May 12, 2003

 

A regular meeting of the City Council was held on Monday,  May 12, 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 April 28, 2003 regular and May 5 and 6, 2003 special meetings was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

MIDLAND BLOOMS DAY

Selina Tisdale, Community Relations Coordinator, introduced Bob Markey, Interim Executive Director of the Midland Area Chamber of Commerce.  Mr. Markey gave a brief overview of the annual Midland Blooms Day project.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 17, 2003 as Midland Blooms Day in Midland.  (Motion adopted.)  Mayor Black presented Bob Markey with the proclamation.

 

EASTMAN AVENUE CORRIDOR IMPROVEMENT CONCEPT

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, introduced Denise Spencer, Chairperson of the Midland Area Community Foundation’s Entranceway Initiative Task Force.  Ms. Spencer gave a brief overview of the Task Force’s objective to develop strategies for enhancing the aesthetic appeal of key vehicular entrances to the community.  Ms. Spencer then introduced Douglas Hoerr from the firm of Douglas Hoerr Landscape Architecture.  Mr. Hoerr presented a conceptual enhancement plan for the Eastman Avenue corridor from US-10 to the north entrance of the Midland County Fairgrounds.  Mr. Hoerr indicated the Task Force would like to begin with the fairgrounds this year.

 

2003 SIDEWALK IMPROVEMENT PROGRAM

Brian McManus, City Engineer, presented information on the 2003 Sidewalk Improvement Program.  Mayor Black disclosed he is currently a member of the Midland Country Club and his law firm, Currie, Kendall, Polasky & Meisel, PLC, represents the Midland Country Club regarding certain legal issues, his firm has not been involved on the sidewalk issue.  There are two stretches of sidewalk within the 2003 Sidewalk Improvement Program, east side of Eastman Avenue from Sugnet Road south to end of existing sidewalk and the north side of Mark Twain Drive from the west line of Ashford Estates to end of existing sidewalk.  A public hearing opened at 7:59 p.m.  There were no comments on the proposed Mark Twain sidewalk.  Charles Hepenstal, 1317 N. Parkway, spoke in support of the placement of sidewalk on the east side of Eastman, citing safety concerns for citizens of Midland and Council’s policy to place sidewalks on all major streets.  Ronald Glomski, 2009 Springwood, a member of Calvary Cemetery Board and a member of the Midland Country Club, spoke in opposition to the placement of sidewalk alongside the Midland Country Club and in front of the Calvary Cemetery.  William Kennett, 4209 Arbor Drive, Leo Boyle, 725 Patterson Road and Gerald Ziarno, 6208 Sturgeon Creek Parkway, all spoke in opposition to the placement of sidewalk in front of Calvary Cemetery.  John Wilson, speaking on behalf of the Midland Country Club, spoke in opposition to the placement of sidewalk alongside the Midland Country Club golf course, citing a safety hazard to pedestrians.  Mr. Wilson suggested that Mayor Black recluse himself from the issue citing Mayor Black’s membership at the Country Club and the fact that one of his partner’s sits on the Country Club board.  William Kennett, 4209 Arbor Drive, stated that if Eastman Avenue was widened any sidewalk in place would have to be removed or replaced.  Charles Hepenstal, 1317 N. Parkway, stated that a 4/5 vote was needed to approve the resolution, so the suggestion that Mayor Black recluse himself from voting was without merit.  The public hearing closed at 8:34 p.m.  Mayor Black indicated that for City Council to pass resolutions it requires a certain number of council members to vote, Mayor Black disclosed his involvement with the Country Club and did not feel this would disqualify him from voting.  During discussion Council Member Currie and Council Member Wazbinski spoke in favor of the placement of sidewalk citing safety issues, Council’s sidewalk policy and the assurance that the Engineering Department has worked out the sloping issue.  Mayor Black indicated he believed in the sidewalk policy and felt issues raised were not so different from issues raised on other sidewalks placed within the community.  Council Member Griggs and Council Member McKeag, spoke in opposition to the placement of sidewalk on Eastman Avenue, citing hazards to pedestrians and limited use of sidewalk by pedestrians.  Council agreed that placement of sidewalk on Mark Twain was a necessary improvement.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

      Eastman Avenue (east side)          Sugnet Road south to end of existing sidewalk

       Mark Twain Drive (north side)        west line Ashford Estates to end existing sidewalk

and has heretofore established one special assessment district which is to be known as the “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 12th day of May, 2003, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 14, 2003, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of twenty-two thousand two hundred fifty dollars ($22,250.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be five thousand three hundred eighty dollars ($5,380.00) and that all other costs and expenses of said improvement amounting to sixteen thousand eight hundred seventy dollars ($16,870.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described street the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2003, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2003, and that said agreement is received by City Council for approval at their June 9, 2003, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion denied.  Yeas:  Black, Currie, Wazbinski    Nays:  Currie, Griggs)

 

The following resolution for the construction of sidewalk on Mark Twain Drive was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

        Mark Twain Drive (north side)    west line Ashford Estates to end existing sidewalk

and has heretofore established one special assessment district which is to be known as the “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 12th day of May, 2003, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 14, 2003, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of seven hundred ten dollars ($710.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be zero and that all other costs and expenses of said improvement amounting to seven hundred ten dollars ($710.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described street the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2003, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2003, and that said agreement is received by City Council for approval at their June 9, 2003, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2003 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT

Kathleen Paul, City Assessor, presented information on the special assessment roll for the “2003 Downtown Economic Revitalization Public Improvement Special Assessment District” (SARA District).  A public hearing opened at 8:53 p.m.  Jennifer Adamcik, Downtown Coordinator, speaking on behalf of the Downtown Development Authority and the Midland Downtown Business Association, spoke in support of the project.  The hearing closed at 8:54 p.m.  The following resolution was offered by Council Member Griggs and seconded by Council Member McKeag:

 

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 a certain revitalization program on the "2003 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC 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 $72,013.48 and that the total estimated cost of said improvements is $72,013.48, and the City at large cost is zero (0); and

RESOLVED FURTHER, that fifty (50) percent of the amount of said roll shall be collected during the year of 2003, and fifty (50) percent of said roll shall be collected during the year of 2004; 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 City Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading fifty (50) percent of said Roll on July 1, 2003 without interest, and fifty (50) percent of said roll on July 1, 2004 without interest.  (Motion adopted.)

 

2003-04 PROPOSED BUDGET

Robert Fisher, Director of Fiscal Services, gave a brief overview of the 2003-04 proposed budget.  A public hearing was opened at 9:00 p.m.  Sandy Hermann, Chairperson of the Board for the Midland Area Chamber of Commerce, read a letter supporting the proposed 2003-04 budget.  The hearing closed at 9:04 p.m.   Council requested that staff look at various bonding possibilities for storm sewer projects.  Council Member McKeag requested a report be presented regarding the accident reduction experienced over the last year because of new traffic officers.  City Manager Karl Tomion will bring the report back to Council at the next meeting to be held May 19, 2003.

 

PUBLIC COMMENTS

No comments were made.

 

9:24 p.m. Council Member Currie excused herself from the meeting.

 

PRELIMINARY PLAT OF COUNTRYSIDE ESTATES

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on the final approval of the Preliminary Plat of Countryside Estates.  Tim Lapham, from Lapham Associates and engineer for the project, spoke briefly on the project.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the City Council did give tentative approval to the Preliminary Plat of Countryside Estates on April 14, 2003; and

WHEREAS, the approval of the Midland County Drain Commission has been received; now therefore

RESOLVED, that the Midland City Council hereby gives final approval to the Preliminary Plat of Countryside Estates, in accordance with Section 23-15 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, conditions of City Council tentative approval of the Preliminary Plat specified in the April 14th resolution shall also apply to final approval of the Preliminary Plat.

9:29 p.m.  Council Member Currie returned to her seat. 

(Motion adopted by a unanimous vote.)

 

EASEMENT AGREEMENT – SANITARY SEWER PUMP STATION

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

 

RESOLVED, that the attached Easement Agreement from Gary O. Bartow and Lois J. Bartow to the City of Midland, for the installation of a new sanitary sewer pump station on the west side of Perrine Road at Letts Road and described as the West 20 feet of the East 53 feet of the North 40 feet of the Southeast ¼ of the Northwest ¼ of Section 31, Township 15 North, Range 2 East, is hereby accepted and that the easement is ordered recorded.  (Motion adopted.)

 

EASEMENT AGREEMENT – EMERGENCY GENERATOR AT EXISTING PUMP STATION

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

 

RESOLVED, that the attached Easement Agreement from DeShano Development Corporation to the City of Midland, for the installation of a new emergency generator at the existing Clay Street Pump Station on the east side of Clay and described as the West 6 feet of the North 30 feet of Lot 39 of Adams Acres Subdivision No. 1, in Section 13, Township 14 North, Range 2 East, is hereby accepted and that the easement is ordered recorded.  (Motion adopted.)

 

CEMETERY PLAT (SECTIONS M, Q & Oc)

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

 

WHEREAS, the number of available lots in the Midland Cemetery has diminished; and

WHEREAS, in accord with Section 6-3 of the Code of Ordinances, the City Manager has caused lots to be laid out in the Midland Cemetery; now therefore

RESOLVED, that the City Council hereby approves the plats of Section M, Q, and Oc.  (Motion adopted.)

 

LIQUOR LICENSE TRANSFER – DIAMOND CORPORATION

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

 

RESOLVED, That the request from THE DIAMOND CORPORATION TO TRANSFER OWNERSHIP OF 1999 CLASS C LICENSED BUISNESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 208 S. KAISER, PINCONNING, MI  48650, BAY COUNTY, FROM B.K.E., INC.; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 5217 BAY CITY RD, MIDLAND, MI  48642, CITY OF MIDLAND, BAY COUNTY; AND TRANSFER CLASSIFICATION TO A B-HOTEL LICENSE.

be considered for approval.

It is the consensus of this legislative body that the application be:   Recommended for issuance.  (Motion adopted.)

 

DOWNTOWN DEVELOPMENT AUTHORITY APPOINTMENT

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

 

WHEREAS, John Zimmerman’s term on the Downtown Development Authority has expired and he has indicated that he is not interested in being reappointed; now therefore

RESOLVED, that in accord with Section 30-6 of the City of Midland Code of Ordinances, the City Council confirms the City Manager’s appointment of Robert “Bo” Brines to the Downtown Development Authority for a term to expire May 1, 2007.  (Motion adopted.)

 

LOCAL OFFICERS COMPENSATION COMMISSION APPOINTMENT

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

 

RESOLVED, that John Tierney is hereby appointed as a Citizen-at-Large member to the Local Officers Compensation Commission for a term expiring June 30, 2010.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:31 p.m.

 

 

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            Penny K. Kovacevich, City Clerk