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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only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 Planning Commission has submitted its recommendation of approval, contingent upon the following:

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