January 25, 1999
A regular meeting of the City Council was held on Monday, January 25, 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 21, 1998 special meeting, January 11, 1999 regular meeting and the January 20, 1999 special meeting was offered by Councilman Tysse and seconded by Councilman Moolenaar. (Motion adopted.)
Walk for Warmth Day The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Saturday, February 6, 1999, as WALK FOR WARMTH DAY in Midland. (Motion adopted.)
Discussion - League of Women Voters Letter to Council Jill Liberto, Assistant Communications Coordinator, introduced Fran Hamburg, President of the League of Women Voters and Ken Foster, Chairperson of the LVW Local Study Committee. Ms. Hamburg and Mr. Foster appeared before Council to discuss further steps Council could take to improve the quality of citizen participation in government. The City Council discussed this issue with Ms. Hamburg and Mr. Foster and directed the City Manager to make sure all minutes from advisory board meetings be filed and made available at the Government Information Center of the Grace A. Dow Memorial Library. They also directed the City Manager to contact the Cable Advisory and Library Boards to determine whether they wished to be advisory to the City Council or City staff.
Third Access TV Channel Jim Alsip, Grace A. Dow Memorial Library Director, presented information on an ordinance amendment that would activate a third access channel and designate the usage of the three access channels. A public hearing was opened at 8:04 p.m. James Wilson, 1119 Holyrood, urged Council to consider allowing volunteers the use of Channel 3 and to work toward a fourth channel. Janet Neumann, 4915 Tucker, felt the current proposal did not meet the needs of the people. Ms. Neumann suggested a fourth channel be added and requested that Council be flexible in its channel designation. Robert Granstra, 413 Wilson, supported the implementation of a third channel. Linda Malekadeli, 3108 Sweetbrier Terrace, suggested that Channel 15 be used as the government channel and requested Council consider a fourth channel. Wilson Coomer, 223 E. Collins, an MCTV volunteer, stated he was in favor of keeping local programming on Channel 3 and moving governmental programs to Channel 15. Mr. Coomer also felt the Cable Commission should report directly to Council. The hearing closed at 8:34 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:
WHEREAS, a resolution adopted by the City Council on February 23, 1998 requires a public hearing be held prior to activation of a third public access channel; and
WHEREAS, a public hearing was held on January 25, 1999 at 7:00 p.m. in City Council Chambers at City Hall for the purpose of hearing public comment on the activation and use of a third access channel; now therefore
RESOLVED, that the City Council hereby directs the City Manager to prepare the necessary ordinance amendments to provide for the following usage of the three access channels operated by MCTV:
Channel 5 be designated as the Government and Education Channel for use by the City of Midland, other governmental units and programming involving governmental matters such as the Candidate's Forum and election results.
Channel 15 be designated for the community message board and access user programming whenever it becomes necessary due to the lack of availability of space on Channel 3.
Channel 3 be designated and used solely for access user programming.
(Motion adopted.)
PUBLIC COMMENTS Dorothy Lengerman, 405 E. Nelson, supported Terry Walkington’s decision to place a moratorium on issuance of new city sewer permits. Charles Hepenstal, 1317 North Parkway, urged citizens to consider running for Council. Mr. Hepenstal also voiced his concern over the fact that the sewer ban was announced one day and removed the next.
Ordinance Amendment - Rental Certification Fees Dan Hargarten, Fire Chief, presented information on an amendment to Chapter 12, Section 12-158 of the Housing Code. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
ORDINANCE NO. 1435
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:
Sec. 12-158. Application for certificate of compliance; inspection and issuance procedures; conditions for issuance of temporary certificates; time for application; application by occupant in default of owner; fee.
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 for any premises that has not been occupied subsequent to the issuance of a certificate of occupancy by the building official.
Section 2. This ordinance shall become effective upon publication. (Ordinance adopted.)
Sewer Connection Fees - Ordinance Amendment Noel Bush, Director of Utilities, presented information on a proposed amendment to Section 21-43 which would eliminate fees for connection to the storm sewer for individuals separating their footing drains or downspouts. Introduction and first reading of the following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:
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.
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 two (2) separate classifications of sewer connection permits:
(1) For the discharge of domestic wastes, not including intercepted groundwaters or stormwaters from roofs, building drains, window well drains, patio drains, truck docks or parking lots, into designated sanitary sewers.
(2) For the discharge of intercepted groundwaters or stormwaters from roofs, yards, building drains, window well drains, patio drains, truck docks or parking lots into designated storm sewers.
b) a sewer connection permit shall be issued upon payment of the following applicable fee:
(1) For the discharge of domestic wastes into designated sanitary sewers, a sanitary 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:
(1) (i) For property which has previously paid a
special assessment, the permit fee shall be one hundred twenty dollars ($120.00).
(2) (ii) For property which has previously conducted
constructed at private expense a sewer accepted and used by the city as a public sewer,
the permit fee shall be one hundred twenty dollars ($120.00).
(3) (iii) For property which has, previous to the
adoption of this chapter, made a connection to any existing city sewer, the permit fee
shall be one hundred twenty dollars ($120.00).
(4) (iv) For each property which has not borne the
expense of the construction of sewer mains, a permit shall not be granted until a permit
fee, the sum of which is equal to one-half (1/2) of the per- foot cost of a ten-inch sewer
indexed to the year of connection using The Engineering News Record, "The
Construction Cost Index," and calculated by the city engineer on a front foot basis,
is paid. An additional charge shall be made for a six-inch connection line from the sewer
main to the property line of the property to be served, if the sewer has or will be
constructed by the city. Said additional charges shall be the city’s actual
construction or contract costs. The property owner may choose to pay this fee in five (5)
installments, the first installment being due at the time of connection, and the deferred
installments being due annually thereafter, with interest accumulating at the rate of the
most recent rate established by the city council for annual payments of special
assessments. In such event, this charge shall constitute a lien on the premises subject
thereto, and that amount shall also be a debt to the person to whom assessed until paid.
Annually, the city engineer shall notify the director of fiscal services of any such charges due. The director of fiscal services shall forward a statement of the total charges assessed on each parcel of property to the owner, as shown by the last current assessment or tax roll, and said assessment shall be payable to the city treasurer within thirty (30) days from the date said statement was forwarded. If not paid within the prescribed thirty-day period, such statement shall be filed by the director of fiscal services with the city assessor and shall thereupon be assessed against the land in question and become a lien on such property, in accordance with the city of Midland charter. The amount so charged may be discharged at any time by the payment of the amount specified in the statement, together with accrued interest compiled from the time of filing said statement with the city assessor.
(2) for the discharge of intercepted groundwaters or stormwaters into designated storm sewers, a storm 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:
(5)(i) For property for which the connection of a
downspout, weep tile, footing drain, sump pump discharge or any other conduit that carries
the discharge of stormwater or intercepted ground water into to a
designated storm sewers was completed after october 26, 1987, the permit
fee shall be one hundred twenty dollars ($120.00).
(ii) for property with downspout, weep tile, footing drain, sump pump discharge or any other conduit that carries the discharge of stormwater or intercepted ground water connected to a sanitary sewer prior to october 27, 1987, and for which the connection was eliminated and a subsequent connection to a designated storm sewer is requested, a permit fee shall not be levied.
(6)(3) The combined permit fee for each property for
which a sanitary sewer connection permit and a storm water connection permit is obtained
at the same time and for which the inspection of both connections are to be completed at
the same time shall be one hundred sixty-five dollars ($165.00).
Section 2. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)
Removal of Downspouts & Drains from Sanitary Sewer Report Noel Bush, Director of Utilities, reported on the progress of the removal of downspouts and roof drains from the sanitary sewer system. James Pollack, 1420 Whitehall Street, suggested the City build up parking lots in the downtown area to allow for run off of water. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that the report on the removal of downspouts and roof drains from the sanitary sewer system be received and filed in the office of the City Clerk; and
RESOLVED FURTHER, that staff is directed to prepare an ordinance to require that disconnection of downspouts, roofing drains, yard drains, truck dock, or parking lot drains will not be required until a public storm sewer is available. (Motion adopted.)
Site Grading Proposal & Cost Estimates Noel Bush, Director of Utilities, reported on a site grading proposal and cost estimates for a typical household regarding a possible ordinance mandating a drainage grade away from buildings towards streets or open areas. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:
RESOLVED, that the attached report on the site grading proposal and cost estimates for a typical home be received and filed in the office of the City Clerk. (Motion adopted.)
Preliminary Plat - City Forest Estates James Schroeder, Director of Planning and Community Development, presented information regarding tentative approval of the Preliminary Plat of City Forest Estates. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:
WHEREAS, the City Council has reviewed the Preliminary Plat of City Forest Estates, a residential subdivision of 15 lots on 15.99 acres on the east side of Sturgeon Avenue north of US-10; and
WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat, in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and
WHEREAS, the proprietor, Wiskin Land Development, Inc., has requested a variance from the provisions of Section 23-57 of the Subdivision Control Ordinance to provide for a cul-de-sac in excess of 700 feet, and Section 23-41 to provide for a dimensional ratio of greater than 1 to 2.5 for the width-to-depth dimension of Lot 15; now therefore
RESOLVED, that the City Council does hereby give tentative approval to the Preliminary Plat of City Forest Estates, in accord with the drawing dated January 7, 1999, and in accord with Section 23-14 of the Code of Ordinances of the City of Midland; and
RESOLVED FURTHER, that the City Council grants a variance from the provisions of Section 23-57 of the Subdivision Control Ordinance to provide for a cul-de-sac in excess of 700 feet, and Section 23-41, to provide for a dimensional ratio of greater than 1 to 2.5 for the lot width-to-depth dimension of Lot 15, as provided for in Section 23-80 of the Subdivision Control Ordinance, on the basis of:
1. Special circumstances or conditions affecting said property such that strict compliance to the provisions of these sections would deprive the proprietor of the reasonable use of his land.
2. The variances are necessary for the preservation and enjoyment of a substantial property right of the proprietor;
3. The granting of the variances will not be detrimental to the public welfare or injurious to other property in the territory in which said property is located.
(Motion adopted.)
TCO D-98-01 The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
RESOLVED, that Traffic Control Order No. D-98-01 filed December 15, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:
That traffic control at the intersection of Saginaw Road and Drake Street/Wellness Street be regulated by an electronic traffic signal that operates on full color from 6:00 a.m. to 10:00 p.m. daily, and on four way flash from 10:00 p.m. to 6:00 a.m.
Be modified to change the operation on full color from 6:00 a.m. to 11:00 p.m. daily, and on four way flash from 11:00 p.m. to 6:00 a.m. and is hereby made permanent. (Motion adopted.)
TCO R-98-06 The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
RESOLVED, that Traffic Control Order No. R-98-06 filed November 13, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:
That a speed limit of 35 miles per hour be established for Diamond Drive between Jefferson Avenue and Midfield Lane.
is hereby made permanent. (Motion adopted.)
Transfer of Funds - Sanitary Sewer Repair Account The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
RESOLVED, that the Fiscal Services Director is authorized to transfer $51,000.00 from the Wastewater Microfloc Upgrade Account, Acct. No. 590-9120-912.97-20 to the Wastewater Sanitary Sewer Repair Activity, Miscellaneous Contractual Services, Acct. No. 590-8249-821.81-99. (Motion adopted.)
Phase III Study of Sanitary and Storm Water Collection-Contract Noel Bush, Director of Utilities, presented information on a proposal from Hubbell, Roth and Clark for the Phase III Study of sanitary and storm water collection systems. Charles Hepenstal, 1317 North Parkway, expressed concerns over the agreement with Hubbell, Roth and Clark. William Fagley, 2700 Glendale and Chair of the Sensible Sewer Committee, supported the proposal from Hubbell, Roth and Clark. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:
WHEREAS, the City of Midland desires to engage the services of Hubbell, Roth and Clark, engineering consultants, to develop alternatives for collection system and treatment plant improvements to handle a 50 and 75-year rain event; and
WHEREAS, the firm of Hubbell, Roth and Clark, the City’s consulting engineers, have proposed a scope of services and cost in the amount of $79,140.00 for Phase III Study that meets the requirements set forth by the City Council on December 21, 1998; and
WHEREAS, the City of Midland staff has estimated in-house engineering costs and contingency for the project to be in the amount of $20,000.00; and
WHEREAS, funding is available through the Wastewater Fund Reserve Account; now therefore
RESOLVED, that the City Council accepts the proposal of Hubbell, Roth and Clark for the Phase III Study of sanitary and storm water collection systems and authorizes the Mayor and City Clerk to execute an agreement for professional services on an hourly basis not to exceed $79,140.00; and
RESOLVED FURTHER, that the City Manager has the authority to approve any change order modifying or altering this contract in an amount up to $20,000.00; and
RESOLVED FURTHER, that the sum of $20,000.00 be established for Phase III engineering and contingency costs; and
RESOLVED FURTHER, that $90,000.00 be appropriated from the Wastewater Fund Capital Reserve to provide Phase III project funding. (Motion adopted.)
Extraction Well Installation Oversight - Landfill The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
WHEREAS, Sec. 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and
WHEREAS, funding is available through project # 9902 Cells 1-13 Closure; now therefore
RESOLVED, that a purchase order to Radian International Midland, Michigan be authorized in the amount of $24,070 for the professional services of quality control, testing, certification, and reporting to the Department of Environmental Quality relating to the installation of twelve leachate extraction wells required for the closure of Cells 1-13. (Motion adopted.)
97 Sidewalk Improvement Program Amendment The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
WHEREAS, certain changes and revisions are required to amend the 1997 Sidewalk Improvement Special Assessment District to agree with final construction conditions and walks installed by certain property owners and the City of Midland to comply with the conditions set forth in the Sidewalk Construction Agreements and resolutions approved by Council for said program; and
WHEREAS, the assessment roll for the 1997 Sidewalk Improvement Special Assessment District shall be revised for the certain properties listed below:
14-14-10-194 14-09-10-044 14-09-10-060
14-14-10-198 14-09-10-048 14-09-10-062
14-14-10-387 14-09-10-050
14-14-10-398 14-09-10-052
; and
WHEREAS, a public hearing is required to amend the June 16, 1997 resolution approving the Special Assessment Roll for the 1997 Sidewalk Improvement Special Assessment District; now therefore
RESOLVED, that the City Council will meet in the City Hall in said City on Monday, February 8, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed revisions to the 1997 Sidewalk Improvement Special Assessment Roll; and
RESOLVED FURTHER, that the City Clerk shall give notice of said hearing by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to the proposed revisions to said special assessment district by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion adopted.)
98 Sidewalk Improvement Program Amendment The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:
WHEREAS, certain changes and revisions are required to amend the 1998 Sidewalk Improvement Special Assessment District to agree with final construction conditions and walks installed by the City of Midland to comply with the conditions set forth in the Sidewalk Construction Agreements and resolutions approved by Council for said program; and
WHEREAS, the assessment roll for the 1998 Sidewalk Improvement Special Assessment District shall be revised for the certain property listed below:
11-32-30-070
; and
WHEREAS, a public hearing is required to amend the July 13, 1998 resolution approving the Special Assessment Roll for the 1998 Sidewalk Improvement Special Assessment District; now therefore
RESOLVED, that the City Council will meet in the City Hall in said City on Monday, February 8, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed revisions to the 1998 Sidewalk Improvement Special Assessment Roll; and
RESOLVED FURTHER, that the City Clerk shall give notice of said hearing by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to the proposed revisions to said special assessment district by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion adopted.)
Proposed 98-99 General Fund Budget Amendment The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:
RESOLVED, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, February 8, 1999, in the Council Chambers of City Hall on the proposal to amend the 1998-99 General Fund budget to increase expenditures for Tax Appeals Defense Costs, and the City Clerk shall give notice as provided in Section 11.4 and 5.11 of the Charter of the City of Midland. (Motion adopted.)
Being no further business the meeting adjourned at 10:40 p.m.
_____________________________________
Penny K. Kovacevich, City Clerk