April 26, 1999

A regular meeting of the City Council was held on Monday, April 26, 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 Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: John Coppage (excused)

Minutes     Approval of the minutes of the April 12, 1999 regular meeting and the April 19, 1999 special meeting was offered by Councilman Moolenaar and seconded by Councilman Wazbinski. (Motion adopted.)

Proposed 1999-2000 Budget     A public hearing on the 1999-2000 City of Midland Budget was opened by Mayor Black at 7:06 p.m. Charles Hepenstal, 1317 North Parkway, questioned the need for a new fuel tank and runway improvements at Jack Barstow Airport as proposed in the budget. Mr. Hepenstal also stated that he hoped Council would strike from the budget the $250,000 proposed for fire station relocation. The public hearing closed at 7:20 p.m.

1999-2000 CDBG Budget James Schroeder, Director of Planning and Community Development, presented the 1999 - 2000 Community Development Block Grant (CDBG) proposed budget. A public hearing opened at 7:38 p.m., no comments were made, the hearing closed at 7:40 p.m. The following resolution was then offered by Councilman Wazbinski 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, a public hearing was held by the City Council on April 26, 1999, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 1999-2000 Community Development Block Grant Program, as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 1999-2000 budget, as set forth in the attached table, for the proposed use of funds for the Community Development Block Grant Program. (Motion adopted.)

PUBLIC COMMENTS Charles Hepenstal, 1317 North Parkway, described an experience he had in dealing with a blocked exit at a business which was resolved expeditiously and satisfactorily by the Fire Department. Mr. Hepenstal urged residents to apply for boards and commissions and for Council positions. The hearing closed at 7:47 p.m.

Stormwater Runoff Regulations and Control Ordinance     Jerry Hammond, City Engineer, presented information on the proposed amendments to the Stormwater Runoff Regulations and Control Ordinance and recommended Council consider postponing action on the second reading of this ordinance until May 10, 1999. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the Stormwater Runoff Regulation and Control Ordinance Proposed Amendments have been reviewed by the Home Builders Association and Ayres Associates and they have offered suggested changes; and

WHEREAS, the Engineering Department has requested additional time to review the proposed changes and potential impact on stormwater management and detention; now therefore

RESOLVED, that the City Council hereby postpones action on the proposed ordinance amendments until the next regular meeting, May 10, 1999. (Motion adopted.)

Waive Policy on Subordination - CDBG Housing Rehab Loan     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, a request has been submitted by Kevin and Ruth Geary of 4612 Ottawa Court to allow the subordination of a Community Development Block Grant Housing Rehabilitation Loan, upon the refinancing of their second mortgage, with the total indebtedness of the property exceeding 80 percent of the property value; now therefore

RESOLVED, that the City Council hereby approves the subordination of the Community Development Block Grant Housing Rehabilitation Loan on the subject property, in the amount of $46,890, resulting in a total indebtedness of $74,890, which exceeds 80 percent of the property value. (Motion adopted.)

WHEREAS, a request has been received from The Dow Chemical Company for the establishment of a Brownfield Redevelopment Authority on certain lands in the City of Midland; and

WHEREAS, there is an interest in establishing a Local Development Finance Authority for the purpose of promoting economic development in the City of Midland; now therefore

RESOLVED, that the City Council directs the City Manager to prepare the necessary notices and related actions for the purpose of establishing a Local Development Finance Authority and a Brownfield Redevelopment Authority. (Motion adopted.)

Skatepark Construction Martin McGuire, Director of Public Services, presented information on the construction of a skatepark at Chippewassee Park. Funds for the construction of the skatepark are being donated by the Midland Foundation. The following resolution was then offered by Councilman Tysse and seconded by Councilman Wazbinski:

WHEREAS, on December 15, 1997 the City Council gave conceptual approval to a skatepark in Chippewassee Park; and

WHEREAS, a landscape architect, Zachary Wormhoudt of Santa Cruz, California has been retained, has consulted with local skaters, and has presented a plan acceptable to the Parks and Recreation Commission and to the Parks and Recreation Staff; and

WHEREAS, the Midland Foundation has offered to fund the Park and has requested that Gerace Construction of Midland be awarded the contract for this work; now therefore

RESOLVED, that the City Council does graciously accept the generous gift of the Midland Foundation and authorizes construction of the skatepark at a cost not to exceed the funds donated for this purpose; and

RESOLVED FURTHER, that Gerace Construction is awarded the contract in accord with section 2.20 of the Code of Ordinances. (Motion adopted.)

Amendment - 1997 Sidewalk Improvement Special Assmt Roll     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, on February 8, 1999, City Council passed a resolution to amend the 1997 Sidewalk Improvement Special Assessment District and Special Assessment Roll to remove those parcels for which the property owners installed their own sidewalks and to add those parcels for which the property owners did not install their own sidewalks per the agreements between the property owners and the City; and

WHEREAS, said resolution required that property owners being added to the assessment roll pay interest on the special assessment amounts from the time that the original Special Assessment Roll was adopted; and

WHEREAS, staff now recommends that said resolution be amended to provide the property owners who were added to the 1997 Special Assessment Roll a grace period of thirty days to pay the original special assessment amounts without interest; and

WHEREAS, staff also recommends that those property owners who were added to the 1997 Special Assessment Roll and who have paid the full amount of the assessment plus interest be refunded the interest amount and for those property owners who do not pay the special assessment in full, shall be charged interest from July 1, 1998; now therefore

RESOLVED, that the resolution passed on February 8, 1999 be amended to allow the property owners who were added to the 1997 Special Assessment Roll thirty days to pay the original special assessment amount on the 1997 Sidewalk Improvement Program without interest and that property owners who do not pay the full amount of the special assessment within the thirty days are subject to interest accrued from July 1, 1998; and

RESOLVED FURTHER, that property owners who were added to the 1997 Special Assessment Roll who have already paid their full special assessment amount with interest shall receive a refund of the interest amount; and

RESOLVED FURTHER, that the City Assessor shall notify all property owners added to the 1997 Special Assessment Roll who have not paid the special assessment in full that they shall have thirty days from the adoption of this resolution to pay the full amount of the special assessment without interest; and

RESOLVED FURTHER, that the City Treasurer is hereby ordered to refund the amount of interest paid to each of the property owners who were added to the 1997 Special Assessment Roll and who paid their assessment in full, plus interest. (Motion adopted.)

98 Sag/Mid Municipal Water Supply Corp Annual Report     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the attached 1998 Annual Report of the operation of the Saginaw/Midland Municipal Water Supply Corporation be received and filed in the office of the City Clerk. (Motion adopted.)

RESOLVED, that the proposed Saginaw-Midland Municipal Water Supply Corporation 1999-2000 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $40,000 is approved by the Midland City Council. (Motion adopted.)

Snow & Ice Control Salt Purchase The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 1999-2000 budgeted sum for this purpose. (Motion adopted.)

99 Intersection Improvements; Contract No. 2 The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the following street improvement projects:

Intersection reconstruction at Waldo Avenue and James Savage Road

Railroad crossing improvements at Bay City Road and Saginaw Road

Twenty-first Street reconstruction from Saginaw Road to Bay City Road

; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pats Gradall Service, Inc. of Midland, Michigan, for the "1999 Intersection Improvements; Contract No. 2", in the indicated amount of $134,445.60, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

Surveying Services - Landfill The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, Sec. 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and

WHEREAS, the Utility Department requests permission to purchase professional surveying services related to the closure of Cells 9-13 from Ayres Associates; now therefore

RESOLVED, that a purchase order to Ayres Associates, is authorized in an amount not to exceed $30,000 for professional surveying services to be completed on a time and material basis based upon Ayres Associates current published hourly rates. (Motion adopted.)

Equipment Rental - Landfill The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, the City has determined a need to rent additional equipment for use in closure of Landfill cells 1-13; and

WHEREAS, Heritage Equipment has proposed a rental rate of $8,500 per month for a short-term (six month or less) rental of one (1) each John Deere 9400 tractor with two (2) each 2-SP-C17 Miskin scrapers; and

WHEREAS, funding is available in the Midland Landfill Fund Project #9902 Cells 1-13 Closure; and

WHEREAS, competitive bids for this expenditure are deemed to be impractical; now therefore

RESOLVED, that competitive bids are deemed impractical, and the bid process is hereby waived in accord with Code Section 2-18; and

RESOLVED FURTHER, the authorization of a purchase order to Heritage Equipment in the amount of $51,000 for six (6) months of rental of such unit at $8,500 per month is hereby approved. (Motion adopted.)

Zoning Petition No. 440 The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 17, 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 RESIDENTIAL A-1 AND AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

That property described as: Beginning at a point on the West Section line 400 feet North of the Southwest corner of Section 13, T14N, R1E, Midland County, Michigan; thence East 660 feet; thence North to the South 1/8 line; thence East to the West 1/8 line; thence North to the East-West 1/4 line; thence West to the Southeast corner of Lot 26 of Hoffman Subdivision No. 1; thence North 1541 feet along the East line of said Subdivision to the Northeast corner of Lot 37 of said Subdivision; thence West along the North line of said Subdivision 230 feet; thence North 90 feet; thence Northwesterly 118 feet to a point 115 feet North of the Northwest corner of Lot 39 of said Subdivision; thence South 115 feet to the North line of said Subdivision; thence West 115 feet to the Northwest corner of Lot 40 of said Subdivision; thence North 5 feet; thence West 200 feet to the Section line common to Sections 13 and 14, T14N, R1E; thence South along said Section line to a point 451 feet North of the West 1/4 corner of Section 13; thence West 288.75 feet; thence South 451 feet to the East-West 1/4 line of Sections 13 and 14; thence West along the East-West 1/4 line of Section 14 to a point 680 feet West of the East line of Section 14; thence South to the South 1/8 line; thence East 30.3 feet; thence South 165 feet to the center line of Clark Road; thence West .3 feet; thence South 462 feet; thence West 15.76 feet; thence South 660 feet to the South Section line of Section 14; thence East along said South Section line 232 feet; thence North 660 feet; thence East 443.76 feet to the common Section line of said Sections 13 and 14; thence South along said Section line to the point of beginning; and

That property described as: Beginning at a point 277 feet South 2° 29’ West and 179.47 feet North 87° 6’ West of the Northeast corner of Section 23, T14N, R1E, Midland County, Michigan; thence North 87° 6’ West 175.08 feet; thence South 2° 29’ West to a point 462 feet from the North Section line of said Section 23; thence South 87° 56’ East 354.4 feet; thence North 2° 29’ East 20.03 feet; thence North 87° 56’ West 1789.47 feet; thence North 2° 29’ East 165 feet to the point of beginning;

be, and the same is hereby changed to a Residential A-1 District.

Section 2. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Beginning at a point 277 feet South 2° 29’ West of the Northeast corner of Section 23, T14N, R1E, Midland County, Michigan; thence North 2° 29’ East 156.97 feet; thence North 42° 18’ West 70.98 feet; thence North 87° 6’ West 181.36 feet; thence North 2° 53’ East 10 feet; thence North 87° 6’ West 90.18 feet; thence South 2° 29’ West to a point 277 feet from the North line of said Section 23; thence South 87° 56’ East to the point of beginning;

be, and the same is hereby changed to an Office-Service 2 District.

Section 3. 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 4. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Zoning Petition No. 441 The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 17, 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 RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

That property described as: Commencing 680 feet North of the East 1/4 corner of Section 13, T14N, R1E, Midland County, Michigan; thence West 314 feet, South 185 feet, East 314 feet, North 185 feet to the point of beginning,

be, and the same is hereby changed to a Residential A-1 District.

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.)

Zoning Petition No. 442 The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 17, 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 RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

That property described as: Commencing 825 feet North of the Southwest corner of Section 31, T15N, R2E; thence North 264 feet, East 330 feet, South 264 feet, West 330 feet to the point of beginning,

be, and the same is hereby changed to a Residential A-1 District.

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.)

1999 SARA The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the 1999 Downtown Economic Revitalization Public Improvement Program in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said district being described as:

Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of

Section 21, and the Northeast 1/4 of Section 20, bounded by the center line of Jerome,

Buttles and Cronkright Streets, and the Tittabawassee River, all within the City of

Midland, Midland County, Michigan.

and;

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement program; now therefore

RESOLVED, that the Council finds and determines that the construction of said improvements, as before listed, appears to be a necessary public improvement 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 two (2) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

"1999 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

which is hereby established and that said district comprises the following described lands and premises:

Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of

Section 21, and the Northeast 1/4 of Section 20, bounded by the center line of Jerome,

Buttles and Cronkright Streets, and the Tittabawassee River, all within the City of

Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvements and work to be done thereunder in said District shall consist of promotion and events, Christmas decoration rental and contributions toward salary and miscellaneous expenses for the Downtown Coordinator to assist in the revitalization program, and that the total estimated cost and expense thereof is seventy-two thousand thirty-two dollars and 40 cents ($72,032.40); 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, County, and/or DDA shall be zero ($0) and that all other costs and expenses of said revitalization program amounting to seventy-two thousand thirty-two dollars and 40 cents ($72,032.40) 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 improvements 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 10, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvements; 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, the addresses 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.)

Being no further business the meeting adjourned at 8:15 p.m.

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