October 11, 2010
A regular meeting of the City Council was
held on Monday, October 11, 2010, at 7:00 p.m. in the Council Chambers of City
Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was
recited in unison.
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Councilmen present: |
Thomas Adams, J.Dee
Brooks, Maureen Donker, Bruce Johnson |
|
Councilmen absent: |
Marty Wazbinski |
Approval of the minutes of the September 27,
2010 regular meeting was offered by Councilman Adams and seconded by Councilman
Brooks. (Motion ADOPTED.)
Communications Coordinator Libby Richart
presented a proclamation of recognition to the Local Organizations that
Collaborated on Efforts to Secure National Recognition for the Greater Midland
Community as one of the 100 Best Communities for Young People in America. The following resolution was offered by
Councilman Adams and seconded by Councilman Johnson:
RESOLVED, that the Mayor is
authorized to issue the attached Proclamation recognizing multiple local
youth-focused organizations for their hard work and efforts to ensure that the
Greater Midland community be noted, for the third year in a row, as one of the
100 Best Communities for Young People in America. (Motion ADOPTED.)
Midland Police Chief Gerald Ladwig presented
a report on the Midland Police Department School Resource Officer Program. Speaking in favor of the program were
Officers Jai Mahabir (Dow High) and Jeremy Davis
(Midland High); Lori Pritchard, Assistant Principal Northeast Middle School,
former Assistant Principal Midland High; Ben Cronkright,
Assistant Principal Dow High; Ted Davis, Assistant Principal Dow High.
Fiscal Services Director David Keenan
presented the 2010-11 General Fund 5-Year Projection.
No public comments were made.
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 296 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. 296, contingent upon the following:
1. The
stormwater detention system is designed and constructed in accordance with the
City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All
parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated
by the “box” style striping.
6. All
irrigation systems will comply with the City of Midland Water Department
specifications.
7. That
they would stripe one parking space to be used as a turn-around.
8. That
they include a bike rack on their plan.
9. That
the parking lot be expanded to the north to include additional room for the
turn-around on the east parking lot.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that regular meetings of the Midland
January 10 and 24 February
14 and 28
March 14 and 21 April
11 and 25
May 9 and 23 June
13 and 27
July 18 and 25 August
8 and 22
September 12 and 26 October 10
and 24
November 14 and 21 December 5
and 19
;and
RESOLVED FURTHER, that the City Clerk be and is hereby directed to
cause a public notice of the foregoing regular dates and times for meetings and
the place at which meetings are to be held by publishing a notice once in the
Midland Daily News, a newspaper of general circulation in the City of Midland;
and
RESOLVED FURTHER, that public notice of each special meeting or each
rescheduled regular or special meeting listing the date, time and place of each
meeting shall be given by prominently posting a copy of the notice at the
Midland City Hall at least twenty-four (24) hours prior to the time of such
special or rescheduled meeting; and
RESOLVED FURTHER, that proposed minutes of a meeting will be available
for public inspection during regular business hours, at the office of the City
Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more
than eight (8) business days after said meeting and approved minutes of said
meeting will be available for public inspection during regular business hours
at the same location not more than five (5) business days after the meeting at
which they are approved. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Scott Cochran is hereby appointed as the Midland Public Schools representative on the Cable Access Advisory Commission for a term to expire June 30, 2013. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, each year the Saginaw-Midland
Municipal Water Supply Corporation (SMMWSC) examines its budgetary needs to
ensure sufficient funding for capital improvements and emergency repairs; and
WHEREAS, in May 2010, City Council approved
the budget for the 2010-2011 Capital Improvement and Emergency Repair Fund with
capital expenditures totaling $985,000.00, with a projected end of year fund
balance of $924,670.00; and
WHEREAS, the Management and Board of Trustees
of the SMMWSC request approval of the revised 2010-2011 Capital Improvement and
Emergency Repair Fund, which reflects an increase of $120,000.00 in capital
expenditures to improve capital equity, bringing the total amount of budgeted
expenditures to $1,105,000.00, while the allocation from Fund balance will
reduce the projected end of year Fund balance to $804,670.00; now therefore
RESOLVED, that the revised Saginaw-Midland Municipal
Water Supply Corporation 2010-2011 Budget for the Capital Improvements and
Emergency Repairs Fund is hereby approved, increasing the total of capital
expenditures to $1,105,000.00, and reducing the projected end of year Fund
balance to $804,670.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that the Saginaw-Midland Municipal Water
Supply Corporation Annual Financial Statements and Auditors’ Report dated June
30, 2010, with comparative figures for June 30, 2009, be received and filed in
the office of the City Clerk. (Motion
ADOPTED.)
Planning and Community Development Director Keith Baker presented information on the requests for extensions of time for completion of sidewalks in Foster Woods Subdivision number 1, 2 and 3. Greg Weckesser, representing the petitioner, spoke in favor of the extensions. The following three resolutions were then presented for consideration.
The following resolution was offered by
Councilman Adams and seconded by Councilman Johnson:
WHEREAS, a written request has been received from Lee A. Johnston, on behalf of North Central Development Company, the proprietor of Foster Woods Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-18(1) and 23-18(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. 1 until October 11, 2011 conditioned upon receipt of a financial guarantee in an amount of $13,622.00 as 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 October 29, 2010, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
The following resolution was offered by Councilman Johnson and seconded by Councilman Brooks:
WHEREAS, a written request has been received from Lee A. Johnston, on behalf of North Central Development Company, the proprietor of Foster Woods Subdivision No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with Sections 23-18(1) and 23-18(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. 2 until October 11, 2011 conditioned upon receipt of a financial guarantee in the amount of $2,380.00 as 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 October 29, 2010, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Johnson:
WHEREAS, a written request has been received from Lee A. Johnston, on behalf of North Central Development Company, the 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 23-18(1) and 23-18(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, 2012 conditioned upon receipt of a financial guarantee in the amount of $37,464.00 as 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 October 29, 2010, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that the request from Sharon Mortensen, Executive Director of Shelterhouse, on behalf of the Midland County Girls on the Run program, to conduct a 5k event in front of the Santa Holiday Parade on Saturday, November 20, 2010, beginning at 9:45 a.m., utilizing the public right-of-way, is hereby approved subject to the following conditions:
;and
RESOLVED FURTHER, that the
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; and
WHEREAS,
the volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 13,400 gallons of E10 ethanol blend unleaded and
13,400 gallons of regular #2 diesel fuel from Karbowski Oil of Bay City,
Michigan for $57,539.60 executed by the Purchasing Agent on September 21, 2010,
is hereby approved. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
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., October 25, 2010 in
the Council Chambers of City Hall on a proposal to amend the 2010-11 budget of
the Equipment Revolving Fund to increase
revenues and expenditures by $151,038 to recognize unanticipated revenue
from the sale of surplus vehicles, equipment, and miscellaneous items and to
provide budgetary authorization to spend the proceeds on operations, and to
amend the 2010-11 budget of the General Fund to increase revenues and
expenditures by $37,225 to recognize unanticipated revenue received from the
sale of surplus vehicles, equipment, and miscellaneous items, and to allow
budgetary authorization to spend the proceeds on operations. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, a public hearing was held by the
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, November 8, 2010, 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 October 22, 2010 and
to publish said notice on October 23, 2010.
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE A RESIDENTIAL B ZONING WHERE AN
INDUSTRIAL A ZONING DISTRICT PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
Parcel A
N 577.5 FT OF NE ¼ OF NE ¼ S OF RR ROW EXC
BEG 50 FT S OF INT OF S LN OF RR & E SEC LN TH S 17.23 FT W 370 FT N 6 DEG
8 MIN E 241.53 FT S 57 DEG 13 MIN E 409.5 FT TO POB SEC 1 T14N R1E
Parcel B
BEG 575.59 FT S &N 57 DEG 13 MIN W 247.5
FT FROM NE SEC COR TH N 57 DEG 13 MIN W 162 FT S 6 DEG 8 MIN W 241.53 FT E 162
FT N 6 DEG 8 MIN W 241.53 FT E 162 FT N 151.91 FT TO POB SEC 12 T14N R1E
Be, and the same is hereby changed to
Residential B.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, November 8, 2010, 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 publish said notice on October 23, 2010.
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
TO ADDRESS THE DISPENSING OF MEDICAL MARIHUANA IN THE CITY OF MIDLAND.
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:
Amend Article 2.00 Definitions, Section 2.02
to include the following definitions:
MARIHUANA,
also known as MARIJUANA, also known as CANNABIS. That term shall have the meaning given to it
in section 7601 of the Michigan public health code, 1978 PAS 368, MCL 333.7106,
as is referred to in section 3(d) of The Michigan Medical Marihuana Act, P.A.
2008, Initiated Law, MCL 333.26423(d).
Any other term pertaining to marihuana used in this Chapter and not
otherwise defined shall have the meaning given to it in the Michigan Medical
Marihuana Act and/or in the General Rules of the Michigan Department of
Community Health issued in connection with that Act.
MEDICAL
USE OF MARIHUANA. The
acquisition, possession, cultivation, manufacture, use, internal possession,
delivery, transfer, or transportation of marihuana or paraphernalia relating to
the administration of marihuana to treat or alleviate a registered qualifying
patient’s debilitating medical condition or symptoms associated with the
debilitating medical condition, as defined under The Michigan Medical Marihuana
Act, P.A. 2008, Initiated Law, MCL 333.26423(d).
Amend Article 3.00 General Provisions,
Section 3.01 (A) Scope of Regulations to read as follows:
A. Scope of Regulations
No structure or tract of land, or part
thereof, shall hereafter be used or occupied, and no structure, or part
thereof, shall be erected, altered, or moved, except in conformity with the
provisions of this Ordinance.
Furthermore, any business or organization in
violation of local, state or federal law is prohibited from locating or
operating within the city limits of Midland.
However, where a building permit for a
building or structure has been issued in accordance with law prior to the
effective date of this Ordinance and construction is begun within six (6)
months of the effective date, said building or structure may be completed in
accordance with the approved plans. Any
subsequent text or map amendments shall not affect previously issued valid
permits.
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.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that an application dated October
6, 2010, was received October 6, 2010, from McKay Press, Inc. with supporting data
pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974,
as amended, for an industrial facilities tax exemption certificate within The
Consolidated Graphics Industrial Development District No.1 relating to new real
and personal property to improve the existing facility consisting of 75,400
square feet by adding two new production lines and additional racking and
fulfillment with a total project cost of $6,655,000 is hereby acknowledged received and
ordered and placed on file in the City Clerk's office; and
RESOLVED FURTHER, that a hearing shall be
held before the City Council on Monday, October 25, 2010, at 7:00 p.m., in the
Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan,
for the purpose of affording the applicant, the City Assessor and
representatives of the affected taxing units an opportunity for a hearing on
the application and the City Clerk shall provide written notice thereof in
accordance with Section 5 of Public Act 198.
(Motion ADOPTED.)
Being no further business the meeting
adjourned at 8:20 p.m.
______________________________________
Selina
Tisdale, City