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.

 

Council members present:

Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

Drummond Black (excused)

 

Minutes

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.)

 

Dow Chemical Company Renaissance Zone

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.)

 

Zoning Petition No. 494

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

                              Single season pass            $            590.00             per pass

                              Double season pass            $            945.00             per pass

(11)   Restricted Play: With West Course weekend differential    

                  Single season pass            $            540.00             per pass

                  Double season pass            $            865.00             per pass

                              West Course weekend differential, 9 holes            $            5.00                 per play

                              West Course weekend differential, 18 holes            $            10.00               per play

(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.)

 

Deer Management Ordinance Amendment

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.)

 

Alcoholic Beverage Licenses for Consumption on the Premises Ordinance

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.)

 

Preliminary Plat of Winding Creek Estates

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.)

 


Easement Agreements for the Village at Josephs Run & Midland Soccer Club

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.)

 

Surplus Computer Auction

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.)

 

Trenchless Sewer Reconstruction

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.)

 

Purchase - Tractor/Loader/Backhoe

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.)

 

Guardrail Replacement

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.)

 

Payment – Contracted Appraisal Services – MCV Tax Appeal

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.)

 


Payment – Contracted Legal Services – MCV Tax Appeal

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.)

 

Payment – Court Reporting Services – MCV Tax Appeal

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.)

 

Payment – Professional Engineering Services – MCV Tax Appeal

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.)

 

Brownfield Redevelopment Plan / Zone / Authority

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.

 

Brownfield Redevelopment Plan

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:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 9th day of December, 2002, at 7:00 p.m., Eastern Time, in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit C, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 13th day of November, 2002, and the 17th day of November, 2002, and by posting notice of the public hearing, in the form attached hereto as Exhibit D, pursuant to the practice of the City Clerk.

(Motion adopted.)

 

Brownfield Redevelopment Zone

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:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. A public hearing shall be held before the City Council on Monday, the 9th day of December, 2002, at 7:00 p.m., Eastern Time, in the City Hall in the City of Midland on the adoption of a resolution designating the boundaries of a Proposed Brownfield Redevelopment Zone, an area within the Authority shall exercise its powers.
  3. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit C, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 13th day of November, 2002, and the 17th day of November, 2002, and by posting notice of the public hearing, in the form attached hereto as Exhibit D, pursuant to the practice of the City Clerk.

(Motion adopted.)

 

Brownfield Redevelopment Authority Appointments

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.)

 

Terra Drive Turnaround Construction

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