June 12, 2000
A regular meeting of the City Council was held on Monday, June 12, 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.
|
Council members present: |
Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
None |
Approval of the minutes of the May 15, 2000 special and regular meetings was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)
James Schroeder, Director of Planning and Community Development, presented information regarding a proposed street name change from Bradley Road to Bradley Court. A public hearing was opened at 7:05 p.m., no comments were made, the hearing closed at 7:06 p.m.. The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:
WHEREAS, the City Council referred to the Planning Commission a request to change the name of Bradley Road to Bradley Court; and
WHEREAS, a recommendation has been received from the City Planning Commission to approve the proposed name change; and
WHEREAS, a public hearing has been held on the proposed name change, in accord with Sections 22-59 and 22-60 of the Code of Ordinances of the City of Midland; now therefore
RESOLVED, that effective July 1, 2000, the City Council hereby changes the name of Bradley Road to Bradley Court; and
RESOLVED FURTHER, that the City Clerk is directed to forward to the Auditor General a certified copy of this resolution and shall record the same with the Register of Deeds of Midland County, Michigan. (Motion adopted.)
Name Change–Wyllys
Street To East Wyllys Court and Wyllys Court to West Wyllys Court
James Schroeder, Director of Planning and Community Development, presented information regarding a proposed street name change on Wyllys Street. A public hearing was opened at 7:09 p.m., no comments were made, the hearing closed at 7:10 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:
WHEREAS, the City Council referred to the Planning Commission a proposal to change the name of Wyllys Street east of Dawn Drive to East Wyllys Court, and Wyllys Court west of Dartmouth Drive to West Wyllys Court; and
WHEREAS, a recommendation has been received from the City Planning Commission to approve the proposed name changes; and
WHEREAS, a public hearing has been held on the proposed name changes, in accord with Sections 22-59 and 22-60 of the Code of Ordinances of the City of Midland; now therefore
RESOLVED, that effective July 1, 2000, the City Council hereby changes the name of Wyllys Street east of Dawn Drive to East Wyllys Court, and Wyllys Court west of Dartmouth Drive to West Wyllys Court; and
RESOLVED FURTHER, that the City Clerk is directed to forward to the Auditor General a certified copy of this resolution and shall record the same with the Register of Deeds of Midland County, Michigan. (Motion adopted.)
James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 457 – to rezone property on the north side of East Wheeler Street east of Foster Road. A public hearing opened at 7:16 p.m. Julie Keil, 925 E. Wheeler, Attorney for petitioner John Rapanos, spoke in support of the rezoning and requested a favorable vote from Council. Thomas Perreault, 4808 Foster Road, spoke in opposition to the rezoning. The hearing closed at 7:28 p.m. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
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-2 ZONING CLASSIFICATION WHERE RESIDENTIAL B 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 a point on the East side of the right-of-way of Foster Road 498 feet North of the South line of Section 2, T14N, R2E, City of Midland, Midland County, Michigan; thence East 1782.00 feet to the Place of Beginning; thence East 267.46 feet to the East right-of-way line of the US-10 Expressway; thence South 503 feet, more or less, along said East right-of-way line for US-10 to a point on the South Section line of said Section 2; thence West along said South Section line 312 feet; thence North 498 feet to the Place of Beginning,
be, and the same is hereby changed to a Business B-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 denied.)
James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 458 – rezoning property on the west side of Eastman Avenue across from Midland Mall. A public hearing opened at 7:36 p.m., no comments were made, the hearing closed at 7:37 p.m. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman McKeag:
ORDINANCE NO. 1479
AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 ZONING CLASSIFICATION WHERE COMMUNITY 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 491 feet South of the East ¼ corner of Section 32, T15N, R2E; thence West 396 feet; thence South 202.85 feet; thence East 396 feet; thence North 202.85 feet to the Point of Beginning,
be, and the same is hereby changed to a Business B-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.)
No comments were made.
Midland Sewer Rate Ordinance – 1st
Reading
Noel Bush, Director of Utilities, presented information on an amendment to the City of Midland Sewer Rate Ordinance. Introduction and first reading of the following ordinance amending the City of Midland Sewer Rate Ordinance was offered by Councilman Coppage and seconded by Councilman Wazbinski:
ORDINANCE NO. _______
AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES
FOR SEWER SERVICES BY AMENDING SECTION 28-163 OF DIVISION 3, OF ARTICLE III OF
CHAPTER 28 THEREOF.
The City of Midland
Ordains:
Section 1. Section
28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is
hereby amended to read as follows:
Sec. 28-163. Amount of sewer charge.
The charges for sewer service shall be
calculated according to the following schedule:
(a) There shall be a readiness-to-serve
charge per quarter on each metered water service as follows:
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5/8" - 3/4" metered service . . .
. . . . . . . . . . |
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$ 23.85 |
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1" metered service. . . . . . . . . .
. . . . . . . . . . . |
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31.02 |
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1-1/2" metered service. . . . . . . .
. . . . . . . . . . |
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38.16 |
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2" metered service. . . . . . . . . .
. . . . . . . . . . . |
|
62.01 |
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3" metered service. . . . . . . . . .
. . . . . . . . . . . |
|
238.50 |
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4" metered service. . . . . . . . . .
. . . . . . . . . . . |
|
310.05 |
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6" metered service. . . . . . . . . .
. . . . . . . . . . . |
|
453.15 |
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8" metered service. . . . . . . . . .
. . . . . . . . . . . |
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643.95 |
(b) In addition to the readiness-to-serve
charge set forth in paragraph (a) of this section, there will be an additional
charge for sewer service, which will be calculated as follows:
For each 1,000 gallons of water used per
quarter . . . . . . . . . . . $1.25
$1.22
However, bills for
sewer services for two (2) summer quarters for domestic customers, schools and
churches shall be based on the average consumption during two (2) winter
quarters. In cases where there is no
previous consumption upon which to base bills for sewer service in the summer
quarters, twenty-five thousand (25,000) gallons or actual consumption,
whichever is the least, shall be used.
Section 2. This ordinance shall take effect upon
publication. (Motion adopted. Considered first reading.)
Brian McManus, City Engineer, presented the proposed 2000 Sidewalk Improvement Program. Mayor Black announced each proposed sidewalk on the program and gave the audience an opportunity to comment.
Colorado Street (north side) no comments were made
Eastman Avenue (east side) James Wilson opposed the placement of sidewalk in front of the cemetery. Charles Hepenstal, 1317 North Parkway, spoke in support of the placement of sidewalk on the east side of Eastman Avenue.
Eastman Avenue (west side) Councilman Coppage withdrew his request for placement of sidewalk on the west side of Eastman Avenue.
Hedgewood Drive (west side) no comments were made
Illinois Drive (east side) no comments were made
St. Andrews Road (west side) no comments were made
Sturgeon Avenue (east side) Gary Tusciuk, 5520 Sturgeon Avenue, opposed placement of sidewalk in front of his home because of the narrow area between his home and the proposed sidewalk. Wayne Hall, 4900 Sturgeon Avenue, spoke in opposition to the sidewalk.
Sturgeon Avenue (west side) no comments were made
Vance Road (east side) George Lyons, 3306 Isabella Street, speaking on behalf of landowner, spoke in favor of the sidewalk.
Waldo Avenue (west side) no comments were made
Wheeler Street (south side) no comments were made
Wildes (west side) George Lyons, 3306 Isabella Street, spoke in opposition to sidewalk in front of 3300 Isabella.
After hearing the comments and holding further discussion,
Council decided to delete the following sidewalks from the 2000 Sidewalk
Improvement Program:
Eastman Avenue (east side) Old Calvary Cemetery to Sugnet Road
Eastman Avenue (west side) E-W ¼ line to Letts Road
Wildes Street (west side) Isabella Street to Cedar Street
The proposed sidewalk on Sturgeon Avenue (east side) from Saginaw Road north to end of existing sidewalk was changed to read Sturgeon Avenue (east side) from Saginaw Road north to end of Valorie Lane.
The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:
Colorado
Court (north side) Walsh
Street to end of court
Hedgewood
Drive (west side) Universal Drive
to north end of road
Illinois
Drive (east side) Gettysburg
Street to south line Stratford Estates
St.
Andrews Road (west side) Sugnet
Road to Plymouth Park
Sturgeon
Avenue (east side) Saginaw Road
north to Valorie
Sturgeon Avenue (west side) Wackerly Street south to end of existing sidewalk
Vance
Road (east side) Isabella
Street to Cedar Street
Waldo
Avenue (west side) Bay City
Road to Yale Avenue
Wheeler
Street (south side) Foster
Road to Congress Drive
and has heretofore established one special
assessment district which is to be known as the “2000 SIDEWALK IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it
would meet on the 15th day of May, 2000, for the purpose of hearing and
considering any objections or suggestions on the proposed sidewalk
improvements; and
WHEREAS, the City Council has met pursuant
to said notice on said day at the time specified in said notice and has heard
and considered all objections and suggestions to the proposed sidewalk
improvement program and passed a resolution on May 15, 2000 to postpone action
on this item until its meeting on June 12, 2000; now therefore
RESOLVED, that the necessary plans and
specifications contained in the City Manager’s report of April 10, 2000, on
file in the office of the City Clerk be and the same hereby are approved; and
RESOLVED FURTHER, that a special assessment
district for the purpose of said combined improvements be and hereby is
approved to be known as the “2000 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT
DISTRICT” and that said district comprises and includes the foregoing described
lands and premises; and
RESOLVED FURTHER, that the detailed estimate
of cost of said improvements in said district is hereby approved in the amount
of forty-six thousand eight hundred twenty-eight dollars ($46,828.00); and
RESOLVED FURTHER, that the revised
proportion of the cost and expense of said improvement to be borne and paid for
by the General fund shall be nineteen thousand three hundred thirty-three
dollars ($19,333.00) and that all other costs and expenses of said improvement
amounting to twenty-seven thousand four hundred ninety-five dollars
($27,495.00) shall be borne and paid by special assessment on all lands and
premises in said Special Assessment District as heretofore established and
approved; and
RESOLVED FURTHER, that the Council hereby
determines that the installation of sidewalk in the herein listed streets is a
necessary public improvement, conducive to the public health and general
welfare of the people of the City of Midland, and that the City Council proceed
to construct said sidewalks in accordance with the plans and specifications,
adopted for the same, and in accordance with the resolutions heretofore adopted
by the Council in regard to said proposed sidewalk improvements; and
WHEREAS, the Council is desirous of affording
the several owners of property located on the above described streets the
opportunity of causing their own sidewalks to be constructed at their own
expense; be it
RESOLVED FURTHER, that the City Council does
hereby determine that all sidewalks to be constructed by property owners shall
be completed on or before August 31, 2000, and that an agreement must be
executed by each property owner wishing to install their own sidewalks, in a
form acceptable to the City Attorney, which guarantees completion of the
sidewalks by no later than August 31, 2000, and that said agreement is received
by City Council for approval at their July 17, 2000, meeting; and
RESOLVED FURTHER, subject to the
qualification set forth in the immediately preceding paragraph of this resolution,
that all sidewalks not being completed by the property owners, shall be
constructed by the City of Midland, the cost thereof to be financed by special
assessments to be levied against the several properties so affected in
accordance with the Special Assessment Ordinance; and
RESOLVED FURTHER, that the City Assessor of
said City be and hereby is directed to prepare and report to the City Council a
Special Assessment Roll, for said “2000
SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by
the Council, and to assess and levy upon the several lots and premises
remaining in said district, said sums of money in proportion to the estimated
benefits resulting thereto from said improvement, computed as near as
practicable on a front foot basis.
(Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED,
that Donald Taylor is hereby appointed as the Citizen at Large Representative,
Thomas Lind is hereby appointed as the Pilot Representative and Robert Smith is
hereby reappointed as the MBS International Airport Representative to the
Aviation Advisory Commission for terms to expire June 30, 2003. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED,
that the following appointments are hereby made to the Cable Access Advisory
Commission with terms expiring as indicated:
Alex Berehula MCTV Volunteer, term expires 06/30/2003
Coleen Fulks MCTV Volunteer, term expires 06/30/2002
Nancy Burd Citizen at Large, term expires 06/30/2003
Chuck Hepenstal Citizen at Large, term expires 06/30/2002
Benjamin Dollard Citizen at Large, term expires 06/30/2001
April Douglass Media Professional, term expires 06/30/2003
Norman Neher MPS Representative, term expires 06/30/2001
(Motion adopted.)
The following resolution was offered by Councilman McKeag and seconded by Councilman Coppage:
RESOLVED, that Donna Swan is hereby appointed as a citizen at large
member for a term to expire June 30, 2003 and Charlotte Williams is hereby
appointed as a citizen at large member to fill the unexpired term of Bryan
Christenson expiring June 30, 2002 and Janet Neumann is hereby appointed as the
handicapper member to the Dial-A-Ride
Advisory Commission for a term to expire June 30, 2003. (Motion adopted.)
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
RESOLVED,
that Ernie Bourcier is hereby appointed as Power Company Representative to the
Electrical Board of Appeals for a term to expire June 30, 2003. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED,
that Bruce Peck is hereby reappointed as a citizen at large member to the Local Officers Compensation
Commission for a term to expire June 30, 2007.
(Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that Robert Smith is hereby reappointed as the Aviation
Advisory Commission representative on the MBS International Airport Commission
for a term to expire June 30, 2003.
(Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilwoman Currie:
RESOLVED, that Edwin McGuire and Margaret Wilson are hereby
reappointed as citizen at large members to the Parks and Recreation Commission
for terms to expire June 30, 2003.
(Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman McKeag:
RESOLVED,
that Joseph Slicker is hereby reappointed and Cowenda Garner and James Young
are hereby appointed as citizen at
large members to the Planning
Commission for terms to expire June 30, 2003.
(Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED,
that Chuck Lichon is hereby reappointed as the Health Department representative
to the Plumbing Board of Appeals for a term to expire June 30, 2003. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED,
that Patrick Sandow is hereby appointed as a citizen at large member to the Sewer District Board of Appeals for a
term to expire June 30, 2003. (Motion
adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman McKeag:
RESOLVED,
that Edward Saunders is hereby reappointed as the citizen at large member and
Randy Swierzbin is hereby reappointed as the Historical Society Representative
to the West Main Street Historic District Commission for terms to expire June
30, 2003. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman McKeag:
RESOLVED,
that Thomas Hofelich and Sally Sutton are hereby reappointed to the Zoning
Board of Appeals for terms to expire June 30, 2003. (Motion adopted.)
James St. Louis, Police Chief, presented a staff report on noise and parking violations in the City of Midland. The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:
WHEREAS, on April 24, 2000 the City Council directed the City Manager to prepare a report to the City Council on the subject of resolving violations of the City’s noise and parking ordinances; and
WHEREAS, said report was presented to the City Council on June 12, 2000; now therefore
RESOLVED, that the Noise and Parking Violations Report dated June 12, 2000 is hereby received and ordered filed in the office of the City Clerk; and
RESOLVED FURTHER, that the City Manager is hereby directed to engage in a periodic and ongoing public information process that will provide citizens with information pertaining to existing noise and parking ordinances and how to report violations; and
RESOLVED FURTHER, that the City Attorney is hereby directed to develop an ordinance to make noise ordinance violations both a misdemeanor and a municipal civil infraction; and
RESOLVED
FURTHER, that the City Manager is hereby directed to provide for Police
Department enforcement of front yard parking violations during weekends and
after normal business hours. (Motion
adopted.)
James Schroeder, Director of Planning and Community Development, presented information to Council on the sale of a remnant parcel of land to Mr. And Mrs. Marc Rooker. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:
WHEREAS, the City of Midland desires to enter into a contract for the
sale of a remnant parcel of land in the City of Midland; and
WHEREAS, an offer to purchase said property, dated May 10, 2000, was
submitted by Mr. and Mrs. Marc Rooker, in the amount of $400.00; and
WHEREAS, the requirement of sealed competitive proposals for the sale of
said property, in accord with Section 2-18 of the Code of Ordinances of the
City of Midland, is impractical; now therefore
RESOLVED, that the City Council hereby approves the offer to purchase;
and
RESOLVED FURTHER, that all proceeds from the sale of this property shall
be returned to the Housing Commission Fund; and
RESOLVED FURTHER, that sealed proposals for the sale of said property
are hereby waived as being impractical; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, efforts are being made to cause the development of a parking
area in the blocks bounded by Jerome, Larkin, Ripley, and Ellsworth Streets, as
a part of an effort to improve this entrance to the City; and
WHEREAS, to construct a parking lot, it will be necessary to vacate that portion of Eastman Avenue between Ellsworth Street and Larkin Street and to rezone the block bounded by Eastman, Larkin, and Ripley Streets to a Business B-2 zoning classification; now therefore
RESOLVED, that the Planning Commission is directed to initiate the rezoning of said land from Office-Service 2 to Business B-2; and
RESOLVED
FURTHER, that the matter of the vacation of Eastman Avenue between Ellsworth
and Larkin Streets is referred to the City Planning Commission, the City
Engineer, and the Director of Utilities for review and comment. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, the administration of the City’s CHOICE Program requires an agreement with participating lending institutions; and
WHEREAS, the changes in the lending institutions and refinements to the CHOICE Program required modifications to the Letter of Agreement; now therefore
RESOLVED, that the Mayor and City Clerk are authorized to sign the revised Letter of Agreement on behalf of the City of Midland; and
RESOLVED
FURTHER, that City staff is directed to administer this program utilizing the
revised Letter of Agreement. (Motion
adopted.)
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
RESOLVED,
that the attached Easement Grant Agreement from Leah A. Holmes to the City of
Midland, for the public sanitary sewer extending from the end of Bradley Road
toward Haley Street, in Section 15, T. 14 N., R. 2 E., is hereby accepted and
that the Easement is ordered recorded.
(Motion adopted.)
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
RESOLVED,
that the attached Easement Grant Agreement from Midland County Habitat for
Humanity to the City of Midland, for the public storm sewer extending from the
end of Pfeiffer Court to the State Drain, in Section 6, T. 14 N., R. 2 E., is
hereby accepted and that the Easement is ordered recorded. (Motion adopted.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED,
that the attached Easement Grant Agreements for Sidewalk/Pathway and Utility
Easement Agreements from Midland Cinemas, Inc. and Earl D. Bennett
Construction, Inc. to the City of Midland, for a future public walkway
northerly of and adjacent to Highway US-10 from Jefferson Avenue to Cinema
Drive, in Section 33, T. 15 N., R. 2 E., are hereby accepted and that the
Easements are ordered recorded. (Motion
adopted.)
1999 Annual Drinking
Water Quality Report
Noel
Bush, Director of Utilities, as required by USEPA’s Consumer Confidence Report
Rule of 1998, presented the 1999 Annual Drinking Water Quality Report. The following resolution was then offered by
Councilman Coppage and seconded by Councilman Wazbinski:
RESOLVED, that the 1999 annual Drinking Water Quality Report be received and filed in the office of the City Clerk. (Motion adopted.)
MidMichigan Medical
Center – Temporary Sign for Emergency Room
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS, a request has been received by the
MidMichigan Medical Center requesting permission to install four temporary
directional signs to the hospital emergency room during campus reconstruction;
and
WHEREAS, a report has been received from the
City Engineer recommending that that the temporary sign request is appropriate;
now therefore
RESOLVED, that MidMichigan Medical Center is
permitted to place four temporary directional signs to the hospital emergency
room along Orchard Drive for a period of one year in accordance with the City
of Midland installation standards.
(Motion adopted.)
Project Plan – 43.5 mg Storage Basin and SRF Application
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, the City entered into an Administrative Consent Order (ACO) with the Michigan Department of Environmental Quality (MDEQ) to construct a 43.5 mg storage basin; and
WHEREAS, the ACO compliance schedule provides ample time for the City to apply for the SRF low interest loan funds to finance the public improvement; and
WHEREAS, the City Council has retained Hubbell, Roth and Clark, Inc., Consulting Engineers, to prepare the project plan for constructing the storage basin; and
WHEREAS, the project plan was placed for public review at the Grace A. Dow Memorial Library and with the City Clerk, and public notices were published 33 days prior to the public hearing in the local newspaper on April 13, 20, and 27; and
WHEREAS, a public hearing on the project plan for the construction of a 43.5 million gallon storage basin at an estimated project cost of $5.381 million dollars was held on May 15, 2000; now therefore
RESOLVED, that recommendations contained in the project plan for the construction of the storage basin are herby approved as follows:
1. The City of Midland adopts the project plan and directs the City Manager to implement the project plan to construct a storage basin in compliance with the ACO.
2. The design engineer is directed to consider the recommendation to have the west berm of the storage basin follow the curvature of Saginaw Road.
3. The City Manager is authorized to make application to the MDEQ Municipal Bond Authority for a low interest loan from the State Revolving Loan Fund for the financing of the storage basin.
(Motion adopted.)
July 2000 Tax Levies
- MPS
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland
Public Schools has submitted a request for the City of Midland to collect a
summer property tax levy of school property taxes within the City of Midland,
for the year 2000; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended,
allows for the collection of taxes and outlines the distribution of collected
taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will
continue to collect taxes under the
following conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of Midland for other units shall be remitted to the
taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893
as amended. 3) The City of Midland
agrees that it will not charge the taxing entities for collection of these
taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby
authorizes the City Treasurer to collect and distribute the 2000 Midland Public
Schools summer property tax levy in accordance with the General Property Tax
Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into
agreements with the applicable taxing entities for collection and distribution
of taxes under the above stated conditions.
(Motion adopted.)
July 2000 Tax Levies
- MCESA
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland
County Educational Service Agency has submitted a request for the City of
Midland to collect a summer property tax levy of school property taxes within
the City of Midland, for the year 2000; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended,
allows for the collection of taxes and outlines the distribution of collected
taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will
continue to collect taxes under the
following conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes collected
by the City of Midland for other units shall be remitted to the taxing entity
in accordance with the General Property Tax Act, P.A. 206 of 1893 as
amended. 3) The City of Midland agrees
that it will not charge the taxing entities for collection of these taxes; now
therefore
RESOLVED, that the City Council hereby approves said request and hereby
authorizes the City Treasurer to collect and distribute the 2000 Midland County
Educational Service Agency summer property tax levy in accordance with the
General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into
agreements with the applicable taxing entities for collection and distribution
of taxes under the above stated conditions.
(Motion adopted.)
July 2000 Tax Levies
– Bay City Public Schools
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City
Public Schools has submitted a request for the City of Midland to collect a
summer property tax levy of school property taxes within the City of Midland,
for the year 2000; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended,
allows for the collection of taxes and outlines the distribution of collected
taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will
continue to collect taxes under the
following conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of Midland for other units shall be remitted to the
taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893
as amended. 3) The City of Midland
agrees that it will not charge the taxing entities for collection of these
taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby
authorizes the City Treasurer to collect and distribute the 2000 Bay City
Public Schools summer property tax levy in accordance with the General Property
Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into
agreements with the applicable taxing entities for collection and distribution
of taxes under the above stated conditions.
(Motion adopted.)
July 2000 Tax Levies
– Bay Arenac
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac
Intermediate School District has submitted a request for the City of Midland to
collect a summer property tax levy of school property taxes within the City of
Midland, for the year 2000; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended,
allows for the collection of taxes and outlines the distribution of collected
taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will
continue to collect taxes under the
following conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of Midland for other units shall be remitted to the
taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893
as amended. 3) The City of Midland
agrees that it will not charge the taxing entities for collection of these
taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby
authorizes the City Treasurer to collect and distribute the 2000 Bay-Arenac
Intermediate School District summer property tax levy in accordance with the
General Property Tax Act, P.A. 206 of 1893 as amended; and
RESOLVED, that the City Treasurer is authorized to enter into agreements
with the applicable taxing entities for collection and distribution of taxes
under the above stated conditions.
(Motion adopted.)
July 2000 Tax Levies
– Delta College
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS,
in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College
has submitted a request for the City of Midland to collect a summer property
tax levy of school property taxes within the City of Midland, for the year
2000; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended,
allows for the collection of taxes and outlines the distribution of collected
taxes; and
WHEREAS, the City of Midland Treasurer, has in the past, and will
continue to collect taxes under the
following conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of Midland for other units shall be remitted to the
taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893
as amended. 3) The City of Midland
agrees that it will not charge the taxing entities for collection of these
taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby
authorizes the City Treasurer to collect and distribute the 2000 Delta College
summer property tax levy in accordance with the General Property Tax Act, P.A.
206 of 1893 as amended; and
RESOLVED FURTHER, that the City Treasurer is authorized to enter into
agreements with the applicable taxing entities for collection and distribution
of taxes under the above stated conditions.
(Motion adopted.)
July 2000 Tax Levies
– Special Assessment Installments & Accounts Receivable
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
RESOLVED, that the City Assessor is hereby authorized and instructed to
spread upon the July 2000 tax roll, Special Assessments in the various amounts
as indicated herein:
Street Improvement Rolls
1988
Street Improvement 2,344.34
1990
Street Improvement 18,175.98
1994
Street Improvement 4,696.80
1995
Street Improvement 1,909.04
1996
Street Improvement 18,820.31
1997
Street Improvement 21,256.06
1999
Street Improvement 3,284.82
Subtotal
Street Improvement Rolls $
70,487.35
Sanitary Sewer Improvement Rolls
1990
Sanitary Sewer Improvement 3,361.99
1994
Sanitary Sewer Improvement 3,664.97
1996
Sanitary Sewer Improvement
9,522.75
1997
Sanitary Sewer Improvement 27,097.29
1998
Sanitary Sewer Improvement 2,589.48
Subtotal
Sanitary Sewer Improvement Rolls $ 46,236.48
Water Main Improvement Rolls
1990
Water Main Improvement 4,053.14
1995
Water Main Improvement 5,601.14
1996
Water Main Improvement 26,129.62
1997
Water Main Improvement 12,430.60
1998
Water Main Improvement 31,520.51
1999
Water Main Improvement 4,247.09
Subtotal
Water Main Improvement Rolls $ 83,982.10
Sidewalk Improvement Rolls
1995
Sidewalk Improvement 2,481.92
1996
Sidewalk Improvement 6,720.00
1997
Sidewalk Improvement 3,041.02
1998
Sidewalk Improvement 3,860.39
1999
Sidewalk Improvement 302.89
Subtotal
Sidewalk Improvement Rolls $ 16,406.22
1999
Downtown Economic Revitalization Roll $
35,220.60
Accounts Receivable Roll $
6,046.11
TOTAL SPECIAL ASSESSMENT ROLL $258,378.86
; and
RESOLVED FURTHER, that the current accounts
receivable listed herein be transferred to the 2000 General Fund Tax Roll
Accounts Receivable. (Motion adopted.)
Naming of Barstow
Drive
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS, the Barstow Airport Advisory Commission at their meeting of May
3, 2000 recommended that the access roadway into the Barstow Municipal Airport
be named Barstow Drive; now therefore
RESOLVED, that the access roadway into the Barstow Municipal Airport is hereby named Barstow Drive. (Motion adopted.)
Declaring Position Vacant – Zoning Board of Appeals
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, Joseph Johnson was appointed to the Zoning Board of Appeals on
June 30, 1998; and
WHEREAS, since the beginning of the City’s 1999-00 fiscal year, the Zoning Board of Appeals has met nine times, of which Mr. Johnson has three excused absences and three unexcused absences; and
WHEREAS, Section 2-243 of the Code of Ordinances states that “the
position of a member of any board or commission established by the Charter or
Code of Ordinances of the City shall be considered vacant if such member shall
miss four (4) consecutive regular meetings of the board or commission, or
twenty-five (25) percent of such meetings in any fiscal year of the city,
unless such absences shall be excused by the board or commission and the reason
therefore entered in the proceedings of said board or commission”; and
WHEREAS, based upon the official record of the Zoning Board of Appeals, Mr. Johnson has three unexcused absences since the beginning of the 1999-00 fiscal year, representing 33.3 percent of the regular meetings of the Zoning Board of Appeals; now therefore
RESOLVED, that in accord with Section 2-243 of the Code of Ordinances,
the City Council hereby determines that Mr. Joseph Johnson has three unexcused
absences, which exceed twenty-five percent of the regular meetings held by the
Zoning Board of Appeals in fiscal year 1999-00, and hereby declares the
position held by Joseph Johnson on the Zoning Board of Appeals to be vacant
effective immediately; and
RESOLVED FURTHER, that the City Administration is hereby directed to
inform Mr. Johnson of the City Council’s determination and declaration of his
position on the Zoning Board of Appeals as vacant. (Motion adopted.)
National Pollutant Discharge Elimination System (NPDES)
Permit
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, the Michigan Department of Environmental Quality did approve a National Pollutant Discharge Elimination System (NPDES) permit for the City of Midland on May 9, 2000; and
WHEREAS, the Council has reviewed said permit and concurs with the recommendation of staff that the NPDES permit, as drafted by the MDEQ, is acceptable to the City; now therefore
RESOLVED, that the City of Midland accepts the conditions of the NPDES permit No. MI 0023582 issued May 9, 2000 and scheduled to expire October 1, 2003. (Motion adopted.)
Barstow Airport Service Contract Amendment
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, a report has been received from the
City Engineer indicating proposed amendments the Jack Barstow Municipal Airport
Services Contract with Stephen’s Aviation Services, Inc.; and
WHEREAS, a proposed amendment to the
contract with Stephen’s aviation had been reviewed and approved by the Barstow
Airport Advisory Commission, Stephen’s Aviation Services, Inc., and the City
Attorney; now therefore
RESOLVED, that the City Council hereby accepts the First Amendment for Modification to the Jack Barstow Municipal Services Contract with Stephen’s Aviation Services, Inc and approves said contract amendment and authorizes its execution by the Mayor and City Clerk upon acceptance by Stephen’s Aviation Services, Inc. (Motion adopted.)
1996 Green & Tittabawassee River Roads
Water Main Special Assessment Refund
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, the final costs for the 1996 Green & Tittabawassee River Roads Water Main Special Assessment District (WD9818) have been determined; and
WHEREAS, the actual improvement costs vary from the original estimated costs which were funded for the program as follows:
|
|
Amount Funded |
Amount Expended |
Unexpended Balance |
|
Property Owners |
$23,854.70 |
$20,201.50 |
$3,653.20 |
|
City-At-Large |
23,651.04 |
26,212.51 |
(2,561.47) |
|
|
$47,505.74 |
$46,414.01 |
$1,091.73 |
; and
WHEREAS, said assessment has proved larger than necessary by an amount of five (5) percent or more, requiring the City to make a refund of the excess thereof pro rata according to assessments, pursuant to Section 20-38 of the Midland Code of Ordinances; now therefore
RESOLVED, that refunds in the
aggregate amount of $3,653.20 shall be made to property owners; and
RESOLVED FURTHER, that refunds due property owners shall be accomplished by crediting unpaid assessment balances, or in cases where assessments have been paid in full, by refund check made payable to the current property owners or their designee; and
RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized and directed to transfer $2,561.47 from the Water Fund to the Special Assessment Fund to provide supplemental funding for the City-at-large portion of the cost of said improvement. (Motion adopted.)
1997 Sandow Area
Water Main Special Assessment Refund
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS, the final costs for the Sandow Area Water Main Special Assessment District (WD9822) have been determined; and
WHEREAS, the actual improvement costs vary from the original estimated costs which were funded for the program as follows:
|
|
Amount
Funded |
Amount Expended |
Unexpended Balance |
|
Property Owners |
$231,532.10 |
$187,127.16 |
$44,404.94 |
|
City-At-Large |
153,000.00 |
118,175.03 |
34,824.97 |
|
|
$384,532.10 |
$305,302.19 |
$79,229.91 |
; and
WHEREAS, said assessment has
proved larger than necessary by an amount of five (5) percent or more,
requiring the City to make a refund of the excess thereof pro rata according to
assessments, pursuant to Section 20-38 of the Midland Code of Ordinances; now
therefore
RESOLVED, that the unexpended balance remaining be distributed as follows:
Refund Due Refund Due
Property Owners City’s Water Fund Total
$44,404.94 $34,824.97 $79,229.91
; and
RESOLVED FURTHER, that refunds due property owners shall be accomplished by crediting unpaid assessment balances, or in cases where assessments have been paid in full, by refund check made payable to the current property owners or their designee; and
RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized and directed to refund $34,824.97 to the Water Fund. (Motion adopted.)
EAP Contract -
McLuckie
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for thirteen years; and
WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and
WHEREAS, in accordance with Section 2-l9 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore
RESOLVED,
that the proposed contract between the City of Midland and Lona McLuckie, for
the annualized value of $34,000.00, effective July l, 2000 through June 30, 2001,
for the provision of Employee Assistance Program services, is hereby approved
and the Mayor and City Clerk are authorized to execute the final document. (Motion adopted.)
Labor Agreement –
Supervisory Employees Association
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
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 Supervisory Employees Association, for a successor labor contract effective October 1, 1999 and expiring June 30, 2003; 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.)
Purchase of Hydraulic
Rescue Tool Components & Accessories – Fire Department
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS, on May 30, 2000 bids were
publicly opened for purchase of Hurst Hydraulic Rescue Tool components and
other accessories; and
WHEREAS, Apollo Fire Equipment Company submitted the only bid for the
specified items; and
WHEREAS, the bid submitted is within the budget for purchasing the
specified equipment; and
WHEREAS, the Fire Department has the funds necessary to purchase the
equipment specified; now therefore
RESOLVED, that the City Council authorizes the Purchasing Agent to issue
a Purchase Order in the amount of $24,880 to Apollo Fire Equipment Company, the
lowest responsive, responsible vendor, for purchase of the required
equipment. (Motion adopted.)
City of Midland Land Use Plan Amendment
James Schroeder, Director of Planning and Community Development, presented information on the City’s Land Use Plan (Master Plan) adopted by the Planning Commission on May 23, 2000. The State enabling legislation gives authority to the Planning Commission to periodically review and amend the Master Plan as appropriate. The Planning Commission held a public hearing to receive public comments on the proposed amendments on May 11, 2000. Stephen Graham, 3567 Oakbrook Drive, a resident of Larkin Township, spoke in opposition to the amendments to the master plan. The following resolution to receive and file the approved City’s Land Use Plan was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
WHEREAS, the Planning Commission of the City of Midland, at its meeting on May 23, 2000, approved amendments to the Land Use Plan, a part of the City’s Master Plan, as follows:
a. Lands both north and south of the
intersection of Joseph Drive and adjacent to the east side of Jefferson Avenue,
from Low-density Residential to Office-Service; and
b. Lands on the south side of Joseph Drive east of Jefferson Avenue, from Low-density Residential to Medium-density Residential; and
c. Lands north of Letts Road between Sturgeon
Avenue and Perrine Road, from Low-density Residential to Medium-density
Residential.
d. Lands between West Wackerly Street and US-10 immediately west of Dublin Avenue, from Low-density Residential to Medium-density Residential; and
e. Lands adjacent to Jerome Street, from Larkin Street to Indian Street, from Office-Service to General Commercial; and
WHEREAS, the City Planning Commission has certified the same to the Midland City Council; now therefore
RESOLVED, that the amendments to the Master Plan are hereby received and placed on file. (Motion adopted.)
Vacation of Ox-Bow
Drive
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
WHEREAS, the Midland City Council, acting on the request of Nancy Holt and Donald Sias to vacate Ox-Bow Drive south of Isabella Street (M-20), within Ox-Bow Farm Plat No. 1, as recorded in Liber C, Page 33 of Plats, Midland County Records, referred the matter to the City Engineer, the Planning Commission, the Director of Utilities and the Director of Public Services for review and recommendation; and
WHEREAS, a report has been received from the Planning Commission recommending approval of the street vacation; and
WHEREAS, a report has been received from the City Engineer indicating no objection to the street vacation; and
WHEREAS, a report has been received from the Director of Utilities indicating no objection to the street vacation; and
WHEREAS, a report has been received from the Director of Public Services indicating no objection to the street vacation; now therefore
RESOLVED, that the Midland City Council deems it advisable to consider the vacation, discontinuance, and abolishment of Ox-Bow Drive south of Isabella Street; and
RESOLVED FURTHER, that the 17th day of July, 2000, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said right-of-way, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing; and
RESOLVED FURTHER, that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing. (Motion adopted.)
James Schroeder, Director of Planning and Community Development, presented information on a public hearing to be set to receive comments on Zoning Petition No. 456 – zoning property on Joseph Drive east of Jefferson and north of the soccer fields. Michael Pnacek, speaking on behalf of F/A Pnacek, Ltd., requested Council set a special meeting to hold a public hearing on Zoning Petition No. 456 on or before July 12, 2000. Council denied the request. The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 17, 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 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 Southeast corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1318.01 feet along the West Section line to the South 1/8 line and the Point of Beginning; thence East along said 1/8 line 800 feet; thence North 351.95 feet to the Center line of Joseph Drive; thence West along said Center line to the West Section line; thence South along said West Section line 329.56 feet to the Point of Beginning; and
That property described as: Commencing at the Southwest corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1647.57 feet along the West Section line to the Point of Beginning; thence North along said Section line 330.24 feet, to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4; thence along said South line 600.00 feet; thence South 328.51 feet to the Center line of Joseph Drive; thence West along said Center line to the West Section line and the Point of Beginning,
be, and the same is hereby changed to an Office-Service 2 District; and
That property described as: Commencing at the Southwest corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1318.01 feet along the West Section line to the South 1/8 line; thence East 800 feet along said 1/8 line to the Point of Beginning; thence North 351.95 feet to the Center line of Joseph Drive; thence along said Center line to the North/South 1/4 line; thence South along the North/South 1/4 line 426.39 feet to the South 1/8 line; thence West along the South 1/8 line 1848.52 feet to the Point of Beginning;
be, and the same is hereby changed to a Residential B District; and
That property described as: Commencing at the Southwest corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1977.81 feet along the West Section line to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4; thence along said line 600 feet to the Point of Beginning; thence South 328.51 feet to the Center line of Joseph Drive; thence East along said Center line to the North/South 1/4 line; thence North along said 1/4 line 232.40 feet to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4; thence West along said South line 2052.33 feet to the Point of Beginning,
be, and the same is hereby changed to a Residential A-4 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.
459
The
following resolution was offered by Councilman Wazbinski and seconded by
Councilman Coppage:
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 17, 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 BUSINESS B-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: Lot 8 of Hedgewood Subdivision,
be, and the same is hereby changed to a Business B-1 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. (Motion adopted. Considered first reading.)
Dow Corning
Corporation – IFT Application
Councilman
Wazbinski requested that he be allowed to abstain from voting on issues
involving the Dow Corning request for an industrial facilities exemption
certificate. Councilman Wazbinski is
employed by the Dow Corning Semi-Conductor Plant in Hemlock. Council unanimously agreed to the
abstention. The following resolution
was then offered by Councilman Coppage and seconded by Councilman McKeag:
RESOLVED, that an application dated April 20, 2000 was received April 24, 2000 from the Dow Corning Corporation with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Dow Corning Corporation Industrial Development District relating to new facilities including new land and building improvements, machinery and equipment with the facility intended to upgrade technology and expand capacity for the production of specialty silicone intermediates in the amount of $15,744,000 relating to new facility approval to allow further expansion in the Dow Corning Corporation Industrial Development District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, June 26, 2000, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted. Yeas: Black, Coppage, Currie, McKeag Nays: None Abstained: Wazbinski)
A special meeting was set on August 21, 2000, to call for a closed session to conduct a preliminary job performance review for City Attorney James Branson and to discuss pending litigation.
Karl
Tomion, City Manager, presented information on a pending Electric Deregulation
Bill. The following resolution was then
offered by Councilman Coppage and seconded by Councilman McKeag:
WHEREAS, the State Legislature has and is currently considering bills that involve expanding the number of alternative telecommunications and electric suppliers in the State of Michigan; and
WHEREAS, some versions and/or amendments to these bills attempt to interfere with municipal authority over public rights of way and utility franchising; and
WHEREAS, the City Council has previously taken a position that preempting local control over franchising and rights of way could have a detrimental impact on the City of Midland’s ability to operate and maintain its local street system; and
WHEREAS, current electric and telecommunication suppliers do operate under a municipal franchise that provides local authority over the rights of way in Midland and throughout the State of Michigan; and
WHEREAS, allowing new suppliers or aggregators to operate outside of these regulations is unfair and not in the best interest of the citizens of the City of Midland; now therefore
RESOLVED, that the City of Midland hereby supports the position of the Michigan Municipal League that new telecommunications and electric supplier legislation should not include provisions that interfere with the City’s authority over rights of way and franchising; and
RESOLVED FURTHER, that the City Manager is hereby authorized and directed to send a copy of this resolution to State Senator Bill Schuette, State Representative Tony Stamas and the Michigan Municipal League. (Motion adopted.)
Being
no further business the meeting adjourned at 11:27 p.m.
______________________________________
Penny K. Kovacevich, City Clerk