May 11, 1998

A regular meeting of the City Council was held on Monday, May 11, 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, John Tysse, Marty Wazbinski

Councilmen absent: None

 

Minutes Approval of the minutes of the April 27, 1998 regular meeting was offered by Councilman Coppage and seconded by Councilman Tysse. (Motion adopted.)

Citizens Interested in Serving on Boards/Commissions   Charles Hepenstal, 1317 North Parkway, requested Council look favorably on his application to serve on the Aviation Advisory Commission. Jeffrey L. Bennett, 4604 Liberty Drive, requested Council consider his application for a position on the Planning Commission. Betsy Granstra, 413 Wilson Drive, applied for a position on the Parks and Recreation Commission and requested Council look favorably on her application.

98-99 Proposed Budget Prior to holding a public hearing, Robert Fisher, Director of Fiscal Services, presented a comparison of the City’s 1997 and proposed 1998 General Fund operating millage in accord with MCL 141.412 Truth in Budgeting. The public hearing was opened at 7:47 p.m. Ned Bowden, 4512 Bond Court, spoke in opposition to the proposed increase in water and sewer rates. The hearing closed at 8:12 p.m. Following the public hearing the Mayor led a discussion on proposed programs included in the 1998-99 budget. Shelly Spencer-Burns, 1291 S. Homer Road, felt that using a chipper to dispose of brush would be more efficient. Richard McCreadie, 2700 Washington, agreed with Shelly Spencer-Burns that a chipper would be more efficient if used for brush pickup. Department of Public Services Director, Martin McGuire, explained that a chipper can be used productively by the City’s tree trimming crews but not in the City wide brush pickup program. It was the consensus of Council that it will not support the bundling of brush or an increase in yard waste fees. Council will support the Borrow-a-Container Program and will also support changing the brush pickup districts from nineteen to five.

98 SARA Diane Dryzga, City Assessor, presented information on a downtown economic revitalization program. The public hearing was opened at 9:28 p.m. Richard Handlon, 240 W. Main Street, spoke in favor of the program. The hearing closed at 9:30 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated April 13, 1998, said district being:

and has heretofore established one special assessment district designated:

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 11, 1998, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of thirty-six thousand sixteen and 20/100 dollars ($36,016.20) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to thirty-six thousand sixteen and 20/100 dollars ($36,016.20) shall be borne and paid by special assessment on all lands and premises in said 1998 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis. (Motion adopted.)

98 SARA (Assessment Roll) The following resolution was then offered by Councilman Tysse and seconded by Councilman Wazbinski:

WHEREAS, pursuant to the direction of the Council, the City Assessor of said City of Midland has prepared and reported to the Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "1998 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program in said district, as designated in Resolutions heretofore adopted by the Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:30 o'clock p.m., on the eighth day of June 1998, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the eighth day of June, l998, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses 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 the Public Acts of Michigan of 1962. (Motion adopted.)

98-99 CDBG Budget James Schroeder, Director of Planning and Community Development, presented information on the proposed 1998-99 Community Development Block Grant Budget. The public hearing was opened at 9:36 p.m. Barbara Fisher, 502 Hollybrook, requested information on the Community Development Block Grant Program. James Schroeder indicated that Mrs. Fisher could contact the City of Midland Planning Department for information on programs that could assist her. Shelly Spencer-Burns, from the Give Me Shelter Visions Drop-In Center, requested Council consider adding $27,000 to the Community Development Block Grant Budget for the purchase of a van for the Center. James Schroeder stated that the CDBG budget included funds for housing services, housing rehabilitation and economic development but did not include funds for a van. The hearing closed at 9:46 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

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, a public hearing was held by the City Council on Monday, May 11, 1998, at 7:30 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 1998-99 Community Development Block Grant Program as set forth in the attached table; now therefore

RESOLVED, that the proposed 1998-99 budget, as specified in the attached Table 2, for the projected use of funds for the Community Development Block Grant Program is adopted. (Motion adopted.)

License Transfer-Bamboo Garden Mayor Black requested Council allow him to abstain from voting on the request for transfer of ownership of a 1997 Class C Licensed Business - Bamboo Garden. Mayor Black is representing the owners of Bamboo Gardens as their attorney in the sale of the business. Council unanimously agreed to the abstention. Mayor Black handed the gavel to Mayor Pro-tem Coppage. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the request from BAMBOO GARDEN, LIMITED to transfer all stock to Fu Hua Zhong aka Frank Zhong in 1997 Class C licensed business, located at 2600 N. Saginaw, Midland, MI 48640, Midland County, through transfer of 90 shares from Ya Chu Chow, individually, and 225 shares from Carl D. and Ya Chu Chow, jointly (Step II) be considered for approval. It is the consensus of this legislative body that the application be recommended for issuance. (Motion adopted. Yeas: Coppage, Moolenaar, Tysse, Wazbinski Nays: None Abstained: Black) The gavel was then returned to Mayor Black to preside over the meeting.

Fisher Road Property - Bay City Road Interchange Project The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Warranty Deed from John A. Rapanos and Judith A. Rapanos to the City of Midland, for property located in Section 19, T. 14 N., R. 3 E., Williams Township, County of Bay, is hereby accepted and that the Warranty Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Lang) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from Laurence C. Lang and Janet Glover Lang to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Hoy) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from E. Polly Hoy to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Thomas) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from Robert J. Thomas and Diane C. Thomas to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Sias) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from David E. Sias and Alice M. Sias to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Miller) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from James Miller to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Meister) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from Bernard J. Meister and Janet Mae Meister to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Zimmerman) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from John P. Zimmerman and Patricia J. Zimmerman to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Cannon) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from Dann Cannon and Janet Lang Cannon to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Dornbos) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from Paul M. Dornbos and Ruthetta M. Dornbos

to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Gooch) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quitclaim Deed from Ralph M. Gooch and Coral G. Gooch to the City of Midland, for the right of way on Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Gooch) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Easement Agreement from Ralph M. Gooch and Coral G. Gooch to the City of Midland, for the right of way to construct the turn radius at the northeast corner of Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded. (Motion adopted.)

Chippewa Lane & Smith Street Right Of Way Deed (Lang) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Warranty Deed from Laurence C. Lang and Janet Glover Lang to the City of Midland, for the right of way to widen Chippewa Lane to 24 feet wide west from Smith Street and to construct the turn radius at the northwest corner of Chippewa Lane and Smith Streets, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Warranty Deed is ordered recorded. (Motion adopted.)

Budget Transfer - Tax Roll Adjustment  The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the City Controller is authorized to transfer $71,000 from the 1997-98 General Fund Reserve for Contingencies to the appropriation for tax roll adjustments. (Motion adopted.)

Legal Services - Bay City Road Interchange Project The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City of Midland has entered into an agreement with the Michigan Department of Transportation to construct a full interchange at the intersection of Bay City Road and US 10; and

WHEREAS, the services of the law firm of Miller, Canfield, Paddock and Stone have been retained to assist the City of Midland with its efforts in the acquisition and condemnation phases of this endeavor; and

WHEREAS, on August 11, 1997, Council authorized payments to Miller Canfield for the aforementioned services in an amount not to exceed $100,000.00; and

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

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

RESOLVED, that payment to the law firm of Miller, Canfield, Paddock and Stone for continued legal services in the matter of the aforementioned Bay City Road/US 10 Interchange is hereby authorized in an amount not to exceed $200,000 for the acquisition activities phase. (Motion adopted.)

MML Legal Defense Assistance - "Laser Color" Lawsuit   Patricia Halm, City Attorney, requested Council consider the approval of a resolution requesting assistance from the Michigan Municipal League Legal Defense Fund to provide aid in the appeal to the Michigan Supreme Court regarding the "Laser Color" lawsuit. The following resolution was then offered by Councilman Coppage and supported by Councilman Tysse:

WHEREAS, the City of Midland is currently involved in the following described litigation: a motion for rehearing of the Court of Appeals’ decision of the "Laser Color" lawsuit; and

WHEREAS, the Court of Appeals’ decision in the underlying lawsuit will be appealed to the Michigan Supreme Court if the motion for rehearing is denied; and

WHEREAS, the City believes the issues involved in this litigation are such that the Michigan Municipal Legal Defense Fund may wish to provide supportive aid to such litigation; and

WHEREAS, the City desires to receive the assistance of the Michigan Municipal League Legal Defense Fund; now therefore

RESOLVED, that the City of Midland hereby authorizes the City Attorney to request aid from the Michigan Municipal League Legal Defense Fund in the appeal to the Supreme Court described above, if necessary; and

RESOLVED FURTHER, that it is agreed that acceptance of such support shall constitute an agreement by the City of Midland to abide by any conditions placed upon the aid offered by the Fund. (Motion adopted.)

Agreement with Midland Mall "Safety Days"  The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the City Council hereby agrees to enter into an agreement with the Midland Mall Marketing Fund, Inc., and agrees to the RULES AND REGULATIONS FOR EXHIBITORS to allow the Police and Fire Departments to exhibit at the "Safety Days" exhibit at the Midland Mall, May 16 & 17, 1998; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to sign said agreement on behalf of the City of Midland. (Motion adopted.)

Agreement with Midland Mall Midland Beautification Posters   The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the City Council hereby agrees to enter into an Agreement with the Midland Mall Marketing Fund, Inc., and agrees to the RULES AND REGULATIONS FOR EXHIBITORS for a Beautification Advisory Committee Poster Exhibit at the Midland Mall from May 20 - 28, 1998; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to sign said Agreement on behalf of the City of Midland. (Motion adopted.)

Purchase - Green Machine Sweeper (DPS)  Martin McGuire, Director of Public Services, presented a video on a vacuum-type sweeper the Department of Public Services is requesting be purchased. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, funds for the purchase of a vacuum-type sweeper are available in the 1997-98 Equipment Revolving Fund budget for Investment in Assets; and

WHEREAS, there is only one vendor in the state of Michigan authorized to sell the brand of machine that proved to be most versatile for the City of Midland; and

WHEREAS, Section 2-18 of the Midland Code of Ordinances allows for the waiving of competitive bids for purchases in excess of $20,000 when sealed proposals are impractical; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $20,000 from "Brush Chipper," account number 640-000-970-977.342, and $5,000 from "P.C. Computer," account number 640-000-970-982.104 to "Sweeper," account number 640-000-970-985.111, all within the 1997-98 Equipment Revolving Fund budget for Investment in Assets; and

RESOLVED FURTHER, that competitive sealed proposals are hereby waived and the Purchasing Agent is hereby authorized to issue a purchase order to Bell Equipment of Lake Orion, MI in the amount of $25,000 for the purchase of a new vacuum-type sweeper. (Motion adopted.)

Central Park Pool Agreement / Midland Community Center Martin McGuire, Director of Public Services, presented an agreement between the City of Midland and the Midland Community Center that would allow the Midland Community Center to operate the City of Midland’s Central Park Pool. City Manager, Karl Tomion, informed the Council that he is a member of the Board of Trustees of the Midland Community Center. Mr. Tomion also informed the Council that he has not participated in discussions regarding this contract as City Manager or as a trustee. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the City Council hereby authorizes the Mayor and City Clerk to execute an agreement with the Midland Community Center for management services of the Central Park Pool for the 1998 season. (Motion adopted.)

Purchase - Industrial Backhoe (Water Distribution) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals (Bid No. 2151) have been advertised and received in accord with Article II Chapter 2 of the Midland Code of Ordinances for the purchase of One Industrial Tractor with a Hydraulically Extendible Backhoe, Front End Loader and Auxiliary Hydraulics for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Capital Account; now therefore

RESOLVED, that the low sealed proposal submitted by Saginaw Ford Tractor, Inc. of Saginaw, Michigan, for the indicated amount $53,245.00, is hereby accepted and a purchase order authorized. (Motion adopted.)

Purchase - Tandem Dump Truck (Water Distribution) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals (Bid No. 2152) have been advertised and received in accord with Article II Chapter 2 of the Midland Code of Ordinances for the purchase of One Heavy Duty Tandem Truck (Cab & Chassis) with Dump Body for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Capital Account; now therefore

RESOLVED, that the low sealed proposal submitted by Wieland Sales, Inc. of Bay City, Michigan, for the indicated amount $66,805.07, is hereby accepted and a purchase order authorized. (Motion adopted.)

5th Annual Artwalk The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the request received from the ARTWALK Committee to conduct the 5th annual ARTWALK in downtown Midland beginning on May 29, 1998 and concluding on August 28, 1998, is hereby approved subject to 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.)

Proposed 97-98 General Fund Budget Amendment  The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

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, June 8, 1998, in the Council Chambers of City Hall on the proposal to amend the 1997-98 General Fund budget to increase revenues from the Tax Administration Fee by $90,000 and to increase expenditures for Tax Appeal Defense Costs by $90,000, and the City Clerk shall give notice as provided in Section 11.4 of the Charter of the City of Midland. (Motion adopted.)

 

Being no further business the meeting adjourned at 10:21 p.m.

 

 

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Penny K. Kovacevich, City Clerk