September 25, 2000

 

A regular meeting of the City Council was held on Monday, September 25, 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 September 11, 2000 regular meeting was offered by Council Member Coppage and seconded by Council Member Wazbinski.  (Motion adopted.)

 

US-10/Bay City Road Interchange Detour Update

Selina Tisdale, Community Relations Coordinator, gave a brief overview on the progress of the US-10/Bay City Road Interchange detour.  According to the Department of Transportation demolition of the US-10 bridge carrying traffic to Williams Township is scheduled to take place the second or third week of October.

 

Roller Skating Month

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the month of October, 2000, as ROLLER SKATING MONTH in Midland.  (Motion adopted.)

 

Fire Prevention Week

Daniel Hargarten, Midland City Fire Chief, requested Council proclaim the week of October 8-14, 2000, as Fire Prevention Week in Midland.  During Fire Prevention Week the Midland Fire Department will focus on issues of fire prevention and fire safety and will hold its annual open house on Saturday, October 14, 2000.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 8 - 14, 2000, as FIRE PREVENTION WEEK in Midland.  (Motion adopted.)  Mayor Black then presented Fire Chief Hargarten with the proclamation.

 

Northwood University “Good Neighbors Policy”

Selina Tisdale, Community Relations Coordinator, introduced Dr. Catherine Chen, Provost of Northwood University and Larry Lindsey, Dean of Students at Northwood University, who presented Northwood University’s “Good Neighbor” Policy 2000-2001.

 

Zoning Petition No. 464

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 464 – rezoning property on the north side of West Wackerly Street west of Dublin Avenue from Residential A-1 to Residential A-4.  A public hearing opened at 7:31 p.m.  Keith Nefe, 5507 W. Wackerly, Heather Swincicki, 5506 W. Wackerly and Patrick Larson, 6213 Millbrook Drive, all spoke in opposition to the rezoning.  The hearing closed at 7:45 p.m.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-1 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:  Lots 3 – 12 of Edwards Subdivision,

be, and the same is hereby changed to a Residential A-4 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 denied.  Yeas:  None   Nays:  Black, Coppage, Currie, McKeag, Wazbinski)

 

Zoning Petition No. 465

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 465 – zoning property recently annexed from Larkin Township on the northeast corner of Perrine Road and Letts Street to Residential A-4.  A public hearing opened at 7:55 p.m., no comments were made, the hearing closed at 7:56 p.m.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1487

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-4 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: A part of Section 31, T15N, R2E, Midland County, Michigan, described as:  The North 1/2 of the Northeast 1/4 of Section 31 lying west of Sturgeon Creek, excepting commencing 1293.31 feet West of the North 1/8 corner on the East Section line; thence North 41° 37’ West 111.31 feet, South 78° 12’ West 97.24 feet, South 28° 23’ West 71.71 feet, East 203.31 feet to the Point of Beginning,

be, and the same is hereby changed to a Residential A-4 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. 468

Mark Ostgarden, City Planner, presented information on Zoning Petition No. 468 – rezoning property on the east side of Kuipers Drive south of Bay City Road from Residential D to Residential B.  A public hearing opened at 8:00 p.m., no comments were made, the hearing closed at 8:01 p.m.  The following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

ORDINANCE NO. 1488

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 B ZONING CLASSIFICATION WHERE A RESIDENTIAL D 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 at a point which is the intersection of the South 1/8 line and the West right-of-way line of the railroad, said point being South 00° 30’ 49” West, 1317.98 feet along the North-South 1/4 line and South 89° 19’ 48” West, 100.00 feet along the South 1/8 line from the Center of said Section 24, T14N, R2E, City of Midland, Midland County, Michigan; thence North 97 feet; thence West 252.67 feet; thence South 97 feet; thence South 00° 08’ 08” West, 33.82 feet along the East right-of-way line of Kuipers Drive extended; thence South 71° 14’ 35” East, 30.52 feet; thence South 46° 32’ 15” East, 157.08 feet; thence South 71° 45’ 21” East, 46.31 feet; thence South 36° 29’ 58” East, 39.72 feet; thence North 88° 27’ 02” East, 39.74 feet; thence North 00° 30’ 49” East, 199.99 feet along said West railroad right-of-way line to the Point of Beginning,

be, and the same is hereby changed to a Residential B 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

Stephanie Gunderman, 409 Townsend, commented on what she considered as illegal activities at the Grove Street Park.  Ms. Gunderman suggested that the gazebo be torn down and the park be eliminated.  Police Chief James St. Louis stated that the police department will continue to monitor the park and encouraged parents to pay attention to their children’s activities and location.  Kirsten Morin, 4408 Bluebird and Katrina Moody, 2317 Bay-Mid Line Road, both spoke in support of the gazebo and Grove Park.

 

Zoning Petition 463

Prior to consideration of Item No. 9, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, disclosed that he represented the Midland Economic Development Council in its efforts to acquire the land bounded by Eastman Avenue, Larkin and Ripley Streets and requested that he be allowed to abstain from discussion and voting on Item No. 9.  Council unanimously agreed to the abstention.  Mayor Pro-tem Wazbinski assumed the chair.  Mark Ostgarden, City Planner, presented information on Zoning Petition No. 463 – rezoning property bounded by Eastman Avenue, Larkin and Ripley Streets from Office Service 1 to Business B-2.  A public hearing on Zoning Petition No. 463 was held on September 11, 2000, at which time Council postponed action on the petition until September 25, 2000, to allow the Midland Economic Development Council to take ownership of the parcels affected.  On September 21, 2000, Council received a request from the Midland Economic Development Council requesting that Zoning Petition No. 463 be postponed indefinitely.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

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

WHEREAS, a request has been received from the Midland Economic Development Council, requesting indefinite postponement of Council action on the proposed rezoning; now therefore

RESOLVED, that action on Zoning Petition No. 463 is hereby postponed indefinitely.  (Motion adopted.  Yeas:  Coppage, Currie, McKeag, Wazbinski     Nays:  None    Abstained:  Black)

 

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

 

Site Plan No. 192 – Midland County Council on Aging Facility

Mark Ostgarden, City Planner, presented information on Site Plan No. 192 for property located southeast of the intersection of North Saginaw Road and Dublin Avenue, adjacent to the Rail-Trail.  Randy Sherman, representing Three Rivers Construction Company, gave a brief overview of the site plan.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 192, the request of Three Rivers Construction, on behalf of the Midland County Council on Aging, for site plan review and approval of a 36,500 square foot administrative, adult day care, Meals on Wheels, dining, and conference facility on 5.67 acres southeast of the intersection of North Saginaw Road and Dublin Avenue, adjacent to the Rail-Trail, conditioned upon the installation of a 100-foot taper along North Saginaw Road, and conditioned upon the modification of the driveway to Dublin Avenue to create a 90-degree driveway intersection with Dublin Avenue; and

WHEREAS, a revised site plan incorporating the conditions of the Planning Commission has been received; and

WHEREAS, the City Council has reviewed this proposed Site Plan No. 192, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 192, in accord with the drawing dated September 21, 2000.  (Motion adopted.)

 

Third Sheet of Ice at Civic Arena

Paula Speese, Assistant Director of Public Services, gave a brief overview of ongoing negotiations with Fast Ice, Inc. regarding the Civic Arena.  On August 28, 2000, Council approved a land lease agreement with Fast Ice, Inc. contingent upon negotiations of an operating agreement.  As of September 22, 2000, the City of Midland and Fast Ice, Inc. have not been able to resolve issues soon enough to proceed with the construction of a temporary facility this fiscal year.  Therefore, city staff is recommending that the resolution of August 28, 2000, approving the lease be rescinded.  Paul Wright, President of Fast Ice, Inc., stated he believed that temporary ice is needed, but they were unable to meet to negotiate because of conflicting schedules.  Mr. Wright supported the recommendation on advertising revenue and recommended the City wait to update locker rooms until other issues can be resolved.  Leroy Laeder, 1320 George and Dorothy Lengerman, 405 E. Nelson, spoke in opposition to a dome being built at the Midland Civic Arena for the third sheet of ice.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland has entered into negotiations with Fast Ice, Inc. to construct a third sheet of ice at the Midland Civic Arena; and

WHEREAS, as part of these negotiations the City and Fast Ice reached a proposed land lease contingent upon the negotiation of a satisfactory operating agreement; and

WHEREAS, Fast Ice and the City have not been able to resolve this agreement quickly enough to permit them to proceed with construction of the facility this fall; and

WHEREAS, at the public hearing on this matter the City Council received criticisms concerning its policies concerning the rental of the Civic Arena for non-ice purposes; now therefore

RESOLVED, that the City Council hereby rescinds its August 28 resolution approving the land lease; and

RESOLVED FURTHER, that the City staff is authorized to continue negotiations with Fast Ice for the proposed construction of a temporary third sheet of ice in 2001 and the related sharing of advertising revenues; and

RESOLVED FURTHER, that the City Council hereby requests that the Parks and Recreation Commission review the City’s non-ice rentals to organizations whose non-ice use of the facility far exceeds its parking requirements.  (Motion adopted.)

 

Easement Grant Agreements – Sanitary Sewer (North Side of Patrick Road East of Waldo)

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

 

RESOLVED, that the attached Easement Grant Agreements from Dorinco Reinsurance Company and Virginia H. Gohrband to the City of Midland, for the installation of a new sanitary sewer on the north side of Patrick Road from Waldo Road to 600 feet east then north 340 feet, in Section 13, T. 14 N., R. 2 E., are hereby accepted and that the easements are ordered recorded.  (Motion adopted.)

 

Traffic Control Order No. S-00-04

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

 

RESOLVED, that Traffic Control Order No. S-00-04 filed July 6, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That East Chapel Lane shall stop for Stillmeadow Lane and Burning Bush Lane, and Stillmeadow Lane and Burning Bush Lane shall stop for East Chapel Lane

(4-way stop).

is hereby made permanent.  (Motion adopted.)

 

Local 12075 Request to Place Portable Restrooms in Public Right of Way (MMMC)

Prior to consideration of Item No. 14, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, disclosed his law firm represents the MidMichigan Medical Center in normal corporate activities and in some litigation matters.  Mayor Black requested that he be allowed to abstain from discussion and voting on Item No. 14.  Council unanimously agreed to the abstention.  Mayor Pro-tem Wazbinski assumed the Chair.  City Manager Karl Tomion disclosed that he serves on the Corporate Board and Personnel Committee for the MidMichigan Medical Center.  James St. Louis, City of Midland Police Chief, presented information to Council regarding a request from Local 12075 of the United Steel Workers of America to use the public right-of-way on Saginaw Road, Sugnet Road and Orchard Drive.  Craig Campbell, representing Local 12075, requested that the resolution be amended to add shelters along with portable restrooms on the public right-of-way.  Thomas Lind, representing MidMichigan Medical Center, voiced his concern about the placement and number of portable restrooms on the public right-of-way.  Craig Campbell indicated the Local would comply with all City of Midland placement recommendations. 

Council Member Coppage moved, seconded by Council Member McKeag the original resolution granting permission to United Steel Workers of America Local 12075 to place portable restrooms on public rights-of-way.  Council Member Coppage moved, seconded by Council Member Currie, to amend the resolution by adding “windbreaks” on the public right-of-way.  (Amendment approved by a 4/0 yea vote with 1 abstention.)  Council Member Coppage moved, seconded by Council Member Currie, a second amendment that added, “the design of windbreaks must be approved by the Traffic Engineer and Police Chief prior to placement”.  The following amended resolution was then offered:

 

RESOLVED, that under the provision of Section 22-1 of the Code of Ordinances, permission is hereby granted to Local 12075 of the United Steelworkers of America to place portable restrooms and windbreaks on the public right-of-way of Saginaw Road, Sugnet Road, and Orchard Drive, at least 100 feet from either side of the emergency entrance on Orchard Drive and Sugnet Road adjacent to the MidMichigan Medical Center for the duration of the strike subject to placement which does not interfere with visibility and safe movement of vehicles as determined by the Traffic Engineer and Police Chief; and

RESOLVED FURTHER, that the design of windbreaks must be approved by the Traffic Engineer and Police Chief prior to placement.  (Motion adopted.  Yeas:  Coppage, Currie, McKeag, Wazbinski     Nays:  None    Abstained:  Black)

 

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

 

Behavioral Safety Consulting Services Agreement

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

 

WHEREAS, the City of Midland is committed to promoting the safety and health of City employees through the ongoing development of the City safety program; and

WHEREAS, in order to continue to make progress in the safety program, it is recommended by the Employee Health and Safety Action Committee and the Human Resources Department that the City safety program include a behavioral safety component due to the success that many other worksites are experiencing with this approach; and

WHEREAS, Divaker, Ltd. has the expertise and tools that the Employee Health and Safety Action Committee deems to be most suitable to our operational and program needs; and

WHEREAS, the City Attorney has reviewed and approved the agreement with Divaker, Ltd. for its legal soundness; and

WHEREAS, these services are deemed to be professional services in accordance with Section 2-19 of the Code of Ordinances, and do not require a competitive bid process; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with Divaker, Ltd. for behavioral safety assessment and training services for a fee not to exceed $35,000.  (Motion adopted.)

 

Vegetative Cover & Topsoil Placement Contract - Landfill

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

 

WHEREAS, sealed bids for the Vegetative Cover and Topsoil Placement, Landfill Cells 1-13, Bid #2427 have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has reported sufficient funds are available in aggregate between project LF9902 - Cells 1-13 Closure and Landfill account #517-9120-912-97.15 - Land Improvements; now therefore,

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $140,345.00 from Landfill account #517-9120-912-97.15 - Land Improvements into Project LF9902 Cells 1-13 Closure; and

RESOLVED FURTHER, that the low qualifying bid proposal submitted by William E. Lang, Inc., of Beaverton, Michigan in the amount of $462,544 is hereby accepted and execution of the contract as approved by the City Attorney, is authorized; 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.)

 

Gatehouse Facility Contract - Landfill

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

 

WHEREAS, sealed bids for Landfill Gatehouse Facility, Bid No. 2371, 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 Project LF0003 by including budget transfers from Project LF0002, Account #517-9120-912.97-20, Account #517-9120-912.97-25, and Account #517-8990-941.95-41; now therefore,

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer funds into Project LF0003 Gatehouse Facility from Project LF0002-Roadway paving ($30,000), Landfill accounts #517-9120-912.97-25 - Scat ($90,000), #517-9120-912.97-20 - Gatehouse ($50,000), and #517-8990-941.95-41 - Contingency ($21,982); and

RESOLVED FURTHER, that the low qualifying bid proposal submitted by RCL Construction Company, Inc. of Sanford, Michigan in the amount of $422,140 is hereby accepted and authorization is given to the Mayor and City Clerk to execute the contract as approved by the City Attorney; 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.)

 

NEW BUSINESS

Council Member Wazbinski recognized Ken Brooke, the main cameraman for Council meetings, who was recently honored at MCTV Honors Night and Dave Kasper and William Fagley who both received the MCTV Community Award.

 

Being no further business the meeting adjourned at 9:52 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk