March 14, 2011

 

A regular meeting of the City Council was held on Monday, March 14, 2011, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce Johnson

Councilmen absent:

Marty Wazbinski

 

MINUTES

Approval of the minutes of the February 28, 2011 special and regular meetings was offered by Councilman Brooks and seconded by Councilman Adams. (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2011 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented information on the 2011 Sidewalk Improvement Program. Greg Groninger, Colony Drive, was concerned with spending on sidewalks with limited budgets and referenced the Green Communities Plan. The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

Charles Street (both sides) from Sam Steet to end of street

Dublin Avenue (west side) from Plumtree Lane to Countryside Drive

Dublin Avenue (east side) from Countryside Drive to Rail-Trail

Pfeiffer Court (south side) from Perrine Road to end of street

Sam Street (both sides) from Bay City Road to end of street

Wheeler Street (south side) from Russell Street to Bristol Court Walkway

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion ADOPTED.)

 

SHOPPING AREA REDEVELOPMENT DISTRICT

Executive Director of the Downtown Development Authority Selina Tisdale presented information on a special assessment district under the Shopping Area Redevelopment Act (SARA) in the Downtown Shopping Area Redevelopment District. The following resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications and diagrams) on the request for the establishment of the 2011-12 and 2012-13 Special Assessment District for the Shopping Area Redevelopment District. (Motion ADOPTED.)

 

2010 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP ANNUAL REPORT

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2010 Annual Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)

 

DART COORDINATOR & FEDERAL AND STATE FINANCIAL ASSISTANCE

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

 

WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2012 and, therefore, it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted to the State of Michigan a proposed balanced budget of approximately $1,793,218 for Dial-A-Ride operations in 2011/2012 with the intent to apply for an estimated $665,643 in state operating assistance funds; an estimated $286,915 in federal 49 USC 5311 operating assistance funds; and an estimated $840,660 from fare box fees and local general fund support to balance the budget for state fiscal year 2012; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51 and the City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet. (Motion ADOPTED.)

 

PERCEPTIONS SAGINAW VALLEY NON-PROFIT ORGANIZATION STATUS

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

 

RESOLVED, that the request from Saginaw Valley GLBT Group (DBA Perceptions Saginaw Valley) 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.)

 

MICHIGAN JAZZ TRAIL FESTIVAL

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

 

RESOLVED, that the request from the Midland Downtown Business Association and the Michigan Jazz Trail Board to host the 2nd annual Michigan Jazz Trail Festival on Saturday, June 25, 2011, in and around the Farmers Market area, utilizing amplified sound, is hereby approved subject to the following conditions:

  • Organizers must contact Fire Marshal Chris Coughlin (837-3413) for tent permits and to review their site plan.
  • Organizers must meet with Bart Heil, Parks Supervisor (837-6914) at least one week in advance to determine locations for the tents.
  • Sponsor of the beer tent must provide proof that they are properly licensed, liability insurance in the amount of $1,000,000, and they must provide restricted access for the sale of beer. The certificate of liability insurance must be submitted to the City Managers Office no less than five days prior to the event.
  • Organizers are responsible for putting up and taking down the white fencing.
  • Organizers must have someone in charge of moving the barricades for emergency access.
  • Community Special Event sign procedures must be followed. Contact Brian McManus, City Engineer, at 837-3353, with any questions regarding placement of the signs.
  • Signs shall be placed outside of required clear vision corners and should not obstruct the vision of motorists.
  • Signs shall be removed at the conclusion of the event.
  • Signs placed within the MDOT right-of-way will require their approval.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

 

SOS ANIMAL RESCUE FUNDRAISING EVENT

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

 

RESOLVED, that the request from Joann Taylor, President, SOS Animal Rescue, to hold a geocaching fundraising event on Saturday, July 23, 2011, utilizing the City Forest and charging an entry fee, is hereby approved with the condition that use of the City Forest is non-exclusive; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

 

RESORT B-HOTEL LICENSED BUSINESS TRANSFER 111 W. MAIN

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

 

RESOLVED, That the request from MVCC LIMITED PARTNERSHIP (A DELAWARE LIMITED PARTNERSHIP) TO TRANSFER INTEREST IN 2010 RESORT B-HOTEL LICENSED BUSINESS ISSUED UNDER MCL 436.1531(4) WITH DANCE-ENTERTAINMENT PERMIT, LOCATD AT 111 W MAIN, MIDLAND, MI 48640, MIDLAND COUNTY, BY DROPPING ACQUEST REALTY ADVISORS, INC. AS GENERAL PARTNER THROUGH TRANSFER OF ITS 1% INTEREST TO NEW GENERAL PARTNER, H HOTEL HOLDING LLC be considered for approval.

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

 

2011 TRIDGE STAINING

The following resolution was offered by Councilman Brooks 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 staining of the wood and painting of the steel members of the Tridge; and

WHEREAS, funding for this project is provided by a donation from the Midland Area Community Foundation; now therefore

RESOLVED, that the low sealed proposal submitted by Thermico, Inc. of Midland, Michigan, for the "2011 Tridge Staining; Bid No. 3312", in the indicated amount of $48,880.00, 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.)

 

2011 JOE MANN BOULEVARD RECONSTRUCTION

The following resolution was offered by Councilman Brooks 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 reconstruction and resurfacing of Joe Mann Boulevard from Eastman Avenue to Cinema Drive; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2011 Joe Mann Boulevard Reconstruction; Contract No. 1", in the indicated amount of $218,621.75, 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.)

 

2011 PAVEMENT MARKING PROGRAM

The following resolution was offered by Councilman Brooks 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 annual pavement marking of major streets; and

WHEREAS, sufficient funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the sealed proposal submitted by P.K. Contracting, for the "2011 Pavement Marking Program; Contract No. 16", in the indicated amount of $44,545.00, 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 this contract in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:45 p.m.

 

 

______________________________________

Selina Tisdale, City Clerk