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.
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Council members present: |
Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
None |
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.)
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.)
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:
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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