April 29, 2013

 

A regular meeting of the City Council was held on Monday, April 29, 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 April 8, 2013 regular and April 22, 2013 special meetings was offered by Councilman Brown Wilhelm and seconded by Councilman Adams.  (Motion ADOPTED.)

 

IN HIS SERVICE CIRCLE DAY

Communications Coordinator Libby Richart introduced Linda Hutchison and Lori Jackson from the International Order of the King’s Daughters and Sons.  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating Monday, May 13, 2013, as In His Service Circle Day in the city of Midland, and thanking the organization for its outstanding service to the Midland community for the last 100 years.  (Motion ADOPTED.)  Mayor Donker then presented Ms. Hutchison and Ms. Jackson with the proclamation.

 

ZONING PETITION NO. 584

Consultant Planner Cindy Winland presented information on Zoning Petition No. 584 – rezoning property at 400/410 North Saginaw Road from Residential A-1 Single-Family Residential District to Residential B Multiple-Family District zoning.  A public hearing opened at 7:31 p.m.   Matt Rapanos, representing Prodo Inc., spoke regarding the project.  Speaking in opposition to the project were:  Wayne Barrett, 920 Balfour; Michelle Vouaux, 3718 Leonard Lane; Mark Sands, 314 W. St. Andrews; Debbie Sands, 314 W. St. Andrews.  Mike Rapanos, 3736 Juliann and representing the developer, spoke in favor of the project.  The public hearing closed at 8:05 p.m.   The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

ORDINANCE NO. 1746

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 with the following conditions:

1.  Use of the property shall be limited to 4 duplex buildings.

2.  All other uses permitted in Residential B zoning shall be excluded.

3.  A maximum of one driveway shall be permitted for the property.

4.  Screening shall be provided on all three sides of the property. 

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.  Yeas:  Adams, Brooks, Brown Wilhelm, Wazbinski   Nays:  Donker)

 

PROPOSED 2013-14 CITY BUDGET

Assistant City Manager for Financial Services David Keenan introduced the City Manager’s Proposed 2013-14 Budget.   A public hearing opened at 8:38 p.m., recognizing no public comments, the hearing closed at 8:38 p.m.  

Larry Pillepich, 3602 McKeith Street, spoke regarding the budget at 9:00 p.m. after the public hearing closed.  

 

2012-13 BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

Assistant City Manager for Financial Services David Keenan presented an amendment to the 2012-13 Budgets and Financial Working Plans.  A public hearing opened at 8:55 p.m., recognizing no public comments, the hearing closed at 8:55 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, in accord with Sections 5.11 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice and having conducted a public hearing on Monday, April 29, 2013 on the proposal to amend the 2012-13 budgets and financial working plans to reflect the estimates submitted during the 2013-14 budget process; now therefore

RESOLVED, the budgets and working plans of the City of Midland be amended as follows:

 









(Motion ADOPTED.)

2013 SARA PUBLIC HEARING OF NECESSITY

City Assessor Reid Duford presented information on the 2013 Downtown Economic Revitalization Public Improvement Special Assessment District.  A public hearing of necessity on the assessment district opened at 9:20 p.m., recognizing no public comments, the hearing closed at 9:20 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown Wilhelm:

 

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated April 8, 2013, said district being:

          That area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17,

          the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West

          Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the

          Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the

          Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of

          Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all

          within the City of Midland, Midland County, Michigan.

and has heretofore established one special assessment district designated:

"2013 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 29, 2013, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of thirty-six thousand twenty-two and 00/100 dollars ($36,022.00) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to thirty-six thousand twenty-two and 00/100 dollars ($36,022.00) shall be borne and paid by special assessment on all lands and premises in said 2013 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"2013 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT  DISTRICT"         

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2013 SARA SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented information on the Shopping Area Redevelopment Act special assessment roll and required public hearing on said roll.  The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "2013 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the twentieth day of May, 2013, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twentieth day of May, 2013, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor's Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 316

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 316, the request of Three Rivers Corporation, on behalf of MidMichigan Health for site plan review and approval for rehab and dementia care that would add an additional 20 beds at Stratford Village, located at 2121 Rockwell Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 316 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. 316, contingent upon the following:

1.   Final stormwater design detail shall be provided to the satisfaction of the City Engineering Department.

2.   Water service to the satisfaction of the City Engineering and Utility Departments shall be provided and appropriate utility easements conveyed to the City of Midland.

3.   A final soil and sedimentation control plan shall be submitted to the City Building Department.

4.   That all required parking lanes on the property be appropriately signed and parking thereon be prohibited to the satisfaction of the City Fire Department. 

(Motion ADOPTED.)

 

“RIVER ASSESSMENT AND FLOOD WARNING PROCEDURES, TITTABAWASSEE RIVER AND TRIBUTARIES”

Utilities Director Noel Bush presented information on the “River Assessment and Flood Warning Procedures, Tittabawassee River and Tributaries” report as an official plan of the City of Midland.   The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, the City of Midland, Michigan has experienced flooding disasters that have damaged commercial, residential and public properties;  displaced citizens and businesses, closed streets and bridges, and threatened the health and safety of the general public; and

WHEREAS, Midland County has prepared a report titled, “River Assessment and Flood Warning Procedures, Tittabawassee River and Tributaries” that was last revised in January 2012; and

WHEREAS,  adoption of  this report by the City of Midland is required for credit in the FEMA Community Rating System to help reduce flood insurance costs for residents of the City; now therefore

RESOLVED, that the “River Assessment and Flood Warning Procedures, Tittabawassee River and Tributaries” report is hereby adopted as an official plan of the City of Midland, Michigan.   (Motion ADOPTED.)

 

FAST AND FURRIEST 5K RUN/WALK EVENT

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

 

RESOLVED, that the request from the Great Lakes Bay Animal Society (GLBAS) to host the 1st annual Fast and the Furriest 5K Run/Walk fundraising event on Saturday, May 4, 2013, utilizing City Forest, using amplified sound and charging an entry fee, is hereby approved subject to the following conditions:

·         Event organizer must provide certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Additional Insured for the date of the event.  The certificate must be submitted to the City Engineer’s Office as soon as possible.

·         Use of City Forest is non-exclusive and there may be other people utilizing the area.

·         Walkers must clean up after their dogs and keep their dogs under their control per park rules.

·         Chalet and PA system must be arranged through City Parks and Recreation Department.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests for the event provided it is conducted in substantially the same manner.  (Motion ADOPTED.)

 

IKE’S MOBILE KAYAK RENTALS RIBBON CUTTING & FREE PADDLE DAY

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

 

RESOLVED, that the request from Glen Isenhart of Ike’s Mobile Kayak Rentals seeking permission to hold a ribbon cutting ceremony on Friday, May 3, 2013 and a free paddle day on Saturday, May 4, 2013 utilizing the Farmers Market is hereby approved subject to the following conditions:

·         Event organizer must provide certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Additional Insured for the dates of the two events.  The certificate must be submitted to the City Engineer’s Office as soon as possible.

·         Use of the Farmers Market and Tridge area is non-exclusive and there may be other people utilizing the area.

·         Advertisements may not be affixed to the Tridge.

(Motion ADOPTED.)

 

DIAL-A-RIDE ADVISORY COMMISSION – OLSON APPOINTMENT

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

 

RESOLVED, that Richard Olson is hereby appointed to the Dial-A-Ride Advisory Commission as the Midland County Council on Aging Representative for a term expiring on June 30, 2016.  (Motion ADOPTED.)

 

POOL CHEMICALS PURCHASE

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

 

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 pool chemicals, on Bid No. 3512 dated April 9, 2013; and

WHEREAS, the low bid meeting City specifications was submitted by Midland Pool & Recreation of Midland, Michigan; and

WHEREAS, staff has been satisfied with Midland Pool & Recreation’s performance in supplying pool chemicals on an as needed basis in prior years; and

WHEREAS, sufficient funds are included in the Plymouth Pool budget in the Recreation Fund for the purchase of the pool chemicals; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Midland Pool & Recreation of Midland, Michigan in the amount of $26,460. (Motion ADOPTED.)

 

STREET TREE REPLACEMENT

The following resolution was offered by Councilman Brown Wilhelm 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. 3420, “Street Tree Replacement”; and

WHEREAS, the selected bidder, Agroscaping, Inc. of Swartz Creek, Michigan has agreed to extend the unit prices for additional plantings to be done this spring; and

WHEREAS, adequate funding for the planting of replacement trees is included in the 2012-2013 Forestry budget; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Agroscaping, Inc. of Swartz Creek, Michigan not to exceed $25,000.00 for the planting of replacement trees in the city rights-of-way in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm 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 13,401 gallons of E10 ethanol blend unleaded fuel from Foster Blue Water Oil of Bay City, Michigan for $38,375.10 executed by the Purchasing Agent on April 9, 2013, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED AND DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm 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 1,151 gallons of E10 ethanol blend unleaded and 11,454 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $36,973.25 executed by the Purchasing Agent on April 18, 2013, is hereby approved.  (Motion ADOPTED.)

 

EMERSON PARK PAVILION CONSTRUCTION

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for construction of a picnic pavilion at Emerson Park, Bid No. 3521; and

WHEREAS, the FY 2012-13 General Fund was amended by City Council on January 21, 2013 to recognize a grant from The Herbert H. and Grace A. Dow Foundation to be used for construction of the pavilion; now therefore

RESOLVED, that the bid meeting City specifications submitted by Central Concrete of Midland, Michigan for construction of a picnic pavilion at Emerson Park is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Central Concrete in the amount of $38,412.00 in accord with this resolution, the proposal selected and City specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders up to $2,500 for the project.  (Motion ADOPTED.)

 

INVENTORY WATER FITTINGS PURCHASE

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

 

WHEREAS, sealed bids for Bid No. 3514, Mechanical Joint Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the complete low bid received from ETNA Supply Co. of Grand Rapids, Michigan to be acceptable, and recommends award for inventory purchases of water fittings; and

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

RESOLVED, that a purchase order is hereby authorized to ETNA Supply Co. of Grand Rapids in an amount not to exceed $28,310.00; and

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

 

RAW WATER PUMP UPGRADE ENGINEERING SERVICES – WATER PLANT

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

 

WHEREAS, in May 2012, Council awarded a contract to Fishbeck, Thompson, Carr & Huber (FTC&H) of Grand Rapids, Michigan for engineering design and bid services for the Water Treatment Plant Raw Water Pump Upgrade; and

WHEREAS, during the design phase of the improvement project, FTC&H recommended replacement of the motor control centers for the pumps, expanding the new scope of services to the original proposal and design of the project; and

WHEREAS, funding is available in Project WP1203 – Raw Water Pump Upgrade; now therefore

RESOLVED, that the increase of $12,750.00 to the existing purchase order in the amount of $38,987.00 to Fishbeck, Thompson, Carr & Huber is hereby approved, bringing the total amount of the purchase order to $51,737.00, for additional costs associated with expanding the scope of services to the original proposal and design of the Raw Water Pump Upgrade project.  (Motion ADOPTED.)

 

BARSTOW AIRPORT TERMINAL APRON PAVEMENT RECONSTRUCTION

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

 

WHEREAS, Michigan Department of Transportation (MDOT) Contract No. 2013-0183 for the design of pavement repair on the terminal apron and entrance streets at Jack Barstow Municipal Airport has been submitted to the City of Midland; and

WHEREAS, the City of Midland supports having said design services rendered; and

WHEREAS, the contract stipulates that the City contribute 5.0 % of the $40,700 project cost or $2,014; and

WHEREAS, funding for the project is provided in the Airport Budget; now therefore

RESOLVED, that the City Council hereby approves MDOT Contract No. 2013-0183 and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland.   (Motion ADOPTED.)

 


2013 SURFACE TREATMENT AND CRACK SEALING PROGRAM

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack sealing of local and major streets; and

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

RESOLVED, that the low sealed proposal with adjusted quantities submitted by Highway Maintenance & Construction Company, Inc. of Romulus, Michigan for the "2013 Surface Treatment & Crack Sealing Program; Contract No. 4", in the amount of $500,000 based upon current funding levels 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 any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk