April 8, 2013
A regular meeting of the City Council
was held on Monday, April 8, 2013, 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
Wilhelm, Maureen Donker, Marty Wazbinski |
|
Councilmen absent: |
None |
MINUTES
Approval of the minutes of the March
25, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded
by Councilman Wazbinski. (Motion ADOPTED.)
ZONING ORDINANCE REVISION
Director of Planning and Community
Development Brad Kaye presented revisions to the City of Midland Zoning
Ordinance No. 1585, adopted November 8, 2004. A public hearing opened at 7:26 p.m.,
recognizing no public comments, the hearing closed at 7:26 p.m. The following ordinance amendment was then
offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:
ORDINANCE NO.
1745
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 the Zoning Ordinance being Ordinance No.
1585 of the City of Midland is hereby 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conflict herewith are hereby repealed only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.)
CONDITIONAL USE PERMIT NO. 45
Director of Planning and Community
Development Brad Kaye presented Conditional Use Permit No. 45 – a request from
NJR Properties to permit a second one-family dwelling on a lot located at 307
Sam Street in a Residential B Multiple-Family district. A public hearing opened at 7:32 p.m.,
recognizing no public comments, the hearing closed at 7:32 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brown Wilhelm:
WHEREAS,
NJR Properties submitted a request for a conditional land use permit for a
second one-family dwelling on a lot located at 307 Sam Street in a Residential
B multiple-family district; and
WHEREAS,
the City Planning Commission has conducted a public hearing in accord with
Section 28.02(A) of the Zoning Ordinance of the City of Midland on said
conditional use; and
WHEREAS,
the
1. One (1) additional single family dwelling,
for a total of two single family dwellings, shall be permitted on the property.
2. Not more than one (1) driveway shall be
permitted to Sam Street and shall be constructed to meet city standards.
In
accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland;
now therefore
RESOLVED,
that the City Council finds the request for the conditional use permit to be in
accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and
hereby approves Conditional Use Permit No. 45, in accord with documents
provided and submitted at the meeting of March 11, 2013. (Motion ADOPTED.)
PUBLIC COMMENTS
No public comments were made.
PROPOSED 2013-14 BUDGET
Assistant City Manager for Financial
Services David Keenan presented the City Manager’s Proposed 2013-14 Budget and directed the City Clerk to publish a notice of
public hearings on the budget. The
following resolution was then offered by Councilman Brooks and seconded by
Councilman Wazbinski:
WHEREAS, City Council has previously
approved, at its regular Council meeting on November 12, 2012, that a preliminary public hearing shall be
conducted at 7:00 p.m., Monday, April 29, 2012, in the Council Chambers of City
Hall, on the proposed 2013-14 budget; and
WHEREAS,
City Council has previously approved at the same meeting 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., Monday, May 6, 2013, in the Council Chambers of City
Hall on the proposed 2013-14 budget; now therefore
RESOLVED, that the City Manager’s
proposed budgets and financial working plans for the 2013-14 fiscal year,
prepared in accord with Section 11.3 of the City Charter, are hereby
acknowledged as being received by the Midland City Council on this date, as
required by Section 11.2 of the Charter, and are ordered placed on file for
public examination; and
RESOLVED FURTHER, that the City Clerk
shall cause notice of said public hearings to be published in the Midland Daily
News not less than seven days prior to the appointed date of each; and
RESOLVED FURTHER, that copies of the
proposed 2013-14 budget of the City of Midland shall be placed on file for
public examination during normal business hours at the City Clerk’s office in
City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library,
1710 W. St. Andrews Road, in the City of Midland; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to publish once in the Midland Daily News a comparative summary
of the 2012-13 adopted budget and the 2013-14 proposed budget. (Motion ADOPTED.)
DIESEL FUEL PURCHASE
The following resolution was offered
by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:
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 12,697 gallons of Winter Blend diesel fuel from
Foster Blue Water Oil of Bay City, Michigan for $39,546.08 executed by the
Purchasing Agent on March 20, 2013, is hereby approved. (Motion ADOPTED.)
PO INCREASE – LANDFILL ENVIRONMENTAL MONITORING
The following resolution was offered
by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:
WHEREAS, the
operation and environmental monitoring of the City of Midland Sanitary Landfill
is regulated by the Michigan Department of Environmental Quality-Waste and
Hazardous Materials Division (MDEQ); and
WHEREAS, the
majority of testing is of groundwater and gas samples drawn from monitoring
wells located throughout the Landfill property to detect potential contaminants
leaching or migrating from the site; and
WHEREAS,
a purchase order in the amount of $20,000.00 was administratively approved to TriMedia Environmental & Engineering Services of
Marquette, Michigan for this year’s routine environmental monitoring
work; and
WHEREAS,
TriMedia updated the Landfill’s statistical reporting
plan and installed three replacement sampling points to maintain site
compliance, beyond the original scope of work; and
WHEREAS,
staff also recommends that TriMedia supply and
install dedicated sampling pumps in seven existing wells to improve sample
quality and reduce future monitoring costs through labor reduction; and
WHEREAS,
funding for environmental monitoring needs is budgeted in the 2012/13 Landfill
Account #517.8110.81.004 – Testing; now therefore
RESOLVED,
that an increase of $6,500.00 to the existing purchase order of $20,000.00 to TriMedia Environmental & Engineering, bringing the
total purchase order to $26,500.00, is
hereby authorized. (Motion ADOPTED.)
PROPOSED AMENDMENT TO 2012-13 BUDGETS & FINANCIAL WORKING PLANS
The following resolution was offered
by Councilman Brown Wilhelm 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., April 29, 2013, in the Council Chambers of City Hall on the
proposal to amend the 2012-13 budgets and financial working plans as follows:
(Motion ADOPTED.)
SARA ASSESSMENT DISTRICT
The following resolution was offered
by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:
WHEREAS,
the City Manager has presented his report to the City Council presenting
certain information regarding the 2013 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 one (1) year; and
WHEREAS,
said public improvements shall constitute one special assessment district to be
known as:
“2013
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 thirty-six thousand
dollars ($36,000.00); 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
thirty-six thousand dollars ($36,000.00) 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 29, 2013, 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.)
PROPOSED 2013-14 COMMUNITY
DEVELOPMENT BLOCK GRANT BUDGET
The following resolution was offered
by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:
WHEREAS, the City of
Midland is expected to receive $204,465 in Community Development Block Grant
funds for fiscal year 2013-14; and
WHEREAS, it is
anticipated that the City will receive $40,000 in program income, and an
anticipated fund balance of $160,000 will be carried over from prior fiscal
years; and
WHEREAS, on March 4,
2013, the Housing Commission unanimously recommended approval of this budget;
and
WHEREAS, it is necessary
to provide an opportunity for public input on the proposed expenditure of said
funds; now therefore
RESOLVED, that a public
hearing will be held on May 6, 2013, for the purpose of receiving public input
on the use of federal funds from the Community Development Block Grant Program,
as set forth in the attached table (Attachment A). (Motion ADOPTED.)
Being no further business the meeting
adjourned at 7:50 p.m.
______________________________________
Selina
Tisdale, City Clerk