February 15, 2010

 

A regular meeting of the City Council was held on Monday, February 15, 2010, 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, Maureen Donker, Scott Gaynor, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the January 16, 2010 special and January 25, 2010 regular meetings was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

WALK FOR WARMTH DAY

Communications Coordinator Libby Richart introduced Sharron Such, member of the MidMichigan Community Action Agency and Walk for Warmth Committee. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 27, 2010 as Walk for Warmth Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Sharron Such with the proclamation.

 

PUBLIC COMMENTS

No public comments were made.

 

PARKING FEES ORDINANCE AMENDMENT

City Treasurer Dana Strayer presented information on an ordinance to amend Article X of Chapter 21, to include an annual fee amount of $250.00 per space for open lot parking spaces in the downtown area.  The following ordinance amending Article X – Parking Fees was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

ORDINANCE NO. 1690

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING ARTICLE X OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Article X of Chapter 21 is hereby amended to read as follows:

ARTICLE X.  PARKING FEES.

Sec. 21-153.1 Parking meter rates.

Fees charged for parking at meters within the City of Midland shall be:

One-half (1/2) hour ……………………………………….                   $0.10

One hour ………………………………………………….                      0.20

SEC. 21-153.2  LEASED PARKING SPACES

Fee charged for an open lot leased space within the City of Midland shall be:

Annual fee …………………………………………………          $250.00

The annual fee may be prorated on a minimum six month basis as specified in the lease permit.

Section 2.        This ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

REFUSE AND YARD WASTE COLLECTION FEE ORDINANCE  AMENDMENTS

Department of Public Services Director Karen Murphy presented information on an ordinance amendment to eliminate Section 21-3 of Article I of Chapter 21 – Refuse Collection Fees and amend Section 21-4 of Article I of Chapter 21 – Yard Waste Collection Fees.  Paul Nguyen, 2113 N. Celena Drive, inquired about the financial ramification of these changes to the city.  Henry Holthof, 3113 Shreeve Street, expressed his concerns regarding the rate structure unnecessarily penalizing those who use multiple bins and inquired about the benefit of the three free weeks.

 

REFUSE COLLECTION FEES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amending Section 21-3 – Refuse Collection Fees was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-3 OF ARTICLE I OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-3 of Article I of Chapter 21 as follows, is hereby eliminated from the ordinance:

Sec. 21-3. Refuse collection fees.

            (a)        Commercial container rental. The quarterly charge for four-yard commercial refuse containers provided by the city shall be thirty dollars ($30.00).

            (b)        Commercial container collection fees. A charge of fifteen dollars ($15.00) shall be levied to the renter of a single four-yard commercial container each time it is emptied by the city. One (1) collection of refuse weekly up to one (1) four-cubic-yard commercial container shall be provided without charge.

            (c)        Multifamily commercial container collection fees. A charge of fifteen dollars ($15.00) shall be levied to the renter of a single four-yard commercial container each time it is emptied by the city. One (1) collection of refuse weekly up to one (1) four-cubic-yard commercial container shall be provided for each forty (40) dwelling units in the complex without charge.

            (d)        Noncontainer collection fees. A charge of fifteen dollars ($15.00) shall be levied for each collection of refuse from those not using commercial containers up to four (4) cubic yards. One (1) collection each week shall be provided without charge. Noncontainer collection service for commercial establishments and multifamily complexes will be provided only with the approval of the director of public services.

            (e)        Refuse billing administration. Billing for commercial container refuse service provided shall be done quarterly. A penalty of two (2) percent of the bill, with a minimum of five dollars ($5.00) and a maximum of two hundred dollars ($200.00), shall be added for bills not paid to the city treasurer within thirty (30) days of the date of billing. Service shall be discontinued if the bill remains unpaid for more than sixty (60) days of the date of billing.

            (f)        High-volume commercial refuse customers. Six-yard commercial containers may be available for use for customers requesting forty (40) or more dumps per week. These containers may only be used with the approval of the director of public services. The fees for container rental shall be thirty-five dollars ($35.00) per quarter and collection fees shall be twenty dollars ($20.00) per dump.

Section 2.        Elimination of the Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

YARD WASTE COLLECTION FEES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amending Section 21-4 – Yard Waste Collection Fees was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-4 OF ARTICLE I OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-4 of Article I of Chapter 21 is amended to read as follows:

Sec. 21-4. Yard waste collection fees.

            (a)        Roll-out container. An annual total fee of twenty-five dollars ($25.00) THIRTY-FIVE DOLLARS ($35.00) shall be charged to the owners or occupants of each premises requesting city collection of yard waste contained in the owners' or occupants' roll-out yard waste container(s).

An annual total fee of twenty-five dollars ($25.00) shall be charged to the owners or occupants of each premises requesting city collection of yard waste contained in the owners' or occupants' roll-out yard waste container(s) AS FOLLOWS:

THIRTY-FIVE DOLLARS ($35.00) FOR THE FIRST ROLL-OUT CONTAINER

FIFTEEN DOLLARS ($15.00) FOR EACH ADDITIONAL ROLL-OUT CONTAINER

This fee must be paid to the city prior to the beginning of the city's collection service. 

            (b)        Kraft paper yard waste bag collection sticker. A yard waste collection sticker must be affixed to each individual kraft paper yard waste bag that is placed at the curb for collection by the city. The fee for each yard waste collection sticker shall be twenty-five cents ($0.25) THIRTY-FIVE CENTS ($0.35).

IF RESIDENTS WITH A ROLL-OUT CONTAINER CHOOSE TO SET ADDITIONAL YARD WASTE OUT IN KRAFT PAPER BAGS, THEY MUST ALSO AFFIX A $0.35 COLLECTION STICKER TO EACH BAG. 

            (c)        Waiver. Yard waste collection fees (whether for containers or yard waste bags) shall be waived during the three-week spring and fall cleanup periods, as such periods are designated by the director of public services. Notwithstanding the foregoing, yard waste collection fees may be waived during the fall leaf collection program upon approval by the city council THE CITY MANAGER.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ZONING PETITION NO. 563

Planning and Community Development Director Keith Baker presented Zoning Petition No. 563 Earl D. Bennett Construction – to conditionally rezone property at 204 Commerce Drive from Larkin Township to Residential B zoning classification.  Councilman Gaynor moved, seconded by Councilman Johnson, to place the ordinance amendment back on the table.  Marilyn Zank, 3879 E. Morel Court, presented a petition opposing the zoning petition signed by 55 property owners in the area surrounding the zoning petition site.  Speaking in opposition to the zoning petition were:  John Bartos, 2095 N. Jefferson Road; Len Servinski, 2674 N. Eastman Road; Nathan Jeppson, 3994 E. Morel Court; Ryan Gastson, 3919 E. Pine Hollow Drive; William Reeves, 3983 E. Morel Court; Corey Walker, 2112 N. Rolling Ridge Drive; Stan Bainor, 2115 Rolling Ridge Drive; Jason Humphrey, 2310 N. Old Pine Trail; Paul Nguyen, 2113 N. Celena Drive.  Speaking in favor of the zoning petition was Sheila Mesler, Bennett Development.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Gaynor: 

 

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 FOR A RESIDENTIAL B CONDITIONAL ZONING DISTRICT CLASSIFICATION WHERE A LARKIN TOWNSHIP ZONING DISTRICT CLASSIFICATION PRESENTLY EXISTS.

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SOUTH ½, SOUTH ½, SOUTHEAST Ό, SECTION 28, T15N-R2E, LARKIN TOWNSHIP,

MIDLAND COUNTY, MICHIGAN, EXCEPT THE EAST 462.50 FEET OF THE SOUTH 234.00

FEET THEREOF.

Be, and the same is hereby changed to Residential B with the following two conditions: 

(1)  The development of the parcel will not exceed four (4) units per acre for the eastern third (13.5 acres) of the property, five (5) units per acre for the middle third (12.0 acres) of the property and eight (8) units per acre for the western third (12.0 acres) of the property as described herein.

(2)  Structures on the parcel shall not exceed two stories in height.

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 the acceptance of a “statement of conditions” in accordance with Article 30 Section (E)(5) of the City of Midland Zoning Ordinance.  (Ordinance DENIED.  Yeas:  Gaynor, Wazbinski   Nays:  Adams, Donker, Johnson)

 

APPLICANTS FOR BOARD AND COMMISSION VACANCIES

Community Relations Director Selina Tisdale presented a review of applicants to current board and commission vacancies and appointed Council members to conduct interviews and make recommendations for appointment. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that Midland City Council hereby receives the review report on board and commission applications and appoints council members to serve as interview panels and make appointment recommendations back to Midland City Council.    (Motion ADOPTED.)  Appointed Councilman Gaynor and Adams for the Planning Commission and Councilman Donker and Wazbinski for the Cable Access Advisory Commission.

 

MIDLAND COUNTRY CLUB LIQUOR LICENSE

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

 

RESOLVED, that the request from MIDLAND COUNTRY CLUB TO TRANSFER LOCATION OF A DANCE-ENTERTAINMENT PERMIT TO BE HELD IN CONJUNCTION WITH 2008 CLUB LICENSED BUSINESS FROM 1120 W ST ANDREWS, MIDLAND, MI  48640, MIDLAND COUNTY TO NEW BUILDING, SAME ADDRESS be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

SHELTERHOUSE CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from the Council on Domestic Violence and Sexual Assault (Shelterhouse) 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.)

 

ADKINS RESIGNATION FROM CENTER CITY AUTHORITY

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

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

 

100 YEAR ANNIVERSARY OF BOY SCOUTS OF AMERICA – BANNER REQUEST

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

 

RESOLVED, that the request from the Lake Huron Area Council, Boy Scouts of America, to hang banners on the City light poles in the downtown district from August 20 through October 30, 2010, to promote the 100 Year Anniversary of Boy Scouts of America, is hereby approved subject to the following conditions:

;and

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

 

E10 ETHANOL BLEND UNLEADED FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,403 gallons of E10 ethanol blend unleaded fuel from Karbowski Oil of Bay City, Michigan for $26,536.60 executed by the Purchasing Agent on January 26, 2010, is hereby approved.  (Motion ADOPTED.)

 

BADER AND SONS, INC. - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #29955 to Bader & Sons, Inc. of Linwood, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)


 

BELL EQUIPMENT - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #29960 to Bell Equipment of Lake Orion, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

BELLE TIRE - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #29961 to Belle Tire of Bay City, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

GCR FIRESTONE - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30000 to GCR Firestone of Bay City, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

LYDEN OIL - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30037 to Lyden Oil of Lansing, MI up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

MCDONALD FORD - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30042 to McDonald Ford of Freeland, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

MT. PLEASANT TIRE - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30088 to Mt. Pleasant Tire of Mt. Pleasant, MI up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

SOUTHWEST BRAKE - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30130 to Southwest Brake of Saginaw, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

SPARTAN DISTRIBUTORS - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30131 to Spartan Distributors of Sparta, MI up to the amount of $25,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

WIELAND SALES - PO INCREASE FOR VEHICLE MAINTENANCE & SUPPLIES

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the 2009-10 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #30157 to Wieland Sales of Bay City, MI up to the amount of $45,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

WWTP CONCRETE & MASONRY REPAIRS ENGINEERING: PHASE I – PO INCREASE

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

 

WHEREAS, in September 2008, Stantec Consulting of Michigan completed a report entitled “Wastewater Treatment Plant – Concrete Repairs” for the City of Midland to identify and review the concrete and masonry deterioration at various structures throughout the WWTP site; and

WHEREAS, based on the findings in the report, staff prioritized the repairs in conjunction with the estimates for construction cost; and

WHEREAS, Stantec Consulting’s services were expanded to provide Phase II detailed design and preparation of bid documents, construction administration, and inspection services for the repair of various treatment system structures; and

WHEREAS, the project encountered numerous construction issues, requiring additional construction administration and inspection efforts by Stantec; and

WHEREAS, staff requests that an increase be made of $6,000.00 to the existing purchase order to Stantec Consulting of Michigan to provide Phase II engineering services for repairs to be made to wastewater treatment system structures; and

WHEREAS, funds are available in the 2009/10 Wastewater fund budget account 590-9120-912.97-65 – Capital Projects for this purpose; now therefore

RESOLVED, that an increase of $6,000.00 to the existing purchase order amount of $64,000.00 to Stantec Consulting of Michigan is hereby authorized, bringing the total purchase order to $70,000.00, for Phase II construction administration and inspection services for repairs being made to various wastewater treatment system structures, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk