February 28, 2000

 

A regular meeting of the City Council was held on Monday, February 28, 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 February 14, 2000 regular meeting was offered by Councilman Coppage and seconded by Councilman Wazbinski.  (Motion adopted.)

 

American Red Cross Month

Selina Tisdale, Community Relations Coordinator, introduced Rod Wagner, Executive Director of the American Red Cross, who spoke in support of the programs promoted by the American Red Cross.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March as American Red Cross Month in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Rod Wagner.

 

Parenting Awareness Month

Selina Tisdale, Community Relations Coordinator, introduced Chris Walter, Parent Resources and Safe & Drug-Free Schools Coordinator from Midland County Educational Service Agency, who spoke in support of Parenting Awareness in the City of Midland.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March as Parenting Awareness Month in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Chris Walter.

 

1999 Police Officer of the Year Recognition

James St. Louis, Police Chief, introduced and commended Lieutenant Carmine Prinzo for his selection by the Midland Exchange Club as their 1999 Esther and Carl Gerstacker Police Officer of the year recipient.  Mayor Black presented Lieutenant Prinzo with a plaque recognizing his achievement of excellence in public safety.

 

Zoning Petition No. 451

Note:  With Council’s permission, Mayor Black postponed action on this item until after agenda item no. 8 was completed. 

James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 451 which would rezone property on the west side of Waldo Avenue south of Bay City Road from Residential A-4 to Office-Service 2.  A public hearing was opened at 8:00 p.m.  Julie Keil, 925 E. Wheeler, Attorney for John Rapanos, spoke in favor of the approval of Zoning Petition No. 451.  Michael Misze, 419 Waldo Avenue, objected to Zoning Petition No. 451.  The hearing closed at 8:14 p.m.  The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

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; and

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

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

 

Zoning Petition No. 452

James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 452 which would rezone property between Buttles and Ellsworth Streets northwesterly of Jerome Street from Office-Service 2 to Business B-1.  A public hearing was opened at 7:22 p.m.  Jenee Velasquez, Executive Director of the Midland Economic Development Council and John Winchester from First United Methodist Church, spoke in support of Zoning Petition No. 452.  The hearing closed at 7:31 p.m.  The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman McKeag:

 

ORDINANCE NO. 1466

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.  (Ordinance adopted.)

 

Zoning Text Amendment 137A

James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Text Amendment 137A.  A public hearing was opened at 7:37 p.m., no comments were made, the hearing closed at 7:38 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

ORDINANCE NO. 1467

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 – twelve thousand (12,000) square feet.

(c)         Minimum yards:

1.      Front yard - a minimum of thirty (30) feet.

2.      Side and rear yards – 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.      Side street yard – a minimum of thirty (30) feet.

(d)         Minimum lot width – 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. 

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.)

 

Expanded Tri-City Plastics, Inc. Industrial Development District No. 1

Diane Dryzga, City Assessor, presented information on a request to expand Tri-City Plastics, Inc. Industrial Development District No. 1.  A public hearing was opened at 7:41 p.m.  James Geisler, 5813 Sturgeon Avenue, owner of said property and Christine Greve, Product Manager of Midland Economic Development Council, supported approval of the request.  The hearing closed at 7:46 p.m.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, Geisler Enterprises, Inc. as owner of the industrial property on Third Street between E. Grove and E. Pine Streets in Section 21 of the City of Midland, by letter dated January 21, 2000 and received by the City Clerk on January 31, 2000, requested it be designated an expanded Industrial Development District with the proposed district being described as follows:

            Block 136, 137 and vacated Fourth Street from East Pine Street to East Grove, all

            in Larkin Addition, a recorded plat in Liber A, Page 26 of Plats, Midland County Records.

; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on February 28, 2000, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of Geisler Enterprises, Inc. for the establishment of this Expanded Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as The Expanded Tri-City Plastics, Inc. Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Michigan Electrical Code Ordinance – First Reading

Dan Hargarten, Fire Chief, presented material on a first reading of an ordinance to amend Chapter 7, the City of Midland Electrical Code.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTINS 7-30 AND 7-31 AND ADDING SECTIONS 7-32 AND 7-33 OF ARTICLE IV OF CHAPTER 7 THEREOF.

The City of Midland Ordains:

Section 1.  Sections 7-30 and 7-31 are hereby amended and Sections 7-32 and 7-33 are hereby added to read as follows:

Sec. 7-30.  1987 National Electrical Code MICHIGAN ELECTRICAL CODE adopted.

            The 1993 edition of the National Electrical Code (NFPA 70 1993) adopted by the National Fire Protection Association, Inc., on May 21st at its 1993 annual meeting, MICHIGAN ELECTRICAL CODE, UPDATED DECEMBER 6, 1999, a complete copy of which is made available to the public at ON FILE IN the office of the city clerk, in compliance with state law requiring that records of public bodies be made available to the general public, is hereby adopted as the city electrical code and is hereby made a part of this chapter as if fully set out herein, AND AS MAY BE AMENDED IN THE FUTURE.

Sec. 7-31.  Prosecution previous to effective date.

            Any prosecution arising from a violation of any ordinance or section of an ordinance repealed or amended in this article, which prosecution may be pending on July 1, 1993 MARCH 15, 2000, or any prosecution which may be started within one year after July 1, 1993 MARCH 15, 2000, in consequence of any violation of any ordinance or section of an ordinance repealed or amended in this chapter, which violation was committed previous to July 1, 1993 MARCH 15, 2000, shall be tried and determined exactly as if such ordinance or section of an ordinance had not been repealed or amended.

SEC. 7-32  SEVERABILITY.

            ANY AND ALL SECTIONS, TERMS, PROVISIONS AND/OR CLAUSES HEREIN SHALL BE DEEMED INDEPENDENT AND SEVERABLE.  SHOULD ANY COURT OF COMPETENT JURISDICTION HOLD ANY SECTION, TERM OR PROVISION OR CLAUSE VOID AND/OR INVALID, ALL REMAINING SECTIONS, TERMS, PROVISIONS AND/OR CLAUSES NOT HELD VOID AND/OR INVALID SHALL CONTINUE IN FORCE AND EFFECT.

           SEC. 7-33.  PENALTIES

(A)      ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS CODE HEREBY ADOPTED OR FAIL TO COMPLY HEREWITH, OR WHO SHALL VIOLATE OR FAIL TO COMPLY WITH ANY ORDER MADE THEREUNDER, OR WHO SHALL BUILD IN VIOLATION OF ANY DETAILED STATEMENT OF SPECIFICATIONS OR PLANS SUBMITTED AND APPROVED THEREUNDER, OR ANY CERTIFICATE OR PERMIT ISSUED THEREUNDER, AND FROM WHICH NO APPEAL HAS BEEN TAKEN, OR WHO SHALL FAIL TO COMPLY WITH SUCH AN ORDER AS AFFIRMED OR MODIFIED BY THE BOARD OF APPEALS OR BY A COURT OF COMPETENT JURISDICTION WITHIN THE TIME FIXED HEREIN SHALL SEVERALLY FOR EACH AND EVERY SUCH VIOLATION AND NONCOMPLIANCE RESPECTIVELY, BE RESPONSIBLE FOR A MUNICIPAL CIVIL INFRACTION.  UPON CONVICTION OF SUCH VIOLATION, SUCH PERSON SHALL BE PUNISHED AS PROVIDED IN CHAPTER 34 AND FINED ACCORDING TO SECTION 21-101 OF CHAPTER 21 OF THE MIDLAND CODE OF ORDINANCES.  THE IMPOSITION OF ONE MUNICIPAL CIVIL INFRACTION FINE FOR ANY VIOLATION SHALL NOT EXCUSE THE VIOLATION OR PERMIT IT TO CONITINUE AND ALL SUCH PERSONS SHALL BE REQUIRED TO CORRECT OR REMEDY SUCH VIOLATIONS OR DEFECTS WITHIN A REASONABLE TIME.  WHEN NOT OTHERWISE SPECIFIED, EACH TEN (10) DAYS THAT PROHIBITED CONDITIONS CONTINUE SHALL CONSTITUTE A SEPARATE OFFENSE.

(B)     THE APPLICATION OF THE ABOVE FINE SHALL NOT BE HELD TO PREVENT THE ENFORCED REMOVAL OF PROHIBITED CONDITIONS.

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

Section 3.  This Ordinance shall become effective at 12:01 a.m. on March 15, 2000.  (Motion adopted.  Considered first reading.)

 

Notice of Intent to Administer and Enforce the State Codes

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the “Notice of Intent to Administer and Enforce the State Codes and forward same to the Department of Consumer and Industry Services, Bureau of Construction Codes.  (Motion adopted.)

 

Ballot Proposal Sanitary and Storm Sewer Engineering Services

Noel Bush, Director of Utilities, presented material that, if approved, would allow Utilities to request proposals for design engineering services and value engineering services of the design of the sanitary sewer system.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

 

WHEREAS, at its December 13, 1999 meeting the City Council adopted a resolution establishing various commitments that it would proceed to implement should the February 22, 2000 sanitary sewer ballot proposal be approved; and

WHEREAS, that ballot proposal was approved by an overwhelming majority of Midland voters; and

WHEREAS, the City administration has, in the attached report, outlined various recommendations that, if adopted by the City Council, would immediately implement several of the commitments made by the City Council; now therefore

RESOLVED, that the City Manager is hereby authorized and directed to:

1)      Request proposals for design engineering services for the voter approved sanitary sewer system improvements.

2)      Request proposals for value engineering services of the design of the sanitary sewer system improvements consistent with previous Council commitments concerning the ballot proposal.

3)      Proceed to develop a work plan with the City’s engineering consultants Hubbell, Roth & Clark for improvements to the storm sewer system consistent with previous Council commitments concerning the ballot proposal.

(Motion adopted.)

 

Request to Waive Policy on Subordination of a CDBG Housing Rehabilitation Loan

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

 

WHEREAS, a request has been submitted by Eula B. Glover of 113 W. St. Andrews Road to allow the subordination of a Community Development Block Grant Housing Rehabilitation Loan, upon the refinancing of her mortgage, with the total indebtedness of the property exceeding 80 percent of the property value; now therefore

RESOLVED, that the City Council hereby approves the subordination of the Community Development Block Grant Housing Rehabilitation Loan on the subject property, in the amount of $50,000, resulting in a total indebtedness of $61,615.00, which exceeds 80 percent of the property value; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a subordination agreement for this loan on behalf of the City.  (Motion adopted.)

 

Annexation of Property on East Side of Perrine Road South of Letts Road – Larkin Twp

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

 

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

A part of Section 31, T15N, R2E, Midland County, Michigan, described as:  Commencing at the center of said Section 31, thence North 105 feet, East 220 feet, South 105 feet, West 220 feet to the Point of Beginning,

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

 

Six New Streets into the Local Street System as Required by MDOT

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

 

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

            Bradley Road   from west line Hillside Subdivision to end of the cul-de-sac

            Merlin Court            from Northgate Drive to the end of the cul-de-sac

            Roundtree Circle   from Eastlawn Drive to the end of the cul-de-sac

            Scenic Circle   from Stillwater Lane to the end of the cul-de-sac

            Scenic Drive            from Stillwater Lane to east line of Scenic Estates No. 5

            Stillwater Lane    from south line to north line of Scenic Estates No. 5

; and

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

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

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

 

Midland Municipal Employees Association – Contract Settlement

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Employees Association, for a successor labor contract effective July 1, 1999 and expiring June 30, 2002; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion adopted.)

 

Updated Declaration of Restrictive Covenant for Landfill Area

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

 

WHEREAS, the City of Midland filed an updated Declaration of Restrictive Covenant with the Michigan Department of Environmental Quality, Waste Management Division, following the January 10, 2000 Council meeting; and

WHEREAS, the MDEQ has requested the City to re-issue the Declaration of Restrictive Covenant using a revised standard form; now therefore

RESOLVED, that the January 10, 2000 resolution is amended by directing the Mayor and City Clerk to execute and file the updated Declaration of Restrictive Covenant for the City of Midland Landfill area, with the Michigan Department of Environmental Quality, Waste Management Division.  (Motion adopted.)

 

Liquor License Transfer of Partial Interest – Damon’s

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

 

WHEREAS, a request has been received from Midbest, L.L.C. (Damon’s) to transfer partial interest in their Class C/SDM Liquor License located at 6801 Eastman Avenue; and

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

WHEREAS, the City of Midland’s Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, Section 10.2, requires City Council approval; now therefore

RESOLVED, that the request from Midbest, L.L.C. (Damon’s) to transfer partial interest in their Class C/SDM Liquor License located at 6801 Eastman Avenue is hereby approved.  (Motion adopted.)

 

Motorcyclist Rights Procession and Rally– June 3, 2000

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

 

RESOLVED, that the request from Scott Kuehne to conduct a Motorcyclist Rights Procession and Rally on Saturday, June 3, 2000, beginning at 1:00 p.m. is hereby approved subject to the following conditions:

·         Participants must adhere to all local and state traffic laws, before, during and after the procession and rally. 

·         If emergency vehicles need to access areas on or near the route of the procession, the participants must move out of the way and let the vehicles proceed to the emergency scene.

·         Participants must adhere to Section 16-29 of the Code of Ordinances which forbids the sounding of any horn in a vehicle except when reasonably necessary to prevent accidents. 

·        Participants should be aware that it is unlawful to post handbills on walls of any public or private buildings, fences, trees or poles within the City advertising this event.  Non-commercial handbills may be handed to people on public sidewalks or in vehicles who are willing to take the information.

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion adopted.)

 

HTE Maintenance Support

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

 

WHEREAS, the City of Midland purchased operational software from HTE, Inc. in fiscal year 1997/98; and

WHEREAS, this software purchase requires ongoing maintenance from HTE, Inc. to stay current with the latest releases of the software and to handle any technical assistance needed; and

WHEREAS, the cost of said maintenance 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 Data Processing – Operations Fund account number 636-8110-811.93-67; now therefore

RESOLVED, that payment to HTE, Inc. for its maintenance support of the aforementioned software is hereby authorized in an amount not to exceed $105,000.  (Motion adopted.)

 

2000 Ditch Bank Clearing; Contract No. 14

Brian McManus, City Engineer, presented material regarding the execution of a contract to allow for the clearing of trees and brush from the banks of drainage ditches along the Snake Creek drainage system.  The following resolution was then offered by Councilman Coppage 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 clearing of trees and brush from the banks of drainage ditches along the Snake Creek drainage system; and

WHEREAS, funding for this project is provided by the Storm Water Management Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Chippewa Contracting, Inc. of Saginaw, Michigan, for the "2000 Ditch Bank Clearing; Contract No. 14", in the indicated amount of $484,205.00, 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 change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

 

MDOT Contract No. 99-0790 for 8 DART Buses

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

 

WHEREAS, the City of Midland has requested replacement of eight buses in the Dial-A-Ride fleet as part of the annual state application for operating assistance; and

WHEREAS, the State of Michigan Department of Transportation has approved said requests and has acquired the necessary funding for the purchases of these replacement buses; now therefore

RESOLVED, that the City Manager and City Clerk are authorized to execute Contract No. 99-0790 with the Michigan Department of Transportation in the amount of $444,070 for the purchase of one 25-foot, 24-passenger bus and seven 10 + 2 passenger buses with wheelchair lifts; and

RESOLVED FURTHER; that the purchase of the buses through the State of Michigan Extended Purchasing Program is hereby authorized; and

RESOLVED FURTHER; that, after the new replacement buses are put into service, the old buses shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for DART operational expenses.  (Motion adopted.)

 

Payment for Document Reproduction Services – Dow Chemical Company Tax Appeal

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, The Dow Chemical Company has submitted an invoice in the amount of $29,436.87 for costs associated with reproduction of various documents related to the City’s defense of The Dow Chemical Company’s tax appeal case filed with the Michigan Tax Tribunal; and

WHEREAS, said services have been authorized and approved on behalf of the City by its contract appraiser, Baker and O’Brien; and

WHEREAS, sufficient budgetary funding exists within the Dow Chemical Company Tax Appeal activity of the 1999-2000 General Fund budget; now therefore

RESOLVED, that the requirement of sealed competitive proposals for said services is hereby waived as impractical; and

RESOLVED FURTHER, that payment to The Dow Chemical Company for said services in the amount of $29,436.87 is hereby approved.  (Motion adopted.)

 

Landfill Compactor Lease Agreement

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

 

WHEREAS, sealed bids for the three-year lease of one (1) Sanitary Landfill Compactor – Landfill, Bid No. 2355, for delivery after July 1, 2000, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the City Administration has reported that sufficient funds have been requested in the 2000-01 Landfill Budget, account #517-8110-811.94-11, Landfill Equipment Rental – Outside; now therefore

RESOLVED, that the compliant bid proposal submitted by Midland Engine of Midland, Michigan in the amount of $111,133 per year ($333,399 total lease) is hereby accepted and a purchase order for annual lease payments is authorized; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the lease agreement subject to approval by the City Attorney.   (Motion adopted.)

 

Zoning Text Amendment No. 138A

James Schroeder, Director of Planning and Community Development, gave an overview of proposed Zoning Text Amendment No. 138A that would amend Article II – Construction of Language and Definitions, Section 2.1(22) Family, to restrict the number of unrelated persons residing in a dwelling unit.  The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 10, 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, (22) FAMILY.

The City of Midland Ordains:

Section 1.  That ARTICLE II—CONSTRUCTION OF LANGUAGE AND DEFINITIONS, Section 2.1, DEFINITIONS, (22) FAMILY, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

ARTICLE II--CONSTRUCTION OF LANGUAGE AND DEFINITIONS

Section 2.1  DEFINITIONS

(22)       FAMILY:  Two or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons who need not be related by blood, marriage, or adoption, living together in a dwelling unit.

A FAMILY IS DEFINED AS:

(a) UP TO FOUR (4) UNRELATED PERSONS RESIDING IN A DWELLING UNIT, WITH NO ROOMERS OR BOARDERS ALLOWED.

(b) TWO (2) OR MORE PERSONS RESIDING IN A DWELLING UNIT RELATED BY BLOOD OR MARRIAGE, AND CONSISTING OF HUSBAND, WIFE, SON, DAUGHTER,   FATHER,    MOTHER,   BROTHER, SISTER, GRANDFATHER, GRAND-MOTHER, GRANDSON, GRANDDAUGHTER, AUNT, UNCLE, NIECE, NEPHEW, STEPCHILDREN, LEGALLY ADOPTED CHILDREN, FOSTER CHILDREN AND LEGAL WARDS, OR ANY COMBINATION THEREOF.

(c) A COLLECTIVE NUMBER OF INDIVIDUALS LIVING TOGETHER IN A DWELLING UNIT WHOSE RELATIONSHIP MUST BE OF A REGULAR AND PERMANENT NATURE AND HAVING A DISTINCT DOMESTIC CHARACTER OR A DEMONSTRABLE AND RECOGNIZABLE BOND CHARACTERISTIC OF A COHESIVE UNIT.  THIS RELATIONSHIP DOES NOT INCLUDE ANY SOCIETY, CLUB, FRATERNITY, SORORITY, ASSOCIATION, LODGE, FEDERATION, GROUP, COTERIE, OR ORGANIZATION, NOR DOES IT INCLUDE A GROUP OF INDIVIDUALS WHOSE ASSOCIATION IS TEMPORARY OR SEASONAL IN CHARACTER OR NATURE OR FOR THE LIMITED DURATION OF THEIR EDUCATION, NOR DOES IT INCLUDE A GROUP WHOSE SHARING OF A DWELLING UNIT IS NOT TO FUNCTION AS A FAMILY, BUT MERELY FOR CONVENIENCE AND ECONOMICS.

ONE PROFESSIONAL CAREGIVER, SUCH AS A NURSE, NANNY, PHYSICAL THERAPIST, ETC., CARING FOR ANY PERSON RESIDING IN THE DWELLING MAY ALSO RESIDE IN THE DWELLING.

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.)

 

Council set Thursday, March 16, 2000, as a tentative date to hold a joint meeting with the Planning Commission to discuss zoning text amendment issues.  An alternate meeting date would be Wednesday, March 15, 2000.

 

Closed Meeting Date Set – Pending Litigation

A closed meeting was set for March 13, 2000, at 5:00 p.m. to discuss pending litigation.

 

Being no further business the meeting adjourned at 9:44 p.m.

 

 

 

                        _______________­­­­­­­­__________________________

                        Penny K. Kovacevich, City Clerk