February 7, 2005

 

A regular meeting of the City Council was held on Monday, February 7, 2005, 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.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

James Myers

 

MINUTES

Approval of the minutes of the January 24, 2005 regular and January 31, 2005 special meetings was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

WALK FOR WARMTH DAY

Communications Coordinator Libby Richart introduced Rose Spear, Outreach Coordinator for Mid-Michigan Community Action Agency.   The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 19, 2005 as Walk for Warmth Day in Midland.  (Motion ADOPTED.)  Mayor Black presented Rose Spear with the proclamation.

 

BUDGET PRIORITIES COMMUNITY ROUNDTABLES SUMMARY REPORT

City Clerk/Community Relations Director Selina Tisdale presented information on the Budget Priorities Community Roundtables held in January 2005.  She introduced Tweed Kezziah and Susan Watkins who presented the results of the Roundtables to Council.  James Orlando, 5003 Butterfield, spoke regarding his experience as a Roundtable participant.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Johnson:

 

RESOLVED, that the Midland City Council hereby receives and files the summary report for the City of Midland Budget Priorities Community Roundtables prepared and presented by Kezziah Watkins.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Fay Wood submitted a request to have sidewalks installed along the north side of Bay City Road between Waldo Avenue and South Saginaw Road.  The request will be submitted as part of the 2005 Sidewalk Installation review and recommendation to Council.

 

PROPOSED ORDINANCE AMENDMENTS

Assistant City Manager Jon Lynch presented a report on amending Section 16-35 (Regulation of Hours of Business A Zoning District), Section 21-10 and 21-29 (Public Property Vacation Fee and Zoning Fees) and Section 25-2 (Prohibited Parking and Uses) of the City of Midland Code of Ordinances. 


John Muste, 4900 Oakridge, asked Council to consider removing Section 25-10 from the Code of Ordinances to make it consistent with the Zoning Ordinance.

 

ORDINANCE AMENDMENT – REGULATION OF HOURS OF BUINESS IN BUSINESS “A” ZONING DISTRICT (First Reading)

Introduction and first reading of the following ordinance amending Section 16-35 – Regulation of Hours of Business in Business “A” Zoning District was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. ________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by AMENDING section 16-35 OF CHAPTER 16 thereof. 

The City of Midland Ordains:

Section 1. Sec. 16-35 of Chapter 16 is hereby amended to read as follows:

Sec. 16-35. Regulation of hours of businessES in THE business “A” NEIGHBORHOOD COMMERCIAL “NC” zoning District No retail or personal services business or establishment of any kind that is permitted to operate or is operating in a business “A” zoning district NEIGHBORHOOD COMMERCIAL “NC” DISTRICT pursuant to the provisions of the zoning ordinance of the City of Midland shall be open or operate between the hours of 11:00 p.m. and 7:00 a.m. unless otherwise exempt from restrictions on hours of operation by statutes or regulations of the State of Michigan.” 

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

 

ORDINANCE AMENDMENT – PUBLIC PROPERTY VACATION FEE AND ZONING FEES (First Reading)

Introduction and first reading of the following ordinance amending Section 21-10 – Public Property Vacation Fee and Section 21-29 – Zoning Fees was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. ________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by AMENDING sectionS 21-10 and 21-29 OF ARTICLE I of chapter 21 thereof. 

The City of Midland Ordains:

Section 1. Sec. 21-10 of Article I of Chapter 21 is hereby amended to read as follows:

Sec. 21-10. Public property vacation fees.

The fee required to accompany a petition seeking vacation of public grounds pursuant to the subdivision chapter shall be one hundred fifty dollars ($150.00) FOUR HUNDRED DOLLARS ($400.00).

Section 2. Sec. 21-29 of Article I of Chapter 21 is hereby amended to read as follows:

Sec. 21-29. Zoning fees.

(a)   Site plan review fee. The fee required to be paid pursuant to the provisions of Section 25.2 27.07 of Ordinance No. 727 1595 for site plan review and approval shall be one hundred fifty dollars ($150.00).

(b)   Planned unit development fee.  The fee required pursuant to the provisions of Section 26.3 31.02 of Ordinance No. 727 1585 for a planned unit development application shall be two hundred twenty-five dollars ($225.00).

(c)   Zoning board of appeals application fee.  The fee required pursuant to the provisions of Section 34.2(c ) 29.05 of Ordinance No. 727 1585 for a zoning board of appeals application shall be fifty dollars ($50.00) ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00).

(d)   Zoning amendment fee.  The fee required pursuant to the provisions of Section 35.1(a) 30.04 of Ordinance No. 727 1585 for the purposes of obtaining a zoning text or map amendment shall be three hundred twenty-five dollars ($325.00).

(e) Special CONDITIONAL use permit fee.  The fee required pursuant to the provisions of

    Section 31.15 28.04 of Ordinance No. 727 1585 for the purposes of obtaining a

   special CONDITIONAL use permit shall be two hundred twenty-five dollars ($225.00).

(f)      Sign permit fee.  The fee required pursuant to the provisions of Section 31.15 31.02 of Ordinance No. 727 1585 for the purposes of obtaining a sign permit shall be:

For each wall, ROOF, OR PROJECTING sign $15.00 THIRTY DOLLARS ($30.00).

For each ground or pole SIGN $15.00 THIRTY DOLLARS ($30.00).

For each temporary sign, banner, or set of pennants, as authorized in Section 31.8(f) REQUIRING A SIGN PERMIT $15.00 THIRTY DOLLAR ($30.00).

(g)   Zoning ordinance fee.  The fee required to obtain a written black and white copy of the zoning ordinance book shall be twenty-seven dollars ($27.00).

(h)   Zoning map fee.  The fee required to obtain a 36 inch by 52 inch color zoning map shall be five dollars ($5.00).

Section 3. This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ORDINANCE AMENDMENT – PROHIBITED PARKING AND USES (First Reading)

Introduction and first reading of the following ordinance amending Section 25-2 – Prohibited Parking and Uses was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. ________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by AMENDING section 25-2 of CHAPTER 25 thereof. 

The City of Midland Ordains:

Sec. 25-2. Prohibited parking and uses.

(a) No person shall park or cause to be parked any trailer coach overnight on any street, alley, highway, or other public place.

(b) No trailer coach shall at any time be parked between the established setback line and the curb line on a lot. 

(c) (b) No trailer coach shall be used or occupied, unless there is a clear unoccupied space of at least ten (10) feet on all sides thereof.

(d) (c) No person shall park or permit the parking of any occupied trailer coach, or use or occupy or permit the use or occupancy of any trailer coach on any site, lot, field, or tract of land not specifically licensed as a trailer coach park, for any period longer than seventy-two (72) hours, except as provided in this chapter.

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

 

SECTION 25-10 REMOVAL OF WHEELS; ELEVATING, STABLIZING COACH – REFERRED TO PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION

The following resolution was offered by Councilman Rokosz and seconded by Councilman McKeag:

 

RESOLVED, that the Midland Planning Commission is hereby directed to review a request by Mr. John Muste to repeal Section 25-10 of the Code of Ordinances and submit its recommendation to the City Council.  (Motion ADOPTED.)

 

CIVIC ARENA PROJECT REPORT

Director of Public Services Marty McGuire presented a report on the status of the Civic Arena Construction project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, the report prepared by staff on the progress of the Civic Arena project is hereby received and filed.  (Motion ADOPTED.)

 

MIDLAND LADY EXPLORERS SOFTBALL EXHIBITION

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland Lady Explorers Softball Club has requested permission to charge admission for a softball exhibition in Emerson Park on July 2, 2005; and

WHEREAS, Section 11-B-5 of the Park Rules requires permission of City Council to charge for an event in the Park; and

WHEREAS, the Parks and Recreation Commission, at their meeting of January 4, 2005, unanimously recommended that City Council grant the request; now therefore

RESOLVED, that permission is hereby granted to the Lady Explorers to charge an admission to a softball event on July 2, 2005 in Emerson Park; and

RESOLVED FURTHER, that the Lady Explorers will be required to reimburse the City for out of pocket expenses related to this event.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR SANITARY SEWER ON JAMES SAVAGE

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the attached Permanent Easement Agreement for Sanitary Sewer from Judith Ann Rapanos to the City of Midland, for a sanitary sewer on the south side of James Savage Road east of Waldo Avenue, in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR SANITARY SEWER ON ISABELLA ROAD

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the attached Easement Agreement from Andrew J. Maier and Dana K. Maier to the City of Midland, for the installation of a sanitary sewer on the north side of Isabella Road east of Sandow Road, in Section 13, T. 14 N., R. 1 E., is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR SIDEWALKS ON JOSEPH DRIVE AND JEFFERSON AVE

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the attached Easement Grant Agreement from F/A Pnacek, LTD to the City of Midland, for a public sidewalk constructed on private property at the southeast corner of Joseph Drive and Jefferson Avenue, in Section 34, T. 15 N., R. 2 E., is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR WATER MAIN ON WEST SIDE OF EASTMAN AVE

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the attached Easement Agreement from Contemporary Medical Management, Inc. and County-Wide Builders, Inc. to the City of Midland, for the installation of a public water main on private property on the west side of Eastman Avenue south of Saginaw Road, in Section 8, T. 14 N., R. 2 E., is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR UNDERGROUND CONDUIT FOR THE NEW CIVIC ARENA

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an easement agreement with Consumers Energy to allow for the installation of underground conduit to feed the Midland Civic Arena.  (Motion ADOPTED.)

 

ALS BENEFIT WALK JUNE 4, 2005

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the request from the ALS of Michigan to hold a benefit walk for ALS in Emerson Park and on the Rail Trail on Saturday, June 4, 2005, is hereby approved subject to the following conditions:

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

DECANTERS, LLC – SMALL WINE MAKER LICENSE

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the request from: Decanters, LLC for a new Small Wine Maker license to be located at 1804 W. Wackerly Rd. Midland, Michigan 48640

be considered for approval.  It is the consensus of this legislative body that the application be: 

Recommended for issuance.  (Motion ADOPTED.)

 

GOODMAN RECOGNITION UPON HIS RETIREMENT FROM MML

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, George D. Goodman has served the Michigan Municipal League (MML) as Executive Director for 22 years; and

WHEREAS, he previously served as Mayor of Ypsilanti, Michigan from 1972-1982 and President of the Michigan Conference of Mayors from 1976-77 while he was employed as Director of the University of Michigan’s Opportunity Program; and

WHEREAS, during his tenure, the MML has become one of the strongest and most respected municipal leagues in the country; and

WHEREAS, this reputation was earned for its innovative services to members such as its liability and workers compensation insurance pools; and

WHEREAS, the MML’s advocacy efforts with the State of Michigan on behalf of our cities grew extensively under his leadership culminating in the “Don’t Hide from the Override” rally at the Capitol to protect municipal revenue sharing; and

WHEREAS, in 1987, his considerable expertise was recognized when he was one of seven persons across the country who were recognized by Common Cause with its Public Service Achievement Award; and

WHEREAS, in 1998, he was selected as a Fellow of the National Academy of Public Administration, which is chartered by Congress to provide advice and counsel on all matters of public policy; and

WHEREAS, he has served as a Board Member of the National League of Cities and has been instrumental in the development of the Michigan Black Caucus; and

WHEREAS, he has held numerous civic leadership roles including Chair of the United Way of Michigan, Board Member of Starr Commonwealth and of Youth for Understanding, and Chair of the Washtenaw County Community College Foundation; now therefore


RESOLVED, that the City of Midland does hereby recognize and acknowledge the contributions and efforts made by George D. Goodman over his many years of dedicated service to Michigan’s cities and villages; and

RESOLVED FURTHER, that a copy of this resolution be presented to George D. Goodman on the occasion of his retirement from the Michigan Municipal League.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk