November 25, 2013

 

A regular meeting of the City Council was held on Monday, November 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 November 11, 2013 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2014-15 BUDGET PREPARATION SCHEDULE

Assistant City Manager for Financial Services David Keenan presented the 2014-15 Budget Preparation Schedule.  The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the attached budget preparation schedule for the 2014-15 fiscal year is hereby received; and

RESOLVED FURTHER, that said budget preparation schedule shall be filed for public examination in the City Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at a time yet to be determined in the Council Chambers of City Hall on Saturday, January 11, 2014, for the purpose of setting Council goals for the 2014-15 fiscal year; and

RESOLVED FURTHER, that the City Manager, at the regular meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 13, 2014, shall adopt the goals for the 2014-15 fiscal year as established by City Council at the January 11, 2014 special meeting, and to review the proposed Engineering Priorities Listing and receive public input on the listing; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at 6:00 p.m. in the Council Chambers of City Hall on Monday, April 21, 2014, for the purpose of budget review; and

RESOLVED FURTHER, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 28, 2014, in the Council Chambers of City Hall, on the proposed 2014-15 budget; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, May 12, 2014, in the Council Chambers of City Hall on the proposed 2014-15 budget; and

RESOLVED FURTHER, that with respect to each meeting included herein the City Clerk shall give notice as provided by Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

2013 LOCC DETERMINATIONS

Director of Community Affairs Selina Tisdale introduced Roy Green, Vice Chair of the 2013 Local Officers’ Compensation Commission, and a resolution rejecting the 2013 Determinations as filed on October 29, 2013.  No action taken.

 

QUARTERLY FINANCIAL REPORT – JUNE 30, 2013

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

 

RESOLVED, that the quarterly financial information of the City of Midland, for the quarter and year ended June 30, 2013, is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

QUARTERLY FINANCIAL REPORT – SEPTEMBER 30, 2013

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

 

RESOLVED, that the quarterly financial information of the City of Midland, for the quarter ended September 30, 2013, is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

CITY AND COUNTY JOINT BUILDING AUTHORITY AUDIT – YEAR ENDED JUNE 30, 2013

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

 

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2013 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

DDA APPOINTMENT - ARNOLD

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Bobbie Arnold to the Downtown Development Authority to fill a term to expire May 1, 2016. (Motion ADOPTED.)

 

INTERNATIONAL FIRE CODE BOARD OF APPEALS – BOARD APPOINTMENTS

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

 

RESOLVED, that in accord with Article II, International Fire Code Board of Appeals, Section 108.1.2, Term of office, the City Council confirms the appointment effective January 1, 2014 of Jerry Davis to the International Fire Code Board of Appeals to fill a term to expire June 30, 2014; and

RESOLVED FURTHER, that the City Council confirms the appointments of Keith Wirth and Grant Helms to the International Fire Code Board of Appeals for terms expiring June 30, 2015 and June 30, 2016, respectively.  (Motion ADOPTED.)

 

1606 JEFFERSON AVENUE – POTENTIAL SALE

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

 

 

 
WHEREAS, the City of Midland acquired property at 1606 Jefferson Avenue through the use of Community Development Block Grant (CDBG) funds; and

WHEREAS, the acquisition of 1606 Jefferson Avenue was for the purpose of eliminating a blighted structure, which has since been removed; and

WHEREAS, interest in the purchase of 1606 Jefferson Avenue has been expressed to city staff; and

WHEREAS, no further public interest has been identified by city staff for the property; now therefore

RESOLVED, that the potential sale of city-owned property located at 1606 Jefferson Avenue is hereby referred to the Housing Commission for their report and recommendation.  (Motion ADOPTED.)

 

MCTV GRANT FOR FIELD CAMERAS

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

 

WHEREAS, the City of Midland has been awarded a grant in the amount of $25,000 from the Friends of MCTV for the purchase of field cameras by Midland Community Television; now therefore

RESOLVED, that the City Council of the City of Midland graciously accepts this grant of $25,000 from the Friends of MCTV.  (Motion ADOPTED.)

 

WEBSITE REDESIGN AND HOSTING SERVICES

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

 

WHEREAS, the City of Midland’s current website is in need of replacement with a new and improved website that will be easier for users to navigate, more efficient for City staff to manage, and provide a wide variety of services to the citizens of the city of Midland; and

WHEREAS, feedback from City employees and citizenswas solicited to ensure that the final product would meet their high standards and expectations;and

WHEREAS, pricing for website redesign and hosting services has been obtained through a request for proposal on July 23, 2013; and

WHEREAS, based on thorough vendor evaluations, staff review of the demonstration websites, and feedback from other municipal customers, it has been determined that CivicPlus most closely meets the City’s needs; 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 CivicPlus in the amount of $41,424.00, and authorizes the Mayor and City Clerk to sign the contract for website redesign and hosting services.  (Motion ADOPTED.)

 

PUMP STATION SUBMERSIBLE PUMP REPLACEMENTS

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

 

WHEREAS, a project is underway that will replace the existing sanitary pump station serving the City of Midland Landfill, Humane Society, and the buildings on the site formerly known as Dow Agriculture; and 

WHEREAS, the purchase of necessary valves, piping, fittings, pumps, and standby generator are to be bid separately, with the installations to be provided in-house by Utilities staff; and

WHEREAS, sealed bids for Bid No. 3582, Submersible Pumps and Accessories, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lone bid received from Kennedy Industries, Inc. of Milford for (2) Flygt NP-3153 submersible pumps, (1) Flygt NP-3085, and accessories, in the amount of $48,060.00, meets City specifications; and

WHEREAS, funding has been budgeted for the construction of a new upgraded Landfill Pump Station in the 2013/14 Landfill Enterprise Fund, account #517.9010.97.002 – Capital Outlay Construction; now therefore

RESOLVED, that a purchase order to Kennedy Industries, Inc. in the amount of $48,060.00 for the supply of three submersible pumps, to be installed by Utilities staff in the new Landfill Pump Station, is hereby authorized.  (Motion ADOPTED.)

 

PUMP STATION VALVES, PIPING AND FITTINGS

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

 

WHEREAS, a project is underway that will replace the existing sanitary pump station serving the City of Midland Landfill, Humane Society, and the buildings on the site formerly known as Dow Agriculture; and 

WHEREAS, the purchase of necessary valves, piping, fittings, pumps, and standby generator are to be bid separately, with the installations to be provided in-house by Utilities staff; and

WHEREAS, sealed bids for Bid No. 3581, Valves, Piping, and Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the lone bid received from Michigan Pipe & Valve of Saginaw to be acceptable, and recommends award for purchases of the valves, piping, and fittings; and

WHEREAS, funding is provided in the 2013/14 Landfill Enterprise Fund, Account #517.9010.97.002 - Capital Outlay Construction; now therefore

RESOLVED, that a purchase order is hereby authorized to Michigan Pipe & Valve in an amount not to exceed $27,470.00 for the supply of valves, piping, and fittings to be installed by Utilities staff in the new Landfill Pump Station; 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.)

 

PUMP STATION STANDBY GENERATOR

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

 

WHEREAS, a project is underway that will replace the existing sanitary pump station serving the City of Midland Landfill, Humane Society, and the buildings on the site formerly known as Dow Agriculture; and 

WHEREAS, the purchase of necessary valves, piping, fittings, pumps, and standby generator are to be bid separately, with the installations to be provided in-house by Utilities staff; and

WHEREAS, sealed bids for a Standby Generator, Bid No. 3570, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the two lowest bids received from Wolverine Power and Gen Power were rejected primarily because neither met the minimum horsepower needed to run the Landfill Pump Station pumps in all load conditions; and

WHEREAS, the next lowest bid submitted by Cummins Bridgeway in the amount of $28,982.00 for a Cummins 60DGHDB generator meets City specifications and is recommended by the City’s consultant on the new pump station project; and

WHEREAS, funding has been budgeted for the construction of a new upgraded Landfill Pump Station in the 2013/14 Landfill Enterprise Fund, account #517.9010.97.002 – Capital Outlay Construction; now therefore

RESOLVED, that the two lowest bids received from Wolverine Power and Gen Power are rejected for non-compliance with City specifications, and the third low bid received by Cummins Bridgeway of Gaylord for the purchase of a Cummins 60DGHDB fixed standby generator, to be installed by Utilities staff at the new Landfill Pump Station, is hereby accepted and a purchase order in the amount of $28,982.00 is authorized.  (Motion ADOPTED.)

 

PUBLIC SERVICES RADIO SYSTEM REPLACEMENT

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

 

WHEREAS, bids for radio equipment compatible with the Michigan Public Safety Communication System are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, funding for this project is included in the FY 2013-14 Capital budget for the Municipal Service Center; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Motorola Solutions of Farmington, Hills, Michigan in the amount of $278,921.67, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders up to $20,000 for the project.  (Motion ADOPTED.)

 

SELF CONTAINED BREATHING APPARATUS

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

 

WHEREAS, on July 31, 2013 a quote was received for the purchase of Self Contained Breathing Apparatus (SCBA) for the fire department; and

WHEREAS, West Shore Fire, Inc. is the sole source for Scott Air Pak equipment in Michigan; and

WHEREAS, the quote submitted is within the budget for purchasing the specified equipment; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and the Purchasing Agent is authorized to issue a purchase order in the amount of $257,104 to West Shore Fire, Inc. for the purchase of the required equipment.  (Motion ADOPTED.)

 

DOWNTOWN MIDLAND DTH, LLC – BROWNFIELD REDEVELOPMENT PLAN

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within an area of the City of Midland described on Attachment A, Site Maps & Legal Description attached hereto in the Brownfield Plan / Downtown Midland Redevelopment Project (the “Plan”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Plan within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of the Plan and (b) to provide notice of the hearing to the taxing jurisdictions that levy taxes subject to capture under the Plan; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. Maps, plats, and a description of the Plan are available for public inspection during normal business hours at the City Clerk’s Office, Midland City Hall, 333 West Ellsworth Street, Midland, Michigan.
  4. A public hearing shall be held before the City Council on Monday, the 16th day of December, 2013, at 7:00 p.m., in the Council Chambers in the City Hall on the proposed approval of a Brownfield Redevelopment Plan.
  5. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A in the Midland Daily News, a newspaper of general circulation in the City of Midland on November 30, 2013; by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk; and by mailing notice to the taxing jurisdictions that levy taxes subject to capture under this plan not later than November 27, 2013.

(Motion ADOPTED.)

 

ZONING PETITION NO. 588

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, November 12, 2013 for property located at 323 Sauve Street 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 Regional Commercial zoning to Industrial A zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, December 16, 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 November 27, 2013 and to publish said notice on November 30, 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 AN INDUSTRIAL A ZONING DISTRICT WHERE A REGIONAL COMMERCIAL 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:

BEG 47 RD S & 710 FT E OF NW COR OF NW ¼ OF SW ¼ OF SEC 23.  TH W 20 RD, S 8 RD E 20RD, E 20 RD, N 8 RD TO POB.

Be, and the same is hereby changed to Industrial A.  


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 CORNING LANE AND SAUVE STREET VACATION

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

 

WHEREAS, the Midland City Council, acting upon the request of Three Rivers Corporation for vacation of portions of Corning Lane and Sauve Street, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities, the Director of Public Services and the City Fire Department for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of portions of Corning Lane and Sauve Street; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request provided utility easements are retained; a response has been received from the Director of Public Services indicating no objection to the vacation request; and a response has been received from the Fire Marshall indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of portions of Corning Lane and Sauve Street; and

RESOLVED FURTHER, that the 13th day of January 2014, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said streets, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing with advertising dates on December 21, 2013; December 28, 2013 and January 4, 2014; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk