May 9, 2005

 

A regular meeting of the City Council was held on Monday, May 9, 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, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the April 25, 2005 regular and May 2, 2005 special meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

PROPOSED FACILITY AND DIOXIN LEGISLATION

Assistant City Manager Jack Duso introduced State Representative John Moolenaar who spoke on proposed legislation regarding the “facility” designation and dioxin and asked for Council’s support of said legislation.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, over 1,600 Midland citizens attended a public hearing on the plans of the Michigan Department of Environmental Quality (MDEQ) to proceed with a dioxin remediation plan on May 26, 2004; and

WHEREAS, 90% of these citizens that responded to a survey indicated that they desired to see a scientifically-based health exposure study completed before the implementation of a comprehensive soil testing program; and

WHEREAS, based on the preliminary MDEQ plan it was estimated that 8,800 households, or 21,300 residents could have their property labeled as a facility; and

WHEREAS, draft legislation concerning the labeling of residential property as a “facility” and requiring scientifically-based health exposure studies for dioxin contamination have been presented by State Representative John Moolenaar and State Senator Mike Goschka; and

WHEREAS, Representative Moolenaar appeared in front of the City Council at its regular meeting on Monday, May 9, 2005; and

WHEREAS, the City Council believes that such legislation would protect the interests of Midland citizens; now therefore

RESOLVED, that the City Council does hereby express its support of this legislation; and

RESOLVED FURTHER, that the City Clerk be directed to forward a copy of this resolution to Governor Granholm and the Michigan Municipal League.  (Motion ADOPTED.)

 

MIDLAND BLOOMS DAY

City Clerk/Community Relations Director Selina Tisdale introduced Midland Area Chamber of Commerce President and CEO Sid Allen.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 21, 2005 as Midland Blooms Day in Midland.  (Motion ADOPTED.) Mayor Black presented the proclamation to Sid Allen.

 

SERVICE SECTOR DEVELOPMENT PROGRAM

Assistant City Manager Jack Duso introduced Midland Area Chamber of Commerce President and CEO Sid Allen who gave a presentation on the Chamber’s Service Sector Development Program.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

WHEREAS, the Midland City Council has received the attached report from the Midland Area Chamber of Commerce concerning a service sector development program; and

WHEREAS, the City Council desires to enter into a three-year agreement at a cost of $30,000 per year; now therefore

RESOLVED, that the recommendation of the Midland Area Chamber of Commerce is hereby approved and the City Attorney is directed to prepare a purchase of services contract for consideration by the City Council to implement this program; and

RESOLVED FURTHER, that the City Manager be directed to include this expense in the proposed 2005-06 budget for the General Fund.  (Motion ADOPTED.)

 

Agenda Item #22 was presented before Agenda Item #5.

 

MICHIGAN 2005  COOL CITIES INITIATIVE APPLICATION

Assistant City Manager Jack Duso introduced Midland Tomorrow Marketing Manager Ryan Richards who spoke on the Michigan 2005 Cool Cities Initiative and asked for a letter of support from the Mayor for Midland Tomorrow’s application to this program.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is hereby authorized to sign the attached letter of support for Midland Tomorrow’s application to the Michigan 2005 Cool Cities Initiative.  (Motion ADOPTED.)

 

MIDLAND COUNTY CLEAN INDOOR AIR REGULATION

Assistant City Manager Jack Duso introduced Midland County Health Department Director Mike Krecek who gave a presentation on the proposed Midland County Clean Indoor Air Regulation and asked for City Council’s support of said regulation.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has received a copy of the proposed Midland County Clean Indoor Air Regulation; and

WHEREAS, the City Council recognizes the health benefits of providing smoke-free worksites and public places; now therefore

RESOLVED, that the City Council does hereby express its support of the proposed Midland County Clean Indoor Air Regulation.  (Motion ADOPTED.)

 

2005 SIDEWALK IMPROVEMENT PROGRAM

Assistant City Engineer Bradd Maki presented an overview of the 2005 Sidewalk Improvement Program.  A public hearing opened at 8:15 p.m.  Fay Wood, 3501 Bay City Road, spoke in support of proposed sidewalks on Bay City Road between Waldo Avenue and Saginaw Road.  Ed Villireal, 4421 Bay City Road, spoke in opposition to proposed sidewalks on Bay City Road between Fast Ice Drive and Kuipers Drive.  Joe Kozuch, Treasurer for the Midland Soccer Club, and Cindy Warrick of the Midland Soccer Club Board of Directors, both expressed the Club’s desire that sidewalk be constructed on the west side of Jefferson and not on the east side.  Don Carlson, 5902 Siebert Street, spoke in opposition to the placement of sidewalk on either the east or west side of Jefferson Avenue.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

   Austin Street (north side)               from Bay City Road to Saginaw Road

   Bay City Road (north side)             from Austin Street to end of existing sidewalk

   Bay City Road (south side)            from Kuipers Drive to Fast Ice Drive

   Fast Ice Drive (west side)              from Bay City Road to south end of street

   Hancock Drive (both sides)            from Clay Street to Lee Street

   Jefferson Avenue (east side)         from Joseph Drive to Soccer Drive

   Jefferson Avenue (west side)         from Joe Mann Boulevard to the Jefferson overpass

   Lee Street (both sides)                   from Quincy Drive to Hancock Drive

and has heretofore established one special assessment district which is to be known as the “2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 9th day of May, 2005, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 11, 2005, on file in the office of the City Clerk be and the same hereby are approved, with the exception that Hancock Drive (both sides) from Clay Street to Lee Street, Jefferson Avenue (east side) from Joseph Drive to Soccer Drive, Jefferson Avenue (west side) from Joe Mann Boulevard to the Jefferson overpass and Lee Street (both sides) from Quincy Drive to Hancock Drive are removed; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of eighty-seven thousand nine hundred fifteen dollars ($87,915); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be sixty thousand seven hundred ninety-five dollars ($60,795) and that all other costs and expenses of said improvement amounting to twenty-seven thousand one hundred twenty dollars ($27,120) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2005, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2005, and that said agreement is received by City Council for approval at their June 13, 2005, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll,  for said “2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.  Yeas:  Black, McKeag, Myers, Rokosz   Nays:  Johnson)

 

2005-06 PROPOSED BUDGET & ADJUSTMENT

Director of Fiscal Services David Keenan reviewed elements of the Proposed 2005-06 City Budget.  Assistant City Manager Jack Duso presented a report on the costs and benefits of implementing Geographical Information Systems (GIS).  A public hearing was opened at 9:33 p.m.  Matt Jansen, 806 Vance Road, spoke in opposition to the costs of implementing GIS.  The public hearing closed at 9:35 p.m.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

RESOLVED, that the Director of Fiscal Services is hereby directed to adjust the proposed budgets and working capital plans for the various City funds to reflect the additional activity resulting from the implementation of GIS, as summarized below:

General Fund:  increase expenditures by $237,500, resulting in a millage increase from 9.69 mills to 9.79 mills.

Wastewater Fund:  re-appropriate $100,000 from Sanitary Sewer Study to GIS.  No increase to expenditures.

Water Fund:  increase expenditures by $90,000, to be taken from available working capital.

Major Street Fund:  increase expenditures by $31,250, to be taken from available fund balance.

Local Street Fund:  increase expenditures by $31,250, to be taken from available fund balance.

Data Processing Operations Fund:  increase expenditures by $155,000 with an offsetting increase to user fees, allocated amongst the aforementioned funds.  (Motion ADOPTED.  Yeas:  Black, McKeag, Rokosz    Nays:  Johnson, Myers)

 

Council took a short recess from 9:50 p.m. until 9:56 p.m.

 

ZONING PETITION NO. 514

Assistant City Manager Jon Lynch presented Zoning Petitions No. 514 and 515 to rezoning properties located at 3705 and 3721 Letts Street.  A public hearing on Zoning Petitions No. 514 and 515 opened at 10:00 p.m., recognizing no comments, the hearing closed at 10:01 p.m. Second reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1594

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RESIDENTIAL D ZONING TO THE PARCEL SOUTH OF LETTS STREET AND RESIDENTIAL A-4 ZONING TO THE PARCEL NORTH OF LETTS STREET WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SEC 31 T15N R2E COM AT NE COR OF SW ¼ OF NE ¼, TH N 41D 37M W 111.31 FT, S 78D 12M W 97.24 FT, S 28D 32M W 71.71 FT, W 16.69 FT, S 330 FT, E 220 FT, N 330 FT

be, and the same is hereby changed to Residential D and Residential A-4.


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.)

 

ZONING PETITION NO. 515

Second reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1595

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RESIDENTIAL D ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SEC 31 T15N R2E COM 962 FT E ON NW/C OF SW ¼ OF NE ¼, TH E 16.5 FT, S 330 FT, W 16.5 FT, N 330 FT.

be, and the same is hereby changed to Residential D.

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.)

 

ZONING PETITION NO. 516

Assistant City Manager Jon Lynch presented Zoning Petitions No. 516 and 520 to rezone properties located at 6201 and 6305 W. Wackerly Street.  A public hearing on Zoning Petitions No. 516 and 520 opened at 10:03 p.m., recognizing no comments, the hearing closed at 10:03 p.m.  Second reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1596

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SEC 1 T14N R1E COM 250 FT S OF INT OF N SEC LN & W 1/8 LN, TH S 237.48 FT, E 316.41 FT, S 26D 52M E 60 FT, S 56D 58M E 70 FT, S 552.28 FT, E 914.37 FT, N TO STATE DRAIN, NWLY ALG STATE DRAIN TO A PT 577.5 FT W OF N&S ¼ LN & 198 FT S OF N SEC LN, W TO A PT 135 FT E OF W 1/8 LN, S 52 FT, W 135 FT.


be, and the same is hereby changed to Residential A-1.

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.)

 

ZONING PETITION NO. 520

Second reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1597

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Commencing at the North ¼ corner of Section 1, T14N, R1E thence North 87D 41M 30S West, 1326.37 feet along the North Section line to the West 1/8 corner; thence South 02D 10M 22S West, 1072.50 feet along the West 1/8 line to the point of beginning; thence South 87D 41M 30S East, 165.00 feet parallel with the North Section line; thence North 02D 10M 22S East, 407.92 feet parallel with the West 1/8 line; thence North 57D 37M 41S East, 219.19 feet radially to the center point of a 60.00 foot radius for a cul-de-sac of an ingress and egress easement; thence South 56D 57M 49S East, 70.00 feet radially from said center point; thence South 02D 10M 22S West, 552.58 feet parallel with the West 1/8 line to the North 1/8 line; thence North 87D 50M 53S West, 405.63 feet along the North 1/8 line to the West 1/8 line; thence North 02D 10M 22S East, 56.82 feet along the West 1/8 line to the point of beginning.

be, and the same is hereby changed to Residential A-1.

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.)

 

ZONING PETITION NO. 517

Assistant City Manager Jon Lynch presented Zoning Petition No. 517 to rezone property located at 4412 Waldo Avenue.  A public hearing opened at 10:05 p.m., recognizing no comments, the hearing closed at 10:05 p.m.  Second reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1598

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RESIDENTIAL A-4 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SECTION 12 T14N R2E COM 140 FT N OF N 1/8 COR OR W SEC LN, TH N 645.8 FT TO HWY ROW SE ALONG HWY ROW 731.57 FT TO A PT 140 FT N OF 1/8 LN, W TO POB EXC HWY ROW ALONG WALDO ROAD

be, and the same is hereby changed to Residential A-4.

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.)

 

ZONING PETITION NO. 518

Assistant City Manager Jon Lynch presented Zoning Petition No. 518 to rezone property located at 4705 Isabella Street.  A public hearing opened at 10:07 p.m., recognizing no comment, the hearing closed at 10:07 p.m.  Second reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1599

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 REGIONAL COMMERCIAL ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN T14N R1E COMMENCING AT THE NORTHEAST CORNER OF OUTLOT A, STARK’S SUBDIVISION THENCE WEST 202.92 FT, THENCE SOUTH TO SOUTH LINE OF OUTLOT A, THENCE EAST 204.28 FT, THENCE NORTH 202.4 FT TO BEGINNING.

be, and the same is hereby changed to Regional Commercial.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

AVIATION ADVISORY COMMISSION ORDINANCE AMENDMENT

Assistant City Manager Jack Duso presented information on an amendment to Section 4-5 of Chapter 4 of the Code of Ordinances changing the member representation on the Aviation Advisory Commission. Second reading of the following ordinance amending Section 4-5 - Aviation Advisory Commission was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. 1600

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 4-5 OF ARTICLE I OF CHAPTER 4 THEREOF.

The City of Midland Ordains:

Section 1.        Section 4-5 of the Code of Ordinances is hereby amended to read as follows:

Sec. 4-5.  Aviation advisory commission --- Created; composition; qualifications.

     There is hereby created an aviation advisory commission consisting of five (5) members.  Two (2) of the members shall be active pilots basing their airplanes or flying airplanes based at the Jack Barstow Municipal Airport, and three (3) members shall be selected from the public at large.

Section 2.        This ordinance shall take effect upon publication.

(Ordinance ADOPTED.)

 

LANGUAGE IN SECTION 25-10 OF THE CODE OF ORDINANCES

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

 

WHEREAS, the Midland City Council, acting upon the request they received from a citizen that Section 25-10 of the Code of Ordinances be repealed, referred the matter to the Planning Commission for a recommendation; and

WHEREAS, the Planning Commission conducted a public hearing on April 12, 2005; and

WHEREAS, a report has been received from the Midland Planning Commission recommending retention of the language in Section 25-10 of the Code of Ordinances; now therefore

RESOLVED, that the Midland City Council accepts the recommendation of the Midland Planning Commission to retain the language in Section 25-10 of the City of Midland Code of Ordinances.  (Motion ADOPTED.)

 

ADVERTISING AT THE CIVIC ARENA

Department of Public Services Director Martin McGuire presented a report on authorization for staff to sell advertising at the new Midland Civic Arena.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

WHEREAS, City staff is continuing to explore ways to increase revenue at the new Civic Arena in an effort to control both the City subsidy and the ratio charged to users; and

WHEREAS, City staff has developed a program to sell advertising on dasher boards, at in-ice positions and on the ice-resurfacing machine; and

WHEREAS, the Parks and Recreation Commission considered the proposal at their meeting of May 3, 2005 and by a vote of 6-2 recommended that City Council approve the program; now therefore

RESOLVED, that the City Council hereby authorizes staff to implement a program to sell advertising on dasher boards, at in-ice positions and on the ice resurfacing machine at the new Civic Arena.  (Motion ADOPTED.)

 

OBJECTION TO SENATE BILL 272

Assistant City Manager Jack Duso presented a resolution expressing Council’s objection to Senate Bill 272.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the Michigan Senate Appropriations Subcommittee on General Government has submitted a proposed budget which includes a $22.4 million cut in statutory revenue sharing; and

WHEREAS, the City Manager’s proposed 2005-06 budget indicates that the City of Midland has lost over $900,000 in state revenue sharing in the past four fiscal years leading to an increase in the General Fund property tax; and

WHEREAS, the state legislature has been cutting revenue sharing, income taxes, and single business taxes but has not reduced its own expenditures proportionately; now therefore

RESOLVED, that the City Council expresses its objection to Senate Bill 272 and requests Senator Tony Stamas to oppose this legislation; and

RESOLVED FURTHER, that a copy of this resolution be sent to Governor Granholm, Representative Moolenaar, and the Michigan Municipal League.  (Motion ADOPTED.)

 

2005 BOARDS AND COMMISSIONS APPOINTMENT PROCESS

Mayor Black led a discussion on an interview and appointment process for filling vacancies on various City boards and commissions.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, that Midland City Council hereby receives and files the report on the 2005 boards and commissions appointment process.  (Motion ADOPTED.)

 

REVISED PLAT OF WHISPERING PINES AT MIDLAND CEMETERY

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

 

WHEREAS, on January 10, 2005 City Council accepted a plat of the Whispering Pines section of the Cemetery; and

WHEREAS, after field work has begun the approved plat appears to be impractical; and

WHEREAS, staff has developed a revised plat of the Whispering Pines section, in accord with Section 6-3 of the Code of Ordinances; and

WHEREAS, the Parks and Recreation Commission, at their meeting of May 3, 2005, unanimously approved the revised plat; now therefore

RESOLVED, that the revised plat of the Whispering Pines section is hereby accepted.  (Motion ADOPTED.)

 

DDA – FALKENSTEIN RESIGNATION

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

 

RESOLVED, that the resignation of Leona Falkenstein as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Falkenstein for her service on this important Board.  (Motion ADOPTED.)

 

HYDRAULIC EXCAVATOR LEASE

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

 

WHEREAS, sealed bids for the three-year lease and preventative maintenance of a Hydraulic Track Excavator, Bid No. 2847, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid Hyundai R290LC-7 excavator unit offered by Midland Engine has been determined to be suitable for the Landfill’s intended purpose; and

WHEREAS, it is the City’s intent to pay the total contract amount (lease + preventative maintenance) of $121,480.56 in 36 equal monthly installments of $3,374.46, beginning June 2005; and

WHEREAS, the current Landfill fiscal year budget contains funding for one monthly lease payment in the amount of $3,149.46 (account #517-8110-811.94-11) and one monthly preventative maintenance payment in the amount of $225.00 (account #517-8110-811.93-21), while funding for the next 12 monthly installments of the contract has been requested in the 2005/06 Landfill Fund budget; now therefore

RESOLVED, that the low bid from Midland Engine for a three-year lease and preventative maintenance of a Hyundai R290LC-7 track excavator is hereby accepted, and purchase orders in aggregate not to exceed $121,480.56 (total lease of $113,380.56, plus total lease preventative maintenance of $8,100.00) are authorized; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the lease and maintenance agreements subject to approval by the City Attorney.  (Motion ADOPTED.)

 

JEFFERSON AVENUE WIDENING CONTRACT

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

 

WHEREAS, a report was received from the City Engineer indicating that Intergovernmental Agreements to extend a water system to Larkin and Mills Townships are nearly completed; and

WHEREAS, a portion of that proposed water project includes the installation of a 16” diameter water main coinciding within the work area of the current Jefferson Avenue street widening project that is contracted to Rohde Brothers Contracting; and

WHEREAS, the City Engineer has indicated that it would be advantageous for the City to install the proposed future water main with the current Jefferson Avenue Street project to avoid disruption and damage to the newly constructed street; the duplication of mobilization and restoration costs, and inconvenience to traffic using this major thoroughfare; and

WHEREAS, the contractor has provided a quotation of $118,878 to install the 16” water main; and

WHEREAS, funding is available in the Water fund; now therefore

RESOLVED, that City Council authorizes the City Manager to approve a change order and contract modification to the existing Jefferson Avenue Widening Contract with Rohde Brothers in the amount of $118,878 for said water main installation.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 15

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

 

WHEREAS, Richard Fosgitt of Bartow & King Engineers on behalf of Judith Ann Rapanos has submitted a request for a conditional  use permit review and approval for a commercial parking lot at 425 Waldo Avenue; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland, conditioned on the following:

1.   Parking space 33 is eliminated if recommended by the Fire Department.

2.   A storm water retention plan is approved by the Engineering Department.

3.   A six foot tall fence is recommended for screening along the south property line.

4.   A concrete curb or wheel chocks are provided along parking spaces 34-43.

;now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 23, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on May 13, 2005 and to publish said notice on May 14, 2005.  (Motion ADOPTED.)

 

ZONING PETITION NO. 519

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 13, 2005, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on May 27, 2005 and to publish said notice on May 28, 2005.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN T14N R1E LOT 15 STARK’S SUBDIVISION.

be, and the same is hereby changed to Residential A-1.

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. 521

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 13, 2005, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on May 27, 2005 and to publish said notice on May 28, 2005.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A COMMUNITY COMMERCIAL ZONING WHERE A OFFICE SERVICE ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Part of the northeast ¼ of the northeast ¼ of Section 4, T14N R2E, City of Midland, Midland County, Michigan described as commencing North 89 degrees 46 minutes 07 seconds West 648.35 feet along the north section line, and South 00 degrees 35 minutes 07 seconds East 40.00 feet from the Northeast section corner to the Point of Beginning, thence South 00 degrees 35 minutes 07 seconds East 224.10 feet, thence south 89 degrees 46 minutes 07 seconds East 165.00 feet, thence North 00 degrees 35 minutes 07 seconds West 224.10 feet, thence North 89 degrees 46 minutes 07 seconds West 165.00 feet parallel to and 40 feet south of the North section line to the Point of Beginning.

be, and the same is hereby changed to Community Commercial.

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.)

 

REQUESTED STREET VACATION – ELLSWORTH, LYON, AND PATRICK

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

 

WHEREAS, the Midland City Council, acting upon the request of the Dow Chemical Company, Michigan Operations for vacation of East Ellsworth Street from Haley Street to Third Street, vacation of Lyon Street from East Ellsworth Street to Buttles Street and vacation of Patrick Street from East Ellsworth Street to Buttles Street referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending vacation of East Ellsworth Street from Haley Street to Third Street and vacation of Lyon Street from East Ellsworth Street to Buttles Street subject to retained utility easements; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; and

WHEREAS, a response has been received from the Director of Utilities indicating no objection to the vacation request; and

WHEREAS, a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of East Ellsworth Street from Haley Street to Third Street and vacation of Lyon Street from East Ellsworth Street to Buttles Street; and

RESOLVED FURTHER, that the 13th day of June, 2005, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the closure of said streets, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing with advertising dates on May 21, 2005; May 28, 2005 and June 4, 2005; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion ADOPTED.)

 

PROPOSED 2004-05 ERF BUDGET AMENDMENT

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

 

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., May 23, 2005 in the Council Chambers of City Hall on the proposal to amend the 2004-05 budget of the Equipment Revolving Fund to increase expenditures in the Capital Outlay, Vehicles account by $14,000 for the unanticipated replacement of an administrative car that was totaled in a recent accident and to increase the revenue by $10,423.50 to reflect insurance money collected for the wrecked vehicle.  (Motion ADOPTED.)

 

PROPOSED BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., on May 23, 2005 in the Council Chambers of City Hall on the proposal to amend the budget to increase revenues to recognize gifts of $43,000 and to increase expenditures by $43,000 for the replacement of playground equipment.  (Motion ADOPTED.)

 

DOW CORNING IFT APPLICATION

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

 

RESOLVED, that an application dated April 12, 2005 was received April 18, 2005, 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 tax exemption certificate within the Dow Corning Corporation Industrial Development District and the Dow Corning 321 Plant Rehabilitation District, relating to the purchase of personal property at the Midland Plant to upgrade technology, capacity and logistical capabilities resulting in an enhancement of the Specialty Chemical business’s economic viability, with a total project cost of $1,204,860.07, and is expected to create two new jobs within two years of project completion, 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, May 23, 2005, at 7:00 p.m., in the Council Chambers of the 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.)

 

DOW CORNING IFT APPLICATION

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

 

RESOLVED, that an application dated April 12, 2005 was received April 18, 2005, 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 tax exemption certificate within the Dow Corning Corporation Industrial Development District and the Dow Corning Plant Rehabilitation District relating to both real and personal property to enhance capabilities and increase capacity of the Trichlorosilane and Organosilane supply chains, within the Core Products business, with a total project cost of $713,341.38, and is expected to create two new jobs within two years of project completion, 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, May 23, 2005, at 7:00 p.m., in the Council Chambers of the 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.)

 


CLOSED SESSION

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

 

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation, specifically The Dow Chemical Company vs. City of Midland which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion ADOPTED by a Roll Call Vote.)

 

Being no further business the meeting adjourned to a closed session at 10:45 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk