March 22, 2004

A regular meeting of the City Council was held on Monday, March 22, 2004, at 7:10 p.m. (meeting delayed 10 minutes due to 6:00 p.m. closed session running late) in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present:	Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz
Councilmen absent:	None

MINUTES

Approval of the minutes of the March 8, 2004 regular meeting was offered by Councilman Myers and seconded by Councilman McKeag. (Motion adopted.)

2003-04 LIBRARY BUDGET AMENDMENT – COFFEE BAR

Grace A. Dow Memorial Library Director Melissa Barnard presented information on an amendment to the 2003-04 Grace A. Dow Memorial Library budget for the unanticipated revenues and expenses related to the construction of the library coffee bar. A public hearing opened at 7:18 p.m., no comments were made, the hearing closed at 7:19 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, March 22, 2004, on the proposal to amend the 2003-2004 Grace A. Dow Memorial Library Fund Budget to recognize donations for the construction of a coffee bar in the library of $55,000 and the unanticipated expenses related to the construction of a coffee bar, and

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the construction of the coffee bar; now therefore,

RESOLVED, that the 2003-2004 Grace A. Dow Memorial Library Fund Budget is hereby amended to increase revenue by $55,000 to recognize donations for the construction of a coffee bar in the library and to increase expenses by $55,000 to recognize the unanticipated expense related to the construction of a coffee bar, and

RESOLVED FURTHER, that City staff be authorized to enter into a contract with Three Rivers Construction Company in the amount of $45,935 for construction of the coffee bar at the Grace A. Dow Memorial Library, and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders to said contract up to an aggregate amount of $10,000. (Motion adopted.)

MCTV RULES AND PROCEDURES

Midland Community Television (MCTV) Director Ronald Beacom presented information on amendments to the MCTV Rules and Procedures as recommended by the Cable Access Advisory Commission. A public hearing opened at 7:32 p.m., no comments were made, the hearing closed at 7:33 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

RESOLVED, that the City Council, under the authority of Section 15-133 of the City of Midland Code of Ordinances, hereby approves the MCTV Rules and Procedures amendments recommended by the Cable Access Advisory Commission; and

RESOLVED FURTHER, that these amendments will go into effect July 1, 2004. (Motion adopted.)

PUBLIC COMMENTS

No public comments were made.

CIVIC ARENA PROJECT REPORT

Department of Public Services Director Martin McGuire provided an update on the Civic Arena project. Mr. McGuire introduced Fast Ice President Bill Bartlett who presented information on fund raising activities coordinated by the Fast Ice Fundraising Committee. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the staff report regarding the Civic Arena project is hereby received and filed. (Motion adopted.)

SITE PLAN NO. 237 – SOCCER CLUB EXPANSION

Assistant City Manager Jon Lynch presented information on Site Plan No. 237 for the Midland Soccer Club expansion. Richard Fosgitt of Bartow and King Engineers spoke regarding the engineering aspects of the expansion project. Terry Blalock, 606 Cherry Street and Vice President of operations for the Midland Soccer Club and Matt Janson, 806 Vance Road, both spoke in support of the expansion project. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 237, the request of Midland Soccer Club for expansion of the Midland Soccer complex on 28.5 acres south of Joseph Drive and north of Diamond Drive, east of Midfield Lane; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 237 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. 237, contingent upon the following:

1. The Midfield Lane site entrance is redesigned to align with the apartment complex driveway and to prevent blocking of driveways by temporary parking.

2. No parking will be permitted on Midfield Lane.

3. Fire hydrants are provided on site in locations approved by the City of Midland Fire Department.

4. Signs will comply with applicable provisions from the Zoning Ordinance.

5. Box style parking space delineation will be utilized.

(Motion adopted.)

SITE PLAN NO. 238

Assistant City Manager Jon Lynch presented information on Site Plan No. 238 for Boulder Creek Condominiums. Richard Fosgitt of Bartow and King Engineers responded to Council questions regarding the project. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 238, the request of Bartow & King Engineers for Boulder Creek Condominiums, an 81 unit site condominium project located on approximately 40 acres west of Perrine Road and south of Letts Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 238 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. 238, contingent upon the following:

Site storm water plans must be approved by the City of Midland Engineering Department.
The easement for future connection to property west of site noted on the site plan is described from the western property line to the Perrine Road right of way over the illustrated streets Pebble Creek Drive and Boulder Creek Drive.

(Motion adopted.)

DRAFT ZONING ORDINANCE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, on March 9, 2004, the Planning Commission unanimously recommended approval of adoption of a new Zoning Ordinance; and

WHEREAS, the Planning Commission also recommended that the City of Midland City Council schedule a joint meeting with the Planning Commission to discuss the new ordinance; and

WHEREAS, the Planning Commission recommendations were received by the City Council on March 22, 2004; now therefore

RESOLVED, that the City Council receives the draft zoning ordinance and directs the City Manager to schedule a special session with the Planning Commission to discuss the new zoning ordinance. (Motion adopted.)

ANNEXATION FROM LARKIN TWP – ALPINE MOBILE HOME, INC.

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

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

Sec 31 T15N R2E com at NE Cor of SW ¼ of NE ¼, Th N 41D 37M W 111.31 Ft, S 78D 12M W 97.24 Ft, S 28D 32M W 71.71 Ft, W 16.69 Ft, S 330 Ft, E 220 Ft, N 330 Ft.

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

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

ANNEXATION FROM LARKIN TWP – ALPINE MOBILE HOME, INC.

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

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

Sec 31 T15N R2E Com 962 Ft E on NW/C of SW ¼ of NE ¼, Th E 16.5 Ft, S 330 Ft. W 16.5 Ft, N 330 Ft.

REVISED ANNUAL CONSTRUCTION PROJECT PRIORITIES LIST

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the Midland Evangelical Free Church is constructing a new church on Jefferson Avenue and would like to have Jefferson Avenue reconstructed and widened from Joe Mann Boulevard to 100 feet north of Broadhead Drive to accommodate the opening of their new church during the spring of 2005; and

WHEREAS, the Construction Project Priorities list approved by City Council included reconstruction of Jefferson Avenue from Joe Mann Boulevard to Letts Road during the 2005 construction season; now therefore

RESOLVED, that City Council hereby approves revising the Construction Projects Priorities list to split the reconstruction of Jefferson Avenue into two separate projects and completing the work from Joe Mann Boulevard to 100 feet north of Broadhead Drive during the 2004 construction season and reconstructing Jefferson Avenue from 100 feet north of Broadhead Street to Letts Road during the 2005 construction season. (Motion adopted.)

AIRPORT ROAD EXTENSION PROJECT – PURCHASE ROAD RIGHT OF WAY

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, a report has been received from the City Engineer indicating that the right of way purchasing agent for the Airport Road Extension Project has executed a purchase agreement with Fisher Property Account for land purchase; and

WHEREAS, the City of Midland and the Midland County Road Commission have previously agreed to jointly pursue the Airport Road Extension Project by entering into the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF AIRPORT ROAD”; and

WHEREAS, the City of Midland is responsible for land acquisition costs in accordance with said agreement; now therefore

RESOLVED, that the City Manager is authorized to pay the Midland County Road Commission an amount up to $55,000 of County Road Millage Funds to acquire land from Fisher Property Account and for associated closing costs. (Motion adopted.)

REAPPOINTMENT OF INCUMBENTS – VARIOUS BOARDS AND COMMISSIONS

City Clerk Selina Tisdale presented information on Council appointments to fill board and commission terms that will expire on June 30, 2004. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, the city staff has contacted all board and commission members whose terms expire June 30, 2004, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2004 for three (3) year terms ending June 30, 2007

James Pollack Aviation Advisory Commission, citizen at large

Linda Malekadeli Cable Access Advisory Commission, citizen at large

Jim Huber Cable Access Advisory Commission, MPS representative

Ann Heard Library Board, MPS representative

Bob Smith MBS International Airport Commission, Aviation Advisory Board rep.

Bruce Peck Parks and Recreation Commission, citizen at large

Dottie Lengerman Parks and Recreation Commission, citizen at large

James Geisler Planning Commission, citizen at large

Troy Dowling Planning Commission, citizen at large

Ray Senesace Planning Commission, citizen at large

Terri Applegate West Main Street Historic District Commission, historical society rep.

Henry Holthof Zoning Board of Appeals, citizen at large

Tim Lichtenwald Zoning Board of Appeals, citizen at large

; and

RESOLVED FURTHER, that city staff is directed to begin disseminating information regarding the remaining board and commission vacancies. (Motion adopted.)

ANNUAL LIQUOR LICENSES REPORT

Assistant City Manager Jack Duso presented information on the City Manager’s report on the status of liquor licenses in the City of Midland. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to submit an annual review of each liquor licensee to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licensees is hereby received and ordered filed in the Office of the City Clerk. (Motion adopted.)

NATIONAL GUARD 1460^TH TRANSPORTATION CO. WELCOME HOME PARADE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that Midland City Council hereby authorizes the City staff to participate as organizers in working with the Michigan National Guard to plan and implement a homecoming parade celebration in Midland upon the return of the Michigan National Guard 1460^th Transportation Company which is currently serving in Iraq; and

RESOLVED FURTHER, that the Midland City Council hereby approves a parade permit for said event in accordance with the requirements set forth in Section 22-5 of the City of Midland Code of Ordinances and further approves the use of amplified sound during parade ceremonies and authorizes the placement of U.S. flags along Main St. in conjunction with the return of the 1460^th. (Motion adopted.)

CANDLELIGHT VIGIL MAY 9, 2004

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the City Council hereby approves the request of Mary Fisher and Chad Schieber seeking permission for use of amplified sound and a street closure during a candlelight vigil being held on the steps of the County Courthouse on Sunday, May 9, 2004, with these conditions:

To allow for better traffic flow, Main Street will be blocked from Jerome to Gordon. The intersections will remain open.
A minimum 12 foot wide fire lane must be maintained through the area of the street that is closed. No fire hydrant may be blocked and a minimum of three feet of clearance all around must be maintained.

and to fly U.S. flags along Main Street during the week of May 9 – 15. (Motion adopted.)

PAYMENT FOR ENVIRONMENTAL MANAGEMENT CONSULTING SERVICES – DOW CORNING TAX APPEAL

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the environmental management consulting firm of Pilko & Associates, Inc. are required to assist the City in its defense of the Dow Corning Corporation’s appeals; and

WHEREAS, on March 11, 2002, the City Council authorized payment to Pilko & Associates, Inc. for the aforementioned services in a total amount not to exceed $197,000.00; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to Pilko & Associates, Inc. for professional services in connection with the aforementioned defense of the Dow Corning Corporation appeal is hereby authorized in an amount not to exceed $297,000.00. (Motion adopted.)

SNOW AND ICE CONTROL SALT PURCHASE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 2004-05 budgeted sum for this purpose. (Motion adopted.)

GOLF PRO CONTRACT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, Article 2-19 of the Code of Ordinances provides that no sealed proposals are required for purchases or contracts for professional services; and

WHEREAS, D. Scott Downey has served the City as Golf Professional for twenty years; and

WHEREAS, changes in the agreement between the City and Mr. Downey are appropriate to reflect changing operations at Currie Golf Course; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute a contract, drafted by the City Attorney, for services as a Golf Professional with D. Scott Downey. (Motion adopted.)

CURRIE CLUBHOUSE CONCESSION CONTRACT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, on April 14, 2003 the City entered into a contract with Carol Schaefer, doing business as In New Ways, to operate the food concession at Currie Clubhouse; and

WHEREAS, the contract contained an option for a second year; and

WHEREAS, the contract has been renegotiated and drafted by the City Attorney, reflective of a year of operation; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the agreement. (Motion adopted.)

2004 PAVEMENT CRACK SEALING PROGRAM

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the sealing of cracks on various sections of major streets; and

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

RESOLVED, that the low sealed proposal submitted by Highway Maintenance & Construction, for the "2004 Pavement Crack Sealing Program; Contract No. 20", in the indicated amount of $0.91 per pound of crack sealing material, is hereby accepted, and that a contract be approved in the amount of $45,000 based upon said unit price bid 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.)

2004 DUBLIN SANITARY SEWER

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a sanitary sewer along Dublin Avenue from Countryside Drive to 600 feet north; and

WHEREAS, funding for this project is provided by the Wastewater Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Huckins Contracting, Inc. of Beaverton, Michigan, for the "2004 Dublin Sanitary Sewer; Contract No. 8", in the indicated amount of $87,108.50, 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 any change orders modifying or altering this contract in an aggregate amount up to $20,000. (Motion adopted.)

2004 PAVEMENT MARKING PROGRAM

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the annual pavement marking of major streets; and

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

RESOLVED, that the sealed proposal submitted by Clark Highway Services, Inc. of Lake City, Michigan, for the "2004 Pavement Marking Program; Contract No. 16", in the indicated amount of $26,430.00, 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 this contract in an aggregate amount not to exceed $5,000, if sufficient funding exists. (Motion adopted.)

ZONING PETITON NO. 506

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 12, 2004, 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 March 26, 2004 and to publish said notice on March 27, 2004.

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 B-1 WHERE A OFFICE SERVICE 2 DISTRICT PRESENTLY EXIST.

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:

Commencing No 5M 20S W 247.95 Feet; thence No 5M 20S W 40.00 feet; thence N 45D 1M E 101.04 Feet; thence N 89D 37M 40S E 50.91 feet to the Point of Curvature of a curve Concave to the south having a radius of 2232.01 Feet and a Central Angle of 2D 28M; thence Easterly 96.27 Feet along the arc of said curve; said arc having a long chord bearing and distance of S 89D 8M 12S E 96.26 Feet; thence S 5M 20S E 131.91 Feet; thence S 89D 54M E 64.37 Feet; thence S 5M 20S E 247.93 Feet; thence N 89D 54M 17S W 304.37 Feet to the point of beginning.

be, and the same is hereby changed to Business B-1.

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. Considered first reading.)

PROPOSED 2003-04 DDA BUDGET AMENDMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

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, April 12, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 Downtown Development Authority budget to provide $15,500 of funding to hire a temporary horticulturist and two temporary unskilled laborers to plant and maintain the City’s landscaping within the downtown district. (Motion adopted.)

Being no further business the meeting adjourned at 9:03 p.m.

______________________________________

Selina Tisdale, City Clerk