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

Council members absent:

None

 

Minutes

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.)

 

Name Change – Bradley Road to Bradley Court

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.)

 

Zoning Petition No. 457

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.)

 

Zoning Petition No. 458

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.)

 

PUBLIC COMMENTS

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:

5/8" - 3/4" metered service . . . . . . . .  .  . . . .

$  21.30

$  23.85

1" metered service. . . . . . . . . . . . . . . . . . . . .

 27.69

31.02

1-1/2" metered service. . . . . . . . . . . . . . . . . .  

 34.08

38.16

2" metered service. . . . . . . . . . . . . . . . . . . . .

 55.38

62.01

3" metered service. . . . . . . . . . . . . . . . . . . . .

 213.00

238.50

4" metered service. . . . . . . . . . . . . . . . . . . . .

 276.90

310.05

6" metered service. . . . . . . . . . . . . . . . . . . . .

 404.70

453.15

8" metered service. . . . . . . . . . . . . . . . . . . . .

 575.10

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.)

 

2000 Sidewalk Improvement Program

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.)

 

Aviation Advisory Commission

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.)

 

Cable Access Advisory Commission

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.)

 

Dial-A-Ride Advisory Commission

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.)

 

Electrical Board of Appeals

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.)

 

Local Officers Compensation Commission

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.)

 

MBS International Airport Commission

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.)

 

Parks and Recreation Commission

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.)

 


Planning Commission

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.)

 

Plumbing Board of Appeals

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.)

 

Sewer District Board of Appeals

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.)

 

West Main Street Historic District Commission

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.)

 

Zoning Board of Appeals

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.)

 

Noise and Parking Violations Report

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.)

 

Sale of Remnant Parcel of Property - Rooker

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.)

 

Rezoning and Street Vacation for the Jerome Street Parking Lot Project

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.)

 

Revised Letter of Agreement – C.H.O.I.C.E. Program

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.)

 

Easement Agreement – Sanitary Sewer on Bradley Road

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.)

 

Easement Agreement – Storm Sewer at end of Pfeiffer Court

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.)

 

Easement Agreement – Walkway & Utility from Midland Cinemas & Bennett Construction

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.)

 

Zoning Petition No. 456

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)

 

New Business

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.

 

Electric Deregulation Bill

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