March 23, 1998

A regular meeting of the City Council was held on Monday, March 23, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

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

Councilmen absent: John Tysse (excused)

 

Minutes Approval of the minutes of the March 9, 1998 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Zoning Petition No. 430 James Schroeder, Director of Planning and Community Development, presented information on the zoning of property on the north side of North Saginaw west of Dublin Avenue. This property was recently annexed to the City from Homer Township. A public hearing was opened at 7:40 p.m., no comments were made, the hearing closed at 7:41 p.m. The following ordinance was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

ORDINANCE NO. 1409

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 AND A BUSINESS B-2 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

be, and the same is hereby changed to a Residential A-1 District; and

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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

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

Zoning Petition No. 432 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 432 - rezoning 3.25 acres on the southeast corner of Bayliss Street and Lyon Road. A public hearing was opened at 7:43 p.m., no comments were made, the hearing closed at 7:44 p.m. The following ordinance was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1410

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS C ZONING CLASSIFICATION WHERE AN INDUSTRIAL A DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

be, and the same is hereby changed to a Business C District; and

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

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

PUBLIC COMMENTS Richard McCreadie, 2700 Washington, commented on the following topics:

Fosgitt - SESAC Resignation The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the resignation of Jennifer B. Fosgitt as a member of the Sewer Engineering Study Advisory Committee (SESAC) is hereby accepted and the administration is directed to convey the Council’s appreciation to Ms. Fosgitt for her service on this important committee. (Motion adopted.)

Site Plan No. 164 - Fazoli’s James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 164 for Fazoli’s Italian Restaurant. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 164, the request of Alta Construction for site plan review and approval of a 3,580 square foot commercial building (Fazoli’s Italian Restaurant) with a drive-up window on .84 acres on the west side of Eastman Avenue across from the Midland Mall, conditioned upon the construction of a curb along the drive between the drive-through and the adjoining property; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 164, 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. 164, in accord with the revised drawing dated March 18, 1998, conditioned upon the construction of a curb along the drive between the drive-through and the adjoining property. (Motion adopted.)

H.R. 589 - Fair Housing Reform & Freedom of Speech Act of 1997  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a decision based on the Fair Housing Act by a Federal District Court in Seattle, Washington prevented the City of Bellevue, Washington from adopting any meaningful local residential zoning regulation of group facilities; and

WHEREAS, this decision appears to prevent a city from imposing any regulation on a maximum occupancy, dispersal or placement of dangerous persons unless that regulation is also imposed upon conventional families; and

WHEREAS, HR 589 the Fair Housing Reform and Freedom of Speech Act of 1997 has been introduced into Congress to provide local governments with the affirmative power to enact zoning ordinances which will allow them to regulate the location, size and placement of dangerous persons or the concentration of group facilities; now therefore

RESOLVED, that the City Council hereby supports HR 589; and

RESOLVED FURTHER, that John S. Coppage, Councilman of Ward II and the Legislative Coordinator of the City of Midland is hereby authorized to submit a letter to our Congressman and U. S. Senators concerning the City Council’s support of this legislation. (Motion adopted.)

Easement Agmt - Arnold Center James Schroeder, Director of Planning and Community Development, presented information on a request from the Arnold Center, Inc. to enter into an easement agreement with the City that would allow the Arnold Center to utilize City-owned land for parking and access purposes. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the City Council approves the request of the Arnold Center, Inc., for the use of City-owned property for purposes of parking and access to Bayliss Street; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Easement Agreement on behalf of the City. (Motion adopted.)

S.A.R.A. Special District The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications, and diagrams) on the request for the establishment of the 1998 Special Assessment District for the Shopping Area Redevelopment District. (Motion adopted.)

Proposed Low-Income Housing Corner of Indian & State Streets  James Schroeder, Director of Planning and Community Development, presented information on a request to transfer City-owned land to the Affordable Housing Alliance of Midland County (AHA), a non-profit organization. AHA is proposing a housing project to help meet the needs of the very low-income families. The request asks that Council express its willingness to transfer land on the corner of Indian and State Streets to the Affordable Housing Alliance, contingent upon obtaining financing for the proposed housing project.

John Zimmerman, Director of United Way of Midland County, indicated that AHA was planning a neighborhood meeting in May to receive input from citizens on the housing project. Councilman Coppage, seconded by Councilman Moolenaar, moved that Council support the request of the Affordable Housing Alliance. After discussion, Councilman Coppage requested that his motion be withdrawn, there being no objections the motion was withdrawn. Councilman Coppage, seconded by Councilman Moolenaar, then moved the following resolution:

RESOLVED, that staff is hereby directed to assist the Affordable Housing Alliance in setting up a neighborhood meeting to receive citizen input on placement of housing on the corner of Indian and State Streets for low income families. Staff to prepare a report of findings to present to Council. (Motion adopted.)

Abandonment of Service Road The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that a request to abandon the service drive on the north side of US-10, from Cinema Drive easterly to approximately 340 feet west of Jefferson Avenue, be referred to the City Planning Commission and the City Engineer for review and comment for recommendation back to the City Council. (Motion adopted.)

Transfer of Jurisdiction - County Roads in City to City of Midland The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the Midland County Road Commission adopted a resolution on March 5, 1998 authorizing the transfer of jurisdiction for certain County Roads to the City of Midland; and

WHEREAS, the City of Midland is desirous of accepting jurisdiction of certain County Roads to better serve the residents of the City of Midland; now therefore

RESOLVED, that the City Council hereby accepts jurisdiction of the following roads for maintenance and operation:

W. Wackerly Road - from 1320 feet west of Dublin Road to Stark Road

Tittabawassee River Road - from Dublin Avenue to Lambert Road

Jefferson Avenue - from Wackerly Street to the city limits line on the west side Waldo Road - from the city limits line on the west side to Wheeler Street

Green Road - from Tittabawassee River Road to old city limits line

Perrine Road - from old city limits to new city limits line

Airport Road - from Jefferson Avenue to 0.33 miles west

(Motion adopted.)

TCO P-97-19 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. P-97-19 filed December 17, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

 

 

98 Major Street Reconstruction; Contract No. 9  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of the following streets:

Perrine Road from Moorland Drive to Wackerly Street

Washington Street from Ashman Street to Sugnet Road

Wheeler Street from Saginaw Road to west of Jefferson Avenue

; and

WHEREAS, funding for this project is provided by the Major Street Fund (Account No. 201-071); now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "1998 Major Street Reconstruction; Contract No. 9", in the indicated amount of $306,766.55, 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.)

 

98 Local Street Reconstruction; Contract No. 12  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of the following streets:

Campau Drive from Saginaw Road to Sylvan Lane

Currie Parkway from Main Street to Isabella Road

Fuller Drive from Waldo Road to Mark Twain Drive

Nelson Street from Ashman Street to Dartmoor Place

Sylvan Lane from Campau Drive to Eastman Avenue

; and

WHEREAS, funding for this project is provided by the Local Street Fund (Account No. 204-022); now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "1998 Local Street Reconstruction; Contract No. 12", in the indicated amount of $357,447.80, 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.)

MDOT Contract 98-5057 Dow East-West Connector Road  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, proposed Contract No. 98-5057 for the construction of a new Dow East-West Connector Road between Waldo Road and The Service Road has been received from the Michigan Department of Transportation; and

WHEREAS, a report has been received from the Assistant City Engineer recommending approval of the proposed contract; and

WHEREAS, the project cost is estimated to be $922,915 with proposed funding of $550,000 from the Transportation Economic Development Fund and the remaining share from the Major Street Fund and County Road Millage Funds; now therefore

RESOLVED, that the City Council hereby approves the proposed MDOT Contract 98-5057 for construction of a new Dow East-West Connector Road between Waldo Road and The Service Road and authorizes the Mayor and City Clerk to sign on behalf of the City; 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.)

MDOT Contract No. 98-5083 Milling & Resurfacing M-20 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, proposed Contract No. 98-5083 for the milling and resurfacing of Highway M-20 between the Tittabawassee River Bridge and Meridian Road has been received from the Michigan Department of Transportation; and

WHEREAS, a report has been received from the Assistant City Engineer recommending approval of the proposed contract; and

WHEREAS, the pro rata share of the cost of the estimated contract amount of $1,003,900 is as follows: Federal Aid, $821,700; Michigan Department of Transportation, $166,300; and City of Midland $15,900; now therefore

RESOLVED, that the City Council hereby approves the proposed MDOT Contract 98-5083 for milling and resurfacing of Highway M-20 between the Tittabawassee River Bridge and Meridian Road and authorizes the Mayor and City Clerk to sign on behalf of the City; and

RESOLVED FURTHER, that the City share of the costs be charged to the contingency line item of the 1997-98 Major Street Fund. (Motion adopted.)

Mini-Prix Race The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the request the Midland Downtown Business Association asking for permission to conduct the Midland Mini-Prix Race in downtown Midland on Saturday, June 13, 1998, is hereby approved subject to the requester meeting the following requirements:

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner. (Motion adopted.)

ZTA No. 131A The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 13, 1998, at 7:30 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. __________

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 ADDING A NEW ARTICLE X--HISTORIC PRESERVATION OVERLAY DISTRICT.

The City of Midland Ordains:

Section 1. That a new Article X--HISTORIC PRESERVATION OVERLAY DISTRICT, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby added and shall read as follows:

ARTICLE X--HISTORIC PRESERVATION OVERLAY DISTRICT

SECTION 10.1 AREA, HEIGHT, AND PLACEMENT REGULATION

  1. ANY DEVIATIONS FROM REQUIRED SETBACKS AND OTHER DEVELOPMENT STANDARDS RESULTING FROM THE WORK CAN BE DOCUMENTED AS BEING AN HISTORICALLY APPROPRIATE REHABILITATION ACTIVITY.
  2. THE WORK IS APPROVED BY THE LOCAL HISTORIC DISTRICT COMMISSION, IF THE PROPOSED WORK EXCEEDS THE MINIMUM REQUIREMENTS OF THE UNDERLYING ZONING DISTRICT.
  3. THE WORK IS NOT IN CONFLICT WITH OTHER APPLICABLE LOCAL, STATE, OR NATIONAL CODES.

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

Section 3. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

ZTA No. 131A (Map) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 13, 1998, at 7:30 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN HISTORIC PRESERVATION OVERLAY DISTRICT.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

be, and the same is hereby amended to add an Historic Preservation Overlay District.

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

Section 3. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Natural Gas Bulk Purchase Robert Fisher, Director of Fiscal Services, requested that Council consider approval of an agreement for the purchase and storage of natural gas in bulk quantities at a fixed cost of $2.57 per MCF for a three year period. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City is interested in purchasing natural gas in bulk to provide a cost savings over our current supply method; and

WHEREAS, such determination has been made that using CMS Marketing Services to act as the City’s exclusive broker for supplying natural gas would save the City approximately $20,000 annually; and

WHEREAS, under Section 2-18 of the Code of Ordinances competitive bidding is waived as impractical; now therefore

RESOLVED, that the City Council hereby approves the award and contract with CMS Marketing Services to supply all City locations with natural gas at a rate not to exceed $2.57 per MCF for a period of three (3) years and approves the accompanying contract, which the Mayor and City Clerk are hereby authorized to execute. (Motion adopted.)

Wastewater Treatment Overflow Noel Bush, Utilities Director, reported on the March 18, 1998, Wastewater Treatment Plant overflow. During the day the City received rainfall of approximately 1.25" accompanied by a snow melt with a rain equivalency of another 1" for a total of 2.25" of precipitation in a 24 hour period. During this period of time:

The consulting engineers, Hubbell, Roth and Clark, felt the March 18, 1998 event reinforced their finding that the potential contribution from footing drains is the largest single source of storm water inflow into the City’s collection system. When the capacity of the plant, 18 million gallons, is reached and the retention basin is full overflows to the Tittabawassee River occur.

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

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, Wazbinski Nays: None Absent: Tysse)

 

Being no further business the meeting adjourned to a closed session at 9:20 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk