January 11, 1999

A regular meeting of the City Council was held on Monday, January 11, 1999, at 7:00 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 December 14, 1998 special meeting, December 21, 1998 regular meeting and the January 4, 1999 special meeting was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

Borrow-A-Container Report Martin McGuire, Director of Public Services, reported on the conversion from the borrow-a-truck program to the borrow-a-container program. Under the new program the Department of Public Services delivers a four-yard container, which can be picked up, delivered and emptied by a single truck with a single driver. Mr. McGuire stated the borrow-a-container program is significantly more efficient for DPS and better serves the customers, as they can now serve up to ten residences per day while under the borrow-a-truck program DPS could only serve up to four residences per day. The average wait for a container has been reduced from three to four weeks to two to five days and the City cost of the program for the ten month period has remained relatively unchanged.

Zoning Petition No. 437 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 437 which would amend the zoning map to rezone property on the southeast corner of Vail and Cambridge Streets from Residential A-1 to Residential A-4. The Planning Commission recommended approval of the Residential A-4 zoning. A public hearing was opened at 7:07 p.m., no comments were made, the hearing closed at 7:08 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

ORDINANCE NO. 1434

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-4 ZONING CLASSIFICATION WHERE RESIDENTIAL A-1 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. (Ordinance adopted.)

PUBLIC COMMENTS    William Fagley, 2700 Glendale, commented on the process of developing the 1999 / 2000 budget and presented information regarding residential tax increases from 1970 to 1998.

 

Housing Code Ord. Amendment Rental Certification Fees     Dan Hargarten, Fire Chief, presented information on an ordinance to amend Chapter 12 of the Housing Code, Section 12-158, which would waive certification fees for newly constructed rental housing units that have received a Certificate of Occupancy. Introduction and first reading of the following ordinance was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 12-158 OF ARTICLE IX OF CHAPTER 12 THEREOF.

The City of Midland Ordains:

Section 1. Section 12-158 is hereby amended to read as follows:

    1. An owner shall apply for a certificate of compliance. Inspection and issuance of certificates shall be in accordance with the requirements of this article and with procedures established by the building official. The building official may authorize the issuance of temporary certificates without inspection for those premises in which there are violations of record as of the effective date of this article, and shall issue such temporary certificates upon application in cases where inspections are not conducted within a reasonable time. Temporary certificates shall also be issued for premises with violations of record whether existing before or after the effective date of this article, when the owner can show proof of having undertaken to correct such conditions, or when the city has been authorized to make repairs, or when a receiver has been appointed, or when an owner rehabilitation plan has been accepted by the court.
    2. An application for a certificate shall be made when the owners, or any of them, enroll in the registry of owners and premises. If the owner fails to register, any occupant of unregistered or uncertified premises may make application.
    3. A fee as specified in section 21-51 shall be paid by the applicant at the time the certificate is issued. A certificate shall include only one (1) dwelling, dwelling unit or habitable room. SAID FEE and inspection required pursuant to this article SHALL BE WAIVED UNDER THE FOLLOWING CIRCUMSTANCES:
    4. (1) FOR ANY PREMISES THAT HAS NOT BEEN OCCUPIED SUBSEQUENT TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY BY THE BUILDING OFFICIAL; OR

      (2) FOR ANY PREMISES THAT HAS BEEN ALTERED AFTER HAVING OBTAINED A BUILDING PERMIT AND APPROPRIATE FINAL INSPECTIONS WITHIN THIRTY DAYS OF THE DATE THE OWNER REGISTERS THE DWELLING IN ACCORDANCE WITH SECTION 12-152 (B).

    5. Nonprofit housing owners may include all dwelling units within a single project under one (1) certificate, with the amount of the fee to be the actual cost to the city for the inspection-certification process as determined by the chief building inspector.

Section 2. This ordinance shall become effective upon publication. (Motion adopted. Considered first reading.)

 

1998 Sanitary and Storm Sewer Maintenance Report Noel Bush, Director of Utilities, presented a report on the 1998 Sanitary and Storm Sewer Maintenance Program. The report, on file in the City Clerk’s Office, included a review of sanitary sewer maintenance, storm sewer maintenance and open drain maintenance for 1998. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the attached report on the 1998 Sanitary and Storm Sewer Maintenance Program be received and filed in the office of the City Clerk. (Motion adopted.)

Planning Commission Appointment   Mayor Black announced the voting for a new member of the Planning Commission. Tom McCann, 3310 Jefferson Avenue, an applicant for the Planning Commission, appeared before Council to request that he be considered for the position. James Pollack, 1420 Whitehall Street, supported Mr. McCann’s request to be placed on the Planning Commission. After voting the following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Tom McCann is hereby appointed to the Planning Commission to fill the unexpired term of Jeffrey Sopcak to expire June 30, 2000 effective immediately. (Motion adopted.)

 

Zoning Board of Appeals - Appointment The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that Reigh Gunderson is hereby appointed as an Alternate Member to the Zoning Board of Appeals to fill the unexpired term of Daniel Kane to expire June 30, 1999 effective immediately. (Motion adopted.)

 

Cable Franchise Agreement - Transfer of Control     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, pursuant to the City of Midland Cable Communications Franchise Procedure Ordinance, Chapter 15, Article V, Division 1 of the City of Midland Code of Ordinances, the City of Midland ("City") granted a franchise to own, operate and maintain a cable television system to Gerity Cablevision, a division of Gerity Broadcasting Company ("Gerity"), such franchise being embodied in a Cable Communications Franchise Agreement by and between Gerity Cablevision, a division of Gerity Broadcasting Company and the City of Midland, Michigan, dated January 30, 1984 (such franchise agreement, as thereafter amended, being referred to herein as the "Franchise"); and

WHEREAS, on November 17, 1986, Bresnan Communications Company Limited Partnership ("BCCLP") assumed Gerity’s obligations and agreed to be bound by the Franchise; and

WHEREAS, the Franchise provides that the franchiseholder may not assign or transfer the Franchise, or its rights or interests thereunder, nor may control of the franchiseholder be transferred, without the prior written authorization of the City Council (BCCLP and any lawful successor franchiseholder being hereafter collectively referred to as the "Franchisee"); and

WHEREAS, by a resolution adopted by the City Council on December 21, 1998, the City Council consented, subject to certain conditions, to the transfer of Franchisee’s cable system and the Franchise from BCCLP to Bresnan Telecommunications Company, LLC ("BTC"); and

WHEREAS, upon consummation of the transactions resulting in the transfer of the Franchise to BTC, Tele-Communications, Inc. ("TCI"), will continue to hold indirectly an interest in the Franchise in excess of the threshold amounts set forth in Section 12(C) of the Franchise; and

WHEREAS, pursuant to the Agreement and Plan of Restructuring and Merger among AT&T Corporation ("AT&T"), a newly formed, wholly owned subsidiary of AT&T ("Merger Sub"), and TCI, dated as of June 23, 1998 (the "Merger Agreement"), Merger Sub will merge with and into TCI with TCI as the surviving corporation in the merger, and as a result of the transactions contemplated by the Merger Agreement, TCI will become a wholly owned subsidiary of AT&T ("the Transactions"); and

WHEREAS, on or about September 14, 1998, TCI and AT&T submitted to the City an application requesting the City’s consent to the Transactions and to the transfer of control of the Franchisee from TCI to AT&T (the "Application"); and

WHEREAS, the City has reviewed and relied upon the Application, as well as all relevant documents, staff reports, public comments and recommendations, and the representations of Franchisee, TCI and AT&T concerning the proposed Transactions and the transfer of control from TCI to AT&T; and

WHEREAS, the City has determined that consent to the Transactions and the transfer of control is in the public interest, provided that AT&T is willing to accept certain terms and conditions relating thereto, such terms and conditions being set forth below and in an Acknowledgment of the Franchise by AT&T Corporation, attached hereto as Exhibit A (such acknowledgment being hereafter referred to as the "Franchise Acknowledgment:); and

WHEREAS, AT&T has agreed to accept such terms and conditions and to execute the Franchise Acknowledgment as specified herein; now therefore

RESOLVED, that pursuant to the Franchise, the City’s consent to the transfer of control of the Franchisee from TCI to AT&T is hereby GRANTED, subject to the following conditions:

RESOLVED FURTHER, that if any of the conditions specified above are not satisfied, then the City’s consent to the transfer of control from TCI to AT&T is DENIED; and

RESOLVED FURTHER, that any material misrepresentation in the Application shall constitute a material violation of the Franchise, subject to all of the remedies available to the City under the Franchise. By way of example and not limitation, the representations made in Exhibit 4 to the Application shall be deemed to be material; and

RESOLVED FURTHER, that this resolution shall not be construed to grant or imply the City’s consent to any other future transfer or transaction that may require the City’s consent under the Franchise or applicable federal, state, or local law, including, without limitation, any transfer of the system or any part of the system to AT&T or to any subsidiary or affiliate of AT&T. The City reserves all its rights with regard to any such future transactions. (Motion adopted.)

 

Airport Project Agmt - Fuel Tank Installation Jack Duso, Assistant City Manager, presented information regarding postponing action on the installation of a replacement fuel tank at the Jack Barstow Airport until such time staff has explored options with respect to the grant assurances from the Michigan Bureau of Aeronautics. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the City Council hereby postpones action on the acceptance of a grant from the Michigan Bureau of Aeronautics for the installation of a replacement fuel tank at Jack Barstow Municipal Airport until the City Council has received the City Manager's report on the result of his meetings with appropriate state and federal agencies and appropriate legislators to explore options for the City Council to consider in its deliberations on funding capital improvements at Jack Barstow Municipal Airport. (Motion adopted.)

 

 

Options for Future Capital Improvements at Barstow Airport      The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City of Midland is anticipating future capital improvements at Jack Barstow Municipal Airport; and

WHEREAS, the City Council is interested in exploring all options related to the funding of these improvements because of the expenses that the City will soon incur and the assurances that are included in any federal and state grants; now therefore

RESOLVED, that the City Manager is hereby authorized to contact the appropriate state and federal agencies and appropriate legislators to explore options available to the City Council related to the funding of future capital improvements at Jack Barstow Municipal Airport. (Motion adopted.)

MDOT Contracts up to $20,000 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2000 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 1999 to September 30, 2000. (Motion adopted.)

 

MDOT Contract - Two Railroad Crossing Signs    The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, proposed Contract No. 98-5491 for the purchase and installation of traffic signs at certain railroad crossings in the City of Midland has been received from the Michigan Department of Transportation; and

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

WHEREAS, the proposed sign upgrade work in the amount of $2365 is funded totally by the Michigan Department of Transportation; now therefore

RESOLVED, that the City Council hereby approves the proposed MDOT Contract 98-5491 for purchase and installation of traffic signs at the CSX Transportation, Inc. crossing on Bailey Bridge Road and the Central Michigan Railroad crossing on Rockwell Drive and authorizes the Mayor and City Clerk to sign on behalf of the City. (Motion adopted.)

MGUA Petitions for Rezoning James Schroeder, Director of Planning and Community Development, presented information on the City’s concerns for rezoning lands in Larkin Township within the Midland Urban Growth Area. Mayor Black, who as an attorney, was involved in legal work regarding a portion of this area, requested that he be allowed to abstain from voting on this item. Council unanimously agreed to the abstention. Mayor Black handed the gavel to Mayor Pro-tem Coppage. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland has been notified of certain proposed zoning actions in Larkin Township but within the Midland Urban Growth Area; and

WHEREAS, the proposed zoning and development will require City services; and

WHEREAS, the zoning and development of these lands would better occur under the ordinances and regulations of the City of Midland; now therefore

RESOLVED, that the City Council directs the administration to express its concerns to the Larkin Township Planning Commission and Township Board regarding procedures for zoning and development within the Midland Urban Growth Area; and

RESOLVED FURTHER, that staff is directed to make the appropriate contacts with regard to the annexation of the properties. (Motion adopted. Yeas: Coppage, Moolenaar, Tysse, Wazbinski Nays: None Abstained: Black)

Mayor Black resumed the chair.

TCO No. R-98-03 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. R-98-03 filed November 5, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

TCO No. R-98-04 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. R-98-04 filed November 5, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

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

RESOLVED, that Traffic Control Order No. R-98-05 filed November 5, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

TCO S-98-08 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. S-98-08 filed November 5, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

Purchase - Patrol Vehicles The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City’s joint purchase agreement with the State of Michigan allows for the purchase of goods and services using the State’s large volume discounts; and

WHEREAS, funding for this purchase is available in the Capital Equipment account #101-3040-711.97-30 and the State contract for police patrol vehicles is the lowest of the various joint purchase awards; now therefore

RESOLVED, that competitive bids be waived and the State contract price be accepted for award of six (6) patrol cars and the Purchasing Agent be authorized to issue a purchase order to Jorgensen Ford in the amount of $121,410. (Motion adopted.)

Third Access TV Channel James Alsip, Grace A. Dow Memorial Library Director, presented material regarding the activation of the third access channel. Coleen Fulks, 2705 Whitewood Drive, urged Council to revisit the City’s system of communication and expressed her disappointment in not being included in the development of the third channel. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, on February 23, 1998 the City Council adopted a resolution directing the city administration to pursue the activation of a third access channel on Bresnan Communications cable system by:

Obtaining a formal written response from the Midland Public Schools on their desire to continue to reserve two public access stations;

Meeting with Bresnan Communications to determine how the city's request can be accommodated; and

Scheduling a public hearing so that interested citizens could express their views on the reallocation of cable stations; and

WHEREAS, the city administration has obtained a written response from the Midland Public Schools indicating their continued interest in the future use of two access channels; and

WHEREAS, the city administration and Bresnan have determined how the city's request for a third access channel can be accommodated with very little affect on cable subscribers as a result of the reallocation of a channel; now therefore

RESOLVED, that a public hearing is hereby scheduled for Monday, January 25, 1999 at 7:00 p.m. in the Council Chambers, City Hall for the purpose of hearing any comments from the public with respect to the activation of a third access cable channel on Channel 15 on the Bresnan Communications cable system; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and directed to provide the appropriate public notice. (Motion adopted.)

 

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

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 is obligated to pay any relocation costs associated with the acquisition of the right of way that are estimated in the amount of $72,000; 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 payments up to, but not to exceed, $72,000 to the appropriate property owners for relocation expenses, said payment to be made from Road Millage revenue located in the Major Streets Construction Fund. (Motion adopted.)

 

Council set up the following job performance review dates for Karl Tomion, City Manager and Patti Halm, City Attorney.

January 18, 1999 at 3:00 p.m. for Karl Tomion

February 3, 1999 at 3:00 p.m. for Patti Halm

 

Being no further business the meeting adjourned at 9:00 p.m.

 

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Penny K. Kovacevich, City Clerk