November 11, 2002
A regular meeting of the City Council was held on Monday, November 11, 2002, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Pro Tem Wazbinski presided. The Pledge of Allegiance to the Flag was recited in unison.
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Council members present: |
Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
Drummond Black (excused) |
Approval of the minutes of the October 28, 2002 regular and November 4, 2002 special meetings was offered by Council Member Currie and seconded by Council Member Griggs. (Motion adopted.)
Karl Tomion, City Manager, presented information on the creation of a Renaissance Zone for The Dow Chemical Company. The Dow Chemical Company is contemplating a new performance chemical plant that would be located somewhere in the continental United States. The Renaissance Zone is one incentive the City of Midland can offer to induce The Dow Chemical Company to build its plant in Midland. A public hearing opened at 7:09 p.m. William Kennett, 4209 Arbor Drive and Jenee Velasquez, Executive Director of Midland Economic Development Council, urged Council to support the creation of a Renaissance Zone for The Dow Chemical Company. The hearing closed at 7:13 p.m. The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:
WHEREAS, the City of Midland desires to expand economic activity and
increase employment within the community; and
WHEREAS, the City of Midland is committed to the economic growth and
well being of its residents; and
WHEREAS, the City of Midland wishes to establish the boundaries of the
Renaissance Zone to include the property commonly known as The Dow Chemical
Company property described in the legal description attached hereto as
Attachment A; and
WHEREAS, should the area be designated a Renaissance Zone, any tenant
occupying the zone will be exempt from certain taxes including those levied by
the City of Midland, the County of Midland and other local units of government
as provided under the Michigan Renaissance Zone Act, Public act 376 of 1996, as
amended; and
WHEREAS, Section 12 of the Act requires the State of Michigan to
reimburse intermediate school districts, community college districts, public
libraries, and the school aid fund for all revenues lost as the result of
establishment of renaissance zones; now therefore
RESOLVED, that the Midland City Council hereby approves the creation of
The Dow Chemical Company Renaissance Zone subject to a development agreement
between The Dow Chemical Company, the Michigan Strategic Fund and the City of
Midland approved by the City Attorney and City Manager; and
RESOLVED FURTHER, that the Midland City Council, in accordance with
Public Act 376 of 1996, as amended, consents to the exemption of all taxes
levied against all property located within or persons residing within The Dow
Chemical Company Renaissance Zone property and is aware that the following
estimated property tax revenue forfeiture will result by placing said property
in a Renaissance Zone during the first full year of operation.
1. City
of Midland $103,638
2. County
of Midland $ 73,194
3. Delta
Community College $
22,408
4. MCESA $ 10,360
5. Midland
Public Schools $229,131
Total
of All Jurisdictions $438,731
(Motion adopted.)
Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 494 – rezoning property on the west side of Eastman Avenue north of West St. Andrews from Limited Commercial, Manufacturing and Research and Residential A-1 District to Community. A public hearing opened at 7:24 p.m., Doug Chapman from the Dow Gardens supported the rezoning. The hearing closed at 7:29 p.m. The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Griggs:
ORDINANCE NO. 1548
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 COMMUNITY ZONING WHERE A LIMITED COMMERCIAL, MANUFACTURING AND RESEARCH AND 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:
Beg on the South line of Section 8, T14N, R2E, City of Midland, Midland County, Michigan, 520 ft, East of the East 1/8 line; thence North 495 ft; thence West 265 ft.; thence North 150 ft.; thence West to the East 1/8 line; thence North to the south 1/8 line; thence East 400 ft; thence North 225 ft, thence East 263.73 ft; thence North 274.9 ft; thence East 38.22 ft; thence North 160 ft; thence East 622.3 ft to the East Section line; thence South along the East Section Line of Sections 8 and 17, T14N, R2E, City of Midland, Midland County, Michigan to a point 35.86 ft. South of the Northeast corner of Section 17; thence North 87 deg 21 ft West 142.16 ft.; thence South 59 deg 30 ft West 417.79 ft; thence North 87 deg 24 ft West 473.15 ft; thence South 2 deg 52 ft West to the North R/W line of West St. Andrews Road; thence Northwesterly along the said North R/W line to the East 1/8 line of Section 17; thence North along the East 1/8 line to the North Section Line of Section 17 and the South Section Line of Section 8, 520 ft. to the POB except: beg South 2 deg 52 ft West 577.56 ft and North 87 deg 21 ft West 963.92 ft. from the Northeast corner of Section 17, T14N, R2E, City of Midland, Midland County, Michigan; thence Northwesterly on an arc with a curve to the right with a 360 ft. radius, 383.43 ft.; thence North 23 deg 29 ft West 131.86 ft.; thence North 2 deg 50 ft. West 113.65 ft; thence South 87 deg 8 ft. East 364.76 ft.; thence south 2 deg 52 ft West 431.56 ft to the POB.
be, and the same is hereby changed to Community.
Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 3. This Ordinance shall take effect upon publication. (Ordinance adopted.)
PUBLIC COMMENTS
There were no comments made.
Golf
Course Fees Ordinance Amendment (Private Cart Fees)
Paula Speese, Assistant Director of Public Services, presented information on an ordinance that would amend fees for private golf carts at the Currie Golf Course. The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie:
ORDINANCE NO. 1549
AN ORDINANCE TO AMEND THE
CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71
OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section 1. Section
21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:
Sec. 21-71. Golf Course Fees
The fees for golfing privileges at
the Currie Municipal Golf Course are as follows:
(1) Regular: 9-hole, Weekday, East & West
Course $ 10.00 per play
Regular:
9-hole, Weekend, East Course $ 11.00 per play
Regular:
9-hole, Weekend, West Course $ 15.00 per play
(2) Regular: 18-hole, Weekday, East & West
Course $ 18.00 per play
Regular: 18-hole, Weekend,
East Course $ 20.00 per play
Regular:
18-hole, Weekend, West Course $ 28.00 per play
(3) Senior: 9-hole (7:00 a.m. - 3:00 p.m., M -
F), East & West Course $ 7.00 per
play
(4) Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M -
F), East & West Course $ 12.00 per play
(5) Twilight golf, East & West Course $ 7.00 per play
(6) Winter
rate (November 1 – March 1), East & West Course $ 5.00 per day
(7) Regular: Par 3 $ 5.00 per play
(8) Senior and youth: Par 3 $ 3.50
per
play
(9) 20-play pass, Weekday only $ 190.00
per pass
(10) Unlimited Play: East & West Course
(11) Restricted
Play: With West Course weekend differential
Single
season pass $ 540.00 per pass
Double season pass $ 865.00 per pass
(12) Senior Unlimited Play: East & West Course
Single
season pass $ 535.00 per pass
Double season pass $ 855.00 per pass
(13) Senior/Youth Limited: 9 holes weekday
before 3:00 p.m. with differential for non-discounted times
Single season pass $ 340.00 per pass
Double season pass $ 545.00 per pass
Weekend
differential, East 9 $ 4.00 per
play
Weekend
differential, West 9 $ 8.00 per
play
Weekend
differential, East 18 $ 8.00 per
play
Weekend
differential, West 18 $ 16.00 per play
Weekday differential, 9 $ 3.00 per
play
Weekday differential, 18 $ 6.00 per
play
(14) Trail Fee (Private carts,
when owner or members of immediate family is present)
Season Pass $ 220.00 per
pass
Daily Pass $ 5.00 per
pass
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance adopted.)
Paula Speese, Assistant Director of Public Services, presented information on an ordinance that would amend Section 16-16 Hunting, pursuing wild animals, birds, waterfowl, etc. regarding deer management within the City of Midland. The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:
ORDINANCE NO. 1550
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY AMENDING SECTION 16-16 OF CHAPTER 16 THEREOF.
The City of Midland Ordains:
Section 1. Section 16-16 is
hereby amended to read as follows:
Sec. 16-16.
Hunting, pursuing wild animals, birds, waterfowl, etc.
(a) It shall be unlawful for any person to hunt,
pursue, worry or kill any wild animals, birds or waterfowl by any means
whatsoever within the city or upon property owned by the city, wherever
located, except that the foregoing shall not apply to:
(1) The use of live traps under the lawful
authority of and supervision by either the city manager or the County of
Midland Animal Control Center;
(2) Police officers acting in the line of duty; or
(3) Training or practicing a dog upon game birds
and such animals as may be lawfully hunted with a dog during the periods
established or authorized by state statute and any rules or regulations issued
thereunder.
(b) Notwithstanding subsection (a), the City Manager may authorize the hunting of deer by bow and arrows on clearly defined land areas within the City of Midland provided that all of the following are obtained by the City Manager prior to granting authorization:
(1) a
written request filed with the city manager by the owner of such land,
(2) inspection of the
requested land area by the City of Midland and the Michigan Department of
Natural Resources (MDNR),
(3) a
favorable recommendation in writing by officials of the MDNR, and
(4) a
favorable recommendation by the Chief of Police.
Section 2. This ordinance shall
take effect upon publication.
(Ordinance adopted.)
Jack Duso, Assistant City Manager, presented information on an ordinance that would create Article VII of Chapter 15 of the Code of Ordinances to be titled Alcoholic Beverage Licenses for Consumption on the Premises. Council directed City Manager Karl Tomion to report back to Council on actual cost incurred by the City and fees charged by other municipalities regarding application processing. Introduction and first reading of the following ordinance adding a new Article VII to Chapter 15 of the Code of Ordinances was then offered by Council Member Currie and seconded by Council Member Griggs:
ORDINANCE NO. ____
AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW
ARTICLE WHICH NEW ARTICLE SHALL BE DESIGNATED AS ARTICLE VII OF CHAPTER 15
THEREOF.
The City of Midland
Ordains:
Section 1. Article VII of Chapter 15 is hereby
created to read as follows:
ARTICLE VII. ALCOHOLIC BEVERAGE
Licenses FOR CONSUMPTION
ON THE PREMISES
DIVISION 1. GENERAL PURPOSE AND GENERAL
REQUIREMENTS
Sec. 15-220. Purpose.
The purpose of this article is to provide for the local regulation of alcoholic beverage licenses for consumption on the premises. Applicants for a liquor license are asking the people, through their duly constituted representatives, for a permit to conduct an alcoholic beverage establishment. No applicant, existing licensee, person or firm has any “right” to a license. As no one has a “right” to a license, any consideration given to applicants must be secondary to the requirements of the community-at-large. Alcoholic beverage licenses will be approved to foster economic growth of the City at large and to provide a service to the community. It should be generally interpreted that any applicant for a liquor license shall be seeking this license to be used in conjunction with some primary business activity other than the serving of beer, wine, or spirits. Some examples of this would include restaurants, hotels, motels, bowling alleys, etc. It shall, however, be the responsibility of the City Council to evaluate each application on an individual basis and to determine that each license is in the best interest of the City of Midland. Approval of any new or reclassification of existing alcoholic beverage licenses for consumption on the premises will be based upon the moral and business character of the prospective licensee, the ability of the establishment to be erected and operated within the limitations of State laws, and the current standards of existing municipal ordinances, except as hereafter specified.
Sec. 15-221. Definitions.
For the purposes of this chapter the
following definitions are adopted:
(1) “Alcohol” means the
product of distillation of fermented liquid, whether or not rectified or
diluted with water, but does not mean ethyl or industrial alcohol, diluted or
not, that has been denatured or otherwise rendered unfit for beverage purposes.
(2) “Class C
License” means a place licensed by the liquor control commission to sell at
retail beer, wine, mixed spirit drink, and spirits for consumption on the
premises.
(3) “Class A Hotel”
means a hotel licensed by the liquor control commission to sell beer and wine
for consumption on the premises only, which provides for the rental of, and
maintains the availability for rental of, not less than 25 bedrooms if located
in a local governmental unit with a population of less than 175,000 or not less
than 50 bedrooms if located in a local governmental unit with a population of
175,000 or more.
(4) “Class B Hotel” means a hotel licensed by the liquor control
commission to sell beer, wine, mixed spirit drink, and spirits for consumption
on the premises only, which provides for the rental of, and maintains the
availability for rental of, not less than 25 bedrooms if located in a local
governmental unit with a population of less than 175,000 or not less than 50
bedrooms if located in a governmental unit with a population of 175,000 or
more.
(5) “Liquor Control Commission” means the liquor control commission
provided for and created in Section 209 of Public Act 58 of 1998.
(6) “License” means a contract between the liquor control commission
and the licensee granting authority to that licensee to sell alcoholic liquor
in the manner provided by the liquor control act.
(7) “Mixed spirit drink” means a drink produced
and packaged or sold by a mixed spirit drink manufacturer or an outstate seller
of mixed spirit drink which contains 10% or less alcohol by volume consisting
of distilled spirits mixed with nonalcoholic beverages or flavoring or coloring
materials and which may also contain 1 or more of the following:
a. Water.
b. Fruit juices.
c. Fruit adjuncts.
d. Sugar.
e. Carbon dioxide.
f. Preservatives.
(8) “Resort license” means a license that may be issued by the liquor
control commission without regard to a limitation because of population that
meets the applicable requirements in Section 531 of Public Act 58 of 1998.
(9) “Spirits” means a beverage that contains alcohol obtained by
distillation, mixed with potable water or other substances, or both, in
solution, and includes wine containing an alcoholic content of more than 21% by
volume, except sacramental wine and mixed spirit drink.
(10) “Tavern” means any place
licensed by the liquor control commission to sell at retail beer and wine for
consumption on the premises only.
Sec.
15-222. Liquor License
Distribution.
In order that there may be a fair
distribution of available licenses, the city will consider whether an applicant
has a license in the Midland trading area or has an interest in a firm or
corporation having such a license. The
extent of such interest, the similarity of the facility involved, and the
overall good of the community will be considered in deciding any application
which may result in a single individual or firm having a substantial interest
in more than one license in the area.
Efforts will be made in securing a geographic distribution of available
licenses so that the various commercial areas of the City will be properly
accommodated. The location proposed by
the applicant will be considered with this factor in mind.
Sec.
15-223. Application required;
fee.
After filing an application with the liquor
control commission, each applicant seeking any new, or a reclassification of an
existing license, must submit an application to the City on forms that will be
provided by the City Clerk. Such an
application pertains to City of Midland approval only, and is in addition to
the separate application required by the liquor control commission. An application fee of $50.00 shall be paid
at the time the application is submitted.
Reclassification of an existing license requiring a city application
shall include:
(1) Transfer or change of ownership or stock
interest at same location for a Class “C”, Hotel “B”, Resort, and Tavern
license. The transfer in the aggregate
to another person during any single licensing year of more than 10% of the
outstanding stock of a licensed corporation or more than 10% of the total interest
in a licensed limited partnership shall be considered to be a transfer
requiring the prior approval of the City Council.
(2) New locations or new structures with same owner for a Class “C”,
Hotel “B”, and Tavern license. A resort
license may not be transferred to a new location.
(3) New locations or new structures with change of ownership or stock
interest for a Class “C”, Hotel “B”, and Tavern license. A resort license may not be transferred to a
new location.
Sec.
15-224. Required information
supplemental to application.
In addition to the City’s application, the
applicant must submit to the office of the City Manager the following:
(1)
A minimum of
three written letters of character reference.
(2)
A written
statement showing history of business activity, if any.
(3)
Show, by way
of drawings and/or written documentation, where and how the proposed
establishment will operate.
(4)
Show that the
establishment will conform to the current standards of existing building
ordinances, and other municipal laws and regulations, and that all new
applicants conform to the current zoning ordinance.
(5)
Satisfactory
evidence of having established or being prepared to establish the
implementation of procedures to prevent alcohol abuse on its premises or
related to its premises by instituting a program such as Training for
Intervention Procedures by Servers of Alcohol (T.I.P.S.), Techniques of Alcohol
Management (T.A.M.) or the Management/Server Alcohol Awareness Program.
(6)
Satisfactory
evidence to show the applicant has the financial ability to complete his
project according to his plans and within a reasonable period of time.
(7)
In the case of
a new license, the applicant shall specify the type of license and if the
establishment will require a permit for dance and entertainment.
(8)
Any other
information that may be requested by the City Manager that is pertinent to the
proper consideration of the application.
If the above information is not received
within sixty (60) days from date of the application, the application will
automatically be returned to the applicant without further consideration. Receipt of the above information, however,
is not a guarantee of acceptance.
When all of the above information has been submitted by the applicant,
the City Manager will refer the application to the Chief of Police, Fire Chief,
Building Department, Health Department, Planning Department and to such other
officers or employees as the City Manager may desire, who shall cause a
thorough investigation to be made of the persons and premises. The findings and recommendations resulting
from such investigations shall be reported by the City Manager to the City
Council within ninety (90) days of receipt of the application.
Sec.
15-225. City Council approval –
transfer or change of ownership or stock interest at same location.
If the city council is satisfied that the
proposed owner or interest
(1)
has the
necessary qualified business character, based on references and evidence of
business history, to successfully operate the business;
(2)
has an
interest in any other liquor license in the Midland trading area and
considering the extent of such interest and the similarity of the facility
involved, that the overall good of the community is not jeopardized;
(3)
will likely
operate a business which in terms of operations and facilities will constitute
an asset to the City of Midland and the ownership would be in the best interest
of the community;
(4)
for a resort
license, be in accord with Section 15-240;
(5)
exhibits the
necessary high moral character, based on references, public comments and lack
of a significant history of criminal convictions, to conduct all aspects of the
business within the law;
Factors which may be taken into account
concerning lack of a significant history of criminal convictions may include
one or more of the following:
a.
period of time
from the date of the conviction of the offense until the date of the
application;
b.
the
comparative seriousness of the offense for which the applicant was convicted;
c.
whether the
offense for which the applicant was convicted involved the use of an alcoholic
beverage or beverages;
d.
the age of the
applicant at the time of the conviction; or
e.
the number of
convictions.
then the City Council may adopt a resolution
recommending approval by the liquor control commission.
Sec. 15-226. City Council Approval – New or altered facility with same owner.
If
the City Council is satisfied that the new or altered facility will
(1)
conform to all
applicable requirements of State statute and local ordinances;
(2)
constitute an
asset to the City of Midland and be in the best interest of the community;
(3)
for a new
location, be in accord with Section 15-220;
(4)
for a new
location, will be a location which does not violate the policy on geographic
distribution described in Section 15-222;
(5)
for a Resort
License, be in accord with Section 15-240
then the City Council may adopt a resolution
recommending approval by the liquor control commission.
Sec. 15-227. City Council approval -- New locations or new structures with
change of ownership or stock interest.
If the City Council is satisfied that the
new or altered facility and the proposed owner or interest are in compliance
with Sections 15-224, 15-225 and 15-226, then the City Council may adopt a
resolution recommending approval by the liquor control commission.
Division 2.
NEW LICENSES
Sec. 15-235. New Licenses.
If
the liquor control commission grants a new license to the city as a result of
the federal decennial census or a special census, the city will be asked by the
liquor control commission to recommend a liquor license applicant “above all
others”. Upon formal notification of
the availability of a new license by the liquor control commission, the city
manager shall inform the city council at a regular meeting of the city
council. The City Council may hold the
new license in abeyance or proceed with the following process to recommend an
applicant above all others. During
said regular city council meeting, the city council shall announce its intent
to either hold the license in abeyance or proceed with this process to award
the license
(1)
The city manager
shall notify all interested parties and publish a similar notification in a
newspaper published or circulated within the city that will announce the
availability of the new license and the date upon which applications for the
new license will be made available. The
notification shall include a deadline for application, which deadline shall not
be less than ninety (90) days from the date of the availability of
applications.
(2)
Within sixty
(60) days of the application deadline, the city manager shall complete the
review of all applications and report the results of the review to the city
council at the next available regular meeting of the city council following the
completion of the city manager’s review.
(3)
Upon receiving
the city manager’s review of applicants, the city council shall schedule a
public hearing at which time each applicant will be given an opportunity to
make a presentation to the city council explaining why his/her application
should be recommended to the liquor control commission above all others.
(4)
Following the
public hearing, the city council may adopt the resolution provided by the
liquor control commission recommending that the license be issued to one
applicant above all others, or its own resolution granting tentative approval
in accord with Section 15-236.
Sec. 15-236. Tentative License Approval.
If
the City Council is satisfied that the establishment for which a new license is
requested will constitute an asset to the City of Midland and is in the best
interest of the City of Midland, but desires additional assurance that the
applicant will complete the project as represented to the city council, the
city council may adopt a resolution granting tentative approval, subject to
satisfaction of conditions stated in the resolution. After adoption of the resolution granting tentative approval, the
city council shall not adopt the liquor control commission resolution until the
conditions listed in the resolution granting tentative approval have been met,
or the city council determines that the conditions are no longer necessary.
Sec.
15-237. Conditions of Tentative
Approval.
Tentative
approval shall not be transferable, and is valid for nine (9) months from date
of adoption, after which time its continuance is subject to review by the City Council. The City Council may, by resolution, require
an applicant having been granted tentative approval to furnish evidence, six
months from the date of adoption of said tentative approval, that the applicant
has made reasonable progress toward complying with the conditions upon which
tentative approval was granted. In the
event the applicant shall fail to present evidence of reasonable progress, the
City Council may withdraw said tentative approval.
Sec.
15-238. Assurance of City
Approval.
Tentative
approval does not result in the issuance of a license, but does assure the
applicant that the City Council will approve the applicant’s license when the
applicant’s building, remodeling or other facilities have been completed as
represented in the applicant’s presentation to the City, and the applicant has
complied with all terms of the tentative approval resolution.
Sec.
15-239. Final License Approval.
When
the applicant’s building or remodeling is completed and it is determined that
the applicant has met all State regulations, current standards of existing City
Building and Zoning Codes, Sanitary and Fire Regulations, representations made
to the City by the applicant, and all terms of the tentative approval
resolution, the City Council will adopt the liquor control commission’s
resolution recommending to the Commission that the license be issued to the
applicant above all others. A copy of
the resolution granting the City’s final approval will be sent to the Commission
for final action.
Sec. 15-240. Resort Licenses.
In regard to the new issuance of a
resort license, the City Council may reject the license if the City Council has
reason to believe that the existence of a resort license will prevent the City
of Midland from obtaining additional Class “C” liquor licenses as the City
becomes eligible through the normal quota procedure.
Approval by the City Council requires that all of the following criteria
be fulfilled:
(1)
The proposed
licensed establishment is located in or in close proximity to a facility or
facilities to which large numbers of tourists and visitors come each year for
recreational, educational, or entertainment purposes.
(2)
The primary
purpose of the proposed licensed establishment is to attract and accommodate
tourists and visitors and its primary business is not the sale of alcoholic
liquor.
(3)
The proposed
licensed establishment shall serve food and have dining facilities to seat not
less than 100 persons.
(4)
The proposed
licensed establishment shall offer one (1) of the following:
a.
Some type of
recreational or entertainment activity on the premises or, in the alternative,
some type of recreational or entertainment activity which is available to the
public in close proximity to the proposed licensed establishment.
b.
Sleeping
facilities, meeting or conference rooms, or convention facilities.
(5)
In considering
approvals of Resort Licenses, all other provisions of this article will be
considered to the extent possible.
(6)
Before a
resort license can be recommended for approval, proof must be presented to the
City Council that a resort condition exists.
Sec. 15-241. Waiver of Requirements.
The City Council reserves the right
to waive any specific requirement herein that does not conflict with State or
municipal regulations. The waiver of
any requirement will be for hardship only and not be construed as granting
favor in any way.
Division 3.
RENEWAL AND REVOCATION OF LICENSES.
Sec. 15-250. Annual Review of Licenses.
The City Manager shall cause an
annual review of each licensee. All
applicants and licensees should be aware that, once a license is received,
compliance with all State and City regulations is necessary and that failure of
such compliance can result in the City Council requesting the Commission not to
renew or revoke said license.
Sec. 15-251. Nonconformance.
It is recognized the locations and
establishments of licensees, lawfully existing in our City at the time of the
adoption of this ordinance or hereafter approved may not conform to all of the
current standards of the existing building, zoning and other municipal laws and
regulations, as amended. It is not the
general intent of this ordinance to now require such conformance, but rather to
continue to recognize the non-conforming building and use rights of existing
licensees at the time they are reviewed for the renewal of their licenses;
provided, however, all applicants and licensees should be aware that the City
Council may, at any time, amend this ordinance and require conformance with any
part or all of such existing standards or any new standards created
hereafter. This exception shall not
apply to applicants for new licenses or reclassification of existing licenses
except applicants for reclassification shall not be required to conform to
current zoning requirements.
Sec. 15-252. Notification of Licensee.
The City Manager shall, at least sixty (60)
days before a license is due for renewal or at any time in the case of a
possible recommendation for revocation, inform the licensee of the City
Manager’s intent to recommend to the City Council that the City should or
should not file an objection with the Commission concerning renewal or a
recommendation of revocation; and, if an objection concerning renewal or a
recommendation of revocation is to be recommended to the City Council, what
corrective action the licensee must take to make such a recommendation
unnecessary. Such a recommendation by
the City Manager shall not be considered the same as approval of the
recommendation by the City Council.
Sec. 15-253. Basis of recommendation of non-renewal or revocation.
In connection with any recommendation made
by the City Manager to the City Council pursuant to Section 15-250 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 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:
(1)
Maintenance of
a nuisance upon the premises;
(2)
Failure to
comply with the requirements of the Michigan Liquor Control Act or the
administrative rules of the Commission;
(3)
Failure to
comply with any federal law, state statute or city ordinance in the conduct of
its business;
(4)
Failure to
comply with any of the other requirements of this ordinance;
(5)
Failure to
comply with any promises or statements made by the applicant for a license to
the City Council at the time the liquor license was approved by the City
Council or the failure to comply with any conditions imposed upon the applicant
in connection with the approval of said license by the City Council; or
(6)
A knowingly
false statement made in the application for a liquor license or by the
applicant or the applicant’s agent or assign in the application, non-renewal or
revocation procedure.
(7)
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 15-220.) During the annual review, the City Manager shall notify each
escrowed license holder that the escrowed license must be activated prior to
the end of the third consecutive year the license is in escrow. If a license remains in escrow after two
consecutive years, the City Manager shall initiate the revocation process in
Section 15-254 six (6) months prior to the third consecutive anniversary of the
date the license was placed in escrow by the Liquor Control Commission.
(8)
Failure to
have implemented procedures to prevent alcohol abuse on its premises or related
to its premises by instituting a program such as Training for Intervention
Procedures by Servers of Alcohol (T.I.P.S.), Techniques of Alcohol Management
(T.A.M.) or the Management/Server Awareness Program.
(9)
Non-payment of
any taxes due the municipality on properties holding a liquor license.
Sec. 15-254. Notice of Show Cause Hearing.
In the event the City Manager makes a
recommendation for non-renewal or revocation of a liquor license to the City
Council and before any decision is made by the City Council on said
recommendation, the City Council shall direct the City Manager to serve the
license holder by certified mail, with a notice of a show cause hearing to be
held before the City Council, which notice shall contain the following:
(1)
Notice of the
show cause hearing as to why the recommendation of the City Manager for
non-renewal or revocation of a liquor license should not be approved by the
City Council and transmitted to the Commission as the City Council’s
recommendation for non-renewal or revocation.
(2)
Reasons for
the proposed action;
(3)
Date, time and
place of the hearing;
(4)
Notification
that the license holder may present evidence and testimony, question adverse
witnesses and be represented by counsel.
Sec. 15-255. Show Cause Hearing.
At the date, time and place of the show
cause hearing, the City Manager or members of his administrative staff shall
present evidence to the City Council in support of his recommendation for
non-renewal or revocation of the liquor license in question. The license holder and/or his representative
will be afforded an opportunity to present evidence and testimony, question any
adverse witnesses and to show cause why the City Council should not approve the
recommendation of the City Manager.
Following the show cause hearing, the City
Council shall make a determination as to whether to recommend non-renewal or
revocation of the license in question and shall submit to the license holder
and the Commission a written statement of its findings and determination in
this respect.
Section 2. This ordinance shall take effect upon
publication. (Motion adopted. Considered first reading.)
Jon Lynch, Director of Planning and Community Development, presented
information on a request to provide tentative approval of the Preliminary Plat
of Winding Creek Estates. After
discussion, Council agreed to grant an exception form Section 23-53 of the
Subdivision Ordinance permitting Winding Creek to be located within 250’ of
Letts Road and from Section 23-41 to permit Lot #43 to exceed the 1 to 2.5
width to depth ration. Richard Fosgitt
with Barstow & King Engineers, Inc. spoke on behalf of the petitioner
Bennett Construction, requesting Council vote favorably on the request. The
following resolution was then offered by Council Member Currie and seconded by
Council Member Griggs:
WHEREAS, the City Council has reviewed the Preliminary Plat of Winding
Creek Estates; 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; and
WHEREAS, in accord with the provisions of Section 23-80 of the
Subdivision Ordinance, variances are requested to permit Winding Creek Drive to
be located within 250’ of Letts Road and to allow Lot #43 to exceed the 1 to
2.5 width to depth ratio; now therefore
RESOLVED, that the Midland City Council hereby grants an exception from
Section 23-53 of the Subdivision Ordinance, permitting Winding Creek to be
located within 250’ of Letts Road and from Section 23-41 to permit Lot #43 to
exceed the 1 to 2.5 width to depth ratio; and
RESOLVED FURTHER, that the City Council hereby gives tentative approval
to the Preliminary Plat of Winding Creek Estates, contingent upon the following
conditions:
1. A storm water retention plan is approved
by the City Engineering Department.
2. A fire hydrant on West Bobcat Court is relocated to the east
to achieve 500’ spacing.
3. The 100-year flood elevation of Sturgeon Creek is illustrated
on the plat.
4. The Letts Road and Perrine Road rights of way are widened by
seven feet where adjacent to the plat in accord with Section 23-48 of the
Subdivision Ordinance.
(Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
RESOLVED, that the attached Easement Agreements to the City of Midland from Joseph Partners LDHA for public water mains and public sanitary sewers and from Midland Soccer Club for public sanitary sewers, on their private developments, in Section 34, T. 15 N., R. 2 E., are hereby accepted and that the Easement Agreements are ordered recorded. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, the City has surplus computer items that have been removed from service and are no longer of use to City operations; now therefore
RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, November 23, 2002 with the proceeds being deposited in the Data Processing Computer Rental Fund, Sale of Assets account. (Motion adopted.)
Sag-Mid Municipal Water
Supply Corp Board of Trustees (Shrier Re-appt)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
RESOLVED, that Kenneth E. Shrier is hereby re-appointed to the Saginaw-Midland Municipal Water Supply Corporation Board of Trustees for a term expiring December 31, 2008. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, sealed bids for the Trenchless Sewer Reconstruction, Bid No.
2629, have been advertised and received in accord with section 2-18 of the
Midland Code of Ordinances; and
WHEREAS, funds
are available in Wastewater account number 590-9120-912.97-65 - Capital Outlay
/ Construction Projects; now therefore
RESOLVED, that the low sealed bid submitted by Insituform Technologies
USA, Inc. of Lemont, Illinois is hereby accepted and issuance of a purchase
order in the amount of $243,806 is authorized.
RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a
Tractor/Loader/Backhoe, Bid No. 2628; and
WHEREAS,
sufficient funding for the new backhoe is included in the 2002-03 Equipment
Revolving Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a
purchase order to AIS of Bridgeport, Michigan in the net amount of $46,999 for
the purchase of a tractor/loader/backhoe, with trade-in of city equipment
number 6-41, in accordance with the proposal and city specifications. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the removal of the existing gurardrail and installation of new guardrail along Saginaw Road from north of Salzburg Street to Gordonville Road; and
WHEREAS, the existing guardrail on this section of roadway is in poor condition and does not meet current safety standards and must be replaced to maintain safety for the motoring public; and
WHEREAS, funding for this work is being provided from excess funds remaining in the major street fund from projects completed under budget; now therefore
RESOLVED, that the low sealed proposal submitted by J & J Contacting, Inc. of Ithaca, Michigan, for Bid No. 2631, Guardrail Replacement, in the indicated amount of $51,079.45 is hereby accepted and that the purchasing agent is hereby authorized to issue a purchase order for said services; and
RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates have been utilized in assisting the City of Midland in its defense of said appeal; and
WHEREAS, on May 20, 2002 City Council authorized payments to Walsh & Associates, Inc., George E. Sansoucy, A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for the aforementioned services in a total amount not to exceed $3,500,000; and
WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and
WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2002-2003 General Fund budget; now therefore
RESOLVED, the above-referenced 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 authorization for payment to the appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $4,250,000. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid have been utilized in assisting the City of Midland in its legal defense of said appeal; and
WHEREAS, on July 15, 2002, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned services in a total amount not to exceed $3,725,000; and
WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances;
WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2002-2003 General Fund Budget; now therefore
RESOLVED, that the above-referenced 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 authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $4,225,000. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the services of Meadowbrook Court Reporting have been retained on behalf of the City by its contracted legal counsel in connection with the MCV tax appeal trial which began on January 7, 2002; and
WHEREAS, on June 10, 2002, Council authorized payments to Meadowbrook Court Reporting for the aforementioned services in a total amount not to exceed $150,000; and
WHEREAS, sufficient budgetary funding exists within the MCV tax appeal activity of the 2002-2003 General Fund budget; now therefore
RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived; and
RESOLVED FURTHER, that payment to Meadowbrook Court Reporting for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $250,000. (Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the professional engineering services of Ayres Associates have been retained on behalf of the City by its contracted legal counsel in connection with the MCV tax appeal case; and
WHEREAS, sufficient budgetary funding exists within the 2002-2003 General Fund budget for the MCV tax appeal case; now therefore
RESOLVED, that the above-referenced 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 authorization of payment for professional engineering services in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $30,000. (Motion adopted.)
Karl Tomion, City Manager, presented information on a request from The Dow Chemical Company to establish a Brownfield Redevelopment Authority. The proposed resolutions before Council establish a Brownfield Redevelopment Plan, Designation of a Brownfield Redevelopment Zone and the appointment of members to a newly created Brownfield Redevelopment Authority. In recent work with the Michigan Economic Development Corporation on the proposed performance chemical plant by The Dow Chemical Company, the City learned that it could make the Custom and Fine Chemical projects more economically feasible in Midland if the City established it in a Brownfield Redevelopment Zone so that it could be eligible for Michigan Single Business Tax credits. Mark Recker from The Dow Chemical Company Tax Department spoke in support of the request and indicated there would be no capture of taxes; Dow was only trying to receive the Small Business Tax credit. The following three resolutions were then presented for consideration.
The following resolution was offered by Council Member McKeag and seconded by Council Member Griggs:
WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within an area of the City of Midland described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Proposed Brownfield Redevelopment Zone”); and
WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and
WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore
RESOLVED, that:
(Motion adopted.)
The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:
WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of such areas so as to promote revitalization within an area of the City of Midland described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Proposed Brownfield Redevelopment Zone”); and
WHEREAS, on June 21, 1999 the City Council created the City of Midland Brownfield Redevelopment Authority in accord with the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and
WHEREAS, Section 3 (1) of the Act (MCL 125.2653(1)) provides for an Authority established prior to the effective date of the amendatory act, being Act 145 of the Public Acts of the State of Michigan of 2000, to exercise its powers within its designated zones; and
WHEREAS, in order to further such interests, it is appropriate for the City Council to provide for the operation of a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Act; and
WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the adoption of a proposed resolution designating the boundaries of the Proposed Brownfield Redevelopment Zone, an area within which the Authority shall exercise its powers, and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore
RESOLVED, that:
(Motion adopted.)
The following resolution was offered by Council Member McKeag and seconded by Council Member Griggs:
RESOLVED, that the following are hereby appointed to the Brownfield Redevelopment Authority for the specified terms:
1) Jenee Velasquez for a term expiring December 1, 2003;
2) Verne Jacobson for a term expiring December 1, 2004;
3) David Dunn for a term expiring December 1, 2004;
4) David Ramaker for a term expiring December 1, 2005; and
5) John Bartos for a term expiring December 1, 2005.
(Motion adopted.)
The following resolution was offered by Council Member Currie and
seconded by Council Member Griggs:
WHEREAS, a report has been received from the City Engineer indicating that residents on Terra Drive desire a paved turnaround at the end of the street; and
WHEREAS, residents of Terra Drive will provide a monetary gift in the amount of $11,500 for said roadwork; now therefore
RESOLVED, that the City of Midland hereby accepts a gift of $11,500 from Terra Drive residents; and
RESOLVED FURTHER, that the gift monies be deposited in the 2002 Terra Drive Turnaround Project (LS0302). (Motion adopted.)
Being no further business the meeting adjourned at 8:58 p.m.
______________________________________
Penny K. Kovacevich, City Clerk