September 17, 2001

 

A regular meeting of the City Council was held on Monday, September 17, 2001, 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 15 and 20, 2001 special and September 10, 2001 regular meetings was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

Activities Report – Midland Economic Development Council

Selina Tisdale, Community Relations Coordinator, introduced Jenee Velasquez, Executive Director of the Midland Economic Development Council.  Ms. Velasquez presented an annual report on the activities of the Midland Economic Development Council.

 

Fire Prevention Week

Fire Chief Daniel Hargarten requested Council proclaim the week of October 7 – 13, 2001 as Fire Prevention Week in Midland.  During the month of October the Fire Department will be visiting many schools and conducting tours of the Haley Street fire station.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 7 – 13, 2001, as FIRE PREVENTION WEEK in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Chief Hargarten.

 

PUBLIC COMMENTS

No comments were made.

 

Ordinance – Establishing Term Limits for Parks and Recreation Commission Members

James Branson, City Attorney, presented information on a proposed ordinance amendment that would establish term limits of the members of the Parks and Recreation Commission.  Action on the proposed amendment was postponed at the September 10, 2001 Council meeting until the September 17, 2001 Council meeting.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 17-3 OF ARTICLE I OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.        Section 17-3 is hereby amended to read as follows:

Sec. 17-3.  Same -- Term of office; appointment.

                                     Commissioners of the parks and recreation commission shall be appointed by the city council for a term of three (3) years commencing July 1, 1947, with vacancies occurring each year except, that for the first appointment, two (2) members shall be appointed for three (3) years, two (2) members for two (2) years and one (1) member for one year.  Additional Exception:  For the two members whose terms begin July 1, 2001 as a result of expanding the parks and recreation commission to nine members, one (1) member shall be appointed for a three (3) year term and one (1) member shall be appointed for a two (2) year term.  Commissioners may be appointed for not more than two (2) consecutive three (3) year terms that commence on July 1 and terminate on June 30.  A partial term shall not be considered in the calculation of consecutive terms for either commissioner serving a portion of the three (3) year term. A commissioner who has served two (2) consecutive three (3) year terms is eligible to fill a vacated position on the commission whenever a vacancy occurs subsequent to the appointment of the position vacated and is eligible to be appointed for another two (2) consecutive three (3) year terms.   A commissioner who has served two (2) consecutive three (3) year terms is also eligible for appointment to the commission for another two (2) consecutive three (3) year terms after any break in service caused by resignation or not being reappointed to another term. 

                                     For purposes of determining term limits for commission members serving as of July 1, 2001 the number of consecutive three (3) year terms served shall be considered in the calculation of term limits.

           Section 2.         This ordinance shall take effect upon publication.  (Ordinance denied.  Yeas:  Coppage   Nays:  Black, Currie, McKeag, Wazbinski)

 

Reflective Address Signs – Placement and Violations

James Branson, City Attorney, presented information on two proposed ordinance amendments, an amendment to Section 22-2 of Article I of Chapter 22 of the Code of Ordinances that would provide for proper placement of reflective address signs and an amendment to Section 34-5 of Chapter 34 of the Code of Ordinances that would add Section 22-2 of Article I of Chapter 22 to the municipal civil infraction section.  The following two ordinances were then presented for consideration.

 

Reflective Address Sign Placement – Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amending Section 22-2 of Article I was offered by Council Member McKeag and seconded by Council Member Coppage:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 22-2 of Article I of Chapter 22 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 22-2 is hereby amended as follows:

Sec. 22-2.  Signs, posters, etc., in or on public right-of-way.

1)           It shall be unlawful to print, paint, place, install or otherwise affix any sign, poster or advertisement upon the pavement or sidewalk, or in the outlawn or parkway area adjacent to any public street or right-of-way, or upon any post, tree or other object located on any public street or right-of-way in the city.  However, the city council may, by resolution, authorize the placing of signs, posters or advertisements in such places, when, in the opinion of the city council, such signs, posters or advertisements are of public or civic interest.  For purposes of this section, the phrase “public or civic interest” includes real estate open house and builders’ parade of homes directional signs; provided, however, that real estate open house directional signs shall only be permitted in the public right-of-way for a period of no more than twelve (12) consecutive hours and builders’ parade of homes directional signs shall only be permitted in a public right-of-way no more than four (4) times per calendar year and for a period of no more than seventy-two (72) consecutive hours.  Additionally, real estate open house and builders’ parade of homes directional signs must meet the following requirements:

(1)   The maximum size of each sign shall be six (6) square feet.

(2)   The maximum height of each sign shall be thirty-six (36) inches above the elevation of the crown of the roadway.

(3)   At any given time, no more than one (1) sign will be permitted at any corner of an intersection.

As to any other type of sign determined by the city council to be of public or civic interest, any restrictions on the size, height and number of such signs shall be set forth in the authorizing resolution.

Any sign permitted in a public right-of-way shall not obstruct or otherwise interfere with vehicular or pedestrian traffic. 

2)   Reflective ADDRESS Signs 

a)     reflective ADDRESS signS shall not be attached to any tree in the City’s right-of-way.

b)     reflective ADDRESS signs may be attached to mailboxes and mailbox posts.   This placement is the preferred location.

c)    permanently installed REFLECTIVE ADDRESS signs may be located in the public right-of-way or dedicated public easement, but not closer than two (2) feet from the curb or designated shoulder area.

1)  permanently installed REFLECTIVE ADDRESS Sign posts shall not exceed a dimension of four (4) INCHES by four (4) inches and THE POSTS SHALL not exceed a height of four (4) feet above ground level. 

d)    NoT more than one REFLECTIVE ADDRESS sign designating A residence shall be placed on any single family residential lot OR PUBLIC RIGHT OF WAY ABUTTING A SINGLE family RESIDENTIAL LOT.  PLACEMENT ON CORNER LOTS SHALL BE IN THE right of way AREA ADJACENT TO THE STREET DESIGNATING THE ADDRESS.

e)     REFLECTIVE ADDRESS Signs shall be no LARGER than two (2) square feet in total sign area.

Section 2.   This Ordinance shall take effect February 11, 2002.  (Motion adopted.  Considered first reading.)

 

Reflective Address Sign Placement Violations – Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amending Section 34-5 of Chapter 24 was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(a)   Chapter 8.  Uniform Fire Code.

(b)   The City of Midland Zoning Ordinance.

(c)   Chapter 29.  Stormwater Runoff Regulation and Control.

(d)  Section 22-2 of article i of chapter 22.  sign placement in the city right of way areas.

Section 2.   This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Final Plat of Hearthstone Estates No. 3

Jon Lynch, Director of Planning and Community Development, presented information on the Final Plat of Hearthstone Estates No. 3.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, the Final Plat of Hearthstone Estates No. 3 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 hereby approves the Final Plat of Hearthstone Estates No. 3, 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 Mayor and City Clerk are hereby authorized to execute the said record plat on behalf of the City.  (Motion adopted.)

 

2001 Gerald Court Water Main Replacement; Contract No. 4

The following resolution was offered by Council Member Wazbinski 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 replacement of the water main on Gerald Court from Bay City Road to the end of the court; and

WHEREAS, funding for this project is provided by the Water Fund (Project Number WD0106); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2001 Gerald Court Water Main Replacement; Contract No. 4", in the indicated amount of $22,548.00, 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.)

 

2001 Ashman Force Main Sewer; Contract No. 25, Change Order No. 1

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

 

WHEREAS, on June 11, 2001, City Council awarded a contract to Johnston Contracting, Inc. of Midland, Michigan for the 2001 Ashman Force Main Sewer, Contract No. 25 for the installation of a 16” diameter force main sewer along Ashman Street from Swede Avenue to Waldo Avenue; and

WHEREAS, the original contract included reconstructing the southerly portion of the road pavement over the new sewer trench area; and

WHEREAS, a report has been received from the City Engineer recommending that the remaining bituminous pavement surface on the north side of Ashman Street be removed and the entire width of Ashman Street be resurfaced from Swede Avenue to Waldo Avenue; and

WHEREAS, the summary amount of contract changes increases the project cost by  $121,699.00; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 1 to the 2001 Ashman Force Main Sewer; Contract No. 25, in the amount of $121,699.00.  (Motion adopted.)

 

Purchase – Two Tilt-cab Trucks

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

 

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 Tilt-Cab Dump Trucks, Bid No. 2522; and

WHEREAS, funding for the new trucks in the amount of $64,000 is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Voice Motor Sales of Kalkaska, Michigan in the net amount of $50,968 for the purchase of two tilt-cab dump trucks, including trade-in of city equipment numbers 3-10 and 3-28, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Tandem Axle Truck Tractor

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

 

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 a Tandem Axle Truck Tractor, Bid No. 2523; and

WHEREAS, funding for the new trucks in the amount of $59,234.78 is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the net amount of $59,234.78 for the purchase of a tandem axle truck tractor, including trade-in of city equipment number 3-53, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Snow Plow Truck

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

 

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 a Snow Plow Truck, Bid No. 2521; and

WHEREAS, funding for the new truck in the amount of $70,000.00 is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the net amount of $57,540.50 for the purchase of a snow plow truck, including trade-in of city equipment number 3-86, in accordance with the proposal and city specifications.  (Motion adopted.) 

 

2001 Bogel Drive Improvement Project

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the improvement of a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

               BOGEL DRIVE        from Airport Road to the north line of Bogel’s Urban Subdivision

; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the construction of said street, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

           “2001 BOGEL DRIVE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

                BOGEL DRIVE        from Airport Road to the north line of Bogel’s Urban Subdivision

Lots 16 and 17 of Bogel’s Urban Subdivision in Section 31, T. 15 N., R. 2 E., City of Midland, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base, storm sewers, drainage structures and an all weather surface, and that the total estimated cost and expense thereof is twenty-seven thousand six hundred dollars ($27,600.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be fifteen thousand six hundred fifty dollars ($15,650.00) and that all other costs and expenses of said improvement amounting to eleven thousand nine hundred fifty dollars ($11,950.00) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, October 8, 2001 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

McKay Press, Inc. – Plant Rehabilitation District

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

 

WHEREAS, the City Council on its own initiative, having received a letter for a proposed replacement facility from the McKay Press, Inc. for property located at 215 State Street dated September 7, 2001, which was received by the City Clerk on September 10, 2001, has requested the establishment of a Plant Rehabilitation District as described in said communications 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 incentive 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, a hearing shall be held before the City Council on Monday,

October 8, 2001, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of a Plant Rehabilitation 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 Plant Rehabilitation District.  (Motion adopted.)

 

Being no further business the meeting adjourned at 7:58 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk