May 6, 2013

 

A regular meeting of the City Council was held on Monday, May 6, 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 April 29, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

2013 MAKE MIDLAND BEAUTIFUL ART CELEBRATION

Recreation Director Marcie Post introduced the Make Midland Beautiful Art Celebration Program and Mayor Donker, who helped recognize 18 elementary and middle school students for outstanding work in creating posters for the 2013 Make Midland Beautiful Art Celebration.

 

MIDLAND BLOOMS DAY IN MIDLAND

Communications Coordinator Libby Richart introduced Midland Area Chamber of Commerce Director of Community Programs Diane Middleton.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 18, 2013 as Midland Blooms Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Diane Middleton with the proclamation.

 

PROPOSED 2013-14 CITY BUDGET

Assistant City Manager for Financial Services David Keenan presented information on the City Manager’s Proposed 2013-14 City Budget.   A public hearing opened at 7:28 p.m., recognizing no public comments, the hearing closed at 7:28 p.m.  

 

2013-14 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

Consulting Planner Cindy Winland presented the Proposed 2013-14 Community Development Block Grant Budget.  Mayor Donker disclosed she is an employee of one of the organizations that has applied for a grant.  Councilman Brooks also disclosed he is a former member of the Shelterhouse Board of Directors.  A public hearing opened at 7:35 p.m., recognizing no public comments, the hearing closed at 7:35 p.m.  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City of Midland expects to receive $204,465 in Community Development Block Grant (CDBG) funds for fiscal year 2013-14; and

WHEREAS, it is anticipated that the city will receive $40,000 in 2013-14 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 Midland City Housing Commission unanimously recommended approval of this budget; and

WHEREAS, a public hearing was held by the City Council on May 6, 2013, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the 2013-2014 Community Development Block Grant Budget as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2013-2014 Community Development Block Grant budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GIFT TO CURRIE GOLF COURSE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, the City has received a grant in the amount of $29,849 from the Midland Area Community Foundation – Currie Family Endowment Fund for the Currie Golf Course to be used to fund expenditures related to modifications to be made to the cart/equipment storage facility to provide adequate storage for chemicals, as well as enhance employee safety, and to fund the purchase of a new freezer for the clubhouse kitchen; now therefore

RESOLVED, that the City Council of the City of Midland graciously accepts this grant of $29,849 from the Midland Area Community Foundation – Currie Family Endowment Fund for the Currie Golf Course.  (Motion ADOPTED.)

 

PROPOSED 2012-13 GOLF COURSE FUND BUDGET AMENDMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, the City has received a grant in the amount of $29,849 from the Midland Area Community Foundation – Currie Family Endowment Fund for the Currie Golf Course to be used to fund expenditures related to modifications to be made to the cart/equipment storage facility to provide adequate storage for chemicals, as well as enhance employee safety, and to fund the purchase of a new freezer for the clubhouse kitchen; and

WHEREAS, the 2012-13 Currie Golf Course Fund budget does not currently include $4,187 of this grant revenue earmarked for the purchase of the new freezer, or the $4,187 expenditure for the freezer, and in order to spend this portion of the grant for the purpose intended, it is necessary to amend the 2012-13 Currie Golf Course Fund budget; now therefore

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. Monday, May 20, 2013 in the Council Chambers of City Hall on the proposal to amend the 2012-13 Currie Golf Course Fund budget to recognize additional revenue of $4,187 for the unbudgeted portion of this grant, as well as increase expenditures by the same amount to fund the purchase of a new freezer for the clubhouse kitchen; and

RESOLVED FURTHER, that the City Clerk is hereby directed to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

2013-14 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORPORATION  BUDGET

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2013-2014 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $157,000.00 is hereby approved.  (Motion ADOPTED.)

 

GREAT LAKES BAY MARATHON

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the request from the Midland Community Center, seeking permission to conduct the 1st annual Great Lakes Bay Marathon and half marathon on Sunday, May 19, 2013, starting at Dow Diamond, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • Organizer must provide special event liability insurance for this event in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Engineer’s Office no less than 30 days prior to the event.
  • Traffic Control:

·         The Midland Police Department will provide traffic control as requested.  The organizer must provide volunteers at intersections not covered by the Police Department.

·         Public Services will have certain barricades available (bar & jacks, barrels) if requested.  These barricades will be used for another event the previous day.  Contact Karen Murphy, Director of Public Services, at 837-6909 to set up a meeting to discuss delivery of the barricades from the Midland Community Center’s Dow Run/Walk site. 

·         The organizer must provide appropriate traffic control in accordance with the Michigan Manual of Uniform Traffic Control Devices, City Engineering and City Police requirements. Including but not limited to:

    • Appropriate traffic cone and barricade placements as needed to separate traffic from runners.
    • Complete set-up for the double lane closure at the start of the race as indicated on the map.
  • Organizers must have someone in charge of moving the barricades for emergency access if required.  The Fire Department will use alternate routes for emergency responses when possible.
  • Organizer must remove traffic control at the conclusion of the event and open up areas as soon as possible after runners pass.
  • Community Special Event sign procedures must be followed.  Contact Brian McManus, City Engineer, at 837-3353, with any questions regarding placement of the signs.  The signs shall be placed outside of required clear vision corners and should not obstruct the vision of motorists.  Signs shall be removed at the conclusion of the event.
  • City will review need for cost recovery for City expenses if event requires unique or non-standard efforts on City’s part.
  • Department of Public Works will not provide any traffic cones or the traffic control devices needed along Buttles – the event organizer will need to arrange for these through a work zone safety contractor.
  • Parks will provide metal event fencing for use at their start/finish area.   A fee will be charged for this as well.
  • Contact Karen Murphy, Director of Public Services with any additional questions related to fencing.

Organizer must submit:

·         Detailed street plan with signage and barricading and lane usage assignment, certified by an engineer with knowledge of the Manual of Uniform Traffic Control. All aspects of traffic control need to be shown.

·         Plan of how driveways are being handled.

·         Locations of volunteers and their duties.

·         Staging areas and their barricading set-up.

·         Indication of areas of police support.

·         Letters of support and acknowledgement from critical businesses impacted by the route in the Salzburg area and other areas.  We have discussed with them in the past that this includes Dow, Dow Corning, truck and transportation depots, parcel delivery companies and the like.

·         Overall timeline of events for the day.

·         Map indicating route timings of when runners will clear a particular area.

·         Sample of your notification letter to all people and properties affected by the routes and a map of your notification area.

·         Locations where participants will park.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests for the event provided it is conducted in substantially the same manner.  (Motion ADOPTED.)

 

MODIFICATIONS TO CURRIE STORAGE FACILITY

The following resolution was offered by Councilman Brown Wilhelm 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 building modifications to the existing cart/equipment storage facility to provide for an area for chemical storage, and an additional entranceway to facilitate the efficient and safe traffic flow of equipment, Bid 3494; and

WHEREAS, there is sufficient available funding in the 2012-13 Currie Golf Course Fund budget to fund the cost of this project; now therefore

RESOLVED, that the bid meeting City specifications submitted by JBS Contracting of Mt. Pleasant in the amount of $56,762 is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to JBS Contracting in the amount of $56,762 in accord with this resolution, the proposal selected, and City specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders up to $5,000 for the project.  (Motion ADOPTED.)

 

ZONING PETITION NO. 585

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 23, 2013 for property located at 4120 Isabella Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Regional Commercial to Office Service 50 feet west and from Office Service to Residential A-1 single-family residential district 30 feet south; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 10, 2013, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on or before May 24, 2013 and to publish said notice on May 25, 2013. 

ORDINANCE NO. ______

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 OFFICE SERVICE ZONING DISTRICT WHERE A REGIONAL COMMERCIAL ZONING DISTRICT PRESENTLY EXISTS AND A RESIDENTIAL A-1 ZONING DISTRICT WHERE AN OFFICE SERVICE 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:

COM AT S ¼ COR OF SEC 13 E 406 FT TO POB N 380.28 FT E 658.65 FT S 54.54 FT

E 110 FT S 327 FT W 768.51 FT TO POB

Be, and the same is hereby changed to Office Service and 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.  (Motion ADOPTED. Considered first reading.)

 

PROPOSED 2012-13 MAJOR STREET FUND BUDGET AMENDMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

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., Monday, May 20, 2013, in the Council Chambers of City Hall on the proposal to amend the 2012-13 Major Street Fund budget to increase expenditures by $100,000 to fund the resurfacing of Jefferson Avenue from the Highway US-10 overpass to Joe Mann Boulevard, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk