August 12, 2013

 

A regular meeting of the City Council was held on Monday, August 12, 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

 

Mayor Donker disclosed she is Executive Director of the Reece Endeavor as it pertains to consent agenda items 8 and 9.

 

MINUTES

Approval of the minutes of the July 22, 2013 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 46

Director of Planning and Community Development Brad Kaye introduced Conditional Use Permit No. 46 – to consider a request from ArchiVerde Design, LLC to permit a one-family dwelling on property located at 502 Ashman Street.  A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, David Keyser of ArchiVerde Design, LLC submitted a request for a conditional land use permit for a one-family dwelling on a property located at 502 Ashman Street.  The property is zoned Office Service and is subject to the Downtown Northside Overlay District standards of the City of Midland Zoning Ordinance; and

WHEREAS, the City Planning Commission conducted a public hearing on July 9, 2013 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, contingent upon the following:

1.   One (1) single family dwelling shall be permitted on the property.

2.   One (1) driveway shall be permitted to Ashman Street.  Such driveway shall be limited to the existing driveway location provided that it shall be constructed to meet city standards. 

3.   Approval is granted to the proposed single family dwelling only.  Any additional uses of the property shall be reviewed and approved in accordance with the standards of the City of Midland Zoning Ordinance, including the requirements for site plan approval under Article 27.

In accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 46, in accord with documents provided and submitted at the meeting of July 15, 2013.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 47

Director of Planning and Community Development Brad Kaye introduced Conditional Use Permit No. 47 – to approve a request from Midland County Habitat for Humanity to permit a one-family dwelling on property located at 1013 East Pine Street.  A public hearing opened at 7:15 p.m.  Jennifer Chappel, Executive Director for Midland County Habitat for Humanity, spoke regarding the project.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

WHEREAS, Midland County Habitat for Humanity proposes to permit a one-family dwelling on a property located at 1013 East Pine Street, such property is zoned Residential B multiple-family by the City of Midland Zoning Ordinance, and a one-family dwelling is permitted only by way of conditional use permit review and approval; and

WHEREAS, the City Planning Commission conducted a public hearing on July 23, 2013 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, contingent upon the following: 

1.   One (1) single family dwelling shall be permitted on the property.

2.   One (1) driveway shall be permitted to Fournie Street.

3.   Approval is granted to the proposed single family dwelling only.  Any additional uses of the property shall be reviewed and approved in accordance with the standards of the City of Midland Zoning Ordinance, including the requirements for site plan approval under Article 27.

In accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 47, in accord with documents provided and submitted at the meeting of July 22, 2013.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

LABOR AGREEMENT - UNITED STEELWORKERS LOCAL 14009

Assistant City Manager for Human Resources Paula Whittington presented information on a three-year agreement with the United Steelworkers Local 14009.  Emily Clement, 5201 Dale Street, inquired about what cost savings this presents to the city. The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the United Steelworkers, Local 14009, for labor contract changes effective July 1, 2013 and expiring June 30, 2016; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

MERS ANNUAL MEETING

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that Ken Arthur be appointed officer delegate and Paula Whittington be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held October 1 through October 3, 2013 in Traverse City, Michigan.  (Motion ADOPTED.)

 

RELOCATION OF POLLING LOCATIONS

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, State of Michigan Election Law Act 116 of 1954 168.662 designates that the legislative body of each city, village and township shall designate and prescribe the place of holding an election; and

WHEREAS, opportunity to move Ward 1, Precincts 3, 5 and 6 from the Midland Civic Arena to the VFW Post 3651 located at 3013 Bay City Road and Ward 3, Precincts 2 and 4 from the American Legion Berryhill Post 165 to the Calvary Baptist Church facility located at 6100 Perrine Road has presented itself; and

WHEREAS, movement of these polling locations provides a more easily-located and spacious facility for voters; and

WHEREAS, this change will go into effect for the November 5, 2013 General Election; and

WHEREAS, the City Clerk’s office has presented a plan to notify voters of the polling location change utilizing local media, social media and mailing new voter identification cards as required by law; now therefore

RESOLVED, that the polling location for Ward 1 Precincts 3, 5 and 6 is hereby moved to the VFW Post 3651 located at 3013 Bay City Road; and

RESOLVED FURTHER, that the polling location for Ward 3, Precincts 2 and 4 is hereby moved to the Calvary Baptist Church facility located at 6100 Perrine Road.  (Motion ADOPTED.)

 

CCA APPOINTMENT - CHAPPEL

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that in accord with the Corridor Improvement Authority Act, Act 280 of PA 2005, the City Council confirms the appointment of Jennifer Chappel to the Center City Authority to fill a term to expire June 30, 2017.  (Motion ADOPTED.)

 

JOINT HOUSING CONSTRUCTION AGREEMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the Midland Public Schools administration has requested a joint project with the City of Midland and the Reece Endeavor of Midland, by having students in the Building Trades Class provide the labor for the construction of a two-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 1128-1130 East Haley Street has been selected and designed on property owned by the Reece Endeavor of Midland; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the city's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the Reece Endeavor of Midland shall pay to the City all material costs, contracted labor, and other incidental costs as agreed upon; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland, Midland Public Schools and the Reece Endeavor of Midland for this purpose.  (Motion ADOPTED.)

 

CDBG 2013-14 SUBRECIPIENT FUNDING AGREEMENTS

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the 2013-2014 Community Development Block Grant budget provides funds to Midland Area Homes, Council on Domestic Violence and Sexual Assault (Shelterhouse), Safe & Sound Child Advocacy Center, Cleveland Manor, West Midland Family Center, Reece Endeavor of Midland, Legal Services of Eastern Michigan, Community Mental Health for Central Michigan, Safe Haven, Education and Training Connection, Midland County Habitat for Humanity, Windover High School, The Open Door, Legacy Center for Community Success and Washington Woods Senior Living Community, for the purpose of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City.  (Motion ADOPTED.)

 

COOLING TOWER AND CHILLER INSTALLATION – LIBRARY

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of the chiller and cooling tower equipment and other mechanical modifications to the heating and cooling systems at the Grace A. Dow Memorial Library; and

WHEREAS, funds are available in the 2013-2014 Grace A. Dow Memorial Library; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with Remer Plumbing, Heating & Air Conditioning, Inc for installation of the chiller and cooling tower equipment and other mechanical modifications to the heating and cooling systems at the Grace A. Dow Memorial Library in an amount not to exceed $795,700 upon document approval by the City Attorney; 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 in total.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

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 13,602 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $40,479.55 executed by the Purchasing Agent on July 15, 2013, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

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 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $38,377.60 executed by the Purchasing Agent on July 23, 2013, is hereby approved.  (Motion ADOPTED.)

 

POLICE PATROL CARS PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, bids for light duty vehicles are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of three police patrol cars is included in the FY 2013-14 Equipment Revolving Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Snethkamp Dodge of Lansing, Michigan, in the amount of $70,918.29 for the purchase of three Dodge Charger police patrol cars in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

HVAC TEMPERATURE CONTROL SYSTEM REPLACEMENT – CITY HALL

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City Hall building was constructed in 1988 with a pneumatic control system to operate the heating and cooling equipment that provides the working environment in the facility; and

WHEREAS, it is favorable to replace this outdated equipment with a computer and web-based system that will provide better reliability and air quality while saving on energy costs; and

WHEREAS, Commercial Control Systems of Saginaw is the current provider of control equipment maintenance and has proposed a new system and assisted the City in securing substantial rebate funds from Consumers Energy to offset the majority of this expenses; now therefore

RESOLVED, that City Council awards the replacement of the current temperature controls with an updated system from Commercial Control Systems in the amount of $31,324.  (Motion ADOPTED.)

 

PROPOSED WATER ENTERPRISE FUND BUDGET AMENDMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, August 26, 2013, in the Council Chambers of City Hall on the proposal to amend the 2013/14 Water Enterprise Fund budget to increase revenues by $625,000.00 from working capital, and to increase appropriations for Water Main upgrades on East Ashman Street ($410,000.00) and Washington Avenue ($215,000.00).  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk