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:

(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:

    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 bee 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 for any premises that has not been occupied subsequent to the issuance of a certificate of occupancy by the building official.

    4. 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. (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:

b) a sewer connection permit shall be issued upon payment of the following applicable fee:

(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:

(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:

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:

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