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.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 22, 2010 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Adams.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

CAPITAL PROJECTS

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.

 

WATER MAIN ON WALDO AVENUE

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.)

 

WATER MAIN ON EASTMAN AVENUE

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.)

 

SANITARY SEWER ON WALDO AVENUE

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.)

 

SANITARY SEWER ON EASTMAN AVENUE

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.)

 

STREET IMPROVEMENT OF TIBBS STREET

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.)

 

NON-MOTORIZED TRANSPORTATION IMPROVEMENTS

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.)

 

2010 CONSTRUCTION PROGRESS REPORT

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.)

 

LIQUOR LICENSE TRANSFER – WATERFALL GRILL

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

 

RESOLVED, that the request to TRANSFER OWNERSHIP OF ESCROWED 2010 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED AT 5103 EASTMAN, SUITE 167, MIDLAND, MI  48642, MIDLAND COUNTY, FROM B B BANUCKS, INC. TO WATERFALL GRILL, LLC; AND TRANSFER LOCATION TO 337 E WACKERLY, MIDLAND, MI  48642, MIDLAND COUNTY, AND REQUEST A NEW DANCE PERMIT. 

be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

2009-2010 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

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.)

 

BROOKS APPOINTMENT TO THE MIDLAND AREA EMERGENCY MEDICAL BOARD

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.)

 

WASTEWATER TREATMENT PLANT PIPE & VALVE REPLACEMENT, PHASE III

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.)

 

PO INCREASE FOR ENGINEERING SERVICES FOR LANDFILL

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.)

 

PO INCREASE FOR TRUCK SCALES & ACCESS ROAD ENGINEERING FOR LANDFILL

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.)

 

ZONING PETITION NO. 573

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 9, 2010 for property located at 800 Commerce Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Larkin Township to the Community Commercial zoning classification; now therefore

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 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:

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.)

 

BUDGET AMENDMENT – 2010 ENCUMBRANCES

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.)

 

NEW BUSINESS

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 Clerk