

BUXTON/MIDLAND AREA CHAMBER OF COMMERCE CONTRACT

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

 

WHEREAS, at its meeting on June 11, 2008, the Downtown Development Authority (DDA) approved entering into a partnership with the Midland Area Chamber of Commerce (Chamber) to hire the Buxton Company (Buxton) to prepare a retail market study for the community whereby the DDA was to pay $40,000 of the $70,000 cost of the study; and

WHEREAS, the DDA paid $20,000 to the Chamber at the commencement of the project, Buxton has completed their report and the Chamber has now invoiced the DDA for the balance of its share; and

WHEREAS, in compliance with the city’s purchasing policy, all expenditures over $20,000 to a single vendor require City Council approval; now therefore

RESOLVED, the Midland City Council approves and authorizes payment of the balance of the Buxton/Midland Area Chamber of Commerce contract invoice in the amount of $20,000.  (Motion ADOPTED.)

 

MEDICARE PART D SUBSIDY APPLICATION SERVICES

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

 

WHEREAS, City staff has determined that efficiencies are achieved through professional administration of the Medicare Part D Prescription Drug Program subsidy application process; and

WHEREAS, staff relies on the expertise of Part D Advisors in this matter; and

WHEREAS, subsidy payments from Medicare are deposited into the Health Insurance Internal Service Fund and payments are paid accordingly from the same fund; now therefore

RESOLVED, that administration of the Medicare Part D subsidy application process is hereby determined to qualify as a professional service within the meaning of Section 2-19 of the Midland Code of Ordinances and does not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order not to exceed $75,000 to Part D Advisors of Plymouth, Michigan.  (Motion ADOPTED.)

 

FERRIC CHLORIDE PURCHASE

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

 

WHEREAS, the City of Midland Water and Wastewater Treatment Plants, along with the West Bay County Wastewater and Bay City Wastewater Treatment Plants, jointly purchase Ferric Chloride (FeCl3) and other chemicals via the Saginaw Valley Cooperative Purchasing Group in order to achieve the lowest possible price; and

WHEREAS, bids received through the purchasing group on December 3, 2008 for the contract of Treatment Chemicals - Ferric Chloride, for a period of six months beginning January 1, 2009, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for the purchase of Ferric Chloride is available in Water Fund Inventory Account #591-0000-091.13-30 and in Wastewater Fund Inventory Account #590-0000-091.13-30; now therefore

RESOLVED, that the lone sealed proposal submitted by PVS Technologies of Detroit, Michigan for the indicated price per ton of $603.00 for up to 250 tons (125 each for the Water and Wastewater Treatment Plants), at a total aggregate contract amount not to exceed $150,750.00, for a period of six months beginning January 1, 2009, is hereby accepted and purchase orders are authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve increases to the purchase orders in aggregate amounts not to exceed $5,000.00.  (Motion ADOPTED.)

 

ROAD GRAVEL HAUL FOR LANDFILL

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

 

WHEREAS, the City Landfill uses road gravel for maintenance and construction of access roads around the site and landfill disposal areas; and

WHEREAS, the current low bid price of delivered 22A crushed limestone is $12.75 per ton and is expected to increase in January 2009; and

WHEREAS, this past fall the Landfill purchased road gravel through an administratively approved purchase order of $10,506.00; and

WHEREAS, staff requests the purchase of an additional 2,000 tons at a cost of $25,500.00, bringing the total purchase order to $36,006.00 for current and near future needs; and

WHEREAS, funding for road gravel is available in the 2008/09 Landfill accounts #517-8110-811.93-42 – Grounds Maintenance and #517-9120-912.97-15 – Land Improvements; now therefore

RESOLVED, that an increase of $25,500.00 to the existing purchase order of $10,506.00 to Bay Aggregates, Inc. of Bay City, bringing the total purchase order to $36,006.00, for the delivery of road gravel is hereby authorized.  (Motion ADOPTED.)

 

ZONING PETITION NO. 556

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 25, 2008 for property located at 404, 408 and 414 Townsend Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, 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 Monday, January 12, 2009, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 26, 2008 and to publish said notice on December 27, 2008.

ORDINANCE NO. ______

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 DOWNTOWN ZONING WHERE AN OFFICE SERVICE 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:

SW ½ OF LOTS 5 & 6 BLK 55 CARPENTERS DIV

NE ½ OF LOTS 5 & 6 BLK 55 CARPENTERS DIV

LOTS 3 & 4 BLK 55 CARPENTERS DIV

Be, and the same is hereby changed to Downtown.

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.  (Motion ADOPTED.  Considered first reading.)

 

PROPOSED 2008-09 GENERAL FUND BUDGET AMENDMENT

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

 

WHEREAS, unanticipated revenue in the amount of $95,895 has been awarded from  FEMA’s 2008 Assistance to Fire Fighters Grant Program for the purpose of purchasing needed fire fighting equipment, training and station improvements at the City of Midland Fire Department; and

WHEREAS, it is the Fire Department’s intent to use said funds toward the cost of purchasing fire fighting equipment, training and station improvements; now therefore

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, January 12, 2009, in the Council Chambers of City Hall on the proposal to amend the 2008-09 General Fund budget in order to increase Federal Grant Revenues by $95,895 and to increase appropriations for Fire Department Capital Outlay by $95,895.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:10 p.m.

 

 

______________________________________

            John E. Duso, Deputy City Clerk