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.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 12, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

2012 FIRE FIGHTER OF THE YEAR

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.

 

2012 POLICE OFFICER OF THE YEAR

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 E-CITIES  AWARD PRESENTATION

Midland Tomorrow Executive Director Scott Walker and Vice President of Business Development Carol Miller gave a presentation on Midland’s eCities award.

 

PUBLIC COMMENTS

No public comments were made.

 

METROPOLITAN PLANNING ORGANIZATION

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.)

 

2012 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORPORATION ANNUAL FINANCIAL STATEMENT AND AUDITORS’ REPORT DATED JUNE 30, 2012

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.)

 

BROWNFIELD REDEVELOPMENT FINANCING AUTHORITY – VELASQUEZ REAPPT

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.)

 

PROFESSIONAL ENGINEERING SERVICES – WWTP HVAC SYSTEM REPLACEMENT

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.)

 

CONDITIONAL USE PERMIT NO. 43

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 Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

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.

 

 

 

______________________________________

            Selina Tisdale, City Clerk