November 12, 2012

 

A regular meeting of the City Council was held on Monday, November 12, 2012, 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, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the October 29, 2012 regular meeting was offered by Councilman Adams and seconded by Councilman Brown.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 42

Item withdrawn by applicant.

 

ZONING TEXT AMENDMENT NO. 156

Planning and Community Development Director Brad Kaye presented information on Zoning Text Amendment No. 156 – to amend the City of Midland Zoning Ordinance and add Section 8.07 E to add sign regulations for the Downtown Northside Overlay district.  A public hearing opened at 7:05 p.m.  Kevin McGraw, developer from Midland Downtown Partners, spoke in favor of the amendments.  The public hearing closed at 7:05 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. 1739

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 AMEND AND ADD SECTION 8.08 TO ADD SIGN REGULATIONS FOR THE DOWNTOWN NORTHSIDE OVERLAY DISTRICT.

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:

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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

 

ZONING PETITION NO. 581

Planning and Community Development Director Brad Kaye presented information on Zoning Petition No. 581 – to amend the City of Midland zoning map by rezoning property located at 1334 Stark Road from Township zoning to Residential A-1 zoning. A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

ORDINANCE NO. 1740

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 A-1 ZONING WHERE A TOWNSHIP 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:

SEC 01 T14N R1E COM AT SW COR OF N ½ OF SW ¼ OF NW ¼, TH N 66 FT, E 105 FT, S 100 FT, W 132 FT, N 34 FT, W 33 FT.

Be, and the same is hereby changed to Residential A-1.

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.)

 

ZONING PETITION NO. 582

Planning and Community Development Director Brad Kaye presented information on Zoning Petition No. 582 – to amend the City of Midland zoning map by rezoning property located at 9203 Eastman Avenue from Township zoning to Residential B zoning.  A public hearing opened at 7:20 p.m., recognizing no public comments, the hearing closed at 7:20 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brown:

 

ORDINANCE NO. 1741

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 A TOWNSHIP 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:

SEC 29 T15N R2E COM 660 FT W OF NE SEC COR, TH W 660 FT, S 1070 FT, E 722 FT, S 190 FT, E 548.64 FT, N 45D E 70.5 FT, N TO PT 330 FT S OF NE SEC COR, W 660 FT, N TO POB EXC E 250 FT 26.04 ACRES. 

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.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 583

Planning and Community Development Director Brad Kaye presented Zoning Petition No. 583 – to amend the City of Midland zoning map by rezoning property located at 7730 West Wackerly Street from Township zoning to Industrial A zoning.  A public hearing opened at 7:25 p.m., recognizing no public comments, the hearing closed at 7:25 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

ORDINANCE NO. 1742

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 AN INDUSTRIAL A ZONING WHERE A TOWNSHIP 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:

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, T15N, R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 330 FEET ON THE SOUTH SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 1,320 FEET; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET ON THE NORTH-SOUTH ¼ LINE; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF SAID SECTION; THENCE NORTH 530 FEET; THENCE WEST 330 FEET; THENCE SOUTH 530 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING AND

A PARCEL OF LAND LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, T15N R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 150 FEET ON THE SOUTH SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 530 FEET; THENCE EAST 300 FEET; THENCE SOUTH 530 FEET; THENCE WEST 300 FEET ALONG THE SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING.

Be, and the same is hereby changed to Industrial A.

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.

 

CENTER CITY AUTHORITY TIF PLAN

City Planning Contractor Cindy Winland presented information on the Tax Increment Financing Plan for the Center City Authority in the City of Midland.  Speaking in favor of the plan was Paul White, 905 Balfour; Jerry Deming, 872 S. Pinecroft Lane and owner of Ponderosa Steakhouse in the Center City district; Dave Ginnis, owner of Ginnis Goldsmiths, 20 Ashman Circle and Clint Struthers, 304 Capitol Drive.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, a public meeting was held at the Center City Authority Board meeting on Wednesday, June 20, 2012, to make a recommendation of approval to adopt the Tax Increment Financing Plan; and

WHEREAS, a copy of the Tax Increment Financing Plan has been available for  review at the Planning Department, City Hall, 333 West Ellsworth Street; on the City’s website; and on the Center City Authority’s website; and

WHEREAS, Midland City Council passed a resolution on August 27, 2012 beginning a 60 day time period during which other taxing jurisdictions may opt out of the Tax Increment Financing Plan; and

WHEREAS, taxing authorities collecting taxes within the Center City Authority boundaries were provided with the statutorily required 60 days to opt out of the Tax Increment Financing Plan and have exercised their option to do so; now therefore

RESOLVED, that the Tax Increment Financing Plan for the Center City Authority in the City of Midland is adopted.  (Motion ADOPTED.)

 

2013-14 BUDGET PREPARATION SCHEDULE

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

 

RESOLVED, that the attached budget preparation schedule for the 2013-14 fiscal year is hereby received; and

RESOLVED FURTHER, that said budget preparation schedule shall be filed for public examination in the City Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at a time yet to be determined in the Council Chambers of City Hall on Saturday, January 12, 2013, for the purpose of setting Council goals for the 2013-14 fiscal year; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at 6:00 p.m. in the Council Chambers of City Hall on Monday, April 22, 2013, for the purpose of budget review and public input on the budget; and

RESOLVED FURTHER, that the City Manager, at the regular meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 21, 2013, shall adopt the goals for the 2013-14 fiscal year as established by City Council at the January 12, 2013 special meeting, and to review the proposed Engineering Priorities Listing and receive public input on the listing; and

RESOLVED FURTHER, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 29, 2013, in the Council Chambers of City Hall, on the proposed 2013-14 budget; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, May 6, 2013, in the Council Chambers of City Hall on the proposed 2013-14 budget; and

RESOLVED FURTHER, that with respect to each meeting included herein the City Clerk shall give notice as provided by Section 5.11 of the Charter of the City of Midland. (Motion ADOPTED.)

 

2011-12 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

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

 

WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2011/2012 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and

WHEREAS, the Cable Access Advisory Commission has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2011/2012 Annual Report of the Cable Access Advisory Commission be accepted.  (Motion ADOPTED.)

 

BARSTOW AIRPORT PAVEMENT RECONSTRUCTION PROJECT

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

 

WHEREAS, a design services agreement has been submitted to the City of Midland by Mead & Hunt, Inc. for the design of pavement reconstruction for the terminal building apron pavement at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland supports having said design services rendered at an estimated city cost share of $1,300; now therefore

RESOLVED, that the City Council hereby approves the proposed design services agreement with Mead & Hunt, Inc. of Lansing, Michigan, and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland once the City Attorney has approved the contract as to final form; and

RESOLVED FURTHER, the City of Midland approval is based on funding through a state and federal grant whereas the city cost share for all phases of this project is 5% in accordance with Federal, State, and local cost sharing formulas.  (Motion ADOPTED.)

 

PURCHASE OF DESKTOP COMPUTERS

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

 

WHEREAS, 98 desktop and 18 notebook computers are scheduled for replacement; and

WHEREAS, pricing for new computer equipment has been obtained from the National Intergovernmental Purchasing Alliance (NIPA) contract administered by CDW-Government; and

WHEREAS, sufficient funding exists in the Information Services Operations Fund, and its 2012-13 budget includes sufficient appropriations to pay the 2012-13 expenditures; now therefore

RESOLVED, that the City Council hereby approves payment to CDW-Government in the amount of $69,430.00 for desktop and notebook computers.  (Motion ADOPTED.)

 

PURCHASE OF SNOW AND ICE CONTROL TRUCKS

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

 

WHEREAS, competitive bids for tandem axle snow/ice control dump trucks were solicited by the City of Rochester Hills, Michigan and the bid pricing has been extended to the City of Midland; and

WHEREAS, sufficient funding for two snow and ice control trucks is included in the FY 2012-2013 Equipment Revolving Fund budget for Capital Outlay - Vehicles; and

WHEREAS, the net low bid meeting specifications was offered by Diesel Truck Sales of Saginaw, Michigan and Truck and Trailer Specialties of Dutton, MI; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders to Diesel Truck Sales of Saginaw, Michigan in the amount of $182,906.00 for purchase of the two dump truck chassis, and to Truck and Trailer Specialties of Dutton, Michigan in the amount of $230,632.00 for the purchase of the associated snow/ice equipment and controls for two snow and ice control trucks; and

RESOLVED FURTHER, that the City Manager be authorized to approve changes to the purchase orders up to 5% of the total cost (not to exceed a total of $20,676.90); and

RESOLVED FURTHER, that the Purchasing Agent is authorized to approve the sale of City unit numbers 320, 321, 377, and 378 once the two new trucks are in service.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,702 gallons of Winter Blend diesel fuel from Foster Blue Water Oil of Bay City, Michigan for $41,341.20 executed by the Purchasing Agent on October 26, 2012, is hereby approved.  (Motion ADOPTED.)

 

PROPOSED 2012-13 LANDFILL FUND BUDGET AMENDMENT

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

 

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, December 3, 2012, in the Council Chambers of City Hall on the proposal to amend the 2012/13 Landfill Enterprise Fund Budget to increase revenues from working capital in the amount of $220,000.00, and to increase appropriations in the net amount of $220,000.00 for the purchase of a refurbished 2005 Bandit Beast model 3680 wood grinder ($252,500.00), less trade-in value of the City’s 1998 Fecon MZA3250 wood grinder ($32,500.00).  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk