January 8, 2007

 

A regular meeting of the City Council was held on Monday, January 8, 2007, 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.

 

Councilmen present:

Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

Thomas Adams

 

Councilman Rokosz asked that Agenda Item six be removed from the consent agenda.

 

MINUTES

Approval of the minutes of the December 18, 2006 special and regular meetings was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

ZONING PETITION NO. 535

City Planner Daryl Poprave introduced Zoning Petition No. 535 to rezone property at 7304 Jefferson Avenue from Larkin Township zoning to Residential A-1 zoning.  A public hearing opened at 7:10 p.m., recognizing no comments, the hearing closed at 7:10 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1625

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 RA-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 34, T15N, R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, STATE OF MICHIGAN, DESCRIBED AS:  BEGINNING NORTH 00D 04M 12S EAST, ALONG THE WEST SECTION LINE, 659.98 FEET FROM THE WEST ¼ CORNER OF SAID SECTION 34; THENCE CONTINUING NORTH 00D 04M 12S EAST, ALONG SAID WEST SECTION LINE, 312.50 FEET TO THE SOUTHWEST CORNER OF ASSESSOR’S PLAT OF JULIE ANN ESTATES, AS RECORDED IN LIBER L OF PLATS ON PAGES 26 AND 27, MIDLAND COUNTY, MICHIGAN PUBLIC RECORDS; THENCE SOUTH 89D 27M 52S EAST, ALONG THE SOUTH LINE OF JULIE ANN DRIVE, SAID ASSESSOR’S PLAT OF JULIE ANN ESTATES, 186.26 FEET; THENCE SOUTH 00D 04M 12S WEST, 312.50 FEET; THENCE NORTH 89D 27M 52S WEST, 186.26 FEET

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

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 


ZONING PETITION NO. 536

City Planner Daryl Poprave introduced Zoning Petition No. 536 to rezone property at 6715 Herbert Street from Homer Township zoning to Residential A-3 zoning.  A public hearing opened at 7:20 p.m.  Petitioner Michael Dennett, property owner at 1617 & 1619 Herbert, spoke in favor of the rezoning.  The public hearing closed at 7:23 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1626

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 RA-3 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

COMMENCING 225 FEET EAST OF THE SOUTHWEST CORNER OF THE N ½ OF THE SW ¼ OF THE NW ¼ OF SECTION 1; THENCE NORTH 132 FEET; EAST 120 FEET; SOUTH 132 FEET; WEST 120 FEET TO THE PLACE OF BEGINNING, ALL PART OF SECTION 1, T14N R1E, TOWNSHIP HOMER, MIDLAND COUNTY, MICHIGAN.

COMMENCING 165 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH ½ OF THE SW ¼ OF THE NW ¼ OF SECTION 1, T14N R1E; THENCE NORTH 132 FEET; THENCE EAST 60 FEET; THENCE SOUTH 132 FEET; THENCE WEST 60 FEET TO THE PLACE OF BEGINNING.

                                     be, and the same is hereby changed to Residential A-3.

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.)

 

ZONING PETITION NO. 539

City Planner Daryl Poprave introduced Zoning Petition No. 539 to rezone property at 730 Oakbrook Drive from Larkin Township zoning to Residential A-1 zoning.  A public hearing opened at 7:25 p.m., recognizing no comments, the hearing closed at 7:25 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1627

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 A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SEC 34 T15N R2E COM AT SE COR OF LOT 11 OAKBROOK ESTATES, TH E 213.14 FT, N 9D 14M E 232.2 FT, N 50D 9M W ALG CUL-D-SAC 43.16 FT, N 85D 42M W 218.02 FT,

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

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

Dr. Weaver, the new Pastor at Jefferson Avenue Church of God, 5920 Jefferson Avenue, introduced himself to Council and expressed his pleasure at being a part of our community.  He complimented the amenities of Midland and offered the support of him and his congregation.

Kathleen Kemp, 1800 N. Stark Road, expressed concerns regarding Midland’s Master Plan future land use map that allows for limited and light industrial uses in the northeast and northwest section of the City because of the potential for these locations to cause pollution to seep into drains and streams and the pollution would be taken throughout the community.

Kathy Fogus, 1797 N. Hicks Road, spoke regarding the City of Midland Master Plan and the effects of industrial development on Airport Road and Stark Road.  She commented on the potential impact of pollutants given off by industrial development in the northeast and northwest portion of the community.

Luther Devericks, 1708 N. Stark Road, inquired about notification of areas close to him being annexed into the City.

 

MIDLAND COUNTY CONTINUUM OF CARE 10 YEAR PLAN TO END HOMELESSNESS

City Manager Jon Lynch spoke regarding the Midland County Continuum of Care 10 Year Plan to end Homelessness presented at the December 18, 2006, City Council meeting.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, at the City Council meeting of December 18, 2006, The Midland County Continuum of Care presented their 10 Year Plan to End Homelessness and requested City Council’s support of the Plan; now therefore

RESOLVED, that the City Council hereby expresses their support of The Midland County Continuum of Care 10 Year Plan to End Homelessness.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-06-23

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that Traffic Control Order No. P-06-23 filed October 4, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Wheeler Street from 100 feet west of Claremont Street to 250 feet east of Swede Avenue and Traffic Control Order

P-03-08 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-06-24

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that Traffic Control Order No. P-06-24 filed October 4, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Wheeler Street from 300 feet west of Birchwood Drive to 150 feet east of Birchwood Drive, that parking be permitted from 150 feet east of Birchwood Drive to 100 west of Foster Road and that Traffic Control Orders P-03-18 and P-69-04 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-06-25

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

RESOLVED, that Traffic Control Order No. P-06-25 filed October 23, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That standing, stopping, and parking shall be prohibited and bus loading be permitted on the north side of Larkin Street between Ashman Street and Gordon Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-06-06

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that Traffic Control Order No. R-06-06 filed September 18, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Tittabawassee River Road between Cook and Green Roads shall be 35 mph.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-06-07

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that Traffic Control Order No. R-06-07 filed October 23, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the southbound speed limit on Poseyville Road between Ellsworth Street and the south side of the bridge over the Tittabawassee River be 35 mph.

is hereby made permanent.  (Motion ADOPTED.)

 

CIVIC ARENA DEMOLITION

Department of Public Services Director Martin McGuire presented bid information regarding the demolition of the former Midland Civic Arena building and a resolution awarding the bid to MacKenzie Environmental of Grand Ledge, Michigan. 

Dan Veresh, 515 E. Nelson, commented on the low and reasonable Civic Arena demolition bid.  He encouraged Council to accept the bid, move on with the demolition project and embrace the new Central Park plan. 

The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the demolition of the Midland Civic Arena located on Collins St., Bid No. 2985; and

WHEREAS, funding is available in the General Fund, having been transferred from the Civic Arena Project Fund; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to MacKenzie


Environmental of Grand Ledge, Michigan in the amount of $104,579.77 for the demolition of the Midland Civic Arena on Collins St. in accord with the proposal and City Specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders to the project in a cumulative amount not to exceed $10,000.  (Motion ADOPTED.)

 

TRICKLING FILTER ARMS – WASTEWATER

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the trickling filter portion of the wastewater treatment system has an east and a west unit, each with one primary trickling filter and one secondary filter; and

WHEREAS, the trickling filter mechanisms for each of the primary and secondary trickling filters were replaced in 1989, and shortly thereafter the primary clarifiers were covered with a fiberglass dome; and

WHEREAS, in fall 2005, inspections of both primary trickling filters (domed) indicated the accumulation of algae (typical in conditions of high humidity) on the trickling arms, which caused pitting and corrosion that has severely damaged the primary filter arms; and

WHEREAS, last month during routine cleaning, the arm of the east primary trickling filter broke, requiring immediate repair; and

WHEREAS, the sole vendor for the trickling filter mechanisms, Siemens Water Technologies Corporation of Ames, Iowa, has quoted a cost of $30,500.00 for one replacement set of arms for the east primary filter, which will be coated with an epoxy material to resist corrosion and extend the life of the mechanism; and

WHEREAS, funding is to be provided by a budget transfer to the 2006/07 Wastewater budget account 590-8241-821.78-05 - Repair Parts; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order to Siemens Water Technologies Corporation is authorized in an amount not to exceed $30,500.00 for the purchase of one replacement set of trickling arms for the east primary filter.  (Motion ADOPTED.)

 

PROPOSED 2006-07 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

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, January 22, 2007, in the Council Chambers of City Hall on the proposal to amend the Major Street Maintenance Fund’s 2006-07 budget to recognize $150,000 of additional revenues from the transfer of County Road Millage, and to increase appropriations by $150,000 to transfer said funds to the Major Street Construction Fund for the Eastman Avenue Improvement Project.  (Motion ADOPTED.)

 

ZONING PETITION NO. 540

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at 221 West Wackerly 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; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 12, 2007, 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 January 26, 2007 and to publish said notice on January 27, 2007.

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 COMMUNITY COMMERCIAL ZONING 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:

PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 4, T14N R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN DESCRIBED AS COMMENCING NORTH 89 DEGREES 46 MINUTES 07 SECONDS WEST 853.69 FEET ALONG THE NORTH SECTION LINE, AND SOUTH 00 DEGREES 35 MINUTES 07 SECONDS EAST 40.00 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS EAST 168.72 FROM THE NORTHEAST SECTION CORNER TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 204.71 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 168.51 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES 07 SECONDS EAST 10.45 FEET; THENCE SOUTH 50 DEGREES 54 MINUTES 03 SECONDS EAST 269.39 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 07 SECONDS WEST 196.78 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS EAST 165.00 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 07 SECONDS WEST 224.10 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 07 SECONDS WEST 201.62 FEET PARALLEL TO AND 40 FEET SOUTH OF THE NORTH SECTION LINE TO THE POINT OF BEGINNING. 

                                     be, and the same is hereby changed to Community 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 8:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk