September 17, 2012

 

A regular meeting of the City Council was held on Monday, September 17, 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 August 27, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Adams.  (Motion ADOPTED.)

 

FIRE PREVENTION WEEK

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 7-13, 2012, as FIRE PREVENTION WEEK in Midland. (Motion ADOPTED.)  Mayor Donker presented Midland Fire Chief Chris Coughlin with the proclamation.

 

ZONING PETITION NO. 579

Director of Planning and Community Development Brad Kaye presented information on Zoning Petition No. 579 – to amend the City of Midland zoning map by rezoning property located at 3535 East Ashman Street from Agricultural zoning to Residential B zoning.  A public hearing opened at 7:25 p.m.  Ron Schauman, Schauman Development, spoke regarding the requested zoning and plans for the property.   Lynn Glenn, 3414 Collingwood Court and Mark Jones, 3308 Fuller Drive, spoke in opposition to the rezoning.  The public hearing closed at 7:35 p.m.   The following ordinance amendment was then offered by Councilman Brown and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1736

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 RESIDENTIAL B ZONING WHERE AN AGRICULTRUAL 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:

THE SOUTH 880 FEET OF THE WEST ½ OF THE EAST ½ OF THE WEST ½ OF SOUTHWEST ¼ OF SECTION 12, T14N, R2E.  EXCEPT THE SOUTH 40 FEET THEREOF AND ALSO EXCEPT BEGINNING 992.23 FEET EAST AND 40 FEET NORTH OF THE SOUTHWEST CORNER OF SECTION 12, T14N, R2E, THENCE NORTH 250 FEET; THENCE WEST 100 FEET; THENCE SOUTH 250 FEET; THENCE EAST 100 FEET TO THE POINT OF BEGINNING. 

Be, and the same is hereby changed to Residential B.     

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 580

Director of Planning and Community Development Brad Kaye presented information on Zoning Petition No. 580 – to amend the City of Midland zoning map by rezoning property located at 2803 Orchard Drive and a triangular piece of property located at 1400 West Main Street from Residential B zoning to Community zoning.  A public hearing opened at 7:55 p.m.  Charles Breed, Founder of Dahlia Hill Society, spoke in favor of the zoning petition.  The public hearing closed at 7:58 p.m.   The following ordinance amendment was then offered by Councilman Brown and seconded by Councilman Brooks:

 

ORDINANCE NO. 1737

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A COMMUNITY ZONING WHERE A RESIDENTIAL B 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:

LOT 10 EXC BEG 149.5 FT W OF SE COR OF LOT 10 TH W 63 FT TH N 10 FT TH NELY 27 FT TH SELY 53 FT TH E TO A PT 10 FT N OF BEG TH S 10 FT TO BEG ALSO LOT 11 EXC W 23 FT ALSO BEG AT NW COR OF LOT 13 E 102.58 FT SWLY ON CURV TO RT W 90.02 FT RAD 58.99 FT S 37D 33M W 131.7 FT NWLY ALG S LOT LN 57.12 FT NELY 131.44 FT TO BEG ALSO LOT 14 EXC BEG AT SW COR OF LOT 14 NELY 84.72 FT E 13 FT SWLY TO SW COR LOT 14 STURGEON RD ASSR PLAT, ALSO COM AT A PT 175 FT W OF SE COR OF LOT 9, W 15 FT, N 34.29 FT, TH SELY 37.43 FT TO POB. 

LOT 9 OF STURGEON ROAD ASSESSORS PLAT, A PART OF THE NW ¼, SEC 17 T14N, R2E, AS PER PLAT THEREOF RECORDED IN LIBER C OF PLATS, PAGE 15 OF MIDLAND COUNTY RECORDS; COMMENCING AT A POINT 190 FEET WEST OF THE SOUTHEAST CORNER OF LOT 9 ALONG THE SOUTH LINE OF SAID LOT; THENCE 75 FEET WEST ALONG THE SOUTH LINE OF LOT 9; THENCE NORTH 80 FEET; THENCE EAST 55 FEET TO A POINT 210 FEET WEST OF THE NORTHEAST CORNER OF LOT 9 ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTHEASTERLY 49.89 FEET; THENCE 34.29 FEET SOUTH TO THE POINT OF BEGINNING.

BEGINNING AT A POINT 75 FEET WEST OF THE NORTHEAST CORNER OF LOT 16 OF STURGEON ROAD ASSESSOR’S PLAT TO THE CITY OF MIDLAND, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN LIBER C OF PLATS, PAGE 15, AND RUNNING EAST 75 FEET ALONG THE NORTH LINE OF SAID LOT 16; THENCE SOUTHWESTERLY 45.62 FEET ALONG THE EAST LINE OF SAID LOT 16; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. 

Be, and the same is hereby changed to Community.

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.  (Ordinance ADOPTED.)

 

2012-13 LANDFILL FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented information on an amendment to the 2012-13 Landfill Fund budget to fund the design of a bioreactor project and to obtain an updated operating license from the Michigan Department of Environmental Quality.  A public hearing opened at 8:15 p.m., recognizing no public comments, the hearing closed at 8:15 p.m.  The following resolution was then offered by Councilman Brown and seconded by Councilman Adams:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, a public hearing was conducted on Monday, September 17, 2012, on the proposal to amend the 2012/13 Landfill Enterprise Fund budget, increasing revenues from working capital and increasing appropriations by $90,000.00, for the development of a bioreactor cell project and to obtain an updated operating license from the Michigan Department of Environmental Quality; now therefore

RESOLVED, that the 2012/13 Landfill Enterprise Fund budget is hereby amended to increase revenues from working capital by $90,000.00 and to increase appropriations for the Landfill Enterprise Fund budget to fund the development of a bioreactor cell project and to obtain an updated operating license from the Michigan Department of Environmental Quality by $90,000.00; and

RESOLVED FURTHER, that in accord with Section 2-18 of the code of ordinances, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order to CTI and Associates of Brighton in the amount of $90,000.00 is authorized to complete the development work and to obtain the necessary operating license.   (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

FIRST AMENDMENT TO LEASE AGREEMENT – HISTORICAL SOCIETY

Assistant City Manager for Financial Services David Keenan presented information on an amendment to the lease agreement between the City of Midland and the Midland County Historical Society of the Midland Center for the Arts, Inc.   The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, the City of Midland and the Midland County Historical Society of the Midland Center for the Arts, Inc. (MCFTA) are currently parties to a lease dated October 27, 1987; and

WHEREAS, this lease contains the requirement that the MCFTA pay the City annual rent in the amount of $1 per year; and

WHEREAS, this lease also requires the City to hold $5,000 of the MCFTA’s money in the form of a security deposit, paying them interest earned annually on this deposit; and

WHEREAS, both the City of Midland and the MCFTA desire to amend the agreement to remove these requirements; now therefore

RESOLVED, that the First Amendment to the Lease Agreement between the City of Midland and the Midland County Historical Society of the Midland Center for the Arts, Inc., that will eliminate both the requirement for an annual $1 rent payment, as well as a $5,000 security deposit be approved, and Assistant City Manager for Financial Services be authorized to return the $5,000 security deposit plus any accrued interest to the MCFTA.  (Motion ADOPTED.)

 

GRANT FROM ORMOND E. BARSTOW MEMORIAL ENDOWMENT FUND

Director of Public Services Karen Murphy presented information on a grant from the Midland Area Community Foundation’s Ormond E. Barstow Memorial Endowment Fund for the purchase of metal event fencing.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, Parks and Recreation staff applied for and received a grant through the Midland Area Community Foundation for the purchase of metal event fencing to be used at community events; and

WHEREAS, the Parks and Recreation Commission, at their meeting of September 4, 2012, voted unanimously to recommend that the City Council accept the grant; now therefore

RESOLVED, that the City Council hereby accepts a grant of $20,000 from the Midland Area Community Foundation’s Ormond E. Barstow Memorial Endowment Fund for the purchase of metal event fencing, and authorizes staff to proceed with the procurement process.  (Motion ADOPTED.)

 

EASTMAN TRAFFIC SIGNAL AGREEMENT (OLIVE GARDEN SITE)

Item withdrawn.

 

NEW WORLD SOFTWARE MAINTENANCE & SUPPORT SERVICES

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

 

WHEREAS, New World Systems annual software maintenance and support services are due for renewal; and

WHEREAS, software maintenance and support is directly provided by the manufacturer and is considered sole source; and

WHEREAS, sufficient funding exists in the Information Services Operations Fund, and its 2012-13 budget includes sufficient appropriations to pay the 2012-13 expenditures; 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 payment to New World Systems in the amount of $60,000.00 for maintenance and support services is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brown 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 13,396 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $44,072.84 executed by the Purchasing Agent on August 28, 2012, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown 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 12,600 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $43,003.80 executed by the Purchasing Agent on August 31, 2012, is hereby approved.  (Motion ADOPTED.)

 

POLICE PATROL VEHICLE

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

 

WHEREAS, bids for light duty vehicles are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a police patrol vehicle is included in the FY 2012-13 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Snethkamp Dodge of Lansing, Michigan, in the amount of $22,598.00 for the purchase of one police patrol vehicle in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

WATER SERVICE FITTINGS – WATER DISTRIBUTION

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

 

WHEREAS, the City’s Water Distribution Department repairs water mains, installs new services, and replaces corroded bolts and fittings throughout the distribution system; and

WHEREAS, as many of these items require immediate attention when discovered, it is necessary to have an inventory of fittings and parts available; and

WHEREAS, sealed bids for Bid No. 3464, Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding is provided in the Water Fund Inventory Account #591.13.031; now therefore

RESOLVED, that the low bid from ETNA Supply Company of Grand Rapids in the amount of $29,706.46 is accepted and a purchase order for inventory purchases of water service fittings is authorized; 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.)

 

COLD STORAGE BUILDING – WATER DISTRIBUTION

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

 

WHEREAS, the City’s Water Distribution Department is in need of indoor storage for inventory items and equipment; and

WHEREAS, sealed bids for construction of a Cold Storage Building, Bid 3462, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding has been budgeted for this purpose in the 2012/13 Water Fund account #591.9120.97.020 – Capital Buildings and Additions; now therefore

RESOLVED, that the low bid from Central Concrete of Midland in the amount of $104,000.00 is accepted and a purchase order for construction services to build a cold storage building at the City’s Municipal Service Center is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

STORAGE BUILDING IMPROVEMENTS – WASTEWATER

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

 

WHEREAS, the existing storage building at the City’s Wastewater Treatment Plant (WWTP) was built in 1979 and is used to house miscellaneous equipment and a vactor truck; and

WHEREAS, after many years of use and exposure to the elements, the building is in need of major repairs; and

WHEREAS, sealed bids for Storage Building Improvements, Bid 3458, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding has been budgeted for this purpose in the 2012/13 Wastewater Fund account #590.9010.97.002 – Capital Construction; now therefore

RESOLVED, that the low bid from Tancor Corporation of Midland in the amount of $47,900.00 is accepted and a purchase order for construction services to make improvements to an existing storage building at the City’s Wastewater Treatment Plant is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

CATERPILLAR GENERATOR EMERGENCY REPAIR – RENEWABLE ENERGY FACILITY

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

 

WHEREAS, the City of Midland operates a Renewable Energy Facility that utilizes two Caterpillar 3520 generators, each with electricity production rating of 1.6 megawatts; and

WHEREAS, on September 6, 2012, Generator No. 1 experienced a valve failure in one of its heads, which rendered the machine unusable for normal operation; and

WHEREAS, due to the nature of the failure, individual parts could not be replaced and instead, the entire gear assembly and housing had to be purchased and replaced at a total cost of $23,333.20; and

WHEREAS, the emergency repair was made by City staff, and the generator is now running normal; and

WHEREAS, funds are available in the 2012/13 Wastewater Budget account #645.8166.78.005 Maintenance Supplies and Repair Parts; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order is authorized to Michigan Cat, Inc. in the amount of $23,333.20 for the emergency repair replacement parts of Caterpillar Generator No. 1 at the Renewable Energy Facility.  (Motion ADOPTED.)

 

REFUSE ENCLOSURES FOR DOWNTOWN DISTRICT

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

 

WHEREAS, sealed proposals were advertised  and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for Bid No. 3455 “Refuse Enclosures”; and

WHEREAS, funding for the construction of two commercial refuse enclosures is included in the Downtown Development Authority’s 2012-13 budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to JBS Contracting of Mt. Pleasant, Michigan not to exceed $34,642.00 for the construction of two commercial refuse enclosures in the downtown district. (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 155

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 15, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending 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 publish said notice on September 29, 2012. 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING ORDINANCE TO CHANGE THE METHOD OF MEASURING THE SETBACK FROM AN UNOBSTRUCTED SIGHT AREA UNDER SPECIFIED CONDITIONS.

The City of Midland Ordains:

Section 1.  That Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

See attached

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.)

 

Being no further business the meeting adjourned at 8:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk