November 8, 1999

 

A regular meeting of the City Council was held on Monday, November 8, 1999, at 7:00 p.m. in the Council Chambers of City Hall.  Penny Kovacevich, City Clerk/Treasurer, opened the meeting.  Webelo Troop #3791 – Chestnut Hill Elementary School led those assembled in the Pledge of Allegiance to the Flag.

 

The roll of those elected to the office of Councilman in each of the City’s wards was then called:

 

                                    Ward I              R. Drummond Black – present

                                    Ward II             John S. Coppage – present

                                    Ward III            Hollis H. McKeag – present

                                    Ward IV            John R. Moolenaar – present

                                    Ward V            Marty A. Wazbinski – present

 

The Oath of Office was then administered to each Council member present.

 

Mayor Selection

The roll of the Mayor was summarized and the selection of the Councilman to that position considered and a vote was taken by ballot.  The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that R. Drummond Black is hereby selected to serve as Mayor of the City of Midland for the 1999‑2001 term.  (Motion adopted.)

 

Mayor Pro Tem Selection

The selection of the Mayor Pro Tem was considered and a vote was taken by ballot.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Coppage:

RESOLVED, that Marty Wazbinski is hereby selected to serve as Mayor Pro Tem of the City of Midland for the 1999‑2001 term.  (Motion adopted.)

 

R. Drummond Black, selected by his peers to serve as Mayor, accepted the gavel from Penny Kovacevich.

 

Robert’s Rules of Order

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

RESOLVED, that Robert's Rules of Order Newly Revised edition, be and are hereby adopted to govern, during the current term, the proceedings of the Midland City Council.  (Motion adopted.)

 

Rules in Recognition of the Provisions of the Open Meetings Act

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

RESOLVED, that this resolution shall supercede the City Council resolution dated November 17, 1997, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed closed session of the City Council; and

RESOLVED FURTHER, that the following rules in recognition of the provisions of the Open Meetings Act are hereby adopted:

1.   Addressing Council Meetings:  Any person in attendance at a meeting of the City Council may address the Council any time his remarks are germane to the agenda item being discussed by the Council upon being recognized by the presiding officer.

The agenda of every regular council meeting of the City shall include one agenda item described as either "public comment" or "new business".  The presiding officer shall recognize any person in attendance at the meeting under the provisions of these rules to speak under this agenda item on any subject upon which the Council may properly and lawfully take action.

The presiding officer shall recognize members of the public for reasonable periods and under such conditions as the presiding officer may prescribe to prevent disruption of the business of the Council.

The presiding officer shall not permit members of the public to discuss matters not germane to the agenda item being discussed nor shall the presiding officer permit obscene or insulting comments, actions or printed material.

No person shall be permitted to address the Council unless recognized by the presiding officer and, upon such recognition, the person recognized shall speak at the microphone provided, if any, and give his name and address and disclose upon whose behalf he desires to address the Council if he is appearing in a representative capacity.

2.   Meeting Notices:  The City Clerk is hereby authorized and directed to make a reasonable estimate of the yearly cost of reproducing and mailing notices of all meetings of the City Council and, on an individual yearly basis, meeting notices for any board, commission, or committee of the City created by the ordinances of the City or resolution of the City Council.  Such reasonable estimated costs shall be filed in the office of the Clerk and shall be the charge made to a party making a written request for the same as provided in Section 6 (1) of the Open Meetings Act.

However, no charge shall be made to any newspaper or radio and television station requesting such notices nor shall a charge be made to any party requesting meeting notices of the Council or of any single board, commission or committee.  A charge shall be made to a party, other than the news media, requesting annual notice for multiple types of meetings.

3.   Agendas:  Agendas published in advance and furnished to the City Clerk shall be provided to parties entitled to notice of public meetings pursuant to Sections 6 (1) and (2) of the Open Meetings Act and under the same provisions as part 2 above.

4.   Minutes:  The City Clerk shall determine the reasonable estimated cost of reproducing minutes of the City Council's meetings and the minutes of any board, commission and committee created by the ordinances of the City of resolutions of the City Council.  Such reasonable estimates of cost, based on four (4) cents per page plus the time required of the lowest paid, permanent, full‑time clerical employee of the Clerk's Office to retrieve and reproduce the requested minutes, calculated to the nearest one‑sixth of the hourly wage rate, shall be filed in the Clerk's Office.  There will be no charge for minutes when the cost is five dollars ($5.00) or less.  If the request for copies of minutes exceeds a total cost of five dollars ($5.00), the actual costs shall constitute the charge made pursuant to Section 9 of the Open Meetings Act.  (Motion adopted.)

 

Rules in Recognition of the Provisions of the Freedom of Information Act

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

RESOLVED, that the City of Midland hereby adopts the attached policy as its Freedom of Information Act Policy; and

RESOLVED FURTHER, that the attached documents shall be used to implement the FOIA policy; and

RESOLVED FURTHER, that the City Manager is hereby designated as the City of Midland’s Freedom of Information Act Coordinator.  (Motion adopted.)

 


Midland Area Emergency Medical Board

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

RESOLVED, that Hollis McKeag be designated and is appointed as the City Council's representative for the duration of his current term of office to the Midland Area Emergency Medical Board.  (Motion adopted.)

 

MBS International Airport Commission

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

RESOLVED, that John Coppage be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Board of the MBS International Airport Commission.  (Motion adopted.)

 

Midland’s Legislative Director

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

RESOLVED, that John Coppage be designated and is appointed as the City Council’s representative for the duration of his current term of office as the City of Midland’s Legislative Director.  (Motion adopted.)

 

Readoption of Previous Council Policies

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

RESOLVED, that the following policies adopted by resolution of the City Council that were in effect as of the November 2, 1999 City Council election are hereby readopted by this City Council:

·         Liquor License Policy

·         Public Improvement Petition Deadline

·         Budget Transfers

·         Sidewalk Construction Policy

·         Poverty Exemption Guidelines

·         Administrative Approvals for Annual Events

·         Parks and Recreation Rules

·         Barstow Airport Rules

·         Refuse Collection Rules

·         Cemetery Rules

(Motion adopted.)

 

Minutes         

Approval of the minutes of the October 18, 1999 regular and the October 22, 1999 special meetings was offered by Councilman McKeag and seconded by Councilman Moolenaar.  (Motion adopted.)

 

Community Y2K Efforts Report

Selina Tisdale, Community Relations Coordinator, reported on the City of Midland’s community Y2K efforts.  The City of Midland will be holding a Y2K Community Forum on Wednesday, November 10, 1999, at 7:00 p.m. in the City Council Chambers.  This Forum will provide citizens the opportunity to have their questions answered by representatives from the organizations that directly impact the Midland community.

 

99 Gerstacker Fire Fighter of the Year

Daniel Hargarten, Fire Chief, introduced and commended Fire Truck Operator Mark Kloha upon his receipt of the 1999 Gerstacker Fire Fighter of the Year Award.  Mayor Black congratulated Mark and commended him on achieving excellence in fire safety in service to the citizens of Midland.  Mayor Black then presented Mark with the following Certificate of Recognition:

IN RECOGNITION

WHEREAS, each year the Exchange Club of Midland, Michigan, is proud to present the Gerstacker Fire Fighter of the Year Award to fire fighters judged as outstanding, not only in their line of duty, but also in the community; and

WHEREAS, Fire Truck Operator Mark A. Kloha has been selected as the 1999 Fire Fighter of the Year; and

WHEREAS, Mark joined the Midland Fire Department on August 26, 1991 and was promoted to Fire Truck Operator on March 14, 1999; and

WHEREAS, Mark is a very dedicated employee and is involved in water rescue, is a first aide instructor; and spent many hours of his own time working to help make the recent Fire Department Open House a great success; and

WHEREAS, Mark is very involved in the community by being a Cub Master for Pack 3727, coaching youth football and teaching first aid and CPR; and

WHEREAS, Mark has worked with Adams School for several years for their Day of Service by providing first aid training and assisting with fire safety and; and

WHEREAS, Mark helped put together a nine week CPR/First Aid course for seventh and eighth graders at Bullock Creek Middle School; now therefore

RESOLVED, that the City of Midland proudly recognizes Fire Truck Operator Mark A. Kloha for being the 1999 recipient of the Exchange Club’s Gerstacker Fire Fighter of the Year Award and congratulates him on achieving excellence in fire safety in service to the citizens of Midland.

 

98-99 General Fund Budget Amendment

Robert Fisher, Director of Fiscal Services, presented material regarding an amendment to the 1998-99 General Fund budget.  A public hearing was opened at 7:45 p.m., no comments were made, the hearing closed at 7:46 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, proper legal notice was given and a public hearing was conducted on Monday, November 8, 1999, at 7:00 p.m. for the purpose of hearing public comments regarding the amendment of the 1998-99 General Fund budget; now therefore

RESOLVED, that the 1998-99 General Fund budget is hereby amended as follows:

REVENUES

Property Taxes

Decrease

$     (10,000)

Other Tax Related Revenue

Increase

       35,000

Licenses and Permits

Decrease

     (160,000)

State Shared Revenues

Increase

     320,000

Charges for Services

Increase

     130,000

Use and Admission Charges

Decrease

       (25,000)

Investment Earnings

Increase

     195,000

Miscellaneous Revenues

Increase

     355,000

  Net Increase In Revenues

 

     840,000

 

 

 

 


EXPENDITURES

General Government

Decrease

    2,085,000

Public Safety

Decrease

    1,605,000

Sanitation

Decrease

         90,000

Parks and Recreation

Decrease

       125,000

Airports

Decrease

         50,000

Other Functions

Decrease

       690,000

Reserve for Contingencies

Decrease

       342,447

Interfund Transfers Out

Decrease

       120,000

  Total Decrease in Expenditures

 

    5,107,447

 

 

 

Increase In Fund Balance

 

$  5,947,447

(Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Interim City Attorney Appointment

Jack Duso, Assistant City Manager, presented information regarding the appointment of an interim City Attorney to fill the vacancy created by the resignation of Patricia Halm.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, Patricia L. Halm resigned from the position of City Attorney for the City of Midland effective October 29, 1999; and

WHEREAS, Section 3.9 of the City of Midland Charter requires that the City Council appoint a qualified person to fill the office within 30 days of the date that the office is vacated; and

WHEREAS, James O. Branson III has previously assisted the City by filling in for the City Attorney during vacations and other times on an “as needed” basis and by completing various work assignments and as such is familiar with the City Attorney’s office and the duties thereof; and

WHEREAS, Mr. Branson has expressed a willingness to again assist the City by acting as interim City Attorney until such time that the City Council appoints a person to fill the position on a permanent basis; and

WHEREAS, there is sufficient funding in the City Attorney’s budget for this purpose; now therefore

RESOLVED, that James O. Branson III is hereby appointed to fill the position of City Attorney on an interim basis at a rate of $90.00 per hour until such time that the Midland City Council makes a permanent appointment to the office.  (Motion adopted.)

 

Final Plat of Scenic Estates No. 5

James Schroeder, Director of Planning and Community Development, presented information on the final plat of Scenic Estates No. 5.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Final Plat of Scenic Estates No. 5 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Scenic Estates No. 5, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said record plat on behalf of the City.  (Motion adopted.)

Resignation of Jason Henry – Planning Commission

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

RESOLVED, that the resignation of Jason Henry as a member of the Planning Commission is hereby accepted; and

RESOLVED FURTHER, that the administration is directed to convey the Council’s appreciation to Mr. Henry for his service on this important Commission; and

RESOLVED FURTHER, that staff is directed to advertise for applications from residents of the City of Midland who are interested in filling the vacancy on the Planning Commission.  (Motion adopted.)

 

Request to Vacate Ox-Bow Drive

James Schroeder, Director of Planning and Community Development, gave an overview of a request to vacate Ox-Bow Drive south of Isabella Street and west of Currie Parkway.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that a petition received from Nancy Holt and Donald Sias to vacate Ox-Bow Drive south of Isabella Street (M-20) and west of Currie Parkway, within Ox-Bow Farm Plat No. 1, as recorded in Liber C, Page 33 of Plats, Midland County Records, is hereby referred to the City Engineer, the Planning Commission, the Director of Utilities, and Director of Public Services for review and recommendation to the City Council.  (Motion adopted.)

 

Saginaw/Midland Municipal Water Supply Corporation -  1999 Annual Financial Report

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

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 1999, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

99 Michigan Municipal Liability & Property Pool Board of Director’s Election

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

RESOLVED, that the City Manager is hereby authorized to cast the ballot on behalf of the City of Midland for the 1999 Michigan Municipal Liability & Property Pool Board of Directors election.  (Motion adopted.)

 

Traffic Control Order P-99-07

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

RESOLVED, that Traffic Control Order No. P-99-07 filed August 12, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the west side of East St. Andrews Road from Hillgrove Parkway to 50 feet north.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order R-99-02

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

RESOLVED, that Traffic Control Order No. R-99-02 filed July 21, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic pattern on Rodd Street shall be two-way between Ann Streets and Main Street.

is hereby made permanent.  (Motion adopted.)

 

“Three Free” Yard Waste Program

Martin McGuire, Director of Public Services, requested Council consider extending the period of free collection through the final yard waste collection program, which weather permitting will be December 3, 1999.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, in accord with 21-4C of the Code of Ordinances, the City Council hereby extends the period during which yard waste stickers are not required through the remainder of the yard waste collection program for 1999.  (Motion adopted.)

 

Biathlon Competition – Midland Community Center Fitness Management Team

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

RESOLVED, that the request from the Midland Community Center Fitness Management Team asking permission to conduct the Biathlon at the Tridge on May 13, 2000, utilizing certain public rights-of-way is hereby approved subject to the following conditions:

·         Obtain event liability insurance with minimum coverage of $100,000 per occurrence, $500,000 aggregate, with the City named as certificate holder and additional insured.  The certificate must be submitted to the City no less than five working days prior to the event.

·         If there are food vendors, they must comply with Department of Health requirements and may not serve alcoholic beverages outside their establishment unless licensed to do so.

·         A traffic control map should be developed and submitted to Brian McManus, City Engineer, one month prior to the event.

·         The organizers must contact Larry Quinn of the Police Department to set up a meeting one month prior to the event to discuss the use of volunteers to help man the course.

·         On-duty Police Department personnel will monitor the event.  The Department of Public Services will assist with traffic control devices as directed by the Police Department.

(Motion adopted.)

 

Carport Construction – Riverside Place and Washington Woods

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

WHEREAS, City staff has advertised for competitive bids for the construction of Senior Housing Carports; and

WHEREAS, consulting architects Dow Howell and Gilmore Associates and City staff have recommended acceptance of a bid for $173,100.00 from Gerace Construction Company of Midland; and

WHEREAS, funding for this work has been budgeted for and provided from foundation grants; now therefore

RESOLVED, that the Midland City Council hereby authorizes award of the bid to Gerace Construction Company for $173,100.00.  (Motion adopted.)

 

1999 Tridge Pier Stabilization; Contract No. 14

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of stone rip-rap around the center pier of the Tridge at the confluence of the Chippewa and Tittabawassee Rivers; and

WHEREAS, partial funding for this project in the amount of $25,000 is provided by the Public Improvements Activity of the 1999-2000 General Fund Budget; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $32,000 from the General Fund reserve for contingencies to the construction account (GG0001) in the General Fund Public Improvements Activity to fund this project; and

RESOLVED FURTHER, that the low sealed proposal submitted by Gerace Construction Company, Inc. of Midland, Michigan, for the "1999 Tridge Pier Stabilization; Contract No. 14", in the indicated amount of $48,800.00, 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.)

 

Soo RoMal Plastics, Inc. – IFT Request

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

RESOLVED, that an application received October 15, l999, from Soo RoMal Plastics, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to installation of new plastic manufacturing machinery and equipment in the amount of $2,670,000 relating to new facility approval to allow expansion in the Tri-City Plastics Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday,

November 22, 1999, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Zoning Petition No. 450

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, December 6, 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 RESIDENTIAL A-4 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 Northeast corner of the Northeast Quarter of the Southeast Quarter of Section 23, T14N, R2E, City of Midland, Midland County, Michigan, and running thence South on the East line of said Section 14 rods to the Place of Beginning; thence running West and at right angles with the said Section line 140 feet; thence South and parallel with said East Section line 99 feet; thence East and at right angles with the last line 140 feet to the East Section line; thence North on said East Section line 99 feet to the Place of Beginning,

     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.)

 

NEW BUSINESS

Councilman Wazbinski recognized and presented Councilman Coppage with a gift for his service as one of the founding fathers of the Michigan Elected Official Academy.

 

Councilman McKeag requested that staff consider presenting a resolution at the next Council meeting that would state that the Council’s goal is to submit a ballot proposal on the sewer issue to the public on the February 22, 2000 Presidential Primary Election.  Karl Tomion, City Manager, will present a report to Council regarding options on a sewer issue ballot proposal. 

 

Closed Session – Pending Litigation

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

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with an attorney representing the City regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion adopted by a roll call vote.  Yeas:  Black, Coppage, McKeag, Moolenaar, Wazbinski   Nays:  None)

 

The meeting adjourned to a closed session at 8:22 p.m.

 

 

 

_____________________________________

Penny K. Kovacevich, City Clerk