December 6, 2010
A regular meeting of the City Council was
held on Monday, December 6, 2010, at 7:00 p.m. in the Council Chambers of City
Hall. Mayor Donker presided. Cub Scout Pack #3721, Siebert School led the Pledge
of Allegiance to the Flag.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the November 22, 2010
regular meeting was offered by Councilman Wazbinski and seconded by Councilman Adams. (Motion ADOPTED.)
No public comments were made.
City Engineer Brian McManus presented
petitions and requests for capital projects for consideration of inclusion in
the 2011 Construction Program. The
following six resolutions were then presented for consideration.
The following resolution was offered by
Councilman Brooks and seconded by Councilman Johnson:
RESOLVED, that the attached
petition received from David G. Rapanos for the
installation of a water main on Waldo Avenue from Wheeler Street to Diamond
Drive, is hereby received and referred to the City Engineering Department for
consideration of inclusion in the 2011 Construction Program. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Johnson:
RESOLVED, that the attached petition received from
Bennett Development for the installation of a water main on Eastman Avenue from
Commerce Drive to Monroe Road, is hereby received and referred to the City
Engineering Department for consideration of inclusion in the 2011 Construction
Program. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by
Councilman Johnson:
RESOLVED, that the attached
petition received from David G. Rapanos for the
installation of a sanitary sewer on Waldo Avenue from Wheeler Street to Diamond
Drive, is hereby received and referred to the City Engineering Department for
consideration of inclusion in the 2011 Construction Program. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Johnson:
RESOLVED, that the attached
petition received from Bennett Development for the installation of a sanitary
sewer on Eastman Avenue from Commerce Drive to Monroe Road, is hereby received
and referred to the City Engineering Department for consideration of inclusion
in the 2011 Construction Program. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Johnson:
RESOLVED, that the attached petition received from
the Arnold Center for the improvement of Tibbs Street
from Wexford Street to the end of the street, is hereby received and referred
to the City Engineering Department for consideration of inclusion in the 2011
Construction Program. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Johnson:
RESOLVED, that the attached petition
received from the Non-Motorized Transportation Advisory Committee for the
installation of various non-motorized transportation improvements on existing
city streets, is hereby received and referred to the City Engineering
Department for consideration of inclusion in the 2011 Construction Program. (Motion ADOPTED.)
City Engineer Brian McManus presented the
2010 Construction Progress Report. The
following resolution was then offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, the City Engineer reported the status of completion for projects in the 2010 Construction Program; now therefore
RESOLVED, that City Council hereby receives and files the 2010 Construction Progress Report. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
be considered for approval.
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2009/2010 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and
WHEREAS, the Cable Access Advisory Commission has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore
RESOLVED, that the 2009/2010 Annual Report of the Cable Access Advisory Commission be accepted. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
RESOLVED, that J. Dee Brooks be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Midland Area Emergency Medical Board. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
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 plant site; and
WHEREAS, based
on the findings in the report, Phase I and Phase II masonry and
structural improvements have since been made to the plant; and
WHEREAS, Phase III recommended improvements
consist of rehabilitating and replacing the steel process pipes that connect
the various tanks and filters throughout the plant; and
WHEREAS, in July 2010, Council authorized Stantec Consulting of Michigan to provide a
detailed investigation of the piping, detailed design, bidding assistance, and
construction services at the Wastewater Treatment Plant for Phase III
improvements; and
WHEREAS, on November 30, 2010 bids were
opened for Wastewater Treatment Plant Pipe
and Valve Replacement Phase
III, Bid No. 3294, in accord with Sec. 2-18 of the Code of Ordinances for the City of
Midland, and the low bid proposal submitted by John E. Green of Saginaw, in the
amount of $592,800.00, satisfies city
requirements; and
WHEREAS, the bid documents included
provisions which permit the City to delete any part of the work based on the
availability of funds, and in an effort to work within the budgeted funds, it
is recommended that a portion of piping and valve replacement totaling
$254,600.00 be removed from the project, bringing the adjusted low bid to
$338,200.00; and
WHEREAS, funds are available in the 2010/11
Wastewater fund budget account 590.9010.97.002 – Capital Construction for that
purpose; now therefore
RESOLVED, that the City of Midland
authorizes the Mayor and City Clerk to execute a construction contract with
John E. Green of Saginaw, in the amount of $338,200.00, for Phase III
improvements at the Wastewater Treatment Plant, as part of the proposed
wastewater system improvements, subject to document approval by the City
Attorney; and
RESOLVED FURTHER,
that the City Manager is authorized to approve change orders in an aggregate
amount not to exceed $20,000.00.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, the City’s landfill engineering consultant, CTI and Associates,
Inc. (CTI), routinely assists Landfill staff with general engineering support,
which may include work to review special waste profiles, support with
regulatory issues that arise through site and reporting reviews by the Michigan
Department of Natural Resources and Environment (MDNRE), survey work, and small
design projects; and
WHEREAS, each year, funds are budgeted for general engineering support, and an administratively approved purchase order is made in the amount of $20,000.00; and
WHEREAS, this year a series of special waste profile reviews, the need for a regulatory waiver, stormwater collection pond redesign at the Landfill compost area, site surveys and associated airspace calculations, and new greenhouse gas regulations from the Environmental Protection Agency have increased the need for additional general engineering support; and
WHEREAS, funding for general engineering assistance needs is budgeted in the 2010/11 Landfill account 517.8110.80.002 – Professional Services; now therefore
RESOLVED, that an increase of $15,000.00
to the existing purchase order of $20,000.00 to CTI and Associates, Inc. of Wixom, bringing the total purchase
order to $35,000.00, to continue providing general engineering, design, and
regulatory compliance support is hereby
authorized. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, in
December 2009, new regulations took effect mandating greenhouse gas reporting
for many industries, including landfills, that now require an accurate weight
of materials disposed of in the landfill, rather than the currently calculated
estimate based on volume of waste accepted; and
WHEREAS, the
regulation mandated that compliance be achieved by April 1, 2010, unless a waiver
extension was granted through December 31, 2010, which the Landfill did
receive; and
WHEREAS, in early
2010, a purchase order for CTI was administratively approved in the amount of
$20,000.00 to immediately begin work to assist the city with the waiver request
submittal, and to provide compliance, reporting, design, surveying, and
construction support; and
WHEREAS,
construction of the Truck Scale and Access Road project began in September, and
over the course of the project engineering costs have reached the $20,000.00
limit of the purchase order, while work continues to meet the December 31, 2010
compliance deadline; and
WHEREAS, staff
recommends an increase of $8,000.00 to the existing CTI purchase order to
complete construction oversight, project management, and compliance support for
the project; and
WHEREAS, funding
for engineering assistance is budgeted in the 2010/11 Landfill account
517.8110.80.002 – Professional Services; now therefore
RESOLVED, that an
increase of $8,000.00 to the existing purchase order of $20,000.00 to CTI and Associates, Inc. of Wixom is hereby
authorized, bringing the total purchase order to $28,000.00 for the
completion of construction oversight, project management, and compliance
support for the Landfill’s Truck Scale and Access Road project.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, a public hearing was held by the
RESOLVED, that notice is hereby given that a public
hearing will be held by the City Council on Monday, January 10, 2011, at 7:00
p.m. in the Council Chambers, City Hall, for the purpose of considering the
advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning
Ordinance of the City of Midland, as set forth in the following proposed
Ordinance, which is hereby introduced and given first reading; and
RESOLVED FURTHER, that the City Clerk is hereby
directed to notify property owners within three hundred (300) feet of the area
proposed to be rezoned by transmitting notice on or before December 17, 2010
and to publish said notice on December 18, 2010.
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 A COMMUNITY COMMERCIAL
ZONING WHERE A LARKIN TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.
The City of
Section 1. That the
Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of
Midland, is hereby amended as follows:
THAT PART OF N ½ OF NE ¼ OF
SEC 33, T15N, R2E, LYING NORTHLY OF COMMERCE DRIVE EXCEPT THE WEST 40 FT
THEREOF.
Be, and the same is hereby changed to Community 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.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Adams:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, December 20, 2010, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Storm Water Management Fund, Grace A. Dow Memorial Library Fund, Downtown Development Authority Fund, and Dial A Ride Transportation Fund for the 2010-2011 fiscal year and to amend the financial working plans of the Civic Arena Fund, Landfill Fund, Golf Course Fund, Wastewater Fund, Water Fund, Information Services - Operations Fund, and Equipment Revolving Fund, for the 2010-2011 fiscal year in order to provide funding for June 30, 2010 encumbrances, and the City Clerk shall provide notice as provided in Section 5.11 of the Charter of the City of Midland. (Motion ADOPTED.)
Assistant City Manager Jack Duso introduced
a consideration made by the State Liquor Control Commission for local governing
bodies to opt out of the State’s granting permission for Sunday morning liquor
sales. A motion by Councilman Wazbinski
that City Council vote to not allow Sunday morning liquor sales in the City of
Midland and take extra time to seek local input on the opt out option died for
lack of second.
Being no further business the meeting
adjourned at 8:05 p.m.
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Selina
Tisdale, City