February 23, 1998

 

A regular meeting of the City Council was held on Monday, February 23, 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 Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

 

Minutes Approval of the minutes of the February 9, 1998 regular and the February 16, 1998 special meeting was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

American Red Cross Month Selina Tisdale, Community Relations Coordinator, introduced Jeff Cooper, Chair of the Midland County Chapter of the American Red Cross. Mr. Cooper requested Council consider proclaiming the month of March, 1998 as American Red Cross Month in Midland. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March as American Red Cross Month in Midland. (Motion adopted.) Mayor Black then presented Mr. Cooper with the proclamation.

Russell Scott Gugino- Retirement The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, Russell Scott Gugino, born in Saginaw, Michigan, joined the City of Midland as a Meterman on September 26, 1977; and

WHEREAS, Scott was promoted to Wastewater Treatment Plant Operator in 1978, Wastewater Supervisor in 1984, and Landfill Superintendent in 1993 and retires from the position of Landfill Superintendent; and

WHEREAS, Scott has been an integral part of the City, has exhibited enthusiasm in his position and assisted the administration whenever requested, and also had the respect and support of his fellow City employees; and

WHEREAS, this individual has devoted over twenty years of professional service to the City of Midland and retires February 27, 1998; now therefore

RESOLVED, that the City Council hereby commends the outstanding work and dedicated career rendered to the Midland community for over twenty years by Russell Scott Gugino, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.)

James L. Hall - Retirement Daniel Hargarten, Fire Chief, introduced and commended James L. Hall, a Midland Fire Fighter, upon his retirement after nearly twenty-four years with the Midland Fire Department. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, James L. Hall, born in Highland Park, Michigan, joined the City of Midland Fire Department as a Fire Fighter on June 11, 1974; and

WHEREAS, James was promoted to Fire Truck Operator in 1991 and retires from the position of Fire Truck Operator; and

WHEREAS, James has been an integral part of the City Fire Department, has exhibited enthusiasm in his position and assisted the administration in providing quality fire protection to the citizens of Midland; and

WHEREAS, this individual has devoted nearly twenty-four years of professional fire fighting service to the City of Midland and retires February 25, 1998; now therefore

RESOLVED, that the City Council hereby commends the outstanding work and dedicated career rendered to the Midland community for nearly twenty-four years by James L. Hall, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.) Mayor Black then presented a Certificate of Recognition to James L. Hall.

97 Police Officer of the Year James St. Louis, Police Chief, introduced and commended Joseph S. Schneider upon his receipt of the Exchange Club of Midland’s 1997 Gerstacker Police Officer of the Year Award. Mayor Black then presented the following Certificate of Recognition to Joseph S. Schneider:

WHEREAS, each year the Exchange Club of Midland, Michigan is proud to present the Gerstacker Policeman of the Year Award to police officers judged as outstanding, not only in their line of duty, but also in the community; and

WHEREAS, Officer Joseph S. Schneider has been selected as the 1997 Policeman of the Year; and

WHEREAS, Joe joined the Midland Police Department in 1992, became a Community Policing Officer in 1995 and took over the position of Community Relations Officer in 1997; and

WHEREAS, Joe is known affectionately as "Officer Joe" by Midland’s youth and often visits all of the schools and neighborhoods where he is met with respect and admiration; and

WHEREAS, Joe volunteers his time through the Midland Jaycees, rings bells for the Salvation Army, serves lunch to local seniors, coaches the neighborhood children in Roller Hockey at the Roll Arena and has helped Mothers Against Drunk Driving; and

WHEREAS, Joe freely gives his time when asked to assist other officers, exemplifies the finest characteristics of a community servant, knows the value and importance of each individual child and is admired by his friends and associates; now therefore

RESOLVED, that the City of Midland proudly recognizes Officer Joseph S. Schneider for being the 1997 recipient of the Exchange Club’s Gerstacker Policeman of the Year Award and congratulates him on achieving excellence in public safety.

Cabot Corporation - IFT Diane Dryzga, City Assessor, presented information regarding the request from Cabot Corporation for an Industrial Facilities Exemption Certificate. A public hearing was opened at 7:43 p.m. Paul Fraser, representing Cabot Corporation, requested Council look favorably upon the request for an Industrial Facilities Exemption Certificate. Daniel Foster, Director of Midland Economic Development Council, spoke in support of the application. The hearing closed at 7:50 p.m. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Dow Chemical Company Industrial Development District No. 3 was established by resolution of the Midland City Council on June 30, 1997; and

WHEREAS, the Dow Corning Corporation Industrial Development District was established by resolution of the Midland City Council on February 23, 1981; and

WHEREAS, Cabot Corporation made an application dated November 13, 1997, which was originally received December 4, 1997, and updated and revised portions received January 5, 1998 for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $41,620,193, which includes $31,418,096 in new personal property and $10,202,097 in building and land improvements with the same being located within the Dow Chemical Company Industrial Development District No. 3 and Dow Corning Corporation Industrial Development District. This project will provide for the construction of a fumed silica manufacturing facility; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on February 23, 1998, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within industrial development districts that were duly established within the City of Midland with the City of Midland being eligible under said statute to establish such districts and with the districts having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within previously established industrial development districts that were established in the City of Midland which was itself eligible under the statute to establish the districts; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Cabot Corporation considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Cabot Corporation for a new facility approval within the Industrial Development Districts be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Cabot Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

Budget Amendment - Library James Alsip, Library Director, presented information regarding an amendment to the 1997-98 Library Fund budget. A public hearing opened at 7:52 p.m., no comments were made, the hearing closed at 7:53 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

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 after having conducted a public hearing Monday, February 23, 1998, on the proposal to amend the 1997-98 Library Fund budget in order to utilize a $12,000 gift from the Friends of the Grace A. Dow Memorial Library toward the purchase of a new sound system for the library auditorium; now therefore

RESOLVED, that the 1997-98 Library Fund budget is hereby amended to increase revenues from Contributions by $12,000 and to increase expenditures for Sound Equipment by $12,000. (Motion adopted.)

96 Sidewalk Program Revisions Jack Duso, Assistant City Manager, presented information regarding revisions to the 1996 Sidewalk Special Assessment District and Special Assessment Roll. A public hearing opened at 8:01 p.m., no comments were made, the hearing closed at 8:02 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed amendments to the 1996 Sidewalk Improvement Special Assessment District and Special Assessment Roll; and

WHEREAS, certain changes and revisions are required to amend the 1996 Sidewalk Improvement Special Assessment Roll to agree with the final construction conditions and walks installed by certain property owners and the City of Midland to comply with the conditions set forth in the Sidewalk Construction Agreements and resolutions approved by Council for said program; now therefore

RESOLVED, that the April 22, 1996 resolution determining necessity for the 1996 Sidewalk Improvement Program is hereby amended to remove Revere Street (west side) from Main Street to West Park Drive; and

RESOLVED FURTHER, that the 1996 Sidewalk Improvement Special Assessment Roll is hereby amended by deleting parcel 14-17-30-324 and parcel 14-05-10-176 from said Roll; and

RESOLVED FURTHER, that the 1996 Sidewalk Improvement Special Assessment Roll is hereby amended by adding parcel 14-02-50-326 in the amount of $603.00, parcel 14-02-60-102 in the amount of $684.00, and parcel 14-06-92-002 in the amount of $1,530.00; and

RESOLVED FURTHER, that the 1996 Sidewalk Improvement Special Assessment Roll is hereby amended by reducing parcel 14-03-20-296 from $729.00 to $621.00 and parcel 14-05-10-174 from $738.00 to $144.00; and

RESOLVED FURTHER, that the City Council does hereby determine that it is satisfied with said amended 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 amended Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $96,048 and that the total estimated cost of said improvements is $171,848, and the City at large cost is $75,800; and

RESOLVED FURTHER, that, with the exception of parcels 14-02-50-326, 14-02-60-102, and 14-06-92-002, all remaining installments shall be collected in the manner described in the resolution confirming the 1996 Sidewalk Improvement Special Assessment Roll adopted June 10, 1996; and

RESOLVED FURTHER, that for parcels 14-02-50-326, 14-02-60-102, and 14-06-92-002 the amount of said roll shall be divided into four annual installments with interest, with the first installment to be collected during the year of 1998, and one during each succeeding year for three years thereafter. Provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer of the above three parcels shall have the opportunity of paying said assessment in full in addition to an annual interest payment equal to 6.5% calculated on a daily basis from July 1, 1996 until the date of this resolution within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that said amended 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 1998 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 the property owners of parcels 14-02-50-326, 14-02-60-102, and 14-06-92-002 on said roll that said roll has been filed, stating the amount assessed, that said property owners shall have thirty days from the date of such notification to pay said assessment in full with accrued interest, and that payments made thereafter shall be divided into four equal annual installments bearing the interest rate of 6.5% with the first payment to include two years of interest at 6.5% per year; 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 four annual installments with interest; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to refund $766.00 plus interest in the amount of $50.75 to the owner of parcel 14-05-10-176. (Motion adopted.)

PUBLIC COMMENTS Charles Hepenstal, 1317 North Parkway, offered comments on flooding of basements. Mr. Hepenstal urged all citizens to write to DEQ requesting action from the DEQ regarding the flooding issues. Councilman Coppage invited those who wanted more information regarding this issue to contact City staff.

Recreational Programs Martin McGuire, Director of Public Services, presented information regarding the first reading of proposed ordinances amending fees for recreation programs. Bonnie Choo, 6103 Briarwood Court and Nick Ionita, 5503 Pondview, spoke in opposition of the fee increases. Andrew Marinik, 5913 Partridge Lane, suggested Public Services offer program discounts. The following four ordinance amendments were then presented to Council for consideration.

Civic Arena Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 1. CIVIC ARENA

Sec. 21-70. Civic Arena Fees

The fees for use of the Civic Arena and its facilities are as follows:

(1) Individual Ice Skaters $ 2.25 2.50 per session

(2) Skating Pass (25 Admissions) $ 45.00 50.00 per pass

(3) Skate Rental $ 1.50 per session

(4) Rink Rental $ 93.00 96.00 per hour

(5) Summer Rink Rental $ 110.00 113.00 per hour

(6) Non-Ice Rental (Full Building) $1,200.00 1,250.00 per day

(7) Non-Ice Rental (1/2 Building) $ 600.00 625.00 per day

(8) Non-Ice Rental (1/4 Building) $ 350.00 per day

Section 2. This Ordinance shall take effect on May 1, 1998. (Motion adopted. Considered first reading.)

Golf Course Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 2. GOLF COURSE

Sec. 21-71. Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

(1) Regular: 9-hole $ 9.00 per play

(2) Regular: 18-hole $ 14.25 per play

(3) Senior: 9-hole (7:00 a.m.- 3:00 p.m., M - F) $ 6.00 per play

(4) Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F) $ 9.50 per play

(5) Twilight golf (after 7:00 p.m.) $ 6.00 per play

(6) Regular: Par 3 $ 4.50 per play

(7) Senior and youth: Par 3 $ 3.00 per play

(8) 20-play pass $170.00 per pass

(9) Regular: Single season pass $400.00 per pass

(10) Regular: Double season pass $640.00 per pass

(11) Senior: Limited and league single season pass $315.00 per pass

(12) Senior: Limited and league double season pass $475.00 per pass

(13) Senior: Limited single season pass $265.00 per pass

(14) Senior: Limited double season pass $425.00 per pass

 

(15) TRAIL FEE (PRIVATE CARTS): 9-HOLE $ 1.00 PER PLAY

18-HOLE $ 2.00 PER PLAY

SEASON PASS $ 90.00 PER PASS

Section 2. This Ordinance shall take effect on April 1, 1998. (Motion adopted. Considered first reading.)

Swimming Pool Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 3. SWIMMING POOLS

Sec. 21-72. Swimming pool fees.

The fees for the use of the city’s swimming pools are as follows:

(1) Public swimming $ 1.50 1.75 per session

(2) Limited pass (15 admissions) $ 20.00 25.00 per pass

(3) Swimming lessons $ 20.00 per lesson

(4) Individual swim pass (unlimited use) $ 55.00 55.00 per pass

(5) Family swim pass (2 members) $ 75.00 85.00 per pass

(6) Family swim pass (each additional member) $ 15.00 20.00 per additional member

(7) Family swim pass (maximum per family) $105.00 125.00 per family

Section 2. This Ordinance shall take effect on May 1, 1998. (Motion adopted. Considered first reading.)

 

General Recreation Fees Introduction and first reading of the following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 4. GENERAL RECREATION

Sec. 21-73. General Recreation Fees

The fees for general recreation activities are as follows:

(1) Adult Softball Player $ 16.00 per player

(2) Adult Softball Player (2nd Team) $ 8.00 10.00 per player

(3) Each Softball Team in Invitational Tournaments $ 20.00 per team

(4) Youth Softball Player $ 3.00 per player

(5) Adult Soccer Team $ 20.00 per team

(6) Youth Soccer Player $ 5.00 per player

(7) Rugby Player $ 6.00 per player

(8) Ski Rental (Each 2 Hours or Part Thereof) $ 5.00 per 2 hours

(9) Toboggan Rental (Per Hour - 2 Hour Maximum) $ 3.00 per hour

(10) Chalet Building Rental (2 Hour Minimum) $ 25.00 per hour

After 2 Hour Minimum $ 15.00 per hour

(11) Picnic Kit Deposit $ 15.00 per kit

(12) Summer Play Program (Entire 8-Week Program) No charge per child

(13) Summer Play Program (Per Day Charge) No Charge per child per day

Section 2. This Ordinance shall take effect on April 1, 1998. (Motion adopted. Considered first reading.)

World Horseshoe Tournament Martin McGuire, Director of Public Services, presented information on a request from the Midland Horseshoe Club and the Midland County Convention and Visitors Bureau to appropriate $22,000 to assist in paying rental costs of the Midland Civic Arena for the World Horseshoe Tournament. Douglas Hand, President of the Midland Horseshoe Club, requested Council give its support to the request. Bud Carpenter, from the Midland County Convention and Visitors Bureau (MCCVB), stated that MCCVB will sponsor $15,000 and the hotels in Midland will provide up to 180 room nights free of charge, a sponsorship of between $9,000 and $10,000. The event will run for fourteen days and is scheduled for the year 2000. Charles Hepenstal, 1317 North Parkway, opposed the appropriation. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the City Council hereby appropriates $22,000 to be used toward the rental of the Midland Civic Arena for the World Horseshoe Tournament. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

MCTV - Third Access Channel James Alsip, Library Director, presented recommendations in regards to the issue of adding a third cable channel for use by MCTV. Vivian LeVier, 5600 Sturgeon Creek Parkway, spoke in favor of adding a third channel and added she did not believe that Midland Public Schools had the first choice of channels. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Council has received a request from MCTV volunteers to add a third public access channel for the city under its franchise with Bresnan Communications; and

WHEREAS, under the franchise it is necessary for the city to obtain formal verification from Midland Public Schools that they do not need the two access channels originally allocated to them before the City can formally request a third public access channel; and

WHEREAS, the City Council desires to, subject to the rights of the Midland Public Schools, request a third public access channel; and

WHEREAS, the City Council desires to determine which of the current channels Bresnan will delete to accommodate the city’s request; now therefore

RESOLVED, that the Midland City Council hereby authorizes and directs the City administration to:

    1. Obtain a formal written response from the Midland Public Schools on their desire to continue to reserve two public access stations;
    2. Meet with Bresnan Communications to determine how the city’s request can be accommodated; and
    3. Schedule a public hearing so that interested citizens could express their views over the above described reallocation of cable stations.

(Motion adopted.)

1% Tax Administration Fee Robert Fisher, Director of Fiscal Services, gave a presentation on the effects of eliminating the one per cent (1%) administration fee currently imposed on taxpayers. Charles Hepenstal, 1317 North Parkway, stated that he understood the one per cent (1%) administrative fee was not deductible, for that reason Mr. Hepenstal would prefer to see a millage increase in place of the administrative fee. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the City Manager is hereby instructed to eliminate the 1% tax administration fee as a source of revenue in the proposed City of Midland budget for the 1998-99 fiscal year. (Motion denied. Yeas: Moolenaar Nays: Black, Coppage, Tysse, Wazbinski)

Park Property from Dow Chemical Councilman Tysse requested that Council allow him to abstain from voting on the issue of seeking an alternative site for the Midland RC Modelers Club. Councilman Tysse is currently employed by The Dow Chemical Company which allows the Midland RC Modelers Club to use its property. Council unanimously agreed to abstention. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, The Dow Chemical Company has offered to gift to the City of Midland 80 acres on Whitman Drive for park purposes; and

WHEREAS, the City Attorney and attorneys from Dow have drafted an agreement outlining the responsibilities of these parties; and

WHEREAS, the Parks and Recreation Commission recommended at their January 13, 1998 meeting that the City Council accept the gift; and

WHEREAS, the City Council has raised concerns about the provision of this agreement that requires the City to maintain a portion of this property for use by the Midland RC Modelers Club to fly model airplanes; and

WHEREAS, this condition of the donation could be satisfied if the City could provide an alternative site for the "Club"; now therefore

RESOLVED, that the City Council hereby authorizes and directs the City administration to seek an alternate location for the Midland RC Modelers Club subject to the approval of the City Council to facilitate the donation of this property. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Sag-Mid Municipal Water Supply Corp. Refunding Revenue Bonds  The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

City of Midland

Counties of Midland and Bay, Michigan

RESOLUTION REGARDING CONTINUING DISCLOSURE UNDERTAKING

WHEREAS, the Saginaw-Midland Municipal Water Supply Corporation (the "Corporation") proposes to issue its Water Supply System Refunding Revenue Bonds, Series 1998 (Limited Tax General Obligation) (the "Bonds") for the purpose of refunding certain previously issued bonds the principal and interest of which are paid in part by the City of Midland, Counties of Midland and Bay (the "City"); and

WHEREAS, the issuance of the Bonds will reduce the City’s contractual obligation to the Corporation; and

WHEREAS, the Corporation proposes to enter into a Bond Purchase Agreement to sell the Bonds to the underwriter named therein (the "Underwriter"); and

WHEREAS, pursuant to Rule 15c2-12 promulgated by the Securities and Exchange Commission ("the Rule") the City is an "obligated person" and in order to enable the Underwriter to comply with the Rule so that the Bonds may be purchased the City must agree to comply with the requirements of the Rule; now therefore

RESOLVED, that in order to enable the Underwriter to comply with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission, the City hereby agrees to undertake Continuing Disclosure respecting the Bonds; and

RESOLVED FURTHER that pursuant to the terms of the Continuing Disclosure Undertaking, the City will provide, or cause to be provided, (i) certain annual financial information and operating data, including audited financial statements for the preceding fiscal year, (ii) timely notice of the occurrence of certain material events with respect to the Bonds, and (iii) timely notice of a failure by the City to provide the required annual financial information on or before the date required in the Continuing Disclosure Undertaking; and

RESOLVED FURTHER, that the Director of Fiscal Services be and is hereby authorized to execute such Continuing Disclosure Undertaking on behalf of the City in such form as he shall, in consultation with bond counsel, determine to be appropriate; and

RESOLVED FURTHER, that this resolution shall be effective immediately upon adoption; all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. (Motion adopted.)

Dow Fabricated Products Roadway Councilman Tysse requested Council allow him to abstain from voting on items 14a, 14b and 14c regarding agreements with The Dow Chemical Company. Councilman Tysse is currently employed by The Dow Chemical Company. Council unanimously agreed to the abstention. The following three resolutions were then presented to Council for consideration.

Deed - Dow Fabricated Products Roadway (Dow Chemical Co.)  The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the attached Quit-Claim Deed from The Dow Chemical Company to the City of Midland for the right of way required to construct and maintain a public roadway across property in Section 2, T14N, R2E; Section 34, T15N, R2E; and Section 35, T15N, R2E City of Midland, County of Midland is hereby accepted and ordered recorded. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

 

 

Easement - Dow Fabricated Products Roadway (Dow Chemical)  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached Easement Agreement between The Dow Chemical Company and the City of Midland for the right of way required to construct and maintain a maintenance access road and water elevation control berm across property in Section 2, T14N, R2E City of Midland, County of Midland is hereby accepted and ordered recorded. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

 

Donation Agreement - Dow Fabricated Products Roadway The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute a Donation Agreement, approved as to form by the City Attorney, between The Dow Chemical Company and the City of Midland for the right of way required to construct and maintain a public roadway across property in Section 2, T14N, R2E; Section 34, T15N, R2E; and Section 35, T15N, R2E City of Midland, County of Midland. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Easement - Waldo Road Widening (Kaminski)   The following resolution was offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the attached Easement Agreement between Timothy C. Kaminski and Jennifer M. Kaminski and the City of Midland for the right of way and permanent easement required to construct and maintain a storm sewer and yard drainage structures maintenance access road and water elevation control berm across property in Section 2, T14N, R2E City of Midland, County of Midland is hereby accepted and ordered recorded. (Motion adopted.)

Easement - Isabella Street Sewer & Water (Schlafley) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached Easement Agreement from Russell E. Schlafley and Maxine P. Schlafley, Trustees of the Russell and Maxine Schlafley Living Trust to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street, in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Easement - Isabella Street Sewer & Water (Trapani)  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached Easement Agreement from Philip Trapani and Dorothy G. Trapani, Trustees of the Trapani Management Trust to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street, in Section 13, T14N, R1E of Midland County is hereby accepted and ordered recorded. (Motion adopted.)

Utility Easement - Isabella Street Sewer & Water ( Strayer)  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached Utility Easement Agreement from Ellen M. Strayer to the City of Midland for the right of way required to construct and maintain a sanitary sewer and water main system along Isabella Street, in Section 13, T14N, R1E of Midland County is hereby accepted and the City Clerk and Mayor are authorized to execute the agreement and order the agreement recorded. (Motion adopted.)

MDOT Contract under $20,000 Passenger Transportation Services  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 1999 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 1998 to September 30, 1999. (Motion adopted.)

TCO P-97-18 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. P-97-18 filed December 17, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

TCO R-97-09 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. R-97-09 filed December 17, 1997 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

98 Surface Treatment Program The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

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

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal submitted by Terry Construction, Inc. of Hamilton, Ohio, for the "1998 Surface Treatment Program; Contract No. 5", in the indicated amount of $163,220.15, 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.)

Midland Economic Development Council - Service Agreement  Robert Fisher, Director of Fiscal Services, presented   information regarding an agreement between the City of Midland and the Midland Economic Development Council for economic development services. Charles Hepenstal, 1317 North Parkway, opposed the agreement stating he felt it was government interfering with business. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Mayor and City Clerk are authorized to execute an agreement for the year July 1, 1997 through June 30, 1998 with the Midland Economic Development Council (formerly Midland County Economic Growth and Development Corporation) for economic development efforts at a cost to the City not to exceed $85,000. (Motion adopted.)

Farbman Group - Listing Agreement for Kroger Building  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City received approval from the voters in 1996 to sell the Kroger Building; and

WHEREAS, City staff have no valid offers for the sale of the building upon expiration of the 45-day period established by the City Council on December 23, 1997; and

WHEREAS, the City has been approached by the Farbman Group to act as the City’s sales agent to market and obtain viable offers for the property; now therefore

RESOLVED, that the City of Midland enter into a listing agreement with the Farbman Group to provide services that would present an offer to purchase the Kroger Building and that the Mayor and City Clerk be authorized to sign such listing agreement. (Motion adopted.)

Purchase - Two Rotary Mowers   The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for 72" rotary mowers (Bid No. 2164); and

WHEREAS, funding for these mowers in the amount of $23,000 is provided in the 1997-98 Equipment Revolving Fund Investment in Assets budget for "Mowers," account number

640-000-970-985.139; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Bader Bros. Inc. of Birch Run, Michigan for two (2) John Deere F935 72" mowers at the unit price of $11,676.00 per mower, with a trade-in allowance of $9,545.00 for three (3) old City mowers for a net cost of $13,807.00 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposals and the City specifications. (Motion adopted.)

Purchase - Two Cars (DPS) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for administrative cars (Bid No. 2165); and

WHEREAS, the City of Midland is a member of the State of Michigan’s Extended Purchasing Program, which includes the purchase of administrative cars; and

WHEREAS, funding for these cars in the amount of $26,000 is provided in the 1997-98 Equipment Revolving Fund Investment in Assets budget for "Cars," account number 640-000-970-985.101; now therefore

RESOLVED, that all sealed proposals received by local vendors are hereby rejected; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order in accord with the State of Michigan specifications to Berger Chevrolet of Grand Rapids, Michigan in the amount of $22,504.00 for the purchase and delivery of two (2) administrative cars. (Motion adopted.)

Purchase - Pickups & Vans (DPS) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for pickups and vans (Bid No. 2166); and

WHEREAS, the City of Midland is a member of the State of Michigan’s Extended Purchasing Program, which includes the purchases of pickups and vans; and

WHEREAS, funding for two pickups in the amount of $41,000 is provided in the 1997-98 Wastewater Fund Investment in Assets budget; funding for one pickup and one van in the amount of $36,000 is provided in the 1997-98 Equipment Revolving Fund Investment in Assets budget; funding for one van in the amount of $20,000 is provided in the 1997-98 Water Fund Investment in Assets budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue the following purchase orders: $23,306.00 for one 3/4 ton 4 x 4 pickup, $19,253.00 for one 1 ton pickup with topper, and $17,969.00 for one 1 ton pickup (without box) to Martin Chevrolet of Saginaw, Michigan in accord with the City of Midland specifications; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue the following purchase orders: $16,191.00 for one 3/4 ton window van and $16,091.00 for one 3/4 ton cargo van to Red Holman Chevrolet-GMC of Westland, Michigan in accord with the State of Michigan specifications. (Motion adopted.)

Zoning Petition No. 430 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 23, 1998, at 7:30 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.

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 RESIDENTIAL A-1 AND A BUSINESS B-2 ZONING CLASSIFICATION WHERE TOWNSHIP 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:

be, and the same is hereby changed to a Residential A-1 District; and

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.)

Zoning Petition No. 432 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 23, 1998, at 7:30 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.

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 CLASSIFICATION 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:

be, and the same is hereby changed to a Business C District; and

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.)

 

Being no further business the meeting adjourned at 10:20 p.m.

 

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Penny K. Kovacevich, City Clerk