January 31, 2000

 

A regular meeting of the City Council was held on Monday, January 31, 2000, 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, Hollis McKeag, John Moolenaar, Marty Wazbinski

Councilmen absent: None

 

Minutes

Approval of the minutes of the January 10, 2000 regular and special meetings, two special meetings on January 17, 2000 and a special meeting on January 19, 2000 was offered by Councilman Wazbinski and seconded by Councilman Moolenaar.  (Motion adopted.)

 

Midland Area Homes 30th Anniversary

Al Kiley, Housing Director, introduced Sue Asher, Executive Director of Midland Area Homes.  Ms. Asher, Tom Staples, Linda Baker, Ron Graunke, Jeannie Phelps, Larry Brown, Barbara Rice and Greg Janoch, all members of Midland Area Homes, appeared before Council to accept a proclamation recognizing Midland Area Homes on its Thirtieth Anniversary.  The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation in recognition of Midland Area Homes on its Thirtieth Anniversary.  (Motion adopted.)

 

1999 Safety Program Progress Report

Gussie Peterson, Safety and Health Manager, presented the 1999 City Safety Program Progress Report.

 

Vacation of Burtless Street and Soper Street and Abandonment of Prentiss Street

James Schroeder, Director of Planning and Community Development, presented information on a request to vacate all of Burtless Street, Soper Street from Madison to Burch Street, and to abandon all of Prentiss Street.  A public hearing opened at 7:27 p.m., no comments were made, the hearing closed at 7:28 p.m.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the Midland City Council, acting upon the request of the Planning Commission to vacate all of Burtless Street, to vacate all of Soper Street from Madison Street to Burch Street, a part of the plat of Elmwood, as recorded in Liber A of Plats, Page 54, Midland County Records, and to abandon all of Prentiss Street, referred the matter to the Midland City Planning Commission, the City Engineer, the Department of Public Services, and the Utilities Department for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending approval of the request; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the request; and

WHEREAS, a report has been received from the Director of Public Utilities indicating no objection to the request; and

WHEREAS, a public hearing was held on January 31, 2000, to hear comments from interested parties; and

WHEREAS, it is hereby determined that such proposed action will not adversely affect the health, welfare, comfort, and safety of the people of the City of Midland, and is an action in the public interest; now therefore

RESOLVED, that lands described as all of Burtless Street and all of Soper Street from Madison Street to Burch Street are hereby vacated, discontinued, and abolished, and all of Prentiss Street is hereby abandoned, discontinued, and abolished; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion adopted.)

 

Amendment to 1999-2000 City Budgets

Debbie Mol, City Controller, presented material on budget amendments for various capital projects.  A public hearing opened at 7:30 p.m., no comments were made, the hearing closed at 7:31 p.m.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

 

WHEREAS, in accord with Section 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, January 31, 2000, on the proposal to amend certain of the City’s    1999-2000 budgets and financial working plans to recognize unanticipated revenues from construction refunds and provide additional appropriations for transfer to the capital projects funds; now therefore

RESOLVED, that the 1999-2000 budget of the General Fund, Major Street Maintenance Fund and the Local Street Maintenance Fund and the financial working plans of the Wastewater Fund and the Water Fund are hereby amended as follows:

 

Fund

Increase in Revenue From

Construction Refunds

Increase in Expenditures

For Outgoing Transfers

General

$ 12,900

$ 12,900

Major Street Maintenance

                   56,400

                   56,400

Local Street Maintenance

                     7,800

                     7,800

Wastewater

                     5,700

                     5,700

Water

                     7,800

                     7,800

(Motion adopted.)

 

Mason Loomis Industrial Electric, Inc. Industrial Facilities Exemption Certificate

Diane Dryzga, City Assessor, presented information on an application from Mason Loomis Industrial Electric, Inc. for an Industrial Facilities Exemption Certificate.  A public hearing opened at 7:34 p.m. Rodney Mason, President of Mason Loomis Industrial Electric, Inc. and Jenee Velasquez, Executive Director of Midland Economic Development Council, requested that Council consider the request favorably.  The hearing closed at 7:40 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, the Eastwick Industrial Park Industrial Development District was established by resolution of the Midland City Council on December 8, 1989; and

WHEREAS, Mason Loomis Industrial Electric, Inc. made an application dated October 11, 1999, which was received by the City Clerk on November 16, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $300,167.24, which is real property and with the same being located within the Eastwick Industrial Park Industrial Development District and this project is for the purpose of the manufacture, assembly and wiring of electrical control boxes for industrial applications; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on January 31, 2000, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

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

RESOLVED FURTHER, that if prior to the expiration of the certificate, the lease does not renew, Mason Loomis Industrial Electric, Inc., shall notify the City Council of the lease at which time the City Council will notify the State Tax Commission that said renewal no longer exists; and

RESOLVED FURTHER, if said lease is not renewed, the City Council will inform the State Tax Commission that the Industrial Facilities Exemption Certificate should be terminated as it relates to that portion of the certificate; and

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

 

Demolition Order for Buildings Located at 6318 W. Wackerly Street

Daniel Hargarten, Fire Chief, presented information regarding the demolition of the buildings at 6318 West Wackerly Street.  A public hearing to show cause concerning the abatement of the dangerous buildings located at 6318 W. Wackerly Street opened at 7:46 p.m., no one from the public appeared with comments.  Fire Chief Hargarten gave a brief overview of the procedures regarding demolition of unsafe structures.  The hearing closed at 7:54 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Moolenaar:

 

WHEREAS, vacant and unsecured buildings located at 6318 West Wackerly Street, Midland, Michigan, have been deemed dangerous and unsafe as defined in Chapter 5 BUILDINGS AND BUILDING REGULATIONS, of the Code of Ordinances of the City of Midland, specifically Section 5-26, by the Hearings Officer appointed by the City Council; and

WHEREAS, the Hearings Officer Finding of Fact and Order has been delivered by certified mail, return receipt request, as prescribed in Section 5-26 of the Code of Ordinances of the City of Midland, to owner of said property; and

WHEREAS, the prescribed time period stated in said mailed notice requiring the owner’s compliance in abating these dangerous and unsafe buildings by repair or demolition has expired, and no action has occurred; and

WHEREAS, a prescribed process is established in Section 5-26 of the Code of Ordinances of the City of Midland for the City Council to act should the owner of said property neglect to comply with the Finding of Fact and Order; and

WHEREAS, that the City Council has conducted a Public Hearing to review the Finding of Fact and Order, and for the owner of said property to show cause why the buildings should not be demolished; now therefore

RESOLVED, that in accord with Section 5-26(b) of the Code of Ordinances, the City Council hereby approves the order of the hearing officer to demolish the structures located at 6318 W. Wackerly Street; and

RESOLVED FURTHER, that the Chief Building Official is hereby authorized and directed to immediately take the necessary steps in accord with Article II of Chapter 2 of the Code of Ordinances to cause the demolition of structures at 6318 W. Wackerly Street and recover all associated expenses in accord with Section 5-26(c) of the Code of Ordinances.  (Motion adopted.)

 

2000-01 Council Budget Priorities

Robert Fisher, Director of Fiscal Services, presented information regarding the proposed 2000-01 Council Budget Priorities.  A public hearing was opened at 8:11 p.m.  Charles Hepenstal, 1317 North Parkway, voiced concern over the proposed fire station relocation project.  Mr. Hepenstal suggested Council find ways to fund the relocation internally.  The hearing closed at 8:16 p.m.  After discussion, Council requested that capital spending and open drain maintenance not be reduced, the proposed fire station relocation/replacement continue to be considered at this time, and that additional funds on hand should be used for capital projects not recurring expenses.

 

PUBLIC COMMENTS

Charles Hepenstal, 1317 North Parkway, urged citizens to vote for the City of Midland Sanitary Sewer Proposal on the February 22, 2000 ballot and commented on the article in the Midland Daily News on January 31, 2000, regarding restricted access to internet access on library computers.

Timothy Cohoon, 207 E. Hines, spoke regarding damage caused by the City of Midland during the removal of an artificial snowman in violation of the Code of Ordinances.

 

Site Plan No. 187

James Schroeder, Director of Planning and Community Development, presented material on Site Plan No. 187, which would approve a site plan for a 6,083 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 Forward Corporation, stated he concurred with the resolution and requested that the City of Midland consider paying a portion of the reconstruction on Patrick and S. Saginaw Road, if not, the Forward Corporation would pick up 100% of the cost of reconstruction.  Nancy Mieske, 1506 Iowa, voiced concern over the traffic pattern on Walsh Street.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 187, the request of Forward Corporation for site plan review and approval of a 6,083 square foot gas station, C-store, and Burger King on 1.5 acres at 2029 South Saginaw Road (the northeast corner of South Saginaw Road and East Patrick Road), conditioned upon the elimination of the access drive to Walsh Street; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 187, 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. 187, in accord with the drawing dated as received January 27, 2000, and conditioned upon the developer’s commitment to finance the construction of the additional lane to accommodate his request for additional access to the site; and

RESOLVED FURTHER, that this approval is also conditioned upon approval by the City’s Traffic Engineer, Mr. Cool, of the plans as they pertain to the design of the lanes on East Patrick Road east of Walsh Street and west of South Saginaw Road.  (Motion adopted.)

 

2000-01 Construction Project Priorities List

Brian McManus, City Engineer, presented information on the 2000-2001 Construction Project Priorities List.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2000-2001 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; and

WHEREAS, City Council approved said proposed construction project listing for 2000-2001 and directed the administration to include funding requests for the proposed projects in the 2000-2001 budget; now therefore

RESOLVED, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion adopted.)

 

City of Midland Auditing Services

Robert Fisher, Director of Fiscal Services, presented information on the proposed reappointment of the public accounting firm of Plante and Moran, L.L.P. to provide auditing services for the City for the next three fiscal years.  Bruce Berand, Partner of Plante & Moran, L.L.P. spoke briefly about his company.  Council agreed that in the future they would like a pre-audit meeting to discuss issues in the audit product.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that independent auditing services are determined to be professional services within the purview of Section 2-19 of the Midland Code of Ordinances and, as such, do not require sealed competitive bids; and

RESOLVED FURTHER, that the public accounting firm of Plante and Moran, L.L.P. is hereby reappointed as the City’s independent auditors for the fiscal years ended June 30, 2000, 2001 and 2002, at a total fee of not to exceed $39,500 for the first year, with increases for the following two years to be limited to the Proposal A taxable value increase factor or three percent, whichever is less.  (Motion adopted.)

 

Bank One, Michigan Governmental Operating Money Market Fund Trust Agreement

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

 

WHEREAS, City of Midland Ordinance No. 1462 provides for the establishment of separate depositary accounts with the financial institution appointed as paying agent for the City’s Series 2000 Water System Revenue Refunding Bonds, for the purpose of setting aside monies to guarantee payment of principal and interest on said Bonds; now therefore

RESOLVED, that the Trust Agreement Relating to Participation in the Bank One Michigan Governmental Operating Money Market Fund is hereby approved and the Mayor and City Clerk are hereby authorized to execute the same; and

RESOLVED FURTHER, that establishment of the Bond and Interest Redemption Fund and the Bond Reserve Account within the purview of said Trust Agreement, as required by Ordinance 1462, is hereby approved.  (Motion adopted.)

 

Midland County Child Protection Council, Inc. – Non-profit Organization

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

 

RESOLVED, that the request from Midland County Child Protection Council, Inc. of the City of Midland, County of Midland, asking that they be recognized as a nonprofit organization in the community for the purpose of obtaining a gaming license or registration be consider for approval.  (Motion adopted.)

 

Consent/Assumption Agreement – Telecommunications License Agreement

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

 

WHEREAS, the City of Midland owns and controls public rights-of-ways, easements and public places, and may grant permission for use of such public rights-of-ways pursuant to the Michigan Constitution of 1963; and

WHEREAS, the City entered into a Telecommunications Permit Agreement with BRE Communications, Inc. d/b/a Phone Michigan, dated August 24, 1997; and

WHEREAS, the City previously approved an assignment of the Agreement and all the rights and obligations thereunder to BRE Communications, L.L.C. (“BRE”); and

WHEREAS, BRE requested the City’s approval of a change of ownership and control of BRE, its telecommunications system, and the Agreement in connection with a sale to Ovation Communications, Inc. (“Ovation”) whereby BRE became a wholly-owned subsidiary of Ovation (“First Transaction”); and

WHEREAS, special counsel for the City requested BRE and Ovation to provide information regarding the First Transaction and Ovation’s abilities and qualifications; and

WHEREAS, BRE and Ovation provided the information requested by the City’s special counsel; and

WHEREAS, the City’s special counsel reviewed BRE’s request to assign the Agreement and BRE’s and Ovation’s responses to the requests for information; and

WHEREAS, subsequent to the First Transaction, McLeodUSA Incorporated (“McLeod”) acquired one hundred percent (100%) of the stock of Ovation effective as of March 31, 1999 and thereby acquired all of the Ovation subsidiaries, including BRE (“Second Transaction”); and

WHEREAS, McLeod provided information to the City regarding the Second Transaction and McLeod’s abilities and qualifications; and

WHEREAS, the City Council has decided it is in the best interest of the City and its citizens to approve the requested changes in ownership and control subject to the terms and conditions of the attached Consent/Assumption Agreement; now therefore

RESOLVED, that the attached Consent/Assumption Agreement be adopted by the City of Midland; and

RESOLVED FURTHER, that the City approves of the change of control and ownership from BRE Communications, L.L.C. to Ovation Communications, Inc. and of the change of control and ownership from Ovation Communications, Inc. to McLeodUSA Incorporated, subject to the terms and conditions of the attached Consent/Assumption Agreement; and

RESOLVED FURTHER, that this Resolution and the consents granted hereby are based upon the information and materials provided by BRE, Ovation and McLeod to the City and its representatives; and

RESOLVED FURTHER, that the Mayor and the City Clerk are authorized and directed to execute the attached Consent/Assumption Agreement; now therefore

RESOLVED FURTHER, that in accord with the attached Consent/Assumption Agreement, the Director of Fiscal Services is hereby authorized and directed to submit an invoice to McLeodUSA Incorporated for all of the City’s legal fees, costs and expenses associated with the review of the First Transaction and Second Transaction.  (Motion adopted.)

 

Gift – Digital Camera for Police Department

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

 

WHEREAS, the City of Midland Police Department Detective Unit has a need for a digital camera in order to assist in criminal investigations; and

WHEREAS, Meijer, Inc. has awarded a $500.00 grant to the Midland Police Department for the purchase of a digital camera in order to assist the Detective Unit with their investigations; now therefore

RESOLVED, that the City of Midland graciously accepts the grant from Meijer, Inc.; and

RESOLVED FURTHER, that the City Administration is hereby authorized to allow the Midland Police Department to purchase the digital camera.  (Motion adopted.)

 

West Main Street Historic District Commission Appointment

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

 

WHEREAS, the City Council created the West Main Street Historic District Commission to consist of seven (7) members, of which one member, if available, is to be an architect duly registered in the state; and

WHEREAS, there currently exists a vacancy of the architect representative created when Kevin Guigou decided not to seek reappointment; now therefore

RESOLVED, that Max Frederick is hereby appointed to fill the vacancy with said term expiring June 30, 2002.  (Motion adopted.)

 

Midland County Central Dispatch Authority Board Appointment

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

 

RESOLVED, that John E. Duso is hereby appointed to the Midland County Central Dispatch Authority Board for a term of four years beginning February 1, 2000.  (Motion adopted.)

 

Traffic Control Order No. D-99-02

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

 

RESOLVED, that Traffic Control Order No. D-99-02 filed November 12, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That traffic control at the intersection of Waldo Avenue and Wheeler Street be regulated by an electronic traffic signal that operates on full color from 6:00 a.m. to 11:00 p.m. daily, and on four way flash from 11:00 p.m. to 6:00 a.m.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. R-99-03

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

 

RESOLVED, that Traffic Control Order No. R-99-03 filed November 2, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Ellsworth Street between Ashman Street and Cronkright Street shall be designated as a three lane street with a center left turn lane.

is hereby made permanent.  (Motion adopted.)

 

Hazard Mitigation Plan

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

 

WHEREAS, the City of Midland, Michigan has experienced repetitive disasters that have damaged commercial, residential and public properties, displaced citizens and businesses, and closed streets dividing the community both physically and emotionally, and presented general public health and safety concerns; and

WHEREAS, a Hazard Mitigation Plan has been prepared that outlines the community's options to reduce overall damage and impact from natural and technological hazards; and

WHEREAS, the Hazard Mitigation Plan is available for review by community residents, business owners, and federal, state and local agencies; now therefore

RESOLVED, that:

1.                  The Hazard Mitigation Plan is hereby adopted as an official plan of the City of Midland, Michigan.

2.                  A Hazard Mitigation Planning Committee is hereby established as a permanent community advisory body.  The group's duties shall be as designated in the Hazard Mitigation Plan.  Members of this committee shall be the Midland City Fire Chief, Midland City Police Chief, Planning Director, Utilities Director, City Engineer, Midland County Emergency Services Director, Midland County American Red Cross Director, and one representative each from the Dow Chemical Company and Dow Corning Corporation's Emergency Preparedness teams.

3.                  The Midland City Fire Chief is charged with supervising the implementation of the Plan's recommendations within the funding limitations as provided by the Midland City Council.

4.                  The Midland City Fire Chief shall convene the hazard mitigation planning group at least annually.  The planning committee shall monitor implementation of the plan and shall submit a written progress report to the Midland City Council.  (Motion adopted.)

 

Supporting Efforts – Ground Level Ozone Standards

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

 

WHEREAS, a plan by the United States Environmental Protection Agency (EPA) to promulgate and enforce a new, "eight-hour" federal Clean Air Act standard for ground-level ozone was struck down by the U.S. Court of Appeals in May, 1999; and

WHEREAS, the EPA has proposed to revert to the previous "one-hour" federal Clean Air Act standard for ground-level ozone and use air quality monitoring data from 1997 to reinstate attainment designations and classifications from that year; and

WHEREAS, the EPA's decision to use outdated monitoring data to set attainment standards ignores more recent air quality monitoring data showing air quality gains that have been made across the state in the past three years; and

WHEREAS, the EPA's reinstatement of both the one-hour ozone standard and the 1997 attainment designations could place six, densely populated Michigan counties into a designation of "nonattainment" with Clean Air Act standards for ground-level ozone; and

WHEREAS, the EPA's decision to use outdated air quality monitoring data to designate nonattainment status in the six counties could curtail economic growth and cancel federally funded transportation projects in the six counties and the municipalities within those counties; and

WHEREAS, the City of Midland, together with the Michigan Department of Environmental Quality and the Michigan Municipal League believes that a national ozone standard is necessary and supports reinstatement of the of the one-hour ozone standard using the most-recent air quality monitoring data.

NOW, THEREFORE BE IT RESOLVED that the Midland City Council strongly supports the efforts of the members of Michigan's Congressional delegation and Michigan's United States Senators to meet with U.S. EPA officials and urge them to utilize the most recent air quality monitoring data to set attainment designations for Michigan counties; and

BE IT FURTHER RESOLVED that the City Clerk is directed to transmit true copies of this resolution to U.S. Representative Dave Camp, U.S. Senators Carl Levin and Spencer Abraham, State Representative Tony Stamas, State Senator Bill Schuette, and the Lansing office of the Michigan Municipal League.  (Motion adopted.)

 

Payment – Contracted Appraisal Services for Dow Chemical Company Tax Appeal

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

 

WHEREAS, the Dow Chemical Company appealed the 1997, 1998 and 1999 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, a portion of said appeal included the 1997, 1998 and 1999 assessment and taxable values of certain personal property owned by the Dow Chemical Company and known as “Comdisco”; and

WHEREAS, the appraisal firm of Epps, Antonishen and Walworth, P.C. has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

WHEREAS, funding for said expenditure is available in the 1999-2000 General Fund budget for tax appeal defense costs; now therefore

RESOLVED, that payment to the appraisal firm of Epps, Antonishen & Walworth, P.C. for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $35,000.  (Motion adopted.)

 

Purchase – Two Brush Chippers

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of two brush chippers; and

WHEREAS, three bids were submitted for two brush chippers and performance and safety evaluations were performed on this equipment; and

WHEREAS, funding for the purchase of two brush chippers for the amount of $25,000.00 is included in the 1999-2000 Equipment Revolving Fund budget for Capital Outlay, “Equipment,” and the City staff recommends the purchase of two brush chippers at a net cost of $23,500.00 after trade; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Michigan Cat of Saginaw Michigan, in the net amount of $23,500.00 minus trade for the purchase of a 1999 Morbark 2100-D chipper and a 1999 Morbark 2070 PTO chipper.  (Motion adopted.)

 

Zoning Petition No. 451

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, February 28, 2000, 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-4 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 Northeast corner of the Northeast Quarter of the Southeast Quarter of Section 23, T14N, R2E, City of Midland, Midland County, Michigan, and running thence South on the East line of  said Section 14 rods to the Place of Beginning; thence running West and at right angles with the said Section line 140 feet; thence South and parallel with said East Section line 99 feet; thence East and at right angles with the last line 140 feet to the East Section line; thence North on said East Section line 99 feet to the Place of Beginning,

     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.)

 

Zoning Petition No. 452

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, February 28, 2000, 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 BUSINESS B-1 ZONING CLASSIFICATION WHERE OFFICE-SERVICE 2 ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as:  The Southeasterly 25 feet of Lots 4 and 5, Block 5, Carpenter and Hines Addition to the City of Midland,  

     be, and the same is hereby changed to a Business B-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.)

 

Zoning Text Amendment No. 137A

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, February 28, 2000, 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 II—CONSTRUCTION OF LANGUAGE AND DEFINITIONS, SECTION 2.1, DEFINITIONS, TO ADD THE DEFINITION OF BANQUET AND CONFERENCE/MEETING FACILITIES; ARTICLE XV—BUSINESS B-1, TO ADD BANQUET AND CONFERENCE/MEETING FACILITIES AS PERMITTED USES; BY AMENDING ARTICLE XI—COMMUNITY DISTRICT, SECTION 11.2, TO MODIFY SETBACK REQUIREMENTS, AND BY AMENDING ARTICLE XXXIII—ADMINISTRATION AND ENFORCEMENT, SECTION 33.3(A), TO MODIFY REQUIREMENTS FOR CERTIFICATES OF OCCUPANCY.

The City of Midland Ordains:

Section 1.  That ARTICLE II—CONSTRUCTION OF LANGUAGE AND DEFINITIONS, Section 2.1, ARTICLE XV—BUSINESS B-1, ARTICLE XI—COMMUNITY DISTRICT, Section 11.2, ARTICLE XXXIII—ADMINISTRATION AND ENFORCEMENT, Section 33.3(a), of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended as follows:

ARTICLE II--CONSTRUCTION OF LANGUAGE AND DEFINITIONS

Section 2.1  DEFINITIONS

(5a)       BANQUET AND CONFERENCE/MEETING FACILITIES:  BUILDINGS OR FACILITIES USED TO CONDUCT BANQUETS, MEETINGS OR CONFERENCES, WHICH ARE NOT A RESTAURANT, BUT WHERE, FOR PURPOSES OF EVENTS WHICH TAKE PLACE THERE, FOOD AND BEVERAGES MAY BE SERVED.

ARTICLE XV—BUSINESS “B-1” DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 15.1  USE REGULATION

Within any Business “B-1” District, no building, structure, or premises shall be hereafter used, erected, converted or altered externally, in whole or in part, unless otherwise provided in this Ordinance, for any other than one or more of the following specified uses.

(a)  Permitted principal uses and buildings.

1.      Multiple-family dwellings and dwelling units on upper floors above business establishments.

2.      Churches.

3.      Educational institutions and establishments.

4.      Clubs and lodges.

5.      Parks.

6.      Any retail establishment whose principal activity is the sale of merchandise in an enclosed building, excepting automobile sales, tire and muffler sales and service, and trailer sales of all types.

7.      Gasoline service stations.

8.      Offices and clinics.

9.      Banks and financial establishments.

10.  Dental, medical and optical laboratories.

11.  Radio and television studios.

12.  Restaurants.

13.  Fast-food, carry-out restaurants.

14.  Personal service establishments.

15.  Business service establishments.

16.  Repair service establishments limited to:  radio, television, small  appliances, watch, upholsterer, shoe repair, furniture repair.

17.  Funeral homes.

18.  Music studios.

19.  Art studios.

20.  Commercial amusements conducted entirely within a building.

21.  Theaters, except drive-in.

22.  Hotels and motels.

23.  Parking lots and structures.

24.  Public utility facilities, without storage yards, when the operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.

25.  Fire stations.

26.  Pet shops, including small animal grooming.

27.  Activity centers for the handicapped.

28.  Broadcast transmitting tower.

29.  Health clubs and spas.

30.  Governmental administration offices.

31.  Nursery schools.

32.  Housing for the elderly.

33.  Rooming houses.

34.  BANQUET AND CONFERENCE/MEETING FACILITIES.

ARTICLE XI--COMMUNITY DISTRICT USE, AREA,

HEIGHT AND PLACEMENT REGULATION

Section 11.2  AREA, HEIGHT AND PLACEMENT REGULATION

        (a)         Maximum height:  None, except any structure in excess of twenty-eight (28) feet in height, all yards shall be equal to at least the height of the structure.  Where a lot abuts a street, one-half the width of the right-of-way may be considered yard setback but in no case less than twenty-five (25) feet, and when abutting any Residential "A" District, said yards abutting said district shall not be less than one and one-half (1 1/2) times the height of the structure.

(b)         Minimum lot area – none TWELVE THOUSAND (12,000) SQUARE FEET.

(c)         Minimum yards:

1.      Front yard - same as the most restrictive abutting district A MINIMUM OF THIRTY (30) FEET.

2.      Side and rear yards - none, except when abutting any district other than a business or industrial district, A MINIMUM OF fifty (50) feet WHEN ABUTTING A RESIDENTIAL DISTRICT, AND A MINIMUM OF TWENTY-FIVE (25) FEET WHEN ABUTTING ANY DISTRICT OTHER THAN A RESIDENTIAL DISTRICT.

3.      Corner lot - least width from side street lot line shall be the same as required by the most restrictive abutting district.  SIDE STREET YARD – A MINIMUM OF THIRTY (30) FEET.

(d)         Minimum lot width – none ONE HUNDRED (100) FEET.

ARTICLE XXXIII—ADMINISTRATION AND ENFORCEMENT

Section 33.3  CERTIFICATES OF OCCUPANCY

(a)   No building, structure or zoning lot shall be used or occupied until the Building Official has, after final inspection, issued a Certificate of Occupancy indicating compliance with all the provisions of this Ordinance and all other applicable codes and ordinances of the City of Midland. 

       EXCEPTION:  This requirement shall not apply to one- and two-family structures.  However, the issuance of a Certificate of Occupancy shall in no case be construed as waiving any provision of this Ordinance.

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.)

 

Proposed 1999-2000 Storm Water Management Fund Budget Amendment

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 at 7:00 p.m. on Monday, February 14, 2000, in the Council Chambers of City Hall on the proposal to amend the 1999-00 Storm Water Management Fund budget to increase revenues from a FEMA (Federal Emergency Management Agency) grant by $375,000 and to increase appropriations for the Storm Water Management Fund - Open Drain Maintenance by $375,000.  (Motion adopted.)

 

City Attorney Employment Agreement

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

 

WHEREAS, the City Council and the City of Midland desires to employ the services of James O. Branson, III, as City Attorney of the City of Midland; and

WHEREAS, Branson desires to perform said services; and

WHEREAS, the parties have negotiated the attached Employment Contact; now therefore

RESOLVED, that the City Council hereby appoints James O. Branson, III, to the position of City Attorney; and

RESOLVED FURTHER, that City Council hereby approves the attached Employment Agreement and authorizes the Mayor and City Clerk to execute the same.  (Motion adopted.)

 

NEW BUSINESS

Council set the date of February 10, 2000, at 3:30 p.m. to hold a special meeting for the City Manager’s annual review.  Karl Tomion, City Manager, requested that the review be held in a closed session.

 

Being no further business the meeting adjourned at 9:35 p.m.

 

 

                        _____________________________________

                        Penny K. Kovacevich, City Clerk