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 |
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Councilmen absent: |
None |
Approval of the minutes of the March 26, 2012
regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brown. (Motion ADOPTED.)
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.)
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.)
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 Midlands 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 Citys 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.)
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.
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.
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.)
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.)
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.)
Assistant City Manager for Financial
Services David Keenan presented the City Managers 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 Managers 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 Clerks 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.)
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.)
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:
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.)
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.)
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.)
The following
resolution was offered by Councilman Wazbinski and seconded by Councilman
Brown:
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.)
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 Countys 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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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