City Council Meeting Minutes April 27 1998

April 27, 1998

A regular meeting of the City Council was held on Monday, April 27, 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 Moolenaar, Marty Wazbinski

Councilmen absent: John Coppage (excused), John Tysse (excused)

Minutes Approval of the minutes of the April 13, 1998 regular meeting and April 20 and 22, 1998 special meetings was offered by Councilman Wazbinski and seconded by Councilman Moolenaar. (Motion adopted.)

Proposed 98-99 Budget Mayor Black opened the public hearing on the 1998-99 proposed budget at 7:35 p.m. Ned Bowden, 4512 Bond Court, spoke in opposition to the proposed increases to the water and sewer rates. Richard McCreadie, 2700 Washington, requested Council consider budgeting $250,000 for storm sewer cleaning, called for a time study to be completed on all city jobs, wanted to hire another City Attorney and wanted the budget for the attorney to be set by City Council. He expressed his opposition to the relocation of two fire stations and felt working with other townships to set up a new fire commission would be cost effective. Mr. McCreadie also felt that brush pickup needs to be improved, more general fund money should be applied to road maintenance, Barstow Airport should be sold and part of the money spent on the sewer improvements, and the Library should not be allowed to hire new employees. Charles Hepenstal, 1317 North Parkway, commented that a true user fee should be imposed on Barstow Airport users to eliminate the subsidy. Mr. Hepenstal also opposed the small lease fee charged for hangars at the airport. William Fagley, 2700 Glendale, indicated he saw no major problems with the budget, he expressed a desire to see more data on the proposed relocation of two fire stations. The public hearing closed at 8:30 p.m.

PUBLIC COMMENTS Richard McCreadie, 2700 Washington, requested the City regulate the illegal placement of signs on outlawns.

Rossman’s Resignation - Merit System Board The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the resignation of Valerie C. Rossman from the Merit System Board is hereby accepted and the administration is directed to convey the Council’s appreciation to Ms. Rossman for her service on this important Board. (Motion adopted.)

Easement Agmt - Midland Place Assoc. for Public Water Mains The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the attached Easement Agreement from Midland Place Associates, L.L.C., to the City of Midland, for the public water main within this private development, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Easement is ordered recorded. (Motion adopted.)

Site Plan #167 - Tamarack Apts. James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 167 - Tamarack Apartments. The Planning Commission recommended approval of the site plan. Dorothy Lengerman, 405 E. Nelson, expressed her concern over the addition of buildings that must be connected to an inadequate storm and sanitary sewer system. Charles Hepenstal, 1317 North Parkway, was concerned that the City was operating under a non-compliance of DEQ and stated the City, in his opinion, should not continue to connect buildings to an inadequate storm and sanitary sewer system. The following resolution was then offered by Councilman Moolenaar and supported by Councilman Wazbinski:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 167, the request of Randy and Dawn Harsh for site plan review and approval of Tamarack Apartments, a 16-unit residential development consisting of 8 duplex buildings on 2.37 acres on the south side of East Wackerly Street east of Jefferson Avenue; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 167, 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. 167, in accord with the drawing dated as received April 6, 1998. (Motion adopted.)

Site Plan #168 - Hearthstone James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 168 - Hearthstone Duplexes. The Planning Commission recommended approval of the site plan conditioned upon the setback along the north property line being adjusted to comply with the requirements of the Zoning Ordinance. 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. 168, the request of Michael Rapanos for site plan review and approval of Hearthstone Duplexes, a 20-unit residential development consisting of 10 duplex buildings on 2.95 acres on the west side of Waldo Avenue between Eastlawn Drive and Edgewood Street, conditioned upon the setback along the north property line being adjusted to comply with the requirements of the Zoning Ordinance; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 168, 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. 168, in accord with the revised drawing dated as received April 20, 1998. (Motion adopted.)

Labor Contract - Police Officers The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Officers Association of Michigan (POAM), Midland, for labor contract changes effective July 1, 1996 and expiring June 30, 1999; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract. (Motion adopted.)

Auction - Bike & Surplus Items The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 2, 1998 with the net proceeds being deposited in the General Fund or other appropriate City funds. (Motion adopted.)

Purchase - Bituminous Materials The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Valley Asphalt Company of Midland and Saginaw, Michigan for furnishing and paver applying approximately 250 tons of Bituminous Mixture No. 2 for street repair at a cost of $55.00 per ton is hereby accepted; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Valley Asphalt Company of Midland and Saginaw, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture No. 2 for hot mix patching at a cost of $22.92 per ton F.O.B., supplier’s yard, is hereby accepted; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Midland Contracting Company of Bay City, Michigan for furnishing and loading onto City trucks approximately 250 tons of "Sylvax" for pothole patching at a cost of $53.50 per ton F.O.B., supplier’s yard, is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue purchase orders in accord with this resolution, the proposals selected and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder in each materials category. (Motion adopted.)

Purchase - Concrete & Related Materials The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, funds have been provided in several FY 1997-98 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Fisher Sand & Gravel of Midland, Michigan for furnishing a twelve-month supply of concrete and related materials at the unit prices contained in their April 7, 1998 response to our Bid No. 2182 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, purchases are hereby authorized from the alternate vendor, Allied Concrete Products, Inc. of Midland, Michigan in accordance with their bid of April 7, 1998. (Motion adopted.)

Purchase - Road Gravel/Crushed Limestone/Recycled Concrete The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for road gravel, crushed limestone and recycled concrete pavement; and

WHEREAS, funds have been provided in several FY 1997-98 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting city specifications submitted by Fisher Sand and Gravel of Midland, Michigan for furnishing and loading onto city trucks 22A road gravel at the unit cost of $8.25 per ton, furnishing and delivering 22A road gravel at the unit cost of $7.00 per ton, and for furnishing and loading onto city trucks 22A crushed limestone at the unit cost of $9.25 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Briggs Contracting Co. of Sanford, Michigan for furnishing and loading onto city trucks recycled concrete pavement at the unit cost of $5.50 per ton and for furnishing and delivering recycled concrete pavement at the unit cost of $6.75 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Chippewa Contracting, Inc. of Saginaw, Michigan for furnishing and delivering 22A crushed limestone at the unit cost of $8.15 per ton is hereby accepted and purchase orders authorized. (Motion adopted.)

Purchase - Sand The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of sand; and

WHEREAS, funds have been provided in several FY 1997-98 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting city specifications submitted by Chippewa Contracting, Inc. of Saginaw, Michigan for furnishing and loading onto city trucks Class II sand at the unit cost of $1.50 per cubic yard is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Doc Heinz Contracting of Saginaw, Michigan for furnishing and delivering Class II sand at the unit cost of $3.63 per cubic yard is hereby accepted and purchase orders authorized. (Motion adopted.)

Purchase - Ice Control Salt The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 1998-99 budgeted sum for this purpose. (Motion adopted.)

Special Event - Amplified Sound at the Tridge The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, a request has been received from the Office of the Governor for use of amplified sound in the Tridge area on May 8, 1998, beginning at 11:00 a.m.; and

WHEREAS, the Administrative Staff has reviewed the request and recommends approval with the following comments:

The Department of Public Services will insure access to electric service.
The Police Department will monitor the area during this event.
Use of the Tridge area is non-exclusive.
There is no permit required from the City Clerk’s Office. Parking is free in the Tridge area, but parking in other parts of town is regulated and patrolled every two hours. Participants should note signage posted for parking regulations.

; now therefore

RESOLVED, that the request is hereby approved. (Motion adopted.)

Closing of Main Street - 10th Year Anniversary - Mackinac Center The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, a request has been received from the Mackinac Center for Public Policy to close Main Street between Ashman and Gordon Streets on Friday, June 5, 1998, from 3:00 p.m. - 11:00 p.m. during their ten-year anniversary celebration; and

WHEREAS, the Administrative Staff has reviewed the request and recommends approval with the following conditions:

A minimum 12 foot fire lane shall be maintained on Main Street during its closure for this event. The fire lane is necessary should fire apparatus need to access any of the buildings that face on Main Street.
The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions.
An area at least four feet in diameter shall be kept clear around all fire hydrants and the fire department connection for any sprinkler system or standpipe.
The closure should be orchestrated just after the lunch hour, at approximately 1:00 p.m. This will allow time for the majority of the parked vehicles to exit the area prior to the event.
Four sets of barricades each should be set aside by DPS at Gordon/Main and Ashman/Main. On duty police officers would be assigned to erect the barricades and monitor the area for problems.

; now therefore

RESOLVED, that the request is hereby approved. (Motion adopted.)

Gold Wing Road Riders Assoc. Light Parade The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the request to conduct a Light Parade on Saturday, July 18, 1998, from the Gold Wing Road Riders Association of Michigan is hereby approved subject to the requester being made aware of the following:

That fire apparatus may need to cross the route or use streets closed for the event should an emergency incident occur in the area.
The traffic lights at the corners of Ashman/Nelson and Ashman/Carpenter will be programmed to the "Flash" cycle at 9:00 p.m.
The Police Department will assist with traffic control.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests for the event provided it is conducted in substantially the same manner. (Motion adopted.)

98-99 CDBG Budget James Schroeder, Director of Planning and Community Development, presented information to set a public hearing for input on the use of Community Development Block Grant Funds for fiscal year 1998-99. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, the City of Midland will receive $332,000 in Community Development Block Grant funds for fiscal year 1998-99; and

WHEREAS, there are additional funds remaining from previous years and program income in the amount of approximately $386,943; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on May 11, 1998, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant program, as set forth in the attached table. (Motion adopted.)

ZTA No. 132A The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 18, 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 AMENDING ARTICLE XXXI--SIGNS, SECTION 31.1(a)3, CONTENT OF SIGNS IN ONE- AND TWO-FAMILY RESIDENTIAL DISTRICTS, AND SECTION 31.5(b), GROUND POLE SIGNS IN BUSINESS DISTRICTS.

The City of Midland Ordains:

Section 1. That Article XXXI--SIGNS, Section 31.1(a)3, Content of Signs in One- and Two-family Residential Districts, and Section 31.5(b), Ground Pole Signs in Business Districts, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended, as follows:

ARTICLE XXXI--SIGNS

Section 31.1 RESIDENTIAL AND AGRICULTURAL DISTRICT SIGNS

This Section shall apply to signs within the Agricultural Zoning District and all Residential Zoning Districts.

(a) One- and two-family residential uses.

1. Size. One (1) sign not exceeding two (2) square feet in area shall be permitted per dwelling unit.

2. Location. Permitted signs may be placed anywhere on the premises except as restricted elsewhere by this Ordinance, and except as follows:

a. A sign may not project within five (5) feet of any property line.

b. If a ground sign, the height shall not be more than three and one-half (3 1/2) feet.

3. Content. The sign may indicate the ~~name of the occupant,~~ street address, telephone number, AND NAME of ANY LEGAL USE PERMITTED ON the property on which the sign is located.

Section 31.5 BUSINESS DISTRICT SIGNS

This Section shall apply to the Business "B-1," Business "B-2," and Business "C" Zoning Districts.

(b) Ground pole signs.

1. Sign area. Except as provided herein, only one (1) ground pole sign is permitted for an individual parcel, the maximum area of the pole sign being determined as follows:

For parcels with a street frontage of fifty (50) feet or less, a pole sign up to fifty (50) square feet in area is permitted. For parcels with a street frontage greater than fifty (50) feet, the maximum allowable sign area may be increased by one (1) foot for each additional foot of length of street frontage, up to a maximum of one hundred fifty (150) square feet.

2. EXCEPTIONS:

a. - For double-fronting parcels, the criteria shall apply to each street.

b. - Corner parcels with a frontage of three hundred (300) feet or more on each street shall be permitted a ground pole sign for each street frontage. Said signs shall be a minimum of one hundred fifty (150) feet apart.

c. - A parcel with a street frontage in excess of six hundred sixty (660) feet may have an additional pole sign. Said signs shall be a minimum of five hundred (500) feet apart.

3. 2. Location. Except as restricted in Section 31.11(f), ground pole signs may be located anywhere on the property, but shall not project over any public right-of-way.

~~(c)~~ 3. Sign content. A sign may indicate the name, address, and telephone number of the occupant of the premises on which the sign is located, and may contain information only about the goods and services sold, produced, or transacted on the premises.

4. Off-premise directional signs. A property zoned Business "B-1," Business "B-2," or Business "C," when located along a US or State highway route, or when within three hundred (300) feet of an expressway interchange ramp, may display directional sign information limited to the name and logo for food, fuel, and lodging establishments not located on that property. Said signs are limited to four (4) square feet of the total sign area permitted on the property and eight (8) feet in height.

(b) 5. GASOLINE SERVICE STATIONS, MOTELS, AND RESTAURANTS ADJACENT TO THE US-10 CONTROLLED ACCESS HIGHWAY ON A PARCEL OF GREATER THAN ONE HUNDRED FIFTY (150) FEET WIDTH ABUTTING US-10, AND WITH A DEPTH GREATER THAN TWO HUNDRED (200) FEET, AS MEASURED PERPENDICULARLY FROM US-10, MAY CONSTRUCT ADDITIONAL POLE SIGNS ORIENTED TO THE HIGHWAY, IN ACCORD WITH THE FOLLOWING:

LENGTH OF LAND ADDITIONAL POLE MAXIMUM AREA MAXIMUM

ABUTTING US-10 SIGNS ALLOWED ALLOWED HEIGHT

150 - 600 FEET 1 (ONE) 150 SQ. FT. 25 FT.

EACH ADDITIONAL 1 (ONE) 150 SQ. FT. 25 FT.

600 FEET

MINIMUM SPACING BETWEEN SIGNS, ONE HUNDRED TWENTY-FIVE (125) FEET.

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.)

Service Road Abandonment - Cinema Drive The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the Midland City Council, acting upon the request of Mark Maddox, Attorney, on behalf of Bennett Construction, Inc., and Midland Cinemas, Inc., for a determination as to whether the City of Midland has any objections to the abandonment of a Michigan Department of Transportation road right-of-way/ easement across property owned by the Midland Cinemas and Bennett Construction, from Cinema Drive to a point approximately 340 feet west of Jefferson Avenue, referred the matter to the Midland City Planning Commission, and the City Engineer for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending relinquishment of the roadway easement; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the request, subject to any rights that The Dow Chemical Company may have on the property; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the abandonment of the right-of-way/easement from Cinema Drive to approximately 340 feet west of Jefferson Avenue; and

RESOLVED FURTHER, that the 8th day of June, 1998, at 7:30 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said property, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing; and

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

Being no further business the meeting adjourned at 9:15 p.m.

_____________________________________

Penny K. Kovacevich, City Clerk