Midland City Council Regular Meeting - October 12, 2026

This summary is based solely on the raw transcript because no agenda or minutes were available. The supplied meeting date is October 12, 2026, but the raw transcript recites 'October 26, 2026 meeting'; the record does not reconcile this discrepancy. The broadcast introduction states council meetings are held at 7 p.m. two Mondays per month. All five council members were present, and no conflicts of interest were announced.

Consent Calendar

• The council approved the consent agenda and the meeting agenda by voice vote with no announced opposition; no items were removed.

MERS Agreement Termination - First Required Meeting

• City staff member Mr. Salini presented the first of two required meetings to terminate the city's agreement with the Municipal Employees Retirement System (MERS). The city established its own general employees' retirement system at the previous meeting, has held its first board meeting, and has vendors in place. No formal action was required tonight; the termination resolution is scheduled for the next meeting and will require a four-fifths vote.
• Council questions addressed whether the transition is insured and whether new board members could have conflicts of interest. Staff responded that there is no traditional insurance but the transaction is a common financial transition, and board members have a fiduciary duty and cannot unilaterally alter benefits.
• Marnie Daggett, MERS regional manager, read a statement on behalf of MERS expressing appreciation for the 79-year relationship, disappointment at the decision, respect for council authority, and commitment to a smooth and transparent transition. Council thanked her and asked whether she would attend the next meeting; she indicated this was MERS' opportunity unless council had further questions.

Public Hearing - Zoning Petition No. 674 (Heilman)

• Mr. Kane, planning staff, presented a request by Thomas Heilman to rezone 728 Prairie Creek Drive and 517 Lawton Drive from RA1 single-family residential to AG agricultural. The combined parcels are about 26.5 acres; a 4.5-acre portion of the Lawton parcel is already AG, and the rest is RA1. The Prairie Creek parcel is about a quarter-acre and, at 11,317 square feet and 77 feet wide, is below the AG district's 14,000-square-foot and 100-foot minimums, while the combined parcel exceeds the AG dimensional requirements. Staff found the request consistent with the conservation residential future land use designation and recommended approval. The Planning Commission recommended approval 5-1, with the dissent reportedly related to the undersized Prairie Creek parcel.
• The public hearing initially drew no comments, but after the motion, petitioner Thomas Heilman stated he purchased the property last fall and wants to develop wildlife habitat. Council members discussed access through Prairie Creek Drive, the undeveloped Lawton right-of-way, and the AG district's allowance for farm animals and poultry. Staff noted AG is the only city zoning district that permits farm animals, although EGLE discourages poultry in the watershed because of legacy contamination concerns.
• Council approved the rezoning 5-0.

Public Hearing - Zoning Petition No. 675 (Hill)

• Mr. Kane presented a request by Timothy Hill to rezone 6404 and 6500 Tittabawassee River Road from RA2 single-family residential to AG agricultural. The two parcels total 11.16 acres and are located within the regulatory floodway of the Tittabawassee River. The smaller parcel is vacant and had a mobile home demolished after the 2020 flood; the larger parcel contains a 1,456-square-foot home built in 1922 and a 720-square-foot accessory building. The petitioner requested AG zoning so his daughter may participate in 4-H and raise animals, activities not allowed in RA2. Staff recommended approval, noting the existing RA2 zoning is not consistent with the conservation residential future land use designation but AG is, and the Planning Commission recommended approval unanimously. No public comments were received on this petition.
• Council asked about flood insurance; staff responded that flood insurance is generally tied to federally backed mortgages on structures and is not required for vacant land, though the city strongly recommends it.
• Council approved the rezoning 5-0.

Public Comment Period

• The general public comment period on non-agenda items had no speakers.

FOIA Appeal - Council Acting in a Quasi-Judicial Capacity

• The council considered an appeal by David Clark, editor of the Midland Daily News, of the city's denial of FOIA requests concerning a former Midland Police Department deputy chief, as characterized by the appellant. Clark submitted requests received by the city on September 22 and September 30, 2026. The city attorney, who also serves as FOIA coordinator, said the city had the burden of proof by a preponderance of the evidence, tipping the scales by 51%. The former employee was placed on administrative leave effective September 17, 2026, and retired September 18, 2026. Clark's first request was denied in full; his follow-up request was partially granted by releasing two emails about leave and separation status. The city withheld complaints, internal affairs records, investigative findings, disciplinary records, and related personnel material under the law enforcement personnel records exemption. The appeal was sent October 7, 2026, and considered received October 12, 2026, the date supplied for this meeting.
• The city attorney argued that each record category was individually reviewed, that the public interest in preserving candid internal investigations and protecting complainants and witnesses outweighed disclosure, and that redaction could not meaningfully separate non-exempt material without still revealing protected information. He noted the city receives approximately 1,200 FOIA requests per year and cited Michigan appellate cases, warning that releasing exempt records could expose the city to liability.
• Clark asked the council for a partial reversal under the hybrid option, arguing the public has a strong interest in how the department handled a complaint and investigation involving a senior official. He said he was not seeking private information and that redacted records could show what was reviewed, what was concluded, and what action was taken. He argued secrecy would erode public confidence and asked the city to choose transparency.
• One public commenter, who refused to give his name, said the city was hiding something, stated he had received a similar denial when requesting officer disciplinary records, called the administrative leave followed by retirement suspicious, and warned that continued secrecy would attract larger legal challenges.
• In rebuttal, the city attorney said the city's decision was a record-specific balancing, not a blanket denial, and that the released emails demonstrated the city's segregability review. Council discussion cited the balancing test, confidentiality, the risk of identifying people, taxpayer exposure, and consistency with prior practice of not releasing police officer names.
• The council adopted the resolution upholding the FOIA denial in full by a 5-0 vote.

Key Outcomes

• Consent calendar and agenda approved by voice vote with no announced opposition.
• Zoning Petition No. 674 approved 5-0; the two properties were rezoned to AG agricultural.
• Zoning Petition No. 675 approved 5-0; the two properties were rezoned to AG agricultural.
• FOIA appeal denied 5-0; the city's September 25 and October 2 certified responses were upheld.
• MERS termination process advanced to its final step; a termination resolution will be considered at the next meeting and needs a four-fifths vote.