March 24, 2014

 

A regular meeting of the City Council was held on Monday, March 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 March 10, 2014 regular and March 12 and 19, 2014 special meetings was offered by Councilman Brooks and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

ZONING PETITION NO. 589

Planning and Community Development Director Brad Kaye presented information on Zoning Petition No. 589 – rezoning property located at 6200 Eastman Avenue from Office Service zoning to Regional Commercial zoning. A public hearing opened at 7:15 p.m.   Patrick Bell of Brighton Michigan, representing Tim Hortons, spoke on behalf of the request and in support of the rezoning. Speaking in opposition of the rezoning were Ken Mault, 6201 Woodpark Drive, John Kawecki, 6113 Woodpark Drive, Tina Killabrew, 6121 Woodpark Drive and Dave Metiva, 6109 Woodpark Drive.  The public hearing closed at 7:25 p.m.  The following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Adams:

 

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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.  (Ordinance DENIED.  Yeas:  None   Nays:  Adams, Brooks, Brown Wilhelm, Donker, Wazbinski)

 

2013-14 CENTER CITY AUTHORITY BUDGET AMENDMENT

Community Affairs Director Selina Tisdale presented an amendment to the 2013-14 Center City Authority budget to recognize $11,000 of revenue from the Midland Area Community Foundation for Center City signage.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

WHEREAS, in accordance with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, March 24, 2014 on the proposal to amend the FY 2013-14 Center City Authority budget to recognize $11,000 in unanticipated revenue from donations collected by the Midland Area Community Foundation for the purpose of installing way finding signage in the Center City district; now therefore

RESOLVED, that the FY 2013-14 Center City Authority budget is hereby amended to increase revenues and expenditures by $11,000 to recognize donations made to the Midland Area Community Foundation for Center City signage.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

BOARD AND COMMISSION REAPPOINTMENTS

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

 

WHEREAS, City staff has contacted all boards and commissions members whose terms expire June 30, 2014, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2014 for three (3) year terms ending June 30, 2017

Robert Granstra, Cable Access Advisory Commission, MCTV User

Roy Green, Cable Access Advisory Commission, MCTV User

Charlotte Williams, Dial-A-Ride Advisory Commission, Citizen at Large

Jerry Davis, International Fire Code Board of Appeals

Steven Markey, Library Board, Citizen at Large

Lucille Cronin, Library Board, Citizen at Large

Nancy Carney, Parks & Recreation Commission, Citizen at Large

John Metevia, Parks & Recreation Commission, Citizen at Large

David Rice, Parks & Recreation Commission, Citizen at Large

James Stewart, Planning Commission, Citizen at Large

Gayle Hanna, Planning Commission, Citizen at Large

Don Hall, Sewer District Board of Appeals, Citizen at Large

James Pollack, Sewer District Board of Appeals, Citizen at Large

Kari McPhillips, West Main Street Historic District Commission, Citizen at Large

Kristin Riddle, West Main Street Historic District Commission, Architect Rep.

Richard Osburn, West Main Street Historic District Commission, Citizen at Large

John Higgins, Zoning Board of Appeals, Citizen at Large

Henry Holtof, Zoning Board of Appeals, Alternate

Shawn Pnacek, Zoning Board of Appeals, Alternate; and

RESOLVED FURTHER, that City Council hereby reappoints Roy Green, Local Officers Compensation Commission, for a Citizen at Large term ending June 30, 2021; and

RESOLVED FURTHER, that City staff is directed to begin disseminating information regarding the remaining boards and commissions vacancies.  (Motion ADOPTED.)

 

FOUR NEW STREETS – MIDLAND LOCAL STREET SYSTEM – MDOT ACT 51 FUNDING

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

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

           Falcon Way                          from west line Hawk’s Nest Subdivision to Hawk’s Nest

            Hawk’s Nest                         from Dublin Avenue to end of cul-de-sac

           Red Tail Lane                       from west line Hawk’s Nest Subdivision to Falcon Way

           Trotter’s Pointe Circle          from Wheeler Street to end of cul-de-sac

; and

WHEREAS, Falcon Way, Hawk’s Nest and Red Tail Lane are in the recorded plat of Hawk’s Nest; and

WHEREAS, Trotter’s Pointe Circle is in the recorded plat of Trotter’s Pointe Estates; and

WHEREAS, said streets were constructed and open to traffic prior to December 31, 2013; and

WHEREAS,  it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion ADOPTED.)

 

LABOR AGREEMENT – MIDLAND POLICE OFFICERS ASSOCIATION

Assistant City Manager for Human Resources Paula Whittington presented information on the Labor Agreement between the City of Midland and the Midland Police Officers Association.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Police Officers Association for labor contract changes effective July 1, 2014 and expiring June 30, 2017; 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.  Yeas:  Adams, Brown Wilhelm, Donker, Wazbinski  Abstained:  Brooks)

 

LABOR AGREEMENT – MIDLAND MUNICIPAL SUPERVISORY EMPLOYEE ASSOC.

Assistant City Manager for Human Resouces Paula Whittington presented information on the Labor Agreement between the City of Midland and the Midland Municipal Supervisory Employees Association.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Supervisory Employees Association for labor contract changes effective July 1, 2014 and expiring June 30, 2017; 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.)

 

SUBRECIPIENT AGREEMENT REVISION – HABITAT FOR HUMANITY

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

 

WHEREAS, the 2013-14 Community Development Block Grant (CDBG) program budget allocated $20,000 in funds to Midland County Habitat for Humanity for critical home repairs at two homes within the City of Midland; and

WHEREAS, due to a project location change from one of the original addresses; and

WHEREAS, the conditions for providing the change in project location requires executing a revised subrecipient agreement with Midland County Habitat for Humanity 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 agreement on behalf of the City.  (Motion ADOPTED.)

 

EAST END ENTERPRISES, LLC LIQUOR LICENSE REVISION

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

 

RESOLVED, that the application from East End Enterprises, LLC for the following license(s):  on-premises Class C liquor license issued pursuant to Section 521 a(1)(b) of PA 501 be revised to a new Class C Resort License         to be located at 715 E. Main Street, Suite 106, Midland, Michigan, Midland County    and the following permit, if applied for: 

□ Banquet Facility Permit     Address of Banquet Facility                                                                 

It is the consensus of this body that it Recommends this application be considered for approval by the Michigan Liquor Control Commission.  (Motion ADOPTED.)

 

VOLLEYBALL TOURNAMENT – DIGITY MEDIA

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

 

RESOLVED, that the request from Digity Media to host a volleyball tournament June 21, 2014, using Stratford Woods Park and charging an entry fee, is hereby approved subject to the following conditions:

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

·         Use of Stratford Woods Park is non-exclusive and there may be other people utilizing the area.

·         The City stage has been reserved for the event.

·         Event organizers have permission to charge a registration fee for participation in the event.

·         Event organizers have permission to use amplified sound.

; and

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

 

J. DEE BROOKS RESIGNATION

Community Affairs Director Selina Tisdale presented a resolution accepting the resignation of J. Dee Brooks as Councilman of the Third Ward.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, J.Dee Brooks has communicated his desire to leave his service to the City Council of the City of Midland; and

WHEREAS, this Council holds in highest regard the leadership, insight and wisdom provided by Mr. Brooks, but respectfully accepts his decision; now therefore

RESOLVED, that the City Council of the City of Midland does hereby regretfully accept the resignation of J.Dee Brooks, Councilman of the 3rd Ward, effective March 24, 2014.  (Motion ADOPTED.   Yeas:  Adams, Brown Wilhelm, Donker, Wazbinski  Abstained:  Brooks)

 


2014 PARTRIDGE LANE RECONSTRUCTION

The following resolution was offered by Councilman Brooks 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 and resurfacing of   Partridge Lane from Woodbridge Lane to Wackerly Street; and

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

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company of Bay City, Michigan, for the "2014 Partridge Lane Reconstruction, Contract No. 11", in the indicated amount of $202,774.00, 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.)

 

2014 ELGIN & NOESKE STREET RECONSTRUCTION AND WATER MAIN

The following resolution was offered by Councilman Brooks 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 Elgin Street from Adelaide Street to Noeske Street and on Noeske Street from Baker Street to Elgin Street; 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 Cooper Excavating, LLC of Vassar, Michigan, for the "2014 Elgin & Noeske Street Reconstruction and Water Main, Contract No. 13", in the indicated amount of $266,330.17, 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.)

 

BARSTOW AIRPORT TERMINAL APRON PAVEMENT REHAB – MDOT CONTRACT

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

 

WHEREAS, the Michigan Department of Transportation has received bids for the Jack Barstow Terminal Apron Rehabilitation Project; and

WHEREAS, Crawford Contracting of Mount Pleasant, Michigan was the successful low bidder at $371,090; and

WHEREAS, a proposed Contract No. 56143-122965 between the City of Midland and Crawford Contracting has been submitted to the City of Midland by the Michigan Department of Transportation; and

WHEREAS, the cost sharing formula for the project requires a 5% share for the City of Midland while the F.A.A. and MDOT each have 90% and 5% shares respectively; and

WHEREAS, the City’s cost share amount of approximately $18,600 is currently available in the airport budget; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 56143-122965 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering the City of Midland cost share of this contract in an aggregate amount not to exceed $2,500.  (Motion ADOPTED.)

 

CHANGE ORDER FOR INTERIOR IMPROVEMENTS – DOW LIBRARY

The following resolution was offered by Councilman Brooks 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 $20,558.87 that includes additional light fixtures, access panels, painting, casework and wood refinishing 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 light fixtures, access panels, painting, casework and wood refinishing at the Grace A. Dow Memorial Library by Three Rivers Corporation in an amount not to exceed $20,558.87; 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.)

 

PAYMENT FOR LEGAL SERVICES – MAX ERA, INC. TAX APPEAL

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

 

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, on September 9, 2013 City Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. for the aforementioned services in a total amount not to exceed $45,000; 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 $60,000. (Motion ADOPTED.)

 

PURCHASE OF POOL CHEMICALS

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of pool chemicals, on Bid No. 3599 dated February 11, 2014 for the 2014 and 2015 pool seasons; and

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

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

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

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Midland Pool & Recreation of Midland, Michigan in the amount up to $28,170 for both the 2014 and 2015 pool seasons. (Motion ADOPTED.)

 

PARK MOWING SERVICES

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing mowing services for various park properties within the City of Midland; and

WHEREAS, the bid period covered a one year period with an option to extend the bid for an additional two years if staff was satisfied with the results, and while sufficient funds have been appropriated for fiscal year 2013-14, extension of the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Lawns and Mower LLC of Midland, MI in the amount of $11,000 for the purchase of park mowing services for the remainder of fiscal year 2013-14; and

RESOLVED FURTHER, that the purchasing agent is authorized to issue a purchase order in the amount of $27,500 for the months of July through October 2014, provided that funds are appropriated in the fiscal year 2014-15 parks budget.  (Motion ADOPTED.)

 

INVENTORY PURCHASE OF WATER FITTINGS

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

 

WHEREAS, sealed bids for Bid No. 3606, 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 Michigan Pipe & Valve of Saginaw to be acceptable, and recommends award for inventory purchases of water service fittings; and

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

RESOLVED, that a purchase order is hereby authorized to Michigan Pipe & Valve of Saginaw in an amount not to exceed $23,673.00; and

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

 

SECONDARY DIGESTER ENGINEERING SERVICES - WWTP

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

 

WHEREAS, on January 13, 2014, Wastewater personnel observed that the cover on the Secondary Digester was not sitting level, appearing to have jammed in place and could not be raised or lowered; and

WHEREAS, Wastewater staff immediately contacted its consulting engineer, Stantec Consulting Michigan Inc., to inspect and evaluate the Digester failure; and

WHEREAS, having completed its evaluation, Stantec directed its attention to getting the Digester back in operation and submitted a proposal for professional engineering services, including Detailed Engineering Design and Construction Phase Engineering at a total amount of $75,000.00; and

WHEREAS, the City carries a property insurance policy with a $10,000.00 deductible, and the costs related to the replacement of the damaged Digester cover is covered under that policy; and

WHEREAS, payments to Stantec, and later to contractors, will be paid from Wastewater Enterprise Fund Project Account, and reimbursed by the City’s Property and Liability Insurance Fund; now therefore

RESOLVED, that a purchase order in the amount of $75,000.00 to Stantec Consulting Michigan Inc. is hereby authorized to provide professional services related to the Detailed Engineering Design and Construction Phase Engineering for the replacement of the damaged Secondary Digester at the Wastewater Treatment Plant; and

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

 

SARA DISTRICT

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

 

RESOLVED, that the City Manager is directed to prepare a preliminary report on the request for renewal and increase of the Shopping Area Redevelopment Act (SARA) assessment for the Downtown Midland  District; and

RESOLVED FURTHER, that a public hearing of necessity on this matter be scheduled for Monday, April 14, 2014.  (Motion ADOPTED.)

 

SMARTZONE TIF AND DEVELOPMENT PLAN

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

 

WHEREAS, on March 26, 2013, the Michigan Economic Development Corporation conditionally approved the SmartZone designation for the City of Midland; and

WHEREAS, the Midland SmartZone will establish a dynamic partnership that aligns and strategically funds community economic development functions building on Midland’s base of innovation in the chemical and advanced materials sectors; and

WHEREAS, the Midland SmartZone will focus on support to second stage businesses, new business incubation and acceleration, and creation of a foreign direct investment soft landing zone; and

WHEREAS, on March 20, 2014 the Midland Local Development Finance Authority met and recommends to the City Council approval of  the proposed Tax Increment Financing Plan and Development Plan for the SmartZone of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on  April 28, 2014, at 7:00 p.m. in the Council Chambers, City Hall for the purpose of considering the Tax Increment Financing Plan and Development Plan for the SmartZone of the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to: transmit notice of the public hearing via certified mail to taxing jurisdictions levying taxes subject to capture by March 28, 2014; mail notice of the public hearing to property taxpayers of record in the proposed district; and to publish said notice on March 29, 2014 and April 5, 2014.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk