December 18, 2000

 

A regular meeting of the City Council was held on Monday, December 18, 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 December 4, 2000 regular and December 6, 2000 special meetings was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

Special Use Permit No. 9

Council Member Coppage, seconded by Council Member Wazbinski, moved to place Special Use Permit No. 9 back on the table.  Mark Ostgarden, City Planner, reviewed the special use permit submitted by Gill-Roy’s Got-It Hardware Store located at 3128 Jefferson Avenue.  Gill-Roy’s is requesting they be allowed to conduct outdoor sales which includes the sale of bagged items, such as water-softener salt, concrete, sand, soils and mulch, as well as garden supplies and stock such as plants and flowers and a propane sales location where customers’ propane canisters and occasionally RV equipment can be refilled.  A public hearing on Special Use Permit No. 9 was held on December 4, 2000.  At the December 4, 2000 hearing, Kurt Zimmerman, speaking on behalf of Gill-Roy’s Got-It Hardware Store, spoke in favor of the request.  James Garrison, 210 Federal and E. Richard Humburg, Jr., 1100 S. Homer Road, spoke in favor of the fencing but opposed the placement of a propane tank in the area.  At 7:30 p.m., December 18, 2000, Mayor Black opened the floor for additional comments.  Kurt Zimmerman from Gill-Roy’s Got-It Hardware Store submitted additional statistics and use of propane tanks and requested a favorable vote.  James Garrison, 210 Federal, spoke in opposition to the proposed placement of a propane tank at the 3128 Jefferson site. 

Council Member Coppage, seconded by Council Member Wazbinski, moved to amend Special Use Permit No. 9 by prohibiting propane sales at Gill-Roy’s Got-It Hardware Store located at 3128 Jefferson Avenue.  (Motion adopted.  Yeas:  Coppage, Currie, McKeag, Wazbinski   Nays:  Black)

The amended resolution was then offered by Council Member Coppage and seconded by Council Member Wazbinski.  (Motion adopted.)

After further consideration of Special Use Permit No. 9, City Attorney James Branson requested a clarification of Council’s intent on the sale of propane at Gill-Roy’s Got-It Hardware Store.  Council stated it was not their intent to eliminate the sale on exchange of propane tanks at the location.  Council Member Coppage moved, seconded by Council Member Wazbinski, to rescind the approval of Special Use Permit No. 9 as amended.  (Motion adopted.) 

Council Member Wazbinski, seconded by Council Member Coppage, then moved the following resolution:

 

WHEREAS, Kurt Zimmerman, on behalf of Gill-Roy’s Got-It Hardware Store, has submitted a request for a special land use permit review and approval to conduct outdoor sales (including bagged items, such as water-softener salt, concrete, sand, soils, and mulch, as well as garden supplies and stock [plants and flowers] and a propane sales location where customers’ propane canisters, and occasionally RV equipment, can be refilled) along the east side of the building at 3128 Jefferson Avenue; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 27.2(a) of the Zoning Ordinance of the City of Midland on said special use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 27.3 of the Zoning Ordinance of the City of Midland, conditioned on the following:

1.    The location and design of the special use permit, its screening and material, shall be as depicted in Attachment 3 of the staff report (attached).

2.    The propane dispensing station shall have no exposed hoses.

3.    Merchandise shall not be stored higher than the six-foot screen.

4.    All merchandise shall be displayed and/or stored inside the screened area; and

WHEREAS, the City Council held a public hearing on December 4, 2000, and postponed action until the meeting of December 18, 2000; and

WHEREAS, after receiving citizen input regarding the placement of a propane tank, it is Councils desire to prohibit the use of a propane filling station but allow propane sales exchange at Gill-Roy’s Got-It Hardware Store located at 3128 Jefferson Avenue; now therefore

RESOLVED, that the City Council finds the request for the requested special use to be in accord with Section 27.3 of the Zoning Ordinance of the City of Midland, and hereby approves Special Use Permit No. 9, subject to the conditions cited below.

1.   The location and design of the special use permit, its screening and material, shall be as depicted in Attachment 3 of the staff report (attached) with the exception of the placement of a propane tank and dispensing unit.

2.   Placement of a propane tank for dispensing is PROHIBITED.

3.   Merchandise shall not be stored higher than the six-foot screen.

4.  All merchandise shall be displayed and/or stored inside the screened area; and

(Motion adopted.)

 

Site Plan No. 194

Mark Ostgarden, City Planner, presented information on Site Plan No. 194 for Forestridge Condominiums.  Petitioner Richard Miller, 5107 Foxcroft, spoke in favor of Site Plan No. 194.  Council Member Coppage moved, seconded by Council Member McKeag, the original resolution for consideration.  Mayor Black then suggested that condition No. 3 be changed from “A letter of understanding: to “Easement acceptable to staff”.  The following amended resolution changing condition No. 3 to read “Easement acceptable to staff from Bracken Woods regarding the emergency access connection”, was then offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 194, the request of Jerome Schafer, on behalf of Lepta Associates, for site plan review and approval of Forestridge Condominiums, a 68-unit condominium project in 34 buildings on 20.4 acres on the west side of Dublin Avenue north of North Saginaw Road, with the following conditions:

  1. Deeding seven feet of property along Dublin Avenue.
  2. Construction of sidewalk along Dublin Avenue prior to November 1, 2001.  A financial guarantee will be required to ensure the installation.
  3. Easement acceptable to staff from Bracken Woods regarding the emergency access connection.
  4. The property owner will be responsible for maintaining the cross connection and ensuring it is passable all year long.
  5. The property owner will be responsible for costs associated with extending the street to the west property line at the time the extension is required.
  6. An easement for the westerly extension of utilities.
  7. Utility easements for sanitary sewer and water lines.   
  8. Stormwater detention shall be designed and easements provided in accord with City of Midland specifications.
  9. Recording of a master deed for the development.

10.  Gate design must be acceptable to municipality for access for emergency vehicles; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 194, 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. 194, in accord with the drawing dated December 11, 2000, subject to the conditions listed above.  (Motion adopted.)

 

Final Plat of Scenic Estates No. 6

Mark Ostgarden, City Planner, presented information on the Final Plat of Scenic Estates No. 6, a residential subdivision of 23 lots on 12.46 acres south of East Wackerly Street and east of Jefferson Avenue.   The following resolution was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

WHEREAS, the Final Plat of Scenic Estates No. 6 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. 6, 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.)

 

2001-02 Budget Preparation Schedule

Robert Fisher, Director of Fiscal Services, gave an overview of the proposed budget preparation schedule for the fiscal year 2001-02.

 

PUBLIC COMMENTS

Rodney Nelson, 1109 Evamar, commented on the following three issues:

 

Mr. Nelson’s first comment was regarding a letter he submitted in reference to what the flow rates should be in the sewer system.  According to Mr. Nelson, his letter indicated it was important to measure the infusion rate into the sanitary sewers from peripheral lines around houses.  Mr. Nelson requested that the Engineering Department supply data to him regarding the influx rate into the septic system from these peripheral lines.  Mayor Black indicated the data would be supplied. 

 

Mr. Nelson’s second comment was in reference to the proposed bridge across the Tittabawassee River from Sandow Road going north and the development of property along   M-20.  Mr. Nelson suggested that Council appoint an ad hoc committee to look into the development from M-20 going north to Sanford.

 

Mr. Nelson’s third comment was in reference to the decline in the working population.  He urged Council to consider the City’s future demographics.

 

Karl Tomion, City Manager, stated that the bridge across the Tittabawassee River, known as the Sandow/Stark Road Corridor, is part of the Master Thorough-fare Plan.  The biggest issue the City faces on this project is the enormous cost.  The City has been actively pursuing assistance from the state and federal governments to see if they want to participate in the project.  Mr. Tomion indicated even with the recently voted road millage, they are nowhere close to the dollar amount needed for construction of a project of this type. 

 

Annexation from Larkin Township – East Side of Dublin North of Airport Road

Parcel #090-031-300-185

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing at a point 804 feet South of the West ¼ corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 300 feet; thence North 240 feet, more or less, to a point located 748 feet North of the South 1/8 line of said Section 31; thence West 300 feet; thence South to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk.  (Motion adopted.)

 

Annexation from Larkin Township – East Side of Dublin North of Airport Road

Parcel #090-031-300-181 and 090-031-300-451

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing 396 feet East of the West 1/4 corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan; thence East 1634 feet along the East and West  1/4 line; thence South 604.00 feet; thence South 88 degrees 06 minutes 05 seconds West 300.16 feet; thence South 691.62 feet, more or less, to the South 1/8 line of said Section 31; thence West 1430 feet along said South 1/8 line; thence North 748 feet; thence West 300 feet; thence North 229.21 feet; thence East 396 feet; thence North 330 feet to the Place of Beginning.  EXCEPT, commencing 330 feet South of the West ¼ corner of Section 31, T15N, R2E; thence East 396 feet; thence South 165 feet; thence West 396 feet; thence North 165 feet to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk.  (Motion adopted.)

 

Homer Township Water Service Agreement Amendment

Jack Duso, Assistant City Manager, presented information on the first amendment to the water service agreement between the City of Midland and Homer Township.  Rodney Nelson, 1109 Evamar, spoke in favor of the MUGA policy and commended the City of Midland on its cooperation with the surrounding townships.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, on July 29, 1997 the City of Midland and Homer Township entered into a Water Service Agreement in which the City agreed to provide retail water service to Homer Township residents in a portion of Homer Township as stipulated in a defined water service area; and

WHEREAS, said water service agreement also established a 300 connection limit per Township Section for the ten Sections in the water service area for a maximum total number of water service connections limited to 3000; and

WHEREAS, Homer Township desires to expand its water service area to include the balance of the Township and agrees to maintain the 3000 water service connection maximum resulting in a lower density of connections over the entire Township; and

WHEREAS, an amendment to said water service agreement has been prepared that expands the Homer Township water service area and redistributes the 3000 water service connection maximum as specified in Exhibit C in said amendment; now therefore

RESOLVED, that the First Amendment to the Water Service Agreement between the City of Midland and Homer Township is hereby approved and the Mayor and City Clerk are hereby authorized to execute said amendment to the agreement.  (Motion adopted.)

 

Liquor License Transfer (Valley Plaza Resort)

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

 

RESOLVED, that the request from  NAR, INC. to transfer all stock (2000 licensing year) in 2000 B-Hotel licensed business with Dance-Entertainment Permit, located at 5221 Bay City Road, Midland, MI  48642, Midland, County, wherein sole stockholder, Nicolaos A. Rapanos is transferring 27,000 shares of stock to new stockholder, CENTRAL MIDLAND CORP. (Step II)

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

 

Easement to Dow Chemical – Utility Poles & Overhead Wires on City Property

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

 

RESOLVED, that the attached Easement Grant Agreement from the City of Midland to The Dow Chemical Company for the purpose of installing and maintaining seven utility poles and related overhead wires within the existing City Wastewater Treatment Plant property in Section 23, T14N, R2E, City of Midland, Midland County, Michigan is hereby granted and ordered recorded; and

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

 

Barstow Airport Hangar Rentals Lease Agreements – Approval Authority to Manager

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

 

WHEREAS, a report has been received from the City Engineer indicating that the airport hangar rental process should be amended; and

WHEREAS, the City Engineer and City Attorney have reviewed the hangar rental process and recommend that authorization be granted to the City Manager or his designee to approve airport hangar rental lease agreements on behalf of the City Council; now therefore

RESOLVED, that the City Council authorizes the City Manager or his designee to approve airport hangar rental lease agreements on behalf of the City Council and directs the City Attorney to modify the standard airport hangar lease agreement to permit such approvals by the City Manager.  (Motion adopted.)

 

Traffic Control Order No. P-00-08

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

 

RESOLVED, that Traffic Control Order No. P-00-08 filed September 15, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Sugnet Road within 50 feet of the Swede Avenue intersection

is hereby made permanent.  (Motion adopted.)

 


Traffic Control Order No. P-00-10

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

 

RESOLVED, that Traffic Control Order No. P-00-10 filed October 6, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking lot “D”, south of Townsend Street, west of Larkin Street shall have an additional 20 spaces designated as Leased Parking.  By adding the 53 existing parking spaces, a total of 73 spaces will be designated as Leased Parking in lot “D”.

is hereby made permanent.  (Motion adopted.)

 

Re-election of Members to the Joint Building Authority Board of Commissioners

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

 

WHEREAS, the articles of incorporation of the City and County of Midland Joint Building Authority provide that the Authority shall be directed and governed by a Commission of the Authority consisting of three members, one to be elected by the Midland City Council, one to be elected by the Midland County Board of Commissioners, and one to be elected by the joint action of the City Council and the County Board of Commissioners; and

WHEREAS, the four year term of Karl S. Tomion to represent the City of Midland on said Commission is due to expire on January 24, 2001; and

WHEREAS, the four year term of Herbert D. Doan as the jointly elected member of said Commission is due to expire on February 7, 2001; now therefore

RESOLVED, that Karl S. Tomion be and hereby is re-elected to the office of Commissioner of the City and County of Midland Joint Building Authority for a term beginning January 25, 2001 and expiring on January 24, 2005; and

RESOLVED FURTHER, that Herbert D. Doan be and hereby is re-elected to the office of Commissioner of the City and County of Midland Joint Building Authority for a term beginning February 8, 2001, and expiring on February 7, 2005.  (Motion adopted.)

 

Purchase – Oils & Lubricants

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Annual Oils and Lubricants, Bid No. 2435; and

WHEREAS, funding for oil and lubricant supplies is included in an inventory account in the 2000-01 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wolverine Oil & Supply Company of Gladwin, Michigan in the amount of $21,008.74 for a one year period with an option to renew for two years thereafter, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Snake Creek Basin Tree & Brush Removal Contract

Brian McManus, City Engineer, presented information on the purchase of services from Consumers Energy for the clearing of trees and brush from the banks of drainage ditches along the Snake Creek drainage system.  Dennis Hurley, 4104 Berkshire Court and Charles Breed, 4202 Sherwood Court, spoke in opposition to the removal of all the trees.  William Dent, 4100 Berkshire Court, did not believe the drainage was that big of a problem.  Rodney Nelson, 1109 Evamar, urged Council and staff to develop a maintenance strategy before cutting trees.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the clearing of trees and brush from the banks of drainage ditches along the Snake Creek drainage system; and

WHEREAS, funding for this project is provided by the Storm Water Management Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Consumers Energy of Saginaw, Michigan, for the "2000 Ditch Bank Clearing – Phase II; Contract No. 23", in the indicated amount of $120,000.00, 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 change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Sewer Liner Repairs Contract - Wastewater

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

 

WHEREAS, sealed bids for sewer liner repairs, Bid No. 2434, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available in Wastewater account #590-9120-912-97.50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that the bid proposal pricing structure submitted by Liqui-Force Services (USA), Inc. of Romulus, Michigan is hereby accepted and issuance of purchase orders in an aggregate amount not to exceed $50,000 is authorized.  (Motion adopted.)

 

McKay Press, Inc. – IFT Application

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

 

RESOLVED, that an application dated November 29, 2000 was received November 30, 2000 from the McKay Press, 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 within the Expanded McKay Industrial Development District No. 1 relating to new facilities including new machinery and equipment with the facility intended to purchase and install new equipment in the amount of $6,235,133 relating to new facility approval to allow further expansion in the Expanded McKay Industrial Development District No. 1 and 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,

January 8, 2001, at 7:00 p.m., in the Council Chambers at City Hall, 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.)

 

NEW BUSINESS

Council agreed to set a joint meeting with the Parks and Recreation Commission on January 8, 2001, at 6:00 p.m. to discuss fees.

 

Being no further business the meeting adjourned at 10:00 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk