September 9, 2013

 

A regular meeting of the City Council was held on Monday, September 9, 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 August 26, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

CULTURAL AWARENESS MONTH

Communications Coordinator Libby Richart introduced Kevin Kendrick of the Midland Area Community Foundation’s Cultural Awareness Committee.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating October 2013 as Cultural Awareness Month in the city of Midland and urging all citizens to celebrate and promote the Midland community’s splendid cultural diversity.   (Motion ADOPTED.)  Mayor Donker presented Mr. Kendrick with the proclamation. 

 

PUBLIC COMMENTS

No public comments were made.

 

FIREWORKS ORDINANCE AMENDMENT (1ST Reading)

City Attorney James Branson presented information on an ordinance amending Section 16-34 -Fireworks.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 16-34 OF CHAPTER 16 THEREOF.

The City of Midland Ordains:

Section 1.  Section 16-34 is hereby amended to read as follows:

Sec. 16-34. Fireworks.

(a) Definitions.

Consumer fireworks means fireworks devices that are designed to produce visible or audible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

Firework or fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designated for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.  Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

Novelties means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:

(1)               Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cup.

(2)               Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (1) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion. 

(3)               Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

(b)  Prohibition on use of consumer fireworks.

No person shall ignite, discharge or use consumer fireworks within the city, except this prohibition shall not preclude any person from the ignition, discharge, and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of Public Act 256 of 2011 and all other applicable local, state, or federal regulations.  A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission.  The ignition, discharge or use of consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m. on the day preceding, the day of, or the day after a national holiday is strictly prohibited. 

 (c)

It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, keep with the intent to sell at retail, or sell at retail to any person who has not yet attained the age of eighteen (18) years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of unmanned balloon which requires fire underneath to propel the same; firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs or other fireworks of like construction; or any fireworks containing any explosive or inflammable compound or any tablets or other devices commonly used and sold as fireworks, containing nitrates, chlorates, oxolates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound containing any of the same or other modern explosives.

(d)

Not included within the foregoing prohibition are model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models. Also not included are sparklers containing not more than one hundred twenty-five ten thousandths (.0125) pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth (1/8) inch in diameter, toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than twenty-five hundredths (.25) of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times.

(e)  Enforcement.

The Fire Chief, his designees and/or sworn law enforcement officers are authorized to enforce the provisions of this ordinance.

(f)  Severability.

The various parts, sections and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the ordinance shall not be affected.

(g)  Repeal.

All regulatory fireworks provisions contained in other city ordinances which are inconsistent with the provisions of this ordinance are repealed.

Section 2.  This ordinance shall take effect on publication.  (Motion ADOPTED.  Considered first reading.)

 

SEWER CONNECTION CHARGES ORDINANCE AMENDMENT (1ST Reading)

Utilities Director Noel Bush presented information on an ordinance amending Section 28-182 of Division 4 of Article III of Chapter 28 – Sewer Capital Charges.   Chad Moody, President of the Midland Area Home Builder’s Association (HBA), spoke in support of the four-year phase in process.  Jody Sasse, Executive Officer of the HBA, also spoke in favor of the implementation process presented by staff.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-182 OF DIVISION 4 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-182 of Division 4 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-182. Sewer connection charges.

Sewer connection charges shall be made in accordance with the provisions of Chapter 21, entitled "Rates, Charges and Fees," of this Code.

In addition to any other sewer connection charges, a one-time sewer system Capital Charge shall be paid in advance of connection in accordance with the following schedule SCHEDULES.

Metered Service

Amount

 

     5/8" – 3/4"

 $3,250.00

1"

 4,225.00

1 – 1/2"

 5,200.00

2"

 8,450.00

3"

 32,500.00

≥ 4"__

 42,250.00

For residential new construction:

AMOUNTS / EFFECTIVE DATES

METERED SERVICE

10/1/2013

1/1/2015

1/1/2016

1/1/2017

     5/8" – 3/4"

$812.50

$1,625.00

$2,437.50

$3,250.00

1"

$1,056.25

$2,112.50

$3,168.75

$4,225.00

Section 2.    This ordinance shall take effect October 1, 2013.  (Motion ADOPTED.  Considered first reading.)

 

NON-MOTORIZED TRANSPORTATION PLAN

Planning and Community Development Director Brad Kaye presented a resolution endorsing and adopting the updated Non-Motorized Transportation Plan as presented.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the first Non-Motorized Transportation Plan for the City of Midland was originally adopted by City Council on July 27, 2009; and

WHEREAS, in the four years that have followed, the plan has been largely implemented through on-street bike lane improvements and wide-spread community education and involved initiatives; and

WHEREAS, the Non-Motorized Transportation Committee held two open houses on July 9 and July 17, 2013; and

WHEREAS, the Non-Motorized Transportation Committee approved the updated Non-Motorized Transportation Plan at their August 13, 2013 meeting; and

WHEREAS, at its meeting on August 27, 2013, the City of Midland Planning Commission, after having conducted a public hearing, unanimously recommended adoption of the plan to the Midland City Council; now therefore 

RESOLVED, the City of Midland City Council hereby endorses and adopts the updated City of Midland Non-Motorized Transportation Plan as presented.  (Motion ADOPTED.)

 

SITE PLAN NO. 317 – FOXFIRE CONDOMINIUMS

Planning and Community Development Director Brad Kaye presented for site plan review and approval Site Plan No. 317 – Foxfire Condominiums, a 20 unit condominium development located at 5910 Powder Horn Trail.  Tom McCann, 3301 Jefferson Avenue, Tom McLand Company, LLC, spoke regarding the proposed project.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 317, the request of Apex Engineers on behalf of Tom McLand Company, LLC for site plan review and approval of Foxfire Condominiums, a 20 unit site condominium development, located at 5910 Powder Horn Trail; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 317 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. 317, contingent upon the following:

1.    Final engineering drawings to the satisfaction of the City Utility and Engineering Departments shall be provided.  Such plans shall include the extension of utility lines and sidewalks along the future road extension connecting to the adjacent property to the west of this site condominium.

2.    A final storm water management plan, including final design details of the detention pond, shall be submitted to the City Engineering Department.

3.    Fencing of the detention pond shall be required, in compliance with the City of Midland storm water ordinance, should side slopes exceed 1:6.

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

5.    Prior to construction, a secondary means of access suitable for emergency vehicle use shall be provided to the satisfaction of the City of Midland Planning and Engineering Departments. Such access shall be located along the common unit boundary between units 16 and 17, connecting to Wackerly Street.  The requirement for this secondary access shall be released by the City at such time as further access to the development is provided by way of a public roadway extending through the adjacent property to the west and connecting to Wackerly Street or another public street.

6.    Phasing of the project may be approved by the City Planning Department provided that the first phase of the development incorporates both the secondary access to Wackerly Street and the future road connection to the adjacent parcel to the west.

(Motion ADOPTED.) 

 

ANNEXATION OF PROPERTY – 6309 WEST WACKERLY FROM HOMER TWP

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SEC 01 T14N R1E COM 1326.37 FT W & 487.48 FT S OF N ¼ COR, TH S 585.02 FT, E 165 FT, N 407.92 FT, N 57D 37M E 219.19 FT, N 26D 52M W 60 FT, W 316.41 FT

 

 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer by the property owners who hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-13-01

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

 

RESOLVED, that Traffic Control Order No. R-13-01 filed July 3, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Airport Road from Sturgeon to a point 0.52 miles east of Barstow Drive shall be 45 mph. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-13-02

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

 

RESOLVED, that Traffic Control Order No. R-13-02 filed July 3, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Airport Road from a point 0.52 miles east of Barstow Drive to Eastman Avenue shall be 35 mph. 

is hereby made permanent.  (Motion ADOPTED.) 

 

TRAFFIC CONTROL ORDER S-13-01

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

 

RESOLVED, that Traffic Control Order No. S-13-01 filed June 27, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Cortland Street and Cortland Court shall stop for Vine Street. 

is hereby made permanent.  (Motion             ADOPTED.)

 

TRAFFIC CONTROL ORDER S-13-02

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

 

RESOLVED, that Traffic Control Order No. S-13-02 filed July 3, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

  That Dale Street and Dale Court shall yield to Vine Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-13-03

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

 

RESOLVED, that Traffic Control Order No. S-13-03 filed June 27, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

  That University Drive shall yield to Whiting Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-13-04

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

 

RESOLVED, that Traffic Control Order No. S-13-04 filed June 27, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

  That University Drive shall stop for West Main Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

AUTO PERFECTION – 1ST ANNUAL CAR/TRUCK & MOTORCYCLE SHOW BLOCK PARTY

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

 

RESOLVED, that the request from Jim Reinke, owner of Auto Perfection to host the 1st Annual Car/Truck & Motorcycle Show Block Party, on Saturday, September 14, 2013, closing part of Ashman Street, 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.

  • Engineering will write a Traffic Control Order for the lane closure on Ashman Street.

·         Department of Public Services will deliver the traffic control devices.

·         Organizers will man the traffic control devices.

; 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.)

 

CENTER CITY AUTHORITY – SHAFFNER APPOINTMENT

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

 

RESOLVED, that in accord with Sec. 30-16(a) of the Code of Ordinances, the City Council confirms the City Manager’s appointment of Gary Shaffner to the Center City Authority to fill an unexpired term to expire June 30, 2014.  (Motion ADOPTED.)

 

MBS INTERNATIONAL AIRPORT COMMISSION – BILTZ RESIGNATION

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

 

RESOLVED, that the resignation of George Biltz as a member of the MBS International Airport Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Biltz for his service on this important Commission.  (Motion ADOPTED.)

 

CONTRACTED LEGAL SERVICES – MAX ERA, INC. TAX APPEAL

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

 

WHEREAS, Max Era, Inc. has appealed the assessment of real property, commonly known as Evergreen Solar, for the 2012 and 2013 tax years with the Michigan Tax Tribunal; and

WHEREAS, the law firm of Braun, Kendrick, Finkbeiner, P.L.C. has been retained in assisting the City of Midland in its legal defense of this appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and, therefore, approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2013-2014 Legal Fees budget for general tax appeal cases; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the legal firm of Braun, Kendrick, Finkbeiner, P.L.C. for their assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $45,000. (Motion ADOPTED.)

 

GRACE A. DOW MEMORIAL LIBRARY INTERIOR RENOVATIONS

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

 

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

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

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with Three Rivers Corporation for interior improvements at the Grace A. Dow Memorial Library in an amount not to exceed $982,200 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.)

 

TRUCK-MOUNTED STREET SWEEPER

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

 

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

WHEREAS, funding for a street sweeper is included in the FY 2013/14 Equipment Revolving Fund budget for Capital Outlay – Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bell Equipment of Lake Orion, Michigan in the net amount of $238,875.00 for the purchase of a truck-mounted street sweeper in accordance with the State of Michigan Extended Purchasing Program proposal and specifications; and

RESOLVED FURTHER, that staff is authorized to sell existing City unit 487, a 2003 Elgin Eagle street sweeper, via auction.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,398 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $38,854.20 executed by the Purchasing Agent on August 26, 2013, is hereby approved.  (Motion ADOPTED.)

 

CATCH BASIN REPLACEMENT & MANHOLE REGRADES

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

 

WHEREAS, sealed proposals were advertised and received on September 3, 2013 in accord with Article II of Chapter 2 of the Midland Code of Ordinances for catch basin and manhole repairs within the City of Midland; and

WHEREAS, the low bid submitted by Sova Excavating of Midland, MI is acceptable to the department supervisors; and

WHEREAS, there are adequate funds in the Major and Local Street Funds to cover the cost of the project; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Sova Excavating of Midland, MI in the amount of $32,317.50 to replace catch basins and regrade manholes; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders not to exceed $5,000 for the project.  (Motion ADOPTED.)

 

MICROSOFT OFFICE LICENSES

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

 

WHEREAS, Microsoft Office software is on a five-year replacement plan and is scheduled for replacement this year; and

WHEREAS, pricing for new software has been obtained from the Federal GSA schedule and the National Intergovernmental Purchasing Alliance (NIPA) contract administered by CDW-Government; and

WHEREAS, sufficient funding exists in the Information Services Operations Fund, and its 2013-14 budget includes sufficient appropriations to pay the 2013-14 expenditures; now therefore

RESOLVED, that the City Council hereby approves payment to CDW-Government in the amount of $73,158.75 for Microsoft Office licenses.   (Motion ADOPTED.)

 

COUNCIL CHAMBERS TECHNOLOGY UPGRADE

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

 

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 a Technology Upgrade, Bid No. 3542; and

WHEREAS, funding for the AV equipment and assistive listening system is included in the 2013-14 MCTV Fund budget for Capital Outlay, Equipment and the City Hall Capital Improvements budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Pro Video Systems of Perrysburg, Ohio, in the net amount of $30,823 for the purchase of AV equipment and an assistive listening system for Council Chambers, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

PHASE III GAS COLLECTION AND CONTROL SYSTEM - LANDFILL

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

 

WHEREAS, the City of Midland Landfill operates a gas collection and control system to collect gas created during waste decomposition to control gas odor and pollution emissions, maintain regulatory compliance, and provide fuel for the City’s landfill gas to energy facility; and

WHEREAS, the system includes collection piping in closed and current landfill cells, and expands as new waste filling operations require; and

WHEREAS, sealed bids were opened on September 3, 2013 for Landfill – Phase III Gas Collection and Control System Expansion, Bid No. 3547 that includes excavation of waste and soils, drilling and installation of gas collection wells and piping in active landfill cells; and

WHEREAS, the proposals were evaluated and the low bid received from Catskill Remedial Contracting Services, Inc. of Otsego, with a total bid amount of $117,713.60, is acceptable; and 

WHEREAS, funding has been budgeted in the 2013/14 Landfill Enterprise Fund budget account #517.9010.97.002 – Capital Construction Projects; now therefore

RESOLVED, that the City of Midland authorizes the Mayor and City Clerk to execute a contract with Catskill Remedial Contracting Services, Inc., in the amount of $117,713.60, for the installation of a gas collection and control system expansion at the Landfill, subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

WATER SERVICE FITTINGS – E. ASHMAN WATER MAIN REPLACEMENT

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

 

WHEREAS, on August 26, 2013 Council awarded a contract to upsize and replace 2,205 lineal feet of 6-inch ductile iron water main at East Ashman Street, from Cambridge Street to Washington Street; and

WHEREAS, the City’s Water Distribution Department will supply the pipe, valves, hydrants, and parts, and will perform the excavation requirements to help control costs by not having to pay the typical mark-up to the contractor to supply the same supplies and services; and

WHEREAS, sealed bids for Bid No. 3549, East Ashman Street Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the low bid received from ETNA Supply Company of Grand Rapids to be acceptable, and recommends award for 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 Company, in an amount not to exceed $54,226.50; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $5,000.00.  (Motion     ADOPTED.)

 

MANHOLE REHABILITATION

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

 

WHEREAS, during manhole data collection as part of the City’s Geographic Information System (GIS) implementation, staff identified numerous manholes throughout the city and downtown area that are in need of rehabilitation; and

WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H2S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, in March 2012, Advanced Underground Inspections, LLC of Detroit was awarded the bid to provide for the reconstruction of sanitary manholes at specified unit prices, and has agreed to extend the unit costs to provide the necessary work to rehabilitate approximately 72 identified sanitary manholes; and

WHEREAS, funding for the rehabilitation work is available in the 2013/14 Wastewater fund account #590.9120.97.050 – Capital Outlay Sewer System; now therefore

RESOLVED, that a purchase order is authorized in the amount of $100,000.00 to Advanced Underground Inspections, LLC based on previously bid unit costs for the rehabilitation of approximately 72 sanitary manholes; and

RESOLVED FURTHER, that the City Manager has the authority to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

ZONING PETITION NO. 587

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, August 13, 2013 for property located at 6923 Perrine 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 (Larkin Township zoning) to RA-1 Residential Single Family; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 30, 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 September 13, 2013 and to publish said notice on September 14, 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 RA-1 RESIDENTIAL ZONING DISTRICT WHERE A RESIDENTIAL-A (LARKIN TOWNSHIP) 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:

PART OF THE SOUTHWEST ¼ OF SECTION 31, T15N, R2E, DESCRIBED AS; BEGINNING AT THE INTERIOR ¼ CORNER OF SAID SECTION 31; THENCE SOUTH 00D 00M 00S WEST, ALONG THE NORTH-SOUTH ¼ LINE, 318.00 FEET; THENCE NORTH 89D 11M 59S WEST, PARALLEL TO THE SOUTH 1/8 LINE, 418.00 FEET; THENCE SOUTH 00D 00M 00S WEST, PARALLEL TO SAID NORTH-SOUTH ¼ LINE, 478.00 FEET; THENCE NORTH 89D 11M 59S WEST, PARALLEL TO SAID SOUTH 1/8 LINE, 125.00 FEET; THENCE SOUTH 68D 12M 05S WEST, 285.16 FEET; THENCE SOUTH 00D 00M 00S WEST, PARALLEL TO SAID NORTH-SOUTH ¼ LINE, 398.75 FEET TO THE SOUTH 1/8 LINE; THENCE NORTH 89D 11M 59S WEST, ALONG SAID SOUTH 1/8 LINE, 899.63 FEET TO THE SOUTHEAST CORNER OF MIDLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 46, SOMERSET PINES SITE CONDOMINIUM, CITY OF MIDLAND, MIDLAND COUNTY; THENCE ALONG THE MIDLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 46, SOMERSET PINES SITE CONDOMINIUM LINE ON THE FOLLOWING 2 COURSES; NORTH 00D 45M 51S EAST, 691.71 FEET; THENCE NORTH 89D 56M 26S EAST, 300.24 FEET; THENCE SOUTH 89D 13M 40S EAST, 361.00 FEET; THENCE NORTH 00D 46M 17S EAST, 603.50 FEET TO THE EAST-WEST ¼ LINE, THENCE SOUTH 89D 08M 55S EAST, ALONG SAID EAST-WEST ¼ LINE, 1028.87 FEET BACK TO THE PLACE OF BEGINNING.

Be, and the same is hereby changed to Residential A-1.    

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.)

 

PROPOSED 2013-14 CDBG BUDGET AMENDMENT

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

 

WHEREAS, the City of Midland is expected to receive $226,754 in Community Development Block Grant (CDBG) funds for fiscal year 2013-14; and

WHEREAS, it is confirmed that the City has a fund balance of $283,852.82 that will be carried over from prior fiscal years; and

WHEREAS, on August 26, 2013, the Housing Commission unanimously recommended approval of amendments to the CDBG budget approved by the Midland City Council on May 6, 2013; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on October 14, 2013, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table (Attachment A).  (Motion ADOPTED.)

 

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

 

 

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            Selina Tisdale, City Clerk