March 8, 1999

A regular meeting of the City Council was held on Monday, March 8, 1999, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Black presided.

Cub Scout Pack #3703, from Chippewassee Elementary School, led the Pledge of Allegiance to the Flag.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

Minutes Approval of the minutes of the February 15, 1999 special meeting and the February 22, 1999 regular meeting was offered by Councilman Moolenaar and seconded by Councilman Coppage. (Motion adopted.)

Absolutely Incredible Kid Day Paul Coonan, Program Manager for Camp Fire Boys and Girls, appeared before Council to request that Council proclaim March 18, 1999 as Absolutely Incredible Kid Day in Midland. This program encourages adults to participate in "Absolutely Incredible Kid Day" by writing letters expressing their love and appreciation for the special children in their lives. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March 18, 1999, as Absolutely Incredible Kid Day in Midland. (Motion adopted.) Mayor Black presented a proclamation proclaiming March 18, 1999 as "Absolutely Incredible Kid Day" to Paul Coonan.

American Red Cross Month William Mick, Chairman of the Midland County Chapter of the American Red Cross, appeared before Council to request that Council proclaim the month of March, 1999 as "American Red Cross Month" in the City of Midland. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March as American Red Cross Month in Midland. (Motion adopted.) Mayor Black presented a proclamation proclaiming the month of March, 1999 as "American Red Cross Month" in Midland to William Mick.

98-99 CDBG Budget Amendment James Schroeder, Director of Planning and Community Development, presented information on an amendment to the Community Development Block Grant budget for the fiscal year 1998-99. A public hearing was opened at 7:19 p.m., no comments were made, the hearing closed at 7:20 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that a public hearing has been advertised to consider amending the Community Development Block Grant Budget for the City of Midland for fiscal year 1998-99 by transferring $100,000 to Housing Rehabilitation Loans; now therefore

RESOLVED, that the Community Development Block Grant Budget is hereby amended by transferring funds to Housing Rehabilitation Loans, as follows:

(Motion adopted.)

 

PUBLIC COMMENTS No comments were made.

 

MCTV Third Access Channel & Use of the Three Channels     Jack Duso, Assistant City Manager, presented information on a second reading of an amendment to Section 15-130 and 15-132, Article V, Division 2 of Chapter 15 of the Code of Ordinances which would establish a third Midland Community Television channel and would define the use of the three channels. Vivian LeVier, a volunteer for MCTV and a member of the League of Women Voters, submitted a statement to Council regarding the amendment. On behalf of the MCTV volunteers, Ms. LeVier stated they do not want any further delays for programming space. For that reason, MCTV volunteers have decided not to oppose the ordinance as submitted. Ms. LeVier also requested staff begin the process of exercising the franchise option for a fourth channel and a progress report be submitted to them by Memorial Day. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

Ordinance No. 1437

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Sections 15-130 and 15-132, Article V, Division 2 of Chapter 15 thereof.

The City of Midland Ordains:

Section 1: Chapter 15, Article V, Sections 15-130 and 15-132, are hereby amended to read as follows:

Sec. 15-130. Purpose of MCTV.

(a) The Midland Community Television (MCTV) studio has been established at the Grace A. Dow Memorial Library to provide production equipment and support services necessary for the creation of locally produced television programs.

(b) It is the purpose of MCTV to provide the people and organizations in the Midland area with an opportunity to be involved in using the television medium to inform, communicate, educate and entertain. It is also the purpose of MCTV to provide the Midland community with locally produced programs of public interest.

(c) The following television channels shall be operated by MCTV:

Sec. 15-132. channel 15 Electronic message board restrictions.

(a) The electronic message board cablecast on Channel 15 is for informational purposes only and may be used for:

(b) the electronic message board shall not be used for "for-profit" commercials or advertisements.

(c) No electronic message shall be cablecast that contains any of the following:

(2) Slanderous or libelous material.

Section 2. This Ordinance shall take effect upon publication.

(Ordinance adopted.)


Sewer Ordinance Amendment
Noel Bush, Director of Utilities, presented information on a second reading of an amendment to Section 28-110.2 of the City of Midland Sewer Ordinance. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

Ordinance No. 1438

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Section 28-110.2 of Article III, Division 1 of Chapter 28 thereof.

Section 1: Chapter 28, Article III, Division 1, Section 28-110.2 is hereby amended to read as follows:

The purpose of this section is to diminish the threat to the health, safety and welfare of the people of the City of Midland who may be affected by flood or other damage caused by the accumulation of stormwater and groundwater draining from downspouts, roofing drains, yard drains, truck docks and parking lot drains directly into the sanitary sewer system and to reduce economic losses to individuals and the community at large.

After November 30, 1998, it shall be unlawful to discharge stormwater or groundwater directly into a City of Midland sanitary sewer, building sanitary sewer or lateral sewer from downspouts, roofing drains, yard drains, truck docks and/or parking lot drains constructed or installed prior to October 26, 1987 unless:

(1) a waiver has been granted in accordance with Section 28-112; or

(2) the city engineer has determined that the following two conditions exist:

For purposes of this division, yard drains shall be defined as drains located within the lawn area and shall not include patio drains, basement walkout drains or other drains associated with residential buildings.

Section 2. This Ordinance shall take effect upon publication.

(Ordinance adopted.)

 

Library Fees & Format Ordinance Amendment     Mary Fellows, Assistant Library Director, presented information on a first reading of an ordinance amendment to Article III, Chapter 21, which would reflect changes in fees and formats of the City of Midland Library Fees Ordinance. Introduction and first reading of the following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Wazbinski:

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 21-90, 21-91 AND 21-92, ARTICLE III, CHAPTER 21 THEREOF.

The City of Midland Ordains:

(Motion adopted. Considered first reading.)

 

 

Recreation Programs - Ordinance Amendments    Martin McGuire, Director of Public Services, presented information on the first reading of ordinances that would amend Civic Arena Fees, Golf Course Fees and General Recreation Fees. The following three ordinance amendments were then presented for consideration.

 

Civic Arena Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1. Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 1. CIVIC ARENA

Sec. 21-70. Civic Arena Fees

The fees for use of the Civic Arena and its facilities are as follows:

(1) Individual Ice Skaters $ 2.50 per session

(2) Skating Pass (25 Admissions) $ 50.00 per pass

(3) Skate Rental $ 1.50 per session

(4) Rink Rental $ 96.00 101.00 per hour

(5) Rink Rental (M-F, 8am-2pm) $ 80.00 per hour

(5) (6) Summer Rink Rental $ 113.00 118.00 per hour

(6) (7) Non-Ice Rental (Full Building) $1,250.00 per day

(7) (8) Non-Ice Rental (1/2 Building) $ 625.00 per day

(8) (9) Non-Ice Rental (1/4 Building) $ 350.00 per day

Section 2. This Ordinance shall take effect on May 1, 1999.

(Motion adopted. Considered first reading.)

 

Golf Course Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Tysse and seconded by Councilman Wazbinski:

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1. Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

 

 

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 2. GOLF COURSE

Sec. 21-71. Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

(1) Regular: 9-hole $ 9.00 $ 9.25 per play

(2) Regular: 18-hole $ 14.25 $ 16.50 per play

(3) Senior: 9-hole (7:00 a.m.- 3:00 p.m., M - F) $ 6.00 $ 6.25 per play

(4) Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F) $ 9.50 $ 11.00 per play

(5) Twilight golf (after 7:00 p.m.) $ 6.00 $ 6.25 per play

(6) Regular: Par 3 $ 4.50 per play

(7) Senior and youth: Par 3 $ 3.00 per play

(8) 20-play pass $170.00 $175.00 per pass

(9) Regular: Single season pass $400.00 $415.00 per pass

(10) Regular: Double season pass $640.00 $660.00 per pass

(11) Senior: Limited and league single season pass $315.00 $325.00 per pass

(12) Senior: Limited and league double season pass $475.00 $490.00 per pass

(13) Senior: Limited single season pass $265.00 $275.00 per pass

(14) Senior: Limited double season pass $425.00 $440.00 per pass

(15) Trail Fee (private carts): 9-hole $ 1.00 per play

18-hole $ 2.00 per play

season pass $ 90.00 per play

Section 2. This Ordinance shall take effect upon publication.

(Motion adopted. Considered first reading.)

 

General Recreation Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1. Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 4. GENERAL RECREATION

Sec. 21-73. General Recreation Fees

The fees for general recreation activities are as follows:

(1) Adult Softball Player $ 16.00 18.00 per player

(2) Adult Softball Player (2nd Team) $ 10.00 per player

(3) Each Softball Team in Invitational Tournaments $ 20.00 per team

(4) Youth Softball Player $ 3.00 4.00 per player

(5) Adult Baseball Player $ 5.00 per player

(6) Adult Soccer Player $ 5.00 per player

(5) (7) Adult Soccer Team $ 20.00 per team

(6) (8) Adult Soccer Player $ 5.00 per player

(7) (9) Rugby Player $ 6.00 per player

(8)(10) Ski Rental (Each 2 Hours or Part Thereof) $ 5.00 per 2 hours

(9)(11) Toboggan Rental (Per Hour - 2 Hour Maximum) $ 3.00 per hour

(10)(12) Chalet Building Rental (2 Hour Minimum) $ 25.00 per hour

After 2 Hour Minimum $ 15.00 per hour

(11)(13) Picnic Kit Deposit $ 15.00 per kit

(12)(14) Summer Play Program (Entire 8-Week Program No charge per child

(13)(15) Summer Play Program (Per Day Charge) No Charge per child per day

Section 2. This Ordinance shall take effect upon publication.

(Motion adopted. Considered first reading.)

 

Replacement Windows Without Certificate of Appropriateness     Mark Ostgarden, City Planner, presented information on an issue before Council regarding replacement of windows without a Certificate of Appropriateness. The property, located within the West Main Street Historic District, is located at 515 West Main Street and owned by William Brenton of 5101 Oakridge, Midland, Michigan. Edward Saunders, Chair of the Midland Historic District Commission, living at 714 W. Main Street, indicated the Commission, if Council so desired, was willing to work with Mr. Brenton to come to a mutual conclusion. William Brenton, owner of said property, supported Mr. Saunders’ method of negotiation. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, work has been performed on a resource at 515 West Main Street, in the West Main Street Historic District, in violation of the building code and without obtaining a Certificate of Appropriateness from the West Main Street Historic District Commission; and

WHEREAS, the Historic District Commission has reviewed the work and has found the work performed does not qualify for a Certificate of Appropriateness, as described in the West Main Street Historic District Guidelines and Standards for Review; and

WHEREAS, in accord with Section 5-142 of the West Main Street Historic District Ordinance, when work has been performed without a Certificate of Appropriateness and the Historic District Commission finds the work does not qualify for a Certificate of Appropriateness, the City Council may require the owner to restore the resource to the condition the resource was in before the inappropriate work was conducted, or to modify the work so that it qualifies for a Certificate of Appropriateness; and

WHEREAS, the City Council has reviewed the work performed at 515 West Main Street; now therefore

RESOLVED, the City Council hereby upholds the determination of the Historic District Commission that the work performed at 515 West Main Street did not qualify for a Certificate of Appropriateness; and

RESOLVED FURTHER, the City Council determines that the work performed must be modified so that it will qualify for a Certificate of Appropriateness; and

RESOLVED FURTHER, that the City Council hereby refers the issue of the replacement of windows at 515 W. Main Street without a Certificate of Appropriateness back to the Historic District Commission for further discussions; and

RESOLVED FURTHER, that the Historic District Commission is directed to determine what modifications must be made to the work so that the work will qualify for a Certificate of Appropriateness and to issue said Certificate when appropriate. (Motion adopted.)

99 Sidewalk Improvement Program Jerry Hammond, City Engineer, presented information regarding the 1999 Sidewalk Improvement Program.  Council directed staff to contact the affected property owners requesting comments on their request for sidewalks. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

Dublin Avenue (east side) Saginaw Road to Rail Trail

Patrick Road (north side) Jefferson Avenue to Carpenter Street

Sturgeon Avenue (west side) end of existing sidewalk to Wackerly Street

Wood Court (west side) Airfield Lane to end of court

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion adopted.)

 

Liquor License - Italian Oven to Bennigan’s     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a request has been received to add space and to change the DBA of a Class C Liquor License located at 6603 Eastman Avenue from Italian Oven to Bennigan’s; and

WHEREAS, after investigation and review by City staff members and the Midland County Health Department, approval of the request is recommended; and

WHEREAS, the City of Midland’s Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, Section 12.1, requires City Council approval; now therefore

RESOLVED, that the request to add space and to change the DBA of a Class C Liquor License located at 6603 Eastman Avenue from Italian Oven to Bennigan’s is hereby approved. (Motion adopted.)


Annual Liquor License Review
Jack Duso, Assistant City Manager, presented information on the City Manager’s and Police Department’s reports on the status of liquor licenses in the City of Midland. The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that in accord with the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, the 1999 reports of the City Manager and Police Department regarding the status of Liquor Licenses in the City of Midland are hereby received and are ordered filed in the City Clerk’s Office. (Motion adopted.)

 

Five New Streets - Midland Local Street System     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

Copper Ridge Court from Pondview Drive to the end of the cul-de-sac

Diamond Drive from Swede Avenue to Waldo Avenue

Midfield Lane from Diamond Drive to Joseph Drive

Northwood Drive from Sugnet Road to Saginaw Road

Sugnet Road from Whiting Drive to Northwood Drive

; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public right-of-ways under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes. (Motion adopted.)

 

DART Coordinator & Intentions to Apply for Operating Assistance The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Midland to provide a local transportation program for the state fiscal year 2000 and , therefore apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the 10e (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $641,406 in state operating assistance funds; an estimated $117,057 in federal 49 USC 5311 (former Section 18) operating assistance funds; and an estimated $111,200 in federal USC 5309 (former Section 3) capital assistance for state fiscal year 2000; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51. (Motion adopted.)


City Forest Estates
James Schroeder, Director of Planning and Community Development, presented information on the final approval of a Preliminary Plat of City Forest Estates. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, the City Council did give tentative approval to the Preliminary Plat of City Forest Estates on January 25, 1999; and

WHEREAS, the approval of the County Department of Public Health has been received; and

WHEREAS, the approval of the County Drain Commissioner has been received; now therefore

RESOLVED, that the City Council does hereby give final approval to the Preliminary Plat of City Forest Estates, in accordance with Section 23-15 of the Code of Ordinances of the City of Midland. (Motion adopted.)

 

Purchase - Henry Pratt Ball Valves & Operators - Water Plant     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Water Treatment Plant desires to continue their scheduled replacement of Domestic High Service Pump Discharge Valves; and

WHEREAS, these valves are standardized throughout the Water Plant Pump Stations and have been proven to be reliable and meet the need for precise control of opening and closing speeds; and

WHEREAS, Henry Pratt Company is the only manufacturer and sole source of these valves; and

WHEREAS, this purchase consists of one (1) 12-inch valve and operator at a cost of $15,078 and one (1) 10-inch valve and operator at a cost of $14,287, for a total expenditure of $29,365; and

WHEREAS, these funds have been budgeted for the 1998-99 fiscal year end and is provided through the Equipment Maintenance Account #591-8270-821.93-21; now therefore

RESOLVED, that sealed competitive bids are hereby waived as impractical and in accord with Section 2-18 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the purchase of two (2) Henry Pratt Ball Valves and Operators from Henry Pratt Company through its regional sales representative, Peterson and Matz, Inc. of Farmington Hills, Michigan is hereby approved in an amount not to exceed $29,365.00 and a purchase order is authorized. (Motion adopted.)

Purchase - Gang Mower (DPS) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Toro 580-D gang mower for the Parks Department (Bid No. 2259); and

WHEREAS, funding for the new mower is included in the 1998-99 Equipment Revolving Fund budget for Capital Outlay, "Equipment,"; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc. of Sparta, Michigan in the amount of $61,923.00 for the purchase of one new Toro 580-D gang mower in accordance with the proposal and city specifications. (Motion adopted.)

 

 

99 Wexford Avenue Improvement Project - Hearing of Necessity     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the improvement of a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

WEXFORD AVENUE from Lincoln Street to Tibbs Street

; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the construction of said street, as before listed, appears to be a necessary public improvement 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 improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

"1999 WEXFORD AVENUE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

which is hereby established and that said district comprises the following described lands and premises:

WEXFORD AVENUE from Lincoln Street to Tibbs Street

Lots 5, 6, 7 and 8 of Block 22 and Lots 7, 8, 9 and 10 of Block 23 of The Dow Chemical Company’s Addition #1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base, underdrains and an all weather surface, and that the total estimated cost and expense thereof is twenty-six thousand four hundred dollars ($26,400.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be eleven thousand two hundred twenty dollars ($11,220.00) and that all other costs and expenses of said improvement amounting to fifteen thousand one hundred eighty dollars ($15,180.00) 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; and

RESOLVED FURTHER, that the report concerning said improvement 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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, March 22, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; 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.)

 

Design Craftsmen, Inc. IFT Application ($464,268)     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application dated February 22, 1999 was received February 22, 1999 from Design Craftsmen, Inc. 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 within the Expanded Design Craftsmen, Inc. Industrial Development District No. 1 relating to new facilities including machinery, equipment, furniture and fixtures for the purpose of added showroom display for the various lightweight products for which they are a distributor in the amount of $464,268 relating to new facility approval to allow further expansion in the Expanded Design Craftsmen, Inc. Industrial Development 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, March 22, 1999, at 7:00 p.m., in the Council Chambers at City Hall, 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.)

 

Design Craftsmen, Inc. IFT Application ($976,667)     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application dated February 22, 1999 was received February 22, 1999 from Design Craftsmen, Inc. 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 within the Expanded Design Craftsmen, Inc. Industrial Development District No. 1 relating to new facilities including a building addition, machinery, equipment, furniture and fixtures with the facility intended to provide for additional required space because of rapid growth and its inherent space problems in the amount of $976,667 relating to new facility approval to allow further expansion in the Expanded Design Craftsmen, Inc. Industrial Development 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, March 22, 1999, at 7:00 p.m., in the Council Chambers at City Hall, 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.)


Zoning Petition No. 439
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, April 12, 1999, 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. 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 AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE BUSINESS B-2 ZONING 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:

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. 135A
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, April 12, 1999, at 7:00 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 ARTICLE XXXI--SIGNS, SECTION 31.9(d), PERMITTED TEMPORARY SIGNS, OF THE ZONING ORDINANCE,

The City of Midland Ordains:

Section 1. That Article XXXI--SIGNS, Section 31.9(d), PERMITTED TEMPORARY SIGNS, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended, and as amended, shall read as follows:

ARTICLE XXXI--SIGNS

Section 31.9 PERMITTED TEMPORARY SIGNS

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.)

 

Being no further business the meeting adjourned at 9:04 p.m.

 

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Penny K. Kovacevich, City Clerk