August 11, 2003

 

A regular meeting of the City Council was held on Monday, August 11, 2003, 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

 

Mayor Black welcomed home and congratulated baseball players, coaches and family members of Midland’s Northeast 11 and 12 year-old All Star team, Michigan’s Little League District 1 Champions, on a great season.

 

MINUTES

Approval of the minutes of the July 21, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

STURGEON CREEK WATERSHED MANAGEMENT PLAN & POLICY REVIEW DOCUMENT

Noel Bush, Director of Utilities, introduced Deborah Rogers, Executive Director of the Midland Conservation District.  Ms. Rogers presented Council with the Sturgeon Creek Watershed Management Plan and Policy Review Document.  The Michigan Department of Environmental Quality approved the project thereby making it eligible for funds through the Clean Michigan Initiative.  The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the Sturgeon Creek Watershed Management Plan and the Policy Review Document be received and filed in the office of the City Clerk.  (Motion adopted.)

 

CIVIC ARENA REPORT

Martin McGuire, Director of Public Services, prior to the public hearing reviewed the status of the Civic Arena project.  A public hearing opened at 7:12 p.m.  William Bartlett, 807 Hollybrook and President of Fast Ice, spoke in support of the project to build a new arena with three sheets of ice.  The following spoke in support of a new three rink ice arena:  Donald Hall, 4008 Pfeiffer Court, encouraged Council to consider the corner of Sturgeon and Airport Road; Paul Loebig, 1709 Dilloway Drive and President of Midland Amateur Hockey League, indicated over the last couple of years hockey groups have started using outside ice arena’s in Auburn and Bay City because of the lack of ice time in Midland; Gregory Johnroe, 4206 Brambleridge Lane, representing Midland Ice Breakers; Paul Walker, 5806 Woodbridge Lane, representing Midland Speed Skating Club; Curtis Peterson, 2000 Candlestick; Craig Goslin, Vice President of Business Operations of the Saginaw Spirits and Cameron Knowles, Director of Media and Public Relations for the Saginaw Spirits, an Ontario Hockey League franchise playing in Saginaw, encouraged Council to consider building a three rink ice arena and pledged their support for the project; Jonathan Evans, 4616 Congress Drive, President of the Midland Figure Skating Club and a member of Fast Ice; June Turley, 1208 Wakefield, long time member of the Midland Figure Skating Club; Ann Ward, 5712 Windy Gyle, appointed by United States Figure Skating Club as a gold judge; Nicole Hayes, 5310 Friar Lane, who competed in the Olympics and is a retired member of the Disney on Ice ensemble; Richard Blasy, 5112 Stony Creek, a former speed skater and hockey player, voiced concerns over the bad conditions of the ice and the age of the current arena and felt the new arena should be built in a central location with city residents in mind, he spoke against placing a new arena on Bay City Road; Paula Jurado, 4613 Washington, suggested Fast Ice sign an agreement committing them to provide stated funds for the project; Frances Kinney, 5601 Pine Meadow Drive, speed skater; Harold Richards, 5914 Leeway Drive; and William Betts, 4311 Huron Drive.  The hearing closed at 8:22 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, on January 27, 2003, the City Council authorized staff to contract with Tom Anastos of Suburban Hockey to study the issues surrounding the Midland Civic Arena; and

WHEREAS, on July 14, 2003 Tom Anastos presented a report to City Council which was received; and

WHEREAS, a public hearing was conducted regarding the Civic Arena on August 11, 2003; now therefore

RESOLVED, that staff is hereby directed to formulate a recommendation on the Civic Arena issue; and

RESOLVED FURTHER, that the Parks and Recreation Commission is hereby directed to review the staff recommendation and make a final recommendation to City Council.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

GUN & KNIFE SHOW REQUEST

Martin McGuire, Director of Public Services, presented information on a request from the Midland County Sportsman’s Club to hold a public hearing on August 25, 2003 to consider comments regarding bringing the Gun & Knife Show back to the Midland Civic Arena.  Prior to taking comments on the request, Mayor Black mentioned to representatives from the Midland County Sportsman’s Club that at the August 25, 2003 meeting, only three council members would be present.  Ted Stockich, representing the Midland Sportsman’s Club requested that Council defer the public hearing on the issue to September 8, 2003.  Ted Stockich and Michael Laursen, both representing the Midland County Sportsman’s Club, gave a brief overview of the proposed actions the Club would take to improve parking problems related to holding the Gun & Knife show.  Donald Hall, 4408 Pfeiffer Court, mentioned the availability of buses to transport visitors to the Gun & Knife show from various locations.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, the City Council received a request from the Midland County Sportsman’s Club to hold a Gun & Knife Show at the Civic Arena in 2004; and

WHEREAS, the City Council referred this request to the City staff; and

WHEREAS, the City staff has submitted a report outlining additional parking improvements to address previous concerns about this event; and

WHEREAS, the City Council desires to receive input from the Parks and Recreation Commission and citizens prior to considering their request; now therefore

RESOLVED, that the request of the Midland County Sportsman’s Club be referred to a special meeting of the Parks and Recreation Commission to be held prior to the September 8, 2003 Council meeting; and

RESOLVED FURTHER, that a public hearing on the request of the Midland County Sportsman’s Club be set for the City Council on September 8, 2003.  (Motion adopted.)

 

2002-03 LIBRARY BOARD ANNUAL REPORT

Melissa Barnard, Grace A. Dow Library Director, introduced Eric Gardner, a member of the Library Board Committee.  Mr. Gardner presented the Annual Library Board Report for the fiscal year 2002-03.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2002/2003 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and


WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2002/2003 Annual Report of the Grace A. Dow Memorial Library Board be accepted.  (Motion adopted.)

 

SITE PLAN NO. 229 – MIDLAND EVANGELICAL FREE CHURCH

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Site Plan No. 229 for the Midland Evangelical Free Church.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 229, for a 125,000 square foot family life center on property west of North Jefferson Road, south of Monroe Road on 75 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 229 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve revised Site Plan No. 229 received August 4, 2003, contingent upon the following:

1.      Site lighting will not cast illumination off site.

2.      MEFC considers providing an additional 7’ to the Jefferson Road ROW along the east side of the site.

3.      The 16” water main at Jefferson Road will be extended to the north entry drive so that the site supply system can be looped.  MEFC will request such extension in the 2004 Engineering Priorities process.

4.      Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

 

EASEMENT AGMTS – ELECTRICAL LINES AT ST. CHARLES SOFTBALL COMPLEX

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute easement agreements with Consumers Energy for underground and overhead electrical lines at the St. Charles Softball Complex.  (Motion adopted.)

 

ASSIGNMENT OF PARKING STRUCTURE LEASE

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

 

WHEREAS, the City of Midland has been leasing the second floor of the downtown parking structure to the Downtown Office Center Limited Partnership in accordance with the terms of a certain lease agreement dated November 10, 1989 and amended August 14, 2000; and

WHEREAS, pursuant to the terms of a sales agreement dated July 31, 2003 between the Downtown Office Center Limited Partnership and Chemical Financial Corporation, the City has been asked for its consent for the assignment of said lease to Chemical Financial Corporation; now therefore

RESOLVED, that the City Council hereby grants its consent for the assignment of the rights and obligations of the Downtown Office Center Limited Partnership under said lease agreement to Chemical Financial Corporation; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the Consent document attached hereto.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER NO. R-03-03

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

 

RESOLVED, that Traffic Control Order No. R-03-03 filed June 2, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit on Rockwell Drive from James Savage Road to Bay City Road be posted at 35 m.p.h.

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER NO. R-03-04

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

 

RESOLVED, that Traffic Control Order No. R-03-04 filed June 2, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit on Eastlawn Drive from Swede Avenue to Abbott Road be posted at 35 m.p.h.

is hereby made permanent.  (Motion adopted.)

 

EASEMENT AGREEMENTS – NORTHEAST PRESSURE DISTRICT WATER MAIN

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

 

RESOLVED, that the attached Easement Agreement from The Dow Chemical Company, to the City of Midland, for part of the Right of Way required to construct the Northeast Pressure District Water Main, said easement runs across the former railroad right of way lying north of the water plant property and along the south side of Patrick Road from Waldo Avenue to 1200 feet westerly in Section 23, T. 14 N., R. 2 E. and along the west side of Waldo Avenue from Patrick Road to Eastlawn Drive in Section 14, T. 14 N., R. 2 E., is hereby accepted and that the Mayor and City Clerk are authorized to sign said agreement and that they are ordered recorded.  (Motion adopted.)

 

2003 NORTHEAST PRESSURE DISTRICT WATER MAIN CONTRACT NO. 20

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 installation of a new 24” water main from the Water Plant on Bay City Road to the intersection of Waldo Avenue and Ashman Street; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Porath Contractors, Inc. of Houghton Lake, Michigan, for the "2003 Northeast Pressure District Water Main; Contract No. 20", in the indicated amount of $940,107.08, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; 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.)

 


 

 

PURCHASE – ELECTRONIC ON-LINE SERVICES & BOOKS

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

 

WHEREAS, The Gale Group of Farmington Hills, MI is the sole vendor of the electronic on-line services and books that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2003/2004 Grace A. Dow Memorial Library 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 the purchase of electronic on-line services and books from The Gale Group is hereby approved in an amount not to exceed $70,000.  (Motion adopted.)

 

2003 CITY HALL PARKING LOT RECONSTRUCTION; CONTRACT NO. 22

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 reconstruction and resurfacing of the existing parking lots surrounding City Hall; and

WHEREAS, funding for this project is provided by the General Fund and Parking Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company of Essexville, Michigan, for the "2003 City Hall Parking Lot Reconstruction; Contract No. 22", in the indicated amount of $85,745.23, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; 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.)

 

2003 NATALIE STREET IMPROVEMENT AGREEMENT & CONTRACT NO. 12

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 improvement of Natalie Street from the bend in Natalie Street to 140 feet easterly; and

WHEREAS, the adjacent property owners, Richard Miller and Ron Lowery requested to have the public street extended easterly to provide access to their private property on the south side of Natalie Street; and

WHEREAS, the City Attorney has prepared an agreement that outlines cost sharing conditions to fund the proposed street extension titled “Natalie Street Extension Agreement”; and

WHEREAS, funding for this project is provided by the adjacent property owners, Local Street Fund, Water Fund and Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by J. Pomranky, Inc. of Midland, Michigan, for the "2003 Natalie Street Improvement; Contract No. 12", in the indicated amount of $40,200.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the “Natalie Street Extension Agreement” to assure funding for the property owners share of said project; 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.)

 

2003 WALDO COURT IMPROVEMENT & HEMLOCK SIDEWALK; CONTRACT NO. 10

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 improvement of Waldo Court from Saginaw Road to 1200 feet north and the installation of sidewalks on both sides of Hemlock Street from Bay City Road to the south end; and

WHEREAS, funding for this project is provided by the Community Development Block Grant program; now therefore

RESOLVED, that the low sealed proposal submitted by Sugar Construction, Inc. of Midland, Michigan, for the "2003 Waldo Court Improvement and Hemlock Sidewalk; Contract No. 10", in the indicated amount of $223,021.17, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; 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.)

 

BARSTOW AIRPORT – MDOT CONTRACT FOR LIGHTING IMPROVEMENT; MDOT GRANT AGREEMENT CONTRACT; RUNWAY SAFETY AREA GRADING, TREE REMOVAL/TRIMMING AND DRAINAGE IMPROVEMENTS CONTRACT

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

 

WHEREAS, Sponsor Contract No. 2003-05-05, a block grant agreement between Michigan Department of Transportation (MDOT) and the City, has been received allocating funds totaling $239,038 for construction projects at Barstow Airport and related fees; and

WHEREAS, the City block grant share is 5% of said block grant, or $12,584, and

WHEREAS, an MDOT Construction Contract No. FM 56-1-C34 was bid on June 6, 2003 using MDOT’s bid process, with J.R. Howell, Inc. retaining the low bid of $128,537.50 for lighting improvements at Barstow Airport, which has been submitted to the City of Midland by MDOT as recommended for award; and

WHEREAS, said block grant funding is available for all costs associated with construction and related fees for MDOT Construction Contract No. FM 56-1-C34, and

WHEREAS, a City Construction Contract No. 18 was bid using the City’s bid process on July 7, 2003, with Porath Contractors, Inc. retaining the low bid of $98,896.50 for airport grading, tree trimming and removal, and drainage improvements; and

WHEREAS, said block grant funding is available for a portion of construction and related fees for City Contract No. 18, and

WHEREAS, funding has been budgeted in the 2003/04 budget for additional construction and related fees at Barstow Airport for City of Midland programmed drainage improvements, and

WHEREAS, the City cost for additional drainage improvements is $20,374; and

WHEREAS, the City of Midland is desirous of having said airport improvements; now therefore

RESOLVED, that the City Council hereby accepts MDOT Construction Contract No. FM 56-1-C34 to J.R. Howell, Inc. for $128,537.50, approves City Contract No. 18 to Porath Contractors, Inc. for $98,896.50, and approves MDOT Block Grant Agreement, Sponsor Contract No. 2003-05-05, and authorizes the Mayor and City Clerk to execute said documents on behalf of the City of Midland.  (Motion adopted.)

 

HOUSING CONSTRUCTION AGREEMENT WITH MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, the Midland Public Schools administration has requested another joint project with the City of Midland by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 705 Walnut Street has been selected and designed; and

WHEREAS, it has been determined that soliciting sealed bids is not an effective method of selling housing in the community; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that staff is authorized to utilize funds from the Housing Commission Revolving Fund; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical, and staff is authorized to sell the house on the open real estate market, based on the appraised value, utilizing staff resources, or by listing it for sale with a local realtor; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland and the Midland Public Schools for this purpose.  (Motion adopted.)

 

PURCHASE – BUILDING TRADES HOUSE FRAMING MATERIALS

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 framing materials for the Building Trades house at 705 Walnut Street; and

WHEREAS, funding for this project is provided by the Housing Budget; now therefore

RESOLVED, that the low sealed proposal submitted by 84 Lumber of Midland, Michigan, for the "2003 Building Trades House Framing Materials for 705 Walnut; Bid No. 2703” in the indicated amount of $26,619.05, based upon City estimated quantities is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposal and the City's specifications.  (Motion adopted.)

 

IFT APPLICATION - DOW CORNING CORP

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

 

RESOLVED, that an application dated July 23, 2003 was received July 24, 2003 from the Dow Corning Corporation with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Dow Corning Corporation Industrial Development District relating to new facilities for machinery and equipment with the facility intended to provide for installing the necessary equipment and controls and refurbishing mixer #15 in the 207 Building in order to have increased capability to produce 3-6396 LSR (rubber) in the amount of $900,000 relating to new facility approval to allow further expansion in the Dow Corning Corporation Industrial Development District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and


RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, September 8, 2003, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

ZONING PETITION NO. 502

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 8, 2003, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on August 22, 2003 and to publish said notice on August 23, 2003.

ORDINANCE NO. ______

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 AN OFFICE SERVICE-2 WHERE A TOWNSHIP ZONING DISTRICT 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:

T14N R1E LOT 11 TIMBER LANE SUB, HOMER TWP., CITY OF MIDLAND, MICHIGAN.

be, and the same is hereby changed to Office Service-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.  (Motion adopted.  Considered first reading.)

 

ZONING PETITION NO. 503

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 8, 2003, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on August 22, 2003 and to publish said notice on August 23, 2003.

ORDINANCE NO. ______

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 WHERE A TOWNSHIP ZONING DISTRICT 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:

      COMMENCING AT THE CENTER OF SECTION 1, T14N R1E, RUNNING THENCE SOUTH 2 DEGREES 19 MINUTES WEST 1183.23 FEET TO THE NORTH RIGHT OF WAY LINE OF NORTH SAGINAW ROAD (OLD U.S. 10); THENCE NORTH 54 DEGREES 52 MINUTES WEST 200 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH PARALLEL TO THE NORTH-SOUTH ¼ LINE OF SAID SECTION 1 TO THE EAST AND WEST ¼ LINE OF SAID SECTION 1; THENCE EAST TO THE PLACE OF BEGINNING, BEING A PART OF THE NE ¼ OF THE SW ¼ SEC 1 T14N R1E

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.  (Motion adopted.  Considered first reading.)

 

PROPOSED BUDGET AMENDMENT – INFORMATION SERVICES OPERATION FUND

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

 

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, August 25, 2003 in the Council Chambers of City Hall on the proposal to amend the budget of the Information Services operations fund to increase appropriations for capital outlay in the amount of $45,000 to provide funding for consulting services to prepare a geographic information system (GIS) development plan; 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.)

 

PROPOSED BUDGET AMENDMENT – CABLE COMMUNICATIONS FUND

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7 p.m., Monday, August 25, 2003, in the Council Chambers of City Hall on the proposal to amend the budget of the Cable Communications Fund for the 2003/2004 fiscal year, to increase expenditures by $60,300 to provide funding for the purpose of cablecasting on MGTV 5 selected City of Midland advisory boards and commissions; 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; and

RESOLVED FURTHER, that the City staff is instructed to develop a meeting schedule for the boards and commissions in the 2004 calendar year that enables the cablecasting of their meetings from Council Chambers in City Hall.  (Motion adopted.)

 


2003 CUB STREET IMPROVEMENT PROJECT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the improvement of a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

               CUB STREET                 from Pheasant Ridge Drive to end of cul-de-sac

; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the construction of said street, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

           “2003 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

            CUB STREET                    from Pheasant Ridge Drive to end of cul-de-sac

Lots 9 thru 18 and the public walkway lying between Lots 13 and 14 of McMurty’s Subdivision in Section 4, T. 14 N., R. 2 E., City of Midland, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base and an all weather surface, and that the total estimated cost and expense thereof is forty thousand dollars ($40,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be fourteen thousand six hundred fifty-six dollars ($14,656.00) and that all other costs and expenses of said improvement amounting to twenty-five thousand three hundred forty-four dollars ($25,344.00) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 25, 2003 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

2003 DUBLIN SANITARY SEWER IMPROVEMENT PROJECT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

    DUBLIN AVENUE                     from Countryside Drive to 610 feet north

;and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewer, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

    DUBLIN AVENUE                    from Countryside Drive to 610 feet north

Beginning at the East ¼ Corner of Section 12, T. 14 N., R. 1 E., City of Midland, Midland County, Michigan; thence West 360.8 feet, along the east-west ¼ line; thence North 330 feet; thence West 167.2 feet; thence North 279.7 feet; thence East 528 feet, to the east line of said section 12; thence South 609.6 feet, along the east section line, to the Point of Beginning;

ALSO; Beginning at the West ¼ Corner of Section 7, T. 14 N., R. 2 E., City of Midland, Midland County, Michigan; thence East 435.6 feet, along the east-west ¼ line; thence North 634 feet; thence West 435.6 feet, to the west line of said section 7; thence South 634 feet, along the west section line, to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is seventy-three thousand dollars ($73,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be forty-nine thousand six hundred twenty-nine and 76/100 dollars ($49,629.76) and that all other costs and expenses of said improvement amounting to twenty-three thousand three hundred seventy and 24/100 dollars ($23,370.24) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 25, 2003 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

2003 ISABELLA SANITARY SEWER IMPROVEMENT PROJECT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

    ISABELLA STREET                     from end of existing sewer to Sandow Road

;and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewer, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2003 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

      ISABELLA STREET                    from end of existing sewer to Sandow Road

Beginning at the Southwest Corner of Section 13, T. 14 N., R. 1 E., City of Midland, Midland County, Michigan; thence East 297 feet, along the south section line; thence North 330 feet; thence West 132 feet; thence South 45.5 feet; thence West 165 feet, to the west section line; thence South 284.5 feet, along the west section line, to the Point of Beginning, except that portion of Highway M-20 right of way along the south side of said parcel; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is seventeen thousand dollars ($17,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be eight thousand five hundred one and 84/100 dollars ($8,501.84) and that all other costs and expenses of said improvement amounting to eight thousand four hundred ninety-eight and 16/100 dollars ($8,498.16) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 25, 2003 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:22 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk