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.
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, Joseph Rokosz |
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Councilmen absent: |
James Myers |
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
DECANTERS, LLC – SMALL WINE MAKER LICENSE
The following resolution was offered by
Councilman McKeag and seconded by Councilman Rokosz:
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
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.
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Selina Tisdale, City