January 12, 1998

A regular meeting of the City Council was held on Monday, January 12, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided.

Mayor Black requested a moment of silence be observed for Joseph R. Mann, former Fifth Ward Councilman and Mayor of the City of Midland. Mr. Mann passed away on December 27, 1997.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

Pledge of Allegiance Cub Scout Troop, Pack #3703, Den 2, led in the Pledge of Allegiance to the Flag.

Minutes Approval of the minutes of the December 15, 1997 regular meeting and the December 23, 1997 and January 5, 1998

special meetings was offered by Councilman Coppage and seconded by Councilman Wazbinski. (Motion adopted.)

Bette R. Tollar Award Presentation Martin McGuire, Director of Public Services, announced that Dr. Herbert H. Dow, founder of The Dow Chemical Company, was being honored posthumously with the 1997 Bette R. Tollar Civic Commitment Award. Mayor Black presented a plaque honoring Dr. Dow to Mr. Ted Doan who accepted the plaque on behalf of the Dow family.

American Legion Fourth Estate Award & U.S. Flag Donation The following resolution was offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, the American Legion is an organization that serves America's military veterans and promotes patriotism, children, youth, God and country; and

WHEREAS, the American Legion presents awards to the communications media for assisting the Legion in its efforts; and

WHEREAS, this is the second time Midland Community Television (MCTV) has received the Department of Michigan's Fourth Estate Award; and

WHEREAS, Legion Post 165 has offered MCTV as part of the Legion's recognition effort a United States flag and standard for use in MCTV's studio; now therefore

RESOLVED, that the Mayor accept this Fourth Estate Award and United States flag on behalf of the City Council, the citizens and Midland Community Television, an agency of the City of Midland. (Motion adopted.) Wilson Coomer, Post Commander, American Legion Post 165, presented Mayor Black with the American Legion Fourth Estate Award to be given to MCTV. Mr. Coomer also presented Mayor Black with a flag to be used at the MCTV station.

Retirement - H. Grant Helms The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, H. Grant Helms, born in Grand Rapids, Michigan, joined the City of Midland Fire Department as a Fire Fighter on February 15, 1972; and

WHEREAS, Grant was promoted to Fire Truck Operator in 1981, Fire Lieutenant in 1984, and Battalion Chief in 1989 and retires from the position of Battalion Chief; and

WHEREAS, Grant has been an integral part of the City, has exhibited enthusiasm in his position and assisted the administration whenever requested, and also had the respect and support of his fellow Fire Fighters; and

WHEREAS, this individual has devoted nearly twenty-six years of professional fire fighting service to the City of Midland and retired December 31, 1997; now therefore

RESOLVED, that the City Council hereby commends the outstanding work and dedicated career rendered to the Midland community for nearly twenty-six years by H. Grant Helms, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.) Mayor Black then presented the Recognition of Service to H. Grant Helms.

Retirement - Ellen H. King The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, Ellen H. King, born in Szechnan, China, joined the City of Midland Grace A. Dow Memorial Library as Youth Services Supervisor on January 3, 1978; and

WHEREAS, Ellen retires from the position of Youth Services Supervisor; and

WHEREAS, Ellen has been an integral part of the Grace A. Dow Memorial Library, has exhibited enthusiasm in her position and assisted the administration whenever requested, and also had the respect and support of her fellow City employees; and

WHEREAS, this individual has devoted twenty years of professional service to the City of Midland and retires January 15, 1998; now therefore

RESOLVED, that the City Council hereby commends the outstanding work and dedicated career rendered to the Midland community for twenty years by Ellen H. King, and extends best wishes to her upon her retirement from the City of Midland. (Motion adopted.)

Retirement - Gilbert G. Stiner The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, Gilbert G. Stiner, born in Midland, Michigan, joined the City of Midland Fire Department as a Fire Fighter on November 26, 1973; and

WHEREAS, Gilbert was promoted to Fire Truck Operator in 1984, Fire Lieutenant in 1989, and Battalion Chief in 1994 and retires from the position of Battalion Chief; and

WHEREAS, Gilbert has been an integral part of the City, has exhibited enthusiasm in his position and assisted the administration whenever requested, and also had the respect and support of his fellow Fire Fighters; and

WHEREAS, this individual has devoted twenty-four years of professional fire fighting service to the City of Midland and retired December 31, 1997; now therefore

RESOLVED, that the City Council hereby commends the outstanding work and dedicated career rendered to the Midland community for twenty-four years by Gilbert G. Stiner, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.)

Volunteer Blood Donor Month The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the month of January, 1998 as VOLUNTEER BLOOD DONOR MONTH in Midland. (Motion adopted.) Mayor Black then presented the proclamation to Wilson Coomer, Ernie Wallace Blood Bank Executive Director.

MCTV Blood Drive Presentation Wilson Coomer, Ernie Wallace Blood Bank Executive Director and Ron Beacom, Administrative Assistant-

Library Midland Community Television, were in attendance to promote the MCTV "live" blood drive.

Barstow Airport - Master Plan Presentation Jack Duso, Assistant City Manager, introduced Stephanie Ward, Airport Planner from Whitworth-Borta. Whitworth-Borta, Inc. is the airport planning consultant for the Michigan Department of Transportation Bureau of Aeronautics and the City of Midland. Ms. Ward presented recommendations based on a study done on the Jack Barstow Airport. Mr. Bob Smith, a member of the Airport Advisory Commission, stated the Advisory Commission unanimously voted to recommend approval of alternatives 4 and 9 as presented by Whitworth-Borta.

Wilma Diesen, 5802 Flaxmoor, urged Council to look at the plan carefully, the area around the airport is changing rapidly.

The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, a proposed updated Master Plan has been prepared and presented by Whitworth-Borta, Inc. airport planning consultants for the Michigan Department of Transportation Bureau of Aeronautics and the City of Midland, recommending adoption of Alternative 9 with the recommended immediate and future improvements as indicated in Chapter 3, page 14; and

WHEREAS, public input meetings have been held on August 28, 1997 and October 15, 1997 resulting in 16 requests for adoption of Alternative 9 and two letters addressing the proposed alternative 9, and

WHEREAS, the Barstow Airport Advisory Commission has reviewed the proposed updated Master Plan at their regular meeting of December 1, 1997, and unanimously adopted a motion recommending that the Master plan as prepared by Whitworth-Borta be forwarded to City Council with their strong endorsement and recommendation for adoption; specifically utilizing Alternative 9 as summarized in Chapter 3, page 14 which identifies 3 recommended immediate improvements and 6 recommended future planning needs to be addressed as funding permits (from the Bureau of Aeronautics and/or the City of Midland); now therefor

RESOLVED, that the City Council hereby receives the updated Master Plan for Jack Barstow Airport as prepared by Whitworth-Borta and sets a public hearing on the Master Plan for January 26, 1998. (Motion adopted.)

Life Safety Achievement Award Presentation Daniel Hargarten, Midland Fire Chief, presented the Life Safety Achievement Award for 1996, given by the International Association of Fire Chiefs, to the Midland Fire Department. The Midland Fire Department is one of only five fire departments who have applied for and received this award each of the four years it has been in existence. The focus of Operation Life Safety is for fire departments to work with the citizens of the communities they protect to reduce the incidence of fires.

Automatic External Defibrillator Presentation Daniel Hargarten, Midland Fire Chief, presented an update concerning the use and effectiveness of the Automatic External Defibrillators placed in service March, 1997. Firefighter Ron Shaffer demonstrated the use of the equipment.

House Rental Inspection Bill Presentation Daniel Hargarten, Midland Fire Chief, presented information to Council on legislation which will affect how rental housing inspections are conducted in the City of Midland. In brief the legislation:

City's Master Plan Presentation James Schroeder, Director of Planning and Community Development, gave an overview of the City of Midland's

Master Plan, which consisted of the Land Use Plan, the Major Thoroughfare Plan, and a listing of community goals and policies as they relate to community growth and development.

Local Law Enforcement Block Grant Funding James St. Louis, Midland Police Chief, presented information on the Local Law Enforcement Block Grant funding prior to the public hearing. The public hearing opened at 9:20 p.m., no comments were made, the hearing closed at 9:21 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, a public hearing has been conducted in accordance with the grant requirements set forth by the U.S. Department of Justice at 7:30 p.m., Monday, January 12, 1998 in the Council Chambers of City Hall on the proposal to accept law enforcement grant funding by the U.S. Department of Justice; and

WHEREAS, the City of Midland has received notification that it has been awarded $20,493.00 by the U.S. Department of Justice, Bureau of Assistance, for funding of local law enforcement programming and equipment purchase under the Local Law Enforcement Block Grants Program for the purpose of improving public safety within the community; now therefore

RESOLVED, that the City Council hereby agrees to accept the U.S. Department of Justice, Bureau of Assistance, Local Law Enforcement Block Grant in the amount of $20,493.00; and

RESOLVED FURTHER, that the $20,493.00 grant funds and all interests derived from it be placed into the Law Enforcement Block Grant Trust Fund as required by the Bureau of Assistance and that the $2,275.00 local matching share be transferred from the 1997-98 General Fund Patrol Operating Supplies budget into the Law Enforcement Block Grant Trust Fund. (Motion adopted.)

Traffic Code Ordinance Amend. Penny Kovacevich, City Clerk/Treasurer, gave a brief overview on proposed amendments to the City of Midland

Parking Ordinance. City staff, seconded by the Midland Downtown Business Association and the Downtown Development Authority, recommended the effective date of the proposed ordinances be changed to March 31, 1998. They also recommended the fee for overtime parking and meter violations both be changed from $7.00 to $5.00. Both ordinance amendments to be considered first readings, the second reading to take place on January 26, 1998. First reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

ORDINANCE NO. ____________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 24-30 of Article III of Chapter 24 thereof; by amending Sections 24-40, 24-42, and 24-45 of Article IV of Chapter 24 thereof; by repealing Section 24-47 and adding a new Section 24-47 of Article IV of Chapter 24 thereof; by adding a new Section 24-48 of Article IV of Chapter 24 thereof; and by adding a new article, which new article shall be Article V of Chapter 24 thereof and entitled "Impounding of Vehicles".

The City of Midland Ordains:

Section 1. Section 24-30 of Article III of Chapter 24 is hereby amended to read as follows:

Sec. 24-30. Records to be kept; annual operating statement; annual audit.

The city manager shall cause to be maintained and kept, proper books of record and account, in which shall be made full and correct entries of all transactions relating to the system. Not later than four (4) months after the close of each fiscal year, the city manager shall cause to be prepared, a statement in reasonable detail, showing the cash income and disbursements of the system at the beginning and close of the operating year and such other information as may be necessary to enable any taxpayer of the city or user of the service furnished to be fully informed as to all matters pertaining to the financial operation of the system during such year. Such annual statement shall be filed in the office of the city clerk, where it shall be open to public inspection. Such books of record and account shall be audited annually by a certified public accountant, to be designated by the city council, and a certified copy of such audit shall be filed with the city clerk.

Section 2. Sections 24-40, 24-42, 24-45 of Article IV of Chapter 24 are hereby amended to read as follows:

Sec. 24-40. Parking violations bureau established; treasurer to supervise.

Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, being Section 600.8395 of the Michigan Compiled Laws, a parking violations bureau, for the purpose of accepting civil infraction admissions in parking violation cases occurring within the city and for collecting and retaining civil fines and costs as prescribed by this Article, is hereby established. The parking violations bureau shall be under the supervision and control of the city treasurer.

Sec. 24-42. Disposition of violations.

No violation not scheduled in Section 21-130 shall be disposed of by the parking violations bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the bureau and, in any case, the person in charge of such bureau may refuse to dispose of such violation, in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.

Sec. 24-45. Dismissal of parking violation without penalty.

If, after investigation, any police officer assigned by the police chief or the city treasurer or any employee assigned by the treasurer, shall certify that because of a defective parking meter, improper or missing sign, stolen vehicle, or that if all material facts had been known at the time, the parking violation should not have been issued; or, that the parking violation notice is incomplete in a material detail, erroneous, issued to a vehicle licensed out of state, is the responsibility of a nonresident of the state, or that it is not feasible to determine the identity of the violator, the violation may be disposed of by the parking violations bureau without penalty, and the certificate attesting such facts shall be attached to the notice of violation.

Section 3. Section 24-47 of Article IV of Chapter 24 is hereby repealed and a new Section 24-47 is hereby added to read as follows:

Sec. 24-47. Collection of penalties.

The parking violations bureau is authorized to collect any penalties due hereunder in any appropriate manner, including but not limited to the use of a third party or agency, provided that any agreement for such collection services is approved by the City Council.

Section 4. Section 24-48 of Article IV of Chapter 24 is hereby added to read as follows:

SEC. 24-48. Right to appeal.

Parking violations may be appealed to the Parking Violations Bureau by the alleged violator. Appeals may be filed on forms available at the Parking Violations Bureau located at the City Treasurer's Office. The appeal shall be reviewed pursuant to Sec. 24-45. The alleged violator shall be notified in writing of the decision regarding the appeal.

Section 5. A new Article V of Chapter 24 of the Code of Ordinances of the City of Midland shall be established as follows:

ARTICLE V. IMPOUNDMENT OF VEHICLES

Sec. 24-58. Procedure for impoundment of vehicles.

The impounding of vehicles shall be done in accordance with the following procedures:

  1. The City Manager or a designated representative of the City Manager is hereby authorized to cause to immediately remove a vehicle from public property or any other place open to travel by the public and impound the vehicle in any of the following circumstances:
    1. When a vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
    2. When a vehicle is parked upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
    3. When a vehicle is left unattended on a bridge, viaduct, causeway, subway, tube or tunnel where the vehicle constitutes an obstruction to traffic.
    4. When a disabled vehicle on a street constitutes an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury, incapacitated and unable to provide for the vehicle's custody or removal.
    5. When a vehicle is left unattended on a street and is parked in a manner which constitutes a definite hazard or obstruction to the normal movement of traffic.
    6. When a vehicle is found being driven on the streets or highways in an unsafe condition which endangers persons or property.
    7. When a vehicle is left continuously unattended on a street for more than 48 hours and may be presumed to be abandoned.
    8. When the driver of the vehicle is taken into custody by the police department and the vehicle would thereby be left unattended on the street.
    9. When removal is necessary in the interest of public safety because of fire, flood, storm, snow or other emergency reason.
    10. When a vehicle is found parked in a tow-away zone which is designated by the traffic engineer and which is properly signposted.
    11. When any vehicle is identified and located whose owner has failed to answer six (6) or more parking violation notices or citations regarding illegal parking.

2) when a vehicle is impounded under subsection (1) of this section, all of the following shall be done:

  1. Check to determine if the vehicle has been reported stolen.
  2. Within 24 hours after impounding the vehicle, enter the vehicle as impounded into the law enforcement information network.
  3. Within 10 days, excluding Saturday, Sunday, and legal holidays, after impounding the vehicle, send a notice that the vehicle has been impounded to the owner and the secured party, if any, by certified mail. The notice shall be on a form provided by the Secretary of State and contain all of the following information:

i. The year, make and vehicle identification number of the vehicle.

ii. The location from which the vehicle was taken into custody.

iii. The date on which the vehicle was taken into custody.

iv. The name and address of the police agency in whose custody the vehicle is being held.

v. The location where the vehicle is being held.

vi. The procedure to redeem the vehicle.

vii. The date by which the vehicle must be redeemed.

viii. That a procedure exists to contest the impoundment of the vehicle.

ix. A warning that the failure to redeem the vehicle or to contest the impoundment of the vehicle within 20 days after the date of this notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.

  1. If the owner does not contest the impoundment of the vehicle, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
  2. If the owner contests the impoundment of the vehicle, the matter shall be resolved after a hearing conducted in the 75th District Court. An owner who contests the impoundment of the vehicle may obtain release of the vehicle by posting a bond equal to the accrued towing and storage charges or by paying the towing and storage fees instead of posting the towing and storage bond.
  3. After the disposition of the hearing described in subsection (4) of this section and, if a hearing is not requested, not less than 20 days after the date the notice described in subsection (2)(c) of this section is sent, the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed.
  4. A public sale shall be conducted in the following manner:

a) It shall be under the control of a police agency.

  1. It shall be open to the public and consist of open auction bidding; provided, however, that a minimum bid may be required to cover the expenses set forth in subsection (2)(a) and (b) and the expenses incurred by the City in conduction of the public sale.
  2. It shall be held not less than 5 days after public notice of the sale has been published.
  3. The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was taken into custody. The public notice shall give a description of the vehicle for sale and shall state the time, date and location of the sale.

7) The money received from the public sale of the vehicle shall be applied in the following order of priority:

  1. Towing and storage charges.
  2. Expenses incurred by the police agency.
  3. To the secured party, if any, in the amount of the debt outstanding on the vehicle.
  4. Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.

8) If there are no bidders on the vehicle, the police agency may do one of the following:

  1. Turn the vehicle over to the towing firm to satisfy charges against the vehicle.
  2. Obtain title to the vehicle for the police agency or the unit of government the police agency represents by doing both of the following:

i. Paying the towing and storage charges.

ii. Applying for title to the vehicle.

  1. Hold another public sale pursuant to subsection (6) of this section.

9) Within 2 days, excluding Saturday, Sunday and legal holidays, after the disposition of the vehicle, the police agency shall do both of the following:

a) Notify the Secretary of State of the disposition.

b) Cancel the entry into the law enforcement information network described in subsection 2(b) of this section.

  1. No impoundment shall be authorized from any private property.
  2. Impoundment shall only be permitted in the case of an unattended vehicle on public property or any other place open to travel by the public.

12) No person shall willfully interfere with the removal of a vehicle impounded, or being impounded, pursuant to this Chapter. No person shall remove or attempt to remove an impounded vehicle from storage except in accordance with the procedure established by this Chapter.

Section 6. This Ordinance shall take effect on March 31, 1998. (Motion adopted. Considered first reading.)

Parking Penalties An amended first reading of the following ordinance amendment was offered by Councilman Moolenaar and

seconded by Councilman Coppage:

ORDINANCE NO. _______

An ordinance to amend the Code of Ordinances of the City Of Midland, Michigan, by adding a new article, which new article shall be Article VIII of Chapter 21 thereof and entitled "Parking Penalties".

The City of Midland Ordains:

Section 1. That a new Article VIII of Chapter 21 of the Code of Ordinances of the City of Midland shall be established as follows:

CHAPTER 21

ARTICLE VIII. PARKING PENALTIES

Sec. 21-130. Parking violations and penalty schedule.

The following parking violations may be settled by payment of the penalty designated:

Offense Penalty

(a) Failure to display required permit $ 7.00

(b) Parking too far from curb 7.00

(c) Angle parking violations 7.00

(d) Obstructing traffic 15.00

(e) Prohibited parking (signs unnecessary):

(1) On sidewalk 7.00

(2) In front of a public or private driveway 7.00

(3) Within an intersection.................................................................. 15.00

(4) Within 15 feet of hydrant 15.00

(5) On a crosswalk 7.00

(6) Within 20 feet of a crosswalk or 15 feet of corner lot lines 7.00

(7) Within 30 feet of traffic control signal or device 7.00

(8) Safety zone 15.00

(9) Within 50 feet of a railroad crossing 15.00

(10) Within 20 feet of a fire station entrance 15.00

(11) Within 75 feet of a fire station entrance 15.00

(on opposite side of street, signs required)

(12) Beside street excavation when traffic obstructed 15.00

(13) Double parking 7.00

(14) On bridge or viaduct or within tunnel 15.00

(15) Within 200 feet of accident where police in attendance 7.00

(16) In front of any theater 7.00

(17) Blocking emergency exit 15.00

(18) Blocking fire escape 15.00

(f) Leaving vehicle unattended with the motor running or with keys in vehicle 7.00

(g) In prohibited zones (signs required) 7.00

(h) In an alley 7.00

(i) Parking on lawn extension 7.00

(j) Parking for prohibited purpose:

(1) Displaying vehicle for sale 7.00

(2) Working on or repairing vehicle 7.00

(3) Displaying advertising 7.00

(4) Selling merchandise 7.00

(5) Storage over 48 hours 7.00

(k) Wrong side boulevard roadway................................................................. 7.00

(l) Loading zone violation 7.00

(m) Bus, parking other than bus stop 7.00

(n) Taxicab, parking other than cab stand 7.00

(o) Bus, taxicab stand violations 7.00

(p) Meter violations 5.00

(q) Meters, not parked within space 7.00

(r) Violations of parking lot parking regulations 7.00

(s) Parking on footwalks, bridges, paths, sidewalks, grass plots or

planted spaces of park or boulevard.... 7.00

(t) Parking on streets between 3:00 a.m. and 6:00 a.m. ............................... 7.00

(u) Failure to set brakes 7.00

(v) Parked on grade, wheels not turned to curb 7.00

(w) Bicycle parking violations 7.00

(x) Overtime parking violations 5.00

(y) Left wheel to curb (car must be parked in direction

of lawful traffic movement)........................................................................ 7.00

In the event any of the foregoing penalties are not paid within seven (7) days from the date of issuance of the traffic ticket or notice of violation, the amount of penalty shall double.

Section 2. This Ordinance shall take effect on March 31, 1998. (Motion adopted. Considered first reading.)

Public Comments Colleen Fulks, 2705 Whitewood Drive, spoke in regards to the renewal of the Bresnan Franchise Agreement and

requested Council consider negotiating for a third channel for MCTV use. Vivian LeVier, 5600 Sturgeon Creek Parkway, urged Council to direct City Administration to actively pursue the addition of a third channel for MCTV use. Archie LaFay, 2516 Parsons, also requested Council consider the addition of a third channel. Paul Schultz, 3904 Greenfield Court, suggested Ron Beacom from MCTV, be placed on the negotiating team when the Bresnan franchise comes up for renewal and also requested that Council request citizen input on the negotiations. Mayor Black stated the negotiation process is just in the beginning stages. Charles Hepenstal, 1317 North Parkway, urged Council to order the SESAC meetings be televised. Dorothy Lengerman, 405 E. Nelson, supported Wilma Diesen's article, which appeared in the Midland Daily News, calling for the Jack Barstow Airport issue to be placed on the ballot. Ms. Lengerman also urged Council not to lose sight of, what she considered the number one problem in Midland, the issue on sanitary and storm sewers. Andrew Halldorson, owner of Sleepy Hollow Book Store at 22 Ashman Circle, offered his thanks and appreciation for the help and cooperation he received from City staff when he needed assistance with a problem he had in the area of his store.

Dow Fabricated Products Roadway - Warranty Deed The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Warranty Deed from Big Timber Partnership to the City of Midland, for the Right of Way required to construct The Dow Fabricated Products Roadway in Section 2, T14N, R2E of Midland County, is hereby accepted and ordered recorded to correct the legal description contained in the Warranty Deed recorded at Liber 844, page 206, Midland County Records. (Motion adopted.)

Annexation - Midland Township (Dow Property) Councilman Tysse requested that he be allowed to abstain from voting on the annexation of property owned by The Dow Chemical Company. Councilman Tysse is currently employed by The Dow Chemical Company. Council unanimously agreed that Councilman Tysse be allowed to abstain. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing at the Center of Section 2, T14N, R2E, Midland Township, Midland County, Michigan; thence North along the North-South Quarter line to the intersection of said line with the Northeasterly right-of-way line of Highway US-10 relocated, to the point of beginning; thence continuing along said North-South Quarter line to the North Quarter Corner of said Section; thence South 89 42' East 191.49 feet along the Section line; thence South 0 13' East 674.70 feet; thence South 14 04' East 336.88 feet; thence South 16 00' East 686.00 feet; thence South 23 39' 15" East 725.25 feet to the East-West Quarter line of said Section 2; thence North 89 32' West 78.59 feet along said East-West Quarter line to the intersection of the Northeasterly right-of-way line of Highway US-10 relocated; thence North 53 19' West 582.65 feet along said right-of-way to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Midland by property owners that are the subject of the petitions and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Midland. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Annexation - Midland Township (City of Midland Property) The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the City of Midland is the owner of lands described as follows, which are contiguous with the present boundary of the City of Midland:

Commencing at the East 1/4 corner of Section 2, T14N, R2E, Midland Township, Midland County, Michigan; thence North 00 08' 44" East 660 feet along the East Section line; thence North 89 49' 01" West 1781.28 feet, parallel to the East-West 1/4 line, to the Point of Beginning; thence North 89 49' 01" West 398.92 feet; thence North 15 49' 01" West 106.91 feet; thence Southwesterly 444.64 feet, along the arc of a curve to the left with a radius of 944.24 feet having a chord bearing and distance of South 76 19' 37" East 440.54 feet to the Point of Beginning; and the North 80 feet of the following described parcel of land: Commencing at the East 1/4 corner of Section 2, T14N, R2E, Midland Township, Midland County, Michigan; thence North 00 08' 52" East 150.00 feet along the East line of said Section 2 to the Point of Beginning; thence North 89 49' 01" West 435.00 feet parallel with the East-West 1/4 line of said Section 2; thence South 00 08' 52" West 150.00 feet parallel with said East Section line; thence North 89 49' 01" West 1448.37 feet along said 1/4 line; thence North 24 02' 49" West 724.25 feet; thence South 89 48' 28" East 2180.20 feet along the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of said Section 2 to said East Section line; thence South 00 08' 52" West 510.10 feet to the Point of Beginning; and

WHEREAS, said lands have been acquired for the purpose of providing for the construction of a roadway; now therefore

RESOLVED, that the City of Midland approves the annexation of the described property pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9], with said annexation to the City of Midland to be effective with the passage of this resolution. (Motion adopted.)

Isabella Sewer & Water Projects Easement Agmt. - Tuttle The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Utility Easement Agreement between Robert B. Tuttle and the City of Midland for an easement to construct and maintain a sanitary sewer and water main system along Isabella Street(Parcel Code 13-13-50-580), in Section 13, T14N, R1E of Midland County is hereby accepted and the City Clerk and Mayor are authorized to execute the agreement and order the agreement recorded. (Motion adopted.)

Isabella Sewer & Water Projects Easement Agmt. - Stark The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Easement Agreement from D. Rodney Stark and Betty Jane Stark to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street(Parcel Code 13-24-80-300), in Section 24, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Isabella Sewer & Water Projects Subordination Agmt. - Wolverine The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Consent and Subordination to Easement from Wolverine State Bank of 5710 Eastman Avenue, Midland, Michigan to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street(Parcel Code 13-13-50-600), in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Isabella Sewer & Water Projects Subordination Agmt. - NBD Bank The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Consent and Subordination to Easement from NBD Bank of 611 Woodward Avenue, Detroit, Michigan to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street(Parcel Code 13-13-40-560),in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Isabella Sewer & Water Projects Subordination Agmt. - Farmers State The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Consent and Subordination to Easement from Farmers State Bank of 316 E. Saginaw Street, Breckenridge, Michigan 48615 to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street(Parcel Code 13-13-40-310), in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Isabella Sewer & Water Projects Affidavit - Waterfield Mtg. The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Affidavit of consent from Waterfield Mortgage Company of Ft. Wayne, Indiana to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street( Parcel Code 13-13-50-800), in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Isabella Sewer & Water Projects Affidavit - Waterfield Mtg. The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Affidavit of consent from Waterfield Mortgage Company of Ft. Wayne, Indiana to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street(Parcel Code 13-13-50-730), in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Relocation of Sanitary Sewer Dyckman Road to Eastman Ave. The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the existing sanitary sewer running from Dyckman Road to Eastman Avenue and being 200 feet north of Sugnet Road lies under a proposed new house being constructed for Sue Daeschlein and needs to be relocated to the south to allow the construction of the house as planned; and

WHEREAS, Mr. Bob Kareus has agreed to pay the entire cost of the relocation of said sanitary sewer, and has remitted $13,800.00 to defray the cost thereof; and

WHEREAS, City Ordinance Section 20-1, City to construct public improvements stipulates "The City shall construct and repair, or cause to be constructed and repaired, all public works improvements deemed necessary for the public health, safety and welfare"; and

WHEREAS, City Ordinance Section 2-20, Purchases, contracts made with funds received as gifts stipulates "With the approval of the City Council, purchases may be made or contracts awarded for the furnishing of material, equipment, labor, or a combination thereof involving the expenditure of funds received as gifts, and therefore not public funds, without the necessity of soliciting competitive quotations or sealed bids by the City"; now therefore

RESOLVED, that the gift in the amount of $13,800.00 from Mr. Bob Kareus for the relocation of said sanitary sewer is accepted, and approval is hereby granted for the work to be completed by Pats Gradall Service with inspection by the Engineering Department and the $13,800.00 be used to make payments to Pats Gradall Service and to defray costs of inspection by the Engineering Department; and

RESOLVED FURTHER, that the purchasing agent is hereby authorized to approve a purchase order to Pats Gradall Service in the amount of $12,961.00 for the sewer installation; and

RESOLVED FURTHER, that the attached easement agreements for the new sewer location from Sue Daeschlein and Aldeane Blackhurst are hereby accepted and ordered recorded. (Motion adopted.)

Sale of House - 3610 W. Wackerly The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the City of Midland desires to sell a newly constructed house at 3610 W. Wackerly Street in the City of Midland; and

WHEREAS, sealed bids for the house have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the one bid submitted was significantly less than the minimum bid required; now therefore

RESOLVED, that the City of Midland rejects all bids received for the house at 3610 W. Wackerly Street; and

RESOLVED FURTHER, that the city waives the requirement for sealed bids and that staff is authorized to sell the house on the open real estate market, based on the appraised value, utilizing staff resources, or by listing it for sale with a local realtor. (Motion adopted.)

MPS & City Joint Building Project 3614 W. Wackerly The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the joint project with the City of Midland and Midland Public Schools Building Trades Classes is already underway at 3614 West Wackerly Street; and

WHEREAS, voters increased the City Charter limit for sale of City assets without a vote of the people; and

WHEREAS, a staff estimate indicates materials and contracted services for the enlarged project shall not exceed $75,000; and

WHEREAS, staff has experienced that sealed bids is not an effective method of selling housing in the community; now therefore

RESOLVED, that the Midland City Council hereby authorizes the increased expenditures from the Housing Commission Fund and approves the larger scope of this project; and

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

Refinance of Sag-Mid Municipal Water Supply Corp. Bonds The following preamble and resolution were offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the Saginaw-Midland Municipal Water Supply Corporation (the "Corporation") has received and has tentatively approved a proposal respecting the refunding of the Corporation's Water Supply System Refunding Revenue Bonds, Series 1992 and its Water Supply System Revenue Bonds, Series 1992 (the "Prior Bonds");

AND WHEREAS, the Prior Bonds are paid in part from payments made to the Corporation by this City and are further secured in part by the City's limited tax full faith and credit pledge;

AND WHEREAS, said refunding, if accomplished, will economically benefit the City by reducing its payment obligations to the Corporation;

AND WHEREAS, prior to issuance of bonds the Corporation and the City must receive prior approval of the bonds from the Department of Treasury (the "Department") of the State of Michigan.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City is desirous of preceding with the refunding of the Corporation's Prior Bonds.

2. The City Clerk or the City Treasurer is authorized to file an application with the Department for approval of the sale of the proposed refunding bonds.

3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

(Motion adopted.)

Purchase-Police Patrol Vehicles The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, sealed bids have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing six (6) four-door police patrol vehicles; and

WHEREAS; funding for said purchase is included in the Police Patrol Bureau activity of the 1996-97 General Fund budget, account number 101-000-325-985.101; now therefore

RESOLVED, that the low proposal included in the Midland Ford-Lincoln Mercury bid for six (6) four-door patrol vehicles in the indicated amount of $119,478.00, is hereby accepted, and a purchase order is authorized. (Motion adopted.)

TCO P-97-10 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-10 filed October 23, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on Midfield Lane (formerly the Service Road Connector) between Joseph Drive and the Service Road.

is hereby made permanent. (Motion adopted.)

TCO P-97-11 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-11 filed October 23, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on the north side of Ellsworth Street between Cronkright Street and Ashman Street.

is hereby made permanent. (Motion adopted.)

TCO P-97-12 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-12 filed October 23, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on the north side of the Service Road from Midfield Lane (formerly the Service Road Connector) to 300 feet west.

is hereby made permanent. (Motion adopted.)


TCO P-97-13 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-13 filed October 30, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping standing and parking shall be prohibited on the east side of Siebert Street from Dilloway Drive to 100 feet north.

is hereby made permanent. (Motion adopted.)

TCO P-97-14 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-14 filed October 30, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping, standing and parking shall be prohibited on the north side of Dilloway Drive from Nakoma Drive to Siebert Street except at indented parking locations.

is hereby made permanent. (Motion adopted.)

TCO P-97-15 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-15 filed October 30, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the south side of Wexford Avenue from 70 feet east of Tibbs Street to 170 feet east of Tibbs Street and from 290 feet east of Tibbs Street to 350 feet east of Tibbs Street.

is hereby made permanent. (Motion adopted.)

TCO P-97-16 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-97-16 filed October 30, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That a three hour weekday parking limit be established for the Pere Marquette Rail-Trail Parking Lot on City owned property at Dublin Avenue.

is hereby made permanent. (Motion adopted.)

TCO R-97-08 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. R-97-08 filed October 23, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That a maximum speed limit of 45 miles per hour be established on Wackerly Road between Stark Road and Dublin Avenue.

is hereby made permanent. (Motion adopted.)

1998-99 Budget Priorities The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:30 p.m., Monday, February 16, 1998, in the Council Chambers of City Hall to hear public input on priorities for the City's annual budget for the fiscal year ending June 30, 1999. (Motion adopted.)

Annual Compensation - Attorney The following resolution was offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the salary of Patricia L. Halm, City Attorney, is amended to recognize a salary increase from $52,000 annually to $55,000; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect. (Motion adopted.)

Annual Compensation - Manager The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $91,000 annually to $95,000; and

RESOLVED FURTHER, that all other terms and conditions of the contract shall remain in effect. (Motion adopted.)

Closed Session The City Clerk read and presented the following resolution calling for a closed session to discuss specific pending litigation:

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 attorney regarding pending litigation 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. ROLL CALL VOTE: Yeas: Black, Coppage, Moolenaar, Tysse, Wazbinski Nays: None)

Being no further business the meeting adjourned to a closed session at 11:01 p.m.

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Penny K. Kovacevich, City Clerk