June 26, 2006

 

A regular meeting of the City Council was held on Monday, June 26, 2006, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the June 8, 2006 special and June 12, 2006 regular meetings was offered by Councilman Adams and seconded by Councilman Myers.  (Motion ADOPTED.)

 

SERVICE SECTOR PROGRAM REPORT

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

 

RESOLVED, that the June 26, 2006 Midland Area Chamber of Commerce report on activities related to the Service Sector Agreement between the City of Midland and the Midland Area Chamber of Commerce is hereby accepted and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 

BUDGET AMENDMENT – MAJOR & LOCAL STREET FUNDS (NEW STADIUM FACILITY)

Assistant City Manager Jack Duso presented a resolution to amend the 2006-07 Major Street Fund and Local Street Fund budgets to build public infrastructure improvements necessary to support a stadium facility currently under construction.  A public hearing opened at 7:18 p.m.  Mike Hayes, Vice President and Secretary of the Michigan Baseball Foundation and a Midland resident residing at 919 E. Park Drive, spoke regarding the Michigan Baseball Foundation’s philanthropic returns to the community, the status of the baseball stadium project and the infrastructure improvements. 

Eldon Frisch, 1311 Glendale Street, stated he opposed spending public money for a non-public venture.

Sid Allen, President and CEO of the Midland Area Chamber of Commerce and a Midland resident residing at 1301 Evamar Drive, spoke on behalf of the Chamber and its board in support of the budget transfer and how this project will benefit Midland businesses and citizens.

Frantt Whitehill, 915 E. Indian Street, spoke in support of the stadium project and encouraged the City to consider implementing extra stop lights to accommodate an increase in pedestrian and motorist traffic in the area due to the new stadium. 

Chuck Hepenstal, 1317 N. Parkway, expressed opposition to the City using public street funds to support the non-public baseball stadium endeavor.

Jack Starling, 1204 Scott Street, spoke in support of the baseball stadium project and the benefits to the Midland community.

Bill Bailey, 3300 Hurley Road and Midland business owner, spoke in support of the baseball stadium project stating the City’s acting within its responsibility to provide safe street and utility access in the area of the new stadium.

Larry Pillepich, 3602 McKeith Road, spoke in opposition to the diversion of tax dollars from one fund to another in order to support the stadium project.

Dr. Terry Johnson, 2207 Sylvan Lane, spoke in support of the baseball stadium and how it will benefit kids and families in this community, noting the reallocation of these funds will benefit Midland’s future.

Christin O’Callaghan, Executive Director of the Downtown Development Authority and a Midland resident, stated she is looking forward to taking her small children to the new baseball stadium and supports the City’s infrastructure improvements.

Larry Coates, Ingersoll Township resident, spoke regarding his concerns that County road millage money was being used to support the baseball stadium project.

Wayne Crosby, 2313 Oakfield Drive and owner of ReMax of Midland, spoke in support of the baseball stadium and the benefits it will bring to the Midland community.

Bill Waterman, 2320 Old Pine Trail, spoke in support of the baseball stadium project and supported the budget transfers that represent a small investment in a project that will greatly benefit the Midland community.

M. Kent Stockstill, 1410 Clay Street, questioned whether transferring dollars allocated for one project to another project was the misapplication of funds.

Faye Wood, 3501 Bay City Road, spoke in support of the baseball stadium noting that it would give the kids in our community something to do.

Dick Fairly, 3903 Washington, questioned the legitimacy of moving street fund dollars around to pay for street and utility improvements to support the new stadium.

Scott Walker, Executive Director of Midland Tomorrow and Midland resident, spoke in support of the fund transfer noting that safety and ease of access to the new stadium will be a critical factor in its success and the City being proactive with a potential problem enhances this investment which is, in turn, good community management.

Don Hall, City of Midland business and property owner, spoke in support of this project which is a form of economic development in Midland and the City’s support of economic development is vital to the success of this community.

Paula Jurado, 4623 Washington Street, stated Midland foundations have been very generous to the City and since the foundations give generously to the community, it makes sense for the City to support this project by providing adequate streets and utilities.  She encouraged Council and the City to watch traffic patterns in this area and improve safety as warranted.

Thomas Muhs, 906 E. Park Drive, stated that, as a teenager in this community, the new baseball stadium will give teenagers one more thing to do and because others are financing the construction of the stadium the City should support the infrastructure improvements.

Carl Iueter, 3565 Sunset Way, stated he has recently moved back to Midland and is excited to see this project underway.  He noted similar projects in other cities are often financed by the city government through taxpayer dollars and Midland is fortunate to have a non-profit organization commit to this project plus agree to donate proceed dollars back into the community.

David Curtiss, 4800 Perrine Road, stated he supports the baseball stadium project and the City is being responsible in solving potential problems with streets and utilities in advance.

The public hearing closed at 8:43 p.m.

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

 

WHEREAS, the Michigan Baseball Foundation has submitted a request that the City of Midland undertake construction of public improvements supporting a baseball stadium; and

WHEREAS, such improvements are anticipated in Site Plan No. 250 which was approved by the City Council in March of 2006; and

WHEREAS, the City of Midland has been unsuccessful is securing grant funding to finance construction of said improvements; and

WHEREAS, said improvements consist of a public water main valued at $180,000 and improvements to Mill Street, Haley Street, East Buttles Street, Lyon Street, and East Indian Street valued at $450,000; and

WHEREAS, installation of the water main is to be financed via a transfer within the existing Water Fund budget; now therefore

RESOLVED, that the City Council approves the request to amend the Major Street Maintenance Fund and Local Street Maintenance Fund 2006-07 budgets to recognize $450,000 of additional county road millage, and to increase appropriations by $450,000 to transfer $410,000 to the Major Street Construction Fund and $40,000 to the Local Street Construction Fund.  (Motion ADOPTED.)

 

Council recessed from 9:00 p.m. until 9:05 p.m.

 

CONDITIONAL USE PERMIT NO. 21

City Planner Daryl Poprave introduced Conditional Use Permit No. 21 to allow Verizon Wireless to place a 149’ tall monopole cellular tower on Elisenal north of Home Depot.  A public hearing opened at 9:22 p.m.  Rob LaBelle, representing Verizon Wireless spoke regarding the tower request and in support of its approval.  Matt Jansen, 806 Vance Road, a pilot at Midland Barstow Airport and a member of the Barstow Airport Advisory Commission, spoke in opposition to the placement of the tower as it would be in a flight path.  He suggested Council require a light at the top of the pole to help pilots see the tower.  The public hearing closed at 9:33 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, Verizon Wireless has submitted a request for a conditional use permit review and approval to allow a 149 foot monopole cellular tower at Elisenal north of Home Depot; 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, contingent upon the following:

1.         The equipment shelter is setback at least 25 feet from the front property line as required by the Zoning Ordinance.

2.         All barbed wire is removed from the proposed site fence.

3.         The access driveway is constructed of sufficient material to support a 60,000 lb. fire apparatus in all weather conditions.

4.         The petitioner agrees to co-location requirements set forth in the Zoning Ordinance.

in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 21, in accord with documents provided and submitted at the meeting of June 12, 2006.  (Motion ADOPTED.  Yeas:  Adams, Johnson, Rokosz   Nays:  McKeag, Myers)

 

PUBLIC COMMENTS

No public comments were made.

 

SEWER AND WATER RATE ORDINANCE AMENDMENTS

Utilities Director Noel Bush presented the second reading of an amendment to the Code of Ordinances for water and sewer rates.  The following two ordinance amendments were then presented for consideration:

 

SEWER RATE ORDINANCE AMENDMENT

The following ordinance amending sewer rates was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1618

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)               There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

     5/8" – ¾"

$33.77

1"

$43.90

1 – ½"

$54.03

2"

$87.80

3"

$337.69

4"

$439.00

6"

$641.61

8"

$911.77

(2)               In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:       $1.61

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

WATER RATE ORDINANCE AMENDMENT

The following ordinance amending water rates was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1619

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)               For each one thousand (1,000) gallons used per quarter:        $1.06

In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

     5/8" – ¾"

$28.74

1"

$37.36

1 – ½"

$45.98

2"

$74.72

3"

$287.40

4"

$373.62

6"

$546.06

8"

$775.98

(2)        Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

SIDEWALK TIME EXTENSION – BROADHEAD ESTATES SUBDIVISION NO. 1

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

 

WHEREAS, a written request has been received from John Rapanos, proprietor of Broadhead Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Broadhead Estates Subdivision No. 1 until October 10, 2007.  (Motion ADOPTED.)

 

SIDEWALK EXTENSIONS – SCENIC ESTATES #5 & STERLING PARK ESTATES #10

City Planner Daryl Poprave presented information on the extension of time for completion of sidewalk for Scenic Estates Subdivision No. 5 and Sterling Park Estates Subdivision No. 10.  The following two resolutions were then presented for consideration:

 

SIDEWALK TIME EXTENSION – SCENIC ESTATES SUBDIVISION NO. 5

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

 

WHEREAS, a written request has been received from John Rapanos, proprietor of Scenic Estates Subdivision No. 5, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Scenic Estates Subdivision No. 5 until November 8, 2007.  (Motion DENIED.  Yeas:  Rokosz  Nays:  Adams, Johnson, McKeag, Myers)

 

SIDEWALK TIME EXTENSION – STERLING PARK ESTATES SUBDIVISION NO. 10

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

 

WHEREAS, a written request has been received from Todd Bennett, a proprietor of Sterling Park Estates Subdivision No. 10 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Sterling Park Estates Subdivision No. 10 until August 9, 2006, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by July 10, 2006 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion DENIED.  Yeas:  Rokosz   Nays:  Adams, Johnson, McKeag, Myers)

 

NORTH WIND ENTERPRISES, INC. – LIQUOR LICENSE TRANSFER

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

 

RESOLVED, that the request from NORTH WIND ENTERPRISES, INC. TO TRANSFER ALL STOCK IN 2005 CLASS C LICENSED BUSINESS WITH DANCE PERMIT AND ENTERTAINMENT PERMIT WITHOUT DRESSING ROOMS, LOCATED IN ESCROW AT 2601 WASHINGTON, MIDLAND, MI  48642, MIDLAND COUNTY, BY DROPPING JACK FINNEY, DECEASED, AS STOCKHOLDER THRU TRANSFER OF HIS 1,500 SHARES OF STOCK TO THE JACK W. FINNEY TRUST, CITIZENS BANK WEALTH MANAGEMENT NA, SUCCESSOR TRUSTEE (STEP 1) be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

WASHINGTON WOODS CHAIR REPLACEMENT

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for replacement of chairs in the dining room at Washington Woods; and

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

RESOLVED, that the low sealed proposal submitted by Allied Office Interiors of Bay City, Michigan for replacement of chairs in the dining room for the amount of $27,448.40 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order.  (Motion ADOPTED.)

 

LEGAL SERVICES – DOW CHEMICAL TAX APPEALS

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

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and certain 2006 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on September 12, 2005, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $8,400,000; and

WHEREAS, the cost of continuing said legal services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2005-2006 and 2006-2007 Legal Fees budgets of The Dow Chemical Company Tax Appeal activity; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $9,000,000.  (Motion ADOPTED.)

 

SIDEWALK REPLACEMENT CONTRACT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the 2006 Sidewalk Replacement Program, Bid No. 2943; and

WHEREAS, funding for this project in the amount of $50,000.00 is included in the 2006-07 Fiscal Year General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Specialty Concrete, Inc. of Pinconning, Michigan, not to exceed the amount of $50,000.00 for sidewalk replacement work to take place between July 1 - December 31, 2006, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in aggregate up to $20,000 should additional funding become available.  (Motion ADOPTED.)

 

PLYMOUTH PARK POOL CHANGE ORDER #1

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

 

RESOLVED, that Change Order #1 in the amount of $14,581 is hereby approved, amending the contract with Three River Corporation for the Plymouth Park Pool project which was approved on December 5, 2005.  (Motion ADOPTED.)

 

2006 SWEDE AVENUE RECONSTRUCTION & WATER MAIN; CONTRACT NO. 8

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for reconstruction, resurfacing and installation of a new water main on Swede Avenue from Wheeler Street to Wackerly Street; and

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

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2006 Swede Avenue Reconstruction and Water Main; Contract No. 8", in the indicated amount of $611,665.00, 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 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.)

 

AT&T TELEPHONE SERVICE

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

 

WHEREAS, the City currently uses McLeod USA for local telephone service under a previously approved plan that charges a flat fee per line; and

WHEREAS, McLeod USA has failed to honor their contract agreement and has been subsequently terminated as our local supplier of telephone service; now therefore

RESOLVED, that a three-year agreement with AT&T is hereby approved that would supply local telephone service, long distance, and dedicated data lines to the City departments; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the agreement with AT&T for said services.  (Motion ADOPTED.)

 

LAND APPLICATION OF BIOSOLIDS – WASTEWATER TREATMENT PLANT

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

 

WHEREAS, in 1985, the City began utilizing the biosolids disposal technique of Land Application as the most cost effective and environmentally sound alternative available; and

WHEREAS, sealed bids for Wastewater - Land Application of Biosolids, Bid No. 2931, for a three-year period July 1, 2006 to June 30, 2009, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been budgeted in the 2006/07 Wastewater Fund account #590-8144-811.81-92 - Sludge Hauling; now therefore

RESOLVED, that the low sealed proposal submitted by Biotech Agronomics of Benzonia, Michigan for the indicated price per gallon of biosolids of $0.0296, for up to 3,250,000 gallons per year, at a total annual amount of $96,200.00, is hereby accepted and purchase orders are authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the purchase orders in an amount not to exceed $10,000 in each of the agreements.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 143A

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 24, 2006, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the City of Midland Zoning Ordinance, 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 publish said notice on July 8, 2006.

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 ORDINANCE BY AMENDING ARTICLE 30 SECTION E CONDITIONAL ZONING MAP AMENDMENT CONSIDERATIONS.  

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:

Article 30.00­­­­­—Amendments, to amend Section 30.03 E Conditional Zoning Map Amendment Considerations.

E.         Conditional Zoning Map Amendment Considerations

            1.         Intent

It is recognized that there are certain instances when it would be in the best interests of the City, as well as advantageous to property owners seeking a change in zoning classification, if certain conditions are proposed by property owners as part of a request for a zoning map amendment, otherwise referred to as rezoning.  It is the intent of this Section to provide a process consistent with the provisions of the City and Village Zoning Act by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

            2.         Application and Offer of Conditions.

                        a.         All owners of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested.  This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process. 

                        b.         The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this Section.

                        c.         The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district. 

                        d.         The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

                        e.         Any use or development proposed as part of an offer of conditions that would require a conditional land use permit under the terms of this Ordinance may only be commenced if a conditional land use permit for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

                        f.          Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is first granted by the Zoning Board of Appeals in accordance with the provisions of this Ordinance. 

                        g.         Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this Ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance. 

                        h.         The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner.  An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the City Council provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

            3.         Planning Commission Review

The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in Section 30.03 of this Ordinance, may recommend approval, approval with recommended changes or denial of the rezoning; provided however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

            4.         City Council Review

After receipt of the Planning Commission’s recommendation, the City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request.  The City Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Section 30.03 of this Ordinance.  Should the City Council consider amendments to the proposed conditional rezoning advisable, and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the City Council may accept such amendments.

            5.         Approval.

a.         If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this Section.  The Statement of Conditions shall be incorporated into the ordinance adopted by the City Council to accomplish the requested rezoning.

                        b.         The Statement of Conditions shall:

                                    i.          Be in a form recordable with the Register of Deeds of the County in which the land is located or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to the City Council. 

                                    ii.          Contain a legal description of the land to which it pertains.

                                    iii.         Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.

                                    iv.         Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions.  If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

                                    v.         Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof may be recorded by the City with the Register of Deeds of the County in which the land referenced in the Statement of Conditions is located. 

                                    vi.         Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

                        c.         Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a Statement of Conditions. The City Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.

                        d.         The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the City with the Register of Deeds of the County in which the land is located.  The City Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the City or to any subsequent owner of the land.

                        e.         Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

            6.         Compliance with Conditions

                        a.         Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions.   Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly.  Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

                        b.         No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.

            7.         Time Period for Establishing Development or Use

Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion.  This time limitation may upon written request be extended by the City Council if:

 (1) it is demonstrated to the City Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

 (2) the City Council finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

            8.         Reversion of Zoning

If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection 7 above, then the land shall revert to its former zoning classification as set forth in MCL 125.584g.  The reversion process shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification.  The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

            9.         Subsequent Rezoning of Land

                        When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Subsection 8 above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect.  The City Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the Statement of Conditions is no longer in effect.

            10.       Amendment of Conditions

a.   During the time period for commencement of an approved development or use specified pursuant to Subsection 7 above or during any extension thereof granted by the City Council, the City shall not add to or alter the conditions in the Statement of Conditions. 

b.   The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

            11.       City Right to Rezone

Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the City from rezoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification.  Any rezoning shall be conducted in compliance with this Ordinance and the City and Village Zoning Act.

            12.       Failure to Offer Conditions

                        The City shall not require an owner to offer conditions as a requirement for rezoning.  The lack of an offer of conditions shall not affect an owner’s rights under this Ordinance.

F.         Notice of Record of Amendment Adoption

Following adoption of an amendment by the City Council, one notice of adoption shall be filed with the City Clerk and one notice shall be published in newspaper of general circulation in the City within fifteen (15) days after adoption, in accordance with Michigan Public Act 207 of 1921, as amended.  A record of all amendments shall be maintained by the City Clerk.  A master Zoning Map, including all map amendments by ordinance date, shall be maintained by the City.

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.)

 

NEW BUSINESS – CITY MANAGER SELECTION PROCESS

Mayor Johnson introduced an item to approve expenditure to engage a professional executive recruitment firm to fill the position of City Manager.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council wishes to engage a professional executive recruitment firm to fill the position of City Manager; and

WHEREAS, the City Council has received a proposal from The PAR Group of Chicago, Illinois to undertake the first phase of this process for a cost of approximately $4,000; now therefore

RESOLVED, that the City Council hereby approves this expenditure and authorizes the City Manager to accept this proposal and issue the necessary purchase order.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 10:30 p.m.

 

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            Selina Tisdale, City Clerk