April 13 , 1998

 

A regular meeting of the City Council was held on Monday, April 13, 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 March 11, March 23 and April 6 special and March 23 regular meetings was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Proclamation of Welcome French-American Exchange Program The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Welcome to visitors from Epinac, France, participating in the French-American Exchange Program. (Motion adopted.)

Library Week The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of April 19 - 25, 1998, as GRACE A. DOW MEMORIAL LIBRARY WEEK in Midland. (Motion adopted.)

ZTA No. 131A (Ord. 1411) James Schroeder, Director of Planning and Community Development, introduced the proposed Zoning Text Amendment No. 131A which adds a new Article X--Historic Preservation Overlay District and also amends the Zoning Map to reflect the Overlay District. The public hearing was opened at 7:41 p.m. Edward Saunders, Chair of the West Main Street Historic District Commission, living at 714 W. Main Street, spoke in favor of the proposed amendments. The hearing closed at 7:44 p.m. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:

ORDINANCE NO. 1411

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 ORDINANCE BY ADDING A NEW ARTICLE X--HISTORIC PRESERVATION OVERLAY DISTRICT.

The City of Midland Ordains:

Section 1. That a new Article X--HISTORIC PRESERVATION OVERLAY DISTRICT, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby added and shall read as follows:

ARTICLE X--HISTORIC PRESERVATION OVERLAY DISTRICT

Section 10.1 AREA, HEIGHT, AND PLACEMENT REGULATION

  1. Any deviations from required setbacks and other development standards resulting from the work can be documented as being an historically appropriate rehabilitation activity.
  2. The work is approved by the local Historic District Commission, if the proposed work exceeds the minimum requirements of the underlying zoning district.
  3. The work is not in conflict with other applicable local, state, or national codes.

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. (Ordinance adopted.)

ZTA No. 131A (Ord. 1412) The following ordinance amending the Zoning Map to reflect the Overlay District was offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1412

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 AN HISTORIC PRESERVATION OVERLAY DISTRICT.

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 amended to add an Historic Preservation Overlay District.

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. (Ordinance adopted.)

PUBLIC COMMENTS Charles Hepenstal, 1317 North Parkway, requested that information contained on Council Agendas be released for public review prior to Council meetings. Richard McCreadie, 2700 Washington, complained about what he considered a lack of ethics and integrity on the City’s part. Alexander Waier, 511 E. Nelson, felt that Barstow Airport should be closed, proposed that the City consider the possibility of building a new wastewater treatment plant on the other side of town. He also proposed the building of a holding pond at the soccer fields to help the water flow problem.

98-99 Proposed Budget Jack Duso, Assistant City Manager, presented the City Manager’s Proposed 1998 - 99 Budget. Dorothy Lengerman, 405 E. Nelson, voiced her concern about the continued approval of new construction projects to be connected to the sewer system. Charles Hepenstal, 1317 North Parkway, requested that detail on the proposed budgets be made available to the public. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 1998-99 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date as required by Section 11.2 of the Charter and are ordered placed on file for public examination; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 1998-99 budget shall be conducted on Monday, April 27, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 1998-99 budget shall be conducted on Monday, May 11, 1998, at 7:30 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 1998-99 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 1997-98 budget and the 1998-99 proposed budget. (Motion adopted.)

Special Assessment Roll - 1997 Chippewa & Smith St. Improvement  Diane Dryzga, City Assessor, presented the special  assessment roll for the 1997 Chippewa and Smith Street Improvement Special Assessment District. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, pursuant to due notice to all interested parties the 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 paving improvements on the "1997 CHIPPEWA & SMITH STREET 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 $66,405.15 and that the total estimated cost of said improvements is $96,000.00, and the City at large cost is $29,594.85; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 1998, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; 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 Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; 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 five annual installments with interest. (Motion adopted.)

Friends of the Grace A. Dow Library (Nonprofit Organization)   The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the request from the Friends of the Grace A. Dow Memorial Library of Midland, County of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a gaming license or registration be considered for approval. (Motion adopted.)

Site Plan No. 165 James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 165 for a 10 unit apartment complex on the east side of Jefferson Avenue south of West Wackerly Street. Gayle Hanna, 3000 Mt. Vernon, objected to further additions to the sewer system. Charles Hepenstal, 1317 North Parkway, spoke in opposition to approval of site plans that need to be connected to sanitary sewers that cannot handle the extra flow. The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 165, the request of David Rapanos for site plan review and approval of a 10-unit apartment complex on .78 acres on the east side of Jefferson Avenue south of West Wackerly Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 165, in accordance 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. 165, in accord with the drawing dated as received March 12, 1998. (Motion adopted.)

Site Plan No. 166 James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 166 for 14 residential townhouses in three buildings on the east side of Colorado Court extended northeasterly from Walsh Court. Dorothy Lengerman, 405 E. Nelson, opposed approval of site plans and requested that Council consider its priorities. Alexander Waier, 511 E. Nelson, felt the problem with the sanitary sewer was not the footing drains. Richard McCreadie, 2700 Washington, opposed connection of new residents to the system. Ivan Grasely, 1315 Mill Street, objected to new connections. Dorothy McMillan, 413 E. Nelson, opposed additional connections to the sanitary sewer system. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 166, the request of Steven Rapanos, on behalf of AV Builders, for site plan review and approval of Colorado Court Apartments, consisting of 14 residential townhouses in three buildings (two 5-unit buildings and one 4-unit building) on 1.19 acres on the east side of Colorado Court extended northeasterly from Walsh Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 166, in accordance 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. 166, in accord with the drawing dated as received April 6, 1998. (Motion adopted.)

Petition for Water - 702 Union The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the staff response to a petition for water service at 702 Union Street be received and filed in the office of the City Clerk. (Motion adopted.)

97 Annual Report -Saginaw/Midland Water Supply Corporation  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached 1997 Annual Report of the operation of the Saginaw/Midland Municipal Water Supply Corporation be received and filed in the office of the City Clerk. (Motion adopted.)

Request to Close South End of Woodlawn Stree   James Schroeder, Director of Planning and Community t Development, presented information regarding the proposed closure of the end of Woodlawn Street. Larry Smith, 4009 Woodlawn, opposed the closing of the end of Woodlawn Street. The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that a request to close the south end of Woodlawn Street at its intersection with North Saginaw Road, resulting in a cul-de-sac, be referred to the City Planning Commission, the City Engineering Department, the Fire Department, the Department of Public Services, and Mr. Stan Cool, the City’s Traffic Engineering Consultant, for review and comment for recommendation to the City Council. (Motion adopted.)

98 CHOICE Program - Federal Home Loan Bank Grant Application  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the Midland City Housing Commission and City Administration desire to submit a joint application with Wolverine Bank to the Federal Home Loan Bank of Indianapolis for funding to assist in the affordability of the CHOICE Program; and

WHEREAS, the application is for forty thousand dollars ($40,000.00) for second mortgage assistance for ten houses; and

WHEREAS, the CHOICE program requirements will have to be adjusted to comply with grant requirements; now therefore

RESOLVED, that the City Administration is hereby authorized to apply jointly with Wolverine Bank to the Federal Home Loan Bank of Indianapolis for funding for CHOICE projects. (Motion adopted.)

98 Chippewa & Smith Street Improvement; Contract No. 6  The following resolution was offered by Councilman Coppage 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 construction of street improvements on all of Chippewa Lane and on Smith Street from Isabella to Chippewa; and

WHEREAS, funding for this project is provided by the Local Street Fund (Account No. 802-274), and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting of Midland, Michigan, for the "1998 Chippewa & Smith Street Improvement; Contract No. 6", in the indicated amount of $81,344.40, 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.)

98 Eastman Avenue Sewer Repairs; Contract No. 19   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 sewer repairs on Eastman Avenue; and

WHEREAS, funding for this project is provided by the Sewer Fund (Account No. 402-796); now therefore

RESOLVED, that the low sealed proposal submitted by S.O.S. Service Group of Brighton, Michigan, for the "1998 Eastman Avenue Sewer Repairs; Contract No. 19", in the indicated amount of $24,170.00 be rejected based on non-compliance with bid specifications; and

RESOLVED FURTHER, that the second low sealed proposal submitted by Liquiforce Sewer Services, for the "1998 Eastman Avenue Sewer Repairs; Contract No. 19", in the indicated amount of $24,820.00 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.)

Contract for Audit Services The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the contract between the City of Midland and Plante and Moran, L.L.P. for independent auditing services provides that fees for the year ended June 30, 1998 and 1999, shall be determined prior to commencement of the audit work; now therefore

RESOLVED, that Plante and Moran’s proposed maximum fee of $38,900 for audit of the City’s financial statements and the federal single audit for each of the years ended June 30, 1998 and 1999, is hereby accepted, and the Mayor and City Clerk are authorized to execute a memorandum of acceptance. (Motion adopted.)

Contracted Legal & Appraisal Services for Tax Appeals  Councilman Tysse, a current employee of The Dow Chemical Company, requested Council allow him to abstain from voting on Items 13a, 13b and 13c. Items 13a, 13b and 13c all deal with The Dow Chemical Company. Council unanimously agreed to the abstention.

Robert Fisher, Director of Fiscal Services, gave a presentation on the status of tax appeals pending for The Dow Chemical Company, the Dow Corning Corporation and the Midland Cogeneration Venture. The following three resolutions were then presented to Council for consideration.

Budget Transfer - Tax Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the assessment of a 1% administration fee was approved as part of the 1997-98 City of Midland budget; and

WHEREAS, the purpose of that fee is to fund the revaluation of property located within the City of Midland and to defend the assessments of the Midland Cogeneration Venture (MCV), The Dow Chemical Company and the Dow Corning Corporation that have been appealed to the Michigan Tax Tribunal; and

WHEREAS, the budget for fiscal year 1997-98 allotted $450,000 of the anticipated revenue from the administration fee to the revaluation and $350,000 to the defense of the assessment appeals; and

WHEREAS, the progress of the assessment appeals has exceeded that which was anticipated and are more costly than anticipated and, as such, an additional appropriation is required to fund the defense of these appeals during the 1997-98 fiscal year; and

WHEREAS, the entire amount allocated to the revaluation in the 1997-98 fiscal year budget will not be required during this fiscal year for that purpose; now therefore

RESOLVED, that $312,820 shall be transferred from the account established for the revaluation to the various accounts established for the defense of the assessment appeals. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Payment for Contracted Appraisal Services - Tax Appeals The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

WHEREAS, The Dow Chemical Company appealed the 1997 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained by the City of Midland to provide appraisal reports of the aforementioned properties; and

WHEREAS, on September 22, 1997, the City Council authorized payment to said appraisal firms for its services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in an amount not to exceed $100,000; and

WHEREAS, the progress and the cost of the assessment appeals has exceeded that which was originally anticipated and as such, an additional appropriation is required for payment of services rendered by said firms during the 1997-98 fiscal year; now therefore

RESOLVED, that payment to the appraisal firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company assessment appeals is hereby authorized in an amount not to exceed $415,000.00. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Legal Services - Tax Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the Midland Cogeneration Venture (MCV) appealed its 1997 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the law firms of Braun, Kendrick, Finkbeiner, P.C., Westrate and Holmstrom, and Spiegel & McDiarmid have been retained to assist the City of Midland in its defense of MCV’s assessment appeal; and

WHEREAS, the cost of said services from each firm is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-19 of the Code of Ordinances; and

WHEREAS, said services are professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; now therefore

RESOLVED, that payment to the law firms of Braun, Kendrick, Finkbeiner, P.C., Westrate and Holmstrom, and Spiegel and McDiarmid for continued legal services in the matter of the aforementioned appeal is hereby authorized in an amount not to exceed $100,000. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Northwood University - Outdoor Concert Downtown Midland Councilman Coppage requested Council allow him to abstain from voting on the request from Northwood University’s Alden B. Dow Creativity Center to conduct an outdoor concert in downtown Midland. Councilman Coppage’s wife works for the Creativity Center. Council unanimously agreed to the abstention. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the March 19, 1998, request from Northwood University’s Alden B. Dow Creativity Center to conduct an outdoor concert in downtown Midland on Friday, June 12, 1998, from 7:00-10:00 p.m. is hereby approved subject to the requester meeting the following conditions:

(Motion adopted. Yeas: Black, Moolenaar, Tysse, Wazbinski Nays: None Abstained: Coppage)

T-Hangar Lease Agreements Jerry Hammond, City Engineer presented information regarding the approval of lease agreements for T-Hangars at the Barstow Airport. Charles Hepenstal, 1317 North Parkway, objected to lease of hangar units by the City and stated he believed the hangars should be sold. The following four resolutions were then presented to Council for consideration.

Hangar 11-A, Unit 3 (Mulder) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, Al Mulder desires to rent Unit #3 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #3; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #3 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

Hangar 11A, Unit 4 (Vaughn) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, Charles R. Vaughn desires to rent Unit #4 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #4; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #4 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

Hangar 11A, Unit 5 (Meridian Aero) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, Meridian Aero Club desires to rent Unit #5 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #5; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #5 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City.

(Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

Hangar 11A, Unit 8 (Bourne) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, Robert E. Bourne desires to rent Unit #8 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #8 ; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #8 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

98 SARA The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the 1998 Downtown Economic Revitalization Public Improvement Program in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said district being described as:

Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of

Section 21, and the Northeast 1/4 of Section 20, bounded by the center line of Jerome,

Buttles and Cronkright Streets, and the Tittabawassee River, all within the City of

Midland, Midland County, Michigan.

and;

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement program; now therefore

RESOLVED, that the Council finds and determines that the construction of said improvements, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is one (1) year; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

"1998 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

which is hereby established and that said district comprises the following described lands and premises:

Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of

Section 21, and the Northeast 1/4 of Section 20, bounded by the center line of Jerome,

Buttles and Cronkright Streets, and the Tittabawassee River, all within the City of

Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvements and work to be done thereunder in said District shall consist of promotion and events, Christmas decoration rental and contributions toward salary and miscellaneous expenses for the Downtown Coordinator to assist in the revitalization program, and that the total estimated cost and expense thereof is thirty-six thousand sixteen dollars and 20 cents ($36,016.20); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large, County, and/or DDA shall be zero ($0) and that all other costs and expenses of said revitalization program amounting to thirty-six thousand sixteen dollars and 20 cents ($36,016.20) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvements is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said city on Monday, May 11, 1998 at 7:30 p.m., then and there to hear any objections or suggestions on the proposed improvements; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan 1962. (Motion adopted.)

98 Sidewalk Improvement Program (Cypress/Hillcrest/Ottawa) Jerry Hammond, City Engineer, presented information regarding a hearing of necessity for the "1998 Sidewalk Improvement Program". Eric Sweden, 210 Norfolk, opposed the placement of sidewalk on Norfolk. Lawrence Thompson, 314 Norfolk, also opposed the construction of sidewalk on Norfolk Drive. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion adopted.)

98 Sidewalk Improvement Program (Setting Hearing of Necessity) The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

;and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Park Walkway from Concord Street to Greenfield Park is hereby removed from the 1998 Sidewalk Improvement Program and referred to the City administration for construction in the 1998 construction year; and

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the "1998 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" and that said district comprises and includes the following described lands and premises, to wit:

;and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is two hundred twenty-three thousand thirty-five dollars ($223,035); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be forty-nine thousand three hundred seventy-one dollars ($49,371) and that all other costs and expenses of said improvement amounting to one hundred seventy three thousand six hundred sixty-four dollars ($173,664) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 18, 1998 at 7:30 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion adopted.)

98 Sidewalk Inventory List (Cul-de-sacs) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that all cul-de-sacs on the 1998 Sidewalk Inventory List be moved to a category 5 status. (Motion adopted.)

NEW BUSINESS:

Softball Field Lighting Relocation Martin McGuire, Director of Public Services, presented information regarding the relocation of softball field lightsfrom Currie West fields No. 20 and 21 to St. Charles fields No. 5 and 6. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, a project to relocate softball field lights from Currie West fields number 20 and 21 to St. Charles fields 5 and 6 was inadvertently omitted from the 1997-98 Public Improvements budget; and

WHEREAS, $35,000 is available from the unused portion of the 1997-98 budget for City Share of Sidewalk Construction, account number 101-000-936-988.005, and $13,000 is available from the 1997-98 budget for Major Maintenance - Parks Facilities, account number 101-000-936-988.011; and

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for softball field lights relocation; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $35,000 from City Share of Sidewalk Construction and $13,000 from Major Maintenance - Parks Facilities to the 1998 Softball Field Re-Lighting project, account number 101-000-936-976.128; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Blasy Electric of Midland, Michigan for the lump sum amount of $45,500 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for the same. (Motion adopted.)

3/31/98 Overflow Report - Wastewater Treatment Plant Noel Bush, Director of Utilities, presented a report on the March 31, 1998 overflow. On March 31, 1998, the City of Midland received 1.42" of rain causing the Wastewater Treatment Plant to exceed its designed capacity, overflowing excess water to the Tittabawassee River.

 

Being no further business the meeting adjourned at 11:07 p.m.

 

 

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Penny K. Kovacevich, City Clerk