June 22, 1998
A regular meeting of the City Council was held on Monday, June 22, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.
A moment of silence was observed for Jim Chapman, the former Assistant Director of Public Services for Recreation, who passed away on Thursday, June 11, 1998.
Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski
Councilmen absent: None
Minutes Approval of the minutes of the June 8, 1998 regular meeting was offered by Councilman Moolenaar and and seconded by Councilman Coppage. (Motion adopted.)
Community Service Award Winner - Terry Pruitt Selina Tisdale, Community Relations Coordinator, introduced Terry Pruitt and Eileen and Hugh Starks who were recognized by Governor John Engler at the Fifth Annual Community Service Award dinner. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Terry Pruitt for his recognition by Governor Engler for his service as the Interim Executive Director of the Michigan Community Service Commission. (Motion adopted.) Mayor Black then presented a proclamation to Terry Pruitt honoring him for his service to the community.
Mawby Award Winners Eileen & Hugh Starks The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Eileen and Hugh Starks for winning the Mawby Award at Governor Engler’s Fifth Annual Community Service Award dinner. (Motion adopted.) Mayor Black then presented Eileen and Hugh Starks with a proclamation honoring them for their service to the community.
Community Service Award Winner - Garrett Russell The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Garrett Russell for winning a first place Award at Governor Engler’s Fifth Annual Community Service Award dinner. (Motion adopted.)
Midland Foundation’s Twenty-fifth Anniversary James Schroeder, Director of Planning and Community Development, introduced Denise Spencer, Executive Director of the Midland Foundation, and Roger Gohrband, President of the Midland Foundation Board. The Midland Foundation will be celebrating its Twenty-fifth Anniversary on July 16, 1998, at the Riverdays Festival. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that the Mayor is authorized to issue the attached proclamation in recognition of the Midland Foundation on its Twenty-fifth Anniversary. (Motion adopted.) Mayor Black then presented a Certificate of Recognition to Denise Spencer recognizing the Midland Foundation.
97-98 Major Street Maintenance Fund Budget Amendment Brian McManus, Assistant City Engineer, presented information on a request to amend the 1997-98 Major Street Fund Budget. A public hearing was opened at 7:50 p.m., no comments were made, the hearing closed at 7:51 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:
WHEREAS, in accordance with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, June 22, 1998, on the proposal to amend the 1997-98 budget of the Major Street Maintenance Fund in order to recognize and provide for the appropriation of additional revenue generated by payments in lieu of special assessments; now therefore
RESOLVED, that the 1997-98 budget of the Major Street Maintenance Fund is hereby amended by increasing revenue from Payments In Lieu Of Special Assessments by the amount of $73,600 and increasing appropriations for Transfers to Major Street Construction Fund by the amount of $73,600. (Motion adopted.)
PUBLIC COMMENTS No comments were made.
Various Permit Fees Ordinance Brian McManus, Assistant City Engineer, presented information on a second reading of amendments to Section 21-31, 21-40 and 22-41 and the adoption of Section 21-27 of the Code of Ordinances. The following ordinance amending various permit fees was then offered by Councilman Coppage and seconded by Councilman Wazbinski:
ORDINANCE NO. 1414
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 21-31 AND 21-40 OF CHAPTER 21; AND BY RENUMBERING SECTION 22-41 OF CHAPTER 22 AS SECTION 21-27 OF CHAPTER 21 AND AMENDING SAID SECTION THEREOF.
The City of Midland Ordains:
Section 1. Sections 21-31 and 21-40 of Chapter 21 are hereby amended to read as follows:
Sec. 21-31. Moving building permit fee.
The fee for a permit to move a building shall be twenty-five dollars ($25.00).
Sec. 21-40. Sidewalk construction permit fee.
The fee for a sidewalk construction permit shall be twenty-five dollars ($25.00).
Section 2. Section 22-41 of Chapter 22 is hereby renumbered as Section 21-27 of Chapter 21 and amended to read as follows:
Sec. 21-27. Street and Right-of-Way work permit fees.
The fee for each permit required by this article for performing work in the street shall be as follows:
Street opening permit ............................................$ 50.00
Driveway approach and curb cut permit:
Commercial driveways ................................$ 100.00
All others .................................................... $ 10.00
Annual public utility permit ..................................... $2,000.00
Public Utilities performing major construction or repairs of utility services must secure a street opening permit for each project that requires street openings or right-of-way disturbance pursuant to Section 22-38 of this Code regardless of acquisition of an annual permit.
Section 3. This ordinance shall take effect at 12:01 a.m. on July 1, 1998. (Ordinance adopted.)
Sewer Connection Fees Noel Bush, Director of Utilities, presented information on a second reading of an amendment to Chapter 21 which would increase fees for inspection of sanitary sewer and storm sewer connections effective July 1, 1998. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Wazbinski:
ORDINANCE NO. 1415
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-43 SEWER CONNECTION FEES OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section 1. Section 21-43 of Chapter 21 of the Code of Ordinances is hereby amended to read as follows:
Sec. 21-43. Sewer connection permits and fees.
(a) There are hereby established three (3) separate classifications of sewer connection permits:
(1) For the discharge of domestic wastes, not including intercepted ground waters or stormwaters from roofs, building drains, window well drains, patio drains, truck docks or parking lots, into designated sanitary sewers.
(2) For the discharge of intercepted ground waters or stormwaters from roofs, yards, building drains, window well drains, patio drains, truck docks or parking lots into designated storm sewers.
(3) For the temporary discharge of intercepted ground waters or overland storm water flow into designated sanitary sewers.
(b) For the discharge of domestic wastes into designated sanitary sewers, a sewer connection permit shall not be granted until the applicant has paid the proper fee established in accordance with the following schedule of fees and classification of property:
(1) For property which has previously paid a special assessment, the permit fee shall be one hundred twenty dollars ($120.00).
(2) For property which has previously constructed at private expense a sewer accepted and used by the city as a public sewer, the permit fee shall be one hundred twenty dollars ($120.00).
(3) For property which has, previous to the adoption of this chapter, made a connection to any existing city sewer, the permit fee shall be one hundred twenty dollars ($120.00).
(4) For each property which has not borne the expense of the construction of sewer mains, a permit shall not be granted until a permit fee, the sum of which is equal to one-half (1/2) of the per-foot cost of a ten-inch sewer indexed to the year of connection using THE ENGINEERING NEWS RECORD, "THE CONSTRUCTION COST INDEX," and calculated by the city engineer on a front foot basis, is paid. An additional charge shall be made for a six-inch connection line from the sewer main to the property line of the property to be served, if the sewer has or will be constructed by the city. Said additional charges shall be the city’s actual construction or contract costs. The property owner may choose to pay this fee in five (5) installments, the first installment being due at the time of connection, and the deferred installments being due annually thereafter, with interest accumulating at the rate of the most recent rate established by the city council for annual payments of special assessments. In such event, this charge shall constitute a lien on the premises subject thereto, and that amount shall also be a debt to the person to whom assessed until paid.
Annually, the city engineer shall notify the director of fiscal services of any such charges due. The director of fiscal services shall forward a statement of the total charges assessed on each parcel of property to the owner, as shown by the last current assessment or tax roll, and said assessment shall be payable to the city treasurer within thirty (30) days from the date said statement was forwarded. If not paid within the prescribed thirty-day period, such statement shall be filed by the director of fiscal services with the city assessor and shall thereupon be assessed against the land in question and become a lien on such property, in accordance with the city of Midland charter. The amount so charged may be discharged at any time by the payment of the amount specified in the statement, together with accrued interest compiled from the time of filing said statement with the city assessor.
(5) For the discharge of stormwater or intercepted ground water into designated storm sewers the permit fee shall be one hundred twenty dollars ($120.00).
(c) For the temporary discharge of stormwater or intercepted ground water into a designated sanitary sewer, no permit shall be issued except for a specified time period and upon a determination by the utilities department that no significant harm will result as based on rules and regulations adopted by the city council. Any such connection granted will be subject to disconnection without notice if the conditions for which the determination of no harm was made become changed.
(d) Evidence of tampering with any flow-regulating device shall be grounds for revocation of a temporary permit and shall be considered a misdemeanor.
Section 2. This ordinance shall take effect at 12:01 AM July 1, 1998. (Ordinance adopted.)
Sewer Connection Fees (1st Reading) Noel Bush, Director of Utilities, presented information on a first reading of an amendment to Chapter 21-43(6). Introduction and first reading of the following ordinance amending sanitary and storm sewer connection fees was then offered by Councilman Moolenaar and seconded by Councilman Coppage:
ORDINANCE NO.________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-43 SEWER CONNECTION FEES OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section 1. Section 21-43 of Chapter 21 of the Code of Ordinances is hereby amended to read as follows:
Sec. 21-43. Sewer connection permits and fees.
(a) There are hereby established three (3) separate classifications of sewer connection permits:
(1) For the discharge of domestic wastes, not including intercepted ground waters or stormwaters from roofs, building drains, window well drains, patio drains, truck docks or parking lots, into designated sanitary sewers.
(2) For the discharge of intercepted ground waters or stormwaters from roofs, yards, building drains, window well drains, patio drains, truck docks or parking lots into designated storm sewers.
(3) For the temporary discharge of intercepted ground waters or overland storm water flow into designated sanitary sewers.
(b) For the discharge of domestic wastes into designated sanitary sewers, a sewer connection permit shall not be granted until the applicant has paid the proper fee established in accordance with the following schedule of fees and classification of property:
(1) For property which has previously paid a special assessment, the permit fee shall be one hundred twenty dollars ($120.00).
(2) For property which has previously constructed at private expense a sewer accepted and used by the city as a public sewer, the permit fee shall be one hundred twenty dollars ($120.00).
(3) For property which has, previous to the adoption of this chapter, made a connection to any existing city sewer, the permit fee shall be one hundred twenty dollars ($120.00).
(4) For each property which has not borne the expense of the construction of sewer mains, a permit shall not be granted until a permit fee, the sum of which is equal to one-half (1/2) of the per-foot cost of a ten-inch sewer indexed to the year of connection using THE ENGINEERING NEWS RECORD, "THE CONSTRUCTION COST INDEX," and calculated by the city engineer on a front foot basis, is paid. An additional charge shall be made for a six-inch connection line from the sewer main to the property line of the property to be served, if the sewer has or will be constructed by the city. Said additional charges shall be the city’s actual construction or contract costs. The property owner may choose to pay this fee in five (5) installments, the first installment being due at the time of connection, and the deferred installments being due annually thereafter, with interest accumulating at the rate of the most recent rate established by the city council for annual payments of special assessments. In such event, this charge shall constitute a lien on the premises subject thereto, and that amount shall also be a debt to the person to whom assessed until paid.
Annually, the city engineer shall notify the director of fiscal services of any such charges due. The director of fiscal services shall forward a statement of the total charges assessed on each parcel of property to the owner, as shown by the last current assessment or tax roll, and said assessment shall be payable to the city treasurer within thirty (30) days from the date said statement was forwarded. If not paid within the prescribed thirty-day period, such statement shall be filed by the director of fiscal services with the city assessor and shall thereupon be assessed against the land in question and become a lien on such property, in accordance with the city of Midland charter. The amount so charged may be discharged at any time by the payment of the amount specified in the statement, together with accrued interest compiled from the time of filing said statement with the city assessor.
(5) For the discharge of stormwater or intercepted ground water into designated storm sewers the permit fee shall be one hundred twenty dollars ($120.00).
(6) THE COMBINED PERMIT FEE FOR EACH PROPERTY FOR WHICH A SANITARY SEWER CONNECTION PERMIT AND A STORM WATER CONNECTION PERMIT IS OBTAINED AT THE SAME TIME AND FOR WHICH THE INSPECTION OF BOTH CONNECTIONS ARE TO BE COMPLETED AT THE SAME TIME SHALL BE ONE HUNDRED SIXTY-FIVE DOLLARS ($165.00).
(c) For the temporary discharge of stormwater or intercepted ground water into a designated sanitary sewer, no permit shall be issued except for a specified time period and upon a determination by the utilities department that no significant harm will result as based on rules and regulations adopted by the city council. Any such connection granted will be subject to disconnection without notice if the conditions for which the determination of no harm was made become changed.
(d) Evidence of tampering with any flow-regulating device shall be grounds for revocation of a temporary permit and shall be considered a misdemeanor.
Section 2. This ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)
Filtered Water Rate Ordinance Noel Bush, Director of Utilities, presented information on the second reading of an amendment to Section 28-70 that would increase filtered water rates. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
ORDINANCE NO. 1416
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES FOR FILTERED WATER SERVICE BY AMENDING SECTION 28-70 OF DIVISION 4 OF ARTICLE II OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Sec. 28-70 of Division 4 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-70. Filtered water rate generally.
All filtered water bills shall be calculated according to the following:
(a) For each 1,000 gallons used per quarter . . . . . $ .97
In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:
5/8" - 3/4" metered service . . . . . . . . . $ 27.21
1" metered service . . . . . . . . . . . . . . . 35.40
1-1/2" metered service . . . . . . . . . . . . 43.56
2" metered service . . . . . . . . . . . . . . . 70.77
3" metered service . . . . . . . . . . . . . . . 272.19
4" metered service . . . . . . . . . . . . . . . 353.85
6" metered service . . . . . . . . . . . . . . . 517.17
8" metered service . . . . . . . . . . . . . . . 734.94
(b) Gross rates shall be ten (10) percent greater than the above
schedule of rates and shall be charged for water service paid for after the date shown on the bills.
Section 2. This ordinance shall take effect upon publication. (Ordinance adopted.)
Sewer Rates Ordinance Noel Bush, Director of Utilities, presented information on the second reading of an amendment to Section 28-163 that would increase fees for sewer services. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:
ORDINANCE NO. 1417
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES FOR SEWER SERVICES BY AMENDING SECTION 28-163 OF DIVISION 3, OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1. Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:
Sec. 28-163. Amount of sewer charge.
The charges for sewer service shall be calculated according to the following schedule:
(a) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:
5/8" - 3/4" metered service . . . . . . . . . . $ 21.45
1" metered service . . . . . . . . . . . . . . 27.90
1-1/2" metered service . . . . . . . . . . . . 34.35
2" metered service . . . . . . . . . . . . . . 55.80
3" metered service . . . . . . . . . . . . . . 214.59
4" metered service . . . . . . . . . . . . . . 278.97
6" metered service . . . . . . . . . . . . . . 407.73
8" metered service . . . . . . . . . . . . . . 579.42
(b) In addition to the readiness-to-serve charge set forth in paragraph (a) of this section, there will be an additional charge for sewer service which will be calculated as follows:
For each 1,000 gallons of water used per quarter . . . . . $1.23
However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewerage service in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.
Section 2. This ordinance shall take effect upon publication. (Ordinance adopted.)
P.I.L.O.T. - Grove Street Commons I James Schroeder, Director of Planning and Community Development, presented information on a first reading of an ordinance amendment to Chapter 2, Article XIII. This ordinance amendment would provide for Payment in Lieu of Taxes (P.I.L.O.T.) for Grove Street Commons I and Grove Street Commons II. Thomas McCann, 3310 Jefferson, spoke in opposition to granting a P.I.L.O.T. to Grove Street Commons. Jackie Schneider, formerly a Michigan State Housing Agent, stated she was not opposed to the units but was opposed to granting P.I.L.O.T. Robert L. Downing, 716 E. Pine Street, questioned if these units were really for low income families. John Zimmerman, 2825 Chippewa Lane, speaking on behalf of the Affordable Housing Alliance projects, Staci Smith from Smith Equities, and Lesley Robinson, a member of the Affordable Housing Alliance, all spoke in favor of the project. Robert Zimmerman, 4613 Eastman Avenue, expressed his opposition to the project citing unfairness to other landlords who are unable to receive a tax break. Richard Miller, 5107 Foxcroft, supported the project. Introduction and first reading of the following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:
ORDINANCE NO. __________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 2-261, 2-262, AND 2-267, ARTICLE XIII, CHAPTER 2, AND BY ADDING NEW SECTIONS WHICH SHALL BE DESIGNATED SECTIONS 2-261.(B), 2-260.4, AND 2-264.2, ARTICLE XIII, CHAPTER 2 THEREOF.
The City of Midland Ordains:
Section 1. Article XIII, Chapter 2, Section 2-261, Tax Exemptions for
HOUSING DEVELOPMENTS FOR Charter Square, Green Hill, Bracken Woods,
ELDERLY AND LOW-INCOME PERSONS is hereby amended to read as follows:
Sec. 2-261: Definitions.
(b) (A) Act means the State Housing Development Authority Act, being Public Act 346
of 1966 of the State of Michigan, as amended.(B) ANNUAL SHELTER RENT MEANS THE TOTAL COLLECTIONS DURING AN AGREED ANNUAL PERIOD FROM ALL OCCUPANTS OF A HOUSING DEVELOPMENT REPRESENTING RENT OR OCCUPANCY CHARGES, EXCLUSIVE OF CHARGES FOR GAS, ELECTRICITY, HEAT, OR OTHER UTILITIES FURNISHED TO THE OCCUPANTS.
(a) (C) Authority means the Michigan State Housing Development Authority.
(c) (D) Contract rents are defined by the US Department of Housing and Urban Development in regulations promulgated pursuant to the US Housing Act of 1937, as amended by the Housing and Community Development Act of 1947. It is understood that such rents are meant to be the tenants’ rental contributions plus any federal subsidies.
(d) (E) Elderly shall mean a family wherein the head of the household is sixty-two (62) years of age or older or a single person who is sixty-two (62) years of age or older.
(e) (F) Housing development means a development which contains a significant element of housing for low-income persons or elderly persons of low income and such elements of other housing, commercial, recreational, industrial, communal and educational facilities as the authority determines improve the quality of the development as it relates to housing for low-income persons or elderly persons of low income.
(f) (G) Low-income persons means persons and families eligible to move into a housing development financed by the authority.
(g) (H) Mortgage loan means a loan made or to be made by the authority to sponsors for the construction and/or permanent financing of the housing development.
(h) (I) Sponsor means person or entities which have applied to the authority for, or previously received from the authority, a mortgage loan to finance a housing development, OR WHICH HAVE APPLIED TO THE AUTHORITY FOR A RESERVATION/ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
(i) (J) Utilities means fuel, water, sanitary sewer service and/or electrical service, which are paid by the development.
Section 2. Article XIII, Section 2-262, is hereby amended to read as follows:
Sec. 2-262. Class of housing developments.
It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act. It is further determined that GROVE STREET COMMONS I, Bracken Woods Apartments, and the elderly portions of Charter Square and Green Hill are of this class.
Section 3. Article XIII, Sections 2-260.4 and 2-264.2 are hereby added to read as follows:
SEC. 2-260.4. GROVE STREET COMMONS I.
THE CITY ACKNOWLEDGES THAT THE AFFORDABLE HOUSING ALLIANCE OF MIDLAND COUNTY, A 501(C)(3) CORPORATION (A SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO AN ALLOCATION OF TAX CREDIT FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS GROVE STREET COMMONS I, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:
LOTS 13 AND 14, AND THE SOUTHEAST 1/2 OF LOT 15 OF BLOCK 57 OF LARKIN’S ADDITION TO THE CITY OF MIDLAND, RECORDED IN LIBER A, PAGE 26, OF MIDLAND COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS PART OF SECTION 16 AND PART OF SECTION 21, T14N, R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEGINNING AT THE EAST CORNER OF BLOCK 57 OF SAID LARKIN’S ADDITION TO THE CITY OF MIDLAND; THENCE N 46 DEG 02 MIN 23 SEC W, 150.00 FEET; THENCE S 44 DEG 00 MIN 00 SEC W, 120.47 FEET; THENCE S 46 DEG 05 MIN 15 SEC W, 150.00 FEET; THENCE N 44 DEG 00 MIN 00 SEC W, 120.34 FEET TO THE POINT OF BEGINNING.
SEC. 2-264.2. ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR GROVE STREET COMMONS I.
(A) ANNUAL SERVICE CHARGE. THE HOUSING DEVELOPMENT IDENTIFIED AS GROVE STREET COMMONS I AND THE PROPERTY ON WHICH IT SHALL BE CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE COMMENCEMENT OF CONSTRUCTION. THE CITY, ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSTRUCT, OWN, AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES. THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.
(B) LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE. NOT-WITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS OR FAMILIES SHALL BE EQUAL TO THE FULL AMOUNT OF THE TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING DEVELOPMENT IF THE HOUSING DEVELOP-MENT WERE NOT EXEMPT.
Section 4. Article XIII, Section 2-267, is hereby amended to read as follows:
SEC. 2.267. Duration.
This article shall remain in effect and shall not terminate so long as the
A mortgage loan MADE TO A SPONSOR FOR A DEVELOPMENT SUBJECT TO THIS ARTICLE remains
outstanding and unpaid or the authority has any interest in the property
SUBJECT TO A SERVICE CHARGE UNDER THIS ARTICLE, AND SO LONG AS THE PROJECT REMAINS
COMPLIANT WITH SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, IF APPLICABLE;
provided, that construction of the ANY housing development SUBJECT TO
THIS ARTICLE commences within one year from the effective date of this article
THE ORDINANCE ESTABLISHING THE ANNUAL SERVICE CHARGE FOR SAID DEVELOPMENT.
Section 5. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)
P.I.L.O.T. - Grove Street Commons II Introduction and first reading of the following ordinance amendment was offered by Councilman Tysse and seconded by Councilman Coppage:
ORDINANCE NO. __________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 2-261, 2-262, AND 2-267, ARTICLE XIII, CHAPTER 2, AND BY ADDING NEW SECTIONS WHICH SHALL BE DESIGNATED SECTIONS 2-261.(B), 2-260.5, AND 2-264.3, ARTICLE XIII, CHAPTER 2 THEREOF.
The City of Midland Ordains:
Section 1. Article XIII, Chapter 2, Section 2-261, Tax Exemptions for
HOUSING DEVELOPMENTS FOR Charter Square, Green Hill, Bracken Woods,
ELDERLY AND LOW-INCOME PERSONS is hereby amended to read as follows:
Sec. 2-261: Definitions.
(b) (A) Act means the State Housing Development Authority Act, being Public Act 346
of 1966 of the State of Michigan, as amended.(B) ANNUAL SHELTER RENT MEANS THE TOTAL COLLECTIONS DURING AN AGREED ANNUAL PERIOD FROM ALL OCCUPANTS OF A HOUSING DEVELOPMENT REPRESENTING RENT OR OCCUPANCY CHARGES, EXCLUSIVE OF CHARGES FOR GAS, ELECTRICITY, HEAT, OR OTHER UTILITIES FURNISHED TO THE OCCUPANTS.
(a) (C) Authority means the Michigan State Housing Development Authority.
(c) (D) Contract rents are defined by the US Department of Housing and Urban Development in regulations promulgated pursuant to the US Housing Act of 1937, as amended by the Housing and Community Development Act of 1947. It is understood that such rents are meant to be the tenants’ rental contributions plus any federal subsidies.
(d) (E) Elderly shall mean a family wherein the head of the household is sixty-two (62) years of age or older or a single person who is sixty-two (62) years of age or older.
(e) (F) Housing development means a development which contains a significant element of housing for low-income persons or elderly persons of low income and such elements of other housing, commercial, recreational, industrial, communal and educational facilities as the authority determines improve the quality of the development as it relates to housing for low-income persons or elderly persons of low income.
(f) (G) Low-income persons means persons and families eligible to move into a housing development financed by the authority.
(g) (H) Mortgage loan means a loan made or to be made by the authority to sponsors for the construction and/or permanent financing of the housing development.
(h) (I) Sponsor means person or entities which have applied to the authority for, or previously received from the authority, a mortgage loan to finance a housing development, OR WHICH HAVE APPLIED TO THE AUTHORITY FOR A RESERVATION/ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
(i) (J) Utilities means fuel, water, sanitary sewer service and/or electrical service, which are paid by the development.
Section 2. Article XIII, Section 2-262, is hereby amended to read as follows:
Sec. 2-262. Class of housing developments.
It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act. It is further determined that GROVE STREET COMMONS II, Bracken Woods Apartments, and the elderly portions of Charter Square and Green Hill are of this class.
Section 3. Article XIII, Sections 2-260.4 and 2-264.2 are hereby added to read as follows:
SEC. 2-260.5. GROVE STREET COMMONS II.
THE CITY ACKNOWLEDGES THAT THE AFFORDABLE HOUSING ALLIANCE OF MIDLAND COUNTY, A 501(C)(3) CORPORATION (A SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO AN ALLOCATION OF TAX CREDIT FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS GROVE STREET COMMONS II, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:
LOTS 10, 11, 12, AND THE SOUTHEAST 25 FEET OF LOT 9, BLOCK 57 OF LARKIN’S ADDITION TO THE CITY OF MIDLAND, RECORDED IN LIBER A, PAGE 26, OF MIDLAND COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS PART OF SECTION 16 AND PART OF SECTION 21, T14N, R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEGINNING AT A POINT WHICH IS S 44 DEG 00 MIN 00 SEC W, 120.34 FEET FROM THE EAST CORNER OF BLOCK 57 OF SAID LARKIN’S ADDITION TO THE CITY OF MIDLAND; THENCE S 44 DEG 00 MIN 00 SEC W, 120.34 FEET; THENCE N 46 DEG 08 MIN 09 SEC W, 205.00 FEET; THENCE S 44 DEG 00 MIN 00 SEC W, 120.51 FEET; THENCE S 46 DEG 05 MIN 15 SEC E, 205.00 FEET; TO THE POINT OF BEGINNING.
SEC. 2-264.3. ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR GROVE STREET COMMONS II.
(A) ANNUAL SERVICE CHARGE. THE HOUSING DEVELOPMENT IDENTIFIED AS GROVE STREET COMMONS II AND THE PROPERTY ON WHICH IT SHALL BE CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE COMMENCEMENT OF CONSTRUCTION. THE CITY, ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSTRUCT, OWN, AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES. THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.
(B) LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE. NOT-WITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS OR FAMILIES SHALL BE EQUAL TO THE FULL AMOUNT OF THE TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING DEVELOPMENT IF THE HOUSING DEVELOPMENT WERE NOT EXEMPT.
Section 4. Article XIII, Section 2-267, is hereby amended to read as follows:
SEC. 2-267. Duration.
This article shall remain in effect and shall not terminate so long as the
A mortgage loan MADE TO A SPONSOR FOR A DEVELOPMENT SUBJECT TO THIS ARTICLE remains
outstanding and unpaid or the authority has any interest in the property
SUBJECT TO A SERVICE CHARGE UNDER THIS ARTICLE, AND SO LONG AS THE PROJECT REMAINS
COMPLIANT WITH SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, IF APPLICABLE;
provided, that construction of the ANY housing development SUBJECT TO
THIS ARTICLE commences within one year from the effective date of this article
THE ORDINANCE ESTABLISHING THE ANNUAL SERVICE CHARGE FOR SAID DEVELOPMENT.
Section 5. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)
Standard T-Hangar Lease Agmt Jerry Hammond, City Engineer, presented information on a standard T-hangar lease agreement for Barstow Airport. The standard form would be subject to an annual review when the lease rate is adjusted for the increase in Consumer Price Index. Charles Hepenstal, 1317 North Parkway, opposed placing this item on the consent agenda and opposed the City being in competition with other businesses. Mr. Hepenstal felt the hangars should be sold. The following resolution was then offered Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, City Council has delegated permission to the administration for approval for certain routine items including standard lease agreements in the past; and
WHEREAS, the City Attorney has prepared and approved a standard T-hangar lease agreement; now therefor
RESOLVED, that the City Council hereby approves the standard T-hangar lease agreement form and authorizes the City Manager to sign and approve the future standard T-hangar lease agreements on behalf of the City. (Motion adopted.)
DDA July 1998 Tax Levy The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, a public hearing was conducted on Monday, May 18, 1998, at 7:30 p.m., E.D.T., in accordance with Section 30 of the City of Midland Code of Ordinances, and State of Michigan Act 197, Public Acts of 1975 on the proposal to levy millage for the purpose of financing operations of the City of Midland Downtown Development Authority; now therefore
RESOLVED, that the City Assessor is hereby authorized and instructed to levy 2.0 mills of ad valorem taxes, based on Taxable Valuation, against all those properties lying within the Downtown District as previously established in the Ordinance. (Motion adopted.)
MPS July 1998 Tax Levy The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 1998; now therefore
RESOLVED, that the City Council hereby approves said request and agrees to collect the 1998 Midland Public Schools summer property tax levy. (Motion adopted.)
MCESA July 1998 Tax Levy The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 1998; now therefore
RESOLVED, that the City Council hereby approves said request and agrees to collect the 1998 Midland County Educational Service Agency summer property tax levy. (Motion adopted.)
Bay City - July 1998 Tax Levy The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of all school property taxes within the City of Midland, for the year 1998; now therefore
RESOLVED, that the City Council hereby approves said request and agrees to collect the 1998 Bay City Public Schools summer property tax levy. (Motion adopted.)
Bay Arenac - July 1998 Tax Levy The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of all school property taxes within the City of Midland, for the year 1998; now therefore
RESOLVED, that the City Council hereby approves said request and agrees to collect the 1998 Bay-Arenac Intermediate School District summer property tax levy. (Motion adopted.)
Special Assessment Installments and Accounts Receivable The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 1998 tax roll, Special Assessments in the various amounts as indicated herein:
Street Improvement Rolls
1987 Street Improvement 13,333.79
1988 Street Improvement 3,769.51
1990 Street Improvement 25,036.84
1993 Street Improvement 11,259.94
1994 Street Improvement 48,887.16
1995 Street Improvement 5,283.12
1996 Street Improvement 22,998.16
1997 Street Improvement 26,189.97
Subtotal Street Improvement Rolls $156,758.49
Sanitary Sewer Improvement Rolls
1987 Sanitary Sewer Improvement 10,042.17
1990 Sanitary Sewer Improvement 5,272.82
1993 Sanitary Sewer Improvement 8,190.55
1994 Sanitary Sewer Improvement 4,392.59
1996 Sanitary Sewer Improvement 11,424.56
1997 Sanitary Sewer Improvement 29,752.35
Subtotal Sanitary Sewer Improvement Rolls $ 69,075.04
Water Main Improvement Rolls
1995 Water Main Improvement 5,449.46
1993 Water Main Improvement 3,217.08
1994 Water Main Improvement 1,141.81
1995 Water Main Improvement 5,942.07
1996 Water Main Improvement 29,834.54
1997 Water Main Improvement 14,500.99
Subtotal Water Main Improvement Rolls $ 60,085.95
Sidewalk Improvement Rolls
1991 Sidewalk Improvement 1,472.26
1993 Sidewalk Improvement 6,576.60
1994 Sidewalk Improvement 4,793.46
1995 Sidewalk Improvement 2,725.81
1996 Sidewalk Improvement 8,865.40
1997 Sidewalk Improvement 5,903.58
Subtotal Sidewalk Improvement Rolls $ 30,337.11
1998 Downtown Economic Revitalization Roll $ 36,016.20
Accounts Receivable Roll $ 4,586.34
TOTAL SPECIAL ASSESSMENT ROLL $356,859.13
; and
RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 1998 General Fund Tax Roll Accounts Receivable. (Motion adopted.)
EAP Contract - Lona McLuckie The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for eleven years; and
WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and
WHEREAS, in accordance with Section 2-l9 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore
RESOLVED, that the proposed contract dated June 15, l998 between the City of Midland and Lona McLuckie, effective July l, l998 through June 30, l999 for the provision of Employee Assistance Program services, is hereby approved and the Mayor and City Clerk are authorized to execute the final document. (Motion adopted.)
98 US-10 BR/M-20 Joint Repair The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, the Michigan Department of Transportation has agreed to reimburse the City of Midland for costs incurred for joint repairs on US-10BR / M-20 limited access highway between US-10 and Saginaw Road in an amount not to exceed $290,000; and
WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for said joint repair; and
WHEREAS, the successful bidder is Kelcris Corporation of Williamston, Michigan in the amount of $229,465.00; and
WHEREAS, Michigan Department of Transportation form 426, Quotation Request for Services or Equipment must be executed by both the contractor and the City of Midland prior to Administrative Board approval for this work; now therefore
RESOLVED, that the sealed proposal submitted by Kelcris Corporation of Williamston, Michigan, for the "1998 US-10BR / M-20 Joint Repairs; Contract No. 22", in the indicated amount of $229,465.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications subject to the approval of the MDOT Administrative Board; and
RESOLVED FURTHER, that the City Manager is hereby authorized to execute MDOT form 426 in the amount of $ 289,940.00; and
RESOLVED FURTHER, that the City Manager is hereby authorized to execute Change Order No. 1 to the 1998 US-10BR / M-20 Joint Repairs; Contract No. 22 in the amount of $60,475.00 and has authority to approve any additional change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)
98 Sidewalk Improvement Special Roll (Public Hearing 7/13) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, pursuant to the direction of the Council, the City Assessor of said City of Midland has prepared and reported to the Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "1998 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the Council; now therefore
RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:30 o’clock p.m., on the thirteenth day of July, 1998, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and
RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the thirteenth day of July, 1998, and that the City Clerk also give notice of said hearing by letter 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 the Public Acts of Michigan of 1962. (Motion adopted.)
Request to Close South End of Woodlawn (Public Hearing 7/20) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, petitions have been received requesting the closure of Woodlawn Street at its intersection with North Saginaw Road, to create a cul-de-sac; and
WHEREAS, recommendations have been received from the Planning Commission, the City’s Traffic Engineer, the City Engineer, the Department of Public Services, the Fire Chief, and the Police Chief, regarding such action; now therefore
RESOLVED, that a public hearing will be held on July 20, 1998, at 7:30 p.m., in the Council Chambers of City Hall in the City of Midland, to provide an opportunity for interested parties to make comment on this request. (Motion adopted.)
Request to Access North Side of West Wheeler
(Public Hearing 7/20) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:WHEREAS, a request has been received from Richard Miller, on behalf of Patricia Snyder, to allow access to the north side of West Wheeler Street (a controlled access thoroughfare) approximately 300 feet west of the intersection of Jefferson Avenue; and
WHEREAS, recommendations to deny such access have been received from the Planning Commission, the City Engineer, and the City’s Traffic Engineer; now therefore
RESOLVED, that a public hearing will be held on July 20, 1998, at 7:30 p.m., in the Council Chambers of City Hall in the City of Midland, to provide an opportunity for interested parties to make comment on this request. (Motion adopted.)
Zoning Petition No. 433 (Public Hearing 7/13) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 13, 1998, at 7:30 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 CLASSIFICATION WHERE A BUSINESS A DISTRICT PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:
That property described as: Beginning 1909.57 feet East of the West 1/4 corner of Section 14, T14N, R2E, City of Midland, Midland County, Michigan; thence East 280 feet; thence North 0° 20’ 00" East 654 feet; thence West 280 feet; thence South 0° 20’ 00" West 654 feet to the Point of Beginning, except the North 307 feet thereof,
be, and the same is hereby changed to a Residential B District.
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.)
ZTA No. 130A (Public Hearing 7/13) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 13, 1998, at 7:30 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.
ORDINANCE NO. ________
AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 BY DELETING FROM ARTICLE V--RESIDENTIAL "A-1," "A-2," "A-3," AND "A-4," SUBSECTIONS 5.1(A) 9. AND 10., AND BY ADDING TO ARTICLE V A NEW SUBSECTION 5.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY DELETING FROM ARTICLE VII--RESIDENTIAL "B," SUBSECTIONS 7.1(A)5. AND 7., AND BY ADDING TO ARTICLE VII A NEW SUBSECTION 7.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY ADDING TO ARTICLE XIV--BUSINESS "A," A NEW SUBSECTION 14.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY ADDING TO ARTICLE XVIII--BUSINESS "C," A NEW SUBSECTION 18.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY ADDING TO ARTICLE XXII--INDUSTRIAL "A," A NEW SUBSECTION 22.1(C), PERMITTED USES AFTER SPECIAL APPROVAL, AND BY ADDING TO ARTICLE XXIII--INDUSTRIAL "B," A NEW SUBSECTION 23.1(C), PERMITTED USES AFTER SPECIAL APPROVAL.
The City of Midland Ordains:
Section 1. That Article V--Residential "A-1," "A-2," "A-3," and "A-4," Article VII--Residential "B," Article XIV--Business "A," Article XVIII--Business "C," Article XXII--Industrial "A," and Article XXIII--Industrial "B," of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended, as follows:
ARTICLE V--RESIDENTIAL "A-1," "A-2," "A-3," "A-4," DISTRICT USE,
AREA, HEIGHT AND PLACEMENT REGULATION
Section 5.1 USE REGULATION
(a) Permitted principal uses and buildings.
Schools, minimum lot size, one (1) acre, and provided the principal building is not less than fifty (50) feet from any interior lot line. Permitted secondary uses include vocational, technical, post-secondary and similar adult educational programs; cultural and recreational activities; public and semi-public meetings and programs, public service club programs and events, and other uses traditionally occurring in school facilities. Secondary uses shall be provided with off-street parking, in accord with Article XXX.
a. The site shall not be less than one (1) acre.
b. Principal building shall not be less than fifty (50) feet from any interior lot line.
7. Golf courses, public and private, provided: a.
primary access shall be directly from a major or secondary thoroughfare.
8. Fire stations, provided all principal buildings are not less than fifty (50) feet from any abutting residential or agricultural zoned district.
9. Public utility facilities, without storage yards, when the operating requirements necessitate the locating of said facility within the district in order to serve the immediate vicinity, provided all structures are not less than fifty (50) feet from any interior lot line, and the facility shall be screened in accordance with Article XXIX, Section 29.12.
10. Nursery schools and day care centers, provided:
a. There is not less than seventy-five (75) square feet of open play area per child.
b. A minimum site of one (1) acre.
c. All buildings are at least fifty (50) feet from interior lot lines.
11. 9. Overnight sleeping accommodations such as bed and breakfast accommo-dations in private residences, when operated by occupants of the residence, providing there are not more than two (2) guest sleeping rooms, with length of stay not to exceed fourteen (14) days
(C) PERMITTED USES AFTER SPECIAL APPROVAL.
1. PUBLIC UTILITY FACILITIES WITH NO STRUCTURE HIGHER THAN TWENTY-EIGHT (28) FEET, WITHOUT STORAGE YARDS, WHEN THE OPERATING REQUIREMENTS NECESSITATE THE LOCATING OF SAID FACILITY WITHIN THE DISTRICT IN ORDER TO SERVE THE IMMEDIATE VICINITY, PROVIDED ALL STRUCTURES ARE NOT LESS THAN FIFTY (50) FEET FROM ANY INTERIOR LOT LINE, AND THE FACILITY SHALL BE SCREENED IN ACCORDANCE WITH ARTICLE XXIX, SECTION 29.12.
2. NURSERY SCHOOLS AND DAY-CARE CENTERS.
a. SEVEN (7) TO TWELVE (12) ATTENDEES ALLOWED IN INDIVIDUAL RESIDENCES.
b. ATTENDEES GREATER THAN TWELVE (12), PROVIDED:
(1) THERE IS NOT LESS THAN SEVENTY-FIVE (75) SQUARE FEET OF OPEN PLAY AREA PER CHILD.
(2) A MINIMUM SITE OF ONE (1) ACRE.
(3) ALL BUILDINGS ARE AT LEAST FIFTY (50) FEET FROM INTERIOR LOT LINES.
3. PRIVATE NONPROFIT SOCIAL SERVICE AGENCIES.
4. OFF-SITE ACCESSORY USES BY A RELIGIOUS ORGANIZATION OR ITS AFFILIATES WHERE NO WORSHIP SERVICES ARE CONDUCTED.
5. ASSISTED LIVING FACILITIES.
6. NURSING HOMES.
7. HOMES FOR THE AGED.
ARTICLE VII--RESIDENTIAL "B" DISTRICT USE,
AREA, AND HEIGHT REGULATION
Section 7.1 USE REGULATION
(a) Permitted principal uses and buildings.
1. All uses permitted in Residential "A" Districts, including any special requirements as noted in Section 5.1(a)5 through Section 5.1(a)11.
2. Multiple-family dwellings, including housing for the elderly.
3. Rooming houses.
4. Nursing homes; homes for the aged. There shall be not less than 1,200 square feet of lot area per bed.
5. Nursery school and day care centers, provided there is not less than seventy-five (75) square feet of open play area per child.
6. 5. Foster care centers.
7. Public utility facilities, without storage yards, when the operating requirements necessitate the locating of said facility within the district in order to serve the immediate vicinity; provided all structures are not less than fifty (50) feet from any interior lot line, and the facility shall be screened in accordance with Article XXIX, Section 29.12.
8. 6. Facilities providing housing for the clients of private, nonprofit social service agencies, which include related functions for administration and counseling services.
(C) PERMITTED USES AFTER SPECIAL APPROVAL.
1. PUBLIC UTILITY FACILITIES WITH NO STRUCTURE HIGHER THAN TWENTY-EIGHT (28) FEET, WITHOUT STORAGE YARDS, WHEN THE OPERATING REQUIREMENTS NECESSITATE THE LOCATING OF SAID FACILITY WITHIN THE DISTRICT IN ORDER TO SERVE THE IMMEDIATE VICINITY, PROVIDED ALL STRUCTURES ARE NOT LESS THAN FIFTY (50) FEET FROM ANY INTERIOR LOT LINE, AND THE FACILITY SHALL BE SCREENED IN ACCORDANCE WITH ARTICLE XXIX, SECTION 29.12.
2. NURSERY SCHOOLS AND DAY-CARE CENTERS.
a. SEVEN (7) TO TWELVE (12) ATTENDEES ALLOWED IN INDIVIDUAL RESIDENCES.
b. ATTENDEES GREATER THAN TWELVE (12), PROVIDED:
(1) THERE IS NOT LESS THAN SEVENTY-FIVE (75) SQUARE FEET OF OPEN PLAY AREA PER CHILD.
(2) A MINIMUM SITE OF ONE (1) ACRE.
(3) ALL BUILDINGS ARE AT LEAST FIFTY (50) FEET FROM INTERIOR LOT LINES.
3. PRIVATE NONPROFIT SOCIAL SERVICE AGENCIES.
4. OFF-SITE ACCESSORY USES BY A RELIGIOUS ORGANIZATION OR ITS AFFILIATES WHERE NO WORSHIP SERVICES ARE CONDUCTED.
5. ASSISTED LIVING FACILITIES.
6. NURSING HOMES.
7. HOMES FOR THE AGED.
ARTICLE XIV--BUSINESS "A" DISTRICT USE,
AREA, HEIGHT AND PLACEMENT REGULATION
Section 14.1 USE REGULATION
(C) PERMITTED USES AFTER SPECIAL APPROVAL.
ARTICLE XVIII--BUSINESS "C" DISTRICT USE,
AREA, HEIGHT AND PLACEMENT REGULATION
Section 18.1 USE REGULATION
(C) PERMITTED USES AFTER SPECIAL APPROVAL.
ARTICLE XXII--INDUSTRIAL "A" DISTRICT USE,
AREA, HEIGHT AND PLACEMENT REGULATION
Section 22.1 USE REGULATION
(C) PERMITTED USES AFTER SPECIAL APPROVAL.
ARTICLE XXIII--INDUSTRIAL "B" DISTRICT USE,
AREA, HEIGHT AND PLACEMENT REGULATION
Section 23.1 USE REGULATION
(C) PERMITTED USES AFTER SPECIAL APPROVAL.
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.)
Dow Chemical IFT Applications Councilman Tysse, a Dow Chemical employee, requested that he be allowed to abstain from voting on Agenda Item #14f regarding the request for IFT exemption certificates for The Dow Chemical Company. Council unanimously agreed to the abstention. The following four resolutions were then presented for consideration.
IFT - Dow Chemical ($14,000,000) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that an application received May 29, l998, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to a capacity expansion of one of Dow’s specialty chemical businesses in the amount of $14,000,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, July 20, l998, at 7:30 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)
IFT - Dow Chemical ($4,076,000) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that an application received May 29, l998, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to a capacity expansion in two research and development facilities in the amount of $4,076,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, July 20, l998, at 7:30 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)
IFT - Dow Chemical ($3,000,000) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that an application received May 29, l998, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to replacement of a dryer system in the Saran Polymers Plant in the amount of $3,000,000 relating to rehabilitation facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, July 20, l998, at 7:30 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)
IFT - Dow Chemical ($8,965,000) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that an application received May 29, l998, from Dow Agrosciences, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to the installation of processing equipment to manufacture two new weed control chemical products in the amount of $8,965,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, July 20, l998, at 7:30 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)
NEW BUSINESS:
Sierra Club - Lemonade Stand (7/5/98 in right of way) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:
RESOLVED, that the request of the Sierra Club asking permission to set up a lemonade stand in the public right of way during the Midland Criterium Cycling Race on July 5, 1998, is hereby approved subject to the requested meeting the following requirements:
;and
RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner. (Motion adopted.)
Special Meeting Set 6/29/98 Set a special meeting for Monday, June 29, 1998, at 4:45 p.m. to set a Hearing of Necessity for the 1998 Frantz Drive Water Main Improvement Project and the 1998 Sandow Area Water Main Improvement Project.
Being no further business the meeting adjourned at 9:40 p.m.
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Penny K. Kovacevich, City Clerk