August 13, 2007

A regular meeting of the City Council was held on Monday, August 13, 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:	Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz
Councilmen absent:	None

MINUTES

Approval of the minutes of the July 23, 2007 regular meeting was offered by Councilman Adams and seconded by Councilman Myers. (Motion ADOPTED.)

ZONING PETITION NO. 542

Planning and Community Development Director Keith Baker presented Zoning Petition No. 542 to rezone property at 4389 S. Saginaw Road from Residential A-1 to Industrial B zoning. Janet Vanderpool, Project Manager representing Mid-Michigan Energy LLC, spoke regarding the proposed project. Richard Fosgitt, 5004 Bristlecone, Project Director for Wilcox Professional Services, representing Mid-Michigan Energy LLC, spoke regarding the rezoning request. A public hearing opened at 7:50 p.m. The following persons spoke in favor of the request: Bud Carpenter, 2801 Schade West Drive; David DuPree, Site Leader and Vice President for The Dow Chemical Company’s Michigan Operations; Ken Kaufman, Site Manager of Dow Corning Corporation’s Midland Plant; Fay Wood, 3501 Bay City Road; Wayne Crosby, 2313 Oakfield Drive, owner of ReMax Midland; Don Hall, 4008 Pfeifer Court; John Woodski, representing Michigan Conservations Clubs; Sharon Miller, local business owner; Sid Allen, President and CEO of the Midland Area Chamber of Commerce; Scott Walker, Executive Director for Midland Tomorrow, 1422 Culver Court and Sheila Messler, 2049 N. Dublin Road. The following persons spoke in opposition to the request: Janae Little, 1051 E. Pine River Road; Dick VonGore, Rosemary Court; Lori Franson, 221 Helen Street; Geoffery Dockum, 2102 Dilloway Drive; Alice Buchalter, Freeland; Paul Schreiber, 4260 E. LaPorte Road; Nancy Janoch, 1806 Wyllys Street; Suzette Zelenak, 4309 Brambleridge; Eric Houk, 6017 Summerset Court, Charlene Kruger, 4350 Francis Shores, Sanford and President of the League of Women Voters, Midland area; Heather Cleland-Host, 2811 Gibson Street; Steve Kaganove, 1401 Brentwood and Daryl Zelenak, 4309 Brambleridge Lane. The hearing closed at 9:05 p.m. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

ORDINANCE NO. 1639

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 B ZONING WHERE A RESIDENTIAL A-1 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:

THAT PART OF SECTION 35, TOWN 14 NORTH, RANGE 2 EAST, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE EAST SECTION LINE NORTH 00°19'58" EAST 1314.10 FEET; THENCE NORTH 89°43'58" WEST 914.65 FEET TO THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD AND THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD SOUTH 38°24'01" WEST 534.73 FEET; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF SAGINAW ROAD NORTH 73°11'10" WEST 0.59 FEET; THENCE 601.84 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2814.93 FEET, A DELTA ANGLE OF 12°15'00", AND WHOSE LONG CHORD BEARS NORTH 67°03'40" WEST A DISTANCE OF 600.69 FEET; THENCE NORTH 01°55'20" WEST 199.96 FEET; THENCE NORTH 00°08'02" WEST 102.60 FEET; THENCE SOUTH 88°40'02" EAST 698.04 FEET TO THE POINT OF BEGINNING. CONTAINING 4.79 ACRES AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD.

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

Council recessed at 9:30 p.m. and reconvened at 9:40 p.m.

Agenda item #5 was moved to this point in the meeting but will remain in order as it was listed on the agenda.

ZONING PETITION NO. 543

Planning and Community Development Director Keith Baker presented Zoning Petition No. 543 to rezone property at 4249 S. Saginaw Road from Industrial A to Industrial B. Janet Vanderpool, Project Manager representing Mid-Michigan Energy LLC, spoke regarding the proposed project. A public hearing opened at 10:44 p.m. The following persons spoke in support of the request: David DuPree, Site Leader and Vice President for The Dow Chemical Company’s Michigan Operations and Scott Walker, Executive Director for Midland Tomorrow, 1422 Clover Court. The following persons spoke in opposition to the request: Lisa Moore, 3109 W. Nelson Street and Nancy Janoch, 1806 Wyllys Street. The hearing closed at 10:51 p.m. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

ORDINANCE NO. 1640

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:

THAT PART OF SECTION 35, TOWN 14 NORTH, RANGE 2 EAST, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE EAST SECTION LINE NORTH 00°19'58" EAST 1314.10 FEET; THENCE NORTH 89°43'58" WEST 914.65 FEET TO THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD AND THE POINT OF BEGINNING; THENCE NORTH 88°40'02" WEST 698.04 FEET; THENCE SOUTH 00°08'02" EAST 102.60 FEET; THENCE SOUTH 01°55'20" WEST 199.96 FEET; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF SAGINAW ROAD 209.55 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2814.93 FEET, A DELTA ANGLE OF 04°15'55", AND WHOSE LONG CHORD BEARS NORTH 63°04'08" WEST A DISTANCE OF 209.50 FEET; THENCE NORTH 60°56'10" WEST 528.32 FEET; THENCE NORTH 01°55'20" EAST 626.18 FEET; THENCE SOUTH 88°40'02" EAST 1824.38 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD SOUTH 35°57'43" WEST 409.57 FEET; THENCE SOUTH 38°24'01" WEST 413.18 FEET TO THE POINT OF BEGINNING. CONTAINING 26.25 ACRES AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD.

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

ZONING TEXT AMENDMENT NO. 144A

Planning and Community Development Director Keith Baker presented Zoning Text Amendment No. 144A to add electrical generating stations as a principal permitted use in Industrial B District. Janet Vanderpool, Project Manager representing Mid-Michigan Energy LLC, spoke regarding the proposed project. The public hearing opened at 11:22 p.m. The following persons spoke in support of the permitted use classification text amendment: Kevin Deline, spoke on behalf of David DuPree, Site Leader and Vice President of The Dow Chemical Company’s Michigan Operations; Dave Ramaker, 2307 Longfellow Lane; Wayne Crosby, 2313 Oakfield Drive, and Scott Walker, 1422 Clover Court, Executive Director of Midland Tomorrow. The following persons recommended that Council consider changing the text amendment to a conditional use permit zoning: Suzette Selenak, 4309 Brambleridge Lane; Lisa Moore, 3109 W. Nelson Street; Greg Janoch, 1806 Wyllys Street, Daryl Zelenak, 4309 Brambleridge; Steve Kaganove, 1401 Brentwood Drive; Janae Little, 1051 E. Pine River Road; Nancy Janoch, 1806 Wyllys Street; David Brausch, 106 Coventry Court, and Lori Franson, 221 Helen Street. The hearing closed at 11:52 p.m. The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Myers:

ORDINANCE #1 – PETITIONER’S ORDINANCE

ORDINANCE NO. 1641

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 ORDINANCE BY ADDING ELECTRICAL GENERATING STATIONS AS A PRINCIPAL PERMITTED USE IN INDUSTRIAL B DISTRICT.

The City of Midland Ordains:

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

Article 23.00—Amendments, to amend Table 23.1 Table of Permitted Uses.

Table 23.1: TABLE OF PERMITTED USES

Use	Districts Where Permitted		Comments
Use	A	B	Comments
P = Principal Permitted Use S = Principal Permitted Use with Site Development Standards, see Article 9.00 C = Conditional Land Use, see Article 28.00 C/S = Conditional Land Use with Special Standards, see Article 9.00 and Article 28.00 A = Accessory use, subject to the provisions in Section 3.03
C. Other Permitted Uses:
Accessory uses and structures incidental to the primary use	A	A
Animal shelters	P
Auto parts sales	P
Automobile repair garage	P
Beverage bottling	P
Bus and truck storage and repair	P
Bus terminals, garages and storage	P	P
Commercial bakeries	P
Commercial Greenhouses	P
Composting center	P	P
Contractor’s yards	S	S	Any such use shall be subject to the provisions in Section 9.02.J
Dental, medical, and optical laboratories	P
Electrical transformer and transmission stations	P	P
Electrical Generating Stations		P
Fire stations	P	P
Gas regulator stations	P	P
Kennels	P

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.)

PLANNED UNIT DEVELOPMENT AMENDMENT – HARCREST WOODS CONDOMINIUMS

Planning and Community Development Director Keith Baker presented a Planned Unit Development amendment for the placement of a traffic control gate at Harcrest Woods Condominiums, a 58-unit condominium development on Harcrest Drive between Oakfield Drive and Thornberry Drive on 20.75 acres. Mike Cronenberger, 6208 Pebblestone Drive, representing the Harcrest Condominium Association Board of Directors, spoke regarding the proposed traffic control gate. A public hearing opened at 10:15 p.m. Arlie McMahan, 2209 Mapleleaf Drive; Wayne Crosby, 2313 Oakfield Drive, and developer of Harcrest Condominiums, and Nina Cronenberger, 6208 Pebblestone Drive, all spoke in favor of the amendment. Jim Davidson, 1809 Oakfield Drive, spoke in opposition to the construction of gates. John Clarey, 2407 Oakfield Drive, spoke in opposition to blocking the east end of Harcrest Drive. The hearing closed at 10:24 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

WHEREAS, The City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said amendment; and

WHEREAS, the City Council has received the recommendation of the City Planning Commission for denial of the Planned Unit Development Amendment, the request of Harcrest Woods Condominium Association for Harcrest Woods Condominium Association; now therefore

RESOLVED, that the City Council finds the request to amend a Planned Unit Development Plan for placement of a traffic control gate at Harcrest Woods Condominiums, a 58-unit condominium development on Harcrest Drive between Oakfield Drive and Thornberry Drive on 20.75 acres, and hereby approves the request in accord with documents provided and submitted at the meeting of July 23, 2007. (Motion ADOPTED.)

CONDITIONAL USE PERMIT NO. 23

Planning and Community Development Director Keith Baker presented Conditional Use Permit No. 23 to allow a 14-stall parking lot in a Residential A-1 zone at 4815 Christie Court. Petitioner Jeff Weckesser, 3912 Haskell Drive, spoke in favor of the conditional use permit. A public hearing opened at 12:50 a.m. Ron Browne, 5116 Christie Court, expressed his opposition to the additional traffic and hazards that will be added to his street if the conditional use permit is approved. The hearing closed at 1:05 a.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

WHEREAS, J.S.W. Holding, LLC submitted a request for a conditional use permit review and approval to allow a 14 stall parking lot in a Residential A-1 zone at 4815 Christie Court; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, contingent upon the following:

1. All off-street parking and storage spaces shall meet the requirements of Section 5.01(D) 3 of the Midland Zoning Ordinance. All parking spaces shall be delineated by double striping.

2. The required handicapped accessible parking stall shall be located closest to the entrance of the building.

3. The landscaping shall adhere to Article 6 of the Zoning Ordinance.

4. The access lane between the new and existing parking lots shall be 20 feet.

5. A revised site plan showing the reduction of two parking stalls from 43 to 41 shall be submitted.

6. The following permits will be required upon conditional use approval by the Planning Commission:

a. Street excavation permit (Engineering Department)

b. Catch basin connection permit (Engineering Department)

c. Traffic control permit (Engineering Department)

in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 23, in accord with documents provided and submitted at the meeting of July 9, 2007. (Motion ADOPTED. Yeas: Adams, Johnson, Rokosz Nays: McKeag, Myers)

2007-08 GENERAL FUND BUDGET AMENDMENT

City Attorney James Branson presented an amendment to the 2007-08 General Fund budget for the Midland Cogeneration Venture tax appeal refund. A public hearing opened at 1:10 a.m., recognizing no comments, the hearing closed at 1:10 a.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, in accord 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 Monday, August 13, 2007, on the proposal to amend the 2007-2008 General Fund budget to appropriate $13,682,900 from the “fund balance reserved for tax appeal refunds” to tax roll adjustment expenditures, in order to refund Midland Cogeneration Venture for taxes, administration fees, and interest in accordance with the June 12, 2007 final decision by the Michigan Tax Tribunal; now therefore

RESOLVED, that the 2007-08 General Fund budget is amended to increase expenditures for tax roll adjustments by $13,682,900, to be appropriated from the fund balance reserved for tax appeal refunds. (Motion ADOPTED.)

PUBLIC COMMENTS

No public comments were made.

GEORGE STREET – STREET VACATION REQUEST

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

WHEREAS, the Midland Community Center has requested vacation of George Street from State Street to Jefferson Avenue; and

WHEREAS, such vacation must be done in accord with Section 23-39 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 23-39 of the Code of Ordinances the request to vacate George Street from State Street to Jefferson Avenue is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation. (Motion ADOPTED.)

SANITARY SEWER EASEMENT AGREEMENT – ISABELLA ROAD

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

RESOLVED, that the attached Easement Agreement from Michael W. Skinner and Amy Skinner to the City of Midland, for the installation of a sanitary sewer on the north side of Isabella Road east of Sandow Road, in Section 13, T. 14 N., R. 1 E., is hereby accepted and that the easement is ordered recorded. (Motion ADOPTED.)

SANITARY SEWER EASEMENT AGREEMENT – PINE STREET TO UNION STREET

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

RESOLVED, that the attached Easement Agreements from Michael D. Hayes & Benjamin Hayes and from Toby J. Bridges & Sheila A. Bridges to the City of Midland, for the installation of a sanitary sewer across private property from Pine Street to Union Street west of State Street, in Section 16, T. 14 N., R. 2 E., is hereby accepted and that the easements are ordered recorded. (Motion ADOPTED.)

FOSTER WOODS SUBDIVISION NO. 3 – SIDEWALK TIME EXTENSION

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

WHEREAS, a written request has been received from Greg Weckesser, of North Central Development, proprietor of Foster Woods Subdivision No. 3, to extend the period of time to complete the sidewalk within said subdivision; 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 sidewalk within Foster Woods Subdivision No. 3 until October 11, 2008 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 August 24, 2007, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)

WINDING CREEK ESTATES – PRELIMINARY PLAT TIME EXTENSION

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

WHEREAS, the City Council has received a request from Todd Bennett, President of Bennett Construction, proprietor of Winding Creek Estates, for a two-year time extension for the Final Approval of the Preliminary Plat of Winding Creek Estates; and

WHEREAS, the current approval of the Preliminary Plat expired October 11, 2006; and

WHEREAS, the City Council has reviewed the request for the time extension of the Final Approval of the Preliminary Plat of Winding Creek Estates; now therefore

RESOLVED, that the City Council does hereby approve a two-year time extension effective from October 11, 2006 until October 11, 2008, for the Preliminary Plat of Winding Creek Estates. (Motion ADOPTED.)

JOINT RESIDENTIAL HOUSING PROJECT - CONSTRUCTION AGREEMENT

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

WHEREAS, the Midland Public Schools administration has requested a joint project with the City of Midland and the Reece Community Living Endeavor, by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 1726 East Ashman Street has been selected and designed on property owned by the Reece Community Living Endeavor; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the Reece Community Living Endeavor shall pay to the City all material costs and other incidental costs as agreed upon; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland, the Midland Public Schools and the Reece Community Living Endeavor for this purpose. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER D-07-04

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

RESOLVED, that Traffic Control Order No. D-07-04 filed June 11, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic signal control be eliminated at the intersection of Washington Street and Dow 1776 Gate and that Traffic Control Order D-85-05 shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER S-07-06

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

RESOLVED, that Traffic Control Order No. S-07-06 filed May 16, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Shepherd Drive shall stop for Eastman Avenue.

is hereby made permanent. (Motion ADOPTED.)

LODGCO MANAGEMENT (SPRINGHILL SUITES) LIQUOR LICENSE REQUEST

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

RESOLVED, that the request from LODGCO MANAGEMENT, L.L.C. FOR A NEW RESORT ECONOMIC DEVELOPMENT B-HOTEL LICENSE ISSUED UNDER MCL 436.1531(4) TO BE LOCATED AT JOE MANN, MIDLAND, MI 49642, MIDLAND COUNTY. be considered for approval.

It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)

TRINITY LUTHERAN CHURCH – REQUEST TO PLACE DIRECTIONAL SIGNS

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

RESOLVED, that in accord with Section 22-2 of the Code of Ordinances, the request from Trinity Lutheran Church seeking permission to place temporary directional signs in the public right-of-way on Saturday, August 25, 2007, from 8:00 a.m. – 3:00 p.m., directing out of town visitors to their church for the installation of their Bishop, is hereby approved subject to the following conditions:

· Placement of the signs must be coordinated with Bradd Maki, Assistant City Engineer, 837-3351.

Clear vision requirements must be followed and the signs must not obstruct the vision of motorists.
The signs must be removed no later than the end of the day on Saturday, August 25.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

NORTHWOOD UNIVERSITY – REQUEST TO HOST EVENT

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

RESOLVED, that the request from Northwood University seeking permission to host a “Northwood Paints the Town Blue” event on Tuesday, September 4, 2007, from 3:00 to 6:00 p.m. in downtown Midland utilizing the public right-of-way, to allow community members to welcome Northwood students to Midland, as well as introducing students to all the amenities that downtown Midland has to offer, is hereby approved subject to the following conditions:

Special Event Sign Procedures must be followed. Signs must be placed outside clear vision corners and must not obstruct the vision of motorists and pedestrians.
Directional signs in the state roadways will require MDOT approval.
Use of the Rail Trail is non-exclusive.
Pedestrians must follow proper pedestrian regulations.
A minimum five foot wide pathway must be maintained on the public right-of-way for pedestrian access.
The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions. An area at least three feet in diameter shall be kept clear around all fire hydrants and the fire department connection for any building sprinkler system or standpipe.
Section 16.17 of the city’s Code of Ordinances states that it is unlawful to post handbills on or to any public or private structure, tree or pole in the city. It is also unlawful to place handbills in or upon any vehicle.
If vendors are taking orders for future delivery of goods they will need a solicitor’s license per Section 15-100 and 15-101 of the Code of Ordinances.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

ELECTRONIC ONLINE SERVICES AND TRAINING - LIBRARY

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

WHEREAS, the Michigan Library Consortium is the sole vendor of group licensing of selected electronic online services, and staff training not available through other organizations; and

WHEREAS, funding is available in the 2007/2008 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and staff training from the Michigan Library Consortium is hereby approved in an amount not to exceed $35,000 and the necessary purchase order authorized. (Motion ADOPTED.)

ELECTRONIC ONLINE SERVICES AND MATERIAL – LIBRARY

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

WHEREAS, Recorded Books is the sole vendor of the electronic online services and materials that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2007/2008 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and materials from Recorded Books is hereby approved in an amount not to exceed $50,000 and the necessary purchase order authorized. (Motion ADOPTED.)

SUNGARD HTE SOFTWARE MAINTENANCE

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

WHEREAS, funds have been budgeted in the 2007-2008 Information Services Computer Software maintenance budget for HTE Maintenance; now therefore

RESOLVED, that the City Council hereby approves the payment to Sungard HTE for software annual maintenance in the amount of $107,879.53. (Motion ADOPTED.)

MANHOLE REHABILITATION

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

WHEREAS, during manhole data collection as part of the City’s Global Information System (GIS) implementation, staff identified numerous manholes throughout the City that are in need of rehabilitation; and

WHEREAS, staff observed some deterioration of the block and mortar due to age and/or hydrogen sulfide (H₂S), which is a corrosive acid created from the decomposition of the sewage, and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, in August 2004, Advanced Underground Inspections, LLC of Detroit was awarded the bid to provide for the reconstruction of sanitary manholes at specified unit prices, and has agreed to extend the unit costs to provide the necessary work to rehabilitate approximately 50 identified sanitary manholes; and

WHEREAS, funding for the rehabilitation work is available in the 2007/08 Wastewater fund account #590-9120-912.97-65 – Capital Construction Projects; now therefore

RESOLVED, that a purchase order is authorized in an amount of $75,000.00 to Advanced Underground Inspections, LLC, based on previously bid unit costs, are hereby accepted for the rehabilitation of approximately 50 sanitary manholes; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $5,000. (Motion ADOPTED.)

PRIMARY TRICKLING FILTER MECHANISMS - WASTEWATER

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

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 severely damaged the primary filter arms; and

WHEREAS, this past winter the deteriorated east primary trickling filter failed, and in January, Council authorized the purchase of one set of replacement arms, as available funds were limited to completely replace both the east and west trickling filter mechanisms at that time; and

WHEREAS, shortly after the set of arms for the east primary trickling arrived the west primary clarifier failed, and since the east clarifier was operating under a temporary fix, the east repair parts were used to replace the failed west trickling filter; and

WHEREAS, to complete the replacement of both the primary trickling filter mechanisms we need to purchase one set of arms and one center column for the east filter, and one center column for the west filter; and

WHEREAS, the sole vendor for the trickling filter mechanisms, Siemens Water Technologies Corporation of Ames, Iowa, has quoted a cost of $115,441.00 for the indicated parts; and

WHEREAS, funding is provided in the 2007/08 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 $115,441.00 for the purchase of one set of arms and one center column for the east filter, and one center column for the west filter. (Motion ADOPTED.)

SPOT LINING TRAILER AND EQUIPMENT - WASTEWATER

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

WHEREAS, utilities staff actively inspects sanitary and storm sewers throughout the City to identify needed sewer pipe repairs and replacements, and when a repair or replacement is necessary it is classified as either an emergency (fix immediately) or as maintenance (schedule and coordinate with other maintenance); and

WHEREAS, traditionally, to repair cracked or broken pipe meant that the damaged lengths of pipe were excavated and replaced, which can be increasingly expensive the deeper the excavation or if done in a street; and

WHEREAS, over the past several years staff has contracted to have damaged or deteriorated pipe repaired by inserting a liner inside the pipe, eliminating excavation and restoration costs; and

WHEREAS, contracting this lining work can cost between $3,500.00 and $8,000.00 for a six foot length of pipe, and is dependent on the diameter of the pipe being lined and how many are scheduled at one time; and

WHEREAS, staff has concluded that with the proper equipment the spot liners can be installed in-house at a much reduced rate, and will provide greater scheduling flexibility and convenience; and

WHEREAS, the City can acquire the resin curing equipment, trailer, license, including training, at a quoted cost of $32,822.70 from LMK Enterprises, Inc. of New Smyrna Beach, FL, which holds the patent on the inversion process; and

WHEREAS, the purchase will be shared with the Wastewater fund and the Storm Water Maintenance fund; and

WHEREAS, funding for this purchase is provided in the 2007/08 Wastewater fund account #590-9120-912.97-25 - Capital Equipment ($17,822.70), and the 2007/08 Storm Water Maintenance fund account #250-9120-912.97-25 - Capital Equipment ($15,000.00); 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 LMK Enterprises, Inc. is authorized in an amount not to exceed $32,822.70 for the purchase of liner equipment and trailer. (Motion ADOPTED.)

ZONING TEXT AMENDMENT NO. 145A

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 10, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the City of Midland Zoning Ordinance, 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 publish said notice on August 25, 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 ORDINANCE BY ADDING CHILD CARE CENTERS AS A PRINCIPAL PERMITTED USE IN OFFICE SERVICE DISTRICT.

The City of Midland Ordains:

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

Article 20.00—Amendments, to amend Section 20.02 – Permitted Uses and Structures.

Section 20.02 -- PERMITTED USES AND STRUCTURES

A. Principal Uses and Structures

In all areas zoned Office-Service District, no buildings shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

1. Banks and credit unions.

2. Barber shops and beauty shops.

3. Business service establishments, limited to advertising, mailing, reproduction, commercial art, photography, stenographic services, personal supply services, computer programming, data processing, and other computer related services.

4. Professional offices, including but not limited to medical, legal, charitable, religious, insurance, real estate, manufacturing (no manufacturing activities permitted on-site), and financial.

5. Funeral homes

6. Interior decorator studios.

7. Music, art, and dance studios.

8. Photography studios.

9. Dry cleaning drop-off and pickup locations (no dry-cleaning activities may occur on-site in the OS district).

10. Radio and broadcasting studios and offices, without broadcasting towers.

11. Business schools.

12. Vocational, technical and trade schools.

13. Community Colleges.

14. Medical clinics.

15. Dental clinics.

16. Veterinary clinics.

17. Fire stations.

18. Schools.

19. Activity centers for the handicapped.

20. Residential inpatient treatment facilities.

21. Social service agencies, private and nonprofit.

22. Dwelling units on upper floors above business establishments

23. Parks.

24. Child Care Centers

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.)

CONDITIONAL USE PERMIT NO. 24

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

WHEREAS, Michael Bensinger submitted a request for a conditional use permit review and approval to allow a child care center in an Office Service district at 2515 Ashman Street; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, contingent upon the following:

1. All off-street parking and storage spaces shall meet the requirements of Section 5.01(D) 3 of the Midland Zoning Ordinance. All parking spaces shall be delineated by double striping.

2. The child care center shall provide parking equal to 1 space per employee plus 1 space per 8 pupils.

3. Any new exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

4. Any new outdoor storage areas shall be screened in accordance with Section 3.15 of the Zoning Ordinance.

5. The north side site drainage issues are corrected prior to the establishment of the outdoor play areas.

6. The outdoor activity areas are enclosed with at least a 4 foot tall fence.

in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on August 24, 2007 and to publish said notice on August 25, 2007. (Motion ADOPTED.)

PROPOSED 2007-08 BUDGET AMENDMENTS

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

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, August 27, 2007, in the Council Chambers of City Hall on the proposal to amend the 2007-08 budgets for the Major Street Maintenance Fund, Water Fund, and Wastewater Fund to account for the necessary transfer of monies between funds, resulting from the receipt of property located on Jefferson Avenue and Joe Mann Blvd, from the Don Carlson family, and to amend the 2007-08 Wastewater Fund budget to provide $35,000 of funding for the construction of sanitary sewer on Letts Road. (Motion ADOPTED.)

Being no further business the meeting adjourned at 1:10 a.m.

______________________________________

Selina Tisdale, City Clerk

MINUTES

Table 23.1: TABLE OF PERMITTED USES

Use

Districts Where Permitted

Comments

A

B

P = Principal Permitted Use

S = Principal Permitted Use with Site Development Standards, see Article 9.00

RESOLVED, that the request from LODGCO MANAGEMENT, L.L.C. FOR A NEW RESORT ECONOMIC DEVELOPMENT B-HOTEL LICENSE ISSUED UNDER MCL 436.1531(4) TO BE LOCATED AT JOE MANN, MIDLAND, MI 49642, MIDLAND COUNTY. be considered for approval.