June 25, 2001

 

A regular meeting of the City Council was held on Monday, June 25, 2001, 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

Council members absent:

Marty Wazbinski (excused)

 

Minutes

Approval of the minutes of the June 11, 2001 regular meeting was offered by Council Member Coppage and seconded by Council Member Currie.  (Motion adopted.)

 

Dow Corning Corporation – IFT Application

Kathleen Paul, City Assessor, presented information on a request from the Dow Corning Corporation for an Industrial Facilities Exemption Certificate.  A public hearing was opened at 7:05 p.m.  Joseph Mulders, Dow Corning Corporation Tax Supervisor, reviewed the contents of the request.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the request.  The hearing closed at 7:15 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Dow Corning Corporation Industrial Development District was established by resolution of the Midland City Council on February 23, 1981; and       

WHEREAS, the Dow Corning Corporation made an application dated May 3, 2001, which was received by the City Clerk on May 3, 2001, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $13,395,000, which includes $11,700,000 in new personal property and $1,695,000 in building and land improvements with the same being located within the Dow Corning Corporation Industrial Development District.  This project will expand capacity for production of silicone copolymers; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on June 25, 2001, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Dow Corning Corporation for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2013; and

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

 

2001 Mac Street Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2001 Mac Street Improvement project.  A public hearing was opened at 7:19 p.m.  Teal D. Saylor III, 4900 Mac Street, spoke in favor of the improvement.  The hearing closed at 7:20 p.m.  The following resolution was offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated June 11, 2001, said street being:

                   MAC STREET                            from Saginaw Road to end of cul-de-sac

and has heretofore established one special assessment district designated:

“2001 MAC STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, June 25, 2001, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Mac Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of sixty-four thousand dollars ($64,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be twenty-three thousand seven hundred eighty-four dollars ($23,784.00) and that all other costs and expenses of said improvement amounting to forty thousand two hundred sixteen dollars ($40,216.00) shall be borne and paid by special assessment on all lands and premises in said “2001 Mac Street Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

“2001 MAC STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2001 Mac Street Improvement Special Assessment Roll

Roger Elbers, Assistant City Assessor, presented information on the proposed special assessment roll for Mac Street.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2001 MAC STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Street Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the ninth day of July, 2001, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the ninth day of July, 2001, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2001 Perrine Sanitary Sewer Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2001 Perrine Sanitary Sewer Improvement project.  A public hearing opened at 7:29 p.m.  Artith Earley and Jonathon A. Gould from 6713 Perrine Road spoke in favor of the Perrine Sanitary Sewer Improvement project.  The hearing closed at 7:31 p.m.   The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated June 11, 2001, said street being:

                  PERRINE ROAD     from the South 1/8 Line of Section 31 to 960 feet north

and has heretofore established one special assessment district designated:

     “2001 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT          DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, June 25, 2001, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Perrine Road is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of ninety-five thousand dollars ($95,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be seventy-two thousand two hundred thirty-five and 85/100 dollars ($72,235.85) and that all other costs and expenses of said improvement amounting to twenty-two thousand seven hundred sixty-four and 15/100 dollars ($22,764.15) shall be borne and paid by special assessment on all lands and premises in said 2001 Perrine Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2001 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT          DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2001 Perrine Sanitary Sewer Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the proposed special assessment roll for the Perrine Sanitary Sewer Improvement project.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2001 PERRINE ROAD SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the ninth day of July, 2001, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the ninth day of July, 2001, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2001 Shreeve Street Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2001 Shreeve Street Improvement project.  A public hearing opened at 7:35 p.m.  Donald Toland, 2909 Dauer Street, spoke in support of paving Shreeve Street.  The hearing closed at 7:36 p.m.  The following resolution was offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated June 11, 2001, said street being:

                   SHREEVE STREET                  from Novak Street to Dauer Street

and has heretofore established one special assessment district designated:

“2001 SHREEVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, June 25, 2001, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Shreeve Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of thirty-five thousand five hundred dollars ($35,500.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be eleven thousand seven hundred seventy-three and 30/100 dollars ($11,773.30) and that all other costs and expenses of said improvement amounting to twenty-three thousand seven hundred twenty-six and 70/100 dollars ($23,726.70) shall be borne and paid by special assessment on all lands and premises in said “2001 Shreeve Street Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

“2001 SHREEVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2001 Shreeve Street Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the proposed special assessment roll for the Shreeve Street Improvement project.  The following resolution was offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2001 SHREEVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Street Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the ninth day of July, 2001, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the ninth day of July, 2001, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 


Stormwater Runoff Regulation and Control Ordinance Amendment

Bradd Maki, Assistant City Engineer, presented information on a second reading of an ordinance amendment to Chapter 29, Stormwater Runoff Regulation and Control.  The following ordinance amendment was offered by Council Member Coppage and seconded by Council Member Currie:

 

ORDINANCE NO. 1507

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 29-2, 29-3.1, AND 29-4 OF ARTICLE I AND SECTIONS 29-32 AND 29-39 OF ARTICLE III OF CHAPTER 29 THEREOF.

The City of Midland Ordains:

Section 1.  Chapter 29, Article I, Sections 29-2, 29-3.1, 29-4, and Article III, Sections 29-32, 29-39 are hereby amended to read as follows:

Sec. 29-2.  Definitions. 

For the purposes of this chapter the following definitions are adopted:

(1)     Base flood elevation:  The elevation delineating the flood level having a one percent probability of being equaled or exceeded in any given year (also known as the 100-year flood elevation), as determined from flood insurance rate maps (FIRMs) or the best available information.

(2)     Channel:  A natural or manmade open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water.

(3)     City engineer:  The person formally designated by the city manager as the city engineer or designee.

(4)     Compensatory storage:  An artificially excavated volume of storage within a floodplain used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.

(5)     Conduit:  Any channel, pipe, sewer, or culvert used for the conveyance or movement of water, whether open or closed.

(6)     Control elevation:  Contour lines and points of predetermined elevation used to denote a detention storage area on a plat or site drawing.

(7)     Design standards for stormwater runoff regulation and control: Standards on file in the city engineer’s office to which all designs, and the resulting stormwater runoff, must conform.

(8)     Detention facility:  A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulate behind the outlet.

(9)          Detention storage:  The temporary detaining or storage of stormwater in storage basins, on rooftops, in streets, parking lots, school yards, parks, open spaces, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.

(10)      Discharge:  The rate of outflow of water from any source.

(11)   Drainage area:  The area from which water is carried off by a drainage system,

         i.e., a watershed or catchment area.

(12)   Excess stormwater runoff:  The volume and rate of flow of stormwater discharged from an urbanized drainage area, which is or will be in excess of that volume and rate which represented or represents the runoff from the property prior to the date of this chapter. 

(13)   Floodplain:  The special flood hazard lands adjoining a watercourse, the surface elevation of which is lower than the base flood elevation and is subject to periodic inundation.

(14)   Hydrograph:  A graph showing, for a given point on a stream or conduit, the runoff flow rate with respect to time.

(15)   One hundred-year storm:  A precipitation event of twenty-four-hours’ duration, having a one percent chance of occurring in any one year.

(16)   Owner(s):  Every person, firm, organization, association or corporation listed on the records in the office of the city assessor as owning the particular property subject to this chapter.

(17)   Peak flow:  The maximum rate of flow of stormwater at a given point in a channel or conduit resulting from predetermined storm or flood.

(18)      Proposed Development:  Construction operation.  Also used to describe proposed construction, reconstruction, and redevelopment.

(19)        Regulation and Control Design Standards:  Design standards prepared by the Engineering Department specifically for stormwater management.

(20)   Retention basin:  A facility, structure or feature with no outlet, designed to retain stormwater over a period of time, with its release and discharge rate occurring over a longer period of time than in a detention facility.

(21)   Stormwater drainage system:  All means, natural or manmade, used for conducting stormwater to, through, or from a drainage area to the point of final outlet including, but not limited to, any of the following:  Open and closed conduits and appurtenant features, canals, channels, ditches, streams, swales, culverts, streets, and pumping stations.

(22)   Stormwater drainage facility:  Any element in a stormwater drainage system, which is made or improved by man.

(23)   Stormwater runoff:  The waters derived from precipitation within a tributary drainage area, flowing over the surface of the ground or collected in channels or conduits.

(24)   Time of concentration:  The elapsed time for stormwater to flow from the most distant point in a drainage area to the outlet or other predetermined point.

(25)   Two-year storm:  A precipitation event having a fifty (50) percent chance of occurring in any one year.

(26)   Two-year storm runoff:  The stormwater runoff having a fifty (50) percent probability of occurring in any one year.

(27)   Unprotected channel:  A channel which receives stormwater discharge and which is not paved, riprapped, or otherwise improved by addition of manmade materials so as to reduce the potential for erosion.

(28)   Upland area:  Any land whose surface drainage flows toward the area being considered for development.

(29)   Urbanization:  The development, change, or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.

(30)   Waterbody:  Any natural or artificial pond, lake, reservoir, or other area, which ordinarily or intermittently contains water and which has a discernable shoreline.

(31)   Watercourse:  Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.

(32)   Wet bottom detention basin:  A basin designed to retain a permanent pool of stormwater after having provided its planned detention of runoff during a storm event.

Sec. 29-3.1.  Stormwater certificate.

(1)      Stormwater certificate.  Notwithstanding the requirements of subsections 29-3.1(2) and 29-3.1(4), a stormwater certificate shall be valid for a period of three (3) years from June 15th of the year of issuance and shall be renewed upon expiration for an additional three-year period.  Notwithstanding the requirements of subsection 29-3.1(4), a stormwater certificate fee, the amount of which shall be specified in chapter 21, shall be paid prior to issuance of all certificates except for those certificates issued for new facilities.  The city engineer shall inspect each stormwater facility before issuing or renewing a certificate to insure that the facility complies with the requirements of this chapter and the stormwater regulation and control design standards.  The city engineer may require the owner of the facility to submit additional information.  The chief building official shall not issue a permanent certificate of occupancy until such time that a stormwater certificate has been issued.  Upon approval of the city engineer, the chief building official may issue a temporary certificate of occupancy prior to the issuance of a stormwater certificate. 

(2)      New facilities.  Upon completion of the new construction, development, redevelopment or land use change for which the stormwater permit was issued, the property owner or representative shall contact the city engineer to schedule a final inspection of the stormwater facility.  Upon determination by the city engineer that the facility complies with all requirements of this chapter and the stormwater regulation and control design standards, a stormwater certificate shall be issued at no additional cost.  

(3)      Certified facilities.  No later than two (2) months prior to the expiration of a stormwater certificate, the city engineer shall notify the owner of the facility of the requirement to renew the certificate and to inspect the facility.  The owner of the facility shall renew the certificate no later than the calendar month in which the certificate expires.  In the event that the certificate is not renewed and becomes delinquent, additional fees shall be assessed as specified in Chapter 21.

(4)      Existing facilities.  The city engineer shall provide written notification of the stormwater certificate requirements to all known owners of stormwater facilities regulated by this chapter and in existence as of the effective date of the ordinance from which this section derives.  All existing facilities shall be formally certified by November 1, 2001.  Initial certifications for existing facilities will not be assessed a fee.  The terms and fees for stormwater certificates issued for existing facilities shall be as follows:

(i)        Stormwater certificates issued for one-third (1/3) of these facilities, as determined by the city engineer, shall be renewed by June 15, 2002 and shall be renewable every three (3) years thereafter.  Certificates for these facilities will be placed in Group 1.  The fee for said certificate renewal shall be assessed pursuant to Section 21-151 of this Code of Ordinances. 

(ii)       Stormwater certificates issued for one-third (1/3) of these facilities, as determined by the city engineer, shall be renewed by June 15, 2003 and shall be renewable every three (3) years thereafter.  Certificates for these facilities will be placed in Group 2.  The fee for said certificate renewal shall be assessed pursuant to Section 21-151 of this Code of Ordinances.

(iii)     Stormwater certificates issued for one-third (1/3) of these facilities, as determined by the city engineer, shall be renewed by June 15, 2004 and will be renewable every three (3) years thereafter.  Certificates for these facilities will be placed in Group 3.  The fee for said certificate renewal shall be assessed pursuant to Section 21-151 of this Code of Ordinances.

All new certificates and certificate renewals shall become effective June 15 of the year of issuance for each Group.  All certificates will be placed in Groups 1, 2, or 3 as determined by the city engineer.  The information obtained during this process shall be recorded in the registry established pursuant to section 29-44.

Sec. 29-4.  Other requirements.

     In additional to meeting the requirements of Section 29-3 and the more specific requirements of Article II of this chapter and before starting any activity regulated by this chapter, an applicant shall comply with the requirements set forth in all other related ordinances and state statutes and regulations. 

ARTICLE III.  ADDITIONAL SUBDIVISION AND BUILDING IMPROVEMENT REGULATIONS

Sec. 29-32.  Drainage and detention design requirements.

            All subdivisions and other proposed improvements which are subject to the provisions of Section 29-10 shall incorporate such design features as are required in this chapter.  Variation from these requirements shall require the approval of the city council whose action shall be conditioned upon the following:

     (1) That petition be submitted describing in detail the rationale for the proposed design change.

     (2) That there are special circumstances or conditions affecting the property under consideration such that strict compliance with the provisions of this chapter would deprive the applicant of the reasonable use of his land.

     (3) That the variance is necessary for the preservation and enjoyment of a substantial property right of the proprietor.

     (4) That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the territory in which said property is located.

     (5) That an affirmative recommendation be received from the city engineer supporting such variance.  In the event that the city engineer does not submit an affirmative recommendation, that a recommendation be received from the sewer board of appeals as authorized by section 29-42 of this chapter.

Sec. 29-39.  Deficiencies; corrections.

     If, during the city engineer’s inspection of a stormwater facility, deficiencies in the facility or conditions creating nuisances are found, the owner shall be required to make the necessary corrections to the facility within a reasonable amount of time; provided, however, such period of time shall not exceed sixty (60) days.  The owner shall be notified in writing of the existence of the violation.  The notice shall be delivered by certified mail and shall state the date of the inspection, the nature of the violation and the time within which the necessary corrections must be made.  The cost of making all corrections shall be the responsibility of the property owner.  If, after sixty (60) days, the facility remains deficient, the city engineer shall initiate enforcement actions for compliance with this ordinance.  (Ordinance adopted.)

 

Ordinance Amendment – Downtown Streetscape/Sidewalk Use Policy

Jon Lynch, Director of Planning and Community Development, spoke on a proposed amendment to Chapter 22 Article II.  Introduction and first reading of the following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING TWO NEW DIVISIONS WHICH NEW DIVISIONS SHALL BE DESIGNATED AS DIVISION 1 AND DIVISON 2 OF ARTICLE IIL OF CHAPTER 22 THEREOF.

The City of Midland Ordains:

Section 1.  Article II, Chapter 22, of the Code of Ordinances of the City of Midland is hereby amended by adding a new Division 1 and 2 to read as follows:

ARTICLE II.  SIDEWALKS

DIVISION 1.  IN GENERAL

Sec. 22-16.  Reserved.

Sec. 22-1716.  Construction of sidewalks and assessment procedures.

         The city manager shall prepare and submit to the council annually on or before the first day of March a description of all locations not having sidewalks on both sides of improved city streets.  Said list shall estimate the cost to the city and the cost to the landowner to install sidewalks at each location, together with any comments concerning said location which the city manager desires to make.  The council shall thereafter initiate an annual sidewalk program encompassing as many of these locations as it may determine should be included for the construction of sidewalks on either or both sides of these streets in accordance with the special assessment procedures of Chapter 20 of the Code of Ordinances.

Sec. 22-1817.  Sidewalk construction standards; permit.

      All sidewalks shall be constructed in strict conformity with grades and specifications pertaining thereto adopted or approved by the city engineer.  No sidewalk shall be constructed by a property owner or sidewalk builder hired by a property owner until a written permit for such work shall have been obtained from the city engineer and the required fee has been paid.


Sec. 22-1918.  City engineer to set sidewalk line, grade; keep records.

      Wherever sidewalks are ordered constructed on any street or any part thereof, or where a permit has been issued for the construction of a sidewalk, it shall be the duty of the city engineer to indicate the sidewalk line and grade by setting stakes.  A record of such information shall be kept in the city engineer’s office.

 

Sec. 22-2019.  Doors, gratings, etc., in sidewalks.

      No person shall place any door in any sidewalk unless the design and specifications therefor shall be approved by the city engineer.  No open iron grating or other open devices, nor any device containing glass, shall be placed in or used as the surface of any sidewalk unless such device conforms to the specifications provided by the city engineer.

Secs. 22-21 - 22-24.  Reserved.

Sec. 22-2520.  Sidewalk construction; initiation and costs.

      Sidewalk construction may be initiated under the provisions of Article II or Article II of Chapter 20 or upon the written request of the property owner to the city engineer.  The cost of construction, except as otherwise provided in Chapter 20, shall be as follows:

(1)       Where a lot has multiple frontage and cannot be divided into one (1) or more additional lots, the property owner shall pay all of the costs of construction on the narrow side and all of the cost on any additional required sidewalk.

(2)       Where a property owner has on his own initiative applied for a permit to construct or have constructed a sidewalk and the provisions of section 22-25(1) apply, no permit shall be issued unless sufficient funds for city reimbursement are available.  Reimbursement shall be made by the city upon certification of satisfactory completion by the city engineer.  Reimbursement shall be at one-half the actual cost of the additional construction but in no case shall exceed one-half (1/2) the rate contained in the most recent city awarded contract for sidewalk construction.

Sec. 22-2621.  Sidewalk construction -- Who may perform.

      The owner of property adjacent to a proposed sidewalk may contract with a licensed sidewalk builder to have such sidewalk laid and constructed or such owner may construct any such sidewalk upon obtaining the permit required in section 22-18.  This right may also be granted within time periods as defined under sidewalk proceedings under Chapter 20.

Secs. 22-27 - 22-29.  Reserved.

Sec. 22-3022.  License for sidewalk builders.

      Any person in the business of sidewalk builder, including construction and repair, shall comply with the licensing provisions of Chapter 15 of this Code and pay the required license fee.

Sec. 22-3123.  Sidewalk repair defined.

      The term “sidewalk repair” as used in this article and Chapter 20 shall include any reconstruction work of existing defective sidewalks including replacement, relaying, patching, filling to grade or grading that may be required to bring the existing sidewalk to a condition satisfactory for public use.

Sec. 22-3224.  Initiating sidewalk repair.

      The repair of any public sidewalk may be initiated by a request of the owner or owners of the property affected to the city engineer, by the city engineer, or by a resolution adopted by the city council ordering the work done.

Sec. 22-3325.  Budget restrictions.

      Before any sidewalk repairs are ordered or approved by the city engineer, there first shall be sufficient funds available in the annual city budget for sidewalk repair.

Sec. 22-3426.  Sidewalk repairs to be by city.

      Sidewalk repairs which are ordered shall be made by the city, either by force account or by contract, unless the city engineer shall provide that the work may be done by an abutting owner.  The cost thereof, including engineering and inspection, shall be borne by the city; except in cases where the city engineer shall permit repair work to be done by an abutting owner, he shall determine the reasonable cost thereof to be borne by the city which shall be reimbursed to said abutting owner.

Sec. 22-3527.  Sidewalk defects caused by negligence.

      The city shall have the right, through the city engineer, to order a sidewalk repaired by persons who have caused the repair to be necessary or make the repair and bill the cost thereof to such persons.  Such repairs are those caused by excavating under or adjacent to the sidewalk, caused by placing weight upon the sidewalk greater than its design capacity, or caused by defective sidewalk construction performed by the adjacent property owner or his agents.

Secs. 22-36, 22-37.  Reserved.

DIVISION 2.  DOWNTOWN STREETSCAPE

Sec. 22-36.  Downtown Development Authority District Public Sidewalk Use Policy.

In the interest of promoting business by increasing activity and improving the general business climate in the Downtown Development Authority District, that being the area specified in Chapter 30, Sec. 30-5, the City of Midland may issue revocable permits to businesses within the district who apply for a permit to operate an exterior establishment as an extension of, or compatible with, the existing business on a portion of a public sidewalk.  This language shall not be construed as to require sidewalk occupancy permits for entities participating in periodic, district-wide events such as those sponsored by the Downtown Development Authority or Downtown Business Association.  Exterior activities are limited to activities carried on by the existing business.  A permit may be issued under the following terms and conditions:

(a)  Administration - Such permits shall be issued by the City Manager, or his designee.

1.    Permits will be issued when the City is able to determine that the requested public sidewalk use permit will not:

a.    Unreasonably interfere with the use of the street for pedestrian or vehicular travel.

b.   Unreasonably interfere with the view of, access to, or use of property adjacent to said street.

c.  Unreasonably interfere with street cleaning or snow removal activities.

d.  Cause damage to the street, trees, benches, landscaping, or other objects lawfully located within the street right-of-way.

e.   Cause a violation of any state or local laws.

f.   Be principally used for off-premises advertising.

g. Be attached to, or reduce the effectiveness of or access to, any utility pole, sign, or other traffic control device.

h.   Reduce pedestrian travel area of any sidewalk to less than five feet in width.

i.    Hinder safe pedestrian use of sidewalks or safe ingress or egress to any building.

2.    Applications to alter existing streetscape elements in order to better accommodate private use of public sidewalk shall be reviewed by the departments of Engineering, Public Utilities, and Public Works.  Upon receiving a report outlining departmental reviews, the Downtown Development Authority shall offer a recommendation regarding approval of the application to the City Council.  Expenses associated with requested changes shall be borne by the applicant.

(b)  Sale of Food and Beverages - To secure a public sidewalk use permit for the sale of food and/or beverages in an area located on a public sidewalk, the following conditions must be met:

1.      Areas of the sidewalk used for the consumption of alcohol shall be enclosed by a structure approved by the Downtown Development Authority.  The purpose of this structure shall be to delineate the private use area from the public access area of the sidewalk.  Said structure shall be aesthetically compatible with the streetscape and area buildings.  The structure will be removable to accommodate efficient snow removal activity but yet of sufficient construction so as to prevent relocation by patrons or pedestrians.

2.   Sidewalk areas used for the sale and/or consumption of food and/or beverages shall be kept in a clean and orderly manner and shall, at a minimum:

a.    Be provided with adequate solid waste receptacles so as to allow for the convenient disposal of waste materials associated with the private use of the sidewalk space.

b.  Tables, chairs, and other appurtenances of the food and/or beverage consumption area shall be placed in such a manner so as not to hinder safe pedestrian use of the sidewalk and shall not block ingress or egress to any building.

(c)   Insurance Requirements - Prior to the issuance of a sidewalk occupancy permit, the applicant must supply the City with a certificate of liability insurance in an amount to be determined by the City.  The certificate of insurance must be in effect for at least the period that the permit will be issued.  In addition, the applicant shall indemnify and hold harmless the City from all claims or damages incident to the creation and operation of an outside establishment.

(d)   Effective Dates and Hours of Operation - All permits shall specify the dates and duration of the permitted sidewalk occupancy, and the permits shall be valid for only the specified period.  Permits may not be granted for a period in excess of twelve (12) months. All permits shall specify the hours during which the permitted sidewalk occupancy may occur during any given day of the valid permit period.

(e)   Revocation - All permits issued under this ordinance are subject to immediate revocation by the City Manager, or his designee, for failure to comply with any or all provisions of this ordinance.

Section 2.  This ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Sycamore Tree Report

Martin McGuire, Director of Public Services, presented a report regarding inquiries on Sycamore trees.  The Department of Public Services has received complaints from residents who are concerned about early leaf dropping and peeling of bark on the Sycamore trees. The Department of Public Services maintains a policy that live trees will only be removed in cases where the tree is in a hazardous condition, if dead or near dead, or the infection of a tree poses imminent danger to other trees.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that the City Council hereby receives and files the staff report, dated June 21, 2001, on Sycamore Trees.  (Motion adopted.)

 

Preliminary Plat of Hearthstone Estates No. 3

Jon Lynch, Director of Planning and Community Development, presented information on the Preliminary Plat of Hearthstone Estates No. 3.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Hearthstone Estates No. 3; and

WHEREAS, the plat was given final approval by the City Council on November 3, 1997, as part of the larger plat of Hearthstone Estates, said approval having expired in 1999; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland, with a variance for the spacing of the intersection of the subdivision access street with Roundtree Circle; and

WHEREAS, the approval of the Midland County Drain Commissioner has been received; now therefore

RESOLVED, that the City Council hereby gives tentative and final approval to the Preliminary Plat of Hearthstone Estates No. 3, in accord with the drawing dated April 19, 2001, and in accord with Section 23-14 and 23-15 of the Code of Ordinances of the City of Midland, conditioned upon a variance from Section 23-53 of the Code of Ordinances for the spacing of the intersection of the subdivision access street with Roundtree Circle, based on at least one of the following:

1.    There are special circumstances or conditions affecting said property such that strict compliance to the provisions of this chapter would deprive the applicant of the reasonable use of his land.

2.    The variance is necessary for the preservation and enjoyment of a substantial right of the proprietor.

3.    The granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is located.

(Motion adopted.)

 

Extension of Pricing – Construction Material

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, bids were awarded by City Council for the annual supply of construction materials which established pricing from July 1, 2000 to June 30, 2001; and

WHEREAS, staff recommends changing the cycle to award material bids in January of each calendar year to establish pricing for the entire construction season, which occurs between March and November each year; and

WHEREAS, suppliers of construction materials have agreed to extend their pricing for the remainder of this construction season which occurs between July 1 and December 31, 2001, so that new bids for materials can be solicited and awarded in January 2002; and

WHEREAS, funds for material expenditures are included in the Operating Supplies line item in General Fund and Street Fund activities; now therefore

RESOLVED, that prices on construction materials accepted in June 2000 are hereby extended and that material expenditures anticipated to exceed $20,000 between July 1 and December 31, 2001 are approved.  (Motion adopted.)

 


Extension of Pricing – Sidewalk Construction

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, a bid was awarded by City Council to Sugar Construction for contracted sidewalk construction for the period of July 1, 2000 to June 30, 2001; and

WHEREAS, staff recommends changing the award cycle for contracted sidewalk construction to January of each calendar year to establish pricing for the entire construction season, which occurs between March and November each year; and

WHEREAS, Sugar Construction has agreed to extend their pricing for the remainder of this construction season which occurs between July 1 and December 31, 2001, so that new bids for contracted sidewalk construction can be solicited and awarded in January 2002; and

WHEREAS, $150,000 in funding is available in the 2001-02 budget under Contracted Sidewalk Construction; now therefore

RESOLVED, that extended prices on contracted sidewalk construction from Sugar Construction accepted in June 2000 are hereby extended and that expenditures for sidewalk construction is authorized up to the budgeted amount.  (Motion adopted.)

 

Short-term Overflow Storage Basin Agreement & Grant of Easement

Noel Bush, Director of Utilities, reviewed the “Short-term Overflow Storage Basin” Agreement and Grant of Easement between the City of Midland and The Dow Chemical Company for the construction and operation of an overflow storage basin on property owned by The Dow Chemical Company.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the City desires to construct and operate a short-term overflow storage basin on property owned by The Dow Chemical Company located to the adjacent west to the City of Midland’s Wastewater Treatment Plant; and

WHEREAS, City of Midland supported the transfer of 400 pounds/day authorized effluent ammonia allocation from its NPDES permit to Dow Chemical's NPDES permit to allow uninterrupted manufacturing production in Dow Chemical's Michigan operations in exchange for a perpetual easement to the City of Midland enabling the City to construct and operate a 43.5 million gallon overflow storage basin on the desired property; and

WHEREAS, the parties have finalized documents titled “Short-Term Overflow Storage Basin” Agreement establishing how the City will use the property and the Grant of Easement providing the City the right to use the property; now therefore 

RESOLVED, that Council approves the “Short-Term Overflow Storage Basin” Agreement and Grant of Easement, and authorizes the Mayor and City Clerk to execute these agreements.  (Motion adopted.)

 

Purchase – Insurance Coverage for 2001-02

Robert Fisher, Director of Fiscal Services and Ken Beres, an expert in the area of municipal risk management from Consulting, Inc., explained the process used to assess the insurance coverage needs of the City of Midland.  Sealed bids for property and liability insurance were opened on June 14, 2001, and were reviewed by staff and Mr. Beres.  Prior to discussion on the recommendations, City Manager Karl Tomion disclosed that in regard to workers’ compensation coverage he currently serves on the Board of Directors of the MML WCF.  Mr. Beres recommended that the City accept the bid of A.J. Gallagher Insurance Agency for property and liability insurance, Bailey Agency and the Althoff Agency for airport liability insurance and the Michigan Municipal League Workers Compensation Fund for workers’ compensation insurance.  Joe Perry, representative of A.J. Gallagher Company was present to answer any questions.  Mike Beale, a Midland attorney, questioned the coverage of the insurance.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the various insurance requirements of the City of Midland for its fiscal year beginning July 1, 2001; and

WHEREAS, funding for these purchases is provided in the 2001-02 budgets of the General Fund and other funds; now therefore

RESOLVED, that the proposal submitted by the A.J. Gallagher Insurance Agency for property and liability insurance in the amount of $371,992 is hereby accepted as being the most favorable to the City of Midland; and

RESOLVED FURTHER, that the proposal submitted by the Bailey Agency and the Althoff Agency for airport liability insurance in the amount of $6,612 is hereby accepted as being the most favorable to the City of Midland; and

RESOLVED FURTHER, that the proposal submitted by the Michigan Municipal League Workers’ Compensation Fund for workers’ compensation insurance in the amount of $268,097 is hereby accepted as being the most favorable to the City of Midland.  (Motion adopted.  Yeas:  Black, Currie, McKeag   Nays:  Coppage)

 

Sale of Homes

Jon Lynch, Director of Planning and Community Development, presented information on the purchase agreements for the sale of two C.H.O.I.C.E. homes and the sale of a house built through the joint effort of the City of Midland and Midland Public Schools Building Trades classes.  The following three resolutions were then presented for consideration.

 

Sale of C.H.O.I.C.E. House at 205 Bradley Court

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 205 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated June 18, 2001, was submitted by Robert W. Hoyt, Jr. and Tracy V. Hoyt, in the amount of the appraised value of $87,500.00 plus the value of selected appliances; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a third mortgage in the amount of $5,000.00 will be recorded but forgiven at a rate of 20 percent per year over five years; now therefore

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion adopted.)

 

Sale of C.H.O.I.C.E. House at 217 Bradley Court

The following resolution was offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 217 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated June 18, 2001, was submitted by Cheryl L. Novak, in the amount of the appraised value of $87,000.00; and

WHEREAS, the purchaser will obtain a conventional mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a third mortgage in the amount of $5,000.00 will be recorded but forgiven at a rate of 20 percent per year over five years; now therefore


RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion adopted.)

 

Sale of House at 3520 W. Wackerly Street

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3520 West Wackerly Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated June 14, 2001, was submitted by Edgar P. Crandell, Jr. and Lisa M. Crandell, in the amount of  $130,000.00, which is the appraised value of the home; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; 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.)

 

Police Command Officers Labor Agreement

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Command Officers for labor contract changes effective July 1, 1999 and expiring June 30, 2002; and

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

 

2001 Patrick Force Main Sewer; Contract No. 26

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a force main sewer along Patrick Road from 1000 feet east of Swede Avenue to Waldo Avenue; and

WHEREAS, funding for this project is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that the low sealed bid submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2001 Patrick Force Main Sewer; Contract No. 26", in the indicated amount of $141,128.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 


Back-Up Generators; Bid No. 2472

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, sealed bids for the Back-Up Generators, Bid No. 2472, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds will be made available from the proceeds of the 2001 Sanitary Sewer General Obligation Bonds; now therefore

RESOLVED, that the lone bids of $31,307 for a Onan 230DFAB generator and $19,292 for a 80 DGDA generator submitted by Standby Power, Inc. of Redford, Michigan are hereby accepted and issuance of a purchase order in the aggregate amount of $50,599 is authorized.  (Motion adopted.)

 

Final Payment for Contracted Legal Services – Bay City Road Interchange Project

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the City of Midland has entered into an agreement with the Michigan Department of Transportation to construct a full interchange at the intersection of Bay City Road and US-10; and

WHEREAS, pursuant to said agreement, the City of Midland is required to pay all legal fees associated with the acquisition and condemnation of the property required for said intersection; and

WHEREAS, the services of the law firm of Miller, Canfield, Paddock & Stone have been retained to assist the City of Midland with its efforts in the acquisition and condemnation of said property; and

WHEREAS, the acquisition and condemnation phases of the project have been completed; and

WHEREAS, the final bill from the attorneys from Miller, Canfield, Paddock & Stone exceeds our prior approval by $6,482.72; and

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

WHEREAS, funds are available in the Bay City Road/US-10 Interchange Construction Project account for this purpose; now therefore

RESOLVED, that final payment to the law firm of Miller, Canfield, Paddock & Stone for legal services in the matter of the aforementioned Bay City Road/US-10 Interchange Project is hereby authorized to a final amount of $926,482.72 for the acquisition activities phase.  (Motion adopted.)

 

Payment – Accounting Services (Dow Chemical Tax Appeal)

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the public accounting firm of Plante and Moran, LLP, are required to assist the City in its defense of The Dow Chemical Company’s appeals; and

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

WHEREAS, sufficient budgetary funding exists within The Dow Chemical Company Tax Appeal activity of the 2000-2001 General Fund Budget; now therefore

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

RESOLVED FURTHER, that payment to Plante and Moran, LLP, for professional services in connection with the aforementioned defense of The Dow Chemical Company is hereby authorized in an amount not to exceed $50,000.  (Motion adopted.)

 

Payment – Accounting Services (Dow Corning Tax Appeal)

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the public accounting firm of Plante and Moran, LLP, are required to assist the City in its defense of Dow Corning’s appeals; and

WHEREAS, on April 9, 2001, the City Council authorized payment for said services in connection with the 1996, 1997, 1998, 1999 and 2000 appeals in an amount not to exceed $156,000; and

WHEREAS, sufficient budgetary funding exists within the Dow Corning Corporation Tax Appeal activity of the 2000-2001 General Fund Budget; now therefore

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

RESOLVED FURTHER, that payment to Plante and Moran, LLP, for continued professional services in connection with the aforementioned defense of the Dow Corning Corporation is hereby authorized in an amount not to exceed $196,000.  (Motion adopted.)

 

Agreement for Economic Development Services

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED,   that the Mayor and City Clerk are authorized to execute an agreement for the year July 1, 2001, through June 30, 2002, with the Midland Economic Development Council for economic development services at a cost to the City not to exceed $85,000.  (Motion adopted.)

 

Zoning Petition No. 477

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 23, 2001, 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; and

RESOLVED FURTHER, that the City Clerk is hereby directed to mail notice of said public hearing to owners of real property originally notified of the Planning Commission public hearing regarding the matter.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE RESIDENTIAL A-1 ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

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

     That property described as:  Beginning 28 rods East of the Northwest Corner of the West 1/2 of the Northwest fractional 1/4 of Section 5; thence East 165 feet, South 264 feet, West 165 feet, North 264 feet to beginning,

     be, and the same is hereby changed to an Office-Service 2 District.

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

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Zoning Petition No. 478

The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 23, 2001, 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; and

RESOLVED FURTHER, that the City Clerk is hereby directed to mail notice of said public hearing to owners of real property originally notified of the Planning Commission public hearing regarding the matter.

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 C AND AN INDUSTRIAL A ZONING CLASSIFICATION WHERE AGRICULTURAL AND 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:  Beginning 627.71 feet South 88° 24’ 28” East, 50 feet South 01° 35’ 32” West from the West 1/4 corner of Section 19, T14N, R3E, City of Midland, Bay County, Michigan; thence South 88° 24’ 28” East 44.62 feet; thence South 01° 35’ 32” West 45.14 feet; thence South 88° 24’ 28” East 94.97 feet to the US-10 right-of-way; thence South 43° 24’ 30” East 144.15 feet; thence South 01° 37’ 10” East 179.98 feet; thence along a curve to the left, radius of 951.44 feet, chord of South 22° 23’ 44” East 543.90 to the West 1/8 line; thence along a curve to the left, radius 951.44 feet, chord of South 39° 28’ 03” East 16.21 feet; thence South 47° 57’ 27” East 583.77 feet; thence South 50° 21’ 14” East 232.76 feet; thence along a curve to the left, radius 803.81 feet, chord of South 57° 17’ 22” East 33.11 feet; thence South 00° 40’ 47” West 615.60 feet; thence North 64° 55’ 15” West 363.85 feet; thence North 00° 40’ 47” East 129.29 feet; thence North 88° 27’ 12” West 671.51 feet; thence North 00° 34’ 00” East 243.14 feet; thence North 88° 27’ 12” West 295.04 feet; thence North 00° 34’ 00” East 1273.77 feet; thence South 88° 24’ 28” East 172 feet; thence along acurve to the left, radius of 167 feet, chord of North 17° 39’ 41” West 54.41 feet; thence along a curve to the right, radius of 233 feet, chord of North 15° 57’ 00” East 129.79 feet; thence North 00° 34’ 00” East 24.84 feet; thence South 88° 24’ 28” East 65.74 to the place of beginning,

    be, and the same is hereby changed to a Business C District; and

     That property described as:  Beginning 627.71 feet South 88° 24’ 28” East, 50 feet South 01° 35’ 32” West 65.74 feet; North 88° 24’ 28” West; 24.84 feet South 00° 34’ 00” West; 129.79 feet South 15° 57’ 00” East; 54.41 feet South 17° 39’ 41” East; 172 feet North 88° 24’ 28” West; and 1273.77 feet South 00° 34’ 08” West from the West 1/4 corner of Section 19, T14N, R3E, City of Midland, Bay County, Michigan; thence South 00° 34’ 00” West 1133.16 feet to the South Section line; thence South 88° 27’ 12” East 640.63 feet; thence North 00° 36’ 47” East 330 feet; thence South 88° 27’ 12” East 330 feet; thence South 00° 36’ 47” West 330 feet; thence South 88° 27’ 12” East 325.64 feet; thence North 00° 40’ 47” East 250 feet; thence North 88° 27’ 12” West 80 feet; thence North 00° 40’ 47” East 80 feet; thence South 88° 27’ 12” East 80 feet; thence North 00° 40’ 47” East 285.52 feet; thence North 64° 55’ 15” West 363.85 feet; thence North 00° 40’ 47” East 129.29 feet; thence North 88° 27’ 12” West 671.51 feet; thence North 00° 34’ 00” East 243.14 feet; thence North 88° 27’ 12” West 295.04 feet to the place of beginning,

    be, and the same is hereby changed to an Industrial A 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.)

 

NEW BUSINESS – House Bill No. 4960

Council held a discussion on House Bill No. 4960.  The bill would codify municipal sewer backup liability as established by the Michigan Court of Appeals in C,S & P v. City of Midland.  HB4960 would establish that governmental agencies would be liable for damages in an action for Trespass-nuisance for property damage or personal injury or death if the claimant proves:  1) the physical intrusion is of water or sewer flowing from a sewage or drain system  2) the sewer or drain system is under the jurisdiction and control of the governmental agency or 3) the governmental agency’s negligence caused the physical intrusion.  Council agreed that it was in opposition to this bill as written.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

RESOLVED, that the appropriate legislative officials be notified by letter that the Midland City Council wishes to express its opposition to House Bill No. 4960 in its present form.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:53 p.m.

 

 

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            Penny K. Kovacevich, City Clerk