June 14, 2010

 

A regular meeting of the City Council was held on Monday, June 14, 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, Bruce Johnson, Marty Wazbinski

Councilmen absent:

Vacant:

None

Third Ward

 

MINUTES

Approval of the minutes of the May 24, 2010 regular and May 26, 2010 special meetings was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

AMATEUR RADIO WEEK & AMATEUR RADIO DAY

Communications Coordinator Libby Richart introduced Keith Johnson, Event Chairman of the 2010 Amateur Radio Week.  The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 21 – 27, 2010, as Amateur Radio Week and June 26, 2010, as Amateur Radio Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Keith Johnson with the proclamation.

 

STAFF RECOGNITION – SAFETY OUTREACH EFFORTS

Fire Chief Leonardo Garcia presented information on the recognition of City staff for outstanding safety outreach efforts.

 

2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the 2010 Wackerly Water Main Improvement Special Assessment District Special Assessment Roll.  A public hearing opened at 7:21 p.m., recognizing no public comments, the hearing closed at 7:21 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main  improvements on the "2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $15,077.42 and that the total estimated cost of said improvements is $70,000.00, and the City at large cost is $54,922.58; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2011, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 1.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion ADOPTED.)

 

ZONING PETITION NO. 566

Planning and Community Development Director Keith Baker presented Zoning Petition No. 566 – rezoning property located at 7550 Eastman Avenue from Larkin Township to the City of Midland Regional Commercial Zoning classification. A public hearing opened at 7:25 p.m., recognizing no public comments, the hearing closed at 7:25 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1701

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 A REGIONAL COMMERCIAL ZONING WHERE A LARKIN TOWNSHIP 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:

SEC 33 T15N R2E COM AT N 1/8 COR ON W SEC LN, TH S 156 FT, E 660 FT, N 330 FT, W 660 FT,

S 174 FT.

Be, and the same is hereby changed to Regional Commercial. 

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 567

Planning and Community Development Director Keith Baker presented Zoning Petition No. 567 – rezoning property at 4594(A) East Wheeler Street from Midland Township to the City of Midland Agricultural Zoning classification.  A public hearing opened at 7:28 p.m., recognizing no public comments, the hearing closed at 7:28 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1702

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 AGRICULTURAL ZONING WHERE A MIDLAND TOWNSHIP 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 WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, T14N R2E, MIDLAND TOWNSHIP, MIDLAND COUNTY, MICHIGAN; THENCE EAST 251.73 FEET ALONG THE NORTH LINE OF SAID SECTION 12; THENCE SOUTH 215 FEET PARALLEL TO THE WEST 1/8 LINE OF SAID SECTION 12; THENCE NORTHWESTERLY 251.93 FEET ALONG THE CENTER LINE OF DRAIN TO A POINT ON THE WEST 1/8 LINE TO SAID SECTION 12, WHICH IS LOCATED 207 FEET SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH 207 FEET TO THE PLACE OF BEGINNING.

Be, and the same is hereby changed to Agricultural.

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 568

Planning and Community Development Director Keith Baker presented Zoning Petition No. 568 – rezoning property at 4594(B) East Wheeler Street from Midland Township to the City of Midland Agricultural Zoning classification.  A public hearing opened at 7:29 p.m., recognizing no public comments, the hearing closed at 7:29 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. 1703

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 AGRICULTURAL ZONING WHERE A MIDLAND TOWNSHIP 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:

COMMENCING 251.73 FEET EAST OF THE WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, T14N R2E; THENCE SOUTH 217 FEET; THENCE EAST 125 FEET; THENCE NORTH 217 FEET; THENCE WEST 125 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 12, T14N R2E. 

Be, and the same is hereby changed to Agricultural.

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 569

Planning and Community Development Director Keith Baker presented Zoning Petition No. 569 – rezoning property at 4574 East Wheeler Street from Midland Township to the City of Midland Agricultural Zoning classification.  A public hearing opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:30 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1704

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 AGRICULTURAL ZONING WHERE A MIDLAND TOWNSHIP 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:

COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 12, T14N R2E, AND RUNNING THENCE SOUTH 230 FEET; THENCE WEST 140 FEET; THENCE NORTH 230 FEET; THEN EAST 140 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ TOWNSHIP OF MIDLAND, COUNTY OF MIDLAND AND STATE OF MICHIGAN. 

Be, and the same is hereby changed to Agricultural.

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 570

Planning and Community Development Director Keith Baker presented Zoning Petition No. 570 – rezoning property at 5217 Isabella Street from Homer Township to the City of Midland Residential A-1 Zoning classification.  A public hearing opened at 7:31 p.m., recognizing no public comments, the hearing closed at 7:31 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. 1705

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 A RESIDENTIAL A-1 ZONING WHERE A HOMER TOWNSHIP 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:

COMMENCING 535.92 FEET WEST OF THE NORTHEAST CORNER OF THE EAST 40 ACRES OF THE NORTHEAST FRACTIONAL ¼ OF SECTION 23, T14N R1E FOR THE TRUE PLACE OF BEGINNING; THENCE SOUTH 264 FEET; THENCE EAST 181.5 FEET; THENCE SOUTH 198 FEET; THENCE WEST 261.5 FEET; THENCE NORTH 462 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING.  EXCEPT THAT PORTION DEEDED TO THE MICHIGAN STATE HIGHWAY COMMISSION IN DEED RECORDED IN LIBER 259, PAGE 568. 

Be, and the same is hereby changed to Residential A-1.

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 571

Planning and Community Development Director Keith Baker presented Zoning Petition No. 571 – rezoning property at 7412 Perrine Road from Larkin Township to the City of Midland Residential A-4 Zoning classification.  A public hearing opened at 7:37 p.m., recognizing no public comments, the hearing closed at 7:37 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. 1706

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 A RESIDENTIAL A-4 ZONING WHERE A LARKIN TOWNSHIP 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:

IN SECTION 31, T15N R2E, COMMENCING AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ SECTION 31; THENCE EAST 118 FEET; THENCE SOUTH 208 FEET; THENCE WEST 118 FEET; THENCE NORTH 208 FEET TO THE PLACE OF BEGINNING.

Be, and the same is hereby changed to Residential A-4.

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.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WATER & SEWER RATES

Utilities Director Noel Bush presented information on ordinance amendments to Section 28-52 of Division 3 of Article II of Chapter 28 – Water Rates and Section 28-163 of Division 2 of Article III of Chapter 28 – Sewer Rates.  The following two ordinance amendments were then presented for consideration.

 

WATER RATES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)  For each one thousand (1,000) gallons used per quarter: $1.18        $1.22

(2)  In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4”

 $31.93

 $32.85

1"

$41.51

 $42.71

1- 1/2"

$51.09

 $52.56

2"

$83.02

 $85.41

3"

$319.30

 $328.50

4"

$415.09

 $427.05

6"

$606.67

 $624.15

8"

$862.11

 $886.95

(3)        Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect July 1, 2010.  (Motion ADOPTED.  Considered first reading.)

 

SEWER RATES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)          There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4"

$38.80

$40.80

1"

$50.44

$53.04

1 – 1/2"

$62.08

$65.28

2"

$100.88

$106.08

3"

$388.00

$408.00

4"

$504.40

$530.40

6"

$737.20

$775.20

8"

$1,047.60

$1,101.60

(2)          In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:        $1.87               $1.96

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2010.  (Motion ADOPTED.  Considered first reading.)

 

BROADHEAD ESTATES NO. 3

Planning and Community Development Director Keith Baker presented information on the tentative and final approval of the Preliminary Plat of Broadhead Estates No. 3, a residential subdivision of 50 lots on 20.72 acres east of Jefferson Avenue and south of Julie Ann Drive.  The following two resolutions were then presented for consideration.

 

PRELIMINARY PLAT OF BROADHEAD ESTATES NO. 3 – TENTATIVE APPROVAL

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

 

WHEREAS, the City Council has received the Preliminary Plat of Broadhead Estates No. 3; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-16 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby gives tentative approval to the Preliminary Plat of Broadhead Estates No. 3, contingent upon the following conditions:

      1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications and shall contain all stormwater generated on site within the platted subdivision.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All utilities shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      6.   A 30 foot wide emergency access and utility easement shall be required to run north-south along the west property line of lot 66 and connect to the existing easement to the south with the Oakbrook Estates East subdivision.

      7.   That a gravel vehicle turn around be constructed and provided at the end of each road extension and a paved turn around be constructed upon final development of the plat.

(Motion ADOPTED.)

 

PRELIMINARY PLAT OF BROADHEAD ESTATES NO. 3 – FINAL APPROVAL

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

 

WHEREAS, the City Council gave tentative approval to the Preliminary Plat of Broadside Estates No. 3; and

WHEREAS, the approval of the Midland County Drain Commissioner and other required agencies has been received; now therefore

RESOLVED, that the Midland City Council hereby gives final approval to the Preliminary Plat of Broadhead Estates No. 3, in accordance with Section 23-17 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the conditions of City Council’s tentative approval of the Preliminary Plat specified in the June 14th resolution shall also apply to final approval of the Preliminary Plat.  (Motion ADOPTED.)

 

“COMPLETE STREETS” POLICY

Planning and Community Development Director Keith Baker presented information on the “Complete Streets” Policy for the City of Midland.  Wendell Dilling, 1810 Norwood Drive, encouraged Council support of the Complete Streets Policy.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City of Midland desires to have a “Complete Streets” policy, a term given to streets that accommodate all forms of travel; including automobiles, bicycles, pedestrians, personal mobility devices, transit and freight in a safe environment on designated City streets; and

WHEREAS, the City of Midland adopted a Master Street Plan which proposes a network of streets with design features that will accommodate pedestrians and vehicular movement.  The Plan includes a bicycle plan that specifically defines proposed trails, on-street bike lanes and bike routes; and

WHEREAS, the guiding principle for a “Complete Streets” program for the City of Midland is to design, operate and maintain designated City streets to promote safe and convenient access for all users. The City proposes to do this in a manner consistent with and supportive of the surrounding community.  This can be accomplished with improvements that may include an array of facilities and amenities recognized as contributing to the “Complete Streets” program; and

WHEREAS; this will be done in keeping with the goal of accommodating all forms of travel and in keeping with the design specifications of the Master Street Plan.  The policy recognizes that all streets are different and in each case user needs must be balanced with the benefit to the entire community, and

WHEREAS, the City of Midland recognizes the importance of sidewalks, designated bike routes, on-street bike lanes and separate trails as components of the street plan and as part of the “Complete Streets” policy; and

WHEREAS, the Midland City Council at its meeting on April 26, 2010, referred the proposed “Complete Streets” policy to the City of Midland Planning Commission for review and recommendation and the Planning Commission has subsequently reviewed the proposed policy and has acted to recommend approval of the policy to the City Council by a unanimous vote of 9-0; now therefore

RESOLVED, that the City of Midland City Council hereby approves the “Complete Streets” policy for the City of Midland.  (Motion ADOPTED.)

 


JULY 2010 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2010; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2010 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2010 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2010; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2010 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2010 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2010; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2010 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2010 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2010; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2010 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2010 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2010; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2010 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2010 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2010 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

            1996 Street Improvement                                                                $    3,971.30

            2005 Street Improvement                                                                      2,541.13

            2008 Street Improvement                                                                      9,334.97

                        Subtotal Street Improvement Rolls                                    $   15,847.40

Sanitary Sewer Improvement Rolls

            1996 Sanitary Sewer Improvement                                               $     2,207.93

            2003 Sanitary Sewer Improvement                                                    15,949.20

            2009 Sanitary Sewer Improvement                                                    40,087.79

                        Subtotal Sanitary Sewer Improvement Rolls                     $   58,244.92

Sidewalk Improvement Rolls

           2005 Sidewalk Improvement                                                           $     2,505.99

           2006 Sidewalk Improvement                                                                     516.82

            2007 Sidewalk Improvement                                                                 2,747.40

            2009 Sidewalk Improvement                                                                 7,429.38

                      Subtotal Sidewalk Improvement Rolls                                 $   13,199.59

2009 Downtown Economic Revitalization Roll (SARA)                             $   36,017.96

Accounts Receivable Roll                                                                          $   32,751.78

TOTAL SPECIAL ASSESSMENT ROLL                                                  $ 156,061.65

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2010 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

FOIA DENIAL APPEAL (R. HALL)

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

 

WHEREAS, on May 18, 2010 a Freedom of Information Act request was submitted to the City Clerk; and

WHEREAS, on May 20, 2010 the Freedom of Information Act request was denied by the City Attorney; and

WHEREAS, on June 4, 2010 the Freedom of Information Act denial appeal was received by the City Manager’s office; now therefore

RESOLVED, that in accordance with the Freedom of Information Act, the City Council hereby acknowledges receipt of the Freedom of Information Act denial appeal and shall schedule the appeal to be placed on the agenda for the regularly scheduled City Council meeting on June 28, 2010. (Motion ADOPTED.)

 

REAPPOINTMENTS TO CENTER CITY AUTHORITY

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

 

RESOLVED, that in accord with Section 8 of Act 280 of 2005, the Corridor Improvement Authority Act, the City Council confirms the reappointment of Cliff Miles and Clint Struthers to the Center City Authority for terms to expire June 30, 2014.  (Motion ADOPTED.)

 

LIBRARY BOARD APPOINTMENTS

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

 

RESOLVED, that Michael Burhans is hereby appointed as a citizen-at-large member and Laura Peterson as a MPS representative of the Library Board for terms expiring June 30, 2013.  (Motion ADOPTED.)

 

PARKS AND RECREATION COMMISSION APPOINTMENT

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

 

RESOLVED, that David Rice is hereby appointed as citizen-at-large member of the Parks & Recreation Commission to fill an unexpired term expiring June 30, 2011.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-10-05

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

 

RESOLVED, that Traffic Control Order No. P-10-05 filed April 13, 2010 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the south side of William Street from Rodd Street to 80 feet west.

is hereby made permanent.  (Motion ADOPTED.)

 

HUMANE SOCIETY FUNDRAISING EVENT

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

 

RESOLVED, that the request from Tracie Greene, on behalf of the Humane Society of Midland County, to hold the first annual Strut Your Mutt fundraising event on Saturday, October 2, 2010, from approximately 10:00 a.m. - 2:00 p.m., utilizing the Rail Trail, Dog Park and Chippewassee Park, and charging an entry fee, is hereby approved subject to the following conditions:

  • Use of the City facilities is not exclusive and there could be other people in the area.
  • If the organizers want to put up a canopy, they must contact the Parks and Recreation office in advance to get approval for the location.

;and

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

 

2010-11 PROPERTY AND LIABILITY INSURANCE PURCHASE

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the various insurance requirements of the City of Midland for its fiscal year beginning July 1, 2010; and

WHEREAS, funding for the purchase of this insurance is provided in the 2010-11 budget of the Property and Liability Insurance Fund; and

WHEREAS, Point Consulting Services is recommending that the proposal submitted by the Meadowbrook Insurance Group in the amount of $481,133 be accepted, as well as the additional purchase of cyber insurance coverage; now therefore

RESOLVED, that the proposal submitted by the Meadowbrook Insurance Group for property and liability insurance in the amount of $481,133 is hereby accepted as being the most favorable to the City of Midland, and the Director of Fiscal Services is authorized to enter into an agreement with Meadowbrook for said insurance coverage, as well as the additional purchase of cyber insurance, in an amount not to exceed $20,000.  (Motion ADOPTED.)

 

BRODART COMPANY– CONTRACT EXTENSION (BOOK ORDERING & PROCESSING)

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Company has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2010/2011; now therefore

RESOLVED, that the current contract with Brodart Company for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2010/2011 in an amount not to exceed $225,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

2010 S. SAGINAW ROAD RECONSTRUCTION INSPECTION SERVICES

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

 

WHEREAS, the Engineering Department has determined a need for consultant services for construction engineering on the 2010 S. Saginaw Road Reconstruction project; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

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

RESOLVED, that the low sealed proposal received from AECOM Technical Services in the indicated amount of $48,489.50, based upon City estimated hours and unit rates submitted, is hereby accepted and the purchasing agent is directed to issue a purchase order accordingly for said amounts and services; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $10,000.  (Motion ADOPTED.)

 

2010 LOCAL STREET RECONSTRUCTION & WATER MAIN REPLACEMENT

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

 

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 all of Harold, Thurlow, William and Louanna Streets and the replacement of the water mains on Harold, Thurlow and Louanna Streets; and

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

RESOLVED, that the low sealed proposal submitted by McGuirk Sand-Gravel, Inc. of Mt. Pleasant, Michigan, for the "2010 Local Street Reconstruction and Water Main Replacement, Contract No. 2", in the indicated amount of $429,245.14, 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.)

 

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; and

WHEREAS, the low bid submitted by Petroleum Traders was withdrawn due to their inability to supply the fuel at the price bid, therefore requiring the award be redirected to the next lowest bidder, Karbowski Oil, Bay City, MI; 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 13,399 gallons of E10 ethanol blend unleaded fuel from Karbowski Oil of Bay City, Michigan for $27,414.35 executed by the Purchasing Agent on May 18, 2010, is hereby approved.  (Motion ADOPTED.)

 

DIESEL 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 12,001 gallons of regular #2 diesel fuel from Petroleum Traders of Fort Wayne, Indiana for $25,937.76 executed by the Purchasing Agent on May 18, 2010, is hereby approved.  (Motion ADOPTED.)

 

CEMETERY MAINTENANCE BUILDING RE-ROOFING

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances to re-roof the Cemetery maintenance building, Bid No. 3264; and

WHEREAS, sufficient funds are included in the Cemetery capital outlay budget; now therefore

RESOLVED, that the low bid meeting City specifications submitted by Brandle Roofing of Midland, Michigan, to re-roof the Cemetery maintenance building is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Brandle Roofing in the amount of $28,896 in accord with this resolution, the proposal selected, and City specifications.  (Motion ADOPTED.)

 

THE H HOTEL – TEMPORARY OUTDOOR SERVICE LIQUOR LICENSE

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

 

RESOLVED, that the City Council hereby approves the request of The H Hotel to conduct the sale of alcohol on hotel property on June 21, 2010 as  indicated on the LCC Application for Temporary Authorization and the City Clerk is hereby authorized and directed to sign said application.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk