November 19, 2012
A regular meeting of the City Council was held on Monday, November 19, 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.
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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 November 12, 2012 regular meeting was
offered by Councilman Brown and seconded by Councilman Brooks. (Motion ADOPTED.)
Battalion Chief Ron Schaefer introduced Matt Schieber as the 2012 Carl and Esther Gerstacker Fire Fighter of the Year. The following resolution was then offered by Councilman Brown and seconded by Councilman Brooks:
RESOLVED, that Midland Fire Department Fire Fighter Matt Schieber is hereby recognized for being selected by the Midland Exchange Club as their 2012 Carl and Esther Gerstacker Fire Fighter of the Year recipient. (Motion ADOPTED.) Mayor Donker presented Mr. Schieber with the proclamation.
Midland Police Chief Cliff Block introduced Robert Booth as the 2012
Carl and Esther Gerstacker Police Officer of the
Year. The following resolution was then
offered by Councilman Adams and seconded by Councilman Wazbinski:
RESOLVED, that Midland Police Department Officer Robert Booth is hereby recognized for being selected by the Midland Exchange Club as the 2012 Carl and Esther Gerstacker Police Officer of the Year recipient. (Motion ADOPTED.) Mayor Donker presented Mr. Booth with the proclamation.
Midland Tomorrow Executive Director Scott Walker and Vice President of
Business Development Carol Miller gave a presentation on Midland’s eCities award.
No public comments were made.
City Engineer Brian McManus presented a resolution approving the City of Midland’s participation in a Metropolitan Planning Organization. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:
RESOLUTION
TO ESTABLISH AN INTERMUNICIPALITY COMMITTEE UNDER MICHIGAN
PUBLIC ACT
200 OF 1957 FOR PURPOSES OF TRANSPORTATION PLANNING IN THE
MIDLAND
STUDY AREA
WHEREAS, the urban transportation
planning regulations implementing sections of the Federal-Aid Highway Act of
1962, and the Urban Mass Transportation Act of 1964, as amended, require that
each urbanized area, as a condition of receipt of Federal transportation
capital or operating assistance, having a continuing, cooperative and
comprehensive (3-C) transportation planning process that results in plans and
programs consistent with the comprehensive planned development of the urbanized
area; and
WHEREAS, the Midland Area
Transportation Study was initiated in 2012 to conduct a transportation planning
process in response to the Federal-Aid Highway Act of 1962 and the Urban Mass
Transportation Act of 1964, as amended; and
WHEREAS, urban transportation
planning funds from the United States Department of Transportation are
available, directly or indirectly, to the Midland Area Transportation Study to
carry out the transportation planning process in the Midland Study Area; and
WHEREAS, the City of
Midland has previously participated and
agrees to continue to participate with other local municipalities in the
comprehensive, cooperative and continuing transportation planning process for
that Midland Study Area; and
WHEREAS, Michigan Public Act 200
of 1957 provides for the creation, by two or more municipalities, of an Intermunicipality Committee for the purpose of studying
area problems; and
WHEREAS, the Intermunicipality
Committee may accept gifts and grants from the Federal, State and Local
Governments, also from private individuals, foundations or agencies, if such
grants are made for furtherance of the objectives for which the Intermunicipality Committee is established; and
WHEREAS, resolution to join in
creating an Intermunicipality Committee as provided
by Michigan Public Act 200 of 1957, does not obligate the City of Midland to
any dues, fees or other financial commitments to the Intermunicipality
Committee.
NOW, THEREFORE, BE IT RESOLVED, that the City of Midland, together with
the charter township of Larkin, the townships of Edenville,
Homer, Ingersoll, Jerome, Lincoln, Midland, Mt. Haley, Tittabawassee, and
Williams, the Village of Sanford, the County of Midland, County of Bay, County
of Saginaw, City of Auburn has duly considered the creation of such an Intermunicipality Committee and the City of Midland does
hereby agree to join with those municipalities similarly agreeing to jointly
and mutually establish and organize an Intermunicipality
Committee under Michigan Public Act 200 of 1957 for the purpose of studying the
area transportation problems of mutual interest and concern, such Intermunicipality Committee hereinafter referred to as the
Midland Area Transportation Study;
BE IT FURTHER
RESOLVED THAT:
1.
the Intermunicipality Committee created by this resolution
shall be that organization previously established and presently operating as a
voluntary association under the name Midland Area Transportation Study;
2.
in
addition to the municipalities herein named, and accordance with the Bylaws,
the Midland Area Transportation Study as an Intermunicipality
Committee shall include a duly appointed representative from the City of
Midland, Midland County Road Commission, Bay County Road Commission, Saginaw
County Road Commission, Federal Highway Administration, Michigan Department of
Transportation, Midland County Connection, Dial-A-Ride Transportation;
3.
membership
on the Committee may in the future include other such units of government,
agencies, commissions or committees that would be eligible in accordance with
the Bylaws;
4.
the
Bylaws, that are being developed by the Midland Area Transportation Study,
shall be the Bylaws of the Intermunicipality
Committee;
5.
the
Midland Area Transportation Study shall operate and act in compliance with and
under the authority of Michigan Public Act 200 of 1957 and shall have the
duties, privileges and rights prescribed in that Act;
6.
the
Midland Area Transportation Study shall develop transportation plans and
programs for the Midland Urbanized Area, integrally considering local, county,
regional and state plans;
7.
the Midland
Area Transportation Study broad objectives encompass, but are not limited to
the following:
a. to develop transportation plans
and programs and establish processes for the continuing review of plans,
recommendations, and programs to facilitate the movement of persons and goods
in the Midland Study Area;
b. to design and carry out the
assembling and analysis of information pertaining to transportation within the
area;
c. to coordinate transportation
facility implementation and operation within the Midland Study Area;
d. to review and evaluate the
planning and programming of transportation related activities, projects and
programs within the Midland Study Area as they may impact the transportation
system;
e. to assist in project
implementation where such projects require organizational, functional and
operational analysis and/or to undertake those implementation functions not
reserved to other agencies or as may be appropriately delegated by such other
agencies; and
f. to establish and implement a
continuing program of public information regarding transportation planning,
programs and projects.
8.
Signatories
to this resolution mutually agree to join in and ascribe to this comprehensive,
continuing and cooperative transportation planning process for the Midland
Study Area, in fulfillment of the requirements of the Federal-Aid Highway Act
of 1962, the Urban Mass Transportation Administration Act of 1964, as amended,
and other relevant acts, regulations, or directives pertaining to Federal and
State participation in the transportation planning program and projects in the
Midland Urbanized Area.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditors’ Report dated June 30, 2012, with comparative figures for June 30, 2011, be received and filed in the office of the City Clerk. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that Jenee Velasquez is hereby reappointed to the Brownfield Redevelopment Financing Authority for a term expiring December 1, 2015. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City of Midland desires to perform HVAC (heating, ventilation, and air
conditioning) system improvements for the administration building at the
Wastewater Treatment Plant (WWTP); and
WHEREAS, Stantec Consulting Michigan Inc. has performed engineering services for a
number of Wastewater related projects over the past several years, including
Phases I - IV WWTP improvements; and
WHEREAS, the City has been satisfied with the engineering work that Stantec has provided
and desires to have Stantec retained to provide detailed design, bidding
assistance, and construction phase engineering services for the WWTP
Administration Building HVAC System Improvements at a proposed cost of
$21,900.00; and
WHEREAS, funds have been budgeted in Wastewater Fund Project WW1301 – HVAC System Replacement for this purpose; now therefore
RESOLVED, that sealed proposals are waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order to Stantec Consulting Michigan Inc. in an amount not to exceed $21,900.00 is hereby authorized for professional services to provide detailed design, bidding assistance, and construction phase engineering services for the WWTP Administration Building HVAC System Improvements; and
RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, DeShano Construction Company submitted a request for a conditional land use permit for a 49 unit senior apartment building located at 300 Joseph Drive located in an Office Service zoning district on 2.97 acres; and
WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on December 17, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and
RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on or before November 30, 2012 and to publish said notice on December 1, 2012. (Motion ADOPTED.)
Being no further business the meeting adjourned at 7:50 p.m.
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Selina Tisdale, City