February 11, 2002

 

A regular meeting of the City Council was held on Monday, February 11, 2002, 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, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the January 28, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

5th Anniversary of the Midland Academy of Advanced & Creative Studies

Jack Duso, Assistant City Manager, introduced Chancellor Kathryn Shick from the Midland Academy of Advanced & Creative Studies.  Mayor Black and City Council recognized the Midland Academy of Advanced & Creative Studies upon its 5th Anniversary.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing The Midland Academy of Advanced and Creative Studies upon their 5th anniversary.  (Motion adopted.)  Mayor Black presented the Recognition to Chancellor Shick.

 

PUBLIC COMMENTS

Charles Hepenstal, 1317 North Parkway, commented on statements made by Mayor Black at the January 28, 2002 meeting regarding the appointment of the City’s representative to the MBS International Airport Commission.

 

Fay Wood, 3501 Bay City Road, suggested the City Council initiate different walks or programs that would require donations that could be used to fund some of the other programs within the City of Midland.

 

Richard McCreadie, 2700 Washington, commented on the use of the consent agenda.

 

B B Banucks Liquor License

Jack Duso, Assistant City Manager, presented information on the status of the B B Banucks liquor license.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, Section 5.4 (g) of the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises states as follows:

In connection with any recommendation made by the City Manager to the City Council pursuant to Section 5.3 concerning non-renewal or revocation of a liquor license and any subsequent decision by the City Council to recommend non-renewal or revocation of a liquor license to the Liquor Control Commission, both the City Manager and the City Council shall make said recommendations on the basis of whether any one or more of the following exists or has occurred:

(g) Non-use of the liquor license for a consecutive period of time of three (3) or more years from the time the liquor license is first placed into escrow with the Liquor Control Commission.  (The term “non-use” shall be interpreted to mean the absence of actual use or utilization of a specific Class “C” liquor license or a specific liquor license other than a Class “C” liquor license which also permits consumption of alcoholic beverages on the premises in connection with the actual operation of a primary business activity as the latter term is described in Section 1.2 of this Statement of Policy.)

; and

WHEREAS, the Class C Liquor License held by B B Banucks was placed in escrow by the Liquor Control Commission on July 15, 1998 and said license has remained in escrow since that date; and

WHEREAS, the owner of said license was notified on March 20, 2001 that if the license remained in escrow on or after July 15, 2001 that the City Manager is directed by the City Council to initiate the revocation process as a result of a violation of Section 5.4 (g) of the above policy; and

WHEREAS on August 13, 2001 the City Council scheduled a show cause hearing for September 10, 2001 and directed the City Manager to notify the B B Banucks license holder of the show cause hearing; and

WHEREAS, on September 10, 2001 the City Council conducted a show cause hearing in accord with Section 5.5 of said policy at which time the license holder and his legal counsel appeared and presented information to the City Council as to why the license should not be revoked; and

WHEREAS, on October 8, 2001 the City Council received a report on the Findings of Fact in this matter prepared by the City Manager and directed the City Manager to notify the license holder that he must submit a schedule for activating this license acceptable to the City Council by not later than October 18, 2001 or the City Council would recommend revocation of the license to the Liquor Control Commission; and

WHEREAS, on October 18, 2001 the license holder did submit a schedule for the City Council’s consideration at the regular City Council meeting held on October 22, 2001; and

WHEREAS, on October 22, 2001 the City Council adopted a resolution establishing a deadline of February 28, 2002 by which date the license holder must have said liquor license activated in a proposed restaurant facility located at 5103 Eastman Avenue, Midland, Michigan that must be open for business; and

WHEREAS, said October 22, 2001 resolution stipulates that if the February 28 deadline is not met, then the City Council shall immediately consider a recommendation to the Liquor Control Commission to revoke the B B Banucks liquor license; and

WHEREAS, the next regular meeting of the City Council following the February 28, 2002 deadline will be conducted on March 11, 2002; now therefore

RESOLVED, that if the conditions related to the above established deadline are met on February 28, 2002 by the B B Banucks license holder, then the City Council hereby considers the matter of the violation of said policy to be resolved; and

RESOLVED FURTHER, that if the conditions related to the above established deadline are not met on February 28, 2002 by the B B Banucks license holder, then the City Manager is hereby directed to place on the March 11, 2002 City Council agenda a resolution to revoke the B B Banucks liquor license for consideration by the City Council.  (Motion adopted.)

 

Parks & Recreation – Recommendations (Recreational Projects/Plymouth Pool/Civic Arena)

Martin McGuire, Director of Public Services, presented material on possible bonding for recreational projects and grant funding for the Plymouth Pool and Civic Arena projects.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the Parks and Recreation Commission has extensively studied the issues surrounding recreational facilities; and

WHEREAS, the Commission has concluded that Plymouth Pool should be renovated and that the Civic Arena should be replaced; and

WHEREAS, the Commission has by resolution, recommended that the two projects be linked as recreational facility projects and that the City Council develop a strategy to accomplish both of these projects, which includes bonding as well as grant funding, initially sets the ice use fees in the range of $150.00 per hour and maintains the City subsidy for operations at or below the current levels; now therefore

RESOLVED, that the City Council hereby receives the recommendation of the Parks and Recreation Commission; and

RESOLVED FURTHER, that the City Council directs the administration to prepare information for the City Council on various bonding options and to solicit grant funding for the projects, and to study options for the disposition of the current Civic Arena.  (Motion adopted.)

 

West Main Street Historic District - Report to Residents & Schedule Joint Meeting

Jon Lynch, Director of Planning and Community Development, presented a report on the West Main Street Historic District.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, in April of 2001 sixteen individuals representing twelve of twenty-four properties within the West Main Street Historic District signed a petition seeking repeal of Ordinance No. 1336 of 1996 which established the District; and

WHEREAS, on October 29, 2001 the Midland City Council conducted a joint meeting with the West Main Street Historic District Commission and the petition requesting repeal was formally discussed, and

WHEREAS, upon concluding the joint meeting the City Council directed staff to provide a report regarding the issues raised during the joint meeting, and

WHEREAS, staff has submitted the requested report to the City Council for consideration,

RESOLVED, that the City Council directs the City Manager, or his appointee, to arrange an additional joint meeting with the West Main Street Historic District Commission as soon as practical for the purpose of discussing the staff report; and

RESOLVED FURTHER, that the City Manager shall cause a notice of said joint meeting as well as a copy of the staff report to be mailed to each owner of property within the West Main Street Historic District.  (Motion adopted.)

 

2002-03 Construction Project Priorities List

Brian McManus, City Engineer, presented the proposed 2002-03 Construction Project Priorities List.  Richard Fosgitt from Barto & King Consulting Engineers requested Council consider the addition of Perrine Road under Special Assessment Projects for the 2002-03 construction year.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2002-2003 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

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

RESOLVED, that City Council hereby approves said proposed construction project listing for 2002-2003 and directs the administration to include funding requests for the proposed projects in the 2002-2003 budget; and

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

 

Three New Roads – City of Midland Local Street System

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

 

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

           Greenwich Circle                    from Eastlawn Drive to end of cul-de-sac

           Laughton Drive                       from Isabella Street to end of street

           Welch Drive                            from Isabella Street to end of street

; and

WHEREAS, the centerline of Laughton Drive is described as:  Beginning 490 feet West of the West 1/8 corner on the South line of Section 13, T. 14 N., R. 1 E.; thence North 445 feet; thence North 53° 28’ East 100 feet, to the point of ending; and

WHEREAS, the centerline of Welch Drive is described as:  Beginning 689.9 feet West of the West 1/8 corner on the South line of Section 13, T. 14 N., R. 1 E.; thence North 331.73 feet, to the point of ending; and

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

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

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

 

Eastman and Monroe Road Intersection Improvements

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

 

WHEREAS, the Midland County Road Commission is completing a safety project to reconstruct and widen the intersection of Eastman and Monroe Roads during the 2002 construction season at an estimated cost of $396,000; and

WHEREAS, the Midland County Road Commission has received a $200,000 grant from the Michigan Department of Transportation for this project; and

WHEREAS, the Midland County Road Commission has requested that the City of Midland share in all the remaining costs of this project estimated at $196,000 for the benefit of the motoring public of the Midland area; now therefore

RESOLVED, that the City of Midland supports this safety improvement project and hereby allocates $98,000 from County Road Millage funding in the 2003/2004 Major Street Fund Budget to reimburse the Midland County Road Commission for half of the project costs beyond the $200,000 grant.  (Motion adopted.)

 

Annexation from Larkin Township – (Oakbrook Court)

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

 

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

PARCEL A:

PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS:  BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 34; THENCE S 89 DEG 35 MIN 11 SEC E, 2646.35 FT. ALONG THE EAST AND WEST 1/4 LINE, ALSO BEING IN PART THE NORTH PLAT LINE OF OAKBROOK ESTATES, AS RECORDED IN LIBER N OF PLATS, PAGES 23 - 25 OF MIDLAND COUNTY RECORDS TO THE CENTER OF SAID SECTION 34; THENCE N 00 DEG 08 MIN 07 SEC E, 659.22 FT.  ALONG THE NORTH AND SOUTH 1/4 LINE; THENCE N 89 DEG 33 MIN 14 SEC W, 1250.62 FT. ALONG IN PART THE SOUTH PLACE LINE OF ASSESSOR'S PLAT OF JULIE ANN ESTATES, AS RECORDED IN LIBER L OF PLATS, ON PAGES 26 AND 27 OF MIDLAND COUNTY RECORDS, ALSO BEING IN PART THE SOUTH PLAT LINE OF TE-AL ESTATES NO. 1, AS RECORDED IN LIBER O OF PLATS, ON PAGES 7 AND 8 OF MIDLAND COUNTY RECORDS; THENCE N 89 DEG 33 MIN 55 SEC W, 1061.17 FT. ALONG SAID SOUTH PLAT LINE OF TE-AL ESTATES NO. 1; THENCE N 89 DEG 39 MIN 02 SEC W, 116.12 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 220.00 FT.; THENCE N 89 DEG 39 MIN 02 SEC W, 220.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 93.95 FT. ALONG THE WEST SECTION LINE; THENCE S 89 DEG 35 MIN 11 SEC E, 240.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 150.00 FT.; THENCE N 89 DEG 35 MIN 11 SEC W, 240.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 196.00 FT. ALONG THE WEST SECTION LINE TO THE POINT OF BEGINNING.  CONTAINING 38.16 ACRES AND BEING SUBJECT TO JEFFERSON AVENUE RIGHT OF WAY AND ANY OTHER EASEMENTS OF RECORD.

PARCEL B:

PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS:  BEGINNING AT A POINT WHICH IS S 89 DEG 35 MIN 11 SEC E, 2094.69 FT. ALONG THE EAST AND WEST 1/4 LINE, ALSO BEING IN PART THE NORTH PLAT LINE OF OAKBROOK ESTATES, AS RECORDED IN LIBER N OF PLATS, PAGES 23-25 OF MIDLAND COUNTY RECORDS FROM THE WEST 1/4 CORNER OF SAID SECTION 34; THENCE S 89 DEG 35 MIN 11 SEC E, 551.66 FT. ALONG THE EAST AND WEST 1/4 LINE TO THE CENTER OF SAID SECTION 34; THENCE S 00 DEG 07 MIN 23 SEC E, 659.36 FT. ALONG THE NORTH AND SOUTH 1/4 LINE; THENCE N 89 DEG 35 MIN 06 SEC W, 353.26 FT. THENCE N 09 DEG 13 MIN 57 SEC E, 232.20 FT.; THENCE ALONG A 60.00 FT. RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 251 DEG 06 MIN 07 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 16 DEG 46 MIN 51 SEC W, 97.63 FT. ALONG THE CUL-DE-SAC RIGHT OF WAY OF OAKBROOK DRIVE OF SAID OAKBROOK ESTATES; THENCE N 85 DEG 41 MIN 56 SEC W, 210.00 FT. ALONG THE NORTH RIGHT OF WAY LINE OF SAID OAKBROOK DRIVE; THENCE N 00 DEG 05 MIN 41 SEC E, 322.36 FT. TO THE POINT OF BEGINNING.  CONTAINING 6.48 ACRES AND BEING SUBJECT TO ANY EASEMENTS OF RECORD.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk.  (Motion adopted.)

 

Traffic Control Order No. D-01-01

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

 

RESOLVED, that Traffic Control Order No. D-01-01 filed November 20, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal at the intersection of Swede Avenue and Wheeler Street shall operate on full color from 6:00 a.m. until 10:00 p.m. and “all red” four-way flash from 10:00 p.m. until 6:00 a.m. daily

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. P-01-11

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

 

RESOLVED, that Traffic Control Order No. P-01-11 filed November 20, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on the south side of Avalon Street from Woodview Pass to 110 feet east

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. P-01-12

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

 

RESOLVED, that Traffic Control Order No. P-01-12 filed November 28, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited from 7:30 a.m. to 4:30 p.m., Monday through Friday, on the north side of Hollybrook Drive and the west side of Friar Lane 150 feet from the crosswalk located 50 feet north of Hollybrook Drive on Friar Lane

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. R-01-03

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

 

RESOLVED, that Traffic Control Order No. R-01-03 filed November 26, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That right turn on red movements be prohibited from southbound Swede Avenue

onto Eastlawn Drive

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. S-01-06

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

 

RESOLVED, that Traffic Control Order No. S-01-06 filed November 20, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the existing stop control be removed for southbound Ellsworth Street at Ripley Street

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. S-01-07

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

 

RESOLVED, that Traffic Control Order No. S-01-07 filed November 20, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Sherwood Court will yield for Crescent Drive

is hereby made permanent.  (Motion adopted.)

 

National Day of Prayer Event – Amplified Sound Request

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

 

RESOLVED, that the request from the Midland National Day of Prayer Committee to utilize amplified sound during a National Day of Prayer event on May 2, 2002, from 6:30 – 9:00 p.m. at the Ashman Court Field and to rent the City stage for this event is hereby approved with the following stipulation:

(Motion adopted.)

 

 

 

Payment – Accounting Services (Dow Chemical Tax Appeal)

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

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000 and 2001 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, on October 22, 2001, the City Council authorized payment for said services in connection with the 1997, 1998, 1999, 2000 and 2001 appeals in an amount not to exceed $75,000; 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 $135,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $60,000 within the 2001-2002 General Fund budget from the Appraisal Fees account in the General Tax Appeal activity to the Audit Fees account in The Dow Chemical Company Tax Appeal activity.  (Motion adopted.)

 

Payment – Accounting Services (Dow Corning Corporation Tax Appeal)

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000 and 2001 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 October 22, 2001, the City Council authorized payment for said services in connection with the 1996, 1997, 1998, 1999, 2000 and 2001 appeals in an amount not to exceed $236,000; 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 $286,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $50,000 within the 2001-2002 General Fund budget from the Appraisal Fees account in the General Tax Appeal activity to the Audit Fees account in the Dow Corning Corporation Tax Appeal activity.  (Motion adopted.)

 

Circle Area Enhancement Study – Professional Services Agreement

Jon Lynch, Director of Planning and Community Development, presented information on a proposed professional services agreement for the Circle Area Enhancement Study.  Richard McCreadie, 2700 Washington and owner of a business located at 601 S. Saginaw Road, stated his belief that the study should be paid for by merchants within the area.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, in accord with Chapter 2, Article II, Section 2-18 of the Code of Ordinances, proposals have been solicited and received for the Circle Enhancement Report; and

WHEREAS, proposals were submitted by Beckett & Raeder, Gibbs Planning Group, Hamilton Anderson Associates, McKenna Associates, Vilican-Leman & Associates,

WHEREAS, members of the Circle Area Business Consortium interviewed the following firms: Hamilton Anderson Associates, Vilican-Leman & Associates and unanimously recommends hiring Hamilton Anderson Associates, Inc.; and

WHEREAS, the City will contribute up to $8,250 to this project, now therefore

RESOLVED, that the proposed Professional Services Agreement with Hamilton Anderson Associates be accepted in the amount of $33,970; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City.  (Motion adopted.)

 

Purchase – Furniture for Currie Clubhouse

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

 

WHEREAS, on April 24, 2000, the City Council accepted a gift of $1.2 million from the Currie Family to build a clubhouse at Currie Golf Course; and

WHEREAS, the architect estimated that $30,000 of the total amount would be needed for furnishings of the clubhouse; and

WHEREAS, Sec. 2-20 of the Code of Ordinances allows the City Council to approve purchases without sealed bids when donated funds are used; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to SPACE Inc. in the amount of $22,785.55 for the purchase of furniture for Currie Clubhouse, using funds donated for this purpose.  (Motion adopted.)

 

Requested Closure of Goldenwood Drive at Hedgewood Drive

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

 

WHEREAS, the Midland City Council, acting upon the request of Simon Toth on behalf of residents of Amberwood Subdivision, for the closure of Goldenwood Drive at Hedgewood Drive, within Amberwood Subdivision, as recorded in Liber P, Pages 8 and 9 of Plats, Midland County Records, referred the matter to the Midland City Planning Commission, the City Engineer, the Police Department, the Fire Department, the Director of Utilities, and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending that Hedgewood Street not be closed but that traffic calming measures be evaluated and applied on a temporary basis and that performance statistics be gathered for the purpose of evaluating effectiveness of the calming measures; and

WHEREAS, a response has been received from the City Engineer indicating objection to the vacation request; and

WHEREAS, a response has been received from the Fire Department indicating objection to the vacation request; and

WHEREAS, a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the closure of Goldenwood Drive at Hedgewood Drive, within Amberwood Subdivision; and

RESOLVED FURTHER, that the 11th day of March, 2002, 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 closure of said street, 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 public hearing notices to be mailed to area residents that had previously received notification of the Planning Commission public 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.)

 

Requested Vacation of Burch Street north of Soper and all of Madison Street

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

 

WHEREAS, the Midland City Council, acting upon the request of Marty McGuire, Director of Public Services to vacate all of Madison Street and Burch Street, north of Soper Street, located in the Plat of Elmwood and in unplatted land north of Elmwood, Midland County Records, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities, and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of Madison and Burch Street, north of Soper; and

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

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

WHEREAS, a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of all of Madison Street, and Burch Street, north of Soper Street; and

RESOLVED FURTHER, that the 11th day of March, 2002, 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 closure of said street, 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.)

 

Senate Bill 1016 Opposition

Council Member Wazbinski presented information on Senate Bill 1016 which would prohibit local units of government from prohibiting the use of “electric personal assistive mobility devices” on sidewalks or other public areas open to pedestrian traffic and urged Council to express its opposition to Senate Bill 1016.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the City Council hereby expresses its opposition to Senate Bill 1016 and directs the City Manager to send a letter to Senator Schuette urging him to oppose this proposed legislation.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:36 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk