September 28, 1998

A regular meeting of the City Council was held on Monday, September 28, 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 September 14, 1998 regular meeting and the September 23, 1998 special meeting was offered by Councilman Coppage and seconded by Councilman Tysse. (Motion adopted.)

MML Achievement Award Jack Duso, Assistant City Manager, introduced officials of Homer and Larkin Townships who were instrumental in entering into an Urban Cooperation Act Agreement which provided the framework for a future water service agreement. Homer Township officials present to receive the recognition were Barb Radosa, Supervisor, Joe DuFort, Clerk, Gary Dunham, Trustee, and Helen Mudd, Trustee. Larkin Township officials present to receive the recognition were Leonard Servinski, Supervisor, Linda Harbron, Clerk, Stanley VanSumeren, Trustee, and James Snider, Trustee. The City of Midland recognized and expressed its appreciation to Homer and Larkin Townships for their contributions to the cooperative initiative that has won statewide recognition for the Midland Community. The following two resolutions were then presented for consideration.

 

MML Achievement Award - Homer Township The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Homer Township for its contributions to the Michigan Municipal League Achievement Award. (Motion adopted.) Mayor Black then presented a certificate of recognition to Homer Township Supervisor Barb Radosa.

MML Achievement Award - Larkin Township The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Larkin Township for its contributions to the Michigan Municipal League Achievement Award. (Motion adopted.) Mayor Black then presented a certificate of recognition to Larkin Township Supervisor Leonard Servinski.

Fire Prevention Week Dan Hargarten, Midland City Fire Chief, appeared before Council and requested Council proclaim the week of October 4 - 10, 1998, as Fire Prevention Week in Midland. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 4 - 10, 1998, as FIRE PREVENTION WEEK in Midland. (Motion adopted.) Mayor Black then presented the proclamation to Chief Hargarten.

 

Special Use Permit No. 8 (Caregiving Network)     James Schroeder, Director of Planning and Community Development, presented information to Council on a request for a Special Use Permit and approval for the use of property at 212 West Grove Street zoned as Residential A-3 for a private, nonprofit social service agency for the Caregiving Network. A public hearing was opened at 8:04 p.m. Richard Havas, 610 Fitzhugh Street, adjacent to structure occupied by Caregiving Network, voiced his opposition to the approval of the special use permit. Cathey Tierney, 316 Oak, Sanford, Michigan, Executive Director of the Caregiving Network, stated that operation hours were Monday through Thursday, from 9:30 a.m. to 2:00 p.m. Most of the employees of the Caregiving Network are volunteers. Ms. Tierney also stated the food pantry was open once a week and employees of the Caregiving Network used the parking lot. Ms. Tierney stated it was possible that there may be a time when the Caregiving Network would meet in the evenings. Ms. Tierney read letters from Stephanie Snell, 207 W. Grove, Glen Littleton, 106 W. Grove, and Mitzi Nimmo, 1010 Eastlawn, all in support of the request for a special use permit. Ann and Jerry Martin of 1209 Montague and Linda Williamson from Ayre Rhinehart, all spoke in support of the approval of the special use permit. Richard Havis, 610 Fitzhugh, requested that he be allowed to have input as to the type of screening should the special use permit be approved. James Schroeder, Director of Planning and Community Development, indicated the ordinance requires a 4’ high screen but does not specify material to be used for the screening except that it must provide for a 75% blockage. The hearing closed at 8:43 p.m. Mayor Black indicated he had concerns regarding parking and hours of operation. After a discussion on the parking and hours of operation the following amendment to the resolution was introduced by Councilman Wazbinski and seconded by Councilman Coppage, add the phrase "regular hours for normal client services shall be from 6:00 a.m. to 8:00 p.m." (Yeas: Black, Coppage, Wazbinski Nays: Moolenaar, Tysse) The following amended resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the Caregiving Network has submitted a request for special use review and approval for the use of property at 212 West Grove Street (Lots 5, 6, 7, and 8, Block H, Carpenter and Hines Subdivision) for a private, nonprofit social service agency, which will include counseling, a food pantry, and free clothing and small household items, in a Residential A-3 zoning classification in the City of Midland (Special Use Permit No. 8); and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 27.2(a) of the Zoning Ordinance of the City of Midland on said special use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 27.3 of the Zoning Ordinance of the City of Midland, conditioned upon the replacement of required screening along the north side of the parking area;

and

WHEREAS, City Council has directed that office hours for normal client services offered by the Caregiving Network shall be from 6:00 a.m. to 8:00 p.m.; now therefore

RESOLVED, that the City Council finds the request for a special use for property in a Residential A-3 zoning classification at 212 West Grove Street for a private, nonprofit social service agency, to be in accord with Section 27.3 of the Zoning Ordinance of the City of Midland, and hereby approves said Special Use Permit No. 8, allowing office hours for normal client services from 6:00 a.m. to 8:00 p.m. and also in accord with documents submitted and dated August 11, 1998. (Motion adopted.)

 

98-99 City Budgets & Financial Working Plans     Robert Fisher, Director of Fiscal Services, presented  information on an amendment to provide funding for June 30, 1998 encumbrances. A public hearing opened at 9:25 p.m., no comments were made, the hearing closed at 9:26 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, September 28, 1998, on the proposal to amend the budgets of the General Fund, Major Street Fund, Midland Housing Fund, Grace A. Dow Memorial Library Fund, and the Downtown Development Fund for the 1998-99 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Parking System Fund, Transportation Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Data Processing Rental Fund, and the Equipment Revolving Fund for the 1998-99 fiscal year in order to provide funding for June 30, 1998 encumbrances; now therefore

RESOLVED, that the 1998-99 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

 

General Fund

Assessing $ 29,300

Attorney 2,236

Clerk/Treasurer 27,132

City Hall 32,421

Miscellaneous Activities 10,350

Police Administration 8,560

Police Detective Bureau 655

Police School Crossing Guards 361

Police Patrol Bureau 6,053

Fire Administration 24,755

Fire Fighting 393,957

Fire Prevention 51

Fire Training 7,487

Building Department 7,867

Engineering 19,296

Public Lighting 630

Traffic Services 3,520

Curbside Recycling 2,500

Composting - Fall Pick-Up 2,000

Parks 654

Recreation 4,864

Summer Programs 5,943

Civic Arena 27,630

Plymouth Park Pool 964

Stratford Woods Park 20,000

Cemetery $ 63

Barstow Airport 23,375

Risk Management and Loss Control 8,204

Total General Fund $ 670,828

 

Major Street Fund

Engineering $ 3,475

Traffic Services 3,672

Total Major Street Fund $ 7,147

 

Midland Housing Fund

Operations $ 3,914

 

Grace A. Dow Memorial Library Fund

Operations $ 57,240

Investment in Assets 57,289

Total Grace A. Dow Memorial Library Fund $ 114,529

 

Downtown Development Authority Fund

Operations $ 2,640

Investment in Assets 9,750

Total Downtown Development Authority Fund $ 12,390

 

 

 

Landfill Fund

Operations $ 66,160

Investment in Assets 1,284,750

Total Landfill Fund $ 1,350,910

 

Washington Woods Fund

Operations $ 3,754

Investment in Assets 30,229

Total Washington Woods Fund $ 33,983

 

Riverside Place Fund

Operations $ 204

Investment in Assets 5,596

Total Riverside Place Fund $ 5,800

 

Golf Course Fund

Investment in Assets $ 35,030

 

Parking System Fund

Operations $ 113

 

Transportation Fund (DART)

Operations $ 135

 

Wastewater Fund

Operations $ 138

Residuals Processing 434

Pump Station Maintenance 4,723

Sewer Plant Maintenance 176

Sanitary Sewer Cleaning 266

Digester Maintenance 236

Sanitary Sewer Repair 2,163

Instrumentation Repair 510

Investment in Assets 144,789

Total Wastewater Fund $ 153,435

 

Water Fund

Administration $ 150

Plant Maintenance - Common 24,690

Plant Maintenance - City 27,000

Plant Maintenance - Industrial 610

Plant Maintenance Common Consumption 5,363

Valley Drive Repump 10,000

Elevated Tank Maintenance 220,500

Hydrant Maintenance 73

Motor Equipment Maintenance 183

Utilities Safety 1,462

Investment in Assets 473,351

Total Water Fund $ 763,382

 

Data Processing Operations Fund

Operations $ 28,785

Investment in Assets 479,641

Total Data Processing Operations Fund $ 508,426

 

Data Processing Rental Fund

Operations $ 2,309

Investment in Assets 327

Total Data Processing Rental Fund $ 2,636

 

Equipment Revolving Fund

Investment in Assets $ 113,500

(Motion adopted.)

 

97-98 General Fund Budget Amendment Robert Fisher, Director of Fiscal Services, presented  information on an amendment to the 1997-98 General Fund budget to more accurately reflect actual revenues and expenditures. A public hearing was opened at 9:35 p.m., no comments were made, the hearing closed at 9:36 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, proper legal notice was given and a public hearing was conducted on Monday, September 28, 1998, at 7:30 p.m. for the purpose of hearing public comments regarding the amendment of the 1997-98 General Fund budget; now therefore

RESOLVED, that the 1997-98 General Fund budget is hereby amended as follows:

REVENUES

Other Tax Related Revenue Increase

$ 66,000

Licenses and Permits Increase

67,000

State Shared Revenues Increase

147,000

Use and Admission Charges Decrease

(24,000)

Investment Earnings Increase

688,000

Miscellaneous Revenues Decrease

(52,000)

Net Increase in Revenues

892,000

 

EXPENDITURES

General Government Decrease

466,000

Public Safety Decrease

1,396,000

Public Works Decrease

44,000

Sanitation Decrease

70,000

Parks and Recreation Decrease

165,000

Airports Decrease

23,000

Other Functions Decrease

404,000

Interfund Transfers Out Decrease

331,000

Total Decrease in Expenditures

2,899,000

Additional Increase in Fund Balance

$3,791,000

 

(Motion adopted.)

 

98-99 Local Street Maintenance Fund Budget Amendment Jerry Hammond, City Engineer, presented information on  amendments to the 1998-99 Local Street Maintenance Fund budget. A public hearing was opened at 9:39 p.m., no comments were made, the hearing closed at 9:40 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, in accordance with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, September 28, 1998, on the proposal to amend the 1998-99 budget of the Local Street Maintenance Fund in order to recognize and provide for the appropriation of additional revenue generated by unanticipated revenues from construction refunds in the amount of $45,816; now therefore

RESOLVED, that the 1998-99 Local Street Maintenance Fund budget is hereby amended by increasing revenue from construction refunds in the amount of $45,816 and increasing appropriations for the reconstruction of Clay and Quincy Streets from Patrick to Paine Street in the amount of $45,816; and

RESOLVED FURTHER, that the City Manager is hereby authorized to sign Change Order No. 2 to the 1998 Clay Street Forcemain Sewer, Contract No. 13 in the amount of $45,816 for said reconstruction. (Motion adopted.)

PUBLIC COMMENTS: Richard McCreadie, 2700 Washington, had the following comments:

Karl Tomion, City Manager, indicated the City had been involved with a previous offer to purchase this property for possible construction of an off and on ramp. The use of and construction of the existing ramp does not meet the Federal Highway Administration Standards for an interchange.

 

Disconnection of Downspouts & Drains from Sewer Ord. Amend.     Noel Bush, Utilities Director, presented an update on the downspout inventory being conducted by the Utilities Department and presented information on an ordinance amendment that would remove driveway drains from Sections 28-110.2, 28-111(a), 28-111(c)(2), and 34-5(3). Arthur Maass, 115 E. Meadowbrook, spoke in opposition of exempting driveway drains from the ordinance. James Pollack, 1420 Whitehall and a former member of the SESAC, suggested Council leave driveway drains in the ordinance until the issue could be reviewed. Richard McCreadie, 2700 Washington, voiced his opposition to eliminating driveway drains from the ordinance. Noel Bush, Utilities Director, stated a preliminary check indicated there were about 25 areas that would be affected if driveway drains were left in the ordinance. The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

Ordinance No. 1425

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Section 28-110.1 and 28-111 of Article III, Division 1 of Chapter 28; and by amending Section 34-5 of Chapter 34 thereof.

The City of Midland Ordains:

Section 1: Chapter 28, Article III, Division 1, Sections 28-110.2 and 28-111 are hereby amended to read as follows:

Sec. 28-110.2. Downspout, roofing drain, yard drain, truck dock and parking lot drain connection to sanitary sewer, building sanitary sewer or lateral sewer prohibited.

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, 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, 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.

Sec. 28-111. Order to Disconnect.

(a) In the event that, after November 30, 1998, a downspout, roofing drain, yard 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 on which the drain is located.

(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 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, truck dock 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.

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.

Section 2. This Ordinance shall take effect upon publication. (Ordinance adopted.)

 

Site Plan No. 170 - Letavis Soft Cloth Car Wash/Fast Eddie’s Oil James Schroeder, Director of Planning and Community Development, presented information on a revised site plan for Letavis Soft Cloth Car Wash and Fast Eddie’s Oil Change. James Branson, 207 Dartmouth, attorney for residents of Cherryview Condominiums, supported referring the revised site plan back to the Planning Commission. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the City Council hereby refers back to the Planning Commission for review and comment Site Plan No. 170, the request of Ayres Associates, on behalf of Letavis Enterprises, for site plan review and approval of a 9,300 square foot commercial building, on 1.63 acres on the north side of North Saginaw Road east of Eastman Avenue. (Motion adopted.)

 

Liquor License Transfer - Junkyard Sports Bar (Step I)     Jack Duso, Assistant City Manager, presented a request to transfer a Class C Liquor License at 2929 S. Saginaw Road - Junkyard Sports Bar. Dan Brisson, 1190 E. Gordonville, Midland, Michigan, new owner of the property at 2929 S. Saginaw Road, requested Council look favorably on the request for approval of the application for transfer. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the request from LEVI’S OF MIDLAND, INC. to transfer ownership of 1997 Class C licensed business with Dance Permit and Entertainment Permit without dressing rooms, located in escrow at 2929 S. Saginaw, Midland, MI 48640, Midland County, from BOJA, INC. (Step I) is considered for approval. It is the consensus of this legislative body that the application be recommended for issuance. (Motion adopted.)

 

Liquor License Transfer - Junkyard Sports Bar (Step II)     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the request from BRISSON, LLC to transfer ownership of 1997 Class C licensed business with Dance Permit and Entertainment Permit without dressing rooms, located in escrow at 2929 S. Saginaw, Midland, MI 48640, Midland County, from LEVI’S OF MIDLAND, INC. (Step II) & request a new SDM license is considered for approval. It is the consensus of this legislative body that the application be recommended for issuance. (Motion adopted.)

DDA Appointments The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Mark Spanka and the reappointment of Ned Brandt to the Downtown Development Authority for terms expiring May 1, 2002 effective immediately. (Motion adopted.)

 

Zoning Board of Appeals - Kane Resignation    The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the resignation of Daniel E. Kane as a member of the Zoning Board of Appeals is hereby accepted and the administration is directed to convey the Council’s appreciation to Mr. Kane for his service on this important Board; and

RESOLVED FURTHER, that the administration is directed to advertise for applicants to complete the unexpired term. (Motion adopted.)

 

Airport Rd Jurisdiction Transfer from Midland County to City The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the Midland County Road Commission adopted a resolution on September 3, 1998 authorizing the transfer of jurisdiction for Airport Road from Jefferson Avenue to Swede Avenue to the City of Midland; and

WHEREAS, the City of Midland is desirous of accepting jurisdiction of Airport Road from Jefferson Avenue to Swede Avenue to better serve the residents of the City of Midland; now therefore

RESOLVED, that the City Council hereby accepts jurisdiction of Airport Road from Jefferson Avenue to Swede Avenue; and

RESOLVED FURTHER, that the name of Airport Road from Jefferson Avenue to Swede Road is hereby changed to Diamond Drive. (Motion adopted.)

 

Annexation - Homer Township Legal Description Correction The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, a petition has been received from the owners of property requesting annexation to the City of Midland; and

WHEREAS, this property is contiguous to the present boundary of the City; and

WHEREAS, on September 14, 1998, the City Council adopted a resolution annexing certain property in Homer Township, conditioned upon a similar resolution being adopted by the Township Board of Homer Township; and

WHEREAS, there was an error in the description of the boundary of the property to be annexed; now therefore

RESOLVED, that the September 14, 1998, resolution approving the annexation of property from Homer Township is hereby amended by substituting therefor the following:

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

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Homer by property owners that are the subject of the petitions and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

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

 

Land Lease - Hangar Site 04E Barstow Airport The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, an assignment and acceptance of lessee’s interest in lease agreement from McKay Press, Inc. to Mr. Jackson B. Hallett, Jr. has been received to transfer ownership of hangar 04E at Jack Barstow Airport; and

WHEREAS, Mr. Jackson B. Hallett, Jr. will be the new owner of hangar 04E at Barstow Airport and is desirous of transferring the existing land lease in his name; now therefor

RESOLVED, that the City Council approves the transfer of the Hangar Land Lease for Site 04E from McKay Press, Inc. to Mr. Jackson B. Hallett, Jr. and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City. (Motion adopted.)

1999 City Council Meeting Dates The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that regular meetings of the Midland City Council for the calendar year 1999 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

January 11 and 25 February 8 and 22

March 8 and 22 April 12 and 26

May 10 and 17 June 7 and 21

July 12 and 26 August 9 and 23

September 13 and 20 October 4 and 18

November 8 and 22 December 6 and 20

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved. (Motion adopted.)

Sale - House at 3616 W. Wackerly The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3614 West Wackerly Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated September 16, 1998, was submitted by James and Christina Cook, in the amount of $95,000; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, the requirement of sealed competitive proposals for sale of said property is hereby waived as being impractical; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion adopted.)

Library Automation System Costs James Alsip, Grace A. Dow Library Director, requested Council approve a resolution authorizing payment of annual operating expenditures for connecting ports and records database to the Valley Library Consortium’s automation system. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, Section 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and

WHEREAS, the Library currently receives automation services which have been operating satisfactorily; and

WHEREAS, it is the recommendation of the Library Director and staff that the Library’s participation in the Valley Library Consortium be continued; now therefore

RESOLVED, that an annual operating expense of $86,900 for membership, port connection and records database is hereby approved. (Motion adopted.)

Periodical Subscriptions - Library The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, Section 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and

WHEREAS, the Library currently receives its subscriptions from Popular Subscription Service; and

WHEREAS, it is the recommendation of the Library Director and staff that the Library continue to purchase its periodical subscriptions from Popular Subscription Service; and

WHEREAS, funding for these services are provided in the Library’s materials budget; now therefore

RESOLVED, that the purchase of periodical subscriptions from Popular Subscription Service is hereby approved for the 1998/99 fiscal year at a cost not to exceed $44,000. (Motion adopted.)

Horizontal Grinder - Landfill Noel Bush, Director of Utilities, requested Council authorize funds to purchase a horizontal feed grinder to be used at the Sanitary Landfill for grinding yard waste and trees for composting. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS sealed bids for a Horizontal Grinder at the Landfill, Bid No. 2233, 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 account number 517-9120-912.97-25 Equipment: now therefore

RESOLVED, that the low qualifying bid proposal submitted by Fecon, Inc. of Cincinnati, Ohio in the amount of $168,450.000 is hereby accepted and a purchase order is authorized. (Motion adopted.)

Landfill Maintenance Building The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed bids for the Landfill Maintenance Building, Bid No. 2234, 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 encumbered to account number 517-9120-912.97-20 Buildings & Additions; now therefore

RESOLVED, that the low qualifying bid proposal submitted by J. R. Heineman & Sons, Inc. of Saginaw, Michigan in the amount of $317,475 is hereby accepted, the Mayor and City Clerk are authorized to execute a contract in accord with the proposal and the issuance of a purchase order not to exceed $317,475. (Motion adopted.)

Pothole Patcher & Truck Martin McGuire, Director of Public Services, requested Council authorize funds to purchase a pothole patcher mounted on a truck cab and chassis. The new equipment will require only one person and only the new vehicle to patch. The current method requires a 3 person crew and use of 4 pieces of equipment. The anticipated annual cost saving is $34,449. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a pothole patcher and truck (Bid No. 2231); and

WHEREAS, funding for this equipment is included in the 1998-99 Equipment Revolving Fund budget for Capital Outlay, "Vehicles," account number 640-9120-912.97-30; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bell Equipment Company of Lake Orion, Michigan in the amount of $124,900.00 for the purchase of one new pothole patcher mounted on a truck cab and chassis in accordance with the proposal and city specifications. (Motion adopted.)

Mower - Currie Golf Course The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a fairway mower and an out front trim mower for the Currie Municipal Golf Course (Bids No. 2229 and 2230); and

WHEREAS, funding for the two mowers is included in the 1998-99 Golf Course Fund budget for Capital Outlay, "Equipment;" now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders to Spartan Distributors, Inc. of Sparta, Michigan in the amounts of $37,987.00 for the purchase of one new fairway mower and $14,500.00 for the purchase of one new out front trim mower in accordance with the proposal and city specifications. (Motion adopted.)

 

Payment to MDOT - US-10/Bay City Road Interchange     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, an Agreement between the City of Midland and the Michigan Department of Transportation was approved on February 5, 1996 which requires the City to be responsible for all costs associated with the acquisition of right of way necessary for the construction of the improvements to the US-10/Bay City Road interchange; and

WHEREAS, the City has received an invoice from MDOT in the amount of $215,000 which must be paid by MDOT as a requirement of a Possession and Use Agreement for one parcel necessary for right of way for this project; now therefore

RESOLVED, that in accord with said agreement between the City of Midland and the Michigan Department of Transportation (MDOT Contract 95-0352), the Director of Fiscal Services is hereby authorized to issue payment in the invoiced amount of $215,000 to the Michigan Department of Transportation, said payment to be made from Road Millage revenue located in the Major Streets Construction Fund. (Motion adopted.)

ZTA No. 133A The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 19, 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 SECTION 31.1(C) AND SECTION 31.3, OF ARTICLE XXXI--SIGNS, AND TO ADD A NEW SECTION 31.5(B)7.

The City of Midland Ordains:

Section 1. That Section 31.1(c), Section 31.3, and Section 31.5(b), of Article XXXI--SIGNS, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended, and as amended, shall read as follows:

ARTICLE XXXI--SIGNS

Section 31.1 RESIDENTIAL AND AGRICULTURAL DISTRICT SIGNS

Section 31.3 COMMUNITY DISTRICT SIGNS

Section 31.5 BUSINESS DISTRICT SIGNS

150-600 feet 1 (one) 150 sq. ft. 25 feet

Each additional 1 (one) 150 sq. ft. 25 feet

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.)

ZP No. 434 (a) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 19, 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 A LIMITED COMMERCIAL, MANUFACTURING AND RESEARCH 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:

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.)

ZP No. 434 (b) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 19, 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 AGRICULTURAL 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:

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.)

ZP No. 434 (c) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 19, 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 A RESIDENTIAL A-1 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:

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.)

ZP No. 435 James Schroeder, Director of Planning and Community Development, presented information on setting a public hearing to consider rezoning 4.00 acres located northwest of the intersection of Joe Mann Boulevard and Eastman Avenue from Community to Business B-2. Richard McCreadie, 2700 Washington, expressed his concern over rezoning Midland County Fairground property purchased by Ace Hardware. Mr. McCreadie felt the City should have a Master Road Plan and consider using this property to extend Joe Mann Boulevard. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 19, 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 A BUSINESS B-2 ZONING CLASSIFICATION WHERE COMMUNITY DISTRICT 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:

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.)

 

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

 

_____________________________________

Penny K. Kovacevich, City Clerk