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.

 

Councilmen present:

Thomas Adams, J.Dee Brooks, Maureen Donker, Bruce Johnson

Councilmen absent:

Marty Wazbinski

 

MINUTES

Approval of the minutes of the September 27, 2010 regular meeting was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

RECOGNITION – 100 BEST COMMUNITIES FOR YOUNG PEOPLE IN AMERICA

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 DEPARTMENT SCHOOL RESOURCE OFFICER PROGRAM

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. 

 

2010-11 GENERAL FUND 5-YEAR PROJECTIONS

Fiscal Services Director David Keenan presented the 2010-11 General Fund 5-Year Projection.

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 296

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 296, the request of McLaren Dental Associates for a 2,331 square foot addition to an existing dental office located at 308 Northgate Drive on .7 acres; and

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.)

 

2011 REGULAR COUNCIL MEETING DATES

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2011 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            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.)

 

CABLE ACCESS ADVISORY COMMISSION – COCHRAN APPOINTMENT

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.)

 

REVISED 2010-11 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP BUDGET

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.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP - 2010 ANNUAL FINANCIAL STATEMENTS & AUDITORS’ REPORT

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.)

 

FOSTER WOODS SUBDIVISIONS

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.

 

FOSTER WOODS SUBDIVISION NO. 1 – SIDEWALK TIME EXTENSION

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.)

 

FOSTER WOODS SUBDIVISION NO. 2 – SIDEWALK TIME EXTENSION

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.)

 

FOSTER WOODS SUBDIVISION NO. 3 – SIDEWALK TIME EXTENSION

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.)

 

MIDLAND COUNTY GIRLS ON THE RUN 5K EVENT

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:

  • Either the Santa Parade organizers or Shelterhouse must provide special event liability insurance for this event in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than five days prior to the event.
  • The Fire Department may need to access areas on or near the route of the parade in case of an emergency.  Should access be necessary, we ask that the participants move out of the way and let fire apparatus proceed to the emergency scene.  The Fire Department will endeavor to avoid the route unless absolutely necessary.

;and

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

 

UNLEADED AND DIESEL FUEL PURCHASE

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.)

 

PROPOSED 2010-11 EQUIPMENT REVOLVING & GENERAL FUND BUDGET AMENDMENT

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.)

 

ZONING PETITION NO. 572

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, September 14, 2010 for property located at 4517 and 4521 Dublin Avenue for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Industrial A to the Residential B zoning classification; now therefore

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.)

 

ZONING TEXT AMENDMENT NO. 152

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.)

 

MCKAY PRESS, INC. – IFT APPLICATION

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 Clerk