March 25, 2013

 

A regular meeting of the City Council was held on Monday, March 25, 2013, 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 Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the March 11, 2013 regular and March 13 and 20, 2013 special meetings was offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm.  (Motion ADOPTED.)

 

ARBOR DAY IN THE CITY OF MIDLAND

Director of Public Services Karen Murphy presented information on Arbor Day.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Friday, April 26, 2013, as Arbor Day in the City of Midland.  (Motion ADOPTED.)  Mayor Donker presented Karen Murphy with the proclamation.

 

PUBLIC COMMENTS

No public comments were made.

 

FINAL PLAT   TROTTER’S POINTE

Director of Planning and Community Development Brad Kaye presented the Final Plat of Trotter’s Pointe, a residential subdivision of 19 lots on 5.89 acres located east of Congress Drive on the south side of East Wheeler Street. Richard Fosgitt spoke on behalf of the developer, Midland Building Company.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the Final Plat of Trotter’s Pointe is in general conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Trotter’s Pointe in accordance with Section 23-19 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

SITE PLAN NO. 314 – TWILIGHT MOTEL

Director of Planning and Community Development Brad Kaye presented Site Plan No. 314 – for an expansion at the Twilight Motel located at 4659 South Saginaw Road.   Speaking in opposition to the Site Plan were Dean Noack, 1726 Fieldcrest Lane; Maryellen Noack, 1726 Fieldcrest Lane; Norbert Clark, 4679 S. Saginaw Road; Greg James, 4616 Bailey Bridge Road; Jerry Kerns, 1374 S. Bus Road; Kristy Dice, former resident of the area; Diane Dinsmore; Adam Kerns, 1374 S. Bus Road.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 314, the request of MLR Engineering, on behalf of Niche Properties for site plan review and approval for an expansion at the Twilight Motel, located at 4659 South Saginaw Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 314 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 314, contingent upon the following:

1.   Storm water management permit fees shall be paid prior to any site work commences. 

2.   A soil and sedimentation control plan shall be submitted. 

(Motion DENIED.  Yeas:  None   Nays:  Adams, Brooks, Brown Wilhelm, Donker, Wazbinski)

 

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

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

 

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

           Broadhead Drive                  from W. Line Broadhead Estates #5 to E. Line Broadhead Estates #5

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

           Pinehaven Circle                 from Foster Road to East end cul-de-sac

; and

WHEREAS, Broadhead Drive and Arrowhead Circle are in the recorded plat of Broadhead Estates No. 5; and

WHEREAS, Pinehaven Circle is in the recorded plat of Pinehaven Estates; and

WHEREAS,  said streets were constructed and open to traffic prior to December 31, 2012; 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.)

 

REAPPOINTMENT OF INCUMBENTS TO VARIOUS BOARDS AND COMMISSIONS

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

 

WHEREAS, City staff has contacted all boards and commissions members whose terms expire June 30, 2013, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2013 for three (3) year terms ending June 30, 2016

James Pollack, Aviation Advisory Commission, Citizen at Large

Scott Cochran, Cable Access Advisory Commission, MPS Rep.

David Carlson, Dial-A-Ride Advisory Commission, Senior Rep.

Laura Peterson, Library Board, MPS Rep.

Michael Burhans, Library Board, Citizen at Large

Maxine Brink, Library Board, Township Rep.

Kristen Bovid, Parks & Recreation Commission, Citizen at Large

Patty Carlson, Parks & Recreation Commission, Citizen at Large

Lowell McLaughlin, Planning Commission, Citizen at Large

Ray Senesac, Planning Commission, Citizen at Large

Judd Tanzini, Planning Commission, Citizen at Large

Mike Storey, West Main Street Historic District Commission, Historic Society Rep.

Tim Lichtenwald, Zoning Board of Appeals, Citizen at Large

Richard Siemer, Zoning Board of Appeals, Citizen at Large; and

RESOLVED FURTHER, that City Council hereby reappoints Donald Acker, Board of Review, for a Citizen at Large term beginning May 1, 2013 and ending April 30, 2016; and

RESOLVED FURTHER, that City staff is directed to begin disseminating information regarding the remaining boards and commissions vacancies.  (Motion ADOPTED.)

 

AGREEMENT CREATING THE MIDLAND COUNTY CENTRAL DISPATCH AUTHORITY

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

 

WHEREAS, Midland County and the City of Midland created the “Midland County Central Dispatch Authority” (“MCCDA”) by passage of an “Agreement Creating the Midland County Central Dispatch Authority” (“Agreement”) in order to provide dispatch services within the County; and

WHEREAS, MCCDA continues to serve a critical function as the primary public service answering point pursuant to the Midland County 911 Plan despite the fact that the Agreement automatically expired by its terms on January 1, 2002; and

WHEREAS, MCCDA is funded through a millage that is effective until December 31, 2016, and extending the Agreement until December 31, 2013, will give the County and City sufficient time to modify and update the Agreement; now therefore

RESOLVED, that the Agreement is modified to extend the termination date of the Agreement from January 1, 2002 until December 31, 2013 and that this modification is made retroactive to January 1, 2002; and

RESOLVED FURTHER, that in all other respects the provisions of the Agreement are ratified.   (Motion ADOPTED.)

 

LIBRARY BOARD - PHILLIPS RESIGNATION

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

 

RESOLVED, that the resignation of Suzanne Phillips as a member of the Grace A. Dow Memorial Library Board is hereby accepted effective June 1, 2013, and the Administration is directed to convey the Council’s appreciation to Mrs. Phillips for her service on this important Board.  (Motion ADOPTED.)

 

2013 WACKERLY WATER MAIN REPLACEMENT & JEFFERSON AVE WIDENING

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of the water main on Wackerly Street from Indian Ridge to Elliott Court, installation of a new water main across Highway US-10, widening of Jefferson Avenue at the intersection of  Wackerly Street, and resurfacing of Jefferson Avenue from the Highway US-10 overpass to Joe Mann Boulevard; and

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

RESOLVED, that the low sealed proposal submitted by Malley Construction, Inc. of Mt. Pleasant, Michigan, for the "2013 Wackerly Water Main Replacement and Jefferson Avenue Widening, Contract No. 13", in the indicated amount of $542,687.34, 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.)

 

ROOFTOP AIR HANDLER REPLACEMENT – SERVICE CENTER

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Municipal Service Center Rooftop Air Handler Replacement, Bid No. 3501; and

WHEREAS, funding for this project is included in the FY 2012-13 Capital budget for the Municipal Service Center; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to MJ Mechanical of St. Charles, Michigan in the amount of $69,200.00, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders up to $5,000 for the project.  (Motion ADOPTED.)

 

NEIGHBORHOOD PARKS PLAYGROUND EQUIPMENT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of play equipment for twelve neighborhood parks, Bid No. 3507; and

WHEREAS, the FY 2012-13 General Fund was amended by City Council on October 29, 2012 to recognize a grant from the Midland Area Community Foundation’s Dorothy L. Ludington Children’s Fund to be used for the purchase of the play equipment with matching funds already included in the budget for installation of fall protection material; now therefore

RESOLVED, that the bid meeting City specifications submitted by Miracle Midwest of Okemos, Michigan for the purchase of play equipment for twelve neighborhood parks is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Miracle Midwest in the amount of $96,468.00 in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 

PARK MOWING SERVICES

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing mowing services for various park properties within the City of Midland; and

WHEREAS, the original bid period covered a one year period with an option to extend the bid for an additional two years if staff was satisfied with the results, and while sufficient funds have been appropriated for fiscal year 2012-13, extension of the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Lawns and Mower LLC of Midland, MI in the amount of $12,000 for the purchase of park mowing services for the remainder of fiscal year 2012-13; and

RESOLVED FURTHER, that the purchasing agent is authorized to issue a purchase order in the amount of $30,000 for the months of July through October 2013, provided that funds are appropriated in the fiscal year 2013-14 parks budget.  (Motion ADOPTED.)

 

CHILLER REPLACEMENT – GRACE A. DOW MEMORIAL LIBRARY

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a chiller at the Grace A. Dow Memorial Library; and

WHEREAS, funds are available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the low sealed proposal to purchase a chiller for the Grace A. Dow Memorial Library submitted by Johnson Controls in the adjusted amount of $80,330.00 is hereby accepted and the Purchasing Agent authorized to issue a purchase order.  (Motion ADOPTED.)

 

COOLING TOWER – GRACE A. DOW MEMORIAL LIBRARY

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances to purchase a cooling tower for the Grace A. Dow Memorial Library; and

WHEREAS, funds are available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the low sealed proposal to purchase a cooling tower for the Grace A. Dow Memorial Library submitted by SPX Cooling Technologies in the amount of $22,500.00 is hereby accepted and the Purchasing Agent authorized to issue a purchase order.   (Motion ADOPTED.)

 

ZONING PETITION NO. 584

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 26, 2013 for property located at 400/410 North Saginaw Road for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Residential A-1 single-family residential district to Residential B multiple-family district zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 29, 2013, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of 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 notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on or before April 12, 2013 and to publish said notice on April 13, 2013. 

 

 

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 MAP TO PROVIDE A RESIDENTIAL B ZONING WHERE A SINGLE-FAMILY 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:

LOTS 21, 22 AND THAT PART OF LOT 20 LYING SW OF NE LN OF 19 AND 21 EXT ROSS SUB.

LOT 35 ASSRS PLAT NO. 2

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.  (Motion ADOPTED.  Considered first reading.)

 

SARA DISTRICT

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

 

RESOLVED, that the City Manager is directed to prepare a preliminary report on the request for renewal of the  Shopping Area Redevelopment Act (SARA) assessment for Downtown Midland District and;

RESOLVED FURTHER, that a public hearing of necessity on this matter be scheduled for Monday, April 8, 2013.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk