February 24, 2014

 

A regular meeting of the City Council was held on Monday, February 24, 2014, 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 February 10, 2014 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

ANNUAL REVIEW OF LIQUOR LICENSES REPORT

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

 

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to cause an annual review of each liquor licensee to be submitted to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees, with the noted personal property taxes due for the two licensees,  have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore  

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licenses is hereby received and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 

SSP ASSOCIATES DDA LAND REQUEST

City Manager Jon Lynch presented a resolution referring a request from SSP Associates to acquire City owned property to the Downtown Development Authority for determination whether the property is needed for City or public purposes.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, on February 7, 2014, the City of Midland received a letter from SSP Associates seeking acquisition of a lot located at 416 McDonald Street which is currently owned by the City; and

WHEREAS, the City of Midland currently owns the vacant lot at 416 McDonald Street; and

WHEREAS, Section 2-21 of the City of Midland Code of Ordinances provides that whenever any city property, real or personal, is not needed for corporate or public purposes, such property may be sold; and

WHEREAS, the subject lot lies within the boundaries of the Downtown Development Authority, and the DDA is responsible for creation and implementation of broad improvement plans within the district; now therefore

RESOLVED, that the City Council hereby directs the Downtown Development Authority to examine the subject property in accord with Section 2-21 of the Code of Ordinances and offer a recommendation as to whether it is needed for City or public purposes.  (Motion ADOPTED.)

 

SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 1

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

 

WHEREAS, a written request has been received from Roy Wise of Wiskin Developments, Inc., proprietor of City Forest Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision No. 1 until January 10, 2016 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by March 14, 2014, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 2

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

 

WHEREAS, a written request has been received from Roy Wise of Wiskin Developments, Inc., proprietor of City Forest Estates Subdivision No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision No. 2 until April 14, 2016 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by March 14, 2014, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

2014 ANNUAL SIDEWALK REPORT

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

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2014 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

DART TRANSPORTATION COORDINATOR & FINANCIAL ASSISTANCE

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

 

WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2015 and, therefore, it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted to the State of Michigan a proposed balanced budget of approximately $1,844,217 for Dial-A-Ride operations in 2014/2015 with the intent to apply for an estimated $668,713 in state operating assistance funds; an estimated $363,404 in federal 49 USC 5307 operating assistance funds; an estimated $118,000 from fare box fees; and an estimated $694,100 in local general fund support to balance the budget for state fiscal year 2015; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51 and the City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

PLYMOUTH PARK FUN ZONE RENOVATIONS

Director of Public Services Karen Murphy presented information on the Plymouth Park Fun Zone Renovations project.   The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

WHEREAS, the Fun Zone located in Plymouth Park offers a unique outdoor venue for creative play for preschool and elementary aged children; and

WHEREAS, the Fun Zone will celebrate its 20-year anniversary in 2014 and is in need of renovations to extend its life another 15 years; and

WHEREAS, the original designer of the Fun Zone, Leathers Associates of Ithaca, New York have recommended a renovation to the structure based on community input; and

WHEREAS, the City and the Midland Area Community Foundation have developed a project  plan for the renovation that includes a substantial fundraising campaign and a large community volunteer labor force; and

WHEREAS, the project has been scheduled to take place June 4-8 at Plymouth park; now therefore

RESOLVED, that City staff are authorized to work with the Midland Area Community Foundation and Leathers Associates to complete the renovation of the Fun Zone.  (Motion ADOPTED.)

 

FUNDING FOR COMMUNITY-WIDE STRATEGIC PLANNING

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

 

WHEREAS, the City of Midland is a member of the Community Success Panel, which is a group of local businesses and institutions that come together to enhance the prosperity in Midland County by gathering key stakeholders to envision our best future through sharing ideas, building productive relationships, and aligning economic development efforts; and

WHEREAS, the Community Success Panel is prepared to undertake a community-wide strategic planning effort by utilizing The Novak Consulting Group via the Midland Area Community Foundation; and

WHEREAS, the City of Midland wishes to participate in this effort by contributing $25,000 towards funding the cost of this strategic planning effort; and

WHEREAS, sufficient funding is available within the City’s 2013-14 General Fund Budget; now therefore

RESOLVED, that the City of Midland shall provide payment of $25,000 from the City’s 2013-14 General Fund Budget to the Midland Area Community Foundation to help fund the costs of the community-wide strategic planning effort.  (Motion ADOPTED.)

 

BUDGET TRANSFER – FUNDING FOR PURCHASE OF 402 TOWSLEY PROPERTY

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

 

WHEREAS, the owner of 402 Towsley wishes to sell the property at that location to the City of Midland for a cost of $55,000; and

WHEREAS, the City of Midland wishes to acquire the property at 402 Towsley but this transaction was not considered at the time the 2013-14 budget for the General Fund’s Planning Department was adopted; and

WHEREAS, there is sufficient funding in the General Fund Reserve for Contingencies appropriation to transfer $55,000 to the Planning Department capital budget to provide the funding for this purchase; and

WHEREAS, a budget transfer from a contingency account that exceeds $25,000 requires the approval of City Council; now therefore

RESOLVED, City Council authorizes a budget transfer to move $55,000 from the General Fund 2013-14 Reserve for Contingencies appropriation to the Planning Department capital expense budget of the General Fund to provide funding for the purchase of 402 Towsley.  (Motion ADOPTED.)

 

PURCHASE OF 402 TOWSLEY

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

 

WHEREAS, the property located at 402 Towsley Street is in the floodway of the Tittabawassee River and has suffered severe and repetitive losses due to flooding; and

WHEREAS, the City of Midland supports the removal of residential structures from the floodway as a means of protecting life and property; and

WHEREAS, the owner of 402 Towsley Street wishes to sell the property to the City of Midland; and

WHEREAS, the City wishes to acquire the property at 402 Towsley Street and demolish all existing structures thereon; now therefore

RESOLVED, that the City Council of the City of Midland herewith approves the purchase of 402 Towsley Street for the price of $55,000.  (Motion ADOPTED.)

 

LIBRARY INTERIOR IMPROVEMENTS CHANGE ORDER

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

 

WHEREAS, at a regular City Council meeting on September 9, 2013, Council authorized execution of an agreement with Three Rivers Corporation for interior improvements at the Grace A. Dow Memorial Library; and

WHEREAS, a change order for $38,554 that includes additional electrical work and modifying an existing restroom at the Grace A. Dow Memorial Library has been submitted by Three Rivers Corporation; and

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

RESOLVED, that the City Council hereby approves adding the change order to the contractor’s agreement that includes additional electrical work and modifications to an existing restroom at the Grace A. Dow Memorial Library by Three Rivers Corporation in an amount not to exceed $38,554; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

2014 ASHMAN & WASHINGTON STREET RECONSTRUCTION

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

 

WHEREAS, the Engineering Department has determined a need for project management and construction engineering services on the 2014 Ashman & Washington Street Reconstruction project; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project is provided by the Major Street Fund; now therefore

RESOLVED, that the proposal received from Survey Solutions, Inc. of Standish, Michigan, in the indicated amount of $72,065.00, is hereby accepted and the City Manager is authorized to approve a purchase order for said amounts and services; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $10,000.  (Motion ADOPTED.)

 

2014 WALLEN STREET RECONSTRUCTION & WATER MAIN

The following resolution was offered by Councilman Brown Wilhelm 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 reconstruction, resurfacing and water main replacement on Wallen Street from Lancaster Street to Kentwood Drive; and

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

RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "2014 Wallen Street Reconstruction and Water Main, Contract No. 14", in the indicated amount of $299,743.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

LARKIN WATER TOWER PAINTING

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

 

WHEREAS, in May 2012, the City’s engineering consultant, Dixon Engineering, Inc. of Lake Odessa, Michigan, inspected the Larkin Township tower and made recommendations that included repairing of chipped paint at the exterior base of the tower, the installation of a painters rigging rail, and re-coating the exterior with a polyurethane coating; and

WHEREAS, on January 28, 2014 sealed bids were received from contractors and opened for Bid No. 3587, Larkin Water Tower Painting, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, Dixon Engineering reviewed the bids submitted for the project and recommends award to the low bidder, Seven Brothers Painting of Shelby Township, Michigan in the amount of $55,700.00; and

WHEREAS, funds have been made available for this purpose in account 591.8284.93.053 Elevated Tank Maintenance; now therefore

RESOLVED, that the low bid submitted by Seven Brothers Painting of Shelby Township, Michigan is hereby accepted and a purchase order in an amount not to exceed $55,700.00 is authorized; and

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

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm 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 13,711 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $47,796.55 executed by the Purchasing Agent on February 14, 2014, is hereby approved.  (Motion ADOPTED.)

 

CIVICPLUS CHANGE ORDERS

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

 

WHEREAS, City Council approved the contract with CivicPlus for website redesign and hosting services on November25, 2013 in the amount of $41,424.00; and

WHEREAS, the original approved budget for the website development project was $50,000.00; and

WHEREAS, the scope of the project has expanded to add additional features requiring additional expenditures; and

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

RESOLVED, that the City Council hereby authorizes the City Manager to approve change orders not to exceed $5,000.00to CivicPlus for website redesign and hosting services.  (Motion ADOPTED.)

 

PROPOSED WASHINGTON WOODS BUDGET AMENDMENT – CDBG FUNDS

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

 

WHEREAS, Washington Woods was awarded $90,000 in Community Development Block Grant (CDBG) funds from a fund balance carried over from prior years to replace carpet in the public areas on the West side; and

WHEREAS, it is necessary to amend the 2013-2014 Washington Woods budget to include these funds; now therefore

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., Monday, March 10, 2014, in the Council Chambers of City Hall on the proposal to amend the Washington Woods 2013-2014 budget, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

EMERSON PARK RIVERFRONT RENOVATIONS

The following resolution was offered by Councilman Brown Wilhelm 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., March 10, 2014 in the Council Chambers of City Hall on a grant application to the Michigan Natural Resources Trust Fund for $300,000 to support a riverfront renovation project in upper Emerson Park.  (Motion ADOPTED.)

 

ZONING PETITION NO. 589

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 11, 2014 for property located at 6200 Eastman Avenue 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 Office Service zoning to Regional Commercial zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 24, 2014, 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 March 7, 2014 and to publish said notice on March 8, 2014. 

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 REGIONAL COMMERCIAL ZONING DISTRICT WHERE AN OFFICE SERVICE 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:

LOT 31, MARRIET SUBDIVISION, AS RECORDED IN LIBER J OF PLATS, PAGES 23, 24 AND 25, MIDLAND COUNTY RECORDS.

Be, and the same is hereby changed to Regional Commercial

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.)

 

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

 

 

______________________________________

            Selina Tisdale, City Clerk