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.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

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.)

 

ZONING ORDINANCE REVISIONS

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 298

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 Planning Commission for approval of Site Plan No. 298, the request of Three Rivers Corporation on behalf of Northwood University for a 64,132 square foot auditorium and turf building located at 4000 Whiting Drive on 221 acres; and

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.)

 

TRAFFIC CONTROL ORDER NO. P-10-16

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.)

 

TRAFFIC CONTROL ORDER NO. P-10-17

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.)

 

TRAFFIC CONTROL ORDER NO. R-10-02

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.)

 

TRAFFIC CONTROL ORDER NO. R-10-03

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)

 

TRAFFIC CONTROL ORDER NO. R-10-04

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.)

 

TRAFFIC CONTROL ORDER NO. R-10-05

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.)

 

2011 FIRE DEPARTMENT MUNICIPAL FEES REPORT

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.)

 

REAPPOINTMENT OF INCUMBENTS TO BOARDS & COMMISSIONS

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 City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2011 for three (3) year terms ending June 30, 2014

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.)

 

PLANNING COMMISSION APPOINTMENT - TANZINI

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.)

 

TWO NEW STREETS – MIDLAND LOCAL STREET SYSTEM – MDOT ACT 51 FUNDING

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:

           Broadhead Drive                  from W. Line Broadhead Estates #3 to E. Line Broadhead Estates #3

            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.)

 

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 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.)

 

RESIDENTIAL REFUSE & YARD WASTE CARTS

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.)

 

PLYMOUTH PARK POOL REPAIRS

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 Manager is authorized to approve change orders from Tancor Corp for the pool deck replacement project up to a total of $20,000.  (Motion ADOPTED.)

 

SARA ASSESSMENT DISTRICT IMPROVEMENTS

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 Clerk