March 21, 2011
A regular meeting of the City Council was
held on Monday, March 21, 2011, 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, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the March 9, 2011
special, March 14, 2011 regular and March 16, 2011 special meetings was offered
by Councilman Adams and seconded by Councilman Brooks. (Motion ADOPTED.)
Planning and Community Development Director
Keith Baker presented revisions to the City of Midland Zoning Ordinance No.
1585, adopted November 8, 2004. A public
hearing opened at 7:15 p.m., recognizing no comments, the hearing closed at
7:15 p.m. The following ordinance
amendment was then offered by Councilman Adams and seconded by Councilman
Wazbinski:
ORDINANCE NO. 1715
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.
The City of Midland Ordains:
Section 1. That sections 2, 3, 3.01 J, 4, 4.03 F 2, 4.05
A 5, 5, 7, 7.03 B, 8, 8.04 A, 9, 9.02 F, 9.02 G, 9.02 I, 15, 15.02 A, 15.02 C,
15.02 D, 19, 19.02 A, 19.02 C, 19.02 D, 20, 20.02 A, 20.02 D, 21, 22, 22.02 A,
23, and Tables 4.1, 5.3, 7.1, 21.1, and 23.1,
are amended to
read as follows.
(see attached)
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conflict herewith are hereby repealed only to the extent necessary to give this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.)
No public comments were made.
Planning and Community Development Director
Keith Baker presented Site Plan No. 298 – Northwood University – for a 64,132 square
foot auditorium and turf building at 4000 Whiting Drive. Kristin Riddle,
architect with Three Rivers Construction and Keith Pretty, President of
Northwood University, spoke regarding the project. The following resolution was then offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 298 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. 298, contingent upon the following:
1. The
storm water management methods are 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. A
floodplain permit must be obtained from the State of Michigan.
6. The
loading pad between the two structures must be paved either when the storage
area is complete or within 24 months, which is sooner.
7. The
access drive be designated as a fire lane and “No
Parking” signs be posted along this road.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Traffic Control Order No. P-10-16
filed January 11, 2011 pursuant to Chapter 24 of the Code of Ordinances to
establish traffic control as follows:
That there shall
be no parking on the north side of Wanetah Drive from Jefferson to 40’ west of
Sylvan and that there shall be no parking on the south side of Wanetah Drive
from Jefferson to 120’ west.
is hereby made
permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Traffic Control Order No. P-10-17 filed January 12, 2011
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That there shall be no
parking on the west side of Woodlawn Street from N. Saginaw Road to 200’ north.
is hereby made permanent. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Traffic Control Order No. R-10-02 filed January 12, 2011
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That the speed
limit on Mark Putman Road from Saginaw Road to Schuette Road shall be 40 mph.
is hereby made permanent. (Motion
ADOPTED.)
City Engineer Brian McManus presented Traffic Control Order No. R-10-03 – to establish a speed limit of 35 mph on Perrine Road between Saginaw Road and Wackerly Street. Speaking in opposition of the Perrine Road speed limit increasing to 35 mph were: Mark Sprague, 5111 Perrine Road; Andrea Balch, 5905 Highland Drive; Steve Drake, 5205 Perrine Road; Thomas Singletary, 5903 Perrine Road; Michael Reece, 6209 Perrine Road and Mike Fisher, 5717 Perrine Road. The following resolution was then offered by Councilman Johnson and seconded by Councilman Wazbinski:
RESOLVED, that Traffic Control Order No. R-10-03 filed January 11, 2011
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That the speed limit on Perrine Road between Saginaw Road and
Wackerly Street shall be 35 mph.
is hereby made permanent. (Motion
DENIED. Yeas: None
Nays: Adams, Brooks, Donker,
Johnson, Wazbinski)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that
Traffic Control Order No. R-10-04 filed January 11, 2011 pursuant to Chapter 24
of the Code of Ordinances to establish traffic control as follows:
That the speed limit on Elisenal Drive from
Joe Mann Blvd. to Commerce Drive shall be 40 mph.
is hereby made permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Traffic Control Order No. R-10-05 filed January 11, 2011
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That the speed
limit on Schuette Road from Mark Putnam Road to Waldo Avenue shall be 35 mph.
is hereby made permanent. (Motion ADOPTED.)
City of Midland Fire Chief Leonardo Garcia
and Fire Marshal Chris Coughlin presented a report on the 2011 Fire Department
Municipal Fees. The following resolution
was then offered by Councilman Wazbinski and seconded by Councilman Johnson:
RESOLVED, that the Fire Department Municipal
Fees Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)
Community Relations Director Selina Tisdale
presented information on the reappointment of incumbents to boards and
commissions and establishing a timeline for filling remaining vacancies. The following resolution was then offered by
Councilman Johnson and seconded by Councilman Adams:
WHEREAS, City staff has contacted all boards
and commissions members whose terms expire June 30, 2011, to confirm their
interest in being reappointed and has provided
RESOLVED, that the
Robert Granstra, Cable Access Advisory Commission, MCTV Access User
Roy Green, Cable Access Advisory Commission, MCTV Access User
Charlotte Williams, Dial-A-Ride Advisory Commission, Citizen at Large
David Rice, Parks and Recreation Commission,
Citizen at Large
John Young, Planning Commission, Citizen at Large
James Stewart, Planning Commission, Citizen at Large
Don Hall, Sewer District Board of Appeals, Citizen at Large
James Pollack, Sewer District Board of Appeals, Citizen at Large
Richard Osburn, West Main Street Historic District Commission, Citizen
at Large
John Higgins,
Zoning Board of Appeals, Citizen at Large
Shawn Pnacek, Zoning
Board of Appeals, Alternate; and
RESOLVED FURTHER, that City Council hereby reappoints Doug Thompson,
Local Officers Compensation Commission, for a Citizen at Large term ending June
30, 2018; and
RESOLVED FURTHER, that City Council hereby reappoints Timothy McMann,
Board of Review, for a Citizen at Large term beginning May 1, 2011 and ending
April 30, 2014; and
RESOLVED FURTHER,
that City staff is directed to begin disseminating information regarding the
remaining boards and commissions vacancies. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that Judd Tanzini is hereby appointed as a citizen-at-large
member of the Planning Commission for a term expiring June 30, 2013. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, certain streets have been constructed within the City of Midland as listed below:
Plumtree Lane from E. Line Countryside Estates No. 3 to West Line Countryside Estates No. 3
; and
WHEREAS, Broadhead Drive is in the recorded plat of Broadhead Estates No. 3; and
WHEREAS, Plumtree Lane is in the recorded plat of Countryside Estates No. 3; and
WHEREAS, said streets were constructed and open to traffic prior to December 31, 2010; and
WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore
RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and
RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes. (Motion ADOPTED.)
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 12,502
gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for
$40,456.47 executed by the Purchasing Agent on March 7, 2011, is hereby
approved. (Motion ADOPTED.)
The following resolution was offered by Councilman
Adams and seconded by Councilman Brooks:
WHEREAS, the Department of Public Services
regularly purchases carts for sale to the public for curbside collection of
refuse and yard waste; and
WHEREAS,
sufficient funding for such purchases is included in the General Fund / Rubbish
and Refuse Collection operating budget for the remainder of FY 2010-11; now
therefore
RESOLVED, that the Purchasing Agent is
authorized to approve a purchase order to Schaefer Systems International of
Charlotte, North Carolina in the amount of $21,768.80 for the purchase of
additional carts. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, sealed proposals were advertised
and received in accord with Article II of Chapter 2 of the Midland Code of
Ordinances for Bid No. 3301, Boiler Replacement at Plymouth Park Pool; and
WHEREAS,
sealed proposals were advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for Bid No. 3302, Pool Deck
Replacement at Plymouth Park Pool; and
WHEREAS,
sealed proposals were advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for Bid No. 3303, Marcite Finish
Replacement at Plymouth Park Pool; and
WHEREAS, funding for the project is included
in the fiscal year 2010-11 budget; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue purchase orders to JE Johnson of Midland, Michigan in the
amount of $33,200 for the replacement of the boiler, to Tancor Corp of Midland,
Michigan in the amount of $72,990 for the replacement of the pool deck, and to
Advanced Pool Services of Milford, Michigan in the amount of $44,000 for the
replacement of the marcite finish, all in accordance with the proposal and city
specifications; and
RESOLVED FURTHER,
that the City
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the City Manager has presented his
report to the City Council presenting certain information regarding the 2011
Downtown Economic Revitalization Public Improvement Program in the City of
Midland in conformance with provisions of Chapter 20 of the Code of Ordinances
of the City of Midland; and
WHEREAS, the City Council has reviewed said
report in order to decide the cost, extent and necessity of the proposed
improvement program; and
WHEREAS, the Council finds and determines
that said improvements, as before listed, appear to be necessary public
improvements conducive to the general health, convenience and welfare of the
people of the City of Midland and that the estimated period of usefulness of
said improvements is two (2) years; and
WHEREAS, said public improvements shall
constitute one special assessment district to be known as:
“2011 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC
IMPROVEMENT
SPECIAL
ASSESSMENT DISTRICT”
which is hereby
established and that said district comprises the following described lands and
premises:
That area located
in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17, the Northwest
¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West Main
Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the
Tittabawassee River, the “Tridge”, and all lands within 100 feet of the
structure, the Tittabawassee River, and Isabella Street (M-20) excepting the
Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35,
Carpenter and Hines Addition, all within the City of Midland, Midland County,
Michigan.
; and
WHEREAS, the proposed improvements and work
to be completed in said Special Assessment District shall consist of
advertising, promotions and events, Christmas decoration rental and
contributions toward salary and miscellaneous expenses for the Downtown
Director’s office to assist in the revitalization program, and that the total
estimated cost and expense thereof is seventy-two thousand dollars
($72,000.00); and
WHEREAS, the proportion of the cost and
expense of said improvements to be borne and paid for by the City at large,
County, and/or DDA shall be zero ($0) and that all other costs and expenses of
said revitalization program amounting to seventy-two thousand dollars
($72,000.00) shall be borne and paid by special assessments on all lands and
premises in said Special Assessment District as established above, in
proportion to the estimated benefits resulting thereto from the improvement,
determined as near as practicable on a front foot basis; now therefore
RESOLVED, that the report concerning said
improvements is hereby adopted and shall be placed on file in the office of the
City Clerk, and the same shall be available for public inspection during
regular business hours; and that the City Council will meet in the City Hall,
333 W. Ellsworth, on Monday, April 11, 2011, at 7:00 p.m., to hear any
objections or suggestions regarding the proposed improvements; and
RESOLVED FURTHER, that the City Clerk shall
give notice of said hearing of necessity by causing a notice of this resolution
to be published once in the Midland Daily News at least one week prior to said
hearing date, and that the City Clerk shall also give notice of said hearing
date to each property owner subject to special assessment by reason of said
improvement, the addresses of said property owners to be taken from the latest
tax assessment roll in the City Assessor’s office in accordance with Act 162 of
Public Acts of Michigan 1962. (Motion
ADOPTED.)
Being no further business the meeting
adjourned at 9:10 p.m.
______________________________________
Selina
Tisdale, City