October 18, 1999

 

A regular meeting of the City Council was held on Monday, October 18, 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 October 4, 1999 special and regular meeting was offered by Councilman Wazbinski and seconded by Councilman Moolenaar.  (Motion adopted.)

 

Together for Kids Week

Jill Liberto, Assistant Communications Coordinator, introduced Chris Walter, Parent Resources and Safe and Drug Free Schools Coordinator for the Midland County Educational Services Agency.  Ms. Walter requested Council proclaim November 1-7, 1999 as Together for Kids Week in Midland.  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating November 1 – 7, 1999 as Together For Kids Week in Midland.  (Motion adopted.)  Mayor Black then presented the proclamation proclaiming the week of November 1-7, 1999 as Together for Kids Week to Ms. Walter.

 

Zoning Petition No. 447

James Schroeder, Director of Planning and Community Development, presented material regarding Zoning Petition No. 447 – rezoning property on the east side of Jefferson Avenue north of East Chapel Lane.  A public hearing opened at 7:11 p.m., no comments were made, the hearing closed at 7:12 p.m.  The following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Wazbinski:

ORDINANCE NO. 1460

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 A RESIDENTIAL A-2 ZONING CLASSIFICATION WHERE RESIDENTIAL A-4 AND RESIDENTIAL B 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 at the intersection of the West line of Section 3, T14N, R2E, City of Midland, Midland County, Michigan, and the North 1/8 line of said Section 3, South to the center line of East Chapel Lane, East along the center line of East Chapel Lane 1100 feet, North 45° East 480 feet to the Point of Beginning; thence North 45° East 670 feet; thence North 45° West to a point which is 1514.5 feet East of the West Section line of Section 3; thence North to the North 1/8 line; thence West along said North 1/8 line to the intersection of the center line of Stillwater Lane; thence Southeasterly along the center line of Stillwater Lane to the intersection with the center line of East Chapel Lane; thence South along the center line of East Chapel Lane to the Point of Beginning,

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

That property described as:  Beginning at the intersection of the West line of Section 3, T14N, R2E, City of Midland, Midland County, Michigan, and the North 1/8 line of said Section 3; thence South to the center line of East Chapel Lane; thence East along the center line of East Chapel Lane 1100 feet; thence North 45° East 480 feet; thence continuing along the center line of East Chapel Lane to the intersection of the center line extended of Stillwater Lane; thence Northwesterly along the center line of Stillwater Lane to the intersection with the North 1/8 line; thence West along the North 1/8 line to the Point of Beginning,

be, and the same is hereby changed to a Residential A-2 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.  (Ordinance adopted.)

 

Zoning Petition No. 448

James Schroeder, Director of Planning and Community Development, presented material regarding Zoning Petition No. 448 – rezoning property on the northerly side of Hidden Stone Court.  A public hearing was opened at 7:14 p.m., no comments were made, the hearing closed at 7:15 p.m.   The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1461

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 OFFICE-SERVICE 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:

That property described as:  Beginning at the South corner of Lot 11 of the Plat of Hidden Stone Estates, T14N, R2E, City of Midland, Midland County, Michigan; thence Northeasterly 88.95 feet; thence Northwesterly 96 feet; thence Southwesterly to the Northeast right-of-way line of Hidden Stone Court; thence Southeasterly along said right-of-way line 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.  (Ordinance adopted.)

 

99-2000 Water Fund Budget Amendment

Robert Fisher, Director of Fiscal Services, presented information on an amendment to the 1999-2000 Water Fund Budget.  A public hearing was opened at 7:18 p.m., no comments were made, the hearing closed at 7:20 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, on October 4, 1999 a public hearing was scheduled for 7:00 p.m., October 18, 1999 to consider amending the 1999-2000 budget for the Water Fund to provide for the payment of costs and receipt of reimbursements from Dow and Dow Corning associated with the unanticipated repair and maintenance of an industrial system pump; and

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, October 18, 1999, on the proposal to amend the 1999-2000 Water Fund budget to increase revenues from industrial water sales and to increase appropriations for Water Treatment Plant Maintenance- Industrial; now therefore

RESOLVED, that the 1999-2000 Water Fund budget is hereby amended to increase revenues from industrial water sales not to exceed $32,000 and to increase appropriations for Water Treatment Plant Maintenance-Industrial not to exceed $32,000.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Donation from Midland Lions Club – Picnic Shelter in Emerson Park

Martin McGuire, Director of Public Services, introduced representatives from the Midland Lions Club who presented Mayor Black with a check in the amount of $10,400. The donation from the Midland Lions Club is to be used for the construction of a picnic shelter at Emerson Park.  The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the City Council hereby accepts from the Midland Lions Club a check for $10,400; and

RESOLVED FURTHER, that the City Council expresses appreciation to the Midland Lions Club for this generous gift and authorizes the construction of a picnic shelter in Emerson Park.  (Motion adopted.)

 

Naming Central Park Bandshell – Ted Nicholson Bandshell

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

WHEREAS, Theodore “Ted” Nicholson started the instrumental music program in the Midland Public Schools; and

WHEREAS, Mr. Nicholson was active in several community bands, including the Chemical City Band; and

WHEREAS, Mr. Nicholson was the first band director to use the bandshell in Central Park; and

WHEREAS, the Parks and Recreation Commission has, at the request of Donald Beckwith, recommended that the bandshell in Central Park be named the Ted Nicholson Bandshell; now therefore

RESOLVED, that the bandshell in Central Park is hereby named the Ted Nicholson Bandshell.  (Motion adopted.)

 

Request of the Midland Redcoats for 2001 National Softball Championship

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

RESOLVED, that the Midland Redcoats are hereby granted permission to use Emerson Park and St. Charles Softball Fields for a National Softball Championship August 30 to September 3, 2001; and

RESOLVED FURTHER, that the Redcoats can charge admission and operate a beer concession in connection with the event; and

RESOLVED FURTHER, that Parks and Recreation Department will assist the Redcoats in the operation of the event.  (Motion adopted.)

 

Liquor License – V.F.W. Chemical City Post 3651 Addition of Co-Licensee

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

RESOLVED, that the request for a Dance Permit in connection with the request from V.F.W. CHEMICAL CITY POST 3651 to add MIDLAND COUNTY AMVETS POST 3652 as Co-Licensee in 1999 Club licensed business with Dance Permit, located at 3013 Bay City, Midland, MI  48642, Midland County be considered for approval.  It is the consensus of this legislative body that the application be recommended for issuance.  (Motion adopted.)

 

Liquor License Transfer – Ruby Tuesday

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

RESOLVED, that the request from RT MICHIGAN FRANCHISE, LLC (A DELAWARE LIMITED LIABILITY COMPANY) to transfer ownership of 1999 Class C licensed business, located at 6800 Eastman, Suite 500, Midland, MI  48640, Midland County, from RUBY TUESDAY, INC. (A GEORGIA CORPORATION) be considered for approval.  It is the consensus of this legislative body that the application be recommended for issuance.  (Motion adopted.)

 

Dog License Sales Agreement with Midland County Treasurer

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

RESOLVED, that the Treasurer is authorized to execute an agreement with the Midland County Treasurer per PA339 of 1919, Michigan Dog Law, being MCL287.274(4), agreeing to have the Midland County Treasurer sell all Dog Licenses for the City of Midland.  (Motion adopted.)

 

Isabella Street Sanitary Sewer Easement – Giants Super Market, Inc.

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

RESOLVED, that the attached Sanitary Sewer Easement from Giant Super Market, Inc., to the City of Midland, for an easement to construct a new Sanitary Sewer, in Section 19, T. 14 N., R. 2 E., is hereby accepted and that the Sanitary Sewer Easement is ordered recorded.  (Motion adopted.)

 

Traffic Control Order No. S-99-09

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

RESOLVED, that Traffic Control Order No. S-99-09 filed August 3, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Midfield Lane shall yield to Joseph Drive and the existing three-way stop control be eliminated.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. S-99-10

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

RESOLVED, that Traffic Control Order No. S-99-10 filed August 4, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That West Baker Street shall stop for West Reardon Street.

is hereby made permanent.  (Motion adopted.)

 

Carriage House Addition – Upper Emerson Park

James Schroeder, Director of Planning and Community Development, presented information regarding a request from the Midland County Historical Society of the Midland Center for the Arts, Inc. to construct an addition to the Carriage House located in Upper Emerson Park.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, a request has been received from the Midland County Historical Society of the Midland Center for the Arts, Inc., to construct an addition to the Carriage House located in the historical area in Upper Emerson Park; and

WHEREAS, the agreement between the City of Midland and the Midland County Historical Society of the Midland Center for the Arts, Inc., dated October 27, 1987, provides for such actions; now therefore

RESOLVED, that the City Council, as provided for in Sections 9 and 13 of said agreement, hereby approves said addition in accord with drawings dated March 19, 1999 and October 11, 1999.  (Motion adopted.)

 

Preliminary Plat of Foxfire Subdivision No. 1

James Schroeder, Director of Planning and Community Development, presented information regarding the tentative approval of the Preliminary Plat of Foxfire Subdivision No. 1.  The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the City Council has reviewed the Preliminary Plat of Foxfire Subdivision No. 1; 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; now therefore

RESOLVED, that the City Council hereby gives tentative approval to the Preliminary Plat of Foxfire Subdivision No. 1, as shown on the drawing dated as received October 12, 1999, in accord with Section 23-14 of the Code of Ordinances of the City of Midland.  (Motion adopted.)

 

Articulated Truck Buyout – Landfill

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

WHEREAS, bids were received in May, 1994, and a formal lease agreement with buyout option was entered into on June 2, 1994 for the lease of a D250 Articulated Truck from Michigan CAT, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has recommended exercise of said buyout option, and funding is available through account #517-9120-912.97-30 Vehicles; now therefore

RESOLVED, that a purchase order to Michigan CAT be authorized in the amount of $65,000 for the buyout of the currently leased D250 Articulated Truck.  (Motion adopted.)

 

Hydraulic Excavator Lease – Landfill

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

WHEREAS, sealed bids for the five-year lease of one (1) Hydraulic Excavator – Landfill, Bid No. 2335, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the City Administration has reported sufficient funds are available in Landfill Equipment Rental – Outside, account #517-8110-811.94-11; now therefore

RESOLVED, that the qualifying bid proposal submitted by Midland Engine of Midland, Michigan in the amount of $27,500.00 per year ($137,500.00 total lease) is hereby accepted and a purchase order for annual lease payments is authorized; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the lease agreement subject to approval by the City Attorney.  (Motion adopted.)

 

CHOICE House Construction Contract

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

WHEREAS, sealed proposals have been advertised and received for the construction of seven houses for the CHOICE Hillside Subdivision; and

WHEREAS, upon completion of the seven houses, they will be sold through the CHOICE (Creating Housing Options In Challenging Economies) Program; and

WHEREAS, funding for this work will be taken from the Housing Commission Revolving Fund; and

WHEREAS, staff recommends accepting the low bid submitted by Wallace Builders of Midland in the amount of $468,000.00; now therefore

RESOLVED, that the City Council hereby approves the award of the bid to Wallace Builders for the construction of the seven homes cited, in the amount of $468,000.00 in accord with the bid specifications; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute contracts on behalf of the City.  (Motion adopted.)

 

Proposed 98-99 General Fund Budget Amendment

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

RES0LVED, 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, November 8, 1999, in the Council Chambers of City Hall on the proposal to amend the 1998-99 General Fund budget to increase revenues by a total of $840,000 and to decrease expenditures by a total of $5,107,447, 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.)

 

Resignation of City Attorney

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

RESOLVED, that the City Attorney’s resignation letter dated October 15, 1999 be received and filed in the office of the City Clerk.  (Motion adopted.)

 

NEW BUSINESS:

 

Mayor Black offered Council’s appreciation to Councilman Tysse and City Attorney Patricia Halm for past services rendered to the Council and the citizens of the City of Midland.  Patricia Halm, City Attorney, resigned from her position to take a position with the State of Michigan Senate Democratic Office.  Councilman Tysse decided not to seek reelection as Councilman of the Third Ward.

 

Council directed staff to post a notice of a special meeting for Friday, October 22, 1999, at 1:00 p.m. for conducting a closed session of the Council to discuss pending litigation. 

 

Mayor Black reminded residents that the City Council General Election will be held on November 2, 1999 and the League of Women Voters would conduct a forum on the issues and candidates on Channel 3 on October 19, 1999.

 

Being no further business the meeting adjourned at 7:40 p.m.

 

 

                                                                              _____________________________________

                                                                              Penny K. Kovacevich, City Clerk