May 8, 2006
A regular meeting of the City Council was held on Monday, May 8, 2006, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Johnson presided. The Pledge of Allegiance to the Flag was recited in unison.
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the April 24, 2006 regular and May 1, 2006 special meetings was offered by Councilman Myers and seconded by Councilman Adams. (Motion ADOPTED.)
FOSTER CARE MONTH
Communications Coordinator Libby Richart introduced a proclamation naming May 2006 as Foster Care Month in Midland. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation designating May, 2006 as Foster Care Month in Midland. (Motion ADOPTED.) Mayor Johnson presented the proclamation to Lawrence
Adams of the Midland County Foster Adoptive Network.
MIDLAND BLOOMS DAY IN MIDLAND
Communications Coordinator Libby Richart introduced a proclamation naming May 20, 2006 as Midland Blooms Day in Midland. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation designating May 20, 2006 as Midland Blooms Day in Midland. (Motion ADOPTED.) Mayor Johnson presented the proclamation to
Sid Allen, President and CEO of the Midland Area Chamber of Commerce.
2006-07 PROPOSED BUDGET
Fiscal Services Director David Keenan reviewed items pertaining to the 2006-07 proposed budget and presented a resolution rescheduling the final public hearing on the budget for Monday, May 22, 2006. A public hearing opened at 7:22 p.m. Richard McCreadie, 2700 Washington, spoke in opposition to the Ashman/Rodd Street study. Greg Widiger, 116 Harrison Street, stated he appreciated the City Council’s one-year support and subsidy of the MCTV budget. Linda Malekedeli, Chair of the Cable Access Advisory Commission (CAAC), shared a resolution passed by the CAAC on May 12, 2006, expressing their support of Council’s action to provide one-year supplemental funding to the cable budget and giving MCTV time to find additional funding and support. Steve Dolan, speaking on behalf of his wife Kathy, who is an MCTV Access User, stated his wife has received positive feedback from community members who have benefited from MCTV and the programming it provides. Larry Pillepich, 3602 McKeith Road, spoke in opposition to having to pay for MCTV services through both a franchise fee to Charter Communications and a general fund subsidy. Chuck Hepenstal, 1317 N. Parkway Drive, spoke in opposition to the City subsidy of recreational activities of pilots at Barstow Airport. Bob Granstra, 4210 Woodlawn Drive, MCTV access user and CAAC member spoke in support of Council’s one-year subsidy of the cable fund. Don Deibert, 308 W. Chapel Lane, CAAC member, spoke regarding MCTV’s positive contributions to the Midland Community and spoke in support of Council’s one-year supplemental funding which will give MCTV time to find other avenues of support. Wilson Coomer, 223 E. Collins Street, stated he enjoys MCTV and the programming he produces as an access user. He encouraged City Council to continue its support of this service. John Keenan, 615 Smith Street, spoke regarding the budget proposal to reduce working capital of the Equipment Revolving Fund. The hearing closed at 8:00 p.m. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with Section 11.4 of the Charter of the City of Midland a public hearing shall be held on Monday, May 22, 2006 at 7:00 p.m. in the Council Chambers of City Hall on the proposed 2006-07 City of Midland Budget; and
RESOLVED FURTHER, that the City Clerk is hereby directed to publish a notice in the Midland Daily News not less than one week prior to said public hearing and in compliance with Public Act 5 of 1982, as amended (Truth in Taxation Act) said notice shall include a proposed total millage rate of 12.10 mills. (Motion ADOPTED.)
2006 SIDEWALK IMPROVEMENT PROGRAM
Assistant City Engineer Bradd Maki introduced the hearing of necessity for the 2006 Sidewalk Improvement Program and explained a resolution granting a two-year extension for the construction of sidewalks in Foster Woods Subdivision. A public hearing opened at 8:45 p.m. Elaine Rapanos, 1400 Avalon Drive, spoke in opposition to sidewalks proposed on Bay City Road between Rockwell Drive and Fast Ice Drive. Fay Wood, 3501 Bay City Road, spoke in support of the sidewalk program because it provides a mode of transportation to the community. Edward Villareal, 4124 Bay City Road, spoke in support of the construction of sidewalks on Bay City Road for the safety of pedestrians who travel up and down the roadway. He also spoke regarding Barstow Airport and the amount of federal dollars spent to support the airport. John Rapanos, spoke in opposition to the construction of sidewalks on undeveloped parcels along Foster Road stating the sidewalk will be destroyed as development occurs on these parcels. The public hearing closed at 8:58 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:
WHEREAS, the City Council has ordered due
notice of its intention to construct sidewalks in certain streets, said streets
being listed as follows:
Bay City
Road (south side) from Fast Ice
Drive to the US-10 right of way line
Foster
Road (east side) from
Wheeler Street to the south line of Lot 18 of Foster Woods Subdivision
and has heretofore
established one special assessment district which is to be known as the “2006
SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered
due notice that it would meet on the 8th day of May, 2006, for the purpose of
hearing and considering any objections or suggestions on the proposed sidewalk
improvements; and
WHEREAS, the City
Council has met pursuant to said notice on said day at the time specified in
said notice and has heard and considered all objections and suggestions to the
proposed sidewalk improvement program; now therefore
RESOLVED, that the
necessary plans and specifications contained in the City Manager’s report of
April 10, 2006, on file in the office of the City Clerk be and the same hereby
are approved with the exception that Bay City Road (south side) from Fast Ice
Drive to the US-10 right of way line, Foster Road (east side) from Wheeler
Street to the south line of Lot 18 of Foster Woods Subdivision and Hancock
Drive (both sides) from Clay Street to Lee Street are removed; and
RESOLVED FURTHER,
that a special assessment district for the purpose of said combined
improvements be and hereby is approved to be known as the “2006 SIDEWALK
IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and
includes the foregoing described lands and premises; and
RESOLVED FURTHER,
that the detailed estimate of cost of said improvements in said district is
hereby approved in the amount of twenty-five thousand nine hundred ninety-five
dollars ($25,995); and
RESOLVED FURTHER,
that the proportion of the cost and expense of said improvement to be borne and
paid for by the General fund shall be eight thousand nine hundred forty-three
dollars ($8,943) and that all other costs and expenses of said improvement
amounting to seventeen thousand fifty-two dollars ($17,052) shall be borne and
paid by special assessment on all lands and premises in said Special Assessment
District as heretofore established and approved; and
RESOLVED FURTHER,
that the Council hereby determines that the installation of sidewalk in the
herein listed streets are necessary public improvements, conducive to the
public health and general welfare of the people of the City of Midland, and
that the City Council proceed to construct said sidewalks in accordance with
the plans and specifications, adopted for the same, and in accordance with the
resolutions heretofore adopted by the Council in regard to said proposed
sidewalk improvements; and
WHEREAS, the
Council is desirous of affording the several owners of property located on the
above described streets the opportunity of causing their own sidewalks to be
constructed at their own expense; now therefore
RESOLVED FURTHER,
that the City Council does hereby determine that all sidewalks to be
constructed by property owners shall be completed on or before July 31, 2006,
and that an agreement must be executed by each property owner wishing to
install their own sidewalks, in a form acceptable to the City Attorney, which
guarantees completion of the sidewalks by no later than July 31, 2006, and that
said agreement is received by City Council for approval at their June 12, 2006,
meeting; and
RESOLVED FURTHER,
subject to the qualification set forth in the immediately preceding paragraph
of this resolution, that all sidewalks not being completed by the property
owners, shall be constructed by the City of Midland, the cost thereof to be
financed by special assessments to be levied against the several properties so
affected in accordance with the Special Assessment Ordinance; and
RESOLVED FURTHER,
that the City Assessor of said City be and hereby is directed to prepare and
report to the City Council a Special Assessment Roll, for said “2006 SIDEWALK IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess
and levy upon the several lots and premises remaining in said district, said sums
of money in proportion to the estimated benefits resulting thereto from said
improvement, computed as near as practicable on a front foot basis. (Motion ADOPTED.)
FOSTER WOODS SUBDIVISION – SIDEWALK TIME
EXTENSION
The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS, a written request has been received from Greg Wild on behalf of North Central Development Company, a proprietor of Foster Woods Subdivision and Foster Woods Subdivision No. 2 to extend the period of time to complete the sidewalk within said subdivisions; now therefore
RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Foster Woods Subdivision and Foster Woods Subdivision No. 2 until September 10, 2007, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial guarantee is not provided by May 22, 2006 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion DENIED. Yeas: None Nays: Adams, Johnson, McKeag, Myers, Rokosz)
ZONING PETITION NO. 528
Assistant City Manager Jon Lynch presented Zoning Petition No. 528 to amend the zoning map by rezoning property at 4124 Waldo Avenue from Residential A-4 to Residential B zoning. A public hearing opened at 9:45 p.m. Petitioner Mike Rapanos, 3736 E. Julie Ann Drive, detailed the development project and spoke in favor of the rezoning. John Rapanos spoke in favor of the rezoning. Anthony Baker, Vice President for Facilities Advancement for Presbyterian Villages of Michigan, presented information on the proposed development for this site. Ron Daniel, 3214 Mt. Vernon Court, expressed concerns regarding the rezoning’s impact on light pollution, traffic and noise. He expressed concerns that only a portion of the property would be used for the proposed development and the rezoning would potentially allow for less-desirable development on the remainder of the property. He suggested the Residential B rezoning be limited to this development only. He requested if rezoning were approved that a noise and light abatement system be required along Waldo Avenue. Mike DeFrancesco, Mark Twain Drive, expressed concerns regarding the rezoning which might allow for other less-desirable developments. Mike Coleman, 3309 Mark Twain, expressed concern that rezoning this property could potentially lead to a development that would not fit the Master Plan’s design for this area. The public hearing closed at 10:30 p.m. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1616
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 RESIDENTIAL B ZONING WHERE A RESIDENTIAL A-4 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 380 FT N OF W ¼ COR TH E 250 FT S 88 FT E
462 FT S 107 FT E TO US 10 HWY NWLY ALG ROW TO N ¼ LN W TO A PT 416 FT E OF W
SEC LN S 520 FT W 416 FT S TO POB T14N R2E.
be, and the
same is hereby changed to Residential B.
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 ADOPTED. Yeas:
Adams, McKeag, Myers, Rokosz
Nays: Johnson)
2006-07 CDBG
BUDGET
Assistant City Manager Jon Lynch presented the 2006-07 Community
Development Block Grant Budget. A public
hearing opened at 10:51 p.m., recognizing no public comments, the hearing
closed at 10:51 p.m. The following
resolution was then offered by Councilman Myers and seconded by Councilman
Adams:
WHEREAS, the City of Midland will receive $256,468 in Community Development Block Grant funds for fiscal year 2006-07; and
WHEREAS, $85,000 is expected to be received in program income during the fiscal year, and approximately $379,000 will be carried forward from prior fiscal years; and
WHEREAS, on March 6, 2006, the Housing Commission recommended approval of this budget, and
WHEREAS, a public hearing was held by the City Council on May 8, 2006, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 2006-07 Community Development Block Grant Program, as set forth in the attached table; now therefore
RESOLVED, that the City Council hereby adopts the proposed 2006-07 budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program. (Motion ADOPTED.)
2005-06 MAJOR
STREET FUND BUDGET AMENDMENT
Assistant City Engineer Bradd Maki introduced an amendment to the
2005/06 Major Street Fund budget to increase revenues and appropriations to
recognize a transfer from the Local Street Fund to the Major Street Fund
budgets for unanticipated construction costs on the North Saginaw Road
Reconstruction project. A public hearing
opened at 11:26 p.m., recognizing no public comments, the hearing closed at
11:26 p.m. The following resolution was then
offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, and after giving proper legal notice, and having conducted a public hearing on Monday, May 8, 2006, the Major Street Fund’s 2005-06 budget shall be amended to increase revenues by $90,000 to recognize a transfer from the Local Street Fund, and to increase appropriations by the same to fund unanticipated construction costs on the North Saginaw Road Reconstruction project. (Motion ADOPTED.)
PUBLIC COMMENTS
Laurie DeShano, 1614 Haley Street, spoke regarding the deteriorating
conditions of a vacant home located at 1618 Haley Street and requested the
City’s help in improving the property.
Shannon LaLonde, 1610 Haley Street, also spoke regarding the condition
of the property at 1618 Haley Street.
ORDINANCE
AMENDMENT – HELICOPTER LANDINGS
Assistant City Manager Jack Duso introduced the first reading of an
amendment to Section 4-22 of the Code of Ordinances to allow helicopters to
land on Midland Public Schools property.
Richard McCreadie, 2700 Washington, spoke in opposition to the
amendment. Introduction and first
reading of the following ordinance amendment was offered by Councilman Adams
and seconded by Councilman McKeag:
ORDINANCE NO. ________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 4-22 OF ARTICLE II OF CHAPTER 4 THEREOF.
The City of Midland Ordains:
Section 1. Section 4-22 of Article II of Chapter 4 is hereby amended to read as follows:
Sec. 4-22. Off-heliport or helistop helicopter landings.
Notwithstanding the provisions of section 4-20 of this chapter, off-heliport or helistop helicopter landings may be made upon private AND MIDLAND PUBLIC SCHOOLS property with the consent of the owner OR AUTHORIZED REPRESENTATIVE thereof where said landing is made more than one hundred twenty-five (125) feet from the property line of any property owner whose prior consent has not been obtained to such operation. Such off-heliport landings shall not be conducted more than twice in any twenty-four hour period nor shall any property, not designated a heliport or helistop pursuant to the provisions of section 4-21 of this chapter, be continually used for helicopter landings.
Section 2. This ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
SITE PLAN NO. 251
Assistant City Manager Jon Lynch introduced Site Plan No. 251 to
construct a retail store at 1118 Joe Mann Boulevard. Cathy Evanson, Commercial Net Lease Realty,
representing the petitioner, spoke in support of site plan approval. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 251 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. 251, contingent upon the following:
1. Parking spaces to be constructed must be delineated with “box” style striping.
2. Excess parking spaces are approved.
3. Barrier free parking spaces must be provided in accordance with Table 5.2 of the Zoning Ordinance.
4. On-site signage complies with Article 8 of the Zoning Ordinance.
5. On-site lighting is fully shielded and complies with Section 3.12 of the Zoning Ordinance.
6. On-site landscaping complies with Article 6 of the Zoning Ordinance.
(Motion ADOPTED.)
BOARDS AND
COMMISSIONS APPLICATIONS RECEIVED REPORT
The following resolution was offered by Councilman Adams and seconded
by Councilman McKeag:
RESOLVED, that Midland
STREET
IMPROVEMENTS RELATING TO NEW BASEBALL STADIUM
The following resolution was offered by Councilman Myers and seconded
by Councilman Adams:
WHEREAS, the City has begun the process of requesting a ‘Category A’
grant from the Michigan Department of Transportation, MDOT, to secure funding
to assist with street improvements surrounding a planned minor league baseball
stadium; and
WHEREAS, MDOT provided approval for the City to submit a ‘Category A’
grant application for street improvements with certain conditions; and
WHEREAS, grant approval conditions involve support by resolution from
the local authority for related new or improved streets, which includes a
minimum 20% project cost share and maintenance commitment; and
WHEREAS, the estimated costs for related street improvements is
$428,000; and
WHEREAS, the estimated City cost share is $85,600; and
WHEREAS, the Michigan Baseball Foundation will provide the City’s
matching funds should the grant be approved; now therefore
RESOLVED, that the City Council hereby supports the proposed
development and agrees to said conditions regarding receiving grant funding on
behalf of the City of Midland. (Motion
ADOPTED.)
MICHIGAN ICE –
BEER SALES AT HOME GAMES IN EMERSON PARK
The following resolution was offered by Councilman Myers and seconded
by Councilman Adams:
WHEREAS, on March 20, 2006, the Midland City Council authorized the Michigan Ice Women’s Professional Softball Team to utilize Currie Stadium; and
WHEREAS, on May 2, the Michigan Ice presented a request to the Midland Parks and Recreation Commission to partner with local non-profit organizations to sell beer at their home games; and
WHEREAS, the Parks and Recreation Commission voted 7-1 to recommend that permission be granted; now therefore
RESOLVED, that the Michigan Ice and its non-profit partners are granted permission to sell beer at their softball games at Currie Stadium provided the appropriate licenses are secured; and
RESOLVED FURTHER, that the Michigan Ice and its non-profit partners must provide the City of Midland with insurance coverage as deemed appropriate by the Director of Fiscal Services. (Motion ADOPTED.)
2006 LOCAL STREET
RECONSTRUCTION; CONTRACT NO. 5
The following resolution was offered by Councilman Myers and seconded
by Councilman Adams:
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 Damman Drive from
Eastlawn Drive to Bayliss Street, Highland Drive from Moorland Drive to Perrine
Road, Kilt Court from Highland Drive to end of court and Moorland Drive from
Woodbridge Drive to Perrine Road and the replacement of the water main on
Damman 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 Sterling
Excavation, Inc. of West Branch, Michigan, for the "2006 Local Street
Reconstruction; Contract No. 5", in the indicated amount of $232,967.05,
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.)
ZONING PETITION
NO. 530
The following resolution was offered by Councilman Myers and seconded
by Councilman Adams:
WHEREAS, a public hearing was held by the
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, June 12, 2006, 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 May 26, 2006 and to
publish said notice on May 27, 2006.
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 RESIDENTIAL B ZONING WHERE A INDUSTRIAL A 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:
COMMENCING TWENTY (20)
RODS (334.54’) EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION
12, T14N, R2E FOR THE POINT OF BEGINNING, THENCE NORTH EIGHTY (80) RODS
(1317.61’); THENCE EAST TWENTY (20) RODS (332.70’); THENCE SOUTH EIGHTY (80)
RODS (1317.22’); THENCE WEST TWENTY (20) RODS (334.54’) TO THE POINT OF
BEGINNING, CONTAINING TEN (10) ACRES OF LAND, BEING A PART OF SOUTHWEST ¼ OF
THE SOUTHEAST ¼, SECTION 12, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN.
be, and the
same is hereby changed to Residential B.
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 11:41 p.m.
______________________________________
Selina Tisdale, City