July 27, 2009

 

A regular meeting of the City Council was held on Monday, July 27, 2009, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the July 13, 2009 regular meeting was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

2009-10 GRACE A. DOW MEMORIAL LIBRARY BUDGET AMENDMENT

Grace A. Dow Memorial Library Director Melissa Barnard introduced an amendment to the 2009-10 Grace A. Dow Memorial Library fund budget to recognize revenues and expenditures from the Friends of the Library donation.  A public hearing opened at 7:05 p.m., recognizing no public comments, the hearing closed at 7:05 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, City Council approved a resolution on Monday, July 13, 2009 to accept the donation from the Board of Directors of the Friends of the Grace A. Dow Memorial Library to the Grace A. Dow Memorial Library to fund special projects; and

WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, July 27, 2009 on a proposal to amend the 2009-2010 Grace A. Dow Memorial Library Fund Budget to recognize unanticipated revenues of $23,500 and to appropriate funds for special projects; now therefore

RESOLVED, that the 2009-2010 Grace A. Dow Memorial Library Fund Budget is hereby amended to increase both revenues and expenditures by $23,500 to recognize unanticipated revenues from contributions and to appropriate funds for special projects.  (Motion ADOPTED.)

 

2009-10 DIAL-A-RIDE BUDGET AMENDMENT

Department of Public Services Director Karen Murphy introduced an amendment to the 2009-10 Dial-A-Ride Fund budget to recognize additional revenues from Federal and State grants and provide additional appropriations for the purchase of three new buses and presented a resolution authorizing the purchase of three buses through the State of Michigan’s Extended Purchasing Program.  A public hearing opened at 7:08 p.m.  David Waite, 6030 Emerson Court, spoke regarding city consideration of adding bike racks to Dial-A-Ride buses so persons riding on the bus can take their bikes along.  The public hearing closed at 7:09 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, in accord with Section 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, July 27, 2009, on the proposal to amend the 2009-10 budget of Dial-A-Ride to recognize additional revenues from Federal and State grants and provide additional appropriations for the purchase of three buses; now therefore

RESOLVED, that the 2009-10 budget of the Dial-A-Ride Fund is amended to increase revenue by $14,166 to be received from Federal and State grants and increase expenditures by $14,166 for the purchase of three Dial-A-Ride buses.  (Motion ADOPTED.)

 

PURCHASE OF THREE DIAL-A-RIDE BUSES

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

 

WHEREAS, the City of Midland requested replacement of three buses in the Dial-A-Ride fleet under the Section 5309 Federal Capital Grant Program through the State of Michigan; and

WHEREAS, the State of Michigan Department of Transportation has approved said request and has acquired the necessary funding for the purchase of these replacement buses; and

WHEREAS, sufficient funding for the purchase of the buses is included in the FY 2009-10 Dial-A-Ride budget for Capital Outlay, Vehicles along with the corresponding revenue from the Section 5309 capital grants; now therefore

RESOLVED, that the purchase of the buses through the State of Michigan Extended Purchasing Program is hereby authorized; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Hoekstra Transportation, Inc. of Grand Rapids, Michigan in the amount of $213,489.40 for the purchase of three 8+2 passenger cutaway buses, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications; and

RESOLVED FURTHER, that after the new replacement buses are put into service, the old buses shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for Dial-A-Ride operational expenses.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

CIVIC ARENA FEES ORDINANCE AMENDMENT

Assistant City Manager Jack Duso presented for second reading an ordinance amending the Civic Arena fees. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. 1683

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

(1)

Individual Ice Skater – Adult

$    5.00

per session

(2)

Individual Ice Skater – Youth & Senior

$    4.00

per session

(3)

Skating Pass (20 admissions) – Adult

$  85.00

per pass

(4)

Skating Pass (20 admissions) – Youth & Senior

$  70.00

per pass

(5)

Skate Rental

$    3.00

per session

(6)

Rink Rental

$220.00

per hour

(7)

Rink Rental (M-F, 12:00 a.m. – 3:00 p.m.)

$175.00

per hour

(8)

Summer Rink Rental

$220.00

per hour

(9)

Skate Sharpening

 

   Hockey

$    5.00

   Figure/Goalie

$    6.00

 

   New/Rusty/Poor Condition

$    8.00

 

(10)

Drop-In Program

 

 

 

   Hockey (Noon)

$    8.00

 

 

   Hockey (Prime)

$  10.00

 

 

   Speed Skating

$  12.00

 

 

   Figure Skating

$  12.00

 

(11)

Conference Room Rental

$  15.00

per hour

(12)

Birthday/Skating Parties

 

 

 

   5-9 People

$  11.00

per person

 

   10-19 People

$  10.00

per person

 

   20-30 People

$    9.00

per person

Exception:  The Civic Arena Manager is authorized with the approval of the City Manager to reduce ice rental rates on a discretionary basis for the purpose of marketing additional ice rental.

Section 2.        This Ordinance shall take effect on September 1, 2009.  (Ordinance ADOPTED.)

 

NON-MOTORIZED TRANSPORTATION IMPROVEMENT PLAN

Planning and Community Development Director Keith Baker presented a resolution formally accepting the Non-Motorized Transportation Advisory Committee’s Presentation and adopting the 2009 City of Midland Non-Motorized Transportation Improvement Plan.  Wendell Dilling, 1810 Norwood Drive, member of the Non-Motorized Transportation Advisory Committee, spoke regarding the need to use a small portion of street construction funds to enhance non-motorized transportation opportunities.  Dan Hein, 412 W. Chapel Lane, spoke regarding traffic and the coexistence of bikes and motorized traffic.  David Waite, 6030 Emerson Court, committee member, spoke regarding funding sources for non-motorized transportation.  Jim Crissman, 2887 E. Oakhaven Court, spoke regarding obesity in children and how our communities should encourage designs that are more conducive to exercise and active lifestyles.  Joyce Halstead, 521 N. Clyde Road, spoke in favor of adopting the plan not only for health purposes but to slow global warming.  Josh Stevens, 5320 Siebert Street, spoke regarding the need for driver and cyclist education and enforcement to be a key part of this plan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City of Midland Non-Motorized Transportation Advisory Committee was formed to investigate and recommend alternatives to facilitate increased awareness, use and improvement of the city’s non-motorized transportation facilities including bike lanes, sidewalks and multipurpose paths; and

WHEREAS, the committee has worked for the past year researching various laws as they relate to pedestrians and bicyclists, evaluating travel routes within the community and investigating potential capital improvements to the city’s non-motorized transportation infrastructure; and

WHEREAS, the committee has drafted the 2009 City of Midland Non-Motorized Transportation Improvement Plan for review and consideration by the Midland Planning Commission and City Council to accomplish goals related to improving non-motorized transportation alternatives within the City of Midland; and

WHEREAS, at its meeting on June 9, 2009, the City of Midland Planning Commission, after having conducted a public hearing and a series of meetings on the plan, unanimously recommended adoption of the plan to the Midland City Council; now therefore

RESOLVED, the City of Midland City Council hereby endorses and adopts the 2009 City of Midland Non-Motorized Transportation Improvement Plan as presented.  (Motion ADOPTED.)

 

CURBSIDE RECYCLING CONTRACT RENEGOTIATION UPDATE

Department of Public Services Director Karen Murphy presented a staff report updating City Council on the curbside recycling contract renegotiations.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the City Council hereby receives and files the staff report, dated July 21, 2009, that provides an update on the curbside recycling contract renegotiation.  (Motion ADOPTED.)

 

BOARD OF REVIEW – SCHROEDER RESIGNATION

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

 

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

 

AVIATION ADVISORY COMMISSION APPOINTMENTS

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

 

RESOLVED, that Jackson Hallett is hereby appointed as a pilot representative to the Aviation Advisory Commission for a term ending June 30, 2011 and Ray Senesac is appointed as a citizen-at-large member of the Aviation Advisory Commission for a term ending June 30, 2012.  (Motion ADOPTED.)

 

PLANNING COMMISSION APPOINTMENT

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

 

RESOLVED, that James Stewart is hereby appointed as a citizen-at-large member of the Planning Commission to complete a term which expires June 30, 2011.  (Motion ADOPTED.)

 

DDA – CONFIRMATION OF CLINE APPOINTMENT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Daniel J. Cline to the Downtown Development Authority to fill an unexpired term to expire May 1, 2013.  (Motion ADOPTED.)

 

HUMANE SOCIETY OF MIDLAND COUNTY

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

 

RESOLVED, that the request from Humane Society of Midland County of             Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-09-03

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

 

RESOLVED, that Traffic Control Order No. P-09-03 filed May 11, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on E. Saint Andrews 50 feet from the intersection of Washington Street; and

That the portion of Traffic Control Order P-72-02 restricting parking on E. Saint Andrews Road approaching Washington Street shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

 

LIBRARY AUTOMATION SERVICES

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

 

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; and

WHEREAS, funding is available in the 2009/2010 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2009/2010 requirements for online automation services, including membership, staff training, system upgrades, and records database maintenance for the automated acquisition, catalog, and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $95,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

LIBRARY ELECTRONIC ONLINE SERVICES AND TRAINING

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

 

WHEREAS, the Michigan Library Consortium is the sole vendor of group licensing of selected electronic online services and staff training not available through other organizations; and

WHEREAS, funding is available in the 2009/2010 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and staff training from the Michigan Library Consortium is hereby approved in an amount not to exceed $50,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

WASTEWATER TREATMENT MASONRY REPAIRS

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

 

WHEREAS, in September 2008, Stantec Consulting of Michigan completed a report entitled “Wastewater Treatment Plant – Concrete Repairs” for the City of Midland for the purpose of identifying and reviewing miscellaneous concrete and masonry deterioration at various structures throughout the Wastewater Treatment Plant; and

WHEREAS, phase I repairs of deteriorated concrete and drainage improvements around the pump house structure were made this past spring; and

WHEREAS, phase II includes masonry repairs to the equalization basin, flow split building, primary treatment building, oxidation ditch, and tunnel interior and exterior, as well as the replacement of handrails throughout these structures; and

WHEREAS, on July 14, 2009 bids were opened for Masonry Repairs at the Wastewater Treatment Plant – Phase II, Bid No. 3196; and

WHEREAS, the Wastewater engineering consultants, Stantec Consulting of Michigan and Wastewater staff have reviewed the bids and recommend that the low bid from Graham Construction of Saginaw in the amount of $372,704.88 be accepted; and

WHEREAS, funding for this work is budgeted in project WW0901 – Concrete Repairs; now therefore

RESOLVED, that the low bid received from Graham Construction in the amount of $372,704.88 for repairs of deteriorated concrete and handrails to the Wastewater Treatment Plant’s equalization basin, flow split building, primary treatment building, oxidation ditch, and tunnel (interior and exterior) is hereby accepted and a purchase order in that amount is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

WATER TREATMENT PLANT JANITORIAL SERVICES

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

 

WHEREAS, the Water Treatment Plant (WTP) has over 100,000 square feet of floor space that is cleaned and maintained, including open and treatment areas of the plant, office spaces, the laboratory, shop area, locker rooms, and restrooms; and

WHEREAS, for the past 15 years WTP staff have been pleased with the reliability, commitment, and cost-effective service that the Arnold Center of Midland special needs employees have provided, and would like to continue that business relationship; and

WHEREAS, the new rate requested is $2,308.27 per month for a total annual cost of $27,699.24, which represents a 2.9% increase over the prior year; and

WHEREAS, funds are available for said purpose in the 2009/10 Water Fund account #591-8272-821.93-04 – Janitorial Service; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the service agreement with the Arnold Center of Midland for janitorial services at the City of Midland Water Treatment Plant, with a total annual amount not to exceed $27,699.24, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland.  (Motion ADOPTED.)

 

2009 CHERRY AND MICHIGAN WATER MAIN REPLACEMENT; CONTRACT NO. 10

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of the water mains on Cherry Street from Michigan Street to Bayliss Street and on Michigan Street from Eastlawn Drive to Walnut Street; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2009 Cherry and Michigan Water Main Replacement; Contract No. 10", in the indicated amount of $121,384.00, 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.)

 


MDOT CONTRACT NO. 2009-0585 – BARSTOW AIRPORT SNOW REMOVAL EQUIPMENT

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

 

WHEREAS, Michigan Department of Transportation (MDOT) Contract No. 2009-0585 is between federal, state, and local jurisdictions related to funding for the purchase of new snow removal equipment, SRE, at the Jack Barstow Municipal Airport; and

WHEREAS, the total estimated cost for the SRE tractor and related attachments is $157,895, of which a grant from the Federal Aviation Administration along with State contributions is providing 97.5%, or $153,947, and City contributions providing 2.5%, or $3,948; and

WHEREAS, the SRE tractor will be purchased under State Contract pricing with estimated costs totaling $100,000, and related SRE attachments will be purchased using standard city purchasing procedures and utilizing estimated remaining contract funds of $57,895; and 

WHEREAS, related expenses were anticipated in the City budget using approved capital, grant fund expense accounts and contributed fund expense accounts; and 

WHEREAS, this purchase is intended to reduce expenses and airport subsidy; and

WHEREAS, the City of Midland desires to have said equipment for the airport; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2009-0585 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland, following final approval by the City Attorney; and

RESOLVED FURTHER, that the City Council hereby gives authority to the City Manager for both executing the purchase of all related SRE attachments and altering the City cost share of this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

ZONING PETITION NO. 562

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, July 14, 2009 for property located at 1605 Austin 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, August 24, 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 August 7, 2009 and to publish said notice on August 8, 2009.

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 AN INDUSTRIAL B ZONING WHERE A 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:

BEGINNING AT THE NORTHWEST INTERSECTION OF THE WEST LINE OF SOUTH SAGINAW ROAD AND THE NORTH LINE OF AUSTIN STREET, THENCE NORTHWESTERLY ALONG SOUTH SAGINAW ROAD, 501.05’, WEST 350’, SOUTH TO NORTH LINE OF AUSTIN STREET; EAST ALONG SAID LINE TO POINT OF BEGINNING.

Be, and the same is hereby changed to Industrial B.

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.)

 

Being no further business the meeting adjourned at 8:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk