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.) |
Approval
of the minutes of the December 8, 2008 regular meeting was offered by
Councilman McKeag and seconded by Councilman Donker. (Motion ADOPTED.)
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.
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.)
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:
;and
RESOLVED
FURTHER, that the
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.)
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.)
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
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.)
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.)
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.)
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.)
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.)
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:
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.)
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.)
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.)
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.)
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.)
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.)
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, a public hearing was held by
the
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.)
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
WHEREAS,
it is the
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
Being
no further business the meeting adjourned at 8:10 p.m.
______________________________________
John E.
Duso, Deputy City