February 14, 2000

 

A regular meeting of the City Council was held on Monday, February 14, 2000, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present: Drummond Black, John Coppage, Hollis McKeag, John Moolenaar, Marty Wazbinski

Councilmen absent: None

 

Minutes

Approval of the minutes of the January 31, 2000 special and regular meetings was offered by Councilman Coppage and seconded by Councilman McKeag.  (Motion adopted.)

 

February 22 Sewer Ballot Proposal Presentation

Jill Liberto, Assistant Communications Coordinator, presented information on the City of Midland Sanitary Sewer Ballot proposal on the February 22, 2000 Presidential Primary Election ballot.

 

1999-00 Storm Water Management Fund Budget Amendment

Noel Bush, Utilities Director, presented information on a proposed amendment to the 1999-00 Storm Water Management Fund budget to increase revenues from a Federal Emergency Management Agency grant.  A public hearing opened at 7:21 p.m., no comments were made, the hearing closed at 7:22 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

 

WHEREAS, on January 31, 2000 a public hearing was scheduled for 7:00 p.m., February 14, 2000 to consider amending the 1999-00 Storm Water Management Fund budget for receipts from a FEMA (Federal Emergency Management Agency) grant and payments of costs for open drain maintenance; 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, February 14, 2000, on the proposal to amend the 1999-00 Storm Water Management Fund budget to increase revenues from a FEMA grant and to increase appropriations for Storm Water Management Fund - Open Drain Maintenance; now therefore

RESOLVED, that the 1999-00 Storm Water Management Fund budget is hereby amended to increase revenues from a FEMA grant not to exceed $375,000 and to increase appropriations for Storm Water Management Fund - Open Drain Maintenance not to exceed $375,000.  (Motion adopted.)

 

Preliminary Plat of Foxfire Subdivision No. 1

James Schroeder, Director of Planning and Community Development, presented information on the final approval of the Preliminary Plat of Foxfire Subdivision No. 1.  Jack Pulley, attorney for the developer, spoke in support of the approval.  The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

 

WHEREAS, the City Council did give tentative approval to the Preliminary Plat of Foxfire Subdivision No. 1 on October 18, 1999; and

WHEREAS, the approval of the County Drain Commissioner has been received; and

WHEREAS, an approved Michigan Department of Environmental Quality wetland permit has been received; now therefore

RESOLVED, that the City Council hereby gives final approval to the Preliminary Plat of Foxfire Subdivision No. 1, in accord with Section 23-15 of the Code of Ordinances of the City of Midland.  (Motion adopted.)

 

Traffic Control Orders

Brian McManus, City Engineer, reported on Traffic Control Orders P-99-09, P-99-10, P-99-11 and P-99-13.  Council agreed to change the prohibited time restrictions on P-99-09, P-99-10 and P-99-11 to 8:00 a.m. to 4:00 p.m.  Lucille Bicknell, 1309 Airfield, supporter of the two-hour parking time limit on Airfield Lane spoke in favor of the proposed time restriction.  The following four Traffic Control Orders were then presented for consideration.

 

Traffic Control Order P-99-09

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

 

RESOLVED, that Traffic Control Order No. P-99-09 filed November 4, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Ohio Street between Carolina Street and Swede Avenue on school days from 8:00 a.m. to 4:00 p.m.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-99-10

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

 

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

That parking shall be prohibited on Kentucky Street between Ohio Street and Maryland Street on school days from 8:00 a.m. to 4:00 p.m.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-99-11

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

 

RESOLVED, that Traffic Control Order No. P-99-11 filed November 4, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Maryland Street between Carolina Street and 1501 Maryland Street on school days from 8:00 a.m. to 4:00 p.m.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-99-13

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

 

RESOLVED, that Traffic Control Order No. P-99-13 filed November 19, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking between 1112 Airfield Lane and 1404 Airfield Lane shall be limited to a two-hour duration from 7:30 a.m. to 4:00 p.m. during school days.

is hereby made permanent.  (Motion adopted.)

 

2000 Annual Sidewalk Report

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

 

RESOLVED, that in accord with Section 22-17 of the Code of Ordinances, the 2000 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion adopted.)

 

“Let Local Votes Count” Campaign

Jack Duso, Assistant City Manager, presented information on a request from the Michigan Municipal League to adopt a resolution endorsing a “Let Local Votes Count” initiative petition drive to place a Michigan Constitutional Amendment on the November 7, 2000 ballot.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland, like other local governments across Michigan, is empowered to enact and enforce policies, ordinances and contracts to maintain and enhance the health, safety and welfare of local residents; and

WHEREAS, historically, the City of Midland, and other municipalities throughout Michigan have exercised home rule decision making authority to address the wishes and desires of local residents in a manner that reflects their local values; and

WHEREAS, recent actions by the State Legislature to restrict, preempt or override municipal policies, ordinances and contracts has sharply eroded municipal home rule authority; and

WHEREAS, the Michigan Municipal League has proposed an amendment to the Michigan Constitution to require a 2/3 vote of each chamber of the Michigan Legislature on any legislative bill that seeks to restrict or preempt the powers and authorities of cities, villages, townships, counties and municipal authorities under home rule; and

WHEREAS, the MML’s “Let Local Votes Count” campaign is gathering the signatures of at least 302,711 registered Michigan voters to place the proposed Constitutional Amendment on the November 7 statewide election ballot; and

WHEREAS, recent polls indicate a majority of Michigan votes would support a constitutional amendment to limit state intervention in local governance; now therefore

RESOLVED, that the Midland City Council, hereby, endorses the “Let Local Votes Count” ballot initiative of the Michigan Municipal League and will encourage the citizens of Midland to sign the petitions to place the proposal on the ballot.  (Motion adopted.  Yeas:  Black, Coppage, McKeag, Wazbinski    Nays:  Moolenaar)

 

Hearings Officer Appointment for Dangerous Building at 309 E. Grove Street

Dan Hargarten, Fire Chief, presented information on a request to appoint a Hearings Officer to conduct a hearing to determine the facts involved and order, if necessary, the repair or demolition of a structure located at 309 East Grove Street.  Council requested a Notice of Hearing be sent to neighbors in the surrounding area ten days prior to the hearing.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, a vacant and unsecured building located at 309 East Grove Street, Midland, Michigan, has been deemed dangerous and unsafe as defined in Chapter 5 BUILDINGS AND BUILDING REGULATIONS, of the Code of Ordinances of the City of Midland, specifically Section 5-26, by inspection by building department personnel; and

WHEREAS, a Notice and Order has been delivered by certified mail, return receipt request, as prescribed in Section 5-26 of the Code of Ordinances of the City of Midland, to owner of said property; and

WHEREAS, the prescribed time period stated in said mailed notice requesting the owner’s voluntary cooperation in abating this dangerous and unsafe building by repair or demolition has expired, and no action has occurred; and

WHEREAS, a prescribed process is established in Section 5-26 of the Code of Ordinances of the City of Midland to abate dangerous and unsafe buildings; and

WHEREAS, the City Council is required to appoint a Hearings Officer to serve at its pleasure, to conduct the formal procedure for the abatement of dangerous and unsafe buildings as outlined in Section 5-26 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby appoints William Phillips, R. A. as Hearings Officer to preside over the findings of fact and issuing of an order dealing with the restoration or demolition of the structure located on the property known as 309 East Grove Street, Midland, Michigan, and said appointment shall last until dangerous and unsafe conditions at this property are completely abated by repair or demolition.  (Motion adopted.)

 

Annual Application to State for Dial-A-Ride Funding

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

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Midland to provide a local transportation program for the state fiscal year 2001 and, therefore apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the 10c (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $561,274 in state operating assistance funds; an estimated $130,765 in federal 49 USC 5311 (former Section 18) operating assistance funds; and an estimated $267,000 in federal USC 5309 (former Section 3) capital assistance for state fiscal year 2001; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  (Motion adopted.)

 

MDOT, Passenger Transportation Contracts of $20,000 or Less

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

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2001 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 2000 to September 30, 2001.  (Motion adopted.)

 

US-10 Westbound On Ramp from Eastman Road – MDOT Contract No. 00-5001

Brian McManus, City Engineer, presented information on Contract No. 00-5001 between the City of Midland and the Michigan Department of Transportation for approval of funding for the construction of an on ramp to westbound US-10 from Eastman Avenue.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, a proposed Contract No. 00-5001 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the construction of an on ramp to westbound US-10 from Eastman Avenue (US-10 BR); and

WHEREAS, the proposed shares of cost for the project are $1,086,500 from Federal Aid, $247,800 from Michigan Department of Transportation and $23,800 from the City of Midland in accordance with the provisions of Act 51 representing 8.75% of the balance of the cost of the project after Federal Aid participation; and

WHEREAS, funding for this project will be provided by the Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said on ramp constructed;  now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 00-5001 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 

Professional Services for Cap Surveying – Landfill

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

 

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

WHEREAS, funding is available through the Landfill Accounts #517-8110-811.80-02 Architectural Services and #517-8110-811.81-93 Miscellaneous Environmental Services; now therefore

RESOLVED, that a purchase order to Ayres Associates is authorized in an amount not to exceed $45,000 for professional surveying services to be completed on a time and material basis based upon Ayres Associates current published hourly rates.  (Motion adopted.)

 

Currie West Golf Course Expansion & Renovation Contract

Martin McGuire, Director of Public Services, presented information regarding the award of  contract for the Currie West Municipal Golf Course Expansion and Renovation.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, on December 21, 1998, City Council accepted gifts totaling $2,725,000.00 for the expansion and renovation of the Currie West Municipal Golf Course; and

WHEREAS, on April 12, 1999, City Council authorized an expenditure of $194,000.00 for golf course design services from golf course architect, Matthews and Associates of Lansing, Michigan; and

WHEREAS, the Parks and Recreation Commission and the Currie Golf Players Committee have endorsed the architect’s routing design; and

WHEREAS, Consumers Energy has estimated a cost of $114,000.00 to relocate electrical lines; and

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Currie West Municipal Golf Course Expansion and Renovation contract (Bid No. 2353); and

WHEREAS, additional funding for this project is available from the Golf Course Working Capital or will be realized from increased interest earnings from the investment of the monetary gifts; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute a contract with M.J.C. Golf, Inc. of Northville, Michigan in the amount of $2,475,001.00, which includes the base bids for Phase I and Phase II and the pond liner option in Phase I; and

RESOLVED FURTHER; that the City Council authorizes the expenditure of up to $114,000.00 to Consumers Energy for relocating electrical lines.  (Motion adopted.)

 


Interim Library Director Contract

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

 

WHEREAS, as the result of a temporary vacancy in the position of Director of the Grace A. Dow Memorial Library, it is necessary to obtain the services of an interim library director; and

WHEREAS, these services have been determined to be professional services within the requirements of Section 2-19 of the Midland Code of Ordinances, and therefore do not require sealed competitive proposals; and

WHEREAS, sufficient budgetary funding exists for this purpose in the 1999-2000 Grace A. Dow Library Fund budget; now therefore

RESOLVED, that a contract between the City of Midland and Martha S. McKee for the performance of professional services as Interim Director of the Grace A. Dow Memorial Library is hereby approved at a per diem rate of $520, covering the period January 3 through June 30, 2000, and the City Manager is authorized to execute said contract on behalf of the City; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer up to $40,000 as needed within the 1999-2000 Grace A. Dow Library Fund budget, from the Appointed Official Salaries and Fringe Benefits accounts to the Miscellaneous Contractual Services account.  (Motion adopted.)

 

Zoning Petition No. 453

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 13, 2000, 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 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 40 feet North 89° 24’ 21” West and 607 feet North 0° 35’ 39” West of the center of Section 15, T14N, R2E, Midland County, Michigan; thence North 89° 24’21” West 257.5 feet; thence North 0° 35’ 39” East 187.5 feet; thence South 89° 24’ 21” East 257.5 feet; thence South 0° 35’ 39” West 187.5 feet to the Place of Beginning,

     be, and the same is hereby changed to a Business B-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.  (Motion adopted.  Considered first reading.)

 


Tri-City Plastics, Inc. Industrial Development District No. 1

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

 

WHEREAS, Geisler Enterprises, Inc. by means of a letter, including a proposed facility, dated January 21, 2000, which was received by the City Clerk on January 31, 2000, has requested the establishment of an Expanded Tri-City Plastics, Inc. Industrial Development District No. 1 as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on February 28, 2000 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion adopted.)

 

Job Performance Review Report of City Manager

Mayor R. Drummond Black read the results of a job performance review conducted on February 10, 2000 for Karl S. Tomion, City Manager.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $98,500 annually to $103,000; and

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

 

Being no further business the meeting adjourned at 8:57 p.m.

 

 

                        _____________________________________

                        Penny K. Kovacevich, City Clerk