March 22, 1999

A regular meeting of the City Council was held on Monday, March 22, 1999, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

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

Councilmen absent: None

Minutes Approval of the minutes of the March 8, 1999 regular meeting was offered by Councilman Tysse and seconded by Councilman Moolenaar. (Motion adopted.)

Grace A. Dow Memorial Library Week    James Alsip, Library Director, requested Council consider proclaiming the week April 11th through the 17th as Grace A. Dow Memorial Library Week in Midland. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of April 11 - 17, 1999, as GRACE A. DOW MEMORIAL LIBRARY WEEK in Midland. (Motion adopted.) Mayor Black presented James Alsip with the proclamation.

Boards and Commissions Recruitment Process    Selina Tisdale, Community Relations Coordinator, presented a schedule the City Manager’s office has developed for notifying the community of impending board and commission vacancies. Mayor Black suggested Council consider conducting interviews of each potential board and commission candidate before making its final selections. Council agreed it would conduct two interview sessions to be held on May 10 and May 17, 1999, at 6:00 p.m. to interview candidates.

Zoning Petition No. 438 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 438 which would rezone .6 acres on the northeast corner of Bay City Road and Waldo Avenue from Residential A-4 to Business B-2. The public hearing opened at 7:29 p.m. John Rapanos, 1012 W. Sugnet Road and petitioner for rezoning, urged Council to consider approval of the rezoning. Tom Dennett, 3314 Bay City Road, spoke in opposition to the rezoning. The hearing closed at 7:36 p.m. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

ORDINANCE NO. 1439

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 BUSINESS B-2 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-4 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: Lots 8 and 9, and the west 36 feet of Lot 10, Block G, Carter Subdivision,

be, and the same is hereby changed to a Business B-2 District; and

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Ordinance adopted. Yeas: Coppage, Moolenaar, Tysse, Wazbinski Nays: Black)

Wexford Avenue Improvement Hearing of Necessity     Jerry Hammond, City Engineer, presented information on a resolution that would determine the necessity for the Wexford Avenue Improvement project. The public hearing opened at 7:53 p.m. Michael Shea, representing the Arnold Center at 400 Wexford, requested Council approve the necessity for the Wexford Avenue Improvement project. Jack Maraskine, 6109 Jefferson, representing Reliable Plumbing & Heating located at 414 E. Lyon, supported the need for the paving improvement to Wexford Avenue. The hearing closed at 7:57 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated March 8, 1999, said street being:

WEXFORD AVENUE from Lincoln Street to Tibbs Street

and has heretofore established one special assessment district designated:

"1999 WEXFORD AVENUE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, March 22, 1999, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Wexford Avenue is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of twenty-six thousand four hundred dollars ($26,400.00) and the proportion of the cost and expense to be borne and paid 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 assessment on all lands and premises in said "1999 Wexford Avenue Improvement Special Assessment District" heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"1999 WEXFORD AVENUE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis. (Motion adopted.)

Wexford Avenue Special Assessment Roll    Diane Dryzga, City Assessor, presented information on the proposed special assessment roll for the "1999 Wexford Avenue Improvement Special Assessment District". The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "1999 WEXFORD AVENUE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Street Improvement in said district, as designated in Resolutions heretofore adopted by the City 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 7:00 o’clock p.m., on the twelfth day of April, 1999, 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 twelfth day of April, 1999, 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.)

Design Craftsmen, Inc. IFT Applications    Diane Dryzga, City Assessor, presented information on a request to consider approval of two applications for Industrial Facilities Exemption Certificates from Design Craftsmen, Inc. The public hearing opened at 8:09 p.m. Milan Milivojevic, President and CEO of Design Craftsmen, Inc. requested Council consider approval of the Design Craftsmen, Inc. applications for IFT Exemption Certificates. Jenee’ Velasquez, Interim Director of the Midland Economic Development Council, spoke in support of granting approval of the applications from Design Craftsmen, Inc. The hearing closed at 8:17 p.m. The following two resolutions were then presented for consideration.

Design Craftsmen, Inc. Showroom Display Project     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the Expanded Design Craftsmen, Inc. Industrial Development District No. 1 was established by resolution of the Midland City Council on October 2, 1989; and

WHEREAS, Design Craftsmen, Inc. made an application dated February 22, 1999, which was received by the City Clerk on February 22, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $464,268, which is entirely new personal property and with the same being located within the Expanded Design Craftsmen, Inc. Industrial Development District No 1. This project will provide for added showroom display; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on March 22, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district or an industrial rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district or an industrial plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Design Craftsmen, Inc. considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Design Craftsmen, Inc. for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Design Craftsmen, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

Design Craftsmen, Inc. Building Addition The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the Expanded Design Craftsmen, Inc. Industrial Development District No. 1 was established by resolution of the Midland City Council on October 2, 1989; and

WHEREAS, Design Craftsmen, Inc. made an application dated February 22, 1999, which was received by the City Clerk on February 22, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $976,667, which is $792,215 real property and $181,452 personal property and with the same being located within the Expanded Design Craftsmen, Inc. Industrial Development District No 1. This project will provide for additional required space because of rapid growth; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on March 22, 1999, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district or an industrial rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district or an industrial plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Design Craftsmen, Inc. considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Design Craftsmen, Inc. for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Design Craftsmen, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

PUBLIC COMMENTS No comments were made.

Ordinance Amendment - Library Fees and Formats     James Alsip, Library Director, presented information on an amendment to Article III, Sections 21-90, 21-91 and 21-92 changing fees and formats of the City of Midland Library Fees Ordinance. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

Ordinance No. 1440

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:

Section 1. Article III, Chapter 21, Sections 21-90, 21-91 and 21-92 is hereby amended to read as follows:

Sec. 21-90. Library Fines.

The fines for library services are as follows:

I. Overdue Fines

1. Adult materials, $.15 per day, per item, up to a maximum of

$10 per item, or the cost of the item, whichever is less

2. Juvenile materials, $.10 per day, per item, up to a maximum of $5 per item, or the cost of the item, whichever is less

3. Videos, $1 per day, per video up to the replacement cost of

the video

4. Audiovisual equipment, $1 per hour

II. Other Fines

1. Video rewind fine, $1 per item

Sec. 21-91. Use Fees.

The fees for library services are as follows:

I. Use Fees

1. Videos - $1.25 per check-out period

2. Holds - $.25

3. Temporary cards - $25 ($15 refundable)

4. Non-resident cards - $75 per year

5. Replacement cards - $2; damaged cards will be replaced free of charge

6. Tokens:

Audiovisual Room - $.50 per 1/2 hour - typewriter

II. Audio/Visual Equipment Use Fees

Cost to checkout - $5

Overdue fine - $1 per hour

III. Meeting Facilities Use Fees Not for

Profit and

Profit Groups 501(c) Groups

1. Conference Rooms $10 per hour No charge

TV/VCR $5 per day $5 per day

Slide Projector $5 per day $5 per day

Overhead Projector $5 per day $5 per day

2. Lounge $50 for 2 hours $25 for 2 hours

Additional hours $15 per hour $15 per hour

Slide Projector $5 per day $5 per day

Overhead Projector $5 per day $5 per day

Large Screen TV & VCR $10 per day $10 per day

Custodial Overtime:

Monday - Saturday $25 per hour $25 per hour

Sunday $30 per hour $30 per hour

3. Auditorium $100 for 4 hours $50 for 4 hours

Additional hours $30 per hour $30 per hour

Piano $20 per day $20 per day

Slide Projector $5 per day $5 per day

Overhead Projector $5 per day $5 per day

Video Projection System $20 per day $20 per day

Light Booth Technician $35 for 4 hours $35 for 4 hours

Custodial Overtime:

Monday - Saturday $25 per hour $25 per hour

Sunday $30 per hour $30 per hour

Sec. 21-92. Other Charges.

The other charges for library services are as follows:

I. Lost and/or Damaged Materials Charges

1. Vertical file envelope - $2

2. Audiovisual bag - $1.50

3. Audiocassette cases:

1 tape - $3

2 tapes - $3.50

4 tapes - $5.50

6 or more tapes - $6

4. Videocassette box - $2.50

5. Jewel boxes:

Single - $1.50

Multi - $3.50

6. Lost items - Cost of item plus a $5 processing fee.

7. Damaged material - Charges depend on extent of damage. If an item is returned with missing parts, the entire item must be paid for plus a $5 processing fee.

8. Service charge of $1 for privilege of borrowing materials without having library card readily available. (All circulation policies apply.)

Section 2. This Ordinance shall take effect upon publication. (Ordinance adopted.)

Recreation Programs - Martin McGuire, Director of Public Services, presented Ordinances Amending Fees information on ordinances amending fees for recreation programs. Paul R. Handt, 5101 Highridge Court, commented on the possible disruption of play at Currie West during construction of the new 9-hole course and requested Council consider extending the time period that senior citizens can play during the day at a discounted rate. Martin McGuire, Director of Public Services, indicated construction on the new 9-hole course would not disrupt play on Currie West and to extend the time period of senior citizen pass play would affect peak play time periods between 3:00 p.m. and 7:00 p.m. Councilman Moolenaar voiced his concern over the proposed increase in the 18-hole regular play fee. The following three ordinance amendments were then presented for consideration.

Civic Arena Fees The following ordinance amending Civic Arena Fees was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1441

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 $ 101.00 per hour

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

(6) Summer Rink Rental $ 118.00 per hour

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

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

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

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

Golf Course Fees The following ordinance amending Golf Course Fees was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1442

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 $ 9.25 per play

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

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

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

(5) Twilight golf (after 7:00 p.m.) $ 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 $175.00 per pass

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

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

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

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

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

(14) Senior: Limited double season pass $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 pass

Section 2. This Ordinance shall take effect upon publication. (Ordinance adopted.)

General Recreation Fees The following ordinance amending General Recreation Fees was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1443

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 $ 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 $ 4.00 per player

(5) Adult Baseball Player $ 5.00 per player

(6) Adult Soccer Player $ 5.00 per player

(7) Adult Soccer Team $ 20.00 per team

(8) Youth Soccer Player No Charge per player

(9) Rugby Player $ 6.00 per player

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

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

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

After 2 Hour Minimum $ 15.00 per hour

(13) Picnic Kit Deposit $ 15.00 per kit

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

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

Section 2. This Ordinance shall take effect upon publication. (Ordinance adopted.)

Stormwater Runoff Regulation and Control Ordinance Jerry Hammond, City Engineer, presented material on a first reading of three ordinances amending the Stormwater Runoff Regulation and Control Ordinance. Jack Pulley, 2302 Cranbrook, commented on the retention volume used in the report. Stephen Dunkle from R.C. Engineers commented on Michigan Department of Transportation’s storm water detention restrictions. The following three ordinance amendments were then presented for consideration.

Stormwater Fees Introduction and first reading of the following ordinance amending Stormwater Fees was offered by Councilman Coppage and seconded by Councilman Wazbinski:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE, WHICH NEW ARTICLE SHALL BE DESIGNATED AS ARTICLE IX OF CHAPTER 21 THEREOF AND ENTITLED "stormwater FEES."

The City of Midland Ordains:

Section 1. Article IX of Chapter 21 is added with the new Article to read as follows:

CHAPTER 21

ARTICLE IX. stormwater fees.

Sec. 21-150. stormwater permit.

(1) The fee for the issuance of a stormwater permit, as required pursuant to section 29-3 of this code, shall be as follows:

(a) developments less than or

equal to five (5) acres in size ……...………..$150.00

(b) developments greater

than five (5) acres in size……………........……$ 30.00 per acre

services performed by the city engineer, or his or her designee, that are included in processing the permit and for which no additional charges shall be assessed include a pre-design meeting, if necessary, an initial review of the plans and specifications required to be submitted pursuant to chapter 29, a review of any changes requested by the city engineer during the initial review, an inspection of the development upon completion of construction and the issuance of the initial stormwater certificate.

1. the fee for an additional review of plans and specifications shall be the greater of fifty dollars ($50.00) or the total cost incurred to complete the review. The total cost shall be determined by multiplying the hourly wage and fringe benefits paid to the employee who performs the review by the actual number of hours required to complete the review.
2. the fee for an additional inspection shall be the greater of thirty dollars ($30.00) or the total cost incurred to complete the review. The total cost shall be determined by multiplying the hourly wage and fringe benefits paid to the employee who performs the review by the actual number of hours required to complete the review.

Sec. 21-151. stormwater certificate.

the fee for issuance of a stormwater certificate, as required pursuant to section 29-3.1 of this code, shall be as follows:

1. developments less than or

equal to five (5) acres in size ……….…. $60.00

2. developments greater

than five (5) acres in size ……………...… $15.00 per acre

sec. 21-152. penalty for failure to obtain stormwater certificate.

(1) in the event that a stormwater certificate is not renewed during the calendar month of its expiration date, but is renewed during the calendar month following the expiration date, a penalty, equal to the amount of the certification fee, shall be assessed in addition to the certification fee.

(2) In the event that a stormwater certificate is not renewed during the calendar month of its expiration date, but is renewed during the second calendar month following the expiration date, a penalty equal to fifty dollars ($50.00) shall be assessed in addition to that penalty specified in section 21-152(1).

(3) In the event that a stormwater certificate is not renewed during the calendar month of its expiration date, but is renewed more than two (2) calendar months following the expiration date, a penalty equal to one hundred dollars ($100.00) shall be assessed in addition to that penalty specified in section 21-152(1).

Section 2. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Stormwater Runoff Regulation and Control Introduction and first reading of the following ordinance amending the Stormwater Runoff Regulation and Control Ordinance was offered by Councilman Coppage and seconded by Councilman Wazbinski:

Ordinance No. ________

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Sections 29-2 and 29-3 of Article I of Chapter 29, Sections 29-11, 29-12, 29-13, 29-14, 29-15 and 29-22 of Article II of Chapter 29, Sections 29-33 and 29-34 of Article III of Chapter 29, and Sections 29-40 and 29-43 of Article IV of Chapter 29 thereof; by repealing Sections 29-23, 29-24 and 29-25 of Article II of Chapter 29 thereof; and by adding new Sections, which new Sections shall be designated as 29-3.1 of Article I of Chapter 29, Sections 29-36, 29-37, 29-38 and 29-39 of Article III of Chapter 29 and Section 29-44 of Article IV of Chapter 29 thereof.

The City of Midland Ordains:

Section 1. Chapter 29, Article I, Sections 29-2 and 29-3 are hereby amended to read as follows:

Sec. 29-2. Definitions.

For the purposes of this chapter the following definitions are adopted:

1. Base flood elevation: The elevation delineating the flood level having a one per cent probability of being equaled or exceeded in any given year (also known as the 100-year flood elevation), as determined from flood insurance rate maps (FIRMs) or the best available information.
2. Channel: A natural or manmade open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water.
3. City Engineer: The person formally designated by the City of Midland manager as the City Engineer.
4. Compensatory storage: An artificially excavated volume of storage within a floodplain used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.
5. Conduit: Any channel, pipe, sewer, or culvert used for the conveyance or movement of water, whether open or closed.
6. Control elevation: Contour lines and points of predetermined elevation used to denote a detention storage area on a plat or site drawing.
7. Design standards for public improvements stormwater runoff regulation and control: Standards on file in the City Engineer’s office to which all designs, and the resulting stormwater runoff, must conform.
8. Detention facility: A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulate behind the outlet.
9. Detention storage: The temporary detaining or storage of stormwater in storage basins, on rooftops, in streets, parking lots, school yards, parks, open spaces, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.
10. Discharge: The rate of outflow of water from any source.
11. Drainage area: The area from which water is carried off by a drainage system, i.e., a watershed or catchment area.
12. Excess stormwater runoff: The volume and rate of flow of stormwater discharged from an urbanized drainage area which is or will be in excess of that volume and rate which represented or represents the runoff from the property prior to the date of this Chapter.
13. Floodplain: The special flood hazard lands adjoining a watercourse, the surface elevation of which is lower than the base flood elevation and is subject to periodic inundation.
14. Hydrograph: A graph showing, for a given point on a stream or conduit, the runoff flow rate with respect to time.
15. One hundred-year storm: A precipitation event of twenty-four-hours’ duration, having a one per cent chance of occurring in any one year.
16. Peak flow: The maximum rate of flow of stormwater at a given point in a channel or conduit resulting from predetermined storm or flood.
17. Retention basin: A FACILITY, structure or feature with no outlet, designed to retain stormwater over a period of time, with its release being scheduled and the discharge rate controlled OCCURRING over a longer period of time than in a detention basin facility.
18. Stormwater drainage system: All means, natural or manmade, used for conducting stormwater to, through, or from a drainage area to the point of final outlet including, but not limited to, any of the following: Open and closed conduits and appurtenant features, canals, channels, ditches, streams, swales, culverts, streets, and pumping stations.
19. Stormwater drainage facility: Any element in a stormwater drainage system, which that is made or improved by man.
20. Stormwater runoff: The waters derived from precipitation within a tributary drainage area, flowing over the surface of the ground or collected in channels or conduits.
21. Time of concentration: The elapsed time for stormwater to flow from the most distant point in a drainage area to the outlet or other predetermined point.
22. Two-year storm: A precipitation event having a fifty (50) per cent chance of occurring in any one year.
23. Two-year storm runoff: The stormwater runoff having a fifty (50) per cent probability of occurring in any one year.
24. Unprotected channel: A channel which receives stormwater discharge and which is not paved, riprapped, or otherwise improved by addition of manmade materials so as to reduce the potential for erosion.
25. Upland area: Any land whose surface drainage flows toward the area being considered for development.
26. Urbanization: The development, change, or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.
27. Waterbody: Any natural or artificial pond, lake, reservoir, or other area which that ordinarily or intermittently contains water and which has a discernible shoreline.
28. Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.
29. Wet bottom detention basin: A basin designed to retain a permanent pool of stormwater after having provided its planned detention of runoff during a storm event.

Sec. 29-3. Stormwater permit.

(1) Before initiating any activity NEW CONSTRUCTION, DEVELOPMENT, REDEVELOPMENT OR LAND USE CHANGE regulated by this Chapter, an applicant shall be required to obtain a stormwater permit to be issued by the City Engineer or his OR HER designated representative designee which that indicates that the development plans submitted by the applicant have met the requirements of this Chapter 29 and the city’s stormwater regulation and control design standards have been met. AN APPLICANT SHALL BE REQUIRED TO PAY THE STORMWATER PERMIT FEE, AS SPECIFIED IN CHAPTER 21, PRIOR TO THE ISSUANCE OF SAID PERMIT.

(2) A stormwater PERMIT SHALL BE VALID FOR A PERIOD of one hundred eighty (180) days FROM THE DATE OF ISSUANCE OR UNTIL SUCH TIME THAT THE REQUIREMENTS OF this CHAPTER and the design standards ARE NO LONGER MET, WHICHEVER OCCURS FIRST. in the event that the stormwater permit has expired and a stormwater certificate has not been issued, THE CITY ENGINEER MAY RENEW the PERMIT FOR AN ADDITIONAL one hundred eighty (180) day PERIOD IF THE REQUIREMENTS OF this CHAPTER and the design standards CONTINUE TO BE MET.

Section 2. Chapter 29, Article I, Section 29-3.1 is hereby added to read as follows:

Sec. 29-3.1. stormwater certificate.

(1) stormwater certificate. notwithstanding the requirements of sections 29-3.1(2) and 29-3.1(4), a stormwater certificate shall be valid for a period of three (3) years from the date of issuance and shall be renewed upon expiration for an additional three (3) year period. notwithstanding the requirements of section 29-3.1(4), a stormwater certificate FEE, the amount of which shall be specified in chapter 21, shall be paid prior to ISSUance of all certificates except for those certificates issued for new facilities. THE CITY ENGINEER, OR HIS OR HER DESIGNEE, shall INSPECT each STORMWATER FACILITY before issuing or renewing a certificate TO iNSURE THAT the facility COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER and the stormwater regulation and control design standards. THE city ENGINEER MAY REQUIRE the property owner to submit additional INFORMATION. the chief building official shall not issue a permanent certificate of occupancy until such time that a stormwater certificate has been issued. upon approval of the city engineer, The chief building official may issue a temporary certificate of occupancy prior to the issuance of a stormwater certificate .

(2) new facilities. upon completion of the NEW CONSTRUCTION, DEVELOPMENT, REDEVELOPMENT OR LAND USE CHANGE for which the stormwater permit was issued, the property owner shall contact the city engineer to schedule a final inspection of the stormwater facility. upon determination by the city engineer or his or her designee that the facility complies with all requirements of this chapter and the stormwater regulation and control design standards, a stormwater certificate shall be issued at no additional cost. the certificate shall expire on november 1 of the third year following the issuance of the certificate and must be renewed no later than the following march 31.

(3) certified facilities. no later than two (2) months prior to the expiration of a stormwater certificate, the city engineer shall notify the property owner of the requirement to renew the certificate and to inspect the facility. the property owner shall renew the certificate no later than the calendar month in which the certificate expires. In the event that the certificate is not renewed and becomes delinquent, additional fees shall be assessed as specified in chapter 21.

(4) existing facilities. the city engineer shall provide written notification of the stormwater certificate requirements to all known owners of stormwater facilities regulated by this chapter and in existence as of the effective date of this ordinance. all such facilities shall be certified within six (6) months of the effective date of this ordinance. the terms and fees for stormwater certificates issued for existing facilities shall be as follows:

(I) stormwater certificates issued for one third (1/3) of these facilities, as determined by the city engineer, shall expire during the period beginning November 1, 2000 and ending april 1, 2001. The fee for said certificate shall equal one third (1/3) of the amount that would have been assessed pursuant to Section 21-151 of the Code of Ordinances;

(II) Stormwater certificates issued for one third (1/3) of these facilities, as determined by the city engineer, shall expire during the period beginning November 1, 2001 and ending april 1, 2002. The fee for said certificate shall equal two thirds (2/3) of the amount that would have been assessed pursuant to section 21-151 of the code of ordinances.

(III) stormwater certificates issued for one third (1/3) of these facilities, as determined by the city engineer, shall expire during the period beginning November 1, 2002 and ending april 1, 2003. the fee for said certificate shall equal the amount assessed pursuant to section 21-151 of the code of ordinances.

the information obtained during this process shall be recorded in the registry established pursuant to section 29-44.

Section 3: Chapter 29, Article II, Sections 29-11, 29-12, 29-13, 29-14, 29-15, 29-22, 29-23, 29-24 and 29-25 are hereby amended to read as follows:

Sec. 29-11. Affidavit of disclosure of property interest.

At the time the owner of any development files a preliminary plat a development plan with the city, he or she shall execute and file an "Affidavit of Disclosure of Property Interest" with the City of Midland which will set forth facts sufficient to enable the City Engineer to determine whether the provisions of this Chapter 29 shall apply to the property proposed for development. The affidavit will shall specifically describe whatever the affiant’s interest may be in any joining or contiguous property. For all purposes of this Section 29-11, the ownership interest of an owner’s spouse or lineal ascendants or descendants shall be attributed to him or her. In addition, if an owner is more than a five (5) per cent partner, stockholder, beneficiary of a trust or estate, or equity owner in any other form or of organization, such ownership interest shall likewise be attributed to said owner.

The affidavit shall also include a statement by the owner that if the owner subsequently acquires an interest in any continuous CONTIGUOUS property within five (5) years from the date of the affidavit so that the total combined property falls under the applicability requirements of Section 29-10 that the owner agrees to be bound by all of the requirements of Section 29-10 and the other requirements of this Chapter 29 as to the entire continuous contiguous property and the property formerly subject to any exception under Section 29-10.

Sec. 29-12. Discharge rate.

The peak discharge rate after full development resulting from the proposed development shall not exceed the corresponding peak discharge rate prior to development during all storms up to and including a 100 year storm 0.2 cubic feet per second per acre (c.f.s.).

Sec. 29-13. Flood elevation.

There shall be no detrimental effect on the floodway flood elevation of the flood elevation floodway during a 100-year storm upstream or downstream of the proposed development area as a result of the proposed development.

Sec. 29-14. Allowable detention facilities.

The increased stormwater runoff resulting from the proposed development shall be detained by providing for appropriate storage as required by this Chapter 29 and the city’s Stormwater regulation and control design standards. In no case shall the design maximum water elevation of a detention facility be less than one foot below the lowest ground elevation adjacent to, or opening into, an existing or future structure.

Where streets are used for temporary storage of stormwater runoff, to a depth greater than six (6) inches, all manholes for sanitary sewers shall be of a type which THAT prevents the infiltration of the ponded water.

Where streets are used for temporary storage of stormwater runoff, in no case shall the maximum design depth exceed thirty (30) eighteen (18) inches.

Sec. 29-15. Sizing of detention storage and outlet.

1) The drainage area used in computation will be the total area tributary to the detention storage outlet.

2) The developer will shall be required to submit detailed hydrologic and hydraulic calculations to show that the requirements of this Chapter 29 will be met. A unit hydrograph method of analysis will be used for detailed hydrologic computations. Alternatively, the developer may base the computation for storage volume on simplified method No. 1 entitled "fixed rate outflow" as set forth in sections 29-24 and 29-25. In the event simplified method No. 2 is utilized the outlet design specifications depicted in section 29-25 must be included in the developer’s submittal. Detention storage located on undeveloped parcels shall be sized to detain two (2) inches of stormwater over the entire parcel. detention storage located on developed parcels shall be sized to detain two (2) inches of stormwater over that area of the parcel to be improved.

Sec. 29-22. Flows from upland areas.

The total drainage area must be used in calculating the allowable release rate. The required storage volume will be based on the project area only, with extraneous flows from upland areas being bypassed or discharged via overflow spillways or other devices. Where storm sewers are required they shall be of such size as will provide sufficient capacity to receive the flow generated by two a ten-year storm from upland areas. As to the latter and regardless of whether it has occurred in fact, such upland areas shall be deemed to have fully developed for all purposes of this requirement.

Section 4. Chapter 29, Article II, Sections 29-23, 29-24 and 29-25 are hereby repealed:

Sec. 29-23. Simplified Method No. 1.

Calculation of Detention Storage based on "Fixed Rate Overflow"

1. Detention storage will be provided as shown. The graph plots storage needs per acre against the impervious ration.

(2) The relationships shown are based on a peak outflow rate no greater than 0.3 cfs per acre of tributary area.

Sec. 29-24. Simplified Method No. 2.

Calculation of Detention Storage based on "Variable Rate Outflow"

1. Design Table

 

2. If these values are used, the outlets must be set to correspond to the "Design Table" above, recognizing that the maximum flow that can go to the "minor system" (generally storm sewers) is 0.3 cfs/acre, all flows beyond this are diverted to the "major system".

See Section 29-25 for alternate presentation of Simplified Method No. 2.

Sec. 29-25. Simplified Method No. 2.

Calculation of Detention Storage based on "Variable Rate Outflow"

Detention Storage For One Acre Development

Outlet A - Maximum allowable flow is 0.3 cfs directed to minor system.

Outlet B Maximum allowable flow is 0.2 cfs directed only to the major system.

Outlet C - Maximum allowable flow is 0.6 cfs directed only to the major system.

Section 5: Chapter 29, Article III, Sections 29-33 and 29-34 are hereby amended to read as follows:

Sec. 29-33. Detention storage.

Designs for detention storage and related appurtenances shall be submitted to the City Engineer for approval and shall incorporate features that facilitate their inspection and maintenance . Upon submittal of designs for detention storage the City Engineer shall make a determination as to whether any or all of the facilities proposed are to become part of the public drainage system. The City Engineer shall, at the same time, in the case of a proposed subdivision, make a determination as to those control elevations that shall be entered on the final plat or make a determination as to the necessity for deed restrictions on any particular lot in said subdivision requiring the preservation of mandatory drainage facilities. Where a nonsubdivided parcel of land is proposed for development, the City Engineer shall make a determination as to the need for convenants to maintain responsibility for mandatory drainage facilities. All of said facilities shall be designed and constructed in accordance with City of Midland specifications design standards for stormwater runoff regulation and control and, shall be located in easements dedicated to the public when required by the city engineer and shall be subject to continuing inspection during the construction period in the same manner as any other public improvement regulated under Chapter 23 of the Code of Ordinances.

Sec. 29-34. Maintenance. public facilities.

Upon submittal of a design for detention storage, the City Engineer shall determine whether a proposed facility or a portion thereof should become part of the public drainage system. if, in the opinion of the city engineer, it is in the best interest of the city that a facility or a portion thereof become part of the public drainage system, the city engineer shall forward this recommendation to the city council. A facility must be accepted by the city council to become the property of the city of midland and thereafter deemed part of the public drainage system. Designs of detention facilities will shall incorporate features which that facilitate their inspection and maintenance. The designer shall submit an operation and maintenance (O & M) plan for any detention facility prior to its acceptance by the City. All privately owned detention facilities may be inspected by representatives of the City of Midland at such times as they deem necessary. If deficiencies, or conditions creating nuisances, are found, the owner shall be required to make the necessary corrections within a reasonable amount of time; provided, however, such period of time shall not exceed ninety (90) days.

Section 6: Chapter 29, Article III, Sections 29-36, 29-37, 29-38 and 29-39 are hereby added to read as follows:

Sec. 29-36. Inspection authorized; access.

the city engineer and his or her designee are hereby authorized to inspect, examine and survey all detention facilities, retention basins or other stormwater facilities regulated by this chapter. For the purpose of making such inspections and to perform any duty imposed by this chapter, the city engineer and his or her designee are hereby authorized to enter all such stormwater facilities at all reasonable times. the owner of the stormwater facility shall give the city engineer and his or her designee free access to such facility for the purpose of inspection, examination and survey.

sec. 29-37. warrant.

1. in a nonemergency situation where the owner demands a warrant for inspection of a stormwater facility, the City Engineer shall obtain a warrant from a court of competent jurisdiction. the city attorney shall prepare the warrant, stating the address of the facility to be inspected, the nature of the inspection and the reasons for the inspection. It shall be appropriate and sufficient to set forth the basis for inspection established in this chapter. the warrant shall also state that it is being issued pursuant to this chapter.
2. In the event of an emergency no warrant shall be required.

sec. 29-38. frequency of inspections.

the city engineer shall cause an inspection of each stormwater facility to be made prior to the issuance of a stormwater certificate. the city engineer is authorized to make more frequent inspections as he or she may deem necessary.

sec. 29-39. deficiencies; corrections.

If, during the city engineer’s inspection of a stormwater facility, deficiencies in the facility or conditions creating nuisances are found, the owner shall be required to make the necessary corrections to the facility within a reasonable amount of time; provided, however, such period of time shall not exceed thirty (30) days. the owner shall be notified in writing of the existence of the violation. The notice shall be delivered by certified mail and shall state the date of the inspection, the nature of the violation and the time within which the necessary corrections must be made. the cost of making all corrections shall be the responsibility of the property owner.

Section 7: Chapter 29, Article IV, Sections 29-40 and 29-43 are hereby amended to read as follows:

Sec. 29-40. Responsibility.

The administration and enforcement of this Chapter shall be the responsibility of the City of Midland’s designated City Engineer.

Sec. 29-43. Penalties for violation.

1. General. Any person, firm, organization, association or corporation violating any of the provisions of this Chapter 29, including violation violating of any variance granted under the authority of this Chapter 29, shall be deemed guilty of a misdemeanor responsible for a municipal civil infraction. and each such person or other entity shall be deemed guilty of a separate offense for Each and every day or portion thereof that any violation of any of the provisions of this Code chapter is committed, continued or permitted shall be a separate offense. Upon conviction of such violation, such person, firm organization, association or corporation shall be punished as provided in Chapter 34 and fined according to Chapter 21 of the Code of Ordinances. The imposition of one municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. and upon conviction of such violation, such person or other entity shall be punished by a fine of not more than three hundred dollars ($300.00), or imprisonment for not more than ninety (90) days or by both such fine and imprisonment.
2. Additional corrective actions. Any building or structure constructed in violation of the provisions of this Chapter 29 or any use carried on in violation of this Chapter 29 is hereby declared to be a nuisance per se, with any court of competent jurisdiction having the authority to determine that the owner or developer is guilty of maintaining a nuisance per se and to order such nuisance abated. In this connection, the City attorney is hereby authorized to institute any appropriate action or proceeding in any appropriate court to prevent, restrain, correct or abate any violation of this Chapter 29.

Section 8. Chapter 29, Article IV, Section 29-44 is hereby added to read as follows:

sec. 29-44. registry.

a registry of all detention facilities, retention basins and other stormwater facilities regulated by this chapter shall be maintained by the city engineer. at a minimum the registry shall include the following information: the name(s), addresses and telephone numbers of all owner(s) of each facility; the location of each facility; the date the facility was completed; the dates of all inspections of the facility; the date(s) a stormwater permit was issued or renewed, if applicable; the date(s) a stormwater certificate was issued; the dates and amounts of fees remitted; and a listing of all violations, if any, the corrective action ordered and the dates the corrections are completed. the city engineer may maintain any additional information deemed necessary.

Section 9. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Stormwater Municipal Civil Infractions     Introduction and first reading of the following ordinance amending Chapter 34, Municipal Civil Infractions was offered by Councilman Coppage and seconded by Councilman Wazbinski:

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 34-1 AND 34-5 OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1. Sections 34-1 and 34-5 of Chapter 34 of the Code of Ordinances of the City of Midland is hereby amended to read as follows:

Sec 34-1. Definitions.

As used in this Chapter:

a) "Act" mean Act # 236 of the Public Acts of 1961, as amended.

b) "Authorized city official" means a police officer or other personnel of the City, authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal infractions violation notices. The following persons other than police officers are also authorized city officials authorized to issue municipal civil infraction citations or notices: the Chief Building Inspector, the city engineer, the Fire Chief, the Director of Community Development and Planning, the Director of Public Services and their authorized representatives.

c) "City" means the City of Midland.

d) "Municipal civil infraction" means an act or omission that is prohibited by any ordinance of the City of Midland, but which is not a crime under such ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of the Act. A municipal civil infraction is not a lesser included offense of any ordinance violation that is a criminal offense.

e) "Municipal civil infraction action" means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.

f) "Municipal civil infraction citation" means a written complaint or notice prepared by an authorized city official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

Sec. 34-5. Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(a) Chapter 8. Uniform Fire Code.

(b) The City of Midland Zoning Ordinance.

(C) Chapter 29. stormwater runoff regulation and control.

Section 2. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Sale of Property - Kroger/Hook’s Building   Patricia Halm, City Attorney, presented information on proposals submitted to the City regarding the sale of City property known as the Kroger and Hook’s Drug Store building. William Bubniak of the Farbman Group, a real estate broker working on behalf of the City of Midland, recommended Council accept the proposal as submitted by RGS & Associates, Inc. of Birmingham, Michigan. Richard McCreadie, 602 S. Saginaw Road, Royal Scottish Investments, spoke in support of the proposal submitted by Velmeir Company, LLC. John Overton, representing RGS & Associates, Inc., spoke in support of the RGS & Associates proposal. The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, on November 5, 1996, the electorate of the City of Midland authorized the sale of property owned by the City of Midland known as the Kroger and Hook’s Drug Store building; and

WHEREAS, a Purchase Agreement for this property in the amount of $950,000 has been received from RGS & Associates, Inc.; now therefore

RESOLVED, that the City Council has determined that it is in the best interest of the City of Midland to sell the property owned by the City known as the Kroger and Hook’s Drug Store building to RGS & Associates, Inc. pursuant to the terms of the Purchase Agreement executed by said corporation on March 19, 1999; and

RESOLVED FURTHER, that the Mayor and the City Clerk are hereby authorized to execute said Purchase Agreement; and

RESOLVED FURTHER, that the Mayor and the City Clerk are authorized to execute a Warranty Deed and all other documents required pursuant to the Purchase Agreement; and

RESOLVED FURTHER, that the proceeds of the sale shall be placed in the Circle Mall Rental Fund and used to pay expenses of the sale, to repay the outstanding balance of the loan from the Water Fund, including interest accrued thereon, and to satisfy all remaining obligations resulting from winding up the business affairs of the rental operation of the property; and

RESOLVED FURTHER, that the Circle Mall Rental Fund shall be closed on or before June 30, 1999, and any remaining fund balance shall be transferred to the General Fund and shall be added to the General Fund contingency reserve fund balance until such time as the specific use for said funds shall be determined by Council action. (Motion adopted.)

Annexation from Homer and Larkin Townships     James Schroeder, Director of Planning and Community Development, presented information on resolutions approving the annexations from Homer Township and Larkin Township through the joint resolution process. The following two resolutions were then presented for consideration.

Annexation - Homer Township The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing at the North 1/4 corner of Section 1, T14N, R1E, Midland County, Michigan; thence South 433.00 feet, along the North-South 1/4 line, to the State Drain to the Point of Beginning; thence Southeasterly along the State Drain 216 feet, to a point 500 feet South of the North Section line; thence East, parallel to and 500 feet South from the North Section line to the East 1/8 line of said Section; thence South 3253.36 feet, along the East 1/8 line; thence North 88° 04’ 33" West 208 feet; thence North 54° 52’ 24" West 1327.13 feet, to the North-South 1/4 line; thence North 02° 13’ 39" East 587 feet, along the North-South 1/4 line to the center of said Section 1; thence North 87° 39’ 42" West 400 feet, along the East-West 1/4 line; thence North 02° 19’ 41" East, to the North 1/8 line; thence East 400 feet, along the North 1/8 line, to the North-South 1/4 line; thence North 02° 19’ 21" East 693.13 feet along the North-South 1/4 line, to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Homer by property owners that are the subject of the petitions and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioners, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer. (Motion adopted.)

Annexation - Larkin Township The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing 1320 feet North of the Southeast corner of Section 33, T15N, R2E, Midland County, Michigan; thence West 264 feet, South 165 feet, East 264 feet, North 165 feet to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Larkin by property owners that are the subject of the petitions and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioners, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin. (Motion adopted.)

Donation for Acquiring Property in Vicinity of the Greenbelt     The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the Herbert A. and Grace A. Dow Foundation has offered to contribute funds for the acquisition of a single parcel of property in the vicinity of the Greenbelt; and

WHEREAS, it is in the interest of the City of Midland to acquire such land; now therefore

RESOLVED, that the City Council accepts the generous donation of the Herbert A. and Grace A. Dow Foundation and directs the administration to extend its appreciation for such a contribution. (Motion adopted.)

Site Plan No. 177 James Schroeder, Director of Planning and Community Development, presented information regarding Site Plan No. 177 for the east side of Eastman Avenue north of Joe Mann Boulevard. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 177, the request of Stephen Dunkle of RC Associates, on behalf of Chrysler Realty, for site plan review and approval of an 8,578 square foot commercial building on 7.13 acres on the east side of Eastman Avenue north of Joe Mann Boulevard; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 177, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 177, in accord with the drawing dated March 4, 1999. (Motion adopted.)

Storm Water Infiltration Report Noel Bush, Director of Utilities, presented a report on the City of Midland’s storm water infiltration. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the City of Midland Storm Water Infiltration Report be received and filed in the office of the City Clerk. (Motion adopted.)

Complete Count Committee Report - Year 2000 Census The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the City Council receives and files a report on the formation of a Complete Count Committee for the 2000 Census. (Motion adopted.)

TCO S-98-09 The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. S-98-09 filed December 22, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Thornberry Court shall stop for Harcrest Drive.

is hereby made permanent. (Motion adopted.)

99 Applewood Rd Reconstruction The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Applewood Road from Valley Drive to Sugnet Road; and

WHEREAS, funding for this project is provided by the Local Street Fund (Project No. LS9901); now therefore

RESOLVED, that the low sealed proposal submitted by Midland Contracting Company of Carrollton, Michigan, for the "1999 Applewood Road Reconstruction; Contract No. 8", in the indicated amount of $107,069.08, 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; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

99 Surface Treatment Program The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal submitted by Pavement Maintenance Systems, Inc. of Imlay City, Michigan, for the "1999 Surface Treatment Program; Contract No. 6", in the indicated amount of $170,288.40, 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; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

Midland Rd Building Demolitions The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the demolition of buildings; and

WHEREAS, funding for this project is provided by County Road Millage Funds; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "Building Demolitions 5600, 5620, and 5840 Midland Road, Bid No. 2266" in the indicated amount of $25,000 is hereby accepted and the City Manager is authorized to issue a purchase order therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of the water mains on parts of Concord, Dartmouth and Salem Streets; and

WHEREAS, funding for this project is provided by the Water Fund (Project Number WD9901); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1999 Water Main Replacement Program; Contract No. 18", in the indicated amount of $219,904.50, 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; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

Software Purchase - Public Safety & Human Resources The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, in December 1997 the City of Midland entered into a contract with HTE, Inc. for the purchase of AS/400 software to handle the financial and administrative needs of the City; and

WHEREAS, included in the contract was the future option to purchase Public Safety and Human Resources software at a 20% discount; and

WHEREAS, the administration has determined that the purchase of Public Safety and Human Resources software is necessary for efficient operation of those departments; and

WHEREAS, funding for the Public Safety and Human Resources software is included in the 1998-99 budget for citywide software purchases; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders and the Mayor and City Clerk are authorized to sign the contract supplement with HTE, Inc. of Lake Mary, Florida in the amount of $150,055 for the purchase of Public Safety and Human Resources software. (Motion adopted.)

99 Sidewalk Improvement Report Councilman Coppage suggested Council consider adding sidewalk on Eastman Avenue (east side) from Joe Mann Boulevard to north line of the Meijer, Inc. property to the City Manager’s 1999 Sidewalk Improvement Project Report. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, on March 8, 1999, the City Council directed the City Manager to prepare a report to 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 certain sidewalks 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 provisions of Chapter 20 of the Code of Ordinances of the City of Midland, MI, said locations 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 be directed to include Eastman Avenue (east side) From Joe Mann Boulevard to north line of the Meijer, Inc. property in the City Manager’s 1999 Sidewalk Improvement Project Report to Council on April 12, 1999. (Motion adopted.)

NEW BUSINESS     Council requested the City Manager submit a semi-annual safety report to Council. Karl Tomion, City Manager, will have the 1998 Safety Report prepared for the April 12, 1999 Council meeting.

Being no further business the meeting adjourned at 10:25 p.m.

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