July 25, 2011
A regular meeting of the City Council was
held on Monday, July 25, 2011, at 7:00 p.m. in the Council Chambers of City
Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was
recited in unison.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker,
Marty Wazbinski |
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Councilmen absent: |
Bruce Johnson |
Approval of the minutes of the July 18, 2011
special and regular meetings was offered by Councilman Brooks and seconded by
Councilman Adams. (Motion ADOPTED.)
No public comments were made.
City Engineer Brian McManus presented
information on an Easement Agreement from Superior Metal Recycling (SMR) to the
City of Midland for public water mains on their private property site and one
from the City of Midland to SMR for their water main on City-owned property at
the Midland Landfill site. The following
resolution was then offered by Councilman Wazbinski and seconded by Councilman
Adams:
RESOLVED, that the attached Easement Agreement from SMR, LLC, to the City of Midland,
for public water mains on their private site on Ashman Street next to the
Midland Landfill site in Section 12, T. 14 N., R. 2 E., is hereby accepted and
that the Easement Agreement is ordered recorded; and
RESOLVED FURTHER, that the attached Easement Agreement from the City of
Midland to SMR, LLC, for the water main extension on city-owned property at the
Midland Landfill site on Ashman Street in Section 12, T. 14 N., R. 2 E., is
hereby accepted and that the Easement Agreement is ordered recorded. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that the request from Midland Gymnastics Booster Club Inc. of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that Nancy Carney and John Metevia are hereby appointed as
citizen-at-large members of the Parks and Recreation
Commission for terms expiring June 30, 2014.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that the request from the Midland Area Chamber of Commerce seeking permission to place signs and banners in the public right-of-way from August 3 – 5 to advertise the Center City Authority’s annual Sidewalk Days is hereby approved subject to the following conditions:
Ø The signs and banners shall not span the right-of-way and shall be located so as to not impair traffic sight vision.
Ø A map of the proposed locations must be provided to the Engineering Department one week prior to the event.
; and
RESOLVED
FURTHER, that the
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
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 12,800 gallons of regular #2 diesel fuel from
Karbowski Oil of Bay City, Michigan for $41,086.72 executed by the Purchasing
Agent on July 12, 2011, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, J.E. Johnson Inc. was awarded the annual maintenance contract
for Riverside Place senior living community through a competitive bidding
process; and
WHEREAS, J.E. Johnson Inc. has unique familiarity of the facility’s
systems and the city’s utilization of their services for the replacement of
HVAC control equipment will insure appropriate knowledge and will result in a
reduced maintenance cost to the facility over a five-year contract period; and
WHEREAS, funding is available in the 2011/2012 Riverside Place budget;
now therefore
RESOLVED, that the City Council hereby determines that sealed bids are
impractical, and in accordance with Section 2-18 of the Code of Ordinances, the
requirement for sealed proposals is hereby waived and the purchase of HVAC
control equipment and installation services for Riverside Place is hereby
approved in an amount not to exceed $52,000 and the necessary purchase order
authorized. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed bids for Bid No. 3337, Water Service Fittings, have
been advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS, staff considers the low bid received from ETNA Supply Company
of Grand Rapids, to be acceptable, and recommends award for inventory purchases
of water fittings; and
WHEREAS, funding is provided in the Water Fund Inventory Account
#591.13.031; now therefore
RESOLVED, that a purchase order is hereby authorized to ETNA Supply
Company of Grand Rapids in an amount not to exceed $27,077.30; and
RESOLVED FURTHER, that the City
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for the widening of Bay City Road from Saginaw Road to
Walter Court and reconstruction of Bay City Road from Walter Court to Waldo
Avenue, installation of a southbound right turn lane on Saginaw Road at Bay
City Road and a southbound left turn lane on Saginaw Road at Austin Street
and traffic signal replacement at the
intersection of Saginaw Road and Bay City Road; and
WHEREAS, funding for this project is provided by the Major Street Fund
and an Economic Development Grant from MDOT; now therefore
RESOLVED, that the low sealed proposal submitted by Central Asphalt,
Inc. of Mt. Pleasant, Michigan, for the "2011 Bay City Road Reconstruction; Contract No.
7", in the indicated amount of $1,316,962.74, 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.)
The following resolution was offered by
Councilman Brooks 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, August 22, 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 August 5, 2011 and
to publish said notice on August 6, 2011.
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 CONDITIONALLY AMENDING THE ZONING MAP TO PROVIDE RB RESIDENTIAL B
ZONING WHERE A RESIDENTIAL RA-3 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:
PARCEL 1:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION
34, T15N, R2E; THENCE NORTH 00 DEGREES 30 MINUTES 49 SECONDS WEST 1680.57 FEET
ALONG THE WEST LINE OF SAID SECTION 34 TO THE NORTH LINE OF JOSEPH DRIVE;
THENCE NORTH 89 DEGREES 54 MINUTES 40 SECONDS EAST 400 FEET ALONG THE NORTH
LINE OF JOSEPH DRIVE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 30
MINUTES 49 SECONDS WEST 297.05 FEET; THENCE EAST 2240 FEET; THENCE SOUTH 200
FEET MORE OR LESS TO THE NORTH LINE OF JOSEPH DRIVE; THENCE WESTERLY ALONG THE
NORTHERLY LINE OF JOSEPH DRIVE TO THE PLACE OF BEGINNING.
PARCEL 2:
UNITS 1-12 THE COURTS OF JOSEPHS RUN
CONDOMINIUMS.
Be, and the same is hereby changed to
Residential B with the following conditions:
1.
That no more than nine (9) dwelling units per acre will be developed.
2.
That the height of any structure in the development be restricted to no
more than two (2) stories.
3.
That no more than one unit shall occupy all
vertical floors (no tenant above another)
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. Considered first reading.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, pursuant to the direction of the
City Council, the City Assessor of said City of Midland has prepared and
reported to the City Council the Assessment Roll covering and containing the
proposed Special Assessments assessed and levied, respectively in the “2011
TIBBS STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established
for the proposed Street Improvement in said district, as designated in
Resolutions heretofore adopted by the City Council; now therefore
RESOLVED, that the said Roll be accepted by
the City Council and that it be filed in the office of the City Clerk for
public examination, and that the City Clerk be and is hereby directed to give
notice pursuant to the Ordinance that the Assessment Roll has been made and
filed in the office of the City Clerk for public examination and that the City
Council of the City of Midland will meet in the Council Chambers at the City
Hall in said City at 7:00 o’clock p.m., on the eighth day of August, 2011, to
review said Special Assessment Roll at which time and place, opportunity will
be given to all persons interested to be heard; and
RESOLVED FURTHER, that the City Clerk give
notice of said hearing by causing a copy of this Resolution to be published
once in the Midland Daily News at least ten days prior to the date of the
eighth day of August, 2011, and that the City Clerk also give notice of said
hearing by letter to each property owner subject to Special Assessment by
reason of said improvement, the addresses of said property owners to be taken
from the latest Tax Assessment Roll in the City Assessor’s Office in accordance
with Act 162 of the Public Acts of Michigan of 1962. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, Better Grounds, LLC, by means of a
letter dated July 19, 2011, which was received by the City Clerk on July 19,
2011, has requested an expansion of the “Better Grounds Obsolete Property
Rehabilitation District No. 1” as described in said communication under the
scope of Act 146 of the Michigan Public Acts of the State of Michigan of 2000;
and
WHEREAS, the
decision on whether to expand the existing district as a condition precedent to
commercial rehabilitation assistance through property tax incentives, rests
with the City Council acting in accord with the criteria and procedures
contained in Public Act 146 of the Public Acts of the State of Michigan of
2000; and
WHEREAS, prior to such action by the City
Council, a public hearing shall have been held as required by Section 3(1) of
said Act; now therefore
RESOLVED, that a public hearing will be held
before the City Council on August 8, 2011 at 7:00 p.m. in the Council Chambers
at City Hall,
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED,
that in accordance with Section 11.6 of the Charter of the City of Midland, a
public hearing shall be conducted at 7:00 p.m., Monday, August 8, 2011, in the
Council Chambers of City Hall on the proposal to amend the 2011-12 Civic Arena
Fund budget to increase revenue in the amount of $20,000 and to increase
expenditures in the amount of $20,000; and
RESOLVED
FURTHER, that the City Clerk shall provide notice as provided in Section 5.11
of the Charter of the City of Midland.
(Motion ADOPTED.)
City Manager Jon Lynch presented a
resolution accepting the resignation of Bruce Johnson as Councilman of the
Fourth Ward. The following resolution
was then offered by Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, on November 4, 2003 Bruce Johnson was elected to the Midland City Council representing the Fourth Ward; and
WHEREAS, during his first term Councilman Johnson was selected by his fellow City Councilmen to serve as Mayor Pro Tem and as the City’s Legislative Director; and
WHEREAS, following reelection Councilman Johnson was selected by his fellow City Councilmen on November 14, 2005 to serve as Mayor of the City of Midland; and
WHEREAS, Councilman Johnson was again selected to serve as Mayor of the City of Midland following his reelection in 2007; and
WHEREAS, Councilman Johnson has submitted his resignation on July 22, 2011 citing a need to relocate from Midland; now therefore
RESOLVED, that the City Council of the City of Midland does hereby regretfully accept the resignation of Bruce Johnson, Councilman of the Fourth Ward, effective immediately. (Motion ADOPTED.)
Being no further business the meeting
adjourned at 7:20 p.m.
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Selina
Tisdale, City