September 10, 2007

 

A regular meeting of the City Council was held on Monday, September 10, 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

 

MINUTES

Approval of the minutes of the August 27, 2007 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 145A

Director of Planning and Community Development Keith Baker presented Zoning Text Amendment No. 145A to add Child Care Centers as a principal permitted use and structure in the Office Service District.  A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1642

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.  (Ordinance ADOPTED.)

 

CONDITIONAL USE PERMIT #24

Director of Planning and Community Development Keith Baker presented Conditional Use Permit No. 24 to allow a child care center in an RA-1 Residential District at 2515 Ashman Street.  Sandra Rule, 306 E. Sugnet Road, owner of the child care facility that will be operated at 2515 Ashman Street, responded to Council questions.  A public hearing opened at 7:31 p.m., recognizing no public comments, the hearing closed at 7:31 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, Michael Bensinger submitted a request for a conditional use permit review and approval to allow a child care center in an RA-1 Residential 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.

7.      There will be no inappropriate water standing in the play area as determined by the City 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. 24, in accord with documents provided and submitted at the meeting of August 13, 2007.  (Motion ADOPTED.)

 

2007-08 CITY BUDGETS & FINANCIAL WORK PLANS AMENDMENT

Finance Director Margaret Maday presented an amendment to the 2007-08 City budgets and financial working plans to provide funding for June 30, 2007 encumbrances.  A public hearing opened at 7:42 p.m., recognizing no public comments, the hearing closed at 7:42 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that 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, September 10, 2007, on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Grace A. Dow Memorial Library Fund, Community Development Block Grant Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2007-2008 fiscal year and to amend the financial working plans of the Civic Arena Fund, Landfill Fund, Washington Woods Fund, Golf Course Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Geographical Information Systems Fund, and Service Center Rental Fund for the 2007-2008 fiscal year in order to provide funding for June 30, 2007 encumbrances; now therefore

RESOLVED, that the 2007-2008 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

          General Government                                                           $       363,900

          Public Safety                                                                                   82,690

          Public Works                                                                                  15,331

          Parks and Recreation                                                                   140,845

          Airport                                                                                             19,748

          Other Functions                                                                         1,131,328

          Reserve for Contingencies                                                             50,000

                      Total General Fund                                                  $    1,803,842

Major Street Fund                                                                                   528,630

Local Street Fund                                                                                   200,038

Grace A. Dow Library Fund                                                                      44,617

Community Development Block Grant Fund                                         324,992

Cable Communications Fund                                                                    8,500

Downtown Development Authority Fund                                                314,894

Civic Arena Fund                                                                                        2,400

Landfill Fund                                                                                           606,753

Washington Woods Fund                                                                        11,410

Golf Course Fund                                                                                   500,000

Transportation Fund                                                                                 60,400

Wastewater Fund                                                                                   221,392

Water Fund                                                                                          2,511,181

Data Processing Operations Fund                                                          19,329

Geographic Information Systems Fund                                                 160,700

Service Center Rental Fund                                                                     23,300

; and

RESOLVED FURTHER, that the 2007-2008 budgets and financial working plans for the following funds be amended by increasing revenues in the following amounts:

General Fund                                                                                 $         45,122

Major Street Fund                                                                                   358,630

Local Street Fund                                                                                   200,038

Community Development Block Grant Fund                                         324,992

Golf Course Fund                                                                                   500,000

Wastewater Fund                                                                                     54,014

Water Fund                                                                                             358,151

(Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

UPDATE ON EPA REQUEST FOR INFORMATION

Utilities Director Noel Bush presented a report regarding a request for information from the U.S. Environmental Protection Agency.  Bill Egerer, 2912 Camberley Lane, founder of Midland Matters, spoke regarding the release of information to the EPA and encouraged the city to continue to protect the anonymity of properties taking part in the soil testing.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the staff report outlining the U.S. Environmental Protection Agency order on the dioxin sampling in Midland be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

SITE PLAN NO. 261

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 261, the request of Communications Family Credit Union for a 6,369 square foot proposed building located at 100 Joseph Drive on 2.04 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 261 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. 261, contingent upon the following:

      1.   All parking spaces shall be delineated by the “box” style striping per Section 5.01(D)3 of the Zoning Ordinance.

      2.   The dumpster enclosure is screened in accordance with Section 3.15 of the Zoning Ordinance.

      3.   All exterior site lighting be fully shielded and all illumination shall not exceed 1.0 foot candle at the property lines.

      4.   Storm water retention plans be approved by the City Engineering Department.

(Motion ADOPTED.)

 

PURCHASE AGREEMENT FOR SALE OF VACANT LAND AT 308 KENT COURT

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a vacant lot at 308 Kent Court in the City of Midland; and

WHEREAS, a letter requesting to purchase said property, dated July 17, 2007, was submitted by Ward Hodge and Dorothy Hodge, in the amount of $1,000.00; and

WHEREAS, the City Council, in accordance with Sec. 2-25 of the City Code, deem the sale of this real property by sealed bid impractical or unwarranted and determine that it is clearly to the City’s advantage to sell such property without competitive bid due to its narrow width, geographic location and it being an unbuildable lot; now therefore

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion ADOPTED.)

 

SALE OF SURPLUS CITY EQUIPMENT

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

 

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the “2007 Auction List” attached, along with additional items identified by City Staff, as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, September 15, 2007.  (Motion ADOPTED.)

 

DDA APPOINTMENT - FLEMING

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Thomas Fleming as the Resident Representative to the Downtown Development Authority to fill an unexpired term to expire May 1, 2011.  (Motion ADOPTED.)

 

2007 STURGEON CREEK AND STATE DRAIN STORM SEWER OUTLET REPAIRS

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the repair of nine storm sewer outlets into the Sturgeon Creek and State Drain between Saginaw Road and Wackerly Street; and

WHEREAS, funding for this project is provided by the Storm Water Utility portion of the General Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2007 Sturgeon Creek & State Drain Storm Sewer Outlet Repairs; Contract No. 15", in the indicated amount of $74,400.00, 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 any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion ADOPTED.)

 

LANDFILL – FOUNDRY SAND PURCHASE

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

 

WHEREAS, the Landfill is in need of 17,000 cubic yards of sand for road building and protective cover in Cells 14 and 15; and

WHEREAS, washed classified foundry sand, a by-product of the production of engine blocks for automobiles, is approved by the Michigan Department of Environmental Quality for reuse in specific industries, including landfills; and

WHEREAS, Doc Heinz Contracting of Saginaw has a contract with General Motors of Saginaw, Michigan to haul washed classified foundry sand at a cost of $2.85 per cubic yard, which is $0.36 less than what was paid from years 1999 to 2004, and equal to the 2006 cost; and

WHEREAS, sufficient funds are available in Landfill Fund accounts:  517-8110-811.76-26 – Operating Supplies/Daily Cover ($15,000.00), 517-9120-912.97-15 – Infrastructure Improvement ($17,000.00), 517-9120-912.97-65 – Capital Projects ($16,450.00); now therefore

RESOLVED, that sealed proposals are hereby waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and authorization is given for a purchase order to Doc Heinz Contracting of Saginaw in the amount of $48,450.00 ($2.85 x 17,000 yards) for purchase and delivery of washed classified foundry sand to the City of Midland Sanitary Landfill; and

RESOLVED FURTHER, that the City Manager is hereby authorized to make change orders in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 


WATER DEPT – BRASS FITTINGS PURCHASE

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

 

WHEREAS, sealed proposals (Bid No. 3052) have been advertised and received in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland for the purchase of Brass Water Service Fittings; and

WHEREAS, funding is provided by the Water Fund Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that the low total bid submitted by Municipal Supply Company of Luzerne, Michigan is hereby accepted and a purchase order is authorized for brass water service fittings in an amount not to exceed $21,500.00; and

RESOLVED FURTHER, that the City Manager is hereby authorized to make change orders in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

GEORGE STREET VACATION

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

 

WHEREAS, the Midland City Council, acting upon the request of the Midland Community Center for vacation of George Street from State Street to Jefferson Avenue, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of George Street from State Street to Jefferson Avenue to be conditioned upon the retention of public utility easements; and

WHEREAS, a report has been prepared by the City Engineer indicating no significant impact to the existing street network or signalized intersections in the surrounding area; a response has been received from the Director of Utilities indicating no objection to the vacation request subject to the retention of easements for all public utilities; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of George Street from State Street to Jefferson Avenue; and

RESOLVED FURTHER, that the 22nd day of October, 2007, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said streets, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing with advertising dates on September 29, 2007, October 6, 2007 and October 13, 2007; and

RESOLVED FURTHER, that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:13 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk