February 9, 1998

A regular meeting of the City Council was held on Monday, February 9, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided.

Junior Girl Scout Troop #308 from Plymouth Elementary led the Pledge of Allegiance to the Flag.

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

Councilmen absent: John Coppage (excused)

Minutes Approval of the minutes of the January 26, 1998 regular and special meeting and the February 2, 1998 special

meeting was offered by Councilman Wazbinski and seconded by Councilman Tysse. (Motion adopted.)

Retirement - Larry L. Smith The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, Larry L. Smith, born in Litchfield, Illinois, joined the City of Midland as a Part-Time Motor Bus Operator/Coordinator on June 1, 1981; and

WHEREAS, Larry was promoted to Full-Time Motor Bus Operator/Coordinator on February 1, 1982 and retires from the position of Full-Time Motor Bus Operator/Coordinator; and

WHEREAS, Larry has been an integral part of the Dial-A-Ride Transportation System, has exhibited enthusiasm in his position and assisted the administration in providing safe, reliable public transportation for the Citizens of Midland; and

WHEREAS, this individual has devoted nearly seventeen years of professional service to the City of Midland and retires February 13, 1998; now therefore

RESOLVED, that the City Council hereby commends the dedicated career rendered to the Midland community for nearly seventeen years by Larry L. Smith, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.)

Walk for Warmth Day 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 Saturday, February 21, 1998 as Walk for Warmth Day in Midland. (Motion adopted.)

Public Comments No comments were made.

Cable Franchise Committee Patricia Halm, City Attorney, stated that on January 26, 1998, the City Council authorized the creation of a Cable Franchise Committee. At that time, Council appointed all members of the Cable Communications Advisory Commission and MCTV Director, Ron Beacom, to serve on the Cable Franchise Committee. Pursuant to the resolution approved on January 26, 1998, it was recommended that Council appoint to the Committee a city resident to serve as a public representative, an educational community representative and a City administrative staff representative. Ms. Halm presented the nominations from the educational community and City administrative staff, along with a list of candidates for the representative of the City residents. Daniel McCarty, 1814 Wyllys, a candidate for the representative of the residents, appeared before Council to indicate his willingness to serve on the Committee. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the following citizens are hereby appointed to serve on the Cable Franchise Committee as established by the City Council on January 26, 1998, until such time as Bresnan Communications' Franchise Agreement has been renewed or City Council has made the determination not to renew said Agreement:

Appointee Representing:

1. Daniel McCarty The Public

2. Douglas Fillmore The Educational Community

3. John E. Duso The City Administrative Staff

(Motion adopted.)

1998-99 Construction Projects Brian McManus, Assistant City Engineer, presented the amended proposed construction project listing for 1998-99. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 1998-99 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; and

WHEREAS, City Council approved an amended proposed construction project listing for 1998-99 and directed the administration to include funding requests for the proposed projects in the 1998-99 budget; now therefore

RESOLVED, that the amended report is hereby directed to be placed on file in the City Clerk's Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall. (Motion adopted.)

Annexation - Larkin Twp. James Schroeder, Director of Planning and Community Development, presented information regarding the annexation of property from Larkin Township through the joint resolution process. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, the owner of certain property located in Larkin Township has requested annexation through the joint resolution process; and

WHEREAS, on January 13, 1998, the requested annexation was approved by the Township Board of the Township of Larkin; now therefore

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

Part of Section 29, T15N, R2E, Midland County, Michigan, described as: Commencing 79 feet north of the Southwest corner of said Section 29; thence North 79 feet; thence East 400 feet; thence South 79 feet; thence West 400 feet 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 Larkin by the property owner that is the subject of the petitions and holds 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioner, with said annexation to the City of Midland to be accomplished upon the passage of this resolution; and

RESOLVED FURTHER, that the City Clerk will forward to the Office of the Great Seal of the Michigan Department of State, the Midland County Clerk, and the Midland County Equalization Department notification of said annexation. (Motion adopted.)

Site Plan #163-Montessori School James Schroeder, Director of Planning and Community Development, presented information regarding Site Plan No. 163 for Montessori School. The Planning Commission recommended approval conditioned upon proper signage to indicate one inbound and one outbound driveway. Laura Mock, a high school student living at 5402 Campau, asked if the Montessori School property extended back to Dilloway Drive and if they had considered placing the drive from Montessori School on Dilloway Drive? Mr. Schroeder indicated initially they explored that possibility but the site plan submitted by the Montessori School requested the second drive be on Eastman Avenue. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 163, the request of Tim Evans, on behalf of the Midland Montessori School, 5709 Eastman Avenue, for site plan review and approval of a new driveway to Eastman Avenue from the school site, conditioned upon proper signage to indicate one inbound and one outbound driveway; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 163, in accordance with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 163, in accord with the drawing dated as received November 26, 1997, conditioned upon proper signage to indicate one inbound and one outbound driveway. (Motion adopted.)

Continuum of Care Plan - County James Schroeder, Director of Planning and Community Development, presented information regarding the request from the Health and Human Services Council of Midland County to endorse its Continuum of Care Plan and projects contained in that plan. Susan Asher, Executive Director of Midland Area Homes, requested Council look favorably upon the request to support the plan as submitted. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, adequate and affordable housing is a major concern in Midland County, as housing costs continue to rise at a faster rate than the incomes of low and moderate income groups; and

WHEREAS, it is understood that homelessness is not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs including physical, economic and social; and

WHEREAS, a Continuum of Care Plan has been developed for Midland County, providing a strategy designed to take people from homelessness or threat of homelessness through local support services and housing, to permanent, affordable housing and stability in the community; now therefore

RESOLVED, that the Midland City Council hereby supports the attached list of projects in the Continuum of Care Plan for Midland County. (Motion adopted.)

98 Midland Armory Sewer The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a sanitary sewer from the Midland National Guard Armory to the existing sewer system at the Midland County Fairgrounds to drain the Armory wastewater into the City sewer system and eliminate the existing septic system at the Armory; and

WHEREAS, funding for this project is provided by the Michigan Department of Military Affairs (Account No. 402-765); now therefore

RESOLVED, that the low sealed proposal submitted by Great Lakes Contracting Enterprises, Inc. of Freeland, Michigan, for the "1998 Midland Armory Sewer; Contract No. 3", in the indicated amount of $27,997.50, 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 any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

Gift - New Library Sound System The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, the Friends of the Grace A. Dow Memorial Library have expressed interest in making a gift in the amount of $12,000 to supplement funding in the 1997-98 budget for the purchase of a new sound system for the library auditorium; now therefore

RESOLVED, that the City Council hereby accepts this generous gift and expresses its appreciation on behalf of the citizens of the City of Midland; and

RESOLVED FURTHER, 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 23, 1998, in the Council Chambers of City Hall on the proposal to amend the 1997-98 budget of the Library Fund to increase revenues from Contributions by $12,000 and to increase expenditures for Capital Outlay by $12,000, and the City Clerk shall give notice as provided in Section 11.4 of the Charter of the City of Midland. (Motion adopted.)

96 Sidewalk Special Assmt. Dist. and Roll Proposed Revisions The following resolution was offered by Councilman  Wazbinski and seconded by Councilman Tysse:

WHEREAS, certain changes and revisions are required to amend the 1996 Sidewalk Improvement Special Assessment District to agree with final construction conditions and walks installed by certain property owners and the City of Midland to comply with the conditions set forth in the Sidewalk Construction Agreements and resolutions approved by Council for said program; and

WHEREAS, the assessment roll for the 1996 Sidewalk Improvement Special Assessment District shall be revised for the certain properties listed below:

14-02-50-326 14-05-10-176

14-02-60-102 14-06-92-002

14-03-20-296 14-17-30-324

14-05-10-174

; and

WHEREAS, sidewalk has not been installed on Revere Street (west side) from Main Street to West Park Drive because insufficient public Right of Way exists to construct the sidewalk in this location; and

WHEREAS, a public hearing is required to amend the April 22, 1996 resolution wherein the installation of sidewalks on the above described properties was determined to be a necessary public improvement and the Special Assessment Roll for the 1996 Sidewalk Improvement Special Assessment District; now therefore

RESOLVED, that the City Council will meet in the City Hall in said City on Monday, February 23, 1998 at 7:30 p.m., then and there to hear any objections or suggestions on the proposed revisions to the 1996 Sidewalk Improvement Special Assessment District and Special Assessment Roll; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to the proposed revisions to said special assessment district by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor's office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion adopted.)

Closed Session- Pending Litigation The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

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, Moolenaar, Tysse, Wazbinski Nays: None Absent: Coppage)

Being no further business the meeting adjourned to a closed session at 8:35 p.m.

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Penny K. Kovacevich, City Clerk