October 5, 1998

A regular meeting of the City Council was held on Monday, October 5, 1998, at 7:30 p.m. 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, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: John Coppage (excused)

 

Minutes     Approval of the minutes of the September 28, 1998 regular meeting was offered by Councilman Moolenaar and seconded by Councilman Tysse. (Motion adopted.)

Roller Skating Month The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the month of October, 1998, as ROLLER SKATING MONTH in Midland. (Motion adopted.)

Agreement - Farbman Group Circle Mall Property Sales Agent     Mike Meyers, Purchasing Agent, appeared before Council to request that it approve the execution of an exclusive broker agreement with The Farbman Group of Southfield, Michigan, to represent the City in its efforts to sell the Circle Mall property. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, the City’s exclusive listing agreement with The Farbman Group to act as the City’s broker for the purpose of selling the Circle Mall property expired on August 23, 1998; and

WHEREAS, the City has received various offers for the sale of the property but has not successfully reached agreement with any party during the original 6-month listing period; and

WHEREAS, The Farbman Group has requested that said agreement be extended for an additional 6-month period to market for the property; now therefore

RESOLVED, that a six-month extension, until April 5, 1999, of the City’s exclusive listing agreement with The Farbman Group to provide marketing services for the sale of the Circle Mall property is hereby approved and that the Mayor and City Clerk are authorized to sign such listing agreement extension. (Motion adopted.)

 

Waldo Avenue Emergency Sewer Repair    Noel Bush, Utilities Director, appeared before Council to request waiving of competitive bids for emergency repair of 2,100 feet of sewer on Waldo Avenue. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, it is necessary to make emergency repairs to 2,100 feet of sanitary sewer on Waldo Avenue; and

WHEREAS, the City Council finds it is impractical to solicit competitive bids for improvements to the Waldo sewer due to the limited time remaining in the construction season; and

WHEREAS, funding is available through the transfer of $100,000 from the Microfloc Upgrade Account #590-9120-912.97-25 to the Sanitary Sewer Repair Fund Account #590-8249-821.81-99; now therefore

RESOLVED, the City Council authorizes the Fiscal Services Director to transfer $100,000 from the Microfloc Upgrade Account #590-9120-912.97-25 to the Sanitary Sewer Repair Account #590-8249-821.81-99; and

RESOLVED FURTHER, the City Council in accord with Sec. 2-18 of the Midland Code of Ordinances, determines that competitive bidding is impractical and approves the issuance of a purchase order in the amount of $94,500 to Insituform North for the restoration of 2,100 feet of the Waldo Avenue sanitary sewer. (Motion adopted.)

 

98 Financial Statements & Auditor’s Report - Sag/Mid Water Supply Corp   The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 1998, be received and filed in the office of the City Clerk. (Motion adopted.)

 

Deed - Land to Affordable Housing Alliance of Midland Co. James Schroeder, Director of Planning and Community Development, presented information regarding the transfer of land to the Affordable Housing Alliance of Midland County. The land was given to the City by Chemical Bank in 1992 for the purpose of helping to fill the needs of affordable housing in the community. A resolution was approved on June 8, 1998, which authorized the execution of the option with the closing contingent on the Affordable Housing Alliance (AHA) securing financing and other approvals. AHA has been advised that their applications for Tax Credit Financing have been approved. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the Affordable Housing Alliance of Midland County is proposing to develop a project for the benefit of low- and moderate-income households; and

WHEREAS, on June 8, 1998, the City Council approved an option to the Affordable Housing Alliance to purchase said property, conditioned upon their securing financing and other approvals; and

WHEREAS, said conditions have been satisfied; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute a deed, as prepared by the City Attorney, for the sale of said property to the Affordable Housing Alliance of Midland County in the sale amount of One Dollar ($1.00). (Motion adopted.)

 

Northwood Access Roadway Warranty Deed    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the attached Warranty Deed from The Herbert H. and Grace A. Dow Foundation to the City of Midland, for the Right of Way required to construct The Northwood Access Roadway in Section 7, T14N, R2E of Midland County, is hereby accepted and ordered recorded to correct the legal description contained in the Warranty Deed recorded at Liber 844, pages 588 and 589, Midland County Records. (Motion adopted.)

 

Northwood Access Roadway Quit Claim Deed    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the attached Quit-Claim Deed from The Herbert H. and Grace A. Dow Foundation to the City of Midland, for the Right of Way required to construct The Northwood Access Roadway in Section 7, T14N, R2E of Midland County, is hereby accepted and ordered recorded. (Motion adopted.)

98 Bradley Street Improvement James Schroeder, Director of Planning and Community Development, presented information to Council on the "1998 Bradley Street Improvement; Contract No. 21". Funding for the project is provided by the Community Development Block Grant Program and will be used for installation of sewers, water mains and a storm water retention basin to comply with the storm water management ordinance. The improvements will allow the City to construct thirteen new CHOICE homes on Bradley Street. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

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 and extension of Bradley Street easterly from the east end of the existing street to the proposed cul-de-sac; and

WHEREAS, funding for this project is provided by the Community Development Block Grant program (Project No. CD9802); now therefore

RESOLVED, that the low sealed proposal submitted by Eric Construction of St. Charles, Michigan, for the "1998 Bradley Street Improvement; Contract No. 21", in the indicated amount of $135,812.00, 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 any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

 

Payment to MDOT - US-10/Bay City Road Interchange     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, an Agreement between the City of Midland and the Michigan Department of Transportation was approved on February 5, 1996 which requires the City to be responsible for all costs associated with the acquisition of right of way necessary for the construction of the improvements to the US-10/Bay City Road interchange; and

WHEREAS, the City has received an invoice from MDOT in the amount of $62,000 which must be paid by MDOT as a requirement of a Possession and Use Agreement for one parcel necessary for right of way for this project; now therefore

RESOLVED, that in accord with said agreement between the City of Midland and the Michigan Department of Transportation (MDOT Contract 95-0352), the Director of Fiscal Services is hereby authorized to issue payment in the invoiced amount of $62,000 to the Michigan Department of Transportation, said payment to be made from Road Millage revenue located in the Major Streets Construction Fund. (Motion adopted.)

 

Special Request - Amplified Sound for Prayer Service     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, a request has been received from the Youth Ministry of Blessed Sacrament to use amplified sound during a prayer service from 4:30 p.m. until 5:30 p.m. on Saturday, October 17, 1998, on the steps of the Courthouse; and

WHEREAS, the Administrative Staff has reviewed the request and recommends approval; now therefore

RESOLVED, that the request is hereby approved. (Motion adopted.)

 

Being no further business the meeting adjourned at 8:00 p.m.

 

 

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Penny K. Kovacevich, City Clerk