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 |
Approval
of the minutes of the July 13, 2009 regular meeting was offered by Councilman
McKeag and seconded by Councilman Adams.
(Motion ADOPTED.)
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.)
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.)
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.)
No
public comments were made.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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
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.)
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.)
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
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
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, 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