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.
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Councilmen present: |
Thomas Adams, Maureen Donker, Scott Gaynor, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
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.)
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.
No public comments were made.
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.)
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.
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. _______
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.)
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. _______
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.)
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)
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
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
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.)
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 Councils appreciation to Mr. Adkins for his service on this important Board. (Motion ADOPTED.)
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
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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 Consultings 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