June 8, 1998

A regular meeting of the City Council was held on Monday, June 8, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Pro-Tem Coppage presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: Drummond Black (excused)

Minutes  Approval of the minutes of the May 18 regular and May 20 and May 21 special meetings was offered by Councilman Tysse and seconded by Councilman Moolenaar. (Motion adopted.)

SESAC Communication Process Selina Tisdale, Community Relations Coordinator, gave a brief update on the Sewer Engineering Study Advisory Committee (SESAC) communication process.

Make Midland Beautiful Posters Mayor Pro-Tem Coppage recognized and presented a purple ribbon to Midland Public Elementary School Children for posters created for the Make Midland Beautiful Program.

98 Pangborn Scholarship Awards Penny Kovacevich, City Clerk/Treasurer, introduced the 1998 Weyant M. Pangborn Scholarship Award recipients.   Cheryl Ann Lefler was given a $1,000 award and Andrew Kosick was given a $500 award. Mayor Pro-Tem Coppage then presented an Award Certificate to each recipient.

Cinema Drive - Abandonment of Road Right of Way/Easement   James Schroeder, Director of Planning and Community Development, presented information on a request to abandon the road right of way/easement from Cinema Drive to a point approximately 340 feet west of Jefferson Avenue. A public hearing was opened at 7:50 p.m., no comments were made, the hearing closed at 7:51 p.m. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, by resolution dated April 27, 1998, the Midland City Council, acting upon the request of Mark Maddox, Attorney, on behalf of Bennett Construction, Inc., and Midland Cinemas, Inc., for a determination as to whether the City of Midland has any objections to the abandonment of a Michigan Department of Transportation road right-of-way/easement across property owned by the Midland Cinemas and Bennett Construction, from Cinema Drive to a point approximately 340 feet west of Jefferson Avenue, referred the matter to the Midland City Planning Commission, and the City Engineer for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending relinquishment of the roadway easement; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the request, subject to any rights that The Dow Chemical Company may have on the property; and

WHEREAS, a public hearing was held on June 8, 1998, to hear comments from interested parties; and

WHEREAS, it is hereby determined that such proposed action will not adversely affect the health, welfare, comfort, and safety of the people of the City of Midland, and is an action in the public interest; now therefore

RESOLVED, that the City Council has no objection to the relinquishing of the roadway easement by the Michigan Department of Transportation on the above-described lands. (Motion adopted.)

98 SARA Assessment Roll Diane Dryzga, City Assessor, presented information on the "1998 Downtown Economic Revitalization Public Improvement Special Assessment District". A public hearing was opened at 7:55 p.m., no comments were made, the hearing closed at 7:56 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Wazbinski:

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 a certain revitalization program on the "1998 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $36,016.20 and that the total estimated cost of said improvements is $36,016.20, and the City at large cost is zero (0); and

RESOLVED FURTHER, that the amount of said roll shall be collected during the year of 1998; 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 as directed by the Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading said Roll on July 1, 1998 without interest. (Motion adopted.)

97-98 Budget Amendment Robert Fisher, Director of Fiscal Services, presented information on a request to recognize additional revenue from the Tax Administration Fee. The Tax Administration Fee is expected to generate $90,000 more than the $800,000 revenue budgeted in the 1997-98 General Fund budget. For this reason, Fiscal Services is recommending the 1997-98 General Fund budget be amended to appropriate the additional $90,000 revenue. A public hearing was opened at 7:58 p.m., no comments were made, the hearing closed at 7:59 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, in accordance with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, June 8, 1998, on the proposal to amend the 1997-98 budget of the General Fund in order to recognize and provide for the appropriation of additional revenue generated by the 1997 tax administration fee; now therefore

RESOLVED, that the 1997-98 budget of the General Fund is hereby amended by increasing revenue from Tax Administration Fee by the amount of $90,000 and increasing appropriations for Tax Appeals Defense Costs by the amount of $90,000. (Motion adopted.)

Public Comments No comments were made.

Ordinance Amendment - Various Permit Fees  Brian McManus, Assistant City Engineer, presented information on an amendment to Sections 21-31, 21-40 and 22-41 and a new Section 21-27 of the Code of Ordinances. Introduction and first reading of the following ordinance amendment was then 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 SECTIONS 21-31 AND 21-40 OF CHAPTER 21; AND BY RENUMBERING SECTION 22-41 OF CHAPTER 22 AS SECTION 21-27 OF CHAPTER 21 AND AMENDING SAID SECTION THEREOF.

The City of Midland Ordains:

Section 1. Sections 21-31 and 21-40 of Chapter 21 are hereby amended to read as follows:

Sec. 21-31. Moving building permit fee.

The fee for a permit to move a building shall be ten dollars ($10.00). TWENTY-FIVE DOLLARS ($25.00).

Sec. 21-40. Sidewalk construction permit fee.

The fee for a sidewalk construction permit shall be three dollars ($3.00). TWENTY-FIVE DOLLARS ($25.00).

Section 2. Section 22-41 of Chapter 22 is hereby renumbered as Section 21-27 of Chapter 21 and amended to read as follows:

 

Sec. 22-41.

SEC. 21-27. Street and Right-of-Way work permit fees.

The fee for each permit required by this article for performing work in the street shall be as follows:

Street opening permit .............................................. $ 5.00 $ 50.00

Driveway approach and curb cut permit:

Commercial driveways ................................. $ 20.00 $ 100.00

All others ..................................................... $ 2.00 $ 10.00

Annual public utility permit .................................. $200.00 $ 2,000.00

Public Utilities performing major construction or repairs of utility services must secure a street opening permit for each project that requires street openings or right-of-way disturbance pursuant to Section 22-38 of this Code regardless of acquisition of an annual permit..

Section 3. This ordinance shall take effect at 12:01 a.m. on July 1, 1998. (Motion adopted. Considered first reading.)

Inspection Fees Ordinance Sanitary & Storm Sewer Connections Noel Bush, Utilities Director, presented information regarding an amendment to Chapter 21 of the Code of Ordinances to increase fees for inspection of sanitary and storm sewer connections. Introduction and first reading of the following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO.________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-43 SEWER CONNECTION FEES OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

(a) There are hereby established three (3) separate classifications of sewer connection permits:

(b) For the discharge of domestic wastes into designated sanitary sewers, a sewer connection permit shall not be granted until the applicant has paid the proper fee established in accordance with the following schedule of fees and classification of property:

(c) For the temporary discharge of stormwater or intercepted ground water into a designated sanitary sewer, no permit shall be issued except for a specified time period and upon a determination by the utilities department that no significant harm will result as based on rules and regulations adopted by the city council. Any such connection granted will be subject to disconnection without notice if the conditions for which the determination of no harm was made become changed.

    1. The cost of a temporary permit to drain a construction site shall be ten dollars ($10.00) for a maximum period of fifty (50) days where the outlet is regulated by a one-inch diameter orifice subject to a maximum of twelve (12) inches hydraulic head and a requirement that notice be given to the permitting agency when said temporary connection is removed. Under extenuating circumstances, a day-to-day extension beyond the initial fifty (50) day period may be granted. The permit fee for any extension beyond the initial fifty-day period shall be ten dollars ($10.00) per day.
    2. The cost of temporary permits to drain other situations shall be determined on a case-by-case basis where the amount of liquid to be drained shall be determined, and a permit fee of one dollar ($1.00) per thousand (1000) gallons levied.

(d) Evidence of tampering with any flow-regulating device shall be grounds for revocation of a temporary permit and shall be considered a misdemeanor.

Section 2. This ordinance shall take effect at 12:01 AM July 1, 1998. (Motion adopted. Considered first reading.)

Filtered Water Rate Ordinance Amendment Noel Bush, Utilities Director, presented information on an amendment to the Filtered Water Rate Ordinance. Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES FOR FILTERED WATER SERVICE BY AMENDING SECTION 28-70 OF DIVISION 4 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1. Sec. 28-70 of Division 4 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-70. Filtered water rate generally.

All filtered water bills shall be calculated according to the following:

(a) For each 1,000 gallons used per quarter . . . . . $ .94 $ .97

In addition to the rate set forth in this section for the use

5/8" - 3/4" metered service . . . . . . . . . $24.36 $ 27.21

1" metered service . . . . . . . . . . . . . . . 31.65 35.40

1-1/4" metered service . . . . . . . . . . . . 36.54

1-1/2" metered service . . . . . . . . . . . . 38.97 43.56

2" metered service . . . . . . . . . . . . . . . 63.30 70.77

3" metered service . . . . . . . . . . . . . . . 243.51 272.19

4" metered service . . . . . . . . . . . . . . . 316.56 353.85

6" metered service . . . . . . . . . . . . . . . 462.66 517.17

8" metered service . . . . . . . . . . . . . . . 657.45 734.94

(b) Gross rates shall be ten (10) percent greater than the above

Section 2. This ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Sewer Ordinance Amendment Noel Bush, Utilities Director, presented information regarding an amendment to the Sewer Ordinance - Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances. Ned Bowden, 2512 Bond Court, spoke in opposition to the method used to calculate rates for services. Introduction and first reading of the following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES FOR SEWER SERVICES BY AMENDING SECTION 28-163 OF DIVISION 3, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1. Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The charges for sewer service shall be calculated according to the following schedule:

(a) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

5/8" - 3/4" metered service . . . . . . . . . $ 20.04 $ 21.45

1" metered service . . . . . . . . . . . . . . 26.04 27.90

1-1/4" metered service . . . . . . . . . . . . 30.06

1-1/2" metered service . . . . . . . . . . . . 32.07 34.35

2" metered service . . . . . . . . . . . . . . 52.11 55.80

3" metered service . . . . . . . . . . . . . . 200.40 214.59

4" metered service . . . . . . . . . . . . . . 260.52 278.97

6" metered service . . . . . . . . . . . . . . 380.76 407.73

8" metered service . . . . . . . . . . . . . . 541.08 579.42

(b) In addition to the readiness-to-serve charge set forth in paragraph (a) of this section, there will be an additional charge for sewer service which will be calculated as follows:

For each 1,000 gallons of water used per quarter . . . . . $1.19 $1.23

Section 2. This ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Grove Street Commons (Introduction & Comments)   James Schroeder, Director of Planning and Community Development, presented information regarding an ordinance amendment to Section 2-261 and 2-262, Article XIII, Chapter 2 and also adding a new Section 2-261.(A), 260.4, and 2-264.2 to Article XIII, Chapter 2. Mr. Schroeder then presented information on a proposed resolution that would approve Site Plan No. 169 for Grove Street Commons, a residential development on property bounded by East Indian, State and Grove Streets. He also presented information on a proposed resolution to approve the option to purchase the land on the corner of Indian and State Streets by the Affordable Housing Alliance, contingent upon their obtaining financing for the proposed housing project. The following includes comments on Agenda Items 11, 12 and 13 all having to do with the Affordable Housing Alliance’s request:

John Zimmerman, 2825 Chippewa Lane, representing Affordable Housing Alliance (AHA), spoke in favor of the project and requested Council look favorably on Agenda Items 11,12 and 13 regarding the project bounded by East Indian, State and Grove Streets. Phillip Seybert, a consultant hired by AHA from P.S. Equities, Inc. in Mt. Pleasant, spoke in favor of the project. Trisha Sibley, 625 E. Grove, presented a list of questions to AHA regarding this project and stated she was opposed to units without further information from AHA. Ms. Sibley presented a list of residents who are opposed to the Grove Street Commons project and volunteered her time to work with AHA to see if units could be built for ownership instead of rental. Kyle Baldwin, 602 State, voiced his concern over the safety of children and the traffic issue. He felt allowing the bare minimum in parking (2 spaces per unit) was insufficient, this minimum does not allow for visitor parking. Marsha Bowers, 807 E. Grove, felt 12 units built on less than an acre of property did not allow enough room for these units. Ms. Bowers indicated she felt property located on Patrick Road would be a more appropriate area for these units. James Schroeder, Director of Planning and Community Development, stated the Grove Street Commons Site Plan was in accord with the requirements of the Zoning Ordinance and was recommended for approval by the Planning Commission. Phillip Seybert, consultant for AHA, indicated he believed W. S. Smith Company, based in Mt. Pleasant, would probably be the manager of the units, but would not actually have anyone living on the site because of the limited amount of units available. Robert L. Downing, 716 E. Pine Street, felt the "tot lot" was too small and requested AHA consider enlarging this area. Robert Howard, 4413 Trail Wood Circle, stated he felt the developer had the most to gain from this project. Sharon Oriel, 3110 McKinley Road and President of the AHA Board of Directors, indicated the AHA Board had elected to have Phillip Seybert present the facts feeling that he was an expert on such projects. Mr. Seybert stated his role was to simply act as a consultant to see the project to a successful completion. Marsha Bowers, 807 E. Grove, expressed concern regarding disruptions at the units after 5:00 p.m. when no management was on site. The following three items were then presented for consideration.

P.I.L.O.T. for Grove Street Commons  Introduction and first reading of the following ordinance amendment was offered by Councilman Tysse and seconded by Councilman Wazbinski:

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 2-261, 2-262, AND 2-267, ARTICLE XIII, CHAPTER 2, AND BY ADDING NEW SECTIONS WHICH SHALL BE DESIGNATED SECTIONS 2-261.(B), 2-260.4, AND 2-264.2, ARTICLE XIII, CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1. Article XIII, Chapter 2, Section 2-261, Tax Exemptions for HOUSING DEVELOPMENTS FOR Charter Square, Green Hill, Bracken Woods, ELDERLY AND LOW-INCOME PERSONS is hereby amended to read as follows:

Sec. 2-261: Definitions.

 

(b) (A) Act means the State Housing Development Authority Act, being Public Act 346 of 1966 of the State of Michigan, as amended.

(B) ANNUAL SHELTER RENT MEANS THE TOTAL COLLECTIONS DURING AN AGREED ANNUAL PERIOD FROM ALL OCCUPANTS OF A HOUSING DEVELOPMENT REPRESENTING RENT OR OCCUPANCY CHARGES, EXCLUSIVE OF CHARGES FOR GAS, ELECTRICITY, HEAT, OR OTHER UTILITIES FURNISHED TO THE OCCUPANTS.

 

(a) (C) Authority means the Michigan State Housing Development Authority.

 

(c) (D) Contract rents are defined by the US Department of Housing and Urban Development in regulations promulgated pursuant to the US Housing Act of 1937, as amended by the Housing and Community Development Act of 1947. It is understood that such rents are meant to be the tenants’ rental contributions plus any federal subsidies.

 

(d) (E) Elderly shall mean a family wherein the head of the household is sixty-two (62) years of age or older or a single person who is sixty-two (62) years of age or older.

 

(e) (F) Housing development means a development which contains a significant element of housing for low-income persons or elderly persons of low income and such elements of other housing, commercial, recreational, industrial, communal and educational facilities as the authority determines improve the quality of the development as it relates to housing for low-income persons or elderly persons of low income.

 

(f) (G) Low-income persons means persons and families eligible to move into a housing development financed by the authority.

 

(g) (H) Mortgage loan means a loan made or to be made by the authority to sponsors for the construction and/or permanent financing of the housing development.

 

(h) (I) Sponsor means person or entities which have applied to the authority for, or previously received from the authority, a mortgage loan to finance a housing development, OR WHICH HAVE APPLIED TO THE AUTHORITY FOR A RESERVATION/ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.

 

(i) (J) Utilities means fuel, water, sanitary sewer service and/or electrical service, which are paid by the development.

Section 2. Article XIII, Section 2-262, is hereby amended to read as follows:

Sec. 2-262. Class of housing developments.

It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act. It is further determined that GROVE STREET COMMONS, Bracken Woods Apartments, and the elderly portions of Charter Square and Green Hill are of this class.

Section 3. Article XIII, Sections 2-260.4 and 2-264.2 are hereby added to read as follows:

SEC. 2-260.4. GROVE STREET COMMONS.

THE CITY ACKNOWLEDGES THAT THE AFFORDABLE HOUSING ALLIANCE OF MIDLAND COUNTY, A 501(C)(3) CORPORATION (A SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO AN ALLOCATION OF TAX CREDIT FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS GROVE STREET COMMONS APARTMENTS, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:

SEC. 2-264.2. ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR GROVE STREET COMMONS.

(A) ANNUAL SERVICE CHARGE. THE HOUSING DEVELOPMENT IDENTIFIED AS GROVE STREET COMMONS AND THE PROPERTY ON WHICH IT SHALL BE CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE COMMENCEMENT OF CONSTRUCTION. THE CITY, ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSTRUCT, OWN, AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES. THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.

(B) LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE. NOT-WITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS OR FAMILIES SHALL BE EQUAL TO THE FULL AMOUNT OF THE TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING DEVELOPMENT IF THE HOUSING DEVELOP-MENT WERE NOT EXEMPT.

Section 4. Article XIII, Section 2-267, is hereby amended to read as follows:

SEC. 2.267. Duration.

This article shall remain in effect and shall not terminate so long as the A mortgage loan MADE TO A SPONSOR FOR A DEVELOPMENT SUBJECT TO THIS ARTICLE remains outstanding and unpaid or the authority has any interest in the property SUBJECT TO A SERVICE CHARGE UNDER THIS ARTICLE, AND SO LONG AS THE PROJECT REMAINS COMPLIANT WITH SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, IF APPLICABLE; provided, that construction of the ANY housing development SUBJECT TO THIS ARTICLE commences within one year from the effective date of this article THE ORDINANCE ESTABLISHING THE ANNUAL SERVICE CHARGE FOR SAID DEVELOPMENT.

Section 5. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Grove Street Commons Site Plan No. 169  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 169, the request of the Affordable Housing Alliance of Midland County for site plan review and approval of Grove Street Commons, a 12-unit residential development on property bounded by East Indian, State, and Grove Streets, conditioned upon the provision of screening in accord with the requirements of the Zoning Ordinance; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 169, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 169, in accord with the drawing dated as received June 5, 1998. (Motion adopted.)

Affordable Housing Alliance Option to Purchase Land  The following resolution was 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, Chemical Bank and Trust Company, in 1992, deeded to the City lands northwest of State Street between East Indian and Grove Streets for the purpose of satisfying affordable housing needs in the community; and

WHEREAS, the Affordable Housing Alliance of Midland County has requested that the City transfer said land to it for their proposed project; now therefore

RESOLVED, that the City Council of the City of Midland determines that the proposed transfer of land is in the public interest in order to provide housing for low- or moderate-income families; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute an option prepared by the City Attorney to the Affordable Housing Alliance of Midland County in the amount of One Dollar ($1.00), valid for a period of one hundred twenty (120) days, with closing of the transaction contingent upon the Affordable Housing Alliance of Midland County securing financing and all other approvals for said project. (Motion adopted.)

Consent Agenda Error Mayor Pro-Tem Coppage noted Item 20d regarding a contract for professional services to be supplied by Radian International, LLC, a wholly subsidiary of The Dow Chemical Company was approved under the Consent Agenda in error. Councilman Tysse, a current employee of The Dow Chemical Company, will request that he be allowed to abstain from voting on Item 20d. Councilman Moolenaar moved, seconded by Councilman Tysse, to amend the previously adopted Consent Agenda by removing Item 20d. (Motion approved.)

98 Sidewalk Improvement Program (Union Street) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council ordered the installation of sidewalk on the south side of Union Street from State Street to George Street at the Hearing of Necessity for the 1998 Sidewalk Improvement Program at their meeting on May 18, 1998; and

WHEREAS, additional research by the Engineering Department has found that insufficient public right of way exists to construct the sidewalk at this location; now therefore

RESOLVED, that Union Street (south side) from George Street to State Street is hereby removed from the 1998 Sidewalk Improvement Program. (Motion adopted.)

98 Sidewalk Construction Agmts. The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, On May 18, 1998, City Council granted property owners in the 1998 Sidewalk Improvement Program the option of installing their own sidewalks upon submission of a legal agreement acceptable to the City Attorney; and

WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement to be used for said purpose and which states that the sidewalk must be constructed by no later than July 31, 1998; and

WHEREAS, the City Engineering Department has received nine (9) Sidewalk Construction Agreements from property owners desiring to install their own walk and listed below:

PARCEL CODE

OWNER

14-24-70-092

RONALD J. SCHLICKER

14-24-70-096

DARIN DANA

14-24-70-100

GORDON THURSTON

11-32-30-010

BENNETT ENTERPRISES

11-32-30-070

PATRICK PNACEK

14-04-60-098

JIM DUNSMORE

14-04-60-100

JAMES POWERS

14-04-60-102

MAUREEN CRAIG

14-04-60-104

JOANN MENTELE

 

; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign the nine (9) Sidewalk Construction Agreements prepared by the City Attorney for parcels in the 1998 Sidewalk Improvement Program. (Motion adopted.)

Wal-Mart Easement Agreement The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the attached Easement Agreement from Wal-Mart Stores, Inc. to the City of Midland, for the public water main, sanitary sewer, deceleration lanes and utility easements within this private development, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Easement is ordered recorded. (Motion adopted.)

 

 

Easements - Isabella St. Sewer and Water Main Imp. (Dennis) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

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.)

Easements - Isabella St. Sewer and Water Main Imp. (Burgess) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the attached Easement Agreement from Lee R. Burgess and Judith A. Burgess 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.)

Quitclaim Deed - Dow Chemical Property on Mark Putnam Drive   Councilman Tysse, a current employee of The Dow Chemical Company, requested he be allowed to abstain from voting on the agenda item accepting a Quitclaim Deed from The Dow Chemical Company. Council unanimously agreed to the abstention. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the attached Quitclaim Deed from the Dow Chemical Company to the City of Midland for property fronting on Mark Putnam Drive and adjacent to the Kent Street pump station in the City of Midland, County of Midland, is hereby accepted and ordered recorded. (Motion adopted. Yeas: Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Proposed Budget - Saginaw/Midland Municipal Water Supply  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the proposed Saginaw-Midland Municipal Water Supply Corporation 1998-99 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $15,000 is approved by the Midland City Council. (Motion adopted.)

Purchase - Industrial Tractor The following resolution was offered by Councilman Moolenaar 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 purchase of two industrial tractor/loaders (Bid No. 2191); and

WHEREAS, funding for the two industrial tractors in the amount of $38,000 is included in the 1997-98 Equipment Revolving Fund Investment in Assets budget and an additional $15,000 is available from the 1/2 ton pickup line item in the 1997-98 Equipment Revolving Fund Investment in Assets budget; and

WHEREAS, two City industrial tractors, equipment numbers 4-55 and 4-58 will be traded-in to the vendor to reduce the purchase price; now therefore

RESOLVED, that the Finance Director is authorized to transfer $15,000 from "Pickup-1/2 Ton," account number 640-000-970-985.121 to "Industrial Tractor," account number 640-000-970-985.110, within the 1997-98 Equipment Revolving Fund Investment in Assets budget; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order in the net amount of $53,000 (after trade-ins) to Saginaw Ford Tractor, Inc. of Saginaw, Michigan for the purchase of two new industrial tractor/loaders in accordance with the city specifications. (Motion adopted.)

Purchase - Calcium Oxide The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the low proposal (Bid No. 2188) of Detroit Lime Company, to provide Calcium Oxide to the Midland Water Plant for a cost of $85,625 is hereby accepted and a purchase order is authorized. (Motion adopted.)

Purchase - Ferric Chloride The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the low proposal (Bid No. 2188) of PVS Technologies, Inc., to provide Ferric Chloride to the Midland Water Plant for a cost of $54,750, and to the Midland Wastewater Treatment Plant for a cost of $54,750 is hereby accepted and purchase orders are authorized. (Motion adopted.)

Professional Services - Cell 14 Modifications (Landfill) Noel Bush, Utilities Director, presented information on a resolution approving the hiring of Radian International, LLC, a wholly subsidiary of The Dow Chemical Company, for professional services at the Landfill. Councilman Tysse, a current employee of The Dow Chemical Company, requested that he be allowed to abstain from voting on this item. Council unanimously agreed to the abstention. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, Sec. 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and

WHEREAS, the Midland Landfill requests permission to purchase professional engineering and environmental services from Radian International, LLC; now therefore

RESOLVED, that a purchase order to Radian International, LLC, is authorized in an amount not to exceed $130,000 for professional engineering and environmental services; and

RESOLVED FURTHER, that the director of fiscal services is hereby authorized to make the following transfers within the 1997-98 Landfill fund budget for the following accounts, Compost Area Construction $50,000, and New Cell Development $50,000 to the Engineering Services Account. (Motion adopted. Yeas: Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Riverdays Festival - Fireworks Display  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the City Council hereby approves the application for a fireworks display submitted by the Midland Foundation which will take place on the grounds of Currie Golf Course on July 16, 1998; and

RESOLVED FURTHER, that a standby crew from the Midland Fire Department will be assigned to monitor this activity; and

RESOLVED FURTHER, that on duty personnel from the Midland Police Department will be assigned to monitor the area and will assist with traffic control at the conclusion of the event; and

RESOLVED FURTHER, that the administrative staff be authorized to approve this event in the future provided it is conducted in substantially the same manner. (Motion adopted.)

Request to Vacate - Corner of  Washington & Haley Streets   The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the Midland City Council, acting on the request of William J. and Linda L. Kirker, for the vacation of property on the northeast corner of Washington and East Haley Streets, described as: Commencing at the intersection of the North right-of-way line of East Haley Street with the East right-of-way line of Washington Street; thence North 40 feet along the East right-of-way line of Washington Street to the North right-of-way line of Michigan Street, as shown in the recorded plat of Reinhart’s Addition to the City of Midland; thence Southeasterly 56.9 feet along the North right-of-way line of Michigan Street to a point on the North right-of-way line of East Haley Street; thence Westerly 32 feet along the North right-of-way line of East Haley Street to the point of beginning, referred the matter to the Midland City Planning Commission, the City Engineer, and the Department of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending approval of the vacation request; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the vacation request; and

WHEREAS, a report has been received from the Department of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation, discontinuance, and abolishment of property on the northeast corner of Washington and East Haley Streets; and

RESOLVED FURTHER, that the 13th day of July, 1998, at 7:30 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said property, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing; and

RESOLVED FURTHER, that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing. (Motion adopted.)

 

 

Budget Amendment - 97-98 Major Street Maintenance Fund  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:30 p.m., Monday, June 22, 1998, in the Council Chambers of City Hall on the proposal to amend the 1997-98 Major Street Maintenance Fund budget to increase revenues from Payments In Lieu Of Special Assessments by $73,600 and to increase appropriations for Transfers to Major Street Construction Fund by $73,600, and the City Clerk shall give notice as provided in Section 11.4 of the Charter of the City of Midland. (Motion adopted.)

NEW BUSINESS: Councilman Moolenaar presented a communication from a resident requesting the City consider the use of grocery bags for yard waste pickup. Karl Tomion, City Manager, stated he would have staff look into this option.

 

Being no further business the meeting adjourned at 10:52 p.m.

 

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Penny K. Kovacevich, City Clerk