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 |
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.)
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.
No public
comments were made.
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.)
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
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)
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:
Arrowhead
Circle from Broadhead Drive to North end of 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.)
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
RESOLVED,
that the
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Brown Wilhelm:
WHEREAS,
a public hearing was held by the
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.)
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