July 13, 1998 City Council Minutes

July 13, 1998

A regular meeting of the City Council was held on Monday, July 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

Held a joint meeting with the Sewer Engineering Study Advisory Committee (SESAC).

SESAC Members Present: Suzii LaCross, Marvin Tegen, Don Carlsen, Don Hall

Susan Watkins, from the firm of Kezziah Watkins, gave an overview of the Sewer System Improvements Citizen Involvement Process. Step one in the process was designated to ask people in the Midland community what they generally believed to be the most negative aspects of the flooding problem. Step two was intended to gather community response to the specific engineering alternatives developed by Hubbell, Roth and Clark Consulting Engineers. Three workshops open to all Midland residents were held with approximately 500 people attending. The report submitted by Kezziah Watkins contains a summary of results from each workshop. The report has been placed on file in the City Clerk’s Office and the Grace A. Dow Memorial Library.

NOTE: BECAUSE OF THE LARGE AUDIENCE COUNCIL UNANIMOUSLY AGREED TO TAKE UP AGENDA ITEMS THAT CONCERNED THE MAJORITY OF THE AUDIENCE FIRST. FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND FOR THE EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

Minutes Approval of the minutes of the June 22, 1998 regular and June 29, 1998 special meeting was offered by Councilman Coppage and seconded by Councilman Wazbinski. (Motion adopted.)

Vacate Property - Washington & East Haley Streets James Schroeder, Director of Planning and Community Development, presented information to Council regarding the vacation of property on the northeast corner of Washington and East Haley Streets. The Planning Commission recommended approval of the vacation. A public hearing was opened at 11:46 p.m., no comments were made, the hearing closed at 11:47 p.m. The following resolution was then offered by Councilman Coppage 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; and

WHEREAS, a public hearing was held on July 13, 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 lands 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; be, and the same are hereby vacated, discontinued, and abolished; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer. (Motion adopted.)

98 Sidewalk Improvement Special Assessment Roll Diane Dryzga, City Assessor, presented information on the "1998 Sidewalk Improvement Special Assessment District". A public hearing was opened at 11:14 p.m. Marie Palanca, 815 Cottonwood, was opposed to the cost of sidewalk and requested assistance in the payment of the assessment. Ms. Palanca lives on the corner and was assessed for sidewalks on the Henry Street side in 1996. The City Assessor explained that help was available and she could contact the Midland City Assessor’s Office to go over the issue. The hearing closed at 11:20 p.m. The following resolution was then offered by Councilman Wazbinski 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 certain sidewalk improvements on the "1998 SIDEWALK 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 reduce the assessment for parcel code 11-32-30-100 from $981.00 to $954.00 to correct a clerical error; and

RESOLVED FURTHER, that the City Council does hereby reduce the frontage for parcel code 14-03-60-078 from 9 feet to 5 feet to correct a clerical error; 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 $35,694.00 and that the total estimated cost of said improvements is $40,042.00, and the City at large cost is $4,348.00; 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 1999, 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.)

Zoning Petition No. 433 James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 433 which would rezone 2.23 acres on the north side of Eastlawn Drive west of Abbott Road from Business A to Residential B. The Planning Commission recommended approval. A public hearing was opened at 11:48 p.m., no comments were made, the hearing closed at 11:49 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1420

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:

That property described as: Beginning 1909.57 feet East of the West 1/4 corner of Section 14, T14N, R2E, City of Midland, Midland County, Michigan; thence East 280 feet; thence North 0° 20’ 00" East 654 feet; thence West 280 feet; thence South 0° 20’ 00" West 654 feet to the Point of Beginning, except the North 307 feet thereof,

be, and the same is hereby changed to a Residential B 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.)

Zoning Text Amendment No. 130A James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Text Amendment No. 130A. The Planning Commission recommended approval. A public hearing was opened at 11:56 p.m., no comments were made, the hearing closed at 11:57 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

ORDINANCE NO. 1421

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 DELETING FROM ARTICLE V--RESIDENTIAL "A-1," "A-2," "A-3," AND "A-4," SUBSECTIONS 5.1(A) 9. AND 10., AND BY ADDING TO ARTICLE V A NEW SUBSECTION 5.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY DELETING FROM ARTICLE VII--RESIDENTIAL "B," SUBSECTIONS 7.1(A)5. AND 7., AND BY ADDING TO ARTICLE VII A NEW SUBSECTION 7.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY ADDING TO ARTICLE XIV--BUSINESS "A," A NEW SUBSECTION 14.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY ADDING TO ARTICLE XVIII--BUSINESS "C," A NEW SUBSECTION 18.1(C), PERMITTED USES AFTER SPECIAL APPROVAL; BY ADDING TO ARTICLE XXII--INDUSTRIAL "A," A NEW SUBSECTION 22.1(C), PERMITTED USES AFTER SPECIAL APPROVAL, AND BY ADDING TO ARTICLE XXIII--INDUSTRIAL "B," A NEW SUBSECTION 23.1(C), PERMITTED USES AFTER SPECIAL APPROVAL.

The City of Midland Ordains:

Section 1. That Article V--Residential "A-1," "A-2," "A-3," and "A-4," Article VII--Residential "B," Article XIV--Business "A," Article XVIII--Business "C," Article XXII--Industrial "A," and Article XXIII--Industrial "B," of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended, as follows:

ARTICLE V--RESIDENTIAL "A-1," "A-2," "A-3," "A-4," DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 5.1 USE REGULATION

(a) Permitted principal uses and buildings.

Single-family dwellings.

Two-family dwellings, Residential "A-4" District only.

Planned Unit Developments, in accordance with Article XXVI.

Parks (public).

Schools, minimum lot size, one (1) acre, and provided the principal building is not less than fifty (50) feet from any interior lot line. Permitted secondary uses include vocational, technical, post-secondary and similar adult educational programs; cultural and recreational activities; public and semi-public meetings and programs, public service club programs and events, and other uses traditionally occurring in school facilities. Secondary uses shall be provided with off-street parking, in accord with Article XXX.

Churches, public and quasi-public cultural facilities, provided:

a. The site shall not be less than one (1) acre.

b. Principal building shall not be less than fifty (50) feet from any interior lot line.

7. Golf courses, public and private, provided primary access shall be directly from a major or secondary thoroughfare.

8. Fire stations, provided all principal buildings are not less than fifty (50) feet from any abutting residential or agricultural zoned district.

9. Overnight sleeping accommodations such as bed and breakfast accommo-dations in private residences, when operated by occupants of the residence, providing there are not more than two (2) guest sleeping rooms, with length of stay not to exceed fourteen (14) days.

1. Public utility facilities with no structure higher than twenty-eight (28) feet, without storage yards, when the operating requirements necessitate the locating of said facility within the district in order to serve the immediate vicinity, provided all structures are not less than fifty (50) feet from any interior lot line, and the facility shall be screened in accordance with Article XXIX, Section 29.12.

2. Nursery schools and day-care centers.

a. Seven (7) to twelve (12) attendees allowed in individual residences.

b. Attendees greater than twelve (12), provided:

(1) There is not less than seventy-five (75) square feet of open play area per child.

(2) A minimum site of one (1) acre.

(3) All buildings are at least fifty (50) feet from interior lot lines.

3. Private nonprofit social service agencies.

4. Off-site accessory uses by a religious organization or its affiliates where no worship services are conducted.

5. Assisted living facilities.

6. Nursing homes.

7. Homes for the aged.

ARTICLE VII--RESIDENTIAL "B" DISTRICT USE,

AREA, AND HEIGHT REGULATION

Section 7.1 USE REGULATION

(a) Permitted principal uses and buildings.

1. All uses permitted in Residential "A" Districts, including any special requirements as noted in Section 5.1(a)5 through Section 5.1(a)11.

2. Multiple-family dwellings, including housing for the elderly.

3. Rooming houses.

4. Nursing homes; homes for the aged. There shall be not less than 1,200 square feet of lot area per bed.

5. Foster care centers.

6. Facilities providing housing for the clients of private, nonprofit social service agencies, which include related functions for administration and counseling services.

2. Nursery schools and day-care centers.

a. Seven (7) to twelve (12) attendees allowed in individual residences.

b. Attendees greater than twelve (12), provided:

(1) There is not less than seventy-five (75) square feet of open play area per child.

(2) A minimum site of one (1) acre.

(3) All buildings are at least fifty (50) feet from interior lot lines.

3. Private nonprofit social service agencies.

4. Off-site accessory uses by a religious organization or its affiliates where no worship services are conducted.

5. Assisted living facilities.

6. Nursing homes.

7. Homes for the aged.

ARTICLE XIV--BUSINESS "A" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 14.1 USE REGULATION

ARTICLE XVIII--BUSINESS "C" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 18.1 USE REGULATION

ARTICLE XXII--INDUSTRIAL "A" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 22.1 USE REGULATION

ARTICLE XXIII--INDUSTRIAL "B" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 23.1 USE REGULATION

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.)

98 Frantz Drive Water Main Jerry Hammond, City Engineer, presented information on Agenda Items 6 and 7 regarding water main improvement projects for Frantz Drive and the Sandow Road Area. A public hearing to determine the necessity of water main on Frantz Drive was opened at 10:32 p.m. Gary Church, 1478 Frantz and Kathleen Schukofski, 1441 Frantz, spoke in opposition to the necessity of water in their area. The hearing closed at 10:46 p.m. Councilman Wazbinski moved, seconded by Councilman Coppage, the resolution for consideration. Council agreed they would like more information before acting on the 1998 Frantz Drive Water Main Improvement Project. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that action on the 1998 Frantz Drive Water Main Improvement Project is hereby postponed until July 20, 1998. (Motion adopted.)

98 Sandow Area Water Main A public hearing to determine the necessity of water main in the Sandow Area was opened at 10:50 p.m. Donald Parker, 1144 Coolidge Road, Beaverton, Michigan, owner of property in the Sandow Area voiced his opposition to the necessity of water mains in that area. Jimmy Clemons, 83 N. Sandow, voiced his opposition to the necessity of water mains and Richard Poland, 296 N. Sandow, was unsure if he was in favor of the water main because he needed more information.

James Schroeder, Director of Planning and Community Development, indicated the area was annexed in two steps as follows:

1. As a result of petitions and was accomplished through the joint resolution process.

2. The City of Midland petitioned the Michigan State Boundary Commission for additional land to square up annexed area.

Mr. Schroeder also described meeting residents/owners of land in the affected area to explain the process of extending water and sanitary sewer and gave an estimated cost.

The hearing closed at 11:05 p.m. Councilman Coppage moved, seconded by Councilman Moolenaar, the resolution for consideration. Council agreed they would like more information before acting on the 1998 Sandow Area Water Main Improvement Project. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that action on the 1998 Sandow Area Water Main Improvement Project is hereby postponed until July 20, 1998. (Motion adopted.)

PUBLIC COMMENTS No comments were made.

Sanitary & Storm Sewer Connection Fees Noel Bush, Director of Utilities, presented information on a second reading of an ordinance amending Chapter 21, Section 21-43(b)(6) to increase fees for inspection of sanitary and storm sewer connections. The following ordinance amending sewer connection fees was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1422

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:

Section 1. Section 21-43 of Chapter 21 of the Code of Ordinances is hereby amended to read as follows:

Sec. 21-43. Sewer connection permits and fees.

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

(1) For the discharge of domestic wastes, not including intercepted ground waters or stormwaters from roofs, building drains, window well drains, patio drains, truck docks or parking lots, into designated sanitary sewers.

(2) For the discharge of intercepted ground waters or stormwaters from roofs, yards, building drains, window well drains, patio drains, truck docks or parking lots into designated storm sewers.

(3) For the temporary discharge of intercepted ground waters or overland storm water flow into designated sanitary sewers.

(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:

(1) For property which has previously paid a special assessment, the permit fee shall be one hundred twenty dollars ($120.00).

(2) For property which has previously constructed at private expense a sewer accepted and used by the city as a public sewer, the permit fee shall be one hundred twenty dollars ($120.00).

(3) For property which has, previous to the adoption of this chapter, made a connection to any existing city sewer, the permit fee shall be one hundred twenty dollars ($120.00).

(4) For each property which has not borne the expense of the construction of sewer mains, a permit shall not be granted until a permit fee, the sum of which is equal to one-half (1/2) of the per-foot cost of a ten-inch sewer indexed to the year of connection using THE ENGINEERING NEWS RECORD, "THE CONSTRUCTION COST INDEX," and calculated by the city engineer on a front foot basis, is paid. An additional charge shall be made for a six-inch connection line from the sewer main to the property line of the property to be served, if the sewer has or will be constructed by the city. Said additional charges shall be the city’s actual construction or contract costs. The property owner may choose to pay this fee in five (5) installments, the first installment being due at the time of connection, and the deferred installments being due annually thereafter, with interest accumulating at the rate of the most recent rate established by the city council for annual payments of special assessments. In such event, this charge shall constitute a lien on the premises subject thereto, and that amount shall also be a debt to the person to whom assessed until paid.

Annually, the city engineer shall notify the director of fiscal services of any such

charges due. The director of fiscal services shall forward a statement of the total charges assessed on each parcel of property to the owner, as shown by the last current assessment or tax roll, and said assessment shall be payable to the city treasurer within thirty (30) days from the date said statement was forwarded. If not paid within the prescribed thirty-day period, such statement shall be filed by the director of fiscal services with the city assessor and shall thereupon be assessed against the land in question and become a lien on such property, in accordance with the city of Midland charter. The amount so charged may be discharged at any time by the payment of the amount specified in the statement, together with accrued interest compiled from the time of filing said statement with the city assessor.

(5) For the discharge of stormwater or intercepted ground water into designated storm sewers the permit fee shall be one hundred twenty dollars ($120.00).

(6) The combined permit fee for each property for which a sanitary sewer connection permit and a storm water connection permit is obtained at the same time and for which the inspection of both connections are to be completed at the same time shall be one hundred sixty-five dollars ($165.00).

(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.

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.

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 upon publication. (Ordinance adopted.)

P.I.L.O.T. (Grove Street Commons) James Schroeder, Director of Planning and Community Development, presented information on the second reading of an ordinance amending Article XIII of Chapter 2 of the Code of Ordinances to provide a payment in lieu of taxes (P.I.L.O.T.) for Grove Street Commons I and II. John Zimmerman, 2825 Chippewa Lane, speaking on behalf of the Affordable Housing Alliance of Midland County (AHA) urged Council to vote favorably on the ordinance amendment. The following two ordinance amendments were then presented for consideration.

P.I.L.O.T. - Grove Street Commons I The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1418

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), 2-260.5, AND 2-264.3, 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 elderly and low-income persons is hereby amended to read as follows:

Sec. 2-261: Definitions.

(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.

(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.

(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.

(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.

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

(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.

(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.

(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 I, 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. 2-260.5. Grove Street Commons I.

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 I, located on the following described property:

Lots 13 and 14, and the Southeast 1/2 of Lot 15 of Block 57 of Larkin’s Addition to the City of Midland, recorded in Liber A, Page 26, of Midland County records, more particularly described as part of Section 16 and part of Section 21, T14N, R2E, City of Midland, Midland County, Michigan, beginning at the East corner of Block 57 of said Larkin’s Addition to the City of Midland; thence N 46 deg 02 min 23 sec W, 150.00 feet; thence S 44 deg 00 min 00 sec W, 120.47 feet; thence S 46 deg 05 min 15 sec W, 150.00 feet; thence N 44 deg 00 min 00 sec W, 120.34 feet to the point of beginning.

Sec. 2-264.3. Establishment of annual service charge for Grove Street Commons I.

(a) Annual service charge. The housing development identified as Grove Street Commons I 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. Notwithstanding 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 development 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 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 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 any housing development subject to this article commences within one year from the effective date of the ordinance establishing the annual service charge for said development.

Section 5. This Ordinance shall take effect upon publication. (Ordinance adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

P.I.L.O.T. - Grove Street Commons II The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1419

The City of Midland Ordains:

Section 1. Article XIII, Chapter 2, Section 2-261, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-261: Definitions.

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

(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.

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

(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.

(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 II, 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. 2-260.5. Grove Street Commons II.

Lots 10, 11, 12, and the Southeast 25 feet of Lot 9, Block 57 of Larkin’s Addition to the City of Midland, recorded in Liber A, Page 26, of Midland County records, more particularly described as part of Section 16 and part of Section 21, T14N, R2E, City of Midland, Midland County, Michigan, beginning at a point which is S 44 deg 00 min 00 sec W, 120.34 feet from the East corner of Block 57 of said Larkin’s Addition to the City of Midland; thence S 44 deg 00 min 00 sec W, 120.34 feet; thence N 46 deg 08 min 09 sec W, 205.00 feet; thence S 44 deg 00 min 00 sec W, 120.51 feet; thence S 46 deg 05 min 15 sec E, 205.00 feet to the point of beginning.

Sec. 2-264.3. Establishment of annual service charge for Grove Street Commons II.

(a) Annual service charge. The housing development identified as Grove Street Commons II 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.

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

Sec. 2.267. Duration.

as the project remains compliant with Section 42 of the Internal Revenue Code of 1986, as amended, if applicable; provided, that construction of any housing development subject to this article commences within one year from the effective date of the ordinance establishing the annual service charge for said development.

Section 5. This Ordinance shall take effect upon publication. (Ordinance adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

Police & Fire Retirement System Ordinance Michael Kyritsis, Director of Human Resources, presented information regarding an ordinance to create a new division in the Code of Ordinances for the Police and Fire Retirement System. This ordinance would recognize the Police and Fire Retirement System under Act 345, P.A. 1937 as amended and would specify pension benefits for the Police and Fire Chiefs and the Police Captains. Introduction and first reading of the following ordinance was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW DIVISION, WHICH NEW DIVISION SHALL BE DESIGNATED AS DIVISION 4. POLICE AND FIRE RETIREMENT SYSTEM, OF ARTICLE III, CHAPTER 2 THEREOF.

The City of Midland ordains:

Section 1. A new Division 4, Article III entitled "Police and Fire Retirement System" is hereby added to Chapter 2 of the Code of Ordinances of Midland, to read as follows:

SEC. 2-85. STATEMENT OF PURPOSE.

IN ACCORDANCE WITH THE FAVORABLE VOTE BY THE ELECTORATE OF THE CITY OF MIDLAND ON NOVEMBER 8, 1966, THE FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT ACT, BEING PUBLIC ACT 345 OF 1937, AS AMENDED, HEREINAFTER REFERRED TO AS THE "ACT", IS ADOPTED AS THE CITY OF MIDLAND POLICE AND FIRE FIGHTER RETIREMENT SYSTEM. SAID SYSTEM SHALL HEREAFTER BE KNOWN AS "THE CITY OF MIDLAND POLICE AND FIRE FIGHTER RETIREMENT SYSTEM".

SEC. 2-86. CONFORMITY WITH APPLICABLE BARGAINING AGREEMENTS.

THE CITY OF MIDLAND POLICE AND FIRE FIGHTER RETIREMENT SYSTEM IS HEREBY AMENDED TO THE EXTENT NECESSARY TO CONFORM TO THE PENSION PROVISIONS PROVIDED IN THE EXISTING APPLICABLE BARGAINING AGREEMENTS AND THOSE AGREEMENTS HEREAFTER APPROVED BY CITY COUNCIL.

SEC. 2-87. RETIREMENT BOARD - MEMBERS.

A RETIREMENT BOARD, TO BE KNOWN AS "THE POLICE AND FIRE RETIREMENT BOARD", IS HEREBY CREATED. THERE SHALL BE FIVE MEMBERS OF THE POLICE AND FIRE RETIREMENT BOARD, WHOSE MEMBERSHIP SHALL CONSIST OF THE FOLLOWING:

(A) THE TREASURER OF THE CITY OF MIDLAND;

(B) ONE ACTIVE MEMBER OF THE FIRE DEPARTMENT ELECTED BY A MAJORITY VOTE OF THE MEMBERS OF THE FIRE DEPARTMENT;

(D) TWO ADDITIONAL MEMBERS WHO SHALL BE APPOINTED BY THE CITY MANAGER.

SEC. 2-88. TERMS OF OFFICE.

THE TERMS OF OFFICE FOR THE MEMBERS OF THE POLICE AND FIRE RETIREMENT BOARD ARE AS FOLLOWS:

(A) THE TREASURER OF THE CITY SHALL SERVE THROUGHOUT HIS OR HER TERM OF OFFICE;

(B) THE POLICE AND FIRE REPRESENTATIVES SHALL EACH SERVE A FOUR YEAR TERM. HOWEVER, IN THE EVENT THAT THE MEMBER IS NO LONGER AN ACTIVE EMPLOYEE OF HIS OR HER RESPECTIVE DEPARTMENT, THAT MEMBER’S TERM SHALL AUTOMATICALLY EXPIRE AND A NEW MEMBER SHALL BE ELECTED AS PROVIDED HEREIN.

SEC. 2-89. DUTIES.

THE RETIREMENT BOARD SHALL:

MAKE ALL RULES AND REGULATIONS NECESSARY TO INSURE THE PROPER CONDUCT OF THE BUSINESS OF THE CITY OF MIDLAND POLICE AND FIRE FIGHTER RETIREMENT SYSTEM.

RETAIN SUCH LEGAL, MEDICAL, ACTUARIAL, CLERICAL OR OTHER SERVICES AS MAY BE NECESSARY FOR THE CONDUCT OF THE AFFAIRS OF THE SYSTEM.

CAUSE SUCH AMOUNTS AS MAY BE SET FORTH IN THE ACT AND THE POLICE AND FIRE AGREEMENTS TO BE DEDUCTED FROM THE SALARIES OF ACTIVE MEMBERS OF THE SYSTEM AND PAID INTO THE TREASURY OF THE SYSTEM.

CERTIFY TO THE CITY COUNCIL OF THE CITY OF MIDLAND THE AMOUNT TO BE CONTRIBUTED BY THE CITY AS PROVIDED FOR UNDER THE ACT.

CAUSE THE EXAMINATION OF EVERY DISABILITY PENSIONER OR BENEFICIARY UNDER THE AGE 55 YEARS TO BE MADE AT LEAST ONCE A YEAR FOR THE FIRST 5 YEARS FOLLOWING HIS OR HER RETIREMENT, AND AT LEASE ONCE EVERY 3 YEARS THEREAFTER, UNTIL HE OR SHE REACHES AGE 55.

MEET AT LEAST ONCE PER MONTH. RECORDS OF ALL BOARD MEETINGS SHALL BE KEPT AND ALL MEETINGS SHALL BE OPEN TO THE PUBLIC.

ANNUALLY ELECT BOARD OFFICERS AS FOLLOWS: ONE MEMBER TO BE PRESIDENT, ONE MEMBER TO BE VICE-PRESIDENT AND ONE MEMBER TO BE SECRETARY.

DISBURSE THE PENSIONS AND OTHER BENEFITS PAYABLE UNDER THE ACT.

SEC. 2-90. MEMBERS TO SERVE WITHOUT COMPENSATION.

NO MEMBER OF THE BOARD SHALL RECEIVE ANY COMPENSATION FOR HIS OR HER SERVICES AS A BOARD MEMBER.

SEC. 2-91. PENSION PROVISIONS.

ALL PENSION PROVISIONS UNDER THE ACT AND THOSE INCLUDED IN CONTRACTS BETWEEN THE CITY OF MIDLAND AND CITY OF MIDLAND POLICE AND FIRE DEPARTMENTS SHALL BE FOLLOWED. IN THE EVENT THAT A PROVISION OF THE ACT CONFLICTS WITH A PROVISION CONTAINED IN A CONTRACT, THE CONTRACT PROVISION SHALL BE CONTROLLING.

SEC. 2-92. PENSION BENEFITS APPLICABLE TO CHIEF AND CAPTAIN POSITIONS.

THE CITY OF MIDLAND POLICE AND FIRE FIGHTER RETIREMENT SYSTEM IS HEREBY AMENDED TO PROVIDE POST RETIREMENT PENSION ADJUSTMENTS FOR MEMBERS WHO RETIRE FROM THE POSITION OF POLICE CHIEF, POLICE CAPTAIN AND FIRE CHIEF ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE AS FOLLOWS:

A. A MEMBER WHO IS THE POLICE CHIEF OR POLICE CAPTAIN SHALL HAVE HIS/HER RETIREMENT BENEFITS ADJUSTED, AS OF THE DAY FOLLOWING HIS/HER EFFECTIVE RETIREMENT DATE, SO THAT HE/SHE SHALL RECEIVE PENSION BENEFITS PURSUANT TO THE POLICE COMMAND COLLECTIVE BARGAINING AGREEMENT.

B. A MEMBER WHO IS THE FIRE CHIEF SHALL HAVE HIS/HER RETIREMENT BENEFITS ADJUSTED, AS OF THE DAY FOLLOWING HIS/HER EFFECTIVE RETIREMENT DATE, SO THAT HE/SHE SHALL RECEIVE PENSION BENEFITS PURSUANT TO THE FIRE FIGHTERS COLLECTIVE BARGAINING AGREEMENT.

SEC. 2-93. SEVERABILITY.

In the event any portion, section or subsection of this Ordinance shall be held invalid, that portion, section or subsection shall be eliminated from this Ordinance. Such invalidation shall not be construed to

affect the validity of any other part or portion of this Ordinance or of the Code of Ordinances of the City of Midland.

Section 2. This ordinance shall be effective upon publication. (Motion adopted. Considered first reading.)

Site Plan No. 170 - Letavis Soft Cloth Car Wash James Schroeder, Director of Planning and Community Development, presented information regarding Site Plan No. 170 - Letavis Soft Cloth Car Wash and Fast Eddie’s Oil Change. The Planning Commission recommended approval. Ed Letavis, 8478 Miller Road, Swartz Creek, Michigan, the requesting party, reviewed his plans for this area and gave a brief history of his business. Richard Fosgitt, 5700 Bloomfield, Midland, an employee of Ayres Associates and engineer of the Letavis Car Wash project, reviewed the site plan for Council. Rob Bancroft, Attorney for Letavis and Mark Letavis, son of Ed Letavis, appeared and spoke regarding the site plan and location. James O. Branson III, an attorney representing Sylvan Pines Condominium Association, spoke in opposition to the site plan approval. William Brown, 4950 Grandview Circle, Steven Ward, 4952 Grandview Circle, Natalie Brown, 4950 Grandview Circle, Patricia McKelvey, 4929 Grandview Circle and John P. McKelvey, 4929 Grandview Circle, all opposed the approval of Site Plan No. 170. Rob Bancroft, Attorney for Letavis Soft Cloth Car Wash and Fast Eddie’s Oil Change, stated they are prepared to change or use any other solution that may be acceptable to the residents in that area. Councilman Wazbinski moved, seconded by Councilman Coppage, the resolution for consideration. Council agreed they would like additional information before making a decision. The following resolution to postpone action on this item was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that action on Site Plan No. 170 for Letavis Soft Cloth Car Wash and Fast Eddie’s Oil Change is hereby postponed until August 10, 1998. (Motion adopted.)

Site Plan No. 171 - The Pine Self Storage James Schroeder, Director of Planning and Community Development, presented information regarding Site Plan No. 171 - The Pine Self Storage. The Planning Commission recommended approval conditioned on the provision of screening in accord with the requirements of the Zoning Ordinance. Richard Mohr, 2401 Rodd Street, requested Council vote favorably on Site Plan No. 171. 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. 171, the request of Chad Adams of Pine Ridge Construction for site plan review and approval of The Pines Self Storage, a 4,800 square foot commercial building consisting of 25 storage units on 2.82 acres at 1620 Rockwell Drive (the east side of Rockwell Drive north of East Patrick (North Union) Road, conditioned on 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. 171, 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. 171, in accord with the drawing dated as received June 1, 1998, conditioned on the provision of screening in accord with the Zoning Ordinance. (Motion adopted.)

West Main Street Historic District Commission - Appointment The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that Dianne McCord Maughon is hereby appointed to the West Main Street Historic District Commission for a term to expire June 30, 2001. (Motion adopted.)

Skatepark in Chippewassee Martin McGuire, Director of Public Services, presented information on a request from the Midland Foundation for approval of a skatepark to be placed in Chippewassee Park. The park will be constructed by the Midland Foundation, upon fund availability, in cooperation with the Parks and Recreation Department and donated to the City for operation. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City desires to provide recreational opportunities for teenagers; and

WHEREAS, in the downtown and in other public areas constitutes a safety hazard; and

WHEREAS, the Midland Foundation has offered to construct and donate a skatepark; and

WHEREAS, a suitable location in Chippewassee Park has been identified; and

WHEREAS, the Downtown Development Authority and the Parks and Recreation Commission have both expressed support for the project; now therefore

RESOLVED, that the City Council hereby accepts the offer of the Midland Foundation to build a skatepark, contingent on funding becoming available, in Chippewassee Park and donate it to the City for operation. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

Airport Road Right Of Way - Calibrated Baseline for EDM The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, a request has been received from the Saginaw Valley Chapter of the Michigan Society of Professional Surveyors requesting the use of a portion of Airport Road right-of-way for purposes of installing a calibrated baseline for electronic distance measuring equipment (EDM); and

WHEREAS, Ordinance Section 22-1 Use of Public Right-of-Way requires City Council approval for most uses of the right-of-way and is applicable in this case; and

WHEREAS, the proposed use would have minimal negative impact and would serve a public purpose; now therefore

RESOLVED, that the request for use of a portion of Airport Road right-of-way for purposes of installing a calibrated baseline for electronic distance measuring equipment (EDM) is hereby approved subject to specific location approval by the Engineering Department and that applicable right-of-way permits be obtained. (Motion adopted.)

Sugnet Road Extension - Warranty Deed (Northwood) The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the attached Warranty Deed from Northwood University to the City of Midland, for property required to construct the Sugnet Road Extension in Section 7, T14N, R2E of Midland County, is hereby accepted and ordered recorded. (Motion adopted.)

MML Annual Meeting Delegates The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that R. Drummond Black, Mayor, is designated as a voting delegate and John S. Coppage, Mayor ProTem, is designated as an alternate voting delegate from the City of Midland to the September 9, 1998, business session of the Michigan Municipal League. (Motion adopted.)

Rejected Bid - Vacuum/Catch Basin Cleaner The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for a vacuum/catch basin cleaner truck (Bid No. 2193); and

WHEREAS, only one bid was received in response to our invitation for proposals; and

WHEREAS, the Department of Public Services staff has re-evaluated the need for this truck and has concluded its purchase is unnecessary; now therefore

RESOLVED, that the one sealed proposal received is hereby rejected. (Motion adopted.)

Occupational Health Nurse The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the City of Midland has designated the MidMichigan Med Center as its primary medical care facility for employees injured on the job; and

WHEREAS, the City has reimbursed the Med Center for the additional support and case management services of a Med Center occupational health nurse since 1992; and

WHEREAS, it is recommended by the City Human Resources staff to continue this relationship due to its cost effectiveness and positive impact on controlling Workers Compensation costs; now therefore

RESOLVED, that in accordance with Section 2-19 of the Code of Ordinances, the competitive bidding process is hereby waived; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to approve the purchase order to the MidMichigan Med Center for the services of an occupational health nurse at the rate of $26/hour for a maximum of 800 hours or $20,800 for fiscal year 1998-99. (Motion adopted.)

Barstow Airport Ground Communications Outlet The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, an agreement #98-0514 has been received from the Michigan Department of Transportation, Bureau of Aeronautics, regarding the acceptance of a Ground Communications Outlet for use at Jack Barstow Airport; and

WHEREAS, this proposal would allow pilots to communicate directly with the Saginaw tower from the airfield via an interconnected radio receiver on the airport with a dedicated phone line interface and would enhance safety and aircraft operations at Barstow; now therefor

RESOLVED, that the City Council approves the MDOT agreement #98-0514 and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City. (Motion adopted.)

98 Saginaw & Waldo Road Reconstruction; Contract No. 10 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Saginaw Road from Austin Street to Dow Corning and Waldo Road from Saginaw Road to Salzburg Road; and

WHEREAS, funding for this project is provided by the Major Street Fund (Account No. 404-9020-901.97-02, Project No. MS9810); now therefore

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company of Essexville, Michigan, for the "1998 Saginaw & Waldo Road Reconstruction; Contract No. 10", in the indicated amount of $334,348.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

98 Jefferson Avenue Widening; Contract No. 11 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the widening and reconstruction of Jefferson Avenue from the US-10 overpass to Joe Mann Boulevard; and

WHEREAS, funding for this project is provided by the Major Street Fund (Account No. 404-9020-901.97-02, Project No. MS9812); now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service of Midland, Michigan, for the "1998 Jefferson Avenue Widening; Contract No. 11", in the indicated amount of $178,668.40, 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.)

MEDC Contract The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor and City Clerk are authorized to execute an agreement for the year July 1, 1998 through June 30, 1999 with the Midland Economic Development Council for economic development services at a cost to the City not to exceed $85,000. (Motion adopted.)

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

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997 and 1998 assessments and taxable values 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; and

WHEREAS, on April 13, 1998, payments to the law firms of Braun, Kendrick, Finkbeiner, P.C., Westrate and Holmstrom, and Spiegel and McDiarmid were authorized in an amount not to exceed $100,000 for continued legal services in the matter of the aforementioned appeal; and

WHEREAS, the City Council, in the 1998-99 City of Midland budget, appropriated $250,000 for legal expenses in the aforementioned appeal; now therefore

RESOLVED, that payments 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 are hereby authorized in an amount not to exceed a total of $350,000. (Motion adopted.)

Appraisal Services - MCV The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, The Midland Cogeneration Venture (MCV) has appealed to the Michigan Tax Tribunal the 1997 and 1998 assessments and taxable values of certain property it owns located in the City of Midland; and

WHEREAS, the appraisal firm of George E. Sansoucy, P.E., has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000.00 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

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

RESOLVED, that payment to the appraisal firm of George E. Sansoucy, P.E. for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $100,000.00. (Motion adopted.)

TCO P-98-02 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that Traffic Control Order No. P-98-02 filed April 27, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the south side of Dartmouth Drive from Saginaw Road to 100 feet west of Bayliss Street.