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.

 

Councilmen present:

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

Councilmen absent:

Bruce Johnson

 

MINUTES

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

EASEMENT AGREEMENTS – WATER MAINS (SUPERIOR METAL RECYCLING)

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.)

 

MIDLAND GYMNASTICS BOOSTER CLUB INC. (NON-PROFIT STATUS RECOGNITION)

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.)

 

PARKS AND RECREATION COMMISSION APPOINTMENTS

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.)

 

CENTER CITY AUTHORITY – SIDEWALK DAYS SIGNS AND BANNERS

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 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 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.)

 

HVAC CONTROL EQUIPMENT FOR RIVERSIDE PLACE

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.)

 

WATER SERVICE FITTINGS

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 Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

2011 BAY CITY ROAD RECONSTRUCTION

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.)

 

ZONING PETITION NO. 575

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, June 14, 2011 for property located at 405 Joseph Drive, Clayhill Court and Fieldstone Court for the purpose of considering the advisability of conditionally amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Residential A-3 to Residential B zoning classification; now therefore

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.)

 

2011 TIBBS STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

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.)

 

BETTER GROUNDS OBSOLETE PROPERTY REHABILITATION DISTRICT EXPANSION

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, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the expansion of the “Better Grounds Obsolete Property Rehabilitation District No. 1” as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District. (Motion ADOPTED.)

 

PROPOSED AMENDMENT - 2011-12 CIVIC ARENA FUND BUDGET

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.)

 

NEW BUSINESS – COUNCILMAN JOHNSON’S RESIGNATION

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.

 

 

______________________________________

            Selina Tisdale, City Clerk