September 11, 2000

 

A regular meeting of the City Council was held on Monday, September 11, 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.

 

Council members present:

Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the August 28, 2000 regular meeting was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

Midyear Progress Report

Gussie Peterson, Safety and Health Manager, presented a midyear update of the City Safety Program.  The report included injury statistics to-date for 2000 and gave an overview of major activities and accomplishments for the year.

 

City Manager’s Safety Leadership Award

Gussie Peterson, Safety and Health Manager, introduced the 2000 Safety Leadership Award recipients Mark Athey, Building Maintenance Coordinator and Kathy Young, Library Assistant.  The recipients were recognized for their significant and on going contributions to the City and Library safety and wellness programs.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the City Manager has established the Safety Leadership Award to annually recognize a City employee or employee group for exceptional efforts and achievements in promoting safety for City of Midland employees; and

WHEREAS, this award is dedicated to the memory of Ted Wejrowski, who lost his life working as an employee of the City of Midland; and

WHEREAS, the City of Midland Employee Health and Safety Action Committee has selected Mark Athey, Building Maintenance Coordinator, and Kathy Young, Library Assistant, both of the Grace A. Dow Memorial Library, as the fourth annual recipients of this award due to their significant and ongoing contributions to City and Library safety and wellness programs; and

WHEREAS, the City Manager, Karl Tomion, presented the award to Mark and Kathy at the City safety picnic on July 19, 2000; now therefore

RESOLVED, that the Midland City Council acknowledges the exceptional contributions that Mark Athey and Kathy Young have made to the City safety program and congratulates them for being the fourth annual recipients of the award.  (Motion adopted.)  Mayor Black presented a copy of the resolution to Mark Athey and Kathy Young.

 

Vacation of Eastman Avenue and Rezoning (ZP No. 463)

Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, represented the Midland Economic Development Council in its efforts to acquire the land between Ellsworth, Jerome, Larkin and Ripley Streets, requested that Council allow him to abstain from items 3 and 4.  Council unanimously agreed to the abstention.  Mayor Pro-tem Wazbinski assumed the chair. The following two items were then presented for consideration. 

 

Vacation of Eastman Avenue

Mark Ostgarden, City Planner, presented information on the proposed vacation of Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets and the proposed rezoning of property bounded by Eastman Avenue, Larkin Street and Ripley Street from Office-Service 2 to Business B-2.  A public hearing opened at 7:28 p.m. Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the vacation and requested Council consider postponing its decision until an ownership of property question can be resolved.  Jennifer Adamcik, Downtown Development Coordinator and William Topham, representing the First United Methodist Church, spoke in favor of the vacation.  The hearing closed at 7:30 p.m.  Council Member Coppage moved, seconded by Council Member McKeag, the resolution causing the vacation of Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets.  The following resolution postponing action on the vacation of Eastman Avenue was then offered by Council Member Coppage and seconded by Council Member McKeag: 

 

WHEREAS, a public hearing was held on Monday, September 11, 2000, for the purpose of considering the request to vacate Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets; now therefore

RESOLVED, that action on the request to vacate Eastman Avenue is hereby postponed until October 9, 2000, at 7:00 p.m.   (Motion adopted.)

 

Zoning Petition No. 463

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 463 – rezoning property bounded by Eastman Avenue, Larkin Street and Ripley Street from Office-Service 1 to Business B-2.  A public hearing opened at 7:16 p.m., no comments were made, the hearing closed at 7:17 p.m.  Council Member Coppage moved, seconded by Council Member McKeag, the ordinance amendment to rezone property bounded by Eastman Avenue, Larkin Street and Ripley Street - Zoning Petition No. 463.  The following resolution postponing action on Zoning Petition No. 463 was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, a public hearing was held on Monday, September 11, 2000, for the purpose of considering Zoning Petition No. 463 – rezoning property bounded by Eastman Avenue, Larkin Street and Ripley Street from Office-Service 1 to Business B-2; now therefore

RESOLVED, that action on Zoning Petition No. 463 is hereby postponed until September 25, 2000, at 7:00 p.m.  (Motion adopted.)

 

Mayor Pro-tem Wazbinski returned the gavel to Mayor Black.

 

Zoning Petition No. 462

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 462 – rezoning property on the southeast corner of Washington Street and Eastlawn Drive from Office-Service 2 to Business B-2.  A public hearing opened at 8:04 p.m.  Thomas C. Shearer, attorney for Midland Ford, spoke in support of the requested rezoning.  James Wilson, owner of Midland Ford and Richard McCreadie, 2700 Washington Avenue, also voiced their support of the rezoning.  The hearing closed at 8:25 p.m.  Council Member McKeag moved, seconded by Council Member Coppage, the ordinance amendment to rezone property on the southwest corner of Washington Street and Eastlawn Drive – Zoning Petition No. 462.   The following resolution postponing action on Zoning Petition No. 462 was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, a public hearing was held on Monday, September 11, 2000, for the purpose of considering Zoning Petition No. 462 – rezoning property on the southeast corner of Washington Street and Eastlawn Drive from Office-Service 2 to Business B-2; now therefore

RESOLVED, that action on Zoning Petition No. 462 is hereby postponed until October 9, 2000, at 7:00 p.m.   (Motion adopted.)

 

Zoning Petition No. 466

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 466 – rezoning property on the east side of Chippewa River Road south of Isabella Street from Business B-2 to Residential A-1.  A public hearing was opened at 9:00 p.m.  Kelly and Troy Marr, 1948 E. Chippewa River Road, petitioners of the zoning, spoke in support of the rezoning.  Harold Riggie, 152 N. Homer Road, owner of property just north of the Marr property, opposed the rezoning and suggested Mr. Marr be given a variance.  Susan Pataky, 1978 E. Chippewa River Road, spoke in support of the rezoning.  The hearing closed at 9:11 p.m.  The following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

ORDINANCE NO. 1486

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 A BUSINESS B-2 ZONING DISTRICT 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 153 feet South of the Northwest Corner of the Northeast 1/4 of the Northeast 1/4 of Section 24, T14N, R1E, City of Midland, Midland County, Michigan; thence East 153 feet, South 60 feet, West 153 feet, North 60 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.  (Ordinance adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Purchase Agreements – 920 Madison & 1116 Currie Parkway – Floodplain Property

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of houses at 920 Madison Street and 1116 Currie Parkway in the City of Midland; and

WHEREAS, an agreement to purchase the property at 920 Madison was submitted to Mrs. Kathleen Hair, in the amount of eighty-seven thousand ($87,000) dollars and was accepted by Mrs. Hair; and

WHEREAS, an agreement to purchase the property at 1116 Currie Parkway was submitted to Mrs. Ione Anderson, in the amount of seventy-eight thousand ($78,000) dollars and was accepted by Mrs. Anderson; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute said purchase agreements and the purchases are authorized using funds from the Floodplain Acquisition Project in the Special Construction Fund.  (Motion adopted.)

 

United Steelworkers of America Local 14009 – Labor Contract

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the United Steelworkers of America Local 14009, for a successor labor contract effective July 1, 1999 and expiring June 30, 2005; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion adopted.)

 

Midland Township Water Service Agreement – First Amendment

Jack Duso, Assistant City Manager, presented information on a request from Midland Township that would allow Midland Township to provide water service to Homer Township properties located adjacent to Midland Township water mains in the Badour Road right-of-way.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

RESOLVED, that the first amendment to the water service agreement between the City of Midland and Midland Township is hereby approved and the Mayor and City Clerk are hereby authorized to execute said amendment.  (Motion adopted.)

 

Center for Independent Living – Non-profit Organization Recognition

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the request from Center for Independent Living of Mid-Michigan of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a gaming license or registration be considered for     approval.  (Motion adopted.)

 

Liquor License Transfer – Levi’s of Midland, Inc.

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the request from LEVI’s OF MIDLAND, INC. to transfer ownership of 1999 Class C licensed business with Dance-Entertainment Permit, located in escrow at 2929 S. Saginaw, Midland, MI  48640, Midland County, from BRISSON, L.L.C.; with licenses to be held in escrow be considered for approval.

It is the consensus of this legislative body that the application be recommended for issuance.  (Motion adopted.)

 

2001 City Council Meeting Dates

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2001 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            January 8 and 29                                           February 12 and 19

            March 5 and 19                                              April 9 and 23

            May 7 and 21                                                 June 11 and 25

            July 9 and 23                                                 August 13 and 27

            September 10 and 17                                            October 8 and 22

            November 12 and 19                                      December 3 and 17

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion adopted.)

 

Sanitary Sewer Basis of Design Report

Noel Bush, Director of Utilities, introduced Roger Memmer, Design Engineer, from the firm of Ayres, Lewis, Norris & May, Inc. (ALNM).  Ayres, Lewis, Norris & May, Inc. was retained by the City of Midland to complete a design basis report and detailed contract bid document for proposed sanitary sewer collection system improvements recommended in the Hubbell, Roth & Clark (HRC) Phase 3 report.  Mr. Memmer gave a brief overview of the ALNM design basis report.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the consulting engineering firm, Hubbell Roth & Clark (HRC) completed a Phase 3 conceptual design for sanitary sewer improvements, which was subsequently approved by City voters in February of 2000; and

WHEREAS, the City of Midland retained the services of Rama Rao & Alfred, Inc. of Detroit, Michigan to provide value engineering services for the sanitary sewer improvements; and

WHEREAS, the City retained the services of Ayres, Lewis, Norris & May, Inc. of Ann Arbor, Michigan to provide the Design Engineering for the sanitary sewer improvements; and

WHEREAS, the City Council authorized the design engineers to proceed with the Basis of Design and Final Design Engineering after a public hearing was conducted on July 17, 2000 to hear comments on the value engineer's recommended changes to the conceptual design; and

WHEREAS, the design engineers have completed the Basis of Design for the sanitary sewer; now therefore

RESOLVED, that the City Council hereby receives the Design Basis report for the sanitary sewer improvements and authorizes the design engineers to proceed with the Final Design Engineering.  (Motion adopted.)

 

Sturgeon Creek Drainage Basin Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the Midland Conservation District has requested the City's support for its grant application to study the Sturgeon Creek drainage basin; and

WHEREAS, City staff have reviewed the project application and concur that it is in the best interest of the City to participate in the project and offer financial assistance of $7,500 to be applied towards the hydrological analysis costs; now therefore

RESOLVED, that the City Council hereby supports the Sturgeon Creek Drainage Basin Assessment Project, and directs the City Manager to issue a letter of support for the project and offer financial support for the hydrological analysis in the amount of $7,500 from the Storm Water Management Fund.  (Motion adopted.)

 

2000 Miscellaneous Utility Extensions; Contract No. 19 – Change Order No. 3

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, on May 15, 2000, City Council awarded a contract to Johnston Contracting, Inc. of Midland, Michigan for the 2000 Miscellaneous Utility Extensions; Contract No. 19 for the extension and replacement of sewers and the extension of a water main at various locations throughout the City of Midland; and

WHEREAS, the sanitary sewer and pavement surface on Cronkright Street from Indian Street to Grove Street are being replaced as part of said contract; and

WHEREAS, the concrete curbs and driveway approaches are in poor condition and should be replaced as part of this project prior to replacement of the pavement; and

WHEREAS, the cost to replace said curbs and driveway approaches is $11,963.00; and

WHEREAS, sufficient funding is available in the Local Street Fund to cover this expenditure; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 3 to the 2000 Miscellaneous Utility Extensions; Contract No. 19, in the amount of $11,963.00.  (Motion adopted.)

 

Time Extension – Sidewalk on North Side of Colorado Court

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the 2000 Sidewalk Improvement Program includes the installation of a sidewalk on the north side of Colorado Court from Walsh Street to the end of the court; and

WHEREAS, the City Council accepted Sidewalk Construction Agreements from four (4) property owners on July 17, 2000 allowing them to install their own sidewalks, with the stipulation that the walks be completed by August 31, 2000; and

WHEREAS, a Sidewalk Construction Agreement was accepted from Steven N. Rapanos for Parcel Code Number 14-15-40-284 on Colorado Court; and

WHEREAS, the sidewalk at this location is not yet completed and a letter was received from Michael J. Rapanos requesting a time extension until November 1, 2000 to complete the sidewalk at said parcel; now therefore

RESOLVED, that the City Council hereby grants an extension to the Sidewalk Construction Agreement until November 1, 2000 for the installation of the sidewalk at Parcel Code Number 14-15-40-284 on Colorado Court.  (Motion adopted.)

 

MDOT Contract No. 00-5297 – Pavement Overlay on Highway US-10 Bridge

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, a proposed Contract No. 00-5297 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for overlaying the Highway US-10 Bridge over the Sturgeon Creek with new bituminous pavement; and

WHEREAS, the proposed shares of cost for the project are $267,800 from Federal Aid, $54,200 from Michigan Department of Transportation and $5,200 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. 00-5297 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 

2000 Wackerly Street Reconstruction; Contract No. 3

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Wackerly Street from Stark Road to Sturgeon Avenue; and

WHEREAS, funding for this project is provided by the Major Street Fund (Project No. MS0106); now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2000 Wackerly Street Reconstruction; Contract No. 3", in the indicated amount of $328,559.25, 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 change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

MDOT Contract No. 2000-0414 – Two New Dial-A-Ride Buses

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland has requested replacement of two buses in the Dial-A-Ride fleet as part of the annual state application for operating assistance; and

WHEREAS, the State of Michigan Department of Transportation has approved said requests and has acquired the necessary funding for the purchases of these replacement buses; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute Contract No. 2000-0414 with the Michigan Department of Transportation in the amount of $131,489 for the purchase of one 14+2 passenger bus with a wheelchair lift and one 10+2 passenger bus with a wheelchair lift; and

RESOLVED FURTHER; that the purchase of the buses through the State of Michigan Extended Purchasing Program is hereby authorized; and

RESOLVED FURTHER; that, after the new replacement buses are put into service, the old buses shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for Dial-A-Ride operational expenses.  (Motion adopted.)

 

2000 Landfill Paving & Compost Pad; Contract No. 21

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, sealed bids for the 2000 Midland Landfill Paving & Compost Pad, Contract 21, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in Landfill Fund account #517-9120-912-97.15 - Capital Outlay/Land Improvements; now therefore,

RESOLVED, that the low qualifying bid proposal submitted by Midland Contracting, of Carrollton, Michigan in the amount of $218,650 is hereby accepted and authorization is given to the Mayor and City Clerk to execute the contract approved by the City; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

C.H.O.I.C.E. Homes Construction – Hillside Subdivision

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City has solicited and received sealed bids in accord with City Ordinance 2-18 for the construction of seven (7) CHOICE houses in the Hillside Subdivision; and

WHEREAS, upon completion of construction, the houses will be sold through the CHOICE Program using criteria previously established by the City; and

WHEREAS, funding for this construction will be taken from the Housing Commission Revolving fund; now therefore

RESOLVED, that City Council approves the award to Weckesser Builders in the amount of $505,900 and authorizes the Purchasing Agent to issue a purchase order for the construction of the CHOICE houses.  (Motion adopted.)

 

NEW BUSINESS

Council directed Karl Tomion, City Manager, to initiate a HAY salary study for the Midland City Attorney’s position.

 

Being no further business the meeting adjourned at 9:50 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk