April 12, 1999

A regular meeting of the City Council was held on Monday, April 12, 1999, at 7:00 p.m. in the Council Chambers of City Hall. The meeting was called to order by Midland City Clerk, Penny Kovacevich, in the absence of Mayor Black and Mayor Pro-tem Coppage. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: Drummond Black (excused), John Coppage (excused)

 

In accordance with Robert’s Rules of Order, which the Council adopted as its official meeting rules at its organizational meeting on November 17, 1997, in the absence of the Mayor and Mayor Pro-tem the Clerk shall call the meeting to order and the Council shall immediately elect a presiding officer to preside during that night’s meeting. Councilman Tysse moved, seconded by Councilman Moolenaar, to appoint Marty Wazbinski as Presiding Officer over the April 12, 1999 City Council meeting.

 

Minutes    Approval of the minutes of the April 12, 1999 regular meeting was offered by Councilman Moolenaar and seconded by Councilman Tysse. (Motion adopted.)

 

Midland Public Safety Telecommunicators Week Suzan Hensel, Director of Midland County Central Dispatch, requested Council proclaim the week of April 11-17, 1999 as Midland Public Safety Telecommunciators Week. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of April 11-17, 1999 as Midland Public Safety Telecommunicators Week in Midland. (Motion adopted.) Presiding Officer Marty Wazbinski presented a copy of the proclamation to Ms. Hensel.

Kick Butts Day Susan Dusseau, Coordinator for Midland County Tobacco Reduction Coalition and Karen Ferguson, a Health Education student from CMU, appeared to request that Council proclaim April 14, 1999 as Kick Butts Day in Midland to help students take a stand against tobacco. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating April 14, 1999 as Kick Butts Day in Midland. (Motion adopted.) Presiding Officer Marty Wazbinski presented a copy of the proclamation to Ms. Dusseau and Ms. Ferguson.

 

Boards and Commissions Recruitment Process Selina Tisdale, Community Relations Coordinator, gave a progress report on the Boards and Commissions recruitment process.

Zoning Petition No. 439 James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 439. A public hearing was opened at 7:20 p.m., no comments were made, the hearing closed at 7:21 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1444

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 OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE BUSINESS B-2 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.)

Zoning Text Amendment 135A James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Text Amendment No. 135A. A public hearing was opened at 7:24 p.m., no comments were made, the hearing closed at 7:25 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1445

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 ARTICLE XXXI--SIGNS, SECTION 31.9(d), PERMITTED TEMPORARY SIGNS, OF THE ZONING ORDINANCE,

The City of Midland Ordains:

Section 1. That Article XXXI--SIGNS, Section 31.9(d), PERMITTED TEMPORARY SIGNS, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended, and as amended, shall read as follows:

ARTICLE XXXI--SIGNS

Section 31.9 PERMITTED TEMPORARY SIGNS

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.)

 

99 Wexford Avenue Improvement Diane Dryzga, City Assessor, presented information on the 1999 Wexford Avenue Special Assessment District Special Assessment Roll. A public hearing was opened at 7:28 p.m., no comments were made, the hearing closed at 7:29 p.m. Councilman Moolenaar moved, seconded by Councilman Tysse, to approve the 1999 Wexford Avenue Improvement Special Assessment District Special Assessment Roll. After further discussion Councilman Tysse moved, seconded by Councilman Moolenaar, the following resolution to postpone action on the 1999 Wexford Avenue Improvement Special Assessment District Special Assessment Roll until all members of Council are present:

RESOLVED, that action on the special assessment roll for the "1999 WEXFORD AVENUE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" is hereby postponed. (Motion adopted.)

 

PUBLIC COMMENTS John Rapanos, 1012 W. Sugnet, voiced concerns about the Midland Economic Development Council and the City of Midland’s industrial development programs.

 

Stormwater Runoff Regulation and Control Ordinance     Jerry Hammond, City Engineer, presented information on amendments to the Stormwater Runoff Regulation and Control Ordinance. John Rapanos, 1012 W. Sugnet, voiced his opposition to the proposed amendments. Jack Pulley, 2302 Cranbrook, voiced his concern over the proposed amendments and called for more research prior to approval of the amendments. Councilman Moolenaar moved, seconded by Councilman Tysse, to approve the amendments to the Stormwater Runoff Regulation and Control Ordinance. After further discussion, Councilman Moolenaar moved, seconded by Councilman Tysse, the following resolution to postpone action on the ordinance amendments until April 26, 1999:

RESOLVED, that action on the amendments to the Stormwater Runoff Regulation and Control Ordinance is hereby postponed until April 26, 1999. (Motion adopted.)

1999 SARA Jennifer Adamcik, DDA Coordinator and Nick Stamas, President of MDBA, spoke in support of a special assessment district under the Shopping Area Redevelopment Act in the Midland Downtown Shopping Area Redevelopment District. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications and diagrams) on the request for the establishment of the 1999 Special Assessment District for the Shopping Area Redevelopment District. (Motion adopted.)

 

Quantum Composites, Inc. Transfer to Monitor Township     Diane Dryzga, City Assessor, presented information on a request to allow Quantum Composites, Inc. to transfer employment from the City of Midland to Monitor Township. Gary Zellner, Vice President of Quantum Composites, Inc., requested Council look favorably on the request to transfer employment. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, Quantum Composites, Inc. ("Quantum") is a business currently located at 4702 James Savage Road in the City of Midland; however, Quantum plans to close this location and relocate to Valley Center Technology Park in Monitor Township, Bay County, Michigan; and

WHEREAS, Quantum’s proposed move to Monitor Township will cause the relocation of more than 20 employees from the City of Midland to Monitor Township and as such, Section 12a of the Michigan Strategic Fund Act requires the fund to notify the City of this relocation of employees and to provide the City an opportunity to object to the relocation; and

WHEREAS, on March 15, 1999, the City Clerk received a letter from the Michigan Economic Development Corporation regarding Quantum’s application for assistance from the Michigan Strategic Fund (the "Fund"); and

WHEREAS, Section 9 of the Plant Rehabilitation and Industrial Development Districts Act, being Public Act 198 of 1974, requires that a local unit of government be notified in the event that a business transfers employment from that governmental unit to another governmental unit and has applied for a tax exemption at its new location; and

WHEREAS, Section 9 also provides that the local unit of government losing employment may withhold its consent to the proposed tax exemption by adopting a resolution stating such and forwarding it to the state department of consumer and industry services; and

WHEREAS, on April 1, 1999, the City Clerk received a letter from Quantum informing the City that they planned to relocate their business to Monitor Township in Bay County, Michigan and have requested a Public Act 198 tax exemption from Monitor Township for both their real and personal property; now therefore

RESOLVED, that the City Council of the City of Midland hereby consents to Quantum Composites, Inc.’s transfer of employment from the City of Midland to Monitor Township and does not object to the granting of the Public Act 198 tax exemption certificate; and

RESOLVED FURTHER, that the City Clerk is directed to mail a certified copy of this resolution to the Michigan Economic Development Corporation, Monitor Township, the state department of consumer and industry services and Quantum Composites, Inc. (Motion adopted.)

 

1999-2000 Proposed Budget Jack Duso, Assistant City Manager, presented information on the 1999 - 2000 Proposed Budget. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 1999-2000 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date as required by Section 11.2 of the Charter and are ordered placed on file for public examination; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 1999-2000 budget shall be conducted on Monday, April 26, at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 1999-2000 budget shall be conducted on Monday, May 10, 1999, at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 1999-2000 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 1998-99 budget and the 1999-2000 proposed budget. (Motion adopted.)

Hostage Negotiator Telephone The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the request of the Lake Huron Area Council Boy Scouts of America to conduct a fireworks display on Saturday, May 1, 1999, at the Midland County Fairgrounds is hereby approved subject to meeting the following requirements:

  1. Pyrotechnic Operator: The display shall be under the supervision of a pyrotechnic operator who shall be responsible for all aspects of the display.
  2. Positioning: Mortars shall be positioned so that aerial shells are directed over the designated landing area. The trajectory of aerial shells shall be arranged such that a minimum clearance of 25 feet is maintained from potential obstruction.
  3. Mortar Separation: Except where mortars are electrically fired, mortars must be separated by a distance no less than the diameter of the mortar tube.
  4. Spectator Separation: Since the display will include five inch shells a minimum separation from the mortar tubes to the nearest spectator shall be 350 feet.
  5. A standby crew from the Fire Department must be present. The standby crew will provide fire protection and will inspect for compliance with the above requirements. There will be a charge of approximately $200 for the standby crew.

 

Payment - Contracted Legal Services    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the services of the law firm of Braun, Kendrick, Finkbeiner, P.L.C. have been necessary in assisting the City of Midland in its defense of the civil lawsuit known as Jerome C. Kole Living Trust v City of Midland, No. 95-12406-GC-L; and

WHEREAS, the cost of said services is expected to exceed $20,000.00 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals;

and

WHEREAS, sufficient funds for this expense have been budgeted for in the contracted legal assistance account of the city attorney’s budget; now therefore

RESOLVED, that payment to the law firm of Braun, Kendrick, Finkbeiner, P.L.C. for continued legal services in the aforementioned civil lawsuit is hereby authorized in an amount not to exceed $28,000.00. (Motion adopted.)

 

US-10/Bay City Road Interchange Contract Amendment     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, Ayres Associates of Midland, Michigan is under contract with the City of Midland to provide Professional Engineering services for the design of the U.S. 10/ Bay City Road Interchange Project; and

WHEREAS, a report has been received from the Assistant City Engineer recommending that the existing contract with Ayres Associates be amended to include performing additional services; and

WHEREAS, a proposal for Professional Engineering Services was received from Ayres Associates in the amount of $26,310.74 to perform said additional services; and

WHEREAS, funding for this project is provided by the County Road Millage Fund; now therefore

RESOLVED, that the contract with Ayres Associates for the U.S. 10/ Bay City Road Interchange Project be amended by accepting the proposal from Ayres Associates dated February 5, 1999 to perform additional services and the Mayor and City Clerk are authorized to execute said contract amendment. (Motion adopted.)

 

Bike Auction - Police Department The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 1, 1999 with the net proceeds being deposited in the General Fund or other appropriate City funds. (Motion adopted.)

 

Petition for Annexation - Larkin Township    James Schroeder, Director of Planning and Community Development, presented information on a petition to the State Boundary Commission to annex property on the west side of Jefferson north of US-10 from Larkin Township. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the City finds it in the public interest to cause the annexation from Larkin Township to the City of Midland of an enclave of six properties located on the west side of North Jefferson north of US-10; now therefore

RESOLVED, that the administration is authorized to submit a petition to the State Boundary Commission for the following described properties:

 

Purchase - Refuse Containers and Trailers The following resolution was offered by Councilman Moolenaar 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 4 cubic yard refuse containers and trailers (Bid No. 2268); and

WHEREAS, funds for these purchases are provided in the 1998-99 Heavy Refuse Collection activity capital outlay budget for "Equipment," account number 101-5220-741.97-25; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue purchase orders to Contract Welding and Fabricating, Inc. of Belleville, Michigan for twenty-six (26) 4-cubic yard refuse containers at the unit price of $379.00 per container, and for fourteen (14) pairs of pocket assemblies at the unit price of $40.00 per pair, for a total amount of $10,414.00; and to Universal Handling Equipment Co. Inc. of Owosso, for ten (10) 4-cubic yard refuse trailers at the unit price of $1,240.00 per trailer, for a total amount of $12,400.00. (Motion adopted.)

 

Park Mowing Contract The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, City Council adopted a resolution on April 12, 1999 authorizing the City Manager and City Clerk were to execute a three-year park mowing contract to Kaufman Lawn of Midland, Michigan; and

WHEREAS, the agreement was written for the Mayor and City Clerk to execute; now therefore

RESOLVED, that the resolution adopted on April 12, 1999 for parks mowing services is hereby rescinded; and

FURTHER RESOLVED, that the sealed proposal submitted by Kaufman Lawn of Midland, Michigan for the unit price of $8,107.49 per month for mowing all park areas listed in the proposal is hereby accepted and the City Purchasing Agent is authorized to issue an annual purchase order for the mowing services; and

FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute a 3-year agreement with Kaufman Lawn for park mowing services. (Motion adopted.)

 

DART Operating Assistance Contract - MDOT The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the City Manager and City Clerk are authorized to execute Agreement No. 99-0086 with the Michigan Department of Transportation for Section 5311 (formerly 18) operating assistance for the City’s DART bus system. (Motion adopted.)

 

99 Sidewalk Improvement Program    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

;and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the "1999 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" and that said district comprises and includes the following described lands and premises, to wit:

;and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is twenty thousand twenty-seven dollars ($20,027); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be ten thousand five hundred ninety-five dollars ($10,595) and that all other costs and expenses of said improvement amounting to nine thousand four hundred thirty-two dollars ($9,432) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 17, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity 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 special assessment 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.)

 

1999-2000 CDBG Budget The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City of Midland will receive $333,000 in Community Development Block Grant funds for fiscal year 1999-2000; and

WHEREAS, there are additional funds remaining from previous years and program income in the amount of approximately $43,078; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on April 26, 1999, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant program, as set forth in the attached table. (Motion adopted.)

 

Voluntary Action Center - Nonprofit Organization Request     Jack Duso, Assistant City Manager, presented information on a request from the Voluntary Action Center to be recognized as a non-profit organization. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

Moved that the request from Voluntary Action Center of the City of Midland, County of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a gaming license or registration be considered for approval. (Motion adopted.)

 

Being no further business the meeting adjourned at 9:10 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk