July 26, 1999

A regular meeting of the City Council was held on Monday, July 26, 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 July 12, 1999 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Sister City Handa, Japan – Exchange Students     Philip VanDam introduced Jana Mathieu, Diane Tomion  and Aaron Markowitz - Shulman, Midland students selected to travel to Midland’s sister city, Handa, Japan.

 

Administrative Consent Order with MDEQ    Jack Duso, Assistant City Manager, presented information on the Administrative Consent Order negotiated between the Michigan Department of Environmental Quality (MDEQ) and the City of Midland. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the Administrative Staff has negotiated an Administrative Consent Order with the Michigan Department of Environmental Quality as a result of the issuance of Notices of Noncompliance related to the City's NPDES Permit; and

WHEREAS, prior to considering adoption of the Administrative Consent Order, the City Council has expressed its intent to allow an opportunity for citizens to inspect the document and provide input to the City Council; now therefore

RESOLVED, that the Administrative Consent Order is hereby received and ordered placed on file in the City Clerk's office and at the Grace A. Dow Memorial Library for public inspection; and

RESOLVED FURTHER, that a public hearing shall be held on August 23, 1999 in the Council Chambers at City Hall for the purpose of providing an opportunity for public comment on the Michigan Department of Environmental Quality Administrative Consent Order and the City Clerk is hereby directed to prepare and post the appropriate notices. (Motion adopted.)

 

Sanitary & Storm Sewer Systems Phase 3 Study     Noel Bush, Director of Utilities, presented an overview of the Hubbell, Roth & Clark (HRC) Phase 3 Study of the City of Midland’s sanitary and storm sewer systems. A public hearing was opened at 8:15 p.m. William Fagley, 2700 Glendale, presented a report from the Sensible Sewer Program Technical Committee regarding the Committee’s comments on HRC’s Phase 3 Study. John Rapanos, 1012 W. Sugnet, commented on the retention basin that HRC recommended in the study and stated he would like to visit a retention site that HRC has built. F. James Kane, 3403 McKeith, commented on the offset mitigation program and asked for clarification on the number of years the 880 home credits would give us, and suggested there was a conflict between the growth and development trend reported for the next 10 years. Dorothy Lengerman, 405 E. Nelson, commented on the HRC’s Phase 3 Study, specifically data on the monitoring of the Nelson Street Pumping Station. She expressed disappointment with MDEQ’s failure to recommend improvements to the sanitary sewer and commented on the 880 residential equivalent units. Ms. Lengerman also suggested HRC make arrangements to meet or be given a copy of the Sensible Sewer Committee proposal. The hearing closed at 8:51 p.m.

 

99 Huntley, Laughton & Welch Water Main Improvement Noel Bush, Director of Utilities, presented information on the "1999 Huntley, Laughton and Welch Water Main Improvement". A public hearing was opened at 9:20 p.m. Michael Jackson, 708 Madelene, supported the necessity of a water main but objected to his share of the cost. Harriet Boulis, 20 Welch Drive, Dutch Wolker, 56 Huntley Lane, Gary and Brenda Boots, 518 Laughton and John Benedict, 55 Huntley Lane, all supported the necessity of a water main. The hearing closed at 9:25 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City Council has given due notice of its intention to install water mains in certain streets, said improvement being more particularly described in a resolution dated July 12, 1999, said streets being:

HUNTLEY LANE from Isabella Road to the end of the street

LAUGHTON DRIVE from Isabella Road to the end of the street

WELCH DRIVE from Isabella Road to the end of the street

and has heretofore established one special assessment district designated:

"1999 HUNTLEY, LAUGHTON AND WELCH WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT "

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, July 26, 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 objections and suggestions to the proposed improvement and tabled action on this item pending more input from residents affected by this project; now therefore

RESOLVED, that the Council finds and determines that the installation of water mains on Huntley, Laughton and Welch Streets, are necessary public improvements, 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 improvements in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of fifty-one thousand five hundred dollars ($51,500.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be twenty-four thousand one hundred thirty-five and 79/100 dollars ($24,135.79) and that all other costs and expenses of said improvements amounting to twenty-seven thousand three hundred sixty-four and 21/100 dollars ($27,364.21) shall be borne and paid by special assessment on all lands and premises in said 1999 Huntley, Laughton and Welch Water Main Improvement Special Assessment District; 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 HUNTLEY, LAUGHTON AND WELCH WATER MAIN 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 improvement, computed as near as practicable on a front foot basis. (Motion adopted.)

 

99 Isabella Sanitary Sewer Improvement    Noel Bush, Director of Utilities, presented information on the "1999 Isabella Sanitary Sewer Improvement Special Assessment District". A public hearing was opened at 9:28 p.m. George Lyons, 3306 Isabella Street, supported the sanitary sewer improvement. The hearing closed at 9:30 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in certain streets, said improvement being more particularly described in a resolution dated July 12, 1999, said street being:

ISABELLA STREET (south side) from 400 feet east of Vance Road to 700 feet east of Vance Road

and has heretofore established one special assessment district designated:

"1999 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, July 26, 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 installation of a sanitary sewer on Isabella Street 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 fifteen thousand dollars ($15,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be ten thousand three hundred fifty and 70/100 dollars ($10,350.70) and that all other costs and expenses of said improvement amounting to four thousand six hundred forty-nine and 30/100 dollars ($4,649.30) shall be borne and paid by special assessment on all lands and premises in said 1999 Isabella Sanitary Sewer 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 ISABELLA SANITARY SEWER 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 improvement, computed as near as practicable on a front foot basis. (Motion adopted.)

 

99 Isabella Sanitary Sewer Special Assessment Roll The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Sanitary Sewer 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 ninth day of August, 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 ninth day of August, 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.)

Zoning Petition No. 444 James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 444 – zoning property northwest of the intersection of Isabella Street and Sandow Road to Residential A-1 and Business B-2. A public hearing was opened at 9:35 p.m., no comments were made, the hearing closed at 9:36 p.m. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1455

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 A BUSINESS B-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 245 feet North of the Southeast Section corner on the East line of Section 14, T14N, R1E, City of Midland, Midland County, Michigan; thence North along the East line of said Section 415 feet; thence West 410.76 feet; thence South 415 feet; thence East 410.76 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:

That property described as: Beginning at the Southeast Section corner of Section 14, T14N, R1E, City of Midland, Midland County, Michigan; thence North along the East Section line 245 feet; thence West 410.76 feet; thence South 245 feet to the South line of said Section; thence East along the South line of said Section 410.76 feet to the point of beginning;

be, and the same is hereby changed to a Business B-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. 445 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 445 – rezoning the northerly side of West Baker Street westerly of Ashman Street from Residential A-4 to Office Service 2. A public hearing was opened at 9:45 p.m. Jack Lee, from Dow-Howell-Gilmore-Associates, Inc., supported the rezoning. The hearing closed at 9:50 p.m. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1456

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 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 3 and 4 of Baker and Moss Addition,

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. (Ordinance adopted.)

 

98-99 Water Fund Budget Amendment Noel Bush, Director of Utilities, presented information on a proposed amendment to the 1998-99 Water Fund budget for repair and maintenance of an industrial system pump. A public hearing was opened at 9:54 p.m., no comments were made, the hearing closed at 9:55 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, on July 12, 1999 a public hearing was scheduled for 7:00 p.m., July 26, 1999 to consider amending the 1998-99 budget for the Water Fund to provide for the payment of costs and receipt of reimbursements from Dow and Dow Corning associated with the unanticipated repair and maintenance of an industrial system pump; and

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, July 26, 1999, on the proposal to amend the 1998-99 Water Fund budget to increase revenues from industrial water sales and to increase appropriations for Water Treatment Plant Maintenance- Industrial; now therefore

RESOLVED, that the 1998-99 Water Fund budget is hereby amended to increase revenues from industrial water sales by $33,100 and to increase appropriations for Water Treatment Plant Maintenance-Industrial by $33,100. (Motion adopted.)

PUBLIC COMMENTS Rod Nelson, 109 Evamar Drive, publicly expressed his thanks for the pleasant environment in Midland and its beautiful appreciation of design and maintenance of the City by the Manager, staff and hourly personnel. Mr. Nelson also commented on the contributions made by the Sensible Sewer Committee.

 

West Main Street Historic District Ordinance Amendment     Patricia Halm, City Attorney, presented information on the West Main Street Historic District Ordinance. The following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Coppage:

Ordinance No. 1457

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Section 5-136 of Article VII, of Chapter 5 thereof.

The City of Midland Ordains:

Section 1: Chapter 5, Article VII, Section 5-136 is hereby amended to read as follows:

Sec. 5-136. Historic district commission.

(a) To execute the purpose of this article, there is hereby created a commission to be called the City of Midland West Main Street Historic District Commission (HDC).

(b) The HDC shall consist of seven (7) members who shall be residents of the city. Moving from the City shall cause the member’s seat to become vacant. Each member shall be appointed by the city council for a three-year term of office; provided, however, that of the members first appointed, two (2) shall be appointed for a one-year term, two (2) shall be appointed for a two-year term, and three (3) shall be appointed for a three-year term. All first members shall be appointed within six (6) months after the effective date of this article. Thereafter, members shall be appointed before October 1 of the year of appointment and shall serve for a three-year term or until a successor is appointed. Vacancies shall be filled within sixty (60) calendar days and shall be for the remainder of the unexpired term.

c) At least two (2) members of the HDC shall be appointed from a list of citizens submitted by one (1) or more duly organized local historic preservation organizations. The HDC shall include one (1) member, if available, who is a graduate of an accredited school of architecture who has two (2) years of architectural experience or who is an architect duly registered in this state. In the event that a person having the desired architect qualifications is not available to serve as a member of the HDC, the City Council may appoint a person possessing those qualifications who is not a city resident to serve as a member of the HDC in an ex officio capacity. The term of this appointment shall be three (3) years or until such time that a successor is appointed or a qualified architect who is a city resident is appointed to the HDC.

d) A majority of the members of the HDC shall have a clearly demonstrated interest in or knowledge of historic preservation. If proposed members meet the requirements for appointment, it is desirable that a majority of the West Main Street Historic District members consist of residents and/or property owners in the district.

e) A member absent from four (4) consecutive regular meetings, or twenty-five (25) percent of such meetings in any fiscal year of the city, shall automatically be removed from HDC membership unless such absences are excused by the HDC and the reason therefore entered into the proceedings of the HDC.

f) The HDC shall elect from its membership a chairman and a vice chairman whose terms of office shall be determined by the HDC. The chairman shall preside over the HDC and shall have the right to vote. The vice chairman shall, in the case of the absence or disability of the chairman, perform the duties of the chairman.

g) The chief building official or his/her designated representative shall be an ex officio member without the right to vote and shall serve as secretary to the HDC. The secretary shall keep a record of all resolutions, proceedings, and actions of the HDC and shall provide minutes of the meetings to the city council.

h) The members of the HDC shall serve without compensation.

i) Pursuant to notice and after having been given an opportunity to be heard, a member of the HDC may be removed for cause by the city council.

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

 

Appointment – Historic District Commission The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, Karen Sherman, an architect who is not a resident of the City of Midland, was the only person to submit an application for the open architect position on the West Main Street Historic District Commission (the "Commission"); and

WHEREAS, while the West Main Street Historic District Ordinance does not require that an architect be appointed to the Commission, the City Council of the City of Midland determined that the Commission would benefit from having a member possessing this qualification; and

WHEREAS, given this determination, on May 17, 1999, pursuant to Section 2-240 of the Code of Ordinances, the City Council waived the residency requirement for the Commission and appointed Karen Sherman as the architect member; and

WHEREAS, it has since been determined that the Commission’s residency requirement is also a requirement of the state enabling legislation and as such cannot be waived; and

WHEREAS, the City Council has determined that in the event an architect who is a resident of the City of Midland is not available to serve on the Commission, a non-city resident who possesses the desired architect qualifications may be appointed to serve as an ex officio member; and

WHEREAS, the City Council has amended the West Main Street Historic District Ordinance to provide for said ex officio member; and

WHEREAS, Ms. Sherman has indicated her desire to serve on the Commission in said ex officio position; now therefore

RESOLVED, that the City Council of the City of Midland hereby rescinds its action of May 17, 1999 whereby Karen Sherman was appointed to the architect position on the Commission; and

RESOLVED FURTHER, that the City Council hereby appoints Ms. Sherman to the position of ex officio member of the Commission, said appointment to be effective upon publication of the amendment to the West Main Street Historic District Ordinance establishing said position. (Motion adopted.)

Zoning Text Amendment #136A James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Text Amendment No. 136A to amend Article XXIX – Supplementary Regulations, Section 29.4 Fences. The following resolution was then 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, August 23, 1999, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. __________

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE XXIX--SUPPLEMENTARY REGULATIONS, SECTION 29.4, FENCES.

The City of Midland Ordains:

Section 1. That Article XXIX--SUPPLEMENTARY REGULATIONS, Section 29.4, Fences, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended and shall read as follows:

ARTICLE XXIX--SUPPLEMENTARY REGULATIONS

Section 29.4 FENCES OR WALLS

(a) In any district, fences or walls located less than three (3) feet from a lot line shall not be greater than six (6) feet in height. SHALL BE NO MORE THAN THREE AND ONE-HALF (3 1/2) FEET IN HEIGHT WHEN LOCATED IN A REQUIRED FRONT YARD AND/OR REQUIRED SIDE STREET YARD.

(B) 3. No fence Iin any Residential Ddistrict, FENCES LOCATED IN OTHER THAN A REQUIRED FRONT YARD AND/OR REQUIRED SIDE STREET YARD, AND LOCATED BEHIND THE FRONT OF THE PRINCIPAL BUILDING shall NOT be GREATER more than three and one-half (3 1/2) SIX (6) feet in height when located in a required front yard LESS THAN THREE (3) FEET FROM A LOT LINE. No fence shall be more than three and one-half (3 1/2) feet in height when located in any required side street yard where vehicular street access is not restricted.

2. No fence in any district may be greater than twelve (12) feet in height when located more than three (3) feet from any lot line.

(C) 1. EXCEPTIONS:

1. Fences IN ANY LOCATION may be eight (8) feet in height for:

Public sSchools (CHAIN LINK OR SIMILAR STYLES ONLY).

Public pParks (CHAIN LINK OR SIMILAR STYLES ONLY).

NONRESIDENTIAL USES IN Agricultural, Business C, Industrial A, Industrial B, COMMUNITY or LCMR Districts.

Protective fences to enclose open storage yards and electrical or gas substations.

2. FENCES ALONG A LOT LINE ADJACENT TO AN EXPRESSWAY MAY BE TWELVE (12) FEET IN HEIGHT.

3. FENCES MAY BE SIX (6) FEET IN HEIGHT FOR RESIDENTIAL LOTS ADJACENT TO A STREET WHERE VEHICULAR ACCESS IS PROHIBITED BY OFFICIAL GOVERNMENTAL ACTION.

Double-fronting lots used for residential purposes when lot line is adjacent to an expressway.

Double-fronting lots used for residential purposes (applies only to the lot line adjacent to a street where vehicular access is prohibited.

Residential lot lines adjacent to major thoroughfares (side street yards and rear yards only, with no vehicular access).

(D) A building permit approving the proposed design, material, construction, height, and location specifications of any fence shall be obtained prior to the start of construction for any fence greater than six (6) feet in height.

(E) FenceS heights NOT LOCATED IN A VISION CLEARANCE AREA shall not exceed the permitted height when BE measured from the lowest GROUND elevation within four and one-half (4 1/2) feet, at right angles, on either side of the fence.

(F) The Zoning Board of Appeals, IN ACCORD WITH SECTION 34.5(d), may waive or modify GRANT SPECIAL APPROVAL TO PERMIT A FENCE THAT DOES NOT COMPLY WITH these requirements where, in its opinion, the public interest would not be served by their strict application. IT FINDS THAT A PROPOSED FENCE WILL NOT ADVERSELY AFFECT ANY OF THE FOLLOWING PUBLIC INTEREST ISSUES:

1. THE FENCE WILL NOT CREATE A SAFETY HAZARD FOR RESIDENTS OF THE PROPERTY, PEDESTRIANS, OR MOTORISTS.

2. THE FENCE WILL NOT IMPINGE ON NEIGHBORING PROPERTY RIGHTS. EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO, THE ADEQUATE SUPPLY OF AIR AND LIGHT, VISIBILITY, AND ADEQUATE SITE DRAINAGE.

3. THE FENCE WILL BE COMPATIBLE WITH THE CHARACTERISTICS OF THE NEIGHBORHOOD.

4. THE FENCE WILL NOT ADVERSELY AFFECT UNIQUE CHARACTERIS-TICS OF THE NEIGHBORHOOD.

A MAJORITY VOTE OF THE ZONING BOARD OF APPEALS IS REQUIRED TO GRANT A SPECIAL APPROVAL FOR A FENCE.

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.)

 

07/12/99 Fence Height Regulation Resolution Rescinded     The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, on July 16, 1999, the City Council referred the question of lack of fence height regulation in a required front yard to the Planning Commission; and

WHEREAS, on this date, the City Council gave first reading to an amendment to Section 29.4 of the Zoning Ordinance that resolves the question and as such it is no longer necessary for Planning Commission action; and

WHEREAS, the City Council has determined that a review of fence height limitations in all zoning districts should be completed and that the Planning Commission should complete such review and recommend changes to the zoning ordinance to accomplish its findings; now therefore

RESOLVED, that the City Council rescinds its action of July 12, 1999 whereby it directed the Planning Commission to the address the question of the lack of fence height regulation in a required front yard and instead directs the Planning Commission consider the issue of fence height limitations in all zoning districts and thereafter make the necessary recommendations for changes to the zoning ordinance. (Motion adopted.)

Site Plan No. 182 James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 182 - a 6083 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road. Terry McTaggart, President of the Forward Corporation, spoke in opposition to the restrictions placed on the site plan by the Planning Commission. Nancy Mieske, 1506 Iowa Street, was opposed to the opening on Walsh Street. Councilman Moolenaar moved, seconded by Councilman Wazbinski, to approve Site Plan No. 182. Further discussion on the matter resulted in the following resolution being offered by Councilman Coppage and seconded by Councilman Moolenaar to amend Site Plan No. 182:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 182, the request of Forward Corporation, for site plan review and approval of an 8,063 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road, conditioned upon the removal of the south entrance from Saginaw Road and the restriction of left-turning movements to and from East Patrick Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 182, 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 add an additional condition to the approval of Site Plan No. 182, that being the restriction Walsh Street traffic movement to southbound only, in and out. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Tysse Nays: Wazbinski)

A vote on the adoption of Site Plan No. 182 was not taken at this time.

 

Whitman Drive Abandonment Request The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that a request to abandon that part of Whitman Drive west of Atwell Street be referred to the City Planning Commission, City Engineer, Department of Public Services and Utilities Department for review and recommendation. (Motion adopted.)

 

99 MERS Annual Meeting Delegate Appointment    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that Robert Fisher be appointed delegate and Dennis Morgan be appointed alternate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held on September 29 and 30 and October 1, 1999. (Motion adopted.)

 

Washington Woods Energy Manager Upgrade  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, $31,000.00 has been budgeted in the 1999-00 Washington Woods Fund for the purpose of upgrading and making Year 2000 compliant the energy manager at Washington Woods; and

WHEREAS, the energy manager has proprietary software owned by Honeywell, Inc. thereby making it impossible for other vendors to do the required upgrade; now therefore

RESOLVED, that the requirement for competitive bids be waived and the Purchasing Agent be authorized to issue a purchase order to Honeywell Inc. in the amount of $30,693.00 for the necessary upgrade. (Motion adopted.)

 

Laughton Drive Easement Private to Public Street The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the attached Quit Claim Deed from Herbert H. and Lorraine Edwards, to the City of Midland, for the right of way of Laughton Drive, in Section 13, T. 14 N., R. 1 E., is hereby accepted and that the Quit Claim Deed is ordered recorded; and

RESOLVED FURTHER, that said right of way shall be used for public street purposes. (Motion adopted.)

Occupational Health Nurse The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland has designated the MidMichigan Urgent Care Center (formerly known as the MidMichigan Med Center) as its primary medical care facility for occupational health services; and

WHEREAS, the City has purchased additional occupational health nursing services from the Center since 1992; and

WHEREAS, it is recommended by the Human Resources staff to continue this relationship due to its positive impact on controlling Workers Compensation costs; and

WHEREAS, these services are deemed to be professional services in accordance with Section 2-19 of the Code of Ordinances, and do not require a competitive bid process; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to approve the purchase order to the MidMichigan Urgent Care Center for the services of an occupational health nurse at the rate of $28/hour for a maximum of 802 hours or $22,456 for fiscal year 1999-00. (Motion adopted.)

 

99 Midland Mall Forcemain Sewer; Contract No. 10     The following resolution was offered by Councilman Wazbinski 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 installation of a sanitary forcemain sewer north of Highway US-10 and along the Midland Mall access roadway from Eastman Avenue to Cinema Drive; and

WHEREAS, funding for this project is provided by the Wastewater Fund (Project Number SW9801); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1999 Midland Mall Forcemain Sewer; Contract No. 10", 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.)

 

99 Jefferson & Sugnet Road Reconstruction; Contract No. 21     The following resolution was offered by Councilman Wazbinski 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 Jefferson Avenue from Ashman to Wheeler and Sugnet Road from Jefferson to Washington; and

WHEREAS, funding for this project is provided by the Major Street Fund (Project No. MS0004); now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "1999 Jefferson & Sugnet Road Reconstruction; Contract No. 21", in the indicated amount of $342,876.75, 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.)

Carports – Service Center The following resolution was offered by Councilman Wazbinski 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 construction of three carports at the Municipal Service Center (Bid No. 2287); and

WHEREAS, funds for this construction have been encumbered from the FY 1998-99 Municipal Service Center Rental Fund budget for "Building and Additions," account number 641-9120-912.97-20; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $67,978.00 within the 1998-99 Service Center Rental Fund capital improvement budget, from Roof Replacement to Carports; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Mark Reisinger Builder of Freeland, Michigan in the total cost of $67,978.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposals and the City specifications. (Motion adopted.)

Garden Walk Directional Signs The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the request dated July 9, 1999, from the Midland Garden Council asking permission to place directional signs on the public right of way from 3:00 p.m. - 8:00 p.m. on Thursday, July 29, 1999, is hereby deemed to be of public or civic interest; now therefore

RESOLVED, that the City Council hereby grants permission to the Midland Garden Council to place directional signs on the public right of way in accord with Article I, Section 22-2 of the Code of Ordinances, subject to the following conditions:

The signs may only be placed for the time period indicated and must be removed by the organizers immediately following the event.

The signs must be placed as close to the sidewalk as possible and as far from the street’s edge as possible so as not to obstruct pedestrian or driver vision. On corner locations the signs must be placed a minimum of 20’ from the street corner.

To allow enough room for emergency vehicles to pass, parking will be limited to one side of the street only in the following areas:

Colony Street in the vicinity of Congress

Evamar & Siebert Streets in the vicinity of 1109 Evamar

Linden in the vicinity of 4410 Linden

Flaxmoor in the vicinity of Sturgeon Creek Parkway

Brambleridge in the vicinity of 4401 Brambleridge

Partridge in the vicinity of Brambleridge

The Engineering Department will drop off mini-sawhorses with No Parking signs attached to them the evening prior to the event. The event organizers will need to set up and remove the signs prior to and following the event.

(Motion adopted.)

Industrial District Sign Ordinance Jack Duso, Assistant City Manager, presented a resolution regarding an Industrial District Sign Ordinance Amendment that would refer the staff recommendation to amend dimension standards for industrial district signs to the Planning Commission. After a discussion, Council took no action on this item.

Zoning Petition No. 446 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 23, 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 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 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,

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. (Motion adopted. Considered first reading.)

 

98-99 Water Fund Budget Amendment (Cleanup Repairs) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted Monday, August 9, 1999, at 7:00 p.m., in the Council Chambers of City Hall on the proposal to amend the 1998-99 Water Fund budget to increase appropriations for Water Main Maintenance and Repairs to provide funding for costs associated with the increase in the number of water main breaks during Fiscal 1998-99, and the City Clerk shall give notice as provided in Sections 11.4 and 5.11 of the Charter of the City of Midland. (Motion adopted.)

 

98-99 Water Fund Budget Amendment (River Crossing)     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland Water Department has requested a Fiscal Year 1998-99 budget amendment in the amount of $272,594 to recognize the revenues and expenses associated with the installation of the Homer Township river crossing and water line; now therefore,

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted August 9, 1999, at 7:00 p.m. in the Council Chambers of City Hall on the proposed amendment of the 1998-99 Water Fund budget to increase revenues from Capital Charges by $272,594, and to increase appropriations for Investment In Assets for the Tittabawassee River Crossing by $272,594, and the City Clerk shall give notice as provided in Sections 11.4 and 5.11 of the Charter of the City of Midland. (Motion adopted.)

 

99-00 Washington Woods Fund Budget Amendment The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, August 9, 1999, in the Council Chambers of City Hall on the proposal to amend the 1999-00 Washington Woods Fund budget to increase revenue from Sale of Assets and the Sale of Laundry Tokens and increase appropriations for Laundry Contractor and Investment in Assets (Building and Additions – Dryer Conversion) and directs the City Clerk to give notice as provided in Section 11.4 and 5.11 of the Charter of the City of Midland. (Motion adopted.)

 

Joint Meeting – Historic District Commission Set a joint meeting with the Historic District Commission for August 23, 1999, at 5:45 p.m.

 

Proposed Reduction in CDBG Funding    The following resolution was offered by Councilman  Coppage and seconded by Councilman Tysse:

WHEREAS, it is understood that there are proposed reductions in the federal funding for the Community Development Block Grant Program; and

WHEREAS, the City of Midland has benefited from grants for the Community Development Block Grant Program; now therefore

RESOLVED, that a letter be sent to our legislators expressing our concerns about possible reductions in Community Development Block Grant funding. (Motion adopted.)

 

Agreements – Sale of Kroger and Hooks Drug Store Building     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

WHEREAS, pursuant to the Purchase Agreement, the Buyer is required to assume an agreement between the City and L.E. Thayer, Inc. ("Thayer Agreement"), dated July 12, 1993, with respect to the maintenance of and access to the parking facilities adjacent to the Krogers’ building, the former Hook’s Drug Store building, the soon to be constructed Rite Aid Building and the Law Enforcement Center; and

WHEREAS, pursuant to the Thayer Agreement, assignment of the rights and responsibilities pursuant to the Agreement may only occur with the written consent of the other party; and

WHEREAS, given that the ownership of the L.E. Thayer, Inc. property has changed, L.E. Thayer, Inc. is also in a position where it should assign its rights and obligations pursuant to that agreement to the current owner of the Thayer property and the City does not object to such an assignment; and

WHEREAS, there are several other issues to be resolved as a result of the sale of the Kroger and Hook’s Drug Store property, including but not limited to the maintenance of the common wall between the Law Enforcement Center and the Kroger building, water and sewer lines servicing the Kroger and Hook’s Drug Store building that are located on the Law Enforcement Center property, etc.; and

WHEREAS, an Easement Agreement has been negotiated with the Buyer concerning these remaining issues; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute an Assignment and Assumption of Agreement and an Easement Agreement, the format of each to be substantially equivalent to that of the attached documents and approved by the City Attorney. (Motion adopted.)

 

The meeting adjourned at 12:26 a.m.

 

Site Plan No. 182 Upon adjournment it was determined a final vote on Item No. 11, Site Plan No. 182 – a 6,083 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road, as amended, was not taken. The City Council immediately reconvened the meeting at 12:27 a.m. and called for a vote on the amended Site Plan No. 182. There was no further discussion on the site plan. The following amended resolution approving Site Plan No. 182 was then presented for a vote:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 182, the request of Forward Corporation, for site plan review and approval of an 8,063 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road, conditioned upon the removal of the south entrance from Saginaw Road and the restriction of left-turning movements to and from East Patrick Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 182, 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. 182, conditioned upon the removal of the south entrance from Saginaw Road, the restriction of left-turning movements to and from East Patrick Road, and the restriction of Walsh Street traffic movement to southbound only, in and out. (Motion adopted.)

Being no further business the meeting adjourned at 12:29 a.m.

 

_____________________________________

Penny K. Kovacevich, City Clerk