April 9, 2012

 

A regular meeting of the City Council was held on Monday, April 9, 2012, 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, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the March 26, 2012 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brown.  (Motion ADOPTED.)

 

ZONING PETITION NO. 578

Planning and Community Development Director Brad Kaye presented information on Zoning Petition No. 578 – rezoning property located at 215 State Street, 614 and 709 East Larkin Street and 608 East Ellsworth Street from Regional Commercial zoning to Downtown zoning.  A public hearing opened at 7:10 p.m.  Larry Pillepich, 3602 McKeith Street, inquired about the relationship between this rezoning and the Downtown Development Authority boundary expansion.  The public hearing closed at 7:12 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

ORDINANCE NO. 1727

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 DOWNTOWN ZONING WHERE A REGIONAL COMMERCIAL 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:

         215 State Street

LOTS 5, 6 AND THE NORTHWESTERLY 19 FEET OF LOT 7 AND THE SOUTHWESTERLY 20 FEET OF LOT 3 AND THE SOUTHWESTERLY 20 FEET OF THE NORTHWESTERLY 19 FEET OF LOT 2, BLOCK 47, ORIGINAL PLAT OF THE CITY OF MIDLAND, AS PER PLAT THEREOF RECORDED IN LIBER A OF PLATS AT PAGE 1 OF MIDLAND COUNTY RECORDS;

AND

LOTS 13, 14 AND 15 AND THE NORTHEASTERLY 9.6 FEET OF LOTS 10, 11 AND 12 AND THE SOUTHEASTERLY 5 FEET OF LOT 16 AND THE SOUTHEASTERLY 5 FEET OF THE NORTHEASTERLY 9.6 FEET OF LOT 9, BLOCK 47, SUPERVISORS PLAT OF LARKINS ADDITION AS PER PLAT THEREOF RECORDED IN LIBER C OF PLATS AT PAGE B OF MIDLAND COUNTY RECORDS;

AND

THAT PORTION OF VACATED LARKIN STREET LYING ADJACENT TO LOTS 5, 6 AND THE NORTHWESTERLY 19 FEET OF LOT 7, BLOCK 47 OF THE ORIGINAL PLAT OF THE CITY OF MIDLAND, AS PER PLAT THEREOF RECORDED IN LIBER A OF PLATS AT PAGE 1 OF MIDLAND COUNTY RECORDS. 

         614 East Larkin Street

LOTS 1 THRU 8 BLOCK 28 ORIGINAL PLAT OF MIDLAND & LOTS 9 THRU 12 BLOCK 28 LARKINS ADDITION. 

         709 East Larkin Street

ALL OF BLOCK 47, ORIGINAL PLAT OF MIDLAND EXC LOT 4, THE NE 100 FEET OF LOT 3 & BEG AT THE E CORNER OF LOT 3, SE 10 FT, SW 58 FT, SOUTHWESTERLY 22.1 FT, SW TO PT 20 FT NE OF SW LOT LN, NW 19 FT, NE 100 FT TO BEG AND INCLUDING LOTS 9, 10, 11 & 12 BLOCK 47 LARKINS ADDITIONAL EXC BEG AT SE COR OF LOT 12 TH NW 185 FT SW 9.6 FT SE 185 FT NE 9.6 FT TO BEGINNING. 

         608 East Ellsworth Street

LOT 4, THE NORTHEASTERLY 100 FEET OF LOT 3 AND A PART OF LOT 2 DESCRIBED AS:  THAT PART OF THE NORTHEAST 100 FEET OF THE NORTHWEST 19 FEET OF LOT 2, LYING NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS:  BEGINNING 10 FEET SOUTHEAST OF THE NORTH CORNER OF LOT 2, THENCE SOUTHWEST 58 FEET, PARALLEL TO THE NORTHWESTERLY LINE OF LOT 2; THENCE ON A LINE DEFLECTING 24 DEGREES 16 MINUTES TO THE LEFT FROM FIRST DESCRIBED LINE A DISTANCE OF 21.9 FEET, AND ENDING AT A POINT 77.9 FEET SOUTHWEST OF EAST CORNER OF SAID NORTHEAST 100 FEET OF NORTHWEST 19 FEET OF SAID LOT 2, ALL IN BLOCK 47, ORIGINAL PLAT OF MIDLAND AS RECORDED IN LIBER A OF PLATS, PAGE 1.

Be, and the same is hereby changed to Downtown.

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 seven days after publication.  (Ordinance ADOPTED.)

 

2012 LANDFILL ENTERPRISE FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented information on an amendment to the 2012 Landfill Enterprise Fund budget increasing revenues from working capital by $285,311 (cost of loader plus trade-in) and increasing appropriations by $257,311 (loader cost only) for the purchase of a new John Deere 644K loader.  A public hearing opened at 7:15 p.m., recognizing no public comments, the hearing closed at 7:15 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, the Landfill uses three wheel loaders in its daily operations:  1) a 2009 John Deere 644K purchased when its three-year lease ended in January 2012, 2) a 2005 Komatsu WA380-5 purchased after its three-year lease ended in February 2008, and 3) a 1994 Caterpillar 950F unit owned since its five-year lease ended in November 1999; and

WHEREAS, the 1994 Caterpillar unit needs four new tires and has developed an engine issue requiring extensive repairs or replacement, and coupled with the age of the unit, staff has deemed it best to rotate out the Caterpillar unit at this time; and

WHEREAS, staff also recommends using the State of Michigan low bid process to purchase the loader replacement rather than leasing to avoid interest expenses; and

WHEREAS, John Deere holds the current State low bid contract for a comparable size unit, a 644K, at a purchase price of $257,311.00, while the local John Deere distributor, AIS Construction Equipment of Bridgeport, has offered $28,000.00 for a trade of the Caterpillar unit; now therefore

RESOLVED, that the proposal to amend the 2012 Landfill Enterprise Fund budget, increasing revenues from working capital by $285,311.00 (cost of loader plus trade-in) and increasing appropriations by $257,311.00 (loader cost only) is hereby amended; and

RESOLVED FURTHER, that a purchase order in the amount of $257,311.00, net of trade-in ($28,000.00), to AIS Construction Equipment of Bridgeport for the purchase of a new John Deere 644K loader with a three-year power train/hydraulic warranty is hereby authorized.  (Motion ADOPTED.)

 

2012 WATER ENTERPRISE FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented information on an amendment to the 2012 Water Enterprise Fund budget by increasing revenues from working capital by $100,000 and increasing appropriations by $100,000 to extend the 12-inch water main from its current termination point at West Wackerly Street.  A public hearing opened at 7:20 p.m., recognizing no public comments, the hearing closed at 7:20 p.m.  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, the City of Midland’s 12-inch water main terminates at West Wackerly Street near the Mckay Press facility (f.k.a. Hang Time Sports) at the west end of the City; and

WHEREAS, in February, properties that formerly housed the operations of Modern Metal Craft to the west of McKay Press have been annexed into the City, and the new owner, Associated Builders and Contractors, Inc. (ABC), Saginaw Valley Chapter, is requesting water service; and

WHEREAS, until that annexation making the ABC properties eligible for City water, it was not practical to complete a loop of the City’s water main on West Wackerly Street and the water main that runs along North Saginaw Road; and

WHEREAS, terminated (dead-ended) water mains require periodic flushing to maintain water quality, and do not allow for isolation without service interruption to perform maintenance, so the City has an interest in connecting the two water mains; and

WHEREAS, the cost to extend a 12-inch water main from its current termination point on West Wackerly Street near the Mckay Press facility (f.k.a. Hang Time Sports), west to Tittabawassee River Road, and south to North Saginaw Road, approximately 820 feet in total, is approximately $100,000.00; and

WHEREAS, a payment in lieu of special assessment, based on its property frontage, will be made by ABC of approximately $10,000.00 to partially offset the infrastructure costs, and any properties in that area that become eligible and desire to have City water will also be required to make a payment in lieu of special assessment; now therefore

RESOLVED, that the proposal to amend the 2012 Water Enterprise Fund budget to increase revenues from working capital by $100,000.00 and to increase appropriations by $100,000.00 to extend the 12-inch water main from its current termination point on West Wackerly Street near the Mckay Press facility (f.k.a. Hang Time Sports), west to Tittabawassee River Road, and south to North Saginaw Road, is hereby approved.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Dr. Eugene Moore, 5600 Woodview Pass, spoke regarding the proposed roundabout at BR-10 and Patrick Road.  Larry Pillepich, 3602 McKeith Street, spoke in support of the concept of roundabouts.

 

NEW WARD AND ELECTION PRECINCT BOUNDARIES

City Clerk Selina Tisdale presented for second reading and adoption ordinances to establish new Ward and Precinct Boundary lines.  The following two resolutions were then presented for consideration.

 

WARD BOUNDARIES

The following ordinance amendment was offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

ORDINANCE NO.    ­­­­1728

AN ORDINANCE TO ESTABLISH THE WARD BOUNDARIES OF THE FIVE (5) WARDS IN THE CITY OF MIDLAND TO CONFORM TO THE 2010 DECENNIAL CENSUS OF THE UNITED STATES AND PUBLIC ACT 182 OF THE PUBLIC ACTS OF 1966 (MSA 117.27A). STATE OF MICHIGAN.

The City of Midland Ordains:

Section 1.        The First Ward

The ward boundaries of the First Ward are established as follows:

Beginning at the intersection of Jefferson Avenue and Eastlawn Drive, thence easterly on Eastlawn Drive to Washington Street, thence southerly on Washington Street to Haley Street, thence easterly on Haley Street to Swede Avenue, thence northerly on Swede Avenue to E. Ashman Street, thence easterly on East Ashman Street to Waldo Avenue, thence northerly on Waldo Avenue to the northern city limits, thence following the city limits east and north to the eastern city limits on Mid-Bay County Line Road (Rockwell Drive), thence south on Mid-Bay County Line Road (Rockwell Drive) and following the eastern city limits with its various jogs, including that portion of the City of Midland in Bay County to the south city limits on Bailey Bridge Road, thence following the city limits west, north and south to the west line of the MCV Pond, thence following the west city limits north and east to the Tittabawassee River, thence following the Tittabawassee River north and west to the south city limit, thence west following the south city limit to the west city limit (Grey Road), thence north following the west city limit to the Chippewa River, thence east and north following the Chippewa River to Tittabawassee River, thence north following the Tittabawassee River to Jerome Street (M-20), thence northeast on Jerome Street (M-20) to Indian Street, thence southeast on Indian Street to Haley Street, thence northeast on Haley Street to Jefferson Avenue, thence north on Jefferson Avenue to Eastlawn Drive and the point of beginning.

Section 2.        The Second Ward

The ward boundaries of the Second Ward are established as follows:

Beginning at the intersection of Dublin Avenue and Saginaw Road, thence east along Saginaw Road and Wheeler Avenue to Jefferson Avenue, thence south along Jefferson Avenue to Haley Street, thence southwesterly along Haley Street to Indian Street, thence northwesterly along Indian Street to Jerome Street (M-20), thence southwesterly along Jerome Street (M-20) to the Tittabawassee River, thence southerly along the Tittabawassee River to the Chippewa River, thence westerly along the Chippewa River to the western city limits, thence north and east following the city limits with its various jogs to the Tittabawasee River, thence east along the Tittabawassee River to Dublin Avenue, thence north on Dublin Avenue to Saginaw Road and the point of beginning.

Section 3.        The Third Ward

The ward boundaries of the Third Ward are established as follows:

Beginning at the northerly and westerly city limits, thence following the city limits with its various jogs easterly to Eastman Avenue, thence south on Eastman Avenue to Saginaw Road, thence west on Saginaw Road to Dublin Avenue, thence south on Dublin Avenue to the Tittabawassee River, thence west following the Tittabawassee River to the western city limits, thence north, east and west following the city limits with its various jogs to the northerly and westerly city limits to the point of beginning. 

Section 4.        The Fourth Ward

The ward boundaries of the Fourth Ward are established as follows:

Beginning at the intersection of Eastman Avenue and the northern city limits, thence east along the northern city limits with its various jogs to the eastern city limits, thence south along eastern city limits with its various jogs to Plymouth Street, thence west on Plymouth Street to Swede Avenue, thence north on Swede Avenue to Wheeler Street, thence west on Wheeler Street and Saginaw Road to Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Section 5.        The Fifth Ward

The ward boundaries of the Fifth Ward are established as follows:

Beginning at the intersection of E. Wheeler Street and Jefferson Avenue, thence east on E. Wheeler Street to Swede Avenue, thence south on Swede Avenue to Plymouth Street, thence east on Plymouth Street to easterly city limits and its extension to Waldo Avenue, thence south on Waldo Avenue to E. Ashman Street, thence west on East Ashman Street to Swede Avenue, thence south on Swede Avenue to Haley Street, thence west on E. Haley Street to Washington Street, thence north on Washington Street to Eastlawn Drive, thence west on Eastlawn Drive to Jefferson Avenue, thence north on Jefferson Avenue to Wheeler Street and the point of beginning.

Section 6.        Ordinance 1527 is hereby repealed.

Section 7.        This Ordinance shall take effect upon publication.   (Ordinance ADOPTED.)

 

ELECTION PRECINCT BOUNDARIES

The following ordinance amendment was offered by Councilman Brooks and seconded by Councilman Brown:

 

ORDINANCE NO.  1729

AN ORDINANCE TO ESTABLISH NEW ELECTION PRECINCTS WITH RELATED MATTERS FOR THE CITY OF MIDLAND.

The City of Midland Ordains:

Section 1.  The First Ward of the City of Midland is hereby divided into six election precincts, the boundaries of which shall be as follows:

First Ward – Precinct One –Beginning at the intersection of Jefferson Avenue and Eastlawn Drive, thence east on Eastlawn Drive to Washington Street, thence south on Washington Street to Haley Street, thence east on Haley Street to Swede Avenue, thence south on Swede Avenue to E. Patrick Road, thence west on Patrick Road to where it turns into Indian Street, thence northwest on Indian Street to Haley Street, thence northeast on Haley Street to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

 First Ward – Precinct Two – Beginning at the intersection of Swede Avenue and E. Ashman Street, thence east on E. Ashman Street to Waldo Avenue, thence south on Waldo Avenue to Patrick Road, thence west on Patrick Road to Swede Avenue, thence north on Swede Avenue to point of beginning.

First Ward – Precinct Three – Beginning at the intersection of Patrick Road and Jefferson Avenue, thence east on Patrick Road to Waldo Avenue, thence south on Waldo Avenue to Salzburg Street, west on Salzburg Street to the Tittabawassee River, thence northwest along the Tittabawassee River to southerly city limit, thence west following the south city limit to the west city limit at Grey Road, thence north following the west city limit to the Chippewa River, thence easterly following the Chippewa River to the Tittabawassee River, thence north following the Tittabawassee River to Jerome Street (M-20), thence northeast on Jerome Street (M-20) to Indian Street, thence southeast on Indian Street and Patrick Road to point of beginning.

First Ward – Precinct Four – Beginning at the intersection of E. Ashman Street and Waldo Avenue, thence north on Waldo Avenue and the city limit line to northern city limits, thence east following the city limits with its various jogs to Rockwell Drive, thence south on Rockwell Drive to Patrick Road, thence west on Patrick Road to Waldo Avenue, thence north on Waldo Avenue to point of beginning.

First Ward – Precinct Five – Beginning at the intersection of Waldo Avenue and Patrick Road, thence east on Patrick Road to Rockwell Drive, thence south on Rockwell Drive (Mid-Bay Co Line Road) and the eastern city limits to the southern city limits, thence westerly following the southern city limits with its various jogs to the western city limits, thence north and east following city limits to the Tittabawassee River, thence southeast along the Tittabawassee River to Salzburg Street, thence east on Salzburg Street to Waldo Avenue, thence north on Waldo Avenue to point of beginning.

First Ward – Precinct Six – All portions of the City of Midland lying in Bay County.

Section 2.  The Second Ward of the City of Midland is hereby divided into four election precincts, the boundaries of which shall be as follows:

Second Ward – Precinct One -  Beginning at Eastman Avenue (BR10) and W. Sugnet Road, thence east on W. Sugnet Road to Saginaw Road, thence southeast on Saginaw Road to Ashman Circle, thence north on Jefferson Avenue to Wheeler Street, thence west on Wheeler Street to where it turns into Saginaw Road, thence west on Saginaw Road to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Second Ward – Precinct Two – Beginning at the intersection of Sugnet Road and Eastman Avenue, thence east on Sugnet Road to Saginaw Road, thence southeast on Saginaw Road to Ashman Circle, thence southwest on Ashman Street to Carpenter Street, thence northwest on Carpenter Street to Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Second Ward – Precinct Three – Beginning at the intersection of Eastman Avenue and Carpenter Street, thence east and south on Carpenter Street to Ashman Street, thence northeast on Ashman Street to Ashman Circle, thence south on Jefferson Avenue to Haley Street, thence southwest on Haley Street to Indian Street, thence northwest on Indian Street to where it turns into Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Second Ward – Precinct Four – Beginning at the intersection of Dublin Avenue and north Saginaw Road, thence east on N. Saginaw Road to Eastman Avenue, thence south on Eastman Avenue to where it turns into Indian Street, thence southeast on Indian Street to Jerome Street (M-20), thence southwest on Jerome Street (M-20) to the Tittabawassee River, thence southerly along the Tittabawassee River to the Chippewa River, thence west following the Chippewa River to Vance Road if extended, thence north to southern city limits, thence west following the southern city limits with its various jogs to western city limits, thence north and east following the city limits with its various jogs to the Tittabawassee River, thence east along the Tittabawassee River to Dublin Avenue, thence north on Dublin Avenue to point of beginning.

Section 3.  The Third Ward of the City of Midland is hereby divided into four election precincts, the boundaries of which shall be as follows:

Third Ward – Precinct One –   Beginning at the intersection of Wackerly Street and Sturgeon Creek Parkway, thence east on Wackerly Street to Sturgeon Avenue, thence south on Sturgeon Avenue to Walden Woods Drive, thence east on Walden Woods Drive to Woodberry Drive, thence south on Woodberry Drive to Longfellow Lane, thence east on Longfellow Lane to Drake Street, thence south on Drake Street to Dilloway Drive, thence east on Dilloway Drive to Eastman Avenue, thence south on Eastman Avenue to Saginaw Road, thence west on Saginaw Road to Sturgeon Creek Parkway, thence north on Sturgeon Creek Parkway to point of beginning.

Third Ward – Precinct Two – Beginning at the intersection of Dublin Avenue and Warblers Way, thence east on Warblers Way to Pine Meadow, thence north on Pine Meadow to Moorland Drive, thence east on Moorland Drive to Perrine Road, thence north on Perrine Road to Wackerly Street, thence east on Wackerly Street to Sturgeon Creek Parkway, thence south on Sturgeon Creek Parkway, thence west on N. Saginaw Road to Dublin Avenue, thence north on Dublin Avenue to point of beginning.

Third Ward – Precinct Three – Beginning at the intersection of Eastman Avenue (BR10) and Dilloway Drive, thence west on Dilloway Drive to Drake Street, thence north on Drake Street to Longfellow Lane, thence west on Longfellow Lane to Woodberry Drive, thence north on Woodberry Drive to Walden Woods Drive, thence west on Walden Woods Drive to Sturgeon Avenue, thence north on Sturgeon Avenue to W. Wackerly Street, thence west on W. Wackerly Street to Perrine Road, thence north on Perrine Road to the northern city limits, thence east and north following city limits with its various jogs to Monroe Road, thence east on Monroe Road following the northern and eastern city limits to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Third Ward – Precinct Four – Beginning at Dublin Avenue and the Tittabawassee River, thence west along the Tittabawassee River to the western city limits, thence northerly following western city limits with its various jogs to N. Saginaw Road, thence west and north following the various jogs of the western city limits, thence north and east following city limits with its various jogs to Dublin Avenue, thence north and east following city limits with its various jogs to the northernmost intersection of Perrine Road, thence south on Perrine Road to Moorland Drive, thence west on Moorland Drive to Pine Meadow, thence south on Pine Meadow to Warblers Way, thence west on Warblers Way to Dublin Avenue, thence south on Dublin Avenue to point of beginning.

Section 4.  The Fourth Ward of the City of Midland is hereby divided into five election precincts, the boundaries of which shall be as follows:

Fourth Ward – Precinct One – Beginning at the intersection of Eastman Avenue and Sylvan lane, thence east and north on Sylvan Lane to Wanetah Drive, thence east on Wahetah Drive to Jefferson Avenue, thence south on Jefferson Avenue to Adams Drive, thence east on Adams Drive to Washington Street, thence south on Washington Street to Wheeler Street, thence west on Wheeler Street to where it turns into Saginaw Road, thence west on Saginaw Road to Eastman Avenue, thence north on Eastman Avenue to point of beginning.

Fourth Ward – Precinct Two – Beginning at the intersection of Wildflower Lane and Scenic Drive, thence east on Scenic Drive to Woodview Pass, thence south on Woodview Pass to Wildwood Street, thence east on Wildwood Street to Swede Avenue, thence south on Swede Avenue to Ardmore Street, thence east on Ardmore Street to where it turns south and into Plainfield Street, thence south on Plainfield Street to Vine Street, thence west on Vine Street to Swede Avenue, thence south on Swede Avenue to Wheeler Street, thence west on Wheeler Street to Washington Street, thence north on Washington Street to Adams Drive, thence west on Adams Drive to McKinley Street, thence north on McKinley Street to Hollybrook Drive, thence east on Hollybrook Drive to Friar Lane, thence north on Friar Lane to Stillmeadow Lane, thence west on Stillmeadow Lane to Wildflower Lane, thence north on Wildflower Lane to point of beginning.

Fourth Ward – Precinct Three – Beginning at Swede Avenue and the northern city limits, thence east following the northern city limits to the eastern city limits, thence south following the various jogs of the eastern city limits to Plymouth Street, thence west on Plymouth Street to Swede Avenue, thence north on Swede Avenue to Vine Street, thence east on Vine Street to Plainfield Street, thence north on Plainfield Street to where it turns into Ardmore Street, thence west on Ardmore Street to Swede Avenue, thence north on Swede Avenue to point of beginning.

Fourth Ward – Precinct Four – Beginning at the intersection of Eastman Avenue (BR10) and Sylvan Lane, thence east and north on Sylvan Lane to Wanetah Drive, thence east on Wanetah Drive to Jefferson Avenue, thence north on Jefferson Avenue to the northern city limits, thence following the various jogs of the city limits to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Fourth Ward – Precinct Five – Beginning at Jefferson Avenue at the north city limits, thence easterly following the various jogs of the city limits to Swede Avenue, thence south on Swede Avenue to Wildwood Street, thence west on Wildwood Street to Woodview Pass, thence north on Woodview Pass to Scenic Drive, thence west on Scenic Drive to Wildflower Lane, thence south on Wildflower Lane to Stillmeadow Lane, thence east on Stillmeadow Lane to Friar Lane, thence south on Friar Lane to Hollybrook Drive, thence west on Hollybrook Drive to McKinley Street, thence south on McKinley Street to Adams Drive, thence west on Adams Drive to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Section 5.  The Fifth Ward of the City of Midland is hereby divided into five election precincts, the boundaries of which shall be as follows: 

Fifth Ward – Precinct One – Beginning at the intersection of Jefferson Avenue and E. Wheeler Street, thence east on E. Wheeler Street to Washington Street, thence south on Washington Street to E. Ashman Street, thence west on E. Ashman Street to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Fifth Ward – Precinct Two – Beginning at the intersection of Washington Street and E. Wheeler Street, thence east on E. Wheeler Street to Swede Avenue, thence south on Swede Avenue to Airfield Lane, thence west on Airfield Lane to Scott Street, thence north and west on Scott Street following its various jogs to Airfield Lane, thence west on Airfield Lane to Washington Street, thence north on Washington Street to point of beginning.

Fifth Ward – Precinct Three – Beginning at the intersection of Swede Avenue and Plymouth Street, thence easterly on Plymouth Street to Lund Drive, thence south on Lund Drive to Burlington Drive, thence east on Burlington Drive to Arlington Street, thence south on Arlington Street to Belaire Street, thence east on Belaire Street to Chestnut Hill Drive, thence south on Chestnut Hill Drive to E. Sugnet Road, thence east on E. Sugnet Road to Greenway Drive, thence south on Greenway Drive to E. Ashman Street, thence west on E. Ashman Street to Swede Avenue, thence north on Swede Avenue to point of beginning.

Fifth Ward – Precinct Four – Beginning at the intersection of Plymouth Street and Lund Drive, thence east on Plymouth Street following the eastern city limits with its various jogs to Waldo Avenue, thence south on Waldo Avenue to E. Ashman Street, thence west on E. Ashman Street to Greenway Drive, thence north on Greenway Drive to E. Sugnet Road, thence west on E. Sugnet Road to Chestnut Hill Drive, thence north on Chestnut Hill Drive to Belaire Street, thence west on Belaire Street to Arlington Street, thence north on Arlington Street to Burlington Drive, thence west on Burlington Drive to Lund Drive, thence north on Lund Drive to point of beginning. 

Fifth Ward – Precinct Five – Beginning at the intersection of Jefferson Avenue and Ashman Street thence east on E. Ashman Street to Washington Street, thence south on Washington Street to Airfield Lane, thence east on Airfield Lane to Scott Street, thence north and east on Scott Street following its jogs to Airfield Lane, thence east on Airfield Lane to Swede Avenue, thence south on Swede Avenue to Haley Street, thence west on Haley Street to Washington Street, thence north on Washington Street to Eastlawn Drive, thence west on Eastlawn Drive to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Section 6.  Ordinance 1528 is hereby repealed.

Section 7.  This Ordinance shall take effect upon publication. (Ordinance ADOPTED.)

 

TRAFFIC CONTROL ORDER S-11-08

City Engineer Brian McManus presented information on Traffic Control Order S-11-08.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

RESOLVED, that Traffic Control Order No. S-11-08 filed November 14, 2011 and extended by 90 days on January 30, 2012, pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That traffic on Clover Lane shall stop for Linden Drive. 

is hereby made permanent.  (Motion ADOPTED.)

 

PROPOSED 2012-13 BUDGET

Assistant City Manager for Financial Services David Keenan presented the City Manager’s Proposed 2012-13 Budget and directed the City Clerk to publish a notice of public hearings on the budget.  Larry Pillepich, 3602 McKeith Street, inquired about speaking at budget workshops or public hearings.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, City Council has previously approved, at its regular Council meeting on November 21, 2011, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 23, 2012, in the Council Chambers of City Hall, on the proposed 2012-13 budget; and

WHEREAS, City Council has previously approved at the same meeting 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, May 7, 2012, in the Council Chambers of City Hall on the proposed 2012-13 budget; now therefore

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2012-13 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2012-13 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Road, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2011-12 adopted budget and the 2012-13 proposed budget.  (Motion ADOPTED.)

 

ANNUAL BIKE AUCTION

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

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at a public auction held on Saturday, May 5, 2012 with the net proceeds being deposited in the General Fund or other appropriate City funds.  (Motion ADOPTED.)

 

FIVE NEW STREETS – MIDLAND LOCAL STREET SYSTEM – MDOT ACT 51 FUNDING

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

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

Aspen Way                   from Plumtree Lane to Countryside Drive

Broadhead Drive          from W. Line Broadhead Estates #4 to E. Line Broadhead Estates #4

Plumtree Lane              from E. Line Countryside Estates # 2 to W. Line Countryside Estates #2

Plumtree Lane              from S. Line Countryside Estates #4 to Dublin Avenue

Tomahawk Circle         from Broadhead Drive to North end of cul-de-sac

; and

WHEREAS, Broadhead Drive and Tomahawk Circle are in the recorded plat of Broadhead Estates No. 4; and

WHEREAS, Aspen Way and Plumtree Lane are in the recorded plats of Countryside Estates No. 2 and Countryside Estates No. 4; and

WHEREAS, said streets were constructed and open to traffic prior to December 31, 2011; and

WHEREAS,  it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion ADOPTED.)

 


EASEMENT AGREEMENT – CPI ENGINEERING SERVICES – WATER MAINS

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

 

RESOLVED, that the attached Easement Agreement from CPI Engineering Services, Inc. to the City of Midland, for public water mains on their private site on James Savage Road in Section 23, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

PARTIAL RELEASE OF EASEMENT – F/A PNACEK, LTD

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

 

RESOLVED, that the two attached Partial Release of Easements from the City of Midland to F/A Pnacek, LTD, one for storm water system and one for water main and sanitary sewer for property on Joseph Drive in Section 34, T. 15 N., R. 2 E., are hereby accepted and that the Partial Release of Easements are ordered recorded.  (Motion ADOPTED.)

 

CHEMICAL CITY POST #3651 – LIQUOR LICENSE

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

 

RESOLVED, that the request from Chemical City Post #3651 of Veterans of Foreign Wars of the United States, & Midland County Amvets Post 3652 (Co-Licensee’s) for a New Entertainment Permit to be held in conjunction with 2011 Club licensed business with Dance Permit, located at 3013 Bay City, Midland, MI  48642, Midland County be considered for approval.  It is the consensus of this legislative body that the application be: Recommended for issuance.  (Motion ADOPTED.)

 

SEWER DISTRICT BOARD OF APPEALS – SANDOW REAPPOINTMENT

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

 

RESOLVED, that Patrick Sandow is hereby reappointed to the Sewer District Board of Appeals in a Citizen at Large position for a term expiring June 30, 2015.  (Motion ADOPTED.)

 

SMALL DUMP TRUCK PURCHASE

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

 

WHEREAS, bids for vehicles and truck equipment are solicited by Oakland County, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a small dump truck is included in the FY 2011-12 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders to Oakland County’s selected vendors, Red Holman GMC of Westland, Michigan, in the amount of $24,042.00 for the purchase of one 4x4 truck chassis, and Knapheide Truck Equipment of Flint, Michigan, in the amount of $16,450.00 for the purchase of truck equipment and installation, all in accordance with the Oakland County Cooperative Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 


2012 SIDEWALK REPLACEMENT PROGRAM

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

 

WHEREAS, sealed proposals were advertised and received on April 19, 2011 in accord with Article II of Chapter 2 of the Midland Code of Ordinances for sidewalk repair within the City of Midland; and

WHEREAS, the low bidder meeting specifications, Northwood Concrete LLC of Midland, Michigan, has offered to extend their bid prices for the 2012 season; and

WHEREAS, City staff was satisfied with their work, and while sufficient funds are appropriated for work to be completed in FY 2011-12, extension of the bid for FY 2012-13 is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Northwood Concrete LLC of Midland, MI not to exceed $45,000 for sidewalk repair work for the remainder of FY 2011-12; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a second purchase order not to exceed $75,000 for the months of July through November 2012, provided that funds are appropriated in the FY 2012-13 sidewalk maintenance budget.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 $41,856 executed by the Purchasing Agent on March 23, 2012, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,199 gallons of E10 ethanol blend unleaded fuel from Karbowski Oil of Bay City, Michigan for $43,742.81 executed by the Purchasing Agent on March 27, 2012, is hereby approved.  (Motion ADOPTED.)

 

2012 PAVEMENT MARKING PROGRAM; CONTRACT NO. 16

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the annual pavement marking of major streets; and

WHEREAS, sufficient funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the sealed proposal submitted by P.K. Contracting, for the "2012 Pavement Marking Program; Contract No. 16", in the indicated amount of $49,840.00, 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 this contract in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

2012 HINES STREET RECONSTRUCTION; CONTRACT NO. 9

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of   Hines Street from Eastman Avenue to Fitzhugh Street; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2012 Hines Street Reconstruction, Contract No. 9", in the indicated amount of $214,169.90, 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.)

 

2011 BAY CITY ROAD RECONSTRUCTION; CONTRACT NO. 7 – CHANGE ORDERS #1 & 2

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

 

WHEREAS, City Council awarded the construction contract for the 2011 Bay City Road Reconstruction; Contract No. 7 to Central Asphalt, Inc. on July 25, 2011 for the reconstruction and widening of Bay City Road from Saginaw Road to Waldo Avenue and the widening of Saginaw Road from Bay City Road to north of Austin Street; and 

WHEREAS, several unexpected conditions were encountered that required extra work be completed to assure the quality of the project as described in Change Order No. 1 in the amount of $27,703.87 and Change Order No. 2 in the amount of $36,580.00; and

WHEREAS, funding for this work is provided by an Economic Development Grant from the Michigan Department of Transportation; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 in the amount of $27,703.87 and Change Order No. 2 in the amount of $36,580.00 to the 2011 Bay City Road Reconstruction; Contract No. 7.  (Motion ADOPTED.)

 

2011 BAY CITY ROAD RECONSTRUCTION INSPECTION SERVICES - PO INCREASE

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

 

WHEREAS, City Council approved issuance of a purchase order for Construction Inspection Services on the 2011 Bay City Road Reconstruction project to OHM Engineers based on estimated hours to complete the project; and 

WHEREAS, the number of hours required to properly complete construction inspection services on the project exceeded initial estimates; and

WHEREAS, materials testing services were added to the scope of the inspection services project to maintain project consistency; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase the amount of the purchase order from $45,000.00 to $81,237.38. (Motion ADOPTED.)

 

MDOT CONTRACT NO. 2009-0585 AMENDMENT

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

 

WHEREAS, the City Engineer has submitted a report indicating that the MDOT Bureau of Aeronautics has agreed to amend Contract No. 2009-0585 for extra costs associated with a  snow removal tractor and equipment purchase for Jack Barstow Airport; and

WHEREAS, the City of Midland supports the contract amendment; and

WHEREAS, the additional cost to the city is $154 based on a participation rate of 2.5% of the actual cost; now therefore

RESOLVED, that the City Council hereby approves the proposed contract amendment and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:45 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk