February 22, 1999

A regular meeting of the City Council was held on Monday, February 22, 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 February 8, 1999 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

1998 Police Officer of the Year James St. Louis, Police Chief, introduced David G. Thompson, the recipient of the 1998 Esther and Carl Gerstacker Police Officer of the Year Award. Mayor Black presented a resolution to Mr. Thompson congratulating him on achieving excellence in public safety.

PUBLIC COMMENTS No comments were made.

Ordinance - 3rd Access Channel and Use of Channels     James Alsip, Grace A. Dow Library Director, presented information on an ordinance amendment that would establish the third access channel and would also define use of the three channels. Introduction and first reading of the following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

Ordinance No. ______

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Sections 15-130 and 15-132, Article V, Division 2 of Chapter 15 thereof.

The City of Midland Ordains:

Section 1: Chapter 15, Article V, Sections 15-130 and 15-132, are hereby amended to read as follows:

Sec. 15-130. Purpose of MCTV.

(a) The Midland Community Television (MCTV) studio has been established at the Grace A. Dow Memorial Library to provide production equipment and support services necessary for the creation of locally produced television programs.

(b) It is the purpose of MCTV to provide the people and organizations in the Midland area with an opportunity to be involved in using the television medium to inform, communicate, educate and entertain. It is also the purpose of MCTV to provide the Midland community with locally produced programs of public interest.

(c) The following television channels shall be operated by MCTV:

Sec. 15-132. channel 15 Electronic message board restrictions.

(a) MCTV’s the electronic message board cablecast on Channel 15 is for informational purposes only and may be used for:

(b) MCTV’s the electronic message board shall not be used for "for-profit" commercials or advertisements.

(c) No electronic message shall be cablecast that contains any of the following:

Section 2. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Sewer Ordinance Amendment Noel Bush, Director of Utilities, presented information on an ordinance amendment to Section 28-110.2 of the City of Midland Sewer Ordinance. 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 of the City of Midland, Michigan, by amending Section 28-110.2 of Article III, Division 1 of Chapter 28 thereof.

Section 1: Chapter 28, Article III, Division 1, Section 28-110.2 is 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:

(1) a waiver has been granted in accordance with Section 28-112; OR

For purposes of this division, yard drains shall be defined as drains located within the lawn area and shall not include patio drains, basement walkout drains or other drains associated with residential buildings.

Section 2. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

JPR - City Attorney Mayor Black read the City Council’s report on the job performance review for the 1998 calendar year for Patti Halm, City Attorney. Council held a discussion regarding compensation adjustments for the City Attorney. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the salary of Patricia L. Halm, City Attorney, is amended to recognize a salary increase from $55,000 annually to $57,500; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect. (Motion adopted.)

JPR - City Manager Mayor Pro Tem Coppage read the City Council’s report on the job performance review for the 1998 calendar year for Karl Tomion, City Manager. Council held a discussion regarding compensation adjustments for the City Manager. The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $95,000 annually to $98,500; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect. (Motion adopted.)

 

Change Order - Landfill Maintenance Building Contract     Noel Bush, Director of Utilities, presented information on a change order for $22,154.56 to J.R. Heinemann & Sons, Inc., contractor for the construction of a maintenance building at the landfill. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, J. R. Heinemann & Sons, Inc. of Saginaw, Michigan, were awarded a contract for the construction of a maintenance building at the landfill in the amount of $317, 475.00; and

WHEREAS, it is necessary to relocate leachate collection lines, relocate a water line due to conflicts with the building and its foundations, and over excavate footings to provide proper foundation support; and

WHEREAS, the necessity of this work was unknown to the City or contractor during the bidding of the project, and in the opinion of the City Council sealed proposals are impractical; and

WHEREAS, funding is available through Project No. 9901, Landfill Maintenance Building; now therefore

RESOLVED, that a Change Order to J. R. Heinemann & Sons, Inc. of Saginaw, Michigan, for the indicated amount of $22,154.56 is hereby approved. (Motion adopted.)

Sale of Refuse Trucks The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the sale of used city refuse trucks (Bid No. 2256; and

WHEREAS, city equipment numbers 3-01 and 3-02, both used side loading refuse trucks, are no longer needed for refuse collection services; now therefore

RESOLVED, that the sale of city equipment numbers 3-01 and 3-02 at a price of $7,465.00 each to Trucks and Parts of Ohio is hereby authorized. (Motion adopted.)

 

Northwood University Baseball Field Lighting Project     Martin McGuire, Director of Public Services, presented information on a resolution awarding the contract for the lighting of the Northwood University baseball field to Blasy Electric of Midland. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, funds have been donated to the Midland Foundation for the purpose of lighting a baseball field at Northwood University for community use; and

WHEREAS, the Midland Foundation has pledged to donate the funds to the City of Midland to carry out the lighting project; and

WHEREAS, Section 2.20 of the Code of Ordinances allows that contracts involving the expenditure of funds received as gifts may be awarded without the necessity of soliciting competitive quotations or sealed bids; and

WHEREAS, Blasy Electric of Midland has provided significant support during the planning and design phase of the project; now therefore

RESOLVED, that the City of Midland hereby accepts the generous gift of the Midland Foundation on behalf of the Rollin M. Gerstacker Foundation, the Herbert H. and Grace A. Dow Foundation and the Charles Strosacker Foundation for the purpose of lighting the baseball field at Northwood University for community use; and

RESOLVED FURTHER, that in accord with Section 2.20 of the Code of Ordinances the Purchasing Agent is authorized to issue a purchase order to Blasy Electric of Midland, Michigan in the amount of $153,502.00 for the installation of lights at the Northwood University baseball field. (Motion adopted.)

Purchase - Street Sweeper The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

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 street sweeper for the Department of Public Works (Bid No. 2257), and for the sale of light equipment (Bid No. 2258); and

WHEREAS, funding for the street sweeper in the amount of $86,000 is included in the 1998-99 Equipment Revolving Fund budget for Capital Outlay, "Equipment;" and

WHEREAS, the bids for the sale of light equipment were less than the trade-in values for the same equipment; 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 $63,660.00, after trade-ins, for the purchase of one new street sweeper in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that all bids are hereby rejected for the sale of light equipment. (Motion adopted.)

 

Rejected Bids - Cars, Pickups and Vans (Local Vendors)     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals from local vendors have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of cars, pickups and vans for the Equipment Revolving Fund and the Water Fund (Bid No. 2255); and

WHEREAS, the prices bid in these proposals were found to be higher than the prices listed in the State of Michigan’s Extended Purchasing Program and Oakland County’s Cooperative Purchasing Program for identical vehicles; now therefore

RESOLVED, that all bids submitted by local vendors are hereby rejected. (Motion adopted.)

 

Purchase - Cars, Pickups and Vans    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

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 cars, pickups and vans for the Equipment Revolving Fund and the Water Fund (Bid No. 2255); and

WHEREAS, the prices bid in these proposals were found to be higher than the prices listed in the State of Michigan’s Extended Purchasing Program and Oakland County’s Cooperative Purchasing Program for identical vehicles; and

WHEREAS, the City Council has rejected all bids in response to Bid No. 2255; and

WHEREAS, funding for one car, two 4 x 4 pickups and two cargo vans in the amount of $84,000 is included in the 1998-99 Equipment Revolving Fund budget for Capital Outlay, "Vehicles," and funding for one compact pickup, one 1/2 ton pickup and two window vans in the amount of $70,000 is included in the 1998-99 Water Fund budget for Capital Outlay, "Vehicles;" now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders to Oakland County’s selected vendor, Red Holman GMC of Westland, Michigan, in the amount of $81,840.00 in the Equipment Revolving Fund for the purchase of one administrative car, two 4 x 4 pickups, two cargo vans and in the amount of $60,454.00 in the Water Fund for the purchase of one compact pickup, one 1/2 ton pickup, and two window vans, all in accordance with the Oakland County Cooperative Purchase Program proposal and specifications. (Motion adopted.)

Zoning Petition No. 438 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 22, 1999, at 7:00 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 A RESIDENTIAL A-4 DISTRICT 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:

be, and the same is hereby changed to a Business B-2 District; and

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.)

Proposed CDBG Budget Amendment    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, March 8, 1999, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering amendments to the Community Development Block Grant Budget for the City of Midland for fiscal year 1998-99 by transferring $100,000 to Housing Rehabilitation Loans, as follows:

(Motion adopted.)

Senate Bill 102 Councilman Coppage, seconded by Councilman Moolenaar, moved that Council send a letter opposing Senate Bill 102 to the Michigan Municipal League and also express Council’s general desire to be active participants in personal property tax reform discussions. The following resolution was then presented for consideration:

RESOLVED, that staff is hereby directed to send a letter opposing Senate Bill 102 to the Michigan Municipal League and also express Council’s general desire to be active participants in personal property tax reform discussions. (Motion adopted.)

 

Being no further business the meeting adjourned at 8:30 p.m.

 

 

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Penny K. Kovacevich, City Clerk