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.
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Councilmen present: |
Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
Thomas Adams |
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 SPECI
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
WHEREAS, the
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
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
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
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
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
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
WHEREAS, a report has been
received from the Midland
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.
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Selina Tisdale, City