November 25, 2002

 

A regular meeting of the City Council was held on Monday, November 25, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the November 11, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

Bette R. Tollar Civic Commitment Award

Jan Yuergens, Public Services Administrative Assistant, introduced Nancy Starks of the Beautification Advisory Commission.  Nancy Starks spoke about the Bette R. Tollar Civic Commitment Award and this year’s recipient The Dow Gardens.  Mayor Black presented a plaque to Doug Chapman, Director of The Dow Gardens.

 

Zoning Petition No. 495

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 495 – rezoning property at the southeast corner of Washington Street and Eastlawn Drive from Office Service-2 to Business B-2.  A public hearing opened at 7:25 p.m.  Richard Handlon, of Handlon, Eastman, DeWitt and Beale, P.C., spoke on behalf of the petitioner in support of the rezoning.  Dr. Jim Kane, 2501 Washington Street, spoke in support of the rezoning.  The hearing closed at 7:35 p.m.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

ORDINANCE NO. 1551

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

The City of Midland Ordains:

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

City of Midland, County of Midland, State of Michigan, to wit:  Lots 2, 3, 4, 5 and 6 of Block A, Reinharts Addition, City of Midland accordingly to the recorded plat thereof.

be, and the same is hereby changed to Business B-2.

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.  Yeas:  Black, Griggs, McKeag    Nays:  Currie, Wazbinski)

 

PUBLIC COMMENTS

No comments were made.

 

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.  Mayor Black moved, seconded by Council Member Wazbinski to amend the wording of Sec. 15-226 (4) to change “does not violate” to “takes into consideration”.  (Motion adopted.)   The following amended ordinance adding Article VII of Chapter 15 was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

ORDINANCE NO. 1552

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 takes into consideration 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.  (Ordinance adopted.)

 

Alcoholic Beverage Licenses for Consumption on the Premises Ordinance Amendment

Introduction and first reading of the following ordinance to amend the Alcoholic Beverage Licenses for Consumption on the Premises Ordinance, Section 15-223. Application required; fee was offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 15-223 OF DIVISION 1 OF ARTICLE VII OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1.        Section 15-223 of Division 1 of Article VII of Chapter 15 is hereby amended to read as follows:

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 $50 250.00 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.

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

 

Sale of CHOICE House (327 Hemlock Street)

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 327 Hemlock Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated November 19, 2002, was submitted by Eula B. Glover, in the amount of the appraised value of $92,000.00; and

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

WHEREAS, the purchaser will contribute $11,000 from the sale of her existing house toward the purchase of this house; and

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

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

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

 


Sale of House (3512 W. Wackerly Street)

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3512 West Wackerly Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated November 11, 2002, was submitted by Terry Brownell and Sue Brownell, in the amount of  $143,000.00, which is the appraised value of the home; and

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

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

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

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

 

Purchase of House (1301 Soper Street)

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

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of a house at 1301 Soper Street, in the City of Midland; and

WHEREAS, an agreement to purchase the property at 1301 Soper Street was submitted by Ms. Ann Tucker, in the amount of Fourteen Thousand Eight Hundred Dollars; and

WHEREAS, the present owner of the property, Ann Tucker, has also agreed to this purchase price; now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using funds from the Hazard Mitigation Grant Program.  (Motion adopted.)

 

Purchase of House (113 W. St. Andrews Road)

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

 

WHEREAS, an appraisal has been completed establishing a value of $78,000 for the house and land at 113 W. St. Andrews Road in the City of Midland, and

WHEREAS, a purchase agreement has been executed for the purchase of the house at 113 W. St. Andrews Road in the amount of $78,000; and

WHEREAS, the present owner of the property, Eula B. Glover, has also agreed to this purchase price; and

WHEREAS, the house will be renovated to the requirements of the City of Midland Housing Code; and

WHEREAS, the property at 113 W. St. Andrews Rd. will be used for affordable housing; now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using CDBG funds; and

RESOLVED FURTHER, that the City Council hereby determines that the requirement for sealed proposals for the purchase of said property is impractical, and is waived in accord with Section 2-18 of the Code of Ordinances.  (Motion adopted.)

 


House Bill 6380 (Highway Advertising Act of 1972)

Jon Lynch, Director of Planning and Community Development, presented information on House Bill 6380 (Amendments to the Highway Advertising Act of 1972) and outlined staff concerns with the proposed bill.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has received a report from staff outlining concerns associated with proposed House Bill 6380 that would amend the Highway Advertising Act of 1972 to revise the requirements for highway billboards; and

WHEREAS, the City Council has reviewed the proposed legislation and determined that it would be detrimental to the City’s ability to regulate the size and placement of billboard signs displayed along primary highways, secondary highways, freeways and interstate highways in the City of Midland; now therefore

RESOLVED, the City Council does hereby express opposition to adoption of House Bill 6380 and directs the City Manager to send a letter to Representative Stamas, urging him to oppose this proposed legislation.  (Motion adopted.)

 

Building Authority Refunding Contract

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

 

WHEREAS, it is deemed reasonable and economically advantageous for the City and County of Midland Joint Building Authority (the “Authority”) to take the necessary steps under the provisions of Act 31, Public Acts of Michigan, 1948, (First Extra Session) as amended, and Act 34, Public Acts of Michigan, 2001, as amended, to have the Authority issue refunding bonds to refund all or part of the Authority’s outstanding 1993 Building Authority Bonds dated as of September 1, 1993; and

WHEREAS, the Authority, the County of Midland (the “County”), and the City of Midland (the “City”) have negotiated a Refunding Contract providing for such refunding, by the terms of which Refunding Contract the City and County are obligated to pay the debt service on such refunding bonds to the Authority in installments as therein provided, a copy of which Refunding Contract is attached to the resolution and incorporated by reference; and

WHEREAS, said refunding is desirable and necessary to reduce the capital costs of such facilities to the City and County.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.     This City Council hereby approves the Refunding Contract as hereto attached.

2.     The Mayor and City Clerk are authorized to execute immediately and deliver to the Authority the Refunding Contract approved by this resolution.  Said Refunding Contract shall become binding and effective upon the approval thereof by resolution of the Board of Commissioners of the Authority and the Board of Commissioners of the County and the execution thereof.

3.     The City Council does hereby ratify and confirm its covenant in the aforesaid Refunding Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever.  Any such taxes levied to pay the Cash Rentals under said Refunding Contract shall be subject to applicable constitutional, charter and statutory tax limitations.

4.     The Mayor, City Clerk, City Manager and Director of Finance are each hereby authorized to execute any document or certificate necessary to authorize, sell and deliver the refunding bonds.

5.     The City hereby covenants to take all action within its control to the extent permitted by law necessary to maintain the exclusion of the interest on the bonds described in the Refunding Contract from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (the “Code”), including but not limited to, actions relating to the rebate of arbitrage earnings and the expenditure and investment of proceeds of the bonds and moneys deemed to be proceeds of the bonds.

6.     The bonds described in the Refunding Contract are hereby designated as “qualified tax exempt obligations” for purposes of deduction of interest expense by financial institutions pursuant to the Code.

7.     All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion adopted.)

 

Santa Arrival Parade

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

 

RESOLVED, that the request of the Midland Area Community Foundation to conduct the Santa Arrival Parade utilizing a revised route on the public right of way on Tuesday, December 3, 2002, beginning at 7:00 p.m., is hereby approved subject to the following condition:

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests for the event provided it is conducted in substantially the same manner.  (Motion adopted.)

 

Midland Community Cancer Services – Charitable Gaming License

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

 

RESOLVED, that the request from Midland Community Cancer Services of the City of Midland,

County of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for           approval.  (Motion adopted.)

 

Proposed Cable Communications Fund Budget Amendment

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, December 9, 2002 in the Council Chambers of City Hall on the proposal to amend the budget of the Cable Communications Fund for the 2002-2003 fiscal year, to increase expenditures by $40,500 to provide funding to the Midland Public Schools for the purpose of providing an educational channel on the Charter Communications cable system; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and instructed to publish the appropriate notice of said hearing in accord with Section 5.11 of the Charter of the City of Midland.  (Motion adopted.)

 

Sewer Services to Alternative Jail Sites

Jon Lynch, Director of Planning and Community Development, presented information on the City of Midland’s intent to consider providing sewer service to alternative jail sites outside the City of Midland subject to certain conditions.  Jim Myers, 521 Shirmor Drive, spoke in support of the city’s interest in providing sewer service to alternative jail sites.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 


WHEREAS, Midland County has withdrawn its requests to consider zoning text and map amendments to permit construction of a new jail facility to give them time to publicly consider alternative locations for the proposed jail; and

WHEREAS, representatives of Midland County have inquired about the City’s willingness to provide sanitary sewer service to parcels of land located outside of the city limits; and

WHEREAS, the City staff has recommended that the Council consider providing such an exception to its existing policies and Urban Cooperation Act Agreements to assist the County in identifying the best site for the proposed jail; now therefore

RESOLVED, that the City Council hereby agrees to consider providing sewer service to alternative jail sites outside the City of Midland subject to the following conditions:

  1. Midland County incurs all costs associated with the provision of the sanitary sewer to any given location.
  2. The proposed county jail is the only facility connected to the sanitary sewer system.
  3. The actual construction of such a sewer extension would be subject to the approval of City Council and a franchise agreement to be secured by the County from the host jurisdiction; and

RESOLVED FURTHER, that the City Clerk is hereby directed to send a copy of this resolution and the accompanying staff transmittal letter to the Office of the Midland County Administrator/Controller.  (Motion adopted.)

 

Dow Chemical Company Dioxin Draft Consent Order

Noel Bush, Director of Utilities, presented information on the proposed Dioxin Corrective Action Consent Order for The Dow Chemical Company. Dr. Neil Hawkins from The Dow Chemical Company spoke on the requirements of the consent order.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City of Midland received a copy of the public notice concerning the proposed Dioxin Corrective Action Consent Order for The Dow Chemical Company; and

WHEREAS, the public comment period ends on December 9, 2002; now therefore

RESOLVED, that the City Council hereby supports approval of the Consent Order; and

RESOLVED FURTHER, that the City Clerk is hereby directed to send a copy of this resolution to the Michigan Department of Environmental Quality.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:04 p.m.

 

 

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            Sandy Marshall, Deputy City Clerk