November 8, 2010

 

A regular meeting of the City Council was held on Monday, November 8, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  Boy Scout Troop 763 led the Pledge of Allegiance to the Flag.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the October 25, 2010 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

HOMELESS AWARENESS WEEK

Communications Coordinator Libby Richart introduced Sharon Mortensen from Midland County Continuum of Care and Shelterhouse.  The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating November 14-20, 2010, as Homeless Awareness Week in Midland, and thanking all who help the homeless and promote their self-sufficiency.  (Motion ADOPTED.)  Mayor Donker presented Sharon Mortensen with the proclamation. 

 

2010 FIRE FIGHTER OF THE YEAR

Fire Chief Leonardo Garcia introduced Fire Truck Operator Roger R. Bebeau.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

RESOLVED, that Midland Fire Department Fire Truck Operator Roger R. Bebeau is hereby recognized for being selected by the Midland Exchange Club as their 2010 Carl and Esther Gerstacker Fire Fighter of the Year recipient.  (Motion ADOPTED.)  Mayor Donker presented Roger R. Bebeau with the proclamation.

 

2010 POLICE OFFICER OF THE YEAR

Midland Police Chief Gerald Ladwig introduced Patrol Officer Mark A. Klein.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

RESOLVED, that Midland Police Department Officer Mark Klein is hereby recognized for being selected by the Midland Exchange Club as their 2010 Carl and Esther Gerstacker Police Officer of the Year recipient. (Motion ADOPTED.)  Mayor Donker presented Mark A. Klein with the proclamation.

 

ZONING PETITION NO. 572

Item withdrawn by petitioner.

 

ZONING TEXT AMENDMENT NO. 152

Planning and Community Development Director Keith Baker presented information on Zoning Text Amendment No. 152 – to amend the City of Midland zoning ordinance to address the dispensing of medical marihuana in the City of Midland.  A public hearing opened at 8:14 p.m., recognizing no public comments, the hearing closed at 8:14 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

ORDINANCE NO. 1710

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.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made. 

 

ORDINANCE AMENDMENT – FARM ANIMALS (MINIATURE PIGS)

City Manager Jon Lynch presented for first reading an ordinance that provides for the keeping of miniature pigs as pets in the City of Midland by adding Article III to Chapter 3 of the Code of Ordinances and an amendment to Section 34-5 of the Code of Ordinances to add violations of Article III of Chapter 3 as municipal civil infractions.  Darlene Taylor, 5378 Island Hwy, Charlotte, Michigan, breeder of miniature pigs, expressed appreciation for the time and effort given to this issue and for all the allowance of a permitting process for the miniature pig.  Chris Erskine, 1319 W. Union Street, spoke in support of the permitting process for miniature pigs.  Ethan White, 1313 W. Hines Street, expressed his appreciation and spoke in support of the permitting process.   Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brooks:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE, WHICH NEW ARTICLE SHALL BE ARTICLE III OF CHAPTER 2 THEREOF AND BY AMENDING SECTION 34-5 OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1.        Article III of Chapter 3 is hereby established to read as follows:

Article III.     Farm Animals

Division 1.  General

Sec. 3-40.       Animals—Keeping, Harboring, Breeding.

It shall be unlawful to keep, harbor or breed any farm animal as defined in the City of Midland Zoning Ordinance, being Ordinance No. 1585, except (1) farm animals kept in that portion of the city zoned for agricultural purposes, or (2) animals used in a parade or for providing rides on a temporary basis for which a permit has been issued, or (3) animals kept as part of a show or event at the Midland County Fairgrounds, or (4) miniature pigs subject to the provisions of Division 2 of this article.

Division 2.  Miniature Pigs

Sec. 3-41.       Definition—Miniature Pigs.

As used in this article a miniature pig shall mean a pig that does not exceed a weight of 40 pounds at maturity.

Sec. 3-42.       License Required.

(a)  All miniature pigs kept within the city shall be licensed annually by the City Clerk of the City of Midland within seven (7) days of the time the animal is taken to its place of residence.  Said license shall apply to a specific miniature pig, the person responsible for harboring the miniature pig, and the specific premises where the miniature pig is kept.  Said miniature pig license shall not be transferable from one animal to another, from one person to another, or from one premises to another.  Application and renewal for licensure shall include all of the following:

1.      A current health certificate from a licensed veterinarian which attests to the weight and general health of the animal.

2.      Payment of an annual fee of $25.00.

(b)  A miniature pig license shall continue to be valid until such time as:

1.      The annual renewal fee is not timely paid in accord with the license application.

2.      A current health certificate from a licensed veterinarian is not provided upon renewal.

3.      The miniature pig is no longer maintained at the licensed location.

4.      The licensee no longer resides at the location stated in the license.

5.      The license is revoked.

Sec. 3-43.       Running at large prohibited.

A miniature pig shall reside in the residence of the owner as a pet and shall not be kept outdoors with exception of periods for exercise and for elimination of waste.  It shall be unlawful for the owner of any miniature pig to permit such animal to run at large.  Any miniature pig shall be deemed to be running at large unless on a leash, under control of an accompanying person or confined within a motor vehicle, building, fence, or other enclosure of sufficient construction so as to prevent the miniature pig from escaping.

Sec. 3-44.       Limitation.

It shall be unlawful for any person to maintain more than one miniature pig at one licensed premises.  Each dwelling licensed to harbor a miniature pig may harbor only one miniature pig.  All locations where miniature pigs are kept shall be maintained in a clean and sanitary condition.

Sec. 3-45.       Breeding and health.

It shall be unlawful for any person to maintain a miniature pig, which (a) is not spayed or neutered upon reaching maturity, or (b) has not undergone a blood test to show the animal is free from pseudo rabies, or (c) is maintained as a food source.

Sec. 3-46.       License suspension or revocation.

The City Clerk may suspend or revoke any license once granted, or deny annual renewal thereof, when any provision of this division has been violated.  Prior to suspension or revocation of any license, or upon denial of an application for renewal thereof, written notice for such action shall be given to the owner of the miniature pig.

Sec. 3-47.       Violations.

Violation of this article shall constitute a municipal civil infraction as provided in Chapter 34 of this Code of Ordinances and may result in revocation of the miniature pig license.

Section 2.        Sec. 34-5 of Chapter 34 is hereby amended to read as follows:

Sec. 34-5. Municipal civil infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1)  Chapter 8, Uniform Fire Code.

(2)  The city zoning ordinance.

(3)  Chapter 29, Stormwater Runoff Regulation and Control.

(4)  Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)  Article VI of Chapter 15, Telecommunications.

(6)  Article IV, Chapter 22, Addresses.

(7)  Article V, Chapter 5, Soil Erosion and Sedimentation Control.

(8)  Rules and Regulations of the Jack Barstow Municipal Airport.

(9)  Cemetery Rules

(10)  Article I of Chapter 26, Weeds.

(11)  ARTICLE III OF CHAPTER 3.

Section 3.        This ordinance shall become effective upon publication.  (Motion ADOPTED.  Considered first reading.  Yeas:  Adams, Brooks, Donker, Wazbinski   Nays:  Johnson)

 

CONDITIONAL USE PERMIT NO. 25

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

 

WHEREAS, the City Council has received a request from Thom Spencer, President of Spencer Oil Company, for a one-year time extension for Conditional Use Permit No. 25 and site plan to allow a 3,494 square foot automobile filling station with a drive-up window in a Regional Commercial District at 6801 Jefferson Avenue on 1.8 acres; and

WHEREAS, the current approval of the Conditional Use Permit and Site Plan will expire on December 3, 2010; and

WHEREAS, the City Council has reviewed the request for the time extension of the Conditional Use Permit and Site Plan; now therefore

RESOLVED, that the City Council does hereby approve a one-year time extension to Spencer Oil Company effective December 3, 2010 until December 3, 2011, for Conditional Use Permit No. 25 and accompanying site plan for a 3,494 square foot automobile filling station with drive-up window at 6801 Jefferson Avenue on 1.8 acres.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY BOARD – LAUDERBACH RE-APPT

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

 

RESOLVED, that William C. Lauderbach is hereby reappointed to the Saginaw-Midland Municipal Water Supply Corporation Board of Trustees for a term expiring December 31, 2016.  (Motion ADOPTED.)

 

FIREWORKS DISPLAY – SANTA ARRIVAL PARADE

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

 

RESOLVED, that the request from Jan McGuire, President and CEO of the Midland Area Community Foundation, to conduct a fireworks display as part of the Santa Arrival Parade on November 30, 2010, is hereby approved subject to the following conditions:

; and

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

 

TRAFFIC CONTROL ORDER NO. R-10-01

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

 

RESOLVED, that Traffic Control Order No. R-10-01 filed August 20, 2010 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the most westerly lane of Ashman Street, from Nelson Street to Main Street and the most easterly lane of Rodd Street, from Nelson Street to Main Street  shall be designated as shared use bicycle lanes as designated by the Federal Manual of Uniform Traffic Control and appropriate shared lane marking and signs placed.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. D-10-01

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

 

RESOLVED, that Traffic Control Order No. D-10-01 filed August 31, 2010 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the existing Chestnut Hill school traffic signal shall operate on a 50-second cycle length with all other operations the same.

is hereby made permanent.  (Motion ADOPTED.)

 

GAS-TO-ENERGY PLANT – CHANGE ORDER NO. 3 (CHRISTMAN COMPANY)

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

 

WHEREAS, the original contract with The Christman Company (Christman) of Lansing for the design and construction of the Gas-to-Energy Plant and Compressor Facility was $8,682,638.00; and

WHEREAS, Change Order Nos. 1 and 2, totaling $32,086.00, increased the contract to $8,714,724.00; and 

WHEREAS, a line item included in the Christman bid is an amount for the design and construction of the electric interconnection at the Gas-to-Energy Plant that will allow the city to supply power to or pull power from the regional electric grid owned by Consumers Energy; and

WHEREAS, the city deemed it advantageous to work directly with Consumers Energy to perform interconnection design and construction services for $220,000.00; and 

WHEREAS, staff therefore recommends that Change Order No. 3 be approved to reduce the contract with Christman by $220,000.00 for work undertaken by the city and Consumers Energy, reducing the contract to $8,494,724.00; and

WHEREAS, the reduction of $220,000.00 to the Christman contract is offset by the charges billed to the city by Consumers Energy; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 3 in the amount of $220,000.00, thereby decreasing the total amount of the contract with The Christman Company to $8,494,724.00.  (Motion ADOPTED.)

 

PROPOSED BUDGET AMENDMENT – 2010-11 RENEWABLE ENERGY SERVICES FUND

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

 

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. on Monday, November 22, 2010, in the Council Chambers of City Hall on the proposal to amend the 2010/11 Renewable Energy Services Fund budget, increasing revenues by $435,000 from Landfill Enterprise Fund loan proceeds and increasing appropriations by $435,000 for costs associated with the landfill gas-to-energy system.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk