June 10, 2002

 

A regular meeting of the City Council was held on Monday, June 10, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Wazbinski opened the meeting.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black (arrived at 7:34 p.m.), Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the May 20, 2002 regular and May 29, 2002 special meetings was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

2002 Lee Sanitary Sewer, Water Main and Street Improvement Special Assessment Rolls

Roger Elbers, Deputy City Assessor, presented information on the 2002 Lee Sanitary Sewer Improvement, 2002 Lee Water Main Improvement, and 2002 Lee Street Improvement Special Assessment Districts Special Assessment Rolls.  Public hearings were conducted and the following three resolutions were presented for consideration.

 

2002 Lee Sanitary Sewer Improvement Special Assessment Roll

A public hearing opened at 7:06 p.m., no comments were made, the hearing closed at 7:07 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "2002 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $75,613.65 and that the total estimated cost of said improvements is $89,000.00, and the City at large cost is $13,386.35; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Lee Water Main Improvement Special Assessment Roll

A public hearing opened at 7:08 p.m., no comments were made, the hearing closed at 7:09 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main improvements on the "2002 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $36,178.71 and that the total estimated cost of said improvements is $38,000.00, and the City at large cost is $1,821.29; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Lee Street Improvement Special Assessment Roll

A public hearing opened at 7:10 p.m., no comments were made, the hearing closed at 7:11 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain street improvements on the "2002 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $160,642.54 and that the total estimated cost of said improvements is $186,000.00, and the City at large cost is $25,357.46 and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

Ordinance No. 1536 (Zoning Petition No. 491)

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 491 – rezoning property at the southeast corner of Natalie Street and Natalie Court from Business B-2 to Residential A-4.  A public hearing was opened at 7:16 p.m., no comments were made, the hearing closed at 7:17 p.m.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1536

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 WHERE A BUSINESS B-2 ZONING PRESENTLY EXISTS.


The City of Midland Ordains:

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

The south 66.20 feet of a parcel of land described as a parcel of land remaining in Outlot A of Idle Acres lying south of Natalie Street as platted in Idle Acres Estates part of Outlot A of Idle Acres, part of the east ½, southeast ¼, southwest ¼, Section 5, T14N-R2E, City of Midland, Midland County, Michigan, as recorded in Liber B Page 50 of the Midland County records, described as beginning at the southeast corner of said Outlot A, which is 01 deg 20 min 20 sec east, 208.71 feet along the north and south ¼ line from the south ¼ corner of said section 5, thence north 01 deg 20 min 20 sec east.  147.34 feet along said north and south ¼ line; thence n 88 deg 01 min 22 sec west, 59.86 feet along the south right of way line of Natalie Street as platted in Idle Acres Estates, as recorded in Liber N of Plats on pages 1, 2 and 3 of the Midland County records; thence along a 160.00 feet radius curve to the right, having a central angle of 44 deg 24 min 55 sec and a long chord bearing and distance of north 65 deg 48 min 54 sec west, 120.95 feet along said south right of way line; thence along a 50.00 feet radius curve to the left, having a central angle of 44 deg 24 min 55 sec and a long chord bearing distance of north 65 deg 48 min 55 sec west, 37.80 feet along said south right of way lines; thence south 02 deg 01 min 30 sec west, 206.76 feet, thence south 87 deg 52 min 00 sec east, 208,71 ft, along the south line of said outlot A to the point of beginning.  Containing 0.78 acres and being subject to any easement of record.

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

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.)

 

Ordinance No. 1537 (Zoning Petition No. 490)

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 490 – rezoning property at 2101/2107 Bay City Road from Business C to Industrial A.  A public hearing was opened at 7:25 p.m.  Alexander Irigoyen, petitioner for the rezoning, spoke in support of the petition.  The hearing closed at 7:27 p.m.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. 1537

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 AN INDUSTRIAL A ZONING WHERE A BUSINESS C 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:

Beginning 33 feet East and 50 feet North of Southwest corner of Southeast ¼ of Northwest ¼ of Section 23, North 180 feet, East 120 feet, South 180 feet, West 120 feet to beginning.

be, and the same is hereby changed to Industrial A.

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.)

 

Mayor Black arrived at 7:34 p.m. and was handed the gavel.

 


 

 

Vacation of Walkway (Virginia and Carolina Street)

Jon Lynch, Director of Planning and Community Development, presented information on a request to vacate a public walkway between 2218 and 2302 Virginia Street and 2217 and 2221 Carolina Street.  A public hearing was opened at 7:39 p.m.  James Wesolowski, 2305 Virginia Street and David Emeott, 2218 Virginia Street, spoke in support of the vacation.  The hearing closed at 7:41 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Midland City Council, acting upon the request of David Dawson, David Emeott, Phillip Leigeb and Tyler Steinka to vacate the public walkway between 2218 / 2302 Virginia Street and 2217 / 2221 Carolina Street, referred the matter to the Midland City Planning Commission for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending that 10’ wide walkway be vacated but that an easement for future public utilities in the area is retained; now therefore

RESOLVED, that the Midland City Council determines that the public walkway between 2218/2302 Virginia Street and 2217/2221 Carolina Street shall be vacated and the easement be retained for future public utilities; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion adopted.)

 

Sidewalks on Hemlock Street

Jon Lynch, Director of Planning and Community Development, presented information on the placement of sidewalks on Hemlock Street using CDBG funds.  A public hearing was opened at 7:54 p.m.  Jennifer Witkop, 304 Hemlock Street, spoke in opposition to the placement of sidewalks on Hemlock Street, citing security reasons.  The hearing closed at 7:58 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, $30,000 has been budgeted from federal Community Development Block Grant (CDBG) funds for fiscal year 2001-02 for the installation of sidewalks along both sides of Hemlock Street, south of Bay City Road to the end of the street; and

WHEREAS, this area of the city is eligible for CDBG area-wide benefits; and

WHEREAS, a public hearing was held by the City Council on June 10, 2002, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council for the installation of said sidewalks; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sidewalks, as described above, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland; and

RESOLVED FURTHER, that the cost of the proposed sidewalks shall come from Community Development Block Grant funds.  (Motion adopted.)

 

PUBLIC COMMENTS

Jake Duggar, 3209 Avon, read a letter written by Randy Baker regarding the building of more unisex bathrooms in public parks.  Faye Wood, 3501 Bay City Road, read a letter urging Council to consider the placement of ramp access on specific sidewalks, which included the northwest curb of Koerner Court, Jones Court and Campau Street.

 

 

 

Subdivision Control Ordinance Amendment

Jon Lynch, Director of Planning and Community Development, presented information on the second reading of an amendment to the Subdivision Control Ordinance.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

ORDINANCE NO. 1538

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 23-90 OF ARTICLE VII, OF CHAPTER 23 THEREOF.

The City of Midland Ordains:

Section 1.  Section 23-90 of Article VII of Chapter 23 of the Code of Ordinances is hereby amended to read as follows:

Section 23-90. Land Division.

(a)   The division of any land, whether unplatted or a part of a recorded plat, is prohibited unless approved by the planning director, or his designee, following completion of an application provided by the city planning department. The application shall be filed with the city planning department, and shall include the requested particular information for the proposed division. 

       The division shall not create a land parcel which is not in accord with the minimum lot area and dimension standards for the zoning classification. The division of any unplatted land or platted lot which results in a smaller area than required by the zoning classification may be permitted only for the purpose of adding to an existing parcel or lot.  No parcel or lot, whether reduced as a result of the division or combined with another parcel or lot, shall be less than the minimum lot area and dimension standards for the zoning classification. 

       The division of platted or unplatted land into more parcels than authorized as an exempt division, division, bonus division, re-division in P.A. 288 of 1967, as amended, (being the Michigan Land Division Act, M.C.L. 560.101 et. seq.) shall not be permitted.

(b)  No building permit shall be issued unless the division has been approved in accord with this section.

Section 2.  This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Sewer Ordinance Amendment – 1st Reading

Noel Bush, Director of Utilities, presented information on the first reading of an amendment to the Midland Sewer Rate Ordinance.  Introduction and first reading of the following ordinance to amend Section 28-163, Division 3 – Rates of the City of Midland Sewer Ordinance was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 RATES, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 Rates, of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

ARTICLE III. SEWERS AND SEWAGE DISPOSAL

DIVISION 3. GENERALLY

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:


 

 

Existing

Proposed

Metered Service

Amount

Amount

     5/8" – ¾"

$28.52

 $29.62

1"

37.08

 38.51

1 – ½"

45.64

 47.39

2"

74.16

 77.01

3"

285.20

 296.20

4"

370.76

 385.06

6"

541.88

 562.78

8"

770.04

 799.74

 (2) In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:    $1.22               $1.28

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.  All ordinances and resolutions, or parts of ordinances and resolutions, which conflict with this ordinance, are hereby repealed to the extent of such conflict; provided, however, that this section shall not operate to repeal any provision or any prior ordinance or resolution adopted by the City, the repeal of which would impair the obligation of the City or the System with regard to any outstanding bonds of the City secured by a lien on the net revenues of the System.

Section 3.  Each section of this Ordinance, and every paragraph of each section is hereby declared to be separable and the holding of any section or paragraph thereof to be void, ineffective or unconstitutional for any cause shall not affect any other section or part thereof.

Section 4.    This ordinance shall take effect July 1, 2002.  (Motion adopted.  Considered first reading.)

 

Peace Pole

Martin McGuire, Director of Public Services, presented information on the possible placement of a “Peace Pole” in Chippewassee Park.  The request came from the Midland Interfaith Council for Peace and Justice.  The Parks and Recreation Commission considered the request in September 2001 and unanimously recommended to City Council that the “Peace Pole” be approved.  Since the recommendation, Mr. McGuire received a communication from Glen Woodward, 2309 Parkwood, indicating that the Interfaith Council is a political organization.  Mr. Woodward went on to say that the City of Midland should not be endorsing political groups and using tax dollars and City parks to further the Interfaith Council for Peace and Justice cause.  George Schaller, 1718 Patterson Road, from the Midland Interfaith Council for Peace and Justice, spoke in support of the placement of the “Peace Pole.”  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that approval is hereby given to the Midland Interfaith Council for Peace and Justice to place a “Peace Pole” in Chippewassee Park at a location to be determined between staff and the organizer.  (Motion denied.  Yeas:  None   Nays:  Black, Currie, Griggs, McKeag, Wazbinski)

 

MCTV’s Revised Rules and Procedures

Ron Beacom, Administrative Assistant, MCTV, presented revised rules and procedures for MCTV, as approved by a 4-2 vote by the Cable Access Advisory Commission at its March 13, 2002 meeting.  City staff and the Commission reached consensus on all provisions of the rules with the exception of the appeal procedure under Article III.  Under the proposed appeal procedure recommended by the Commission, the MCTV Coordinator shall make any decisions relative to the application of the rules that a qualified access user believes is contrary to the rules, the access user could appeal the said decision in writing first to the Library Director, second in writing to the Cable Access Advisory Commission, with the final arbiter being the City Council.  After receiving the written appeal, the Cable Access Advisory Commission would hear the appeal within 30 days at their next regularly scheduled meeting or a special meeting convened solely for the purpose of hearing the appeal.  The Commission would then render its decision within 14 days.  City staff is recommending that the access user appeal said decision in writing to the Grace A. Dow Memorial Library Director.  The Library Director is to hear the appeal within fourteen (14) calendar days after it is submitted.   Within seven (7) calendar days after hearing the evidence of any such appeal, the Library Director shall affirm, modify or reverse the decision of the MCTV Coordinator as the Director shall deem best under all circumstances.  Alex Berehula, 4708 Trailwood Circle N, and a member of the Cable Access Advisory Commission and Tom Kenny, 307 Alpine Way, speaking on behalf of the Cable Access Advisory Commission, supported the MCTV Rules and Procedures as proposed by the Cable Access Advisory Commission.  Council Member Currie moved the resolution as proposed by the Cable Access Advisory Commission, seconded by Council Member McKeag.  After a discussion of the proposed MCTV Rules and Regulations, Council Member Currie moved to amend the proposed MCTV Rules and Regulations by replacing Article III – Appeals as proposed by the Cable Access Advisory Commission, with Article III – Appeals as recommended by City Staff.  (Motion to amend the Rules and Regulations was passed by a 5/0 vote.)  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, Section 15-133 of the Code of Ordinances states that the City Council shall establish by resolution such rules and procedures relative to the general administration, control, supervision, and uses of MCTV facilities as shall be deemed necessary and advisable; and

WHEREAS, the task of reviewing the existing rules and procedures was presented to the Cable Access Advisory Commission for its consideration and recommendation to the City Council; and

WHEREAS, on March 13, 2002 the Cable Access Advisory Commission adopted a resolution recommending to the City Council the adoption of proposed rules and procedures for MCTV; now therefore

RESOLVED, that the City Council hereby approves the City of Midland Rules and Regulations for the use of Midland Community Television (MCTV) Public Access Cable Channels and Facilities.  (Motion adopted.)

 

Mayor Black adjourned the meeting for a short break at 9:10 p.m.

 

Mayor Black reconvened the meeting at 9:16 p.m.

 

Cable Access Advisory Commission Report

Ron Beacom, Administrative Assistant, MCTV, presented a report from the Cable Access Advisory Commission on the issue of Ordinance Compliance for MCTV.  Alex Berehula, 4708 Trailwood Circle N, a member of the Cable Access Advisory Commission, spoke in support of the report.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the Cable Access Advisory Commission has submitted a report to the City Council concerning ordinance compliance for MCTV; and

WHEREAS, the City Council requests an opinion from the City Attorney on this report; now therefore

RESOLVED, that the City Council hereby receives and files the Cable Access Advisory Commission report on ordinance compliance as well as the City Attorney’s opinion.  (Motion adopted.)

 

Site Plan No. 213

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 213 for a 24,502 square foot historical museum to be built on 3.6 acres of property located on West Main Street, south of Cook Road.  Gary Skory, Director of Midland County Historical Society in affiliation with the Center for the Arts, spoke in support of the project.  Roger Garner, Emergency Services Director, expressed concerns about building in the flood plain area.  Robert Mesler, 1401 Pheasant Ridge, expressed concerns about safety regarding pedestrians and the rail-trail in that area.  Randy Sherman, Three Rivers Construction and architect for the project, went over the plan.  Council Member Wazbinski moved the resolution, seconded by Council Member McKeag.  After a discussion of the site plan and questions regarding the proposed placement of two sidewalks, Council Member Griggs, seconded by Council Member McKeag, moved to amend the site plan to show placement of a single sidewalk crossing the rail-trail near the westerly end of the building.  The following amended resolution was then presented for consideration:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 213, the request of Three Rivers Construction on behalf of Midland County Historical Society of the Midland Center for the Arts located at West Main Street, South of Cook Road, for site plan review and approval for a 24,502 square foot building on 3.6 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 213 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. 213, contingent upon the following conditions:

1.                 Site lighting shall not be cast off site.

2.                 Pedestrian access to the Pere Marquette Rail-Trail is provided at a single point          located at the westerly end of the site.

3.                 Structure height shall not exceed 28’.

4.                 A storm water retention plan will be approved by the Engineering Department.

5.                 Provisions of Chief Hargarten’s memorandum of May 7, 2002 shall be followed.

(Motion adopted.)

 

July 2002 Tax Levy – Midland Public Schools

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2002; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2002 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 


July 2002 Tax Levy – Midland County Educational Service Agency

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2002; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2002 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

July 2002 Tax Levy – Bay City Public Schools

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2002; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2002 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

July 2002 Tax Levy – Bay-Arenac Intermediate Schools

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2002; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2002 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

July 2002 Tax Levy – Delta College

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2002; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2002 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion adopted.)

 

Employee Assistant Program Contract

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

 

WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for fourteen years; and

WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and

WHEREAS, in accordance with Section 2-l9 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore

RESOLVED, that the proposed contract between the City of Midland and Lona McLuckie, for the annualized value of $36,200.00, effective July l, 2002 through June 30, 2003, for the provision of Employee Assistance Program services, is hereby approved and the Mayor and City Clerk are authorized to execute the final document.  (Motion adopted.)

 


Payment – Court Reporting Services (MCV Tax Appeal)

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of Meadowbrook Court Reporting have been retained on behalf of the City by its contracted legal counsel in connection with the MCV tax appeal trial which began on January 7, 2002; and

WHEREAS, on March 14, 2002, Council authorized payments to Meadowbrook Court Reporting for the aforementioned services in a total amount not to exceed $75,000; and

WHEREAS, sufficient budgetary funding exists within the MCV tax appeal activity of the 2001-2002 General Fund budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived; and

RESOLVED FURTHER, that payment to Meadowbrook Court Reporting for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $150,000.  (Motion adopted.)

 

Library Reference Desk and Companion Shelving

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reference desk and companion shelving at the Grace A. Dow Memorial Library; and

WHEREAS, funding for this project is provided in the 2001/2002 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2582 submitted by Library Design Associates, Inc. for the reference desk and shelving at the Grace A. Dow Memorial Library at a cost of $21,220 is hereby accepted and the necessary purchase order authorized.  (Motion adopted.)

 

MDOT Contract No. 02-5090 (Ashman St. Bridge & Jefferson Bicycle Path over US10)

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

 

WHEREAS, a proposed Contract No. 02-5090 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the resurfacing of the Ashman Street and Jefferson Avenue bridges over US-10 and for the widening of the Jefferson Avenue Bridge with the addition of a pedestrian walkway on the west side of the bridge; and

WHEREAS, the proposed shares of cost for the project are $1,261,900 from Federal Aid, $271,100 from Michigan Department of Transportation and $93,000 from the City of Midland; and

WHEREAS, funding for the City of Midland share will be provided by the Major Street Fund ($43,000) and the General Fund ($10,000); and

WHEREAS, local foundations have pledged $40,000 towards the completion of this project; and

WHEREAS, the City of Midland is desirous of having said bridge decks resurfaced and the widening and addition of a pedestrian walkway on the west side of the Jefferson Avenue bridge over US-10; now therefore

RESOLVED, that the gifts of $10,000 each from the Dow Foundation, Gerstacker Foundation, Strostacker Foundation and Midland Area Community Foundation are hereby accepted; and

RESOLVED FURTHER, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 02-5090 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 

2002 Jefferson Avenue Reconstruction; Contract No. 12

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

 

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 of Jefferson Avenue from Wheeler Street to Wackerly Street; and

WHEREAS, funding for this project is provided by the Major Street Fund (2002-03); now therefore

RESOLVED, that the low sealed proposal submitted by Midland Contracting Company of Carrollton, Michigan, for the "2002 Jefferson Avenue Reconstruction; Contract No. 12", in the indicated amount of $210,087.00, 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.)

 

2002 Perrine & Moorland Reconstruction; Contract No. 19

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

 

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 of Perrine Road from Saginaw Road to Moorland Drive (including water main replacement) and Moorland Drive from Perrine Road to Leeway Street and the removal and replacement of the drainage culverts that carry the open ditches under Perrine Road and Moorland Drive; and

WHEREAS, funding for this project is provided by the Major Street Fund, Local Street Fund, Water Fund and General Fund; and

WHEREAS, insufficient funding exists in the General Fund budget to finance the culvert replacements and excess funds exist in the Major Street Fund from the Jefferson Avenue reconstruction project budget to finance the remaining costs of $77,000 for the culvert replacements; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2002 Perrine & Moorland Reconstruction; Contract No. 19", in the indicated amount of $461,254.00, 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 Finance Director is hereby directed to transfer $77,000 from the Jefferson Avenue reconstruction project into the Perrine Road reconstruction project to finance the shortfall in the culvert replacement portion of this project; 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.)

 

2002 Perrine & Moorland Reconstruction – Inspection Services

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

 

WHEREAS, current staffing levels within the Engineering Department, along with an above normal construction season, require that professional services for construction engineering inspection during the “2002 Perrine & Moorland Reconstruction, Contract No. 19” be obtained from a consultant; and

WHEREAS, normal competitive bidding procedures are waived in accordance with Section 2-18 of City of Midland Code of Ordinances due to rebidding of the inspection services being impractical, and that hourly rates and fees be extended from last years inspection services bidding process, and

WHEREAS, funding for said project is to be provided by the Major Street Fund, Local Street Fund and the Water Fund for said professional services; now therefore

RESOLVED, that the proposal received from RC Engineering, Inc. of Saginaw, Michigan, with an estimated total cost of $28,804.00 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for said services.  (Motion adopted.)

 

2002 Mark Putnam Bridge Rehabilitation

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the complete rehabilitation of the Mark Putnam Bridge, which carries Poseyville Road over the Tittabawassee River; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by J. Slagter & Son Construction, Inc. of Wayland, Michigan, for the "2002 Mark Putnam Bridge Rehabilitation; Contract No. 20", in the indicated amount of $1,610,414.31, 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.)

 

Purchase – Calcium Oxide for Water Treatment Plant

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

 

WHEREAS, sealed bids for the contract of Water Treatment Plant - Calcium Oxide, Bid No. 2581, for the period July 1, 2002 to June 30, 2003, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been requested in the 2002/2003 Water Fund Budget account  #591-8162-811.76-56 Chemicals; now therefore

RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of Chicago Heights, Illinois for the indicated price per ton of  $82.01 for up to 1,250 tons per year, at a total annual contract amount not to exceed $102,512.50, is hereby accepted and a purchase order is authorized.  (Motion adopted.)

 

Purchase – Concrete Crushing

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

 

WHEREAS, sealed bids for Concrete Crushing, Bid No. 2584, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low qualifying bid proposal submitted by Briggs Contracting of Sanford, Michigan in the amount of $5.25 per ton was accepted by City staff; and

WHEREAS, the Administration has reported sufficient funds are available in capital account number 517-8110-811.93-42 Grounds Maintenance; now therefore

RESOLVED, that a purchase order is authorized to Briggs Contracting of Sanford, Michigan in the amount of $26,250.  (Motion adopted.)

 


Acting City Attorney

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

 

RESOLVED, that Stephen E. Durance is hereby appointed as Acting City Attorney during the City Attorney’s absence.  (Motion adopted.)

 

Zoning Petition No. 492

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 15, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on June 14, 2002 and to publish said notice on June 15, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS C ZONING WHERE AN INDUSTRIAL A 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:

Lots 1 and 2 Block C Carpenter and Hines Addition and Northeast ½ of lots 7 and 8 Block

be, and the same is hereby changed to Business C.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.)

 

NEW BUSINESS

Council Member Wazbinski presented a plaque to Council Member McKeag from the Michigan Municipal League on the achievement of his Elected Official Academy Level I Certification.


Closed Session

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

 

RESOLVED, that in accord with Sections 8(c) and 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to discuss strategy in connection with negotiations of collective bargaining agreements and pending tax appeal litigation.  (Motion adopted by a Roll Call Vote.)

 

Being no further business the meeting adjourned to a closed session at 10:22 p.m.

 

______________________________________

            Penny K. Kovacevich, City Clerk