February 10, 2003

 

A regular meeting of the City Council was held on Monday, February 10, 2003, 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, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the January 27, 2003 special and regular meetings was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

Walk for Warmth Day

Selina Tisdale, Community Relations Coordinator, introduced Serena Pittman, Emergency Services Coordinator for the Mid-Michigan Community Action Agency, who spoke regarding the request to proclaim February 22, 2003 as Walk for Warmth Day in Midland.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 22, 2003 as Walk for Warmth Day in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Ms. Pittman.

 

Planned Unit Development No. 15 – Carolina Cove Condominiums

Jon Lynch, Director of Planning and Community Development, presented information on a preliminary plan for Carolina Cove Condominiums.  A public hearing was opened at 7:26 p.m.  Clifford Reese, Shiloh Land Development LLC, spoke in support of the project.  William E. Maxwell, Jr., Plymouth, Michigan, and owner of similar units in Midland, spoke in opposition to the project.  The hearing closed at 7:34 p.m.  Council Members Wazbinski and Currie expressed concern over the sidewalk.  Council Member McKeag expressed concern over the amount of units to be placed within the area.  Council Member Wazbinski, seconded by Council Member Currie, moved to approve the resolution.  After discussion, Council Member Wazbinski, seconded by Council Member Currie, moved to amend the resolution by adding a fifth (5th) condition that would place a vertical separation between sidewalk and street at a minimum of four inches (4”).  (Motion approved by a 4/1 vote.  Yeas:  Black, Currie, Griggs, Wazbinski  Nays:  McKeag) The following amended resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the Preliminary Plan for Planned Unit Development No. 15 for Carolina Cove Condominiums, the request of Clifford Reese of Shiloh Land Development, LLC for 47 residential units in 30 buildings, to be built on 6.74 acres west of Abbott Road north of Betsey Drive and south of Alta Court; and

WHEREAS, the City Council has reviewed the proposed Preliminary Plan for Planned Unit Development No. 15 in accord with the provisions set forth in Section 26.3 and 26.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Planned Unit Development No. 15, contingent upon the following:

1.         Walkways be provided along at least one side of the street within the site, and connect to the sidewalk on Abbott Road. 

2.         Site lighting shall not cast off the subject parcel.


3.        Utility easements, acceptable to the City of Midland, shall be provided prior to             consideration of the Final PUD Plan.

4.        A storm water retention plan is approved by the City of Midland Engineering Department.

5.        Vertical separation between sidewalk and street to be a minimum of 4”.

(Motion adopted.  Yeas:  Black, Currie, Griggs, Wazbinski   Nays:  McKeag)

 

2002-03 Washington Woods Fund Budget Amendment

Jon Lynch, Director of Planning and Community Development, presented information on an amendment to the 2002-03 Washington Woods budget.  A public hearing was opened at 8:03 p.m., no comments were made, the hearing closed at 8:04 p.m.   The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, in accord with Sections 5.11 and 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, a public hearing was conducted on Monday, February 10, 2003, on the proposal to amend the 2002-03 Washington Woods budget to increase expenditures for Buildings & Additions in the amount of $38,500; now therefore

RESOLVED, that the 2002-03 Washington Woods budget is hereby amended to increase expenditures for Buildings & Additions in the amount of $38,500.  (Motion adopted.)

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington, commended Council on the deserved increase in wages for City Manager Karl S. Tomion and City Attorney James O. Branson, III.  He expressed unhappiness with management at MBS International Airport.  Mr. McCreadie indicated he was opposed to a new ice arena and felt the request for a new ice arena should be presented to the voters.

 

Site Plan No. 222 – Natural Forest interpretive Center

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 222 for a Natural Forest Interpretive Center.  Douglas Chapman on behalf of the Herbert H. and Grace A. Dow Foundation spoke in support of the site plan.  The following resolution was then offered by Council Member Griggs and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 222, the request of Douglas Chapman on behalf of Herbert H. & Grace A. Dow Foundation for a 3,700 square foot Natural Forest Interpretive Center located at 2303 Eastman Avenue on 30 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 222 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. 222, contingent upon the following:

1.         Storm water plans shall be approved by the City Engineering Department.

2.         Site lighting will not be cast off-site.

(Motion adopted.)

 

Pedestrian & Bicycle System between City and County

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

 

WHEREAS, on December 10, 2002, the Midland Planning Commission recommended that the Parks and Recreation Commission begin discussions on plans to implement improved pedestrian and bicycle circulation within the City of Midland; and

WHEREAS, the Planning Commission also recommended that the City of Midland contact the Midland County Road Commission to begin planning for an integrated pedestrian and bicycle system for the City of Midland and Midland County; and

WHEREAS, the Planning Commission recommendations were received by the City Council on February 10, 2003; now therefore

RESOLVED, that the City Council directs the Parks and Recreation Commission, when it begins its review and update of the City of Midland Parks and Recreation Master Plan, to consider goals and policies to improve the pedestrian and bicycle system in the City of Midland; and

RESOLVED FURTHER, that the Parks and Recreation Commission take steps to implement an integrated city and county pedestrian and bicycle system by including goals and policies for implementation in the updated Parks and Recreation Master Plan.  (Motion adopted.)

 

2001-02 Cable Access Advisory Commission Report

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

 

WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2001/2002 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and

WHEREAS, the Cable Access Advisory Commission has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2001/2002 Annual Report of the Cable Access Advisory Commission be accepted.  (Motion adopted.)

 

2003-04 Construction Projects Priorities List

Brian McManus, City Engineer, presented information on the 2003-04 Construction Projects Priorities List.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2003-2004 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; now therefore

RESOLVED, that City Council hereby approves said proposed construction project listing for 2003-2004 and directs the administration to include funding requests for the proposed projects in the 2003-2004 budget; and

RESOLVED FURTHER, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion adopted.)

 

National Guard Reserve Benefits

Paula Speese, Human Resources Director, presented information on military pay for full-time federalized employees.  Rodney Sweet, President of the Midland Firefighters and Steve Tracy, Midland County Veterans Counselor, spoke in support of extending benefits to full-time employees while on active duty.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

WHEREAS, two full-time City employees who participate in the National Guard or a branch of the Armed Forces Reserve are anticipating that they will be federalized in the near future and one employee has already been deployed; now therefore

RESOLVED, that staff is authorized to negotiate letters of agreement with the appropriate bargaining units to extend health benefits and compensate the difference between City and military pay for full-time federalized employees for an initial six months, with City Council review and approval for additional six month increments.  (Motion adopted.)

 

Report on Changing Odd Year City Council Elections to Even Year Elections

Penny Kovacevich, City Clerk/Treasurer, presented a report regarding changing odd year City Council Elections to even year elections.  The State of Michigan Election Law and the home Rule City Act only gives authority to hold Council elections in the even numbered years under specific conditions, the City of Midland does not fall under these guidelines, therefore the report indicated the City of Midland does not have the authority to hold Council elections in even numbered years.  Richard McCreadie, 2700 Washington, requested Council consider contacting legislative officials for possible amendments to the State Election Law that would allow city’s to hold Council elections in even years.  The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the report on Changing Odd Year City Council Elections to Even Year Elections within the City of Midland is hereby received and ordered filed.  (Motion adopted.)

 

Traffic Control Order S-02-16

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

 

RESOLVED, that Traffic Control Order No. S-02-16 filed November 22, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Sylvan Lane shall stop for Campau Drive

is hereby made permanent.  (Motion adopted.)

 

Board of Review – Reappointment of Rogers

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

 

RESOLVED, that Joseph Rogers is hereby reappointed to the Board of Review for a term to expire April 30, 2006.  (Motion adopted.)

 

Bomag Compactor Buyout - Landfill

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

 

WHEREAS, on June 1, 2000 the City of Midland entered into a formal three-year lease agreement with Midland Engine for the lease of a Bomag BC771 RB compactor, with an option to purchase said compactor upon expiration of the lease; and

WHEREAS, the Utilities staff has recommended exercise of said buyout option, and funding is available through account #517-9120-912.97-25 Equipment; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order to Midland Engine is authorized in the amount of $90,085.00 for the buyout of the Bomag Compactor.  (Motion adopted.)

 

2002-03 Proposed Major Street Maintenance Fund Budget Amendment

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, February 24, 2003, in the Council Chambers of City Hall on the proposal to amend the Major Street Maintenance Fund’s 2002-03 budget to recognize $260,990 of unanticipated revenues from construction refunds, and to increase appropriations by $207,418 to transfer additional funds to the Major Street Construction Fund.  (Motion adopted.)

 

Closed Session – Pending Litigation (MCV)

Mayor Black, a partner in the law firm of Currie Kendall Polasky Meisel PLC., stated his firm represents the Midland Cogeneration Venture and requested to abstain.  Council unanimously agreed to the abstention.  The gavel was handed to Mayor Pro-Tem Wazbinski who called for a motion to adjourn to a closed session to discuss pending litigation regarding the Midland Cogeneration Venture Limited Partnership vs. City of Midland.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that in accord with Section 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 consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion adopted by a Roll Call Vote.   Yeas:  Currie, Griggs, McKeag, Wazbinski   Nays:  None   Abstained:  Black)

 

Being no further business the meeting adjourned to a closed session at 8:57 p.m.

 

 

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            Penny K. Kovacevich, City Clerk