August 24, 1998

A regular meeting of the City Council was held on Monday, August 24, 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

 

NOTE: BECAUSE OF THE LARGE AUDIENCE COUNCIL UNANIMOUSLY AGREED TO TAKE UP AGENDA ITEMS THAT CONCERNED THE MAJORITY OF THE AUDIENCE FIRST. FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND FOR THE EASE IN FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA, NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

Minutes Approval of the minutes of the August 10, 1998 regular meeting and August 6, 12 and 17, 1998 special meetings was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

Governor’s Community Service Award - Garrett Russell   Selina Tisdale, Community Relations Coordinator,  introduced Garrett Russell, recipient of Governor John Engler’s Fifth Annual Community Service Award. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Garrett Russell for winning a first place Award at Governor Engler’s Fifth Annual Community Service Award dinner. (Motion adopted.) Mayor Black presented Garrett Russell with a Certificate of Recognition for his outstanding accomplishment.

City Council Garden James Stout, Sr., 4300 Sherwood Court, Master Gardener, displayed pictures of a flower garden he was given permission to plant on City property. This flower garden is to be known as the "City Council Garden" and will be maintained by Mr. Stout.

Recycling in Midland County Paula Speese, Public Service Administrative Assistant, and Esther Seaver, Director of Midland Volunteers for Recycling, presented a report on recycling in Midland County. Curbside recycling began in Midland in December, 1991. As of today 68% of Midland households participate in the program which cost $1.01 per household and small businesses. A total of 10,425 cubic yards of recycled material is diverted from the City of Midland Landfill annually saving $62,500 in landfill space diversion per year. The drop-off recycling center, located at the Midland Sanitary Landfill, began in 1987. Since opening the center 10,367,069 pounds of material have been dropped off for recycling for a total of 22,030 cubic yards of material diverted from the City of Midland Landfill.

 

98 Waldo Avenue Sanitary Sewer Improvement Special Assmt. Roll   Diane Dryzga, City Assessor, presented information on  the special assessment roll for the "1998 Waldo Avenue Sanitary Sewer Improvement Special Assessment District". A public hearing was opened at 7:50 p.m. George Hubert, owner of property at 4302 and 4308 Waldo Avenue, requested Council consider extending the payment period to ten years. The hearing closed at 7:53 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, pursuant to due notice to all interested parties the Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "1998 WALDO AVENUE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $22,593.50 and that the total estimated cost of said improvements is $63,000.00, and the City at large cost is $40,406.50; and

RESOLVED FURTHER, that the amount of said roll shall be divided into ten annual installments with interest, one of which is to be collected during the year of 1999, and one during each succeeding year for nine years thereafter. Provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into ten equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of ten annual installments with interest. (Motion adopted.)

 

98 Waldo Avenue Water Main Improvement Special Assmt. Roll   Diane Dryzga, City Assessor, presented information on  the special assessment roll for the "1998 Waldo Avenue Water Main Improvement Special Assessment District". A public hearing was opened at 7:55 p.m. George Hubert, owner of property at 4302 and 4308 Waldo Avenue, requested Council consider extending the payment period to ten years. The hearing closed at 7:57 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, pursuant to due notice to all interested parties the Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main improvements on the "1998 WALDO AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $15,678.55 and that the total estimated cost of said improvements is $53,000.00, and the City at large cost is $37,321.45; and

RESOLVED FURTHER, that the amount of said roll shall be divided into ten annual installments with interest, one of which is to be collected during the year of 1999, and one during each succeeding year for nine years thereafter. Provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into ten equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of ten annual installments with interest. (Motion adopted.)

 

PUBLIC COMMENTS: No comments were made.

 

Disconnection of Drains from Sanitary Sewer Ordinance   Patricia Halm, City Attorney, introduced and presented  first reading of an ordinance amendment requiring the disconnection of downspouts, roofing drains, truck dock and parking lot drains from the sanitary sewer system. Council requested that Ms. Halm include disconnection of driveway drains and yard drains in the ordinance amendment. Ivan Grasley, 1315 Haley, opposed the ordinance. 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 21-43, Article I of Chapter 21 thereof; by amending Sections 28-110.1, 28-111, 28-112 and 28-113 of Article III, Division 1 of Chapter 28 and by adding new Sections which shall be designated Sections 28-110.2, 28-113.1 and 28-113.2 of Article III, Division 1 of Chapter 28 thereof; and by amending Sections 34-1 and 34-5 of Chapter 34 thereof.

The City of Midland Ordains:

Section 1: Chapter 21, Article I, Section 21-43, is hereby amended to read as follows:

Sec. 21-43. Sewer Connection Fees.

a) There are hereby established three (3) two (2) separate classifications of sewer connection permits:

b) For the discharge of domestic wastes into designated sanitary sewers, a sewer connection permit shall not be granted until the applicant has paid the proper fee established in accordance with the following schedule of fees and classification of property:

c) For the temporary discharge of stormwater or intercepted ground water into a designated sanitary sewer, no permit shall be issued except for a specified time period and upon a determination by the utilities department that no significant harm will result as based on rules and regulations adopted by the city council. Any such connection granted will be subject to disconnection without notice if the conditions for which the determination of no harm was made become changed.

Section 2: Chapter 28, Article III, Division 1, Section 28-110.1 is hereby amended to read as follows:

After October 26, 1987, any new installation of a downspout, weep tile, footing drain, sump pump discharge or any other conduit that carries storm or groundwater shall not be allowed to discharge into the sanitary sewer, building sanitary sewer or lateral sewer,. except by permit in accordance with section 21-43(c) of chapter 21 of this code; provided, however, that any such discharge is also in compliance with any rules or regulations adopted by the city council pursuant to the authority of said section.

Section 3: Chapter 28, Article III, Division 1, Section 28-110.2 is hereby added to read as follows:

the purpose of this section is to diminish the threat to the health, safety and welfare of the people of the city of midland who may be affected by flood or other damage caused by the accumulation of storm water and groundwater draining from downspouts, roofing drains, yard drains, driveway drains, truck docks and parking lot drains directly into the sanitary sewer system and to reduce economic losses to individuals and the community at large.

After November 30, 1998, it shall be unlawful to discharge stormwater or groundwater directly into a city of midland sanitary sewer, building sanitary sewer or lateral sewer from downspouts, roofing drains, yard drains, driveway drains, TRUCK DOCKS AND/OR PARKING LOT DRAINS CONSTRUCTED OR INSTALLED PRIOR TO oCTOBER 26, 1987 unless a waiver has been granted in accordance with section 28-112. for purposes of this division, yard drains shall be defined as drains located within the lawn area and shall not include patio drains, basement walk-out drains or other drains associated with residential buildings. Driveway drains shall not include garage drains.

Section 4. Chapter 28, Article III, Division 1, Sections 28-111, 28-112 and 28-113 are hereby amended to read as follows:

 

Sec. 28-111. "Critical accumulation area" defined.

A "critical accumulation area" is hereby defined as an area in which, in the opinion of the city council, the health, welfare, and safety of the people of the city may be adversely affected by flood or other damage caused by the accumulation of storm water draining from the downspouts into sanitary or storm sewers.

Sec. 28-111. Order to disconnect.

(a) in the event that, after november 30, 1998, a downspout, roofing drain, yard drain, Driveway drain, truck dock or parking lot drain remains connected to a city of midland sanitary sewer, building sanitary sewer or lateral sewer, the utilities director shall issue an order to disconnect to the owner of the property.

(B) Service of the order shall be made upon the owner OF THE PROPERTY either personally or by:

1. Mailing a copy of such order by certified mail, postage prepaid, return receipt requested, to each owner of the property as indicated by the records of the city assessor; or

2. If no address is specified in the assessor’s records or is otherwise known to the UTILITIES DIRECTOR, a copy of the order shall be mailed to the owner of record at the building address and a copy of the order shall also be posted in a conspicuous place on the building.

The failure of any such owner of record to receive a copy of the order shall not affect the validity of any proceedings taken under this division. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Proof of service of the notice and order shall be by affidavit sworn to by the person effecting service; declaring time, date and manner in which the service was made. The affidavit, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the order which shall be retained by the utilities director.

(c) an order to disconnect shall specify the property at issue and shall require:

1. That all downspouts located on the property shall be disconnected from all city of midland sanitary sewers, building sanitary sewers or lateral sewers within thirty (30) days of the issuance of said order; or

2. that all roofing drains, yard drains, driveway drains, truck docks and parking lot drains shall be disconnected from all city of midland sanitary sewers, building sanitary sewers or lateral sewers within sixty (60) days of the issuance of said order.

(d) an order to disconnect shall notify the owner of the property that a waiver of the order to disconnect may be obtained by appealing to the building board of appeals as provided in section 28-113. a copy of said section shall be attached to the order.

 

Sec. 28-112. Resolution ordering downspout disconnection in critical accumulation area.

The city council may, by resolution, determine and delineate "critical accumulation areas" as defined in section 26-111 and order the disconnection of downspouts in such critical accumulation areas. The resolution shall declare such action to be in the interest of public health, welfare and safety.

 

 

sec. 28-112. Waivers.

a waiver of an order to disconnect may by obtained for the following reasons:

1. economic hardship.

2. contractor availability or other construction constraints.

a waiver may be granted for any period of time; provided, however, that under no circumstance shall a waiver be granted for a total waiver period greater than one year.

 

sec. 28-113. Appeals from downspout disconnection resolution.

Where, because of the physical conditions, cost of disconnection and other surrounding circumstances, the disconnection of downspouts will result in unnecessary hardship, any person may appeal through the office of the building official to the city building board of appeals. Such board is hereby authorized to establish rules and regulations for handling such appeals; to investigate and consider such appeals; and to grant a waiver of the requirements if, in its judgment, an unnecessary hardship will result.

Sec. 28-113. Appeals.

Any owner of property subject to an order to disconnect may appeal the issuance of said order to the city of MIDLAND building board of appeals, as created under chapter 5, section 5-27 of the city of midland code of ordinances. the board shall hold public hearings to consider such appeals. The Board is authorized to investigate all appeals and to grant waivers of orders to disconnect. The running of the period to disconnect specified in Section 28-111(c)(2) AND (3) shall be suspended until such time that a decision regarding the appeal is rendered by the board.

All appeals shall be in writing and shall be filed with the Chief Building official. an appeal shall state the reason(s) why the property owner has requested the waiver. If the waiver has been requested due to economic hardship, the property owner shall provide to the board written documentation regarding the hardship. A fee as established in Chapter 21 of SAID Code shall accompany each appeal.

Section 5: Chapter 28, Article III, Division 1, Sections 28-113.1 and 28-113.2 are hereby added to read as follows:

Sec. 28-113.1 Penalties.

Any person who violates Section 28-110.2 and who has failed to comply with an order issued pursuant to section 28.111(c), and from which no appeal has been taken, shall be responsible for a municipal civil infraction. Upon conviction of such infraction, such person shall be punished as provided in Chapter 34 and fined according to Section 21-101 of Chapter 21 of the Code of Ordinances. The imposition of one (1) municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violation or defects. Every day of non-compliance shall be deemed a separate violation. Imposition of the fine specified in Section 21-101 of Chapter 21 shall not be held to prevent the enforced removal of the sanitary sewer connection.

Sec. 28-113.2. Council Review.

At the last City Council meeting held in May, 1998, the City Council shall review Section 28-112 - Waivers and the data compiled by the Building Board of Appeals as a result of the appeals filed with that Board pursuant to Section 28-113.

Section 6. Sections 34-1 and 34-5 of Chapter 34 are hereby amended to read as follows:

Section 34-1. Definitions.

As used in this Chapter:

a) "Act" means Act # 236 of the Public Acts of 1961, as amended.

b) "Authorized city official" means a police officer or other personnel of the City, authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal infractions violation notices. The following persons other than police officers are also authorized city officials authorized to issue municipal civil infraction citations or notices: the Chief Building Inspector Official, the Fire Chief, the Director of Community Development and Planning, the Director of Public Services, the Utilities Director and their authorized representatives.

c) "City" means the City of Midland.

d) "Municipal civil infraction" means an act or omission that is prohibited by any ordinance of the City of Midland, but which is not a crime under such ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of the Act. A municipal civil infraction is not a lesser included offense of any ordinance violation that is a criminal offense.

e) "Municipal civil infraction action" means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.

f) "Municipal civil infraction citation" means a written complaint prepared by an authorized city official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

Section 34-5. Municipal Civil Infractions.

a) Violation of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1) Chapter 8. Uniform Fire Code.

(2) The City of Midland Zoning Ordinance.

(3) Chapter 28, Section 28-110.2. water, sewers and sewage disposal.

Section 7. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

 

Time Extension - Wintergreen Estates No. 12 Improvements James Schroeder, Director of Planning and Community Development, presented information regarding the approval of an extension of time for completing improvements in Wintergreen Estates No. 12 until September 1, 2000. Council agreed to extend the time for completion until September 1, 1999. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, a written request has been received from Morley Blackhurst, on behalf of Wintergreen Associates, Inc., proprietors of Wintergreen Estates No. 12, to extend the period of time to complete the improvements within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the improvements within Wintergreen Estates No. 12 until September 1, 1999, with the exception of sidewalk adjacent to Lot 168, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining improvements this construction year. (Motion adopted.)

 

Site Plan No. 173 - Orchard View Commons  James Schroeder, Director of Planning and Community  Development, presented information on Site Plan No. 173 - Orchard View Commons, a residential development of 4 six-unit sites and 2 four-unit sites on 3.9 acres on the north side of Eastlawn Drive west of Abbott Road. David Rapanos, 5903 Wildflower Circle, developer of Orchard View Commons, requested Council look favorably upon the site plan. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 173, the request of David Rapanos of Monarch Development for site plan review and approval of Orchard View Commons, a residential development of 4 six-unit sites and 2 four-unit sites on 3.95 acres on the north side of Eastlawn Drive west of Abbott Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 173, in accord 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. 173, in accord with the drawing dated as received July 20, 1998. (Motion adopted.)

 

Site Plan No. 174 - Rite Aid Pharmacy James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 174 for Rite Aid Pharmacy, a commercial building on 2.5 acres on the corner of Ashman Street, Ashman Circle, and Jefferson Avenue, also known as the Midland Theatre building. Mr. Schroeder stated no public comments were received during the hearing conducted by the Planning Commission. The Planning Commission recommended approval of the site plan. David J. Perpich, 4565 Golfside, Harbor Springs, Michigan, representing the Comp Sites Development Company, requested Council vote to support Site Plan No. 174, stating after the closing Comp Sites Development Company will assign its interest rights to Rite Aid. Corey Thayer, owner of the property in question, stated he offered to give the mural and the Midland Sign to the Historical Society. Mr. Perpich indicated the company would work with groups during the construction phase to see that the facade was saved for the groups. The company would like to open the store at Easter. C. Andrea Gueramy, 4000 Orchard Drive, Chair of the Modern Explorers Society, stated she did not want to stop the purchase or sale of the Midland Theatre but wanted time to study the mural to see if it could be removed. Darius Gueramy, 4000 Orchard Drive, President of Modern Explorers Society, believed the building in question left an enormous sense of history and urged Council to postpone its decision on the site plan. Robert Lauless, 2014 Forestwood Court, supported the approval of Site Plan No. 174. Jeri Smith, 305 Graham Street, urged Rite Aid to preserve the building and requested Council delay its decision on the site plan. Craig R. McDonald, 202 Post Street, supported the request to delay the decision on the site plan and requested Rite Aid renovate and use the existing building at that site. Mary Stevens, 5108 Foxpoint Circle, supported preserving the historic building. Wynette McIntyre, sister of Deloris Cassiday, requested Rite Aid preserve the building in memory of Deloris and William Cassiday, original owners of the Midland Theatre. Ivan Grasley, 1315 Mill Street, stated an addition was built after the theatre was opened and the sign is a historic marker and can be seen for miles around. Andrew Halldorson, 22 Ashman Circle, owner or Sleepy Hollow Bookstore, supported Rite Aid in its bid to build a new building on this site and hoped Council recognized the issues as a private matter to be negotiated by Rite Aid. Benjamin Seibert, 3029 Pomranky Road, supported preservation of the Midland Theatre. William Barker, 209 Revere, supported preservation of the Midland Theatre and urged Council to delay its decision on the issue in hopes that Rite Aid would work with citizens to preserve the building. Nicky Boyle, 1902 E. Ashman, expressed hope that someone would save historic material from the building. Charles Lentz, 5105 Foxcroft, representing the Midland County Historical Society, stated the Thayer family offered to give the mural and other historic artifacts to the Historical Society. James Schroeder, Director of Planning and Community Development, indicated that if the building were preserved and used by Rite Aid there would be ample parking. David Perpich stated Comp Sites was working under time constraints. The company is planning on closing the sale of the property in September and believed the issues could be worked out within the 45 day time limit. Mr. Perpich works for Comp Sites who will be reassigning its right to Rite Aid. Darius Gueramy, 4000 Orchard, representing the Modern Explorers Society, supported keeping the building and placing the new building in back of the facade. Christopher Curtis, 221 E. Collins, urged Rite Aid to keep the old building intact. Robert Lauless, 2014 Forestwood Court, was not in support of keeping the old building for safety reasons. Council agreed approval of the site plan did not prevent citizens and Rite Aid from discussing the issues. Karl Tomion, City Manager, indicated the site plan review provisions of the Zoning Ordinance does not include issues regarding historic buildings. Corey Thayer, current owner of the property in question, stated it would be a financial burden if the issue is postponed.

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

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 174, the request of Martin Gitre of Comp Sites Development, for site plan review and approval to construct an 11,060 square foot retail development (Rite Aid Pharmacy) on 2.5 acres on the corner of Ashman Street, Ashman Circle, and Jefferson Avenue, conditioned upon the provision of an additional handicapped parking space, and the designation of the stacking spaces for the drive-up window; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 174, in accord 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. 174, in accord with the drawing dated as received August 19, 1998. (Motion adopted.)

Site Plan No. 175 - Arnold Center James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 175 for an addition to the Arnold Center, 800 Wexford Avenue. Michael Shay, speaking on behalf of the Arnold Center, requested Council consider approval of the site plan. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 175, the request of Randy Sherman of Three Rivers Construction, for site plan review and approval of an 8,000 square foot addition to the Arnold Center at 800 Wexford Avenue, additional parking, and changes in access for the site by the addition of a new driveway from Wexford Avenue on the west side, and a new driveway at the southeast corner of the property easterly to Bayliss Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 175, in accord 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. 175, in accord with the drawing dated July 20, 1998. (Motion adopted.)

Joint Building Project - MPS The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the Midland Public Schools administration has requested another joint project with the City of Midland by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 3606 West Wackerly Street has been selected and designed; and

WHEREAS, a staff estimate indicates materials and contracted services for the project shall not exceed $74,500; 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 endorses this student participation in the City’s Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that staff is authorized to utilize funds from the Housing Commission Revolving Fund; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical, and 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; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Letter of Understanding between the City of Midland and the Midland Public Schools for this purpose. (Motion adopted.)

TCO S-98-05 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. S-98-05 filed June 11, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

 

MI Municipal Worker’s Compensation Fund Ballot  The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the City Manager is hereby authorized and instructed to complete the official ballot of the Michigan Municipal Worker’s Compensation Fund by voting for six of the persons listed on the ballot. (Motion adopted.)

 

DART Federal Transit Admin. Capital Contract - MDOT   The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the City Manager and City Clerk are authorized to execute Agreement No. 98-0605 with the Michigan Department of Transportation for Federal Transit Administration Section capital for the purchase of a passenger minivan with ramp for the City’s DART bus system. (Motion adopted.)

 


DART Bus Rehabilitation Contract - MDOT  The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the City Manager and City Clerk are authorized to execute Agreement No. 98-0936 with the Michigan Department of Transportation for rehabilitation of two of the City’s DART buses. (Motion adopted.)


MCTV Video Equipment Purchase
The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

WHEREAS, the Administration has reported sufficient funds are available in the 1998-99 budget in Acct. #296-6090-700.97-25 (MCTV Capital Outlay/Equipment); now therefore

RESOLVED, that the low sealed proposals meeting city specifications for the purchase of the following equipment:

are hereby accepted and purchase orders authorized. (Motion adopted.)

Water Meter Purchase The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City standardized water meters in 1987, selecting Sensus Technologies water meters, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, formal price quotations were received on Sensus Technologies water meters for new and replacement meters; and

WHEREAS, funding for all meters is provided through the Inventory Account; now therefore

RESOLVED, that the low price quotation submitted by Etna Supply Company, of Grand Rapids, Michigan, for the amounts indicated, with prices in effect August 1, 1998 through June 30, 1999, not to exceed $95,000 for inventory purchases, is accepted and purchase orders authorized. (Motion adopted.)

Lime Slaker System Purchase The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals (Bid No. 2200) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Lime Slaker System for the Water Treatment Plant; and

WHEREAS, funding is provided by the Water Fund Investment in Assets Account; now therefore

RESOLVED, that the low sealed proposal submitted by Penn Process Technologies, Inc., of Plumsteadville, Pennsylvania, for the indicated amount of $60,650.00, is hereby accepted and a purchase order authorized. (Motion adopted.)

 

Celebrate Midland Community Appreciation Day Fireworks  The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the request of the Celebrate Midland Community Appreciation Day Committee to conduct a fireworks display on Monday, September 7, 1998, is hereby approved subject to meeting the following requirements:

    1. Pyrotechnic Operator: The display shall be under the supervision of a pyrotechnic operator who shall be responsible for all aspects of the display.
    2. Positioning: Mortars shall be positioned so that aerial shells are directed over the designated landing area. The trajectory of aerial shells shall be arranged such that a minimum clearance of 25 feet is maintained from potential obstruction.
    3. Mortar Separation: Except where mortars are electrically fired, a distance must separate mortars no less than the diameter of the mortar tube.
    4. Spectator Separation: Since the display will include 12 inch diameter shells, a minimum separation from the mortar tubes to the nearest spectator shall be 840 feet.
    5. A standby crew from the Fire Department must be present. The standby crew will provide fire protection and will inspect for compliance with the above requirements. The expected cost of the standby crew is $200.00.

;and

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

Redcoats Fireworks Display The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the request of the Midland Redcoats to conduct a fireworks display on Wednesday, August 26, 1998, is hereby approved subject to meeting the following requirements:

    1. Pyrotechnic Operator: The display shall be under the supervision of a pyrotechnic operator who shall be responsible for all aspects of the display.
    2. Positioning: Mortars shall be positioned so that aerial shells are directed over the designated landing area. The trajectory of aerial shells shall be arranged such that a minimum clearance of 25 feet is maintained from potential obstruction.
    3. Mortar Separation: Except where mortars are electrically fired, a distance must separate mortars no less than the diameter of the mortar tube.
    4. Spectator Separation: Since the display will include 4 inch diameter shells, a minimum separation from the mortar tubes to the nearest spectator shall be 280 feet.
    5. A standby crew from the Fire Department must be present. The standby crew will provide fire protection and will inspect for compliance with the above requirements. The expected cost of the standby crew is $100.00.

6. Liability insurance as specified by the Safety & Health Manager must be provided at least five working days prior to the event.

;and

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

 

Celebrate Midland Community Appreciation Day - Parking Ramp The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the request from the Celebrate Midland Community Appreciation Day Committee to use the first level of the Larkin Parking Ramp for their event on Monday, September 7, 1998, is hereby approved; and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner. (Motion adopted.)

 

Celebrate Midland Community Appreciation Day - Skydivers  The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, a request has been received from the Celebrate Midland Community Appreciation Day Committee to land skydivers and to have tethered hot air balloon rides and a flight on September 7, 1998 in Chippewassee Park as part of their Community Appreciation Day event; and

WHEREAS, the Administrative Staff has reviewed the request and recommends approval of the event; and

WHEREAS, Section 4-20 of the City of Midland Code of Ordinances, Prohibition against landing in authorized places, states "No person shall, except in an emergency, land an aircraft at any place within the City other than landing facilities as designated by the City, State or Federal Aviation agencies"; now therefore

RESOLVED, that the request of the Celebrate Midland Community Appreciation Day Committee to land skydivers and to have tethered hot air balloon rides and a flight in Chippewassee Park pursuant to the provisions of Section 4-20 of the Code of Ordinances 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.)

Being no further business the meeting adjourned at 10:55 p.m.

 

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Penny K. Kovacevich, City Clerk