May 17, 1999

A regular meeting of the City Council was held on Monday, May 17, 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

Councilmen absent: Marty Wazbinski (excused)

 

Minutes Approval of the minutes of the May 10, 1999 special meeting and the May 10, 1999 regular meeting was offered by Councilman Coppage and seconded by Councilman Tysse. (Motion adopted.)

Safe Boating Week Jill Liberto, Assistant Community Relations Coordinator, introduced Lt. Diane K. Zielinski and Yvonne Hoag both from the Saginaw Bay Power Squadron and a Deputy from the Sheriff’s Marine Department who were promoting National Safe Boating Week. 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 the week of May 22 - 28, 1999, as SAFE BOATING WEEK in Midland. (Motion adopted.) Mayor Black presented the proclamation to Lt. Diane K. Zielinski.

99 Sidewalk Improvement Program Jerry Hammond, City Engineer, presented information on the proposed 1999 Sidewalk Improvement Program. A public hearing was opened at 7:14 p.m. Joseph T. Braun, owner of property at 6211 Sturgeon Avenue, objected to the placement of sidewalk on the west side of Sturgeon Avenue from the end of existing sidewalk to Wackerly Street. The hearing closed at 7:23 p.m. Mayor Black recommended that sidewalk on the west side of Wood Court be placed from Airfield Lane to north end of existing sidewalk. Council agreed to delete the sidewalk on the west side of Sturgeon Avenue from the end of existing sidewalk to Wackerly Street. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

Dublin Avenue (east side) Saginaw Road to Rail-Trail

Eastman Avenue (east side) Joe Mann Boulevard to north line of Meijer Property

Patrick Road (north side) Jefferson Avenue to Carpenter Street

Wood Court (west side) Airfield Lane to north end of existing sidewalk

and has heretofore established one special assessment district which is to be known as the "1999 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" and has heretofore ordered due notice that it would meet on the 17th day of May, 1999, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; 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 sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 12, 1999, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the "1999 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of seventeen thousand five hundred ninety-seven dollars ($17,597.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be nine thousand eight hundred ninety-three dollars ($9,893.00) and that all other costs and expenses of said improvement amounting to seven thousand seven hundred four dollars ($7,704.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; be it

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 1999, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 1999, and that said agreement is received by City Council for approval at their June 7, 1999, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; 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 said "1999 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis. (Motion adopted.)

Zoning Petition No. 440 James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 440 - zoning lands in the Sandow Road area to Residential A-1 and Office Service 2. A public hearing was opened at 7:34 p.m., no comments were made, the hearing closed at 7:35 p.m. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:

ORDINANCE NO. 1446

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 AND AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

That property described as: Beginning at a point on the West Section line 400 feet North of the Southwest corner of Section 13, T14N, R1E, Midland County, Michigan; thence East 660 feet; thence North to the South 1/8 line; thence East to the West 1/8 line; thence North to the East-West 1/4 line; thence West to the Southeast corner of Lot 26 of Hoffman Subdivision No. 1; thence North 1541 feet along the East line of said Subdivision to the Northeast corner of Lot 37 of said Subdivision; thence West along the North line of said Subdivision 230 feet; thence North 90 feet; thence Northwesterly 118 feet to a point 115 feet North of the Northwest corner of Lot 39 of said Subdivision; thence South 115 feet to the North line of said Subdivision; thence West 115 feet to the Northwest corner of Lot 40 of said Subdivision; thence North 5 feet; thence West 200 feet to the Section line common to Sections 13 and 14, T14N, R1E; thence South along said Section line to a point 451 feet North of the West 1/4 corner of Section 13; thence West 288.75 feet; thence South 451 feet to the East-West 1/4 line of Sections 13 and 14; thence West along the East-West 1/4 line of Section 14 to a point 680 feet West of the East line of Section 14; thence South to the South 1/8 line; thence East 30.3 feet; thence South 165 feet to the center line of Clark Road; thence West .3 feet; thence South 462 feet; thence West 15.76 feet; thence South 660 feet to the South Section line of Section 14; thence East along said South Section line 232 feet; thence North 660 feet; thence East 443.76 feet to the common Section line of said Sections 13 and 14; thence South along said Section line to the point of beginning; and

That property described as: Beginning at a point 277 feet South 2 29’ West and 179.47 feet North 87 6’ West of the Northeast corner of Section 23, T14N, R1E, Midland County, Michigan; thence North 87 6’ West 175.08 feet; thence South 2 29’ West to a point 462 feet from the North Section line of said Section 23; thence South 87 56’ East 354.4 feet; thence North 2 29’ East 20.03 feet; thence North 87 56’ West 1789.47 feet; thence North 2 29’ East 165 feet to the point of beginning;

be, and the same is hereby changed to a Residential A-1 District.

Section 2. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Beginning at a point 277 feet South 2 29’ West of the Northeast corner of Section 23, T14N, R1E, Midland County, Michigan; thence North 2 29’ East 156.97 feet; thence North 42 18’ West 70.98 feet; thence North 87 6’ West 181.36 feet; thence North 2 53’ East 10 feet; thence North 87 6’ West 90.18 feet; thence South 2 29’ West to a point 277 feet from the North line of said Section 23; thence South 87 56’ East to the point of beginning;

be, and the same is hereby changed to an Office-Service 2 District.

Section 3. 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 4. This Ordinance shall take effect upon publication. (Ordinance adopted.)

Zoning Petition No. 441 James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 441 - zoning 1.9 acres on the southwest corner of Vance and Penrod Roads to Residential A-1. A public hearing was opened at 7:37 p.m., no comments were made, the hearing closed at 7:38 p.m. The following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Coppage:

ORDINANCE NO. 1447

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

That property described as: Commencing 680 feet North of the East 1/4 corner of Section 13, T14N, R1E, Midland County, Michigan; thence West 314 feet, South 185 feet, East 314 feet, North 185 feet to the point of beginning,

be, and the same is hereby changed to a Residential A-1 District.

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

Section 3. This Ordinance shall take effect upon publication. (Ordinance adopted.)

Zoning Petition No. 442 James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 442 - zoning 2 acres on the west side of Dublin Avenue north of Airport Road to Residential A-1. A public hearing was opened at 7:39 p.m., no comments were made, the hearing closed at 7:40 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1448

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

That property described as: Commencing 825 feet North of the Southwest corner of Section 31, T15N, R2E; thence North 264 feet, East 330 feet, South 264 feet, West 330 feet to the point of beginning,

be, and the same is hereby changed to a Residential A-1 District.

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

Section 3. This Ordinance shall take effect upon publication. (Ordinance adopted.)

 

PUBLIC COMMENTS No comments were made.

 

Stormwater Runoff Regulation and Control Ordinance     Jerry Hammond, City Engineer, presented information on a second reading of amendments to the Stormwater Runoff Regulation and Control Ordinance. The following three ordinance amendments were then presented for consideration.

 

Chapter 21 - Rates, Charge and Fees The following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1449

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.

(2) 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.

(3) 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. (Ordinance adopted.)

 

Chapter 29 - Stormwater Runoff Regulation & Control     The following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

Ordinance No. 1450

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:

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.

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.

City Engineer: The person formally designated by the City Manager as the City Engineer.

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.

Conduit: Any channel, pipe, sewer, or culvert used for the conveyance or movement of water, whether open or closed.

Control elevation: Contour lines and points of predetermined elevation used to denote a detention storage area on a plat or site drawing.

Design standards for 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.

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.

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.

Discharge: The rate of outflow of water from any source.

Drainage area: The area from which water is carried off by a drainage system, i.e., a watershed or catchment area.

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.

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.

Hydrograph: A graph showing, for a given point on a stream or conduit, the runoff flow rate with respect to time.

One hundred-year storm: A precipitation event of twenty-four-hours’ duration, having a one per cent chance of occurring in any one year.

Owner(s): Every person, firm, organization, association or corporation listed on the records in the office of the city assessor as owning the particular property subject to this Chapter.

Peak flow: The maximum rate of flow of stormwater at a given point in a channel or conduit resulting from predetermined storm or flood.

Retention basin: A facility, structure or feature with no outlet, designed to retain stormwater over a period of time, with its release and discharge rate occurring over a longer period of time than in a detention facility.

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.

Stormwater drainage facility: Any element in a stormwater drainage system that is made or improved by man.

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.

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.

Two-year storm: A precipitation event having a fifty (50) per cent chance of occurring in any one year.

Two-year storm runoff: The stormwater runoff having a fifty (50) per cent probability of occurring in any one year.

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.

Upland area: Any land whose surface drainage flows toward the area being considered for development.

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.

Waterbody: Any natural or artificial pond, lake, reservoir or other area that ordinarily or intermittently contains water and has a discernible shoreline.

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.

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.

Before initiating any 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 designee that indicates that the development plans submitted by the applicant have met the requirements of this Chapter and the city’s stormwater regulation and control design standards. 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 owner of the facility 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 owner of the facility of the requirement to renew the certificate and to inspect the facility. The owner of the facility 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 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 shall apply to the property proposed for development. The affidavit shall specifically describe whatever the affiant’s interest may be in any joining or contiguous property. For purposes of this Section, 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 of organization, such ownership interest shall likewise be attributed to said owner.

Sec. 29-12. Discharge rate.

The peak discharge rate after full development resulting from the proposed development shall not exceed 0.2 cubic feet per second per acre (c.f.s.).

Sec. 29-13. Flood elevation.

There shall be no detrimental effect on the flood elevation of the 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 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, all manholes for sanitary sewers shall be of a type 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 eighteen (18) inches.

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

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

The developer shall be required to submit detailed hydrologic and hydraulic calculations to show that the requirements of this Chapter will be met. A unit hydrograph method of analysis shall be used for detailed hydrologic computations. Computations shall be site specific and shall account for conditions such as soil type, vegetative cover, impervious areas, existing drainage patterns, flood plain areas and wetlands. Detention storage shall be calculated to account for runoff resulting from a 5 inch rainfall received during a 24 hour period. The discharge rate shall be limited to 0.2 cubic feet per second per acre of drainage area.

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 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.

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. The City Engineer shall, 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 design standards for stormwater runoff regulation and control, 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. 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.

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.

In a non-emergency situation where the owner of the stormwater facility 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.

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.

General. Any person, firm, organization, association or corporation violating any provision of this Chapter, including violating any variance granted under the authority of this Chapter, shall be deemed responsible for a municipal civil infraction. Each and every day or portion thereof that any violation of any provisions of this 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.

Additional corrective actions. Any building or structure constructed in violation of the provisions of this Chapter or any use carried on in violation of this Chapter 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.

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. (Ordinance adopted.)

 

Chapter 34 - Municipal Civil Infractions    The following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1451

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. (Ordinance adopted.)

1999-2000 City Budget Robert Fisher, Director of Fiscal Services, reviewed the proposed 1999-2000 City of Midland budget and millage rates. Louis F. Wirth, Jr., 1001 Holyrood Street, read a statement regarding the Interim Enhanced Surface Water Treatment Act. Council directed staff to consolidate the proposed stormwater millage rate of .29 with the general operating mills of 8.04, for a total general operating mills of 8.33. 3.24 mills is proposed for the tax appeal contingency reserve and .55 mills is proposed for general obligation debt, for a total of 12.12 mills. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, a public hearing on the 1999-2000 budget was held on Monday, May 10, 1999, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 14 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,144,833,500, plus $85,488,030 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 1999 and ending June 30, 2000 is hereby determined and adopted as follows:

GENERAL FUND:

Sources of Funds:

Taxes

$25,676,700

State Funds

3,822,500

Other Revenues

5,141,020

Fund Balance

(5,239,090)

Total Sources of Funds

$29,401,130

GENERAL FUND (continued):

Appropriations:

General Programs

$24,264,460

Capital Improvement

1,171,720

Transfers to Other Funds

3,614,950

Contingencies

350,000

Total Appropriations

$29,401,130

MAJOR STREET FUND:

Sources of Funds:

State Gas and Weight Tax

$ 1,941,140

Other Revenues

373,680

Transfers from Other Funds

112,940

Fund Balance

777,270

Total Sources of Funds

$ 3,205,030

Appropriations:

Street Maintenance

$ 1,364,030

Street Construction

1,471,000

Transfers to Other Funds

350,000

Contingencies

20,000

Total Appropriations

$ 3,205,030

LOCAL STREET FUND:

Sources of Funds:

State Gas and Weight Tax

$ 375,650

Other Revenues

320,880

Transfers from Other Funds

548,300

Fund Balance

311,570

Total Sources of Funds

$1,556,400

Appropriations:

Street Maintenance

$ 940,400

Street Construction

596,000

Contingencies

20,000

Total Appropriations

$ 1,556,400

GRACE A. DOW LIBRARY FUND:

Sources of Funds:

Operating Revenues

$ 312,250

State Funds

65,000

Other Revenues

207,800

Transfers from Other Funds

2,643,590

Total Sources of Funds

$ 3,228,640

GRACE A. DOW LIBRARY FUND

(continued):

Appropriations:

Operating Expenditures

$ 2,651,820

Capital Expenditures

576,820

Total Appropriations

$ 3,228,640

COMMUNITY DEVELOPMENT

BLOCK GRANT FUND:

Sources of Funds:

Federal Grants

$ 376,078

Appropriations:

Residential Home Rehabs

$ 216,578

Other Expenditures

144,500

Contingencies

15,000

Total Appropriations

$ 376,078

CABLE COMMUNICATIONS FUND:

Sources of Funds:

Operating Revenues

$ 301,900

Other Revenues

4,000

Fund Balance

31,490

Total Sources of Funds

$ 337,390

Appropriations:

Operating Expenditures

$ 288,540

Capital Expenditures

36,400

Contingencies

12,450

Total Appropriations

$ 337,390

DOWNTOWN DEVELOPMENT

AUTHORITY FUND:

Sources of Funds:

Property Taxes

$ 401,000

Other Revenues

21,500

Fund Balance

(50,000)

Total Sources of Funds

$ 372,500

Appropriations:

Operating Expenditures

$ 141,550

Capital Expenditures

42,000

Transfers to Other Funds

173,000

Contingencies

15,950

Total Appropriations

$ 372,500

DEBT SERVICE FUND:

Sources of Funds:

Property Taxes

$ 1,227,850

Other Revenues

2,500

Total Sources of Funds

$1,230,350

Appropriations:

Bond Principal

$ 932,000

Bond Interest

294,850

Other Expenditures

3,500

Total Appropriations

$ 1,230,350

DDA DEBT SERVICE FUND:

Sources of Funds:

Transfers from Other Funds

$ 136,000

Fund Balance

(1,850)

Total Sources of Funds

$ 134,150

Appropriations:

Bond Principal

$ 80,000

Bond Interest

52,950

Other Expenditures

1,200

Total Appropriations

$ 134,150

SANITARY LANDFILL FUND:

Sources of Funds:

Operating Revenue

$ 2,727,000

Other Revenue

200,000

Working Capital

750,040

Total Sources of Funds

$ 3,677,040

Appropriations:

Operating Expenses

$ 1,746,000

Other Expenses

72,610

Interest Expense

75,330

Capital Expenses

1,089,600

Retirement of Debt

640,000

Contingencies

53,500

Total Appropriations

$ 3,677,040

CIRCLE MALL FUND:

Sources of Funds:

Operating Revenues

$ 86,900

CIRCLE MALL FUND (continued):

Appropriations:

Operating Expenses

$ 36,250

Interest Expense

13,000

Retirement of Debt

27,650

Contingencies

10,000

Total Appropriations

$ 86,900

WASHINGTON WOODS FUND:

Sources of Funds:

Operating Revenues

$ 996,870

Other Revenues

145,390

Working Capital

41,580

Total Sources of Funds

$ 1,183,840

Appropriations:

Operating Expenses

$ 872,190

Other Expenses

64,800

Capital Expenses

233,290

Contingencies

13,560

Total Appropriations

$ 1,183,840

RIVERSIDE PLACE FUND:

Sources of Funds:

Operating Revenues

$ 840,100

Other Revenues

132,570

Working Capital

30,650

Total Sources of Funds

$ 1,003,320

Appropriations:

Operating Expenses

$ 773,670

Other Expenses

81,460

Capital Expenses

137,740

Contingencies

10,450

Total Appropriations

$ 1,003,320

GOLF COURSE FUND:

Sources of Funds:

Operating Revenues

$ 648,500

Other Revenues

24,000

Working Capital

92,070

Total Sources of Funds

$ 764,570

GOLF COURSE FUND (continued):

Appropriations:

Operating Expenses

$ 699,180

Other Expenses

3,590

Capital Expenses

41,800

Retirement of Debt

15,000

Contingencies

5,000

Total Appropriations

$ 764,570

PARKING FUND:

Sources of Funds:

Operating Revenues

$ 81,020

Other Revenues

100

Transfers from Other Funds

37,000

Working Capital

1,990

Total Sources of Funds

$ 120,110

Appropriations:

Operating Expenses

$ 98,110

Capital Expenses

22,000

Total Appropriations

$ 120,110

TRANSPORTATION (DIAL-A-RIDE)

FUND

Sources of Funds:

Operating Revenues

$ 785,460

Transfers from Other Funds

328,220

Total Sources of Funds

$ 1,113,680

Appropriations:

Operating Expenses

$ 1,068,140

Other Expenses

30,000

Capital Expenses

5,200

Contingencies

10,340

Total Appropriations

$ 1,113,680

WASTEWATER FUND:

Sources of Funds:

Operating Revenues

$ 3,360,000

Other Revenues

94,300

Working Capital

484,960

Total Sources of Funds

$ 3,939,260

WASTEWATER FUND (continued):

Appropriations:

Operating Expenses

$ 2,735,780

Other Expenses

103,450

Interest Expense

74,730

Capital Expenses

757,300

Retirement of Debt

233,000

Contingencies

35,000

Total Appropriations

$ 3,939,260

WATER FUND:

Sources of Funds:

Operating Revenues

$ 8,256,010

Contractual Revenue

1,397,700

Other Revenues

257,750

Working Capital

285,570

Total Sources of Funds

$10,197,030

Appropriations

Operating Expenses

$ 4,839,110

Other Expenses

203,800

Interest Expense

1,671,230

Capital Expenses

1,794,990

Retirement of Debt

1,624,550

Advance to Other Fund

(25,650)

Contingencies

89,000

Total Appropriations

$10,197,030

STORMWATER MANAGEMENT FUND

Sources of Funds:

Operating Revenues

$ 320,240

Other Funds

643,140

Total Sources of Funds

$ 963,380

Appropriations:

Operating Expenses

$ 688,380

Capital Expenses

250,000

Contingencies

25,000

Total Appropriations

$ 963,380

DATA PROCESSING OPERATIONS:

Sources of Funds:

Operating Revenues

$ 725,000

Other Revenues

37,500

Working Capital

3,860

Total Sources of Funds

$ 766,360

Appropriations:

Operating Expenses

$ 591,300

Other Expenses

21,500

Capital Expenses

130,000

Contingencies

23,560

Total Appropriations

$ 766,360

DATA PROCESSING RENTAL FUND:

Sources of Funds:

Operating Revenues

$ 247,780

Other Revenues

12,000

Working Capital

79,920

Total Sources of Funds

$ 339,700

Appropriations:

Operating Expenses

$ 109,700

Capital Expenses

230,000

Total Appropriations

$ 339,700

EQUIPMENT REVOLVING FUND:

Sources of Funds:

Operating Revenues

$ 3,439,680

Other Revenues

156,800

Working Capital

(1,073,060)

Total Sources of Funds

$ 2,523,420

Appropriations:

Operating Expenses

$ 1,571,050

Other Expenses

108,750

Capital Expenses

811,500

Contingencies

32,120

Total Appropriations

$ 2,523,420

SERVICE CENTER RENTAL FUND:

Sources of Funds:

Operating Revenues

$ 250,200

Other Revenue

10,000

Working Capital

(21,950)

Total Sources of Funds

$ 238,250

Appropriations:

Operating Expenses

$ 178,250

Capital Expenses

50,000

Contingencies

10,000

Total Appropriations

$ 238,250

PROPERTY AND LIABILITY

INSURANCE FUND:

Sources of Funds:

Operating Revenues

$ 535,810

Working Capital

126,400

Total Sources of Funds

$ 662,210

Appropriations:

Operating Expenses

$ 662,210

; and

 

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 8.33 mills for operations, 3.24 mills for tax appeal contingency reserve and 0.55 mills for general obligation debt, a total of 12.12 mills, on the Taxable Value of the various classes of property in the City of Midland on the 1999 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the Taxable Value of the various classes of property on the 1999 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the Summer and Winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies and in the review and appeal processes; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after September 15 and February 14, a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that all property tax revenues resulting from said 3.24 mill tax appeal contingency levy, along with interest earned thereon by the City, shall be placed in a Tax Appeal Contingency Reserve within the General Fund, shall be restricted solely for adjustments resulting from the major tax appeals of Midland Cogeneration Venture, The Dow Chemical Company and Dow Corning Corporation for 1997 and subsequent years,

and shall be accumulated until final disposition of said tax appeals occurs, whereupon any unused funds in said Reserve shall be returned to City taxpayers through a future millage reduction. (Motion adopted.)

Site Plan No. 180 Mayor Black with concurrence from Council moved item 12b up in the agenda. James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 180 for Arrow Cove off Schuette Road in Eastwick Industrial Park. Mayor Black represented Midland Economic Development Council in the sale of the property to Mason Loomis and therefore requested he be allowed to abstain from voting on this issue. Council unanimously agreed to the abstention. The gavel was given to Mayor Pro Tem Coppage. Jenee Velasquez, Interim Director of the Midland Economic Development Council, spoke in support of the project. Greg Loomis, 2328 Woodland Estates, co-owner of Mason Loomis Industrial Electric, Inc., gave an overview of his company’s business. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 180, the request of Mann Construction, on behalf of Mason Loomis Industrial Electric, Inc., for site plan review and approval of a 5,000 square foot office and fabrication shop on five acres on the east side of Arrow Cove off Schuette Road in Eastwick Industrial Park; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 180, 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. 180, in accord with the drawing dated April 22, 1999. (Motion adopted. Yeas: Coppage, Moolenaar, Tysse Nays: None Abstained: Black)

Mayor Black resumed the chair.

 

Boards and Commissions Appointments Mayor Black gave an overview of the procedures followed when making appointments to City Boards & Commissions. The following fourteen resolutions were then presented for consideration.

Aviation Advisory Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that William Pearsey is hereby appointed as the Pilot Representative to the Aviation Advisory Commission for a term to expire June 30, 2002. (Motion adopted.)

Board of Review The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Millard Kent is hereby appointed to the Board of Review for a term to expire April 30, 2002. (Motion adopted.)

 

Building, Fire, Mechanical & Housing Board of Appeals     The following resolution was offered by Councilman  Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Robert Martelli is hereby reappointed as the registered professional engineer member and Andrew Kuchek and James Wesolowski are hereby reappointed and Ben Lerner is hereby appointed as citizen at large members to the Building, Fire, Mechanical & Housing Code Board of Appeals for terms to expire June 30, 2002. (Motion adopted.)

Dial-A-Ride Advisory Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Bryan Christenson is hereby appointed as a citizen at large member to the Dial-A-Ride Advisory Commission for a term to expire June 30, 2002. (Motion adopted.)

Electrical Board of Appeals The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Keith Thurlow is hereby reappointed as a licensed Class 1 electrical contractor and Robert Martelli is hereby appointed as citizen at large members to the Electrical Board of Appeals for terms to expire June 30, 2002. (Motion adopted.)

 

Local Officer Compensation Commission    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Dale Bement is hereby reappointed as a citizen at large member to the Local Officers Compensation Commission for a term to expire June 30, 2006. (Motion adopted.)

Merit System Board The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Tim Mathewson is hereby reappointed as a citizen at large member to the Merit System Board for a term to expire June 30, 2002. (Motion adopted.)

 

Parks and Recreation Commission    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Robert Mesler is hereby reappointed and Lois Berthiaume and Roger McCarty are hereby appointed as citizen at large members to the Parks and Recreation Commission for terms to expire June 30, 2002. (Motion adopted.)

Planning Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Rodney Wieland is hereby reappointed and Russell Baker and Steven Rapanos are hereby appointed as citizen at large members to the Planning Commission for terms to expire June 30, 2002. (Motion adopted.)

Plumbing Board of Appeals The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Robert Martelli is hereby reappointed as the registered engineer representative to the Plumbing Board of Appeals for a term to expire June 30, 2002. (Motion adopted.)

Sewer District Board of Appeals The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that James Pollack is hereby reappointed as a citizen at large member to the Sewer District Board of Appeals for a term to expire June 30, 2002. (Motion adopted.)

 

W. Main St. Historic District Comm. Residency Requirement Waived     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, an application has been received from Karen Sherman seeking appointment as the architect representative to the West Main Street Historic District Commission; and

WHEREAS, Ms. Sherman is not a resident of the City of Midland; and

WHEREAS, Section 2-240 of the Code of Ordinances allows the requirement to be waived by a four-fifths vote of the City Council; now therefore

RESOLVED, that the City Council hereby waives the residency requirement for appointment of Karen Sherman as the architect representative to the West Main Street Historic District Commission. (Motion adopted.)

 

West Main Street Historic District Commission    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Karen Sherman is hereby appointed as the architect representative and Michael Panhorst is hereby reappointed and Keith Abbe is hereby appointed as citizen at large members to the West Main Street Historic District Commission for terms to expire June 30, 2002. (Motion adopted.)

Zoning Board of Appeals The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that John Higgins is hereby reappointed as a full member and Stephen Colarelli is hereby reappointed and John Dittenbir is hereby appointed as alternate members to the Zoning Board of Appeals for terms to expire June 30, 2002. (Motion adopted.)

 

Water Service Agreement with Midland Township Jack Duso, Assistant City Manager, presented the final revised version of a Water Service Agreement with Midland Township for consideration. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City of Midland and Midland Township entered into an Urban Cooperation Act Agreement on December 24, 1992 that included a provision allowing Midland Township to request utility services from the City of Midland upon the execution of a mutually acceptable agreement; and

WHEREAS, Midland Township has requested that the City of Midland provide Midland Township with water service; and

WHEREAS, the attached Water Service Agreement between the City of Midland and Midland Township has been negotiated by the parties and was initially presented to the City Council at the May 10, 1999 City Council meeting for the purpose of providing the public an opportunity for review and comment; now therefore

RESOLVED, that the attached Water Service Agreement between the City of Midland and Midland Township is hereby approved and the Mayor and City Clerk are authorized to execute said Agreement. (Motion adopted.)

 

Disconnection of Downspout and Roof Drain Report     Noel Bush, Director of Utilities, presented a report on orders to disconnect downspouts and roof drains. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the report on downspout waivers be received and filed in the office of the City Clerk. (Motion adopted.)

Site Plan No. 178 James Schroeder, Director of Planning and Community Development, presented information regarding Site Plan No. 178 for Hedgewood Place Apartments on the west side of Hedgewood Drive north of North Saginaw Road. The following resolution then was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 178, the request of Matt Rapanos for site plan review and approval of Hedgewood Place Apartments, a 26 unit apartment complex in six buildings on 1.55 acres on the west side of Hedgewood Drive north of North Saginaw Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 178, 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. 178, in accord with the drawing dated April 6, 1999. (Motion adopted.)

 

Preliminary Plat - Scenic Estates No. 5    James Schroeder, Director of Planning and Community Development, presented information regarding the tentative and final approval to the Preliminary Plat of Scenic Estates No. 5. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council has reviewed the Preliminary Plat of Scenic Estates No. 5, a residential subdivision of 80 lots on 38.27 acres east of Jefferson Avenue south of East Wackerly Street; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat, in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, the proprietor, Prodo, Inc., has requested a variance from the provisions of Section 23-57 of the Subdivision Control Ordinance to provide for a cul-de-sac in excess of 700 feet in length; and

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

RESOLVED, that the City Council does hereby give tentative and final approval to the Preliminary Plat of Scenic Estates No. 5, in accord with the drawing dated as received April 1, 1999, and in accord with Sections 23-14 and 23-15 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the City Council grants a variance from the provisions of Section 23-57 of the Subdivision Control Ordinance to provide for a cul-de-sac in excess of 700 feet in length, on the basis of:

1. Special circumstances or conditions affecting said property such that strict compliance to the provisions of these sections would deprive the proprietor of the reasonable use of his land.

2. The variances are necessary for the preservation and enjoyment of a substantial property right of the proprietor.

3. The granting of the variances will not be detrimental to the public welfare or injurious to other property in the territory in which said property is located.

(Motion adopted.)

 

Addendum to Purchase Agmt Kroger & Hook’s Building The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, on March 22, 1999, the City of Midland and RGS & Associates, Inc. ("RGS") entered into a Purchase Agreement for real property located at the intersection of Ashman and Jefferson, commonly known as the Kroger and Hook’s Drug Store building; and

WHEREAS, pursuant to said Agreement, RGS has until May 21, 1999 to complete an inspection of the property, an environmental audit if it so chooses, a survey of the property and a review of all documents related to the property; and

WHEREAS, RGS has requested that the Purchase Agreement be amended to extend this "due diligence" period by thirty days, until June 21, 1999, so that it may complete additional environmental work requested by its lender; and

WHEREAS, the property survey obtained by RGS revealed an easement affecting the property that was unknown to staff and RGS has agreed to extend the time available to the City for addressing this issue by an additional thirty days, until June 21, 1999; and

WHEREAS, RGS has agreed to increase the Deposit by an additional $10,000.00; and

WHEREAS, it is recommended that RGS’s request for an extension of the due diligence period by an additional thirty days be granted; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the attached Addendum to Purchase Agreement between RGS & Associates, Inc. and the City of Midland. (Motion adopted.)

Zoning Petition No. 443 The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 7, 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 RESIDENTIAL A-1 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:

That property described as: Lot 2 of Edwards Subdivision,

be, and the same is hereby changed to an Office-Service 2 District.

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

Section 3. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

 

Local Development Finance Authority    The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City of Midland is considering the formation of a Local Development Finance Authority and designation of an authority district; and

WHEREAS, it is necessary to conduct a public hearing to consider a proposed resolution designating an authority district and incorporating the local development plan pursuant to Act 281; now therefore

RESOLVED, that:

1. The City Council determines that it is necessary for the best interests of the public to create a local development finance authority pursuant to Act 281 in order to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City, and the City Council hereby declares its intention to create and provide for the operation of a local development finance authority pursuant to Act 281.

2. The authority district subject to the jurisdiction of the local development finance authority as provided in Act 281 is hereby tentatively designated to be as set forth in Exhibit A attached hereto.

3. There shall be a public hearing on Monday, the 21st day of June, 1999, at 7:00 p.m., Eastern Daylight Time, in the City Hall in the City of Midland to consider adoption by the City Council of a resolution creating a local development finance authority, designating the authority district in which the authority shall have jurisdiction and setting out certain procedures in connection therewith.

4. The City Clerk shall cause notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City, twice before the public hearing. Each notice shall be published not less than twenty (20) and not more than forty (40) days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. The Clerk shall also cause the notice to be mailed by first class mail not less than twenty (20) days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture if the authority is established and a tax increment financing plan is approved.

5. The notice of the hearing shall be in substantially the following form:

NOTICE OF PUBLIC HEARING

CITY OF MIDLAND

COUNTIES OF MIDLAND AND BAY, MICHIGAN

ON THE FORMATION OF A LOCAL DEVELOPMENT FINANCE AUTHORITY AND DESIGNATION OF AUTHORITY DISTRICT BOUNDARIES

TO ALL INTERESTED PERSONS IN THE CITY OF MIDLAND:

PLEASE TAKE NOTICE that the City Council of the City of Midland, Michigan, will hold a public hearing on Monday, the 21st day of June, 1999, at 7:00 p.m., Eastern Daylight Time in the Council Chambers in the City Hall, 333 West Ellsworth Street, Midland, Michigan, to consider the adoption of a resolution establishing a local development finance authority for the City of Midland and designating the boundaries of an authority district in connection therewith, pursuant to Act 281 of the Public Acts of Michigan of 1986, as amended.

 

PROPOSED BOUNDARIES

The boundaries of the proposed district within which the local development finance authority shall exercise its powers is as follows:

The Northeast 1/4 of Section 13, T14N, R2E, City of Midland, Midland County, Michigan, lying Southwest of the Southwest line of the US-10 right-of-way; the West 40 feet of the Northwest 1/4 of the Southeast 1/4; the North 122 feet of the West 559.23 feet of the Southeast 1/4 of the Southwest 1/4; the North 1/2 of the Southwest 1/4, EXCEPT the South 910 feet of the West 1/2 of the North 1/2 of the Southwest 1/4; the South 1/2 of the Northwest 1/4; the North 1/2 of the Northwest 1/4; EXCEPT Beginning 70 feet West of the Northwest corner of the East 1/2 of the Northeast 1/4 of the Northwest 1/4; South 924 feet East parallel to the North Section line to a point which is 100 feet East of the North-South 1/4 line; thence South parallel to the North-South 1/4 line to the East-West 1/4 line; thence East to the Southwesterly right-of-way line of US-10; thence Northeasterly along the Southwesterly right-of-way line of US-10 to the North Section line; thence West to beginning; EXCEPT Beginning at the Northwest corner of Section 13; thence East 622.22 feet, South 561.01 feet, West 621.69 feet, North 561 feet to Beginning, and EXCEPT Beginning at a point on the North Section line 732.13 feet West of the North 1/4 corner; thence West 592.13 feet, South 736.38 feet, East 591 feet, North 736.38 feet to Beginning, and EXCEPT rights-of-way and easements of record, all in Section 13, EXCEPT part of the Northwest 1/4 of Section 13, T14N, R2E, beginning at the corner of Lot 153 of Harris Park Subdivision; thence South 1000 feet; thence East 539.59 feet; thence North 4339’ East 114.64 feet; thence North 918.95 feet; thence West 631.32 feet to Beginning.

At the public hearing, all residents, taxpayers, property owners from a taxing jurisdiction in which the proposed district is located, or an official from a taxing jurisdiction with millage that would be subject to capture, desiring to address the City Council shall be afforded an opportunity to be heard in regard to the establishment of the authority and the boundaries of the proposed authority district.

FURTHER INFORMATION may be obtained from the City Planning Department at (517) 837-3374.

This notice is given by order of the City Council of the City of Midland, Michigan.

_______________________________

Penny K. Kovacevich, City Clerk

6. In order to obtain a certification from the Michigan Jobs Commission that each proposed authority district set forth in Exhibit A, or any portion thereof, qualifies as a certified industrial park under Act 281, the City agrees to comply with any requirement imposed upon property classified as a certified industrial park by the State. The City Manager is authorized and directed to make application to the State for certification of each proposed authority district, or any portion thereof, as a designated certified industrial park under Act 281.

7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

(Motion adopted.)

 

Brownfield Redevelopment Authority    The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within an area of the City of Midland described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the "Proposed Brownfield Redevelopment Zone"); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to create and provide for the operation of a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the adoption of a proposed resolution creating a Brownfield Redevelopment Authority under the Act (the "Authority") and designating the boundaries of the Proposed Brownfield Redevelopment Zone, the area within which the Authority shall exercise its powers, and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of Brownfield plans relating to the designation and treatment of environmentally distressed areas within Brownfield redevelopment zones.

2. The City Council hereby declares its intention to create and provide for the operation of the Authority within the City of Midland pursuant to and in accord with the provisions of the Act.

3. A public hearing shall be held before the City Council on Monday, the 21st day of June, 1999, at 7:00 p.m., Eastern Daylight Time, in the City Hall in the City of Midland on the adoption of a resolution creating the Authority within the City of Midland and designating the boundaries of the Proposed Brownfield Redevelopment Zone, the area within which the Authority shall exercise its powers.

4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit C, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 22nd day of May, 1999, and the 29th day of May, 1999, and by posting notice of the public hearing, in the form attached hereto as Exhibit D, pursuant to the practice of the City Clerk.

(Motion adopted.)

 

Being no further business the meeting adjourned at 9:53 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk