September 13, 2010

 

A regular meeting of the City Council was held on Monday, September 13, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was led by Boy Scout Troop #768 – St. Brigid of Kildare Catholic Church.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the August 23, 2010 regular and September 2, 2010 special meetings was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 151

Planning and Community Development Director Keith Baker presented Zoning Text Amendment No. 151 – Section 2.02 and Section 14.02 D permitting miniature pigs as a Conditional Land Use in the single family residential districts in the City of Midland.  A public hearing opened at 7:03 p.m.  Petitioner Jason White presented information to support the conditional land use request.  Speaking in support of the petition was Ethan White, 1313 W. Hines Street; Paul Tolly, 1319 W. Hines Street; Cheryl Zastrow, 2443 E. LaPorte Road; Carol Howell, Saginaw and Lisa White, 1313 W. Hines Street.  Speaking against the petition was Roger Mead, 2117 Terra Drive, Planning Commission member.  The public hearing closed at 8:24 p.m.  The following ordinance amendment was then offered by Councilman Johnson and seconded by Councilman Wazbinski:

 

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 ORDINANCE TO FURTHER DEFINE PERMITTING THE KEEPING OF MINIATURE PIGS AS A CONDITIONAL LAND USE IN THE SINGLE FAMILY RESIDENTIAL DISTRICTS IN THE CITY OF MIDLAND.

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:

Section 14.02 – PERMITTED USES AND STRUCTURES

D.        Conditional Land Uses

16.  Miniature pigs.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion DENIED.  Yeas:  None  Nays:  Adams, Brooks, Donker, Johnson, Wazbinski)

 

Council adjourned for a break at 8:44 p.m. and reconvened at 8:50 p.m.

 

TRIDGE RAILING REPLACEMENT PROJECT

The public hearing on the proposed budget amendment for the Tridge Railing Replacement project opened at 9:07 p.m. City Engineer Brian McManus presented a report on the Tridge Railing Replacement project including a budget amendment to recognize a donation from the Midland Area Community Foundation and the approval of the construction contract with Gerace Construction.  The public hearing closed at 9:23 p.m.  The following two resolutions were then presented for consideration.

 

GENERAL FUND BUDGET AMENDMENT – TRIDGE RAILING REPLACEMENT

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

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, September 13, 2010, on the proposal to amend the 2010-11 General Fund Budget to recognize a gift from the Midland Area Community Foundation of $360,000 for the Tridge Improvements Project; now therefore

RESOLVED, that the generous donation of $360,000 from the Midland Area Community Foundation for improvements to the Tridge is hereby accepted; and

RESOLVED FURTHER, that the 2010-11 General Fund Budget is hereby amended to increase revenue by $360,000 to recognize the gift from the Midland Area Community Foundation for unanticipated revenue related to renovation and improvement of the Tridge and to increase expenses by $360,000 to recognize the unanticipated expense related to the renovation of the Tridge.  (Motion ADOPTED.)

 

TRIDGE RAILING REPLACEMENT CONTRACT

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

 

WHEREAS, on September 13, 2010, City Council accepted a generous donation from the Midland Area Community Foundation to be used for the repairs and renovation of the Tridge; and

WHEREAS, The Midland Area Community Foundation has stipulated that they desire Gerace Construction to perform the necessary railing and beam repairs to the Tridge at a cost of $219,925; and

WHEREAS, Section 2-20 of the Code of Ordinances allows City Council to waive competitive bids for projects which utilize funds donated to the City; and

WHEREAS, staff has recommended that Gerace Construction be contracted to renovate the Tridge based on their positive performances on other City projects; now therefore

RESOLVED, that the City Clerk and Mayor are hereby authorized to execute all necessary contracts and documents once approved by the City Attorney to allow Gerace Construction to perform said work in the amount of $219,925; 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.)

 

PUBLIC COMMENTS

No public comments were made.

 

BROADHEAD ESTATES NO. 3 FINAL PLANT

Planning and Community Development Director Keith Baker presented information on the Final Plat of Broadhead Estates No. 3, a residential subdivision of 12 lots on 5.32 acres located east of Jefferson Avenue and south of Julie Ann Drive.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Adams:

 

WHEREAS, the Final Plat of Broadhead Estates No. 3 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Broadhead Estates No. 3, in accordance with Section 23-19 of the Code of Ordinances of the City of Midland, contingent upon installation of a 32’ radius temporary cul-de-sac capable of supporting a 60,000 pound vehicle at the end of Broadhead Drive; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

GRANT FOR NEW TRAIL HEAD SIGN AT THE TRIDGE

Planning and Community Development Director Keith Baker presented information on a grant from the Friends of the Pere Marquette Rail-Trail for the purchase and installation of a new trail head sign at the Tridge.  David Waite spoke regarding the project and his concerns about the maintenance of the Midland portion of the Rail-Trail.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the Friends of the Pere Marquette Rail-Trail have generously offered to donate up to $2,500 for the purchase and installation of a new trail head sign at the Tridge; and

WHEREAS, city staff have reviewed the design and proposed location of the proposed sign and have found it to be acceptable; now therefore

RESOLVED, that the City of Midland City Council hereby accepts a grant in the amount of $2,500 from the Friends of the Pere Marquette Rail-Trail for the purchase and installation of a new trail head sign to be located on city property at the foot of the Tridge.  (Motion ADOPTED.)

 

SIDEWALK TIME EXTENSION – WINDING CREEK ESTATES SUBDIVISION NO. 1

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

 

WHEREAS, a written request has been received from Sheila Mesler of Earl D. Bennett Construction, Inc., proprietor of Winding Creek Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Winding Creek Estates Subdivision No. 1 until October 11, 2011 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by October 4, 2010, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

SIDEWALK TIME EXTENSION – WINDING CREEK ESTATES SUBDIVISION NO. 2

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

 

WHEREAS, a written request has been received from Sheila Mesler of Earl D. Bennett Construction, Inc., proprietor of Winding Creek Estates Subdivision No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Winding Creek Estates Subdivision No. 2 until May 21, 2012 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by October 4, 2010, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

SALE OF SURPLUS EQUIPMENT TO MPS

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

 

RESOLVED, that the City Manager is hereby authorized to sell surplus city equipment as provided by Section 2-23 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute an intergovernmental purchase agreement for the sale of city units 3-73, 3-74, and 6-38 to the Midland Public Schools for an amount totaling $38,000.  (Motion ADOPTED.)

 

CABLE ACCESS ADVISORY COMMISSION APPOINTMENTS

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

 

WHEREAS, on November 23, 2009, City Council reviewed the process employed to recruit and select members of the advisory boards and commissions, including topics such as what steps could be taken to make recruiting for boards and commissions more effective and whether existing advisory boards and commissions could be realigned to promote more efficient transaction of business; and

WHEREAS, on April 26, 2010, City Council received a staff report on the organization of the advisory boards and commissions and directed staff to implement the recommended changes; and

WHEREAS, one of the changes involved reducing the number of members on the Cable Access Advisory Commission (CAAC) from seven (two MCTV volunteers, three at-large members who are also cable TV subscribers, one representative from Midland Public Schools (MPS) and preferably one member who is a media professional) to five (three MCTV access users, one MPS representative and one citizen-at-large) due to the inability to fill the at-large and media professional seats; and 

WHEREAS, Roy Green currently serves as a citizen-at-large on the commission and is eligible to serve as an MCTV access user and staff would like him appointed to that position; and

WHEREAS, two Councilmen interviewed Robert Balwinski for the citizen-at-large position and they are recommending to the rest of the City Council that he be appointed; now therefore

RESOLVED, that Roy Green is hereby appointed as an MCTV access user and Robert Balwinski is hereby appointed as a citizen-at-large member on the Cable Access Advisory Commission to fill unexpired terms to expire June 30, 2011, and June 30, 2013, respectively.  (Motion ADOPTED.)

 

COMMUNITY CANVAS EVENT

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

 

RESOLVED, that the request from Caryn Shick, President and CEO of Opportunity Analysts, LLC, to conduct an event called Community Canvas on Saturday, October 2, 2010, from 1:00 – 10:00 p.m., in the Farmers Market area, utilizing the public right-of-way and amplified sound, is hereby approved subject to the following conditions:

  • The organizer must contact Karen Murphy, Director of Public Services, at 837-6909 to set up a meeting to review set-up of the stages and the electrical requirements.
  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five days prior to the event.
  • The Rail Trail and the Tridge must remain accessible to other users in the area.
  • Be aware that there are two other small events occurring in the area.
  • The organizer shall maintain a minimum 20-foot wide fire lane on all streets involved in the event.
  • The area adjacent to any door used for egress from a building shall be kept clear of obstructions.
  • The immediate areas adjacent (3 ft. radius) to fire hydrants and building sprinkler/standpipe fire department connections shall be kept clear.
  • The organizer must have someone in charge of moving the barricades for emergency access.
  • Community Special Event sign procedures must be followed.  Contact Brian McManus, City Engineer, at 837-3353, with any questions regarding placement of the signs.
  • The signs shall be placed outside of required clear vision corners and should not obstruct the vision of motorists.
  • The signs shall be removed at the conclusion of the event.
  • Signs placed within the MDOT right-of-way will require their approval.
  • The organizer should be aware that the start of their event could be delayed if the Farmers Market area is not completely vacated by 1:00 p.m.  We would encourage the organizer to contact Kristy LeVasseur of the Chamber of Commerce at 839-9522 to coordinate the two events to help ensure a smooth transition between the end of the Farmers Market and the beginning of the event.
  • The organizer is responsible for all clean-up of the chalk on the sidewalks.

; and

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

 

NORTHWOOD UNIVERSITY FIREWORKS DISPLAY

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

 

RESOLVED, that the request from Teresa Sullivan, Director of Residence and Student Life at Northwood University, to conduct a fireworks display at Northwood’s baseball stadium at the end of their pep rally as part of Northwood Spirit Week on Thursday, September 16, 2010, is hereby approved subject to a site map and security plan being submitted and approved by the Fire Department prior to the event; and

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

 

DIESEL FUEL PURCHASE

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

 

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 regular #2 diesel fuel from C.F. Fick & Sons of Grayling, Michigan for $28,635.51 executed by the Purchasing Agent on August 24, 2010, is hereby approved.  (Motion ADOPTED.)

 

2010 SUGNET WATER MAIN; PHASE II

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a new 20” transmission water main from the intersection of Main Street and Sugnet Road to the intersection of Sugnet Road and Northwood Drive; and

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

RESOLVED, that the low sealed proposal submitted by Malley Construction, Inc. of Mt. Pleasant, Michigan, for the "2010 Sugnet Water Main, Phase II; Contract No. 9", in the indicated amount of $334,438.40, 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.)

 

SANITARY SEWER LATERAL REPLACEMENTS

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation six new sanitary laterals to homes on Sweetbrier Terrace; and

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

RESOLVED, that the low sealed proposal submitted by Sterling Excavation, Inc. of West Branch, Michigan, for the "SANITARY SEWER LATERAL REPLACEMENTS; BID NO. 3285", in the indicated amount of $34,500.00, is hereby accepted and the Purchasing Agent is authorized to execute a Purchase Order therefore in accord with the proposal and the City's specifications.  (Motion ADOPTED.)

 

CHANGE ORDER #2 – GAS-TO-ENERGY PROJECT

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

 

WHEREAS, in the fall of 2009 the Integrated Utilities Improvement Project – Gas-to-Energy Plant and Compressor Building Construction and Design contract with The Christman Company (Christman) of Lansing was approved by City Council in the total amount of $8,682,638.00; and 

WHEREAS, at that time Council authorized the City Manager to make changes to the contract in an aggregate amount not to exceed $20,000.00; and 

WHEREAS, on September 2, 2010, the City Manager authorized Change Order No. 1 to increase the contract amount by $9,425.00 for engineering design work related to the acquisition of the emergency generator for the compressor building and gas collection & control system at the landfill, bringing the total amended contract to $8,692,063.00; and

WHEREAS, staff and its construction management consultants recommend Change Order No. 2 for the installation of additional conduit and wires from the automatic transfer switch to an upgraded electric panel at the landfill gas compressor building, and additional conduits from the electric generator facility to the city’s wastewater treatment plant digester building, for a total recommended increase to the contract of $22,661.00; and

WHEREAS, funding is available in the contingencies category of the project budgets for projects RE1001 – GTE Compressor Facility ($12,115.92) and RE1003 – GTE Electric Generation Facility ($10,545.08); now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 2 in the amount of $22,661.00, thereby increasing the total amount of the contract with The Christman Company to $8,714,724.00.  (Motion ADOPTED.)

 

TRUCK SCALE IMPROVEMENT PROJECT - LANDFILL

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

 

WHEREAS, on December 29, 2009 new Environmental Protection Agency (EPA) regulations took effect requiring greenhouse gas reporting for many industries, including landfills; and

WHEREAS, part of the reporting regulations requires an accurate weight of materials disposed of in the landfill, rather than the currently calculated estimate based on volume of waste accepted; and

WHEREAS, to comply with the new regulations, sites had to either begin reporting or receive an extension from the EPA by April 1, 2010; and

WHEREAS, since the Landfill did not have a truck scale to meet the regulation, the Landfill received an extension from the EPA through December 31, 2010; and

WHEREAS, on September 7, 2010 sealed bids were received and opened for Bid No. 3284, Truck Scale Improvement at Landfill, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland, and the low bid proposal submitted by RCL Construction Company of Sanford in the amount of $192,500.00 meets the City’s requirements; and

WHEREAS, sufficient funds are available for that purpose in the 2010/11 Landfill Fund accounts #517-9120-912.97-65 – Capital Projects; now therefore

RESOLVED, that the low bid proposal submitted by RCL Construction Company in the amount of $192,500.00 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk