July 20, 1998

A regular meeting of the City Council was held on Monday, July 20, 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

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 July 13, 1998 regular meeting was offered by Councilman Moolenaar and seconded by Councilman Coppage. (Motion adopted.)

Woodlawn Street (Closure) James Schroeder, Director of Planning and Community Development, presented information on the closure of Woodlawn. Daniel Hargarten, Midland Fire Chief, expressed his concern over the emergency vehicles serving this area. Closure of Woodlawn at Saginaw Road would mean emergency fire vehicles would have to travel up to Sugnet Road and back into Woodlawn Street. The closure would also create a cul-de-sac on Woodlawn. The Fire Chief would prefer Woodlawn Street to remain as it is giving emergency vehicles a direct route onto Woodlawn Street from Saginaw Road. James St. Louis, Midland Police Chief, indicated the time factor for police is not as critical as it would be for the fire department, but he felt closing Woodlawn Street at Saginaw Road would lead to more vehicle traffic on Leonard Lane and higher rates of speed. Chief St. Louis indicated he did not believe there was a traffic safety problem on Woodlawn Street with the opening onto Saginaw Road. Brian McManus, Assistant City Engineer, stated that closing or leaving Woodlawn Street open at Saginaw Road would not cause any significant problems either way. Martin McGuire, Director of Public Services, was not in favor of closing Woodlawn Street at Saginaw Road. He stated courts in general are more maintenance intensive. The public hearing was opened at 7:55 p.m. George Momany, 3811 Woodlawn, supported closing Woodlawn at Saginaw Road, he felt that Woodlawn is now used as a shortcut to Saginaw Road or Sugnet Road. Mr. Momany also stated that Mr. Alexander Irigoyen would agree to donate land to build a cul-de-sac and he believed that the assessed valuation of land would go up and he would gladly share in the cost. Daphne Davis, 3714 Woodlawn and Kirt Moody, 3802 Woodlawn, both supported the closure. James Shay, 48 Rosemary Court, uses the shortcut everyday but would gladly support the closure if it would protect the children in the area. Alexander Irigoyen, 3717 Woodlawn, felt closing Woodlawn at Saginaw Road would protect the children and offered to donate part of his land to make the cul-de-sac. Dennis Carey, 3905 Woodlawn, supported the closure. Richard L. Miller, 515 Linwood Drive, opposed closure of Woodlawn Street, he stated residents at the other end of Woodlawn Street are overwhelmingly opposed to the closure (petitions opposing the closure were given to the City Clerk). Dorothy Mercier, 301 W. Saint Andrews, Richard VonKorff, 15 Rosemary Court, Cheryl Sikkema, 4214 Woodlawn, Larry L. Smith, 4009 Woodlawn, Jeri E. Smith, 305 Graham Street, Joseph F. Logan, 708 Columbia Road, Henry Lewert, 612 Linwood Drive, Diane Wroblewski, 11 Rosemary Court, Beth Ewerth, 309 Leonard Lane, Christina L. Smith, 510 W. Sugnet, Grace E. Archer, 603 Linwood Drive, all spoke in opposition to the closure of Woodlawn Street at Saginaw Road. Michelle Vouaux, 3718 Leonard Lane, supported the closure for the safety of the children in the area. Louis Rubens, 503 Linwood Drive, opposed closure of streets for specialized groups. The public hearing closed at 8:59 p.m.

Councilman Wazbinski stated he was leaning towards closure for safety reasons. Councilman Moolenaar indicated he was sensitive to the safety of children and also sensitive to issues of vehicle and emergency vehicles. He did not feel it had been demonstrated that the Woodlawn area was any different than any other, therefore he was opposed to the closure. Councilman Tysse felt there was no real safety issue and stated he was opposed to the closure. Councilman Coppage felt the closure would be an improvement and supported the closure. Mayor Black felt there needed to be a stronger case for neighborhood safety before he would support the closure. Councilman Coppage suggested the possibility of making Woodlawn Street a one-way street. Mayor Black and Councilman Wazbinski felt that placing a one-way street in this area would lead to confusion. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, petitions have been received requesting the closure of Woodlawn Street at its intersection with North Saginaw Road, to create a cul-de-sac; and

WHEREAS, recommendations have been received from the Planning Commission, the City’s Traffic Engineer, the City Engineer, the Department of Public Services, the Fire Chief, and the Police Chief, regarding such action; and

WHEREAS, a public hearing was held on July 20, 1998, to provide an opportunity for the public to make comment on this request; and

WHEREAS, the Midland City Council hereby determines 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; and

WHEREAS, funds are available in the Local Street Fund to cover the costs of this change; now therefore

RESOLVED, that the Midland City Council hereby directs the Engineering Department to act in conformance with Chapter 24 of the Code of Ordinances of the City of Midland to initiate the traffic control order process to cause the closing of Woodlawn Street at its intersection with North Saginaw Road, and to create a cul-de-sac, conditioned upon the dedication of the necessary right-of-way, at no cost to the City. (Motion denied. Yeas: Coppage, Wazbinski Nays: Black, Moolenaar, Tysse)

West Wheeler Street (Access) James Schroeder, Director of Planning and Community Development, presented information on a request to allow access to the north side of West Wheeler Street approximately 300 feet west of the intersection of Jefferson Avenue. A public hearing was opened at 9:25 p.m. Richard T. Miller, 5107 Foxcroft, a realtor working for Patricia Snyder, owner of said property, spoke in support of the request. The hearing closed at 9:35 p.m. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a request has been received from Richard Miller, on behalf of Patricia Snyder, to allow access to the north side of West Wheeler Street (a controlled-access thoroughfare) approximately 300 feet west of the intersection of Jefferson Avenue; and

WHEREAS, recommendations to deny such access have been received from the Planning Commission, the City Engineer, and the City’s Traffic Engineer; and

WHEREAS, a public hearing was held on July 20, 1998, to provide an opportunity for the public to make comment on this request; and

WHEREAS, the Midland City Council hereby determines 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 Midland City Council hereby grants approval for access to the north side of West Wheeler Street approximately 300 feet west of the intersection of Jefferson Avenue. (Motion denied. Yeas: None Nays: Black, Coppage, Moolenaar, Tysse, Wazbinski)

IFT Applications - Dow Nancy Varner, Deputy City Assessor, presented information on requests received from The Dow Chemical Company to approve applications for tax abatements. The public hearing was opened at 9:45 p.m. Vincent Smith, 4704 Moorland, Vice President of Operations, spoke in support of the requests for the tax exemption certificates. The hearing closed at 9:50 p.m. Councilman John Tysse, recently retired from The Dow Chemical Company, requested he be allowed to abstain from voting on these issues. Council unanimously agreed to the abstention. The following four resolutions were then presented for consideration.

IFT - Dow Chemical ($14,000,000) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated May 29, 1998, which was received by the City Clerk on May 29, 1998, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $14,000,000 and is a capacity expansion of one of the specialty chemical businesses. The expansion will be constructed in a new building and includes related machinery and equipment with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on July 20, 1998, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

IFT - Dow Chemical ($4,076,000) The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated May 29, 1998, which was received by the City Clerk on May 29, 1998, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $4,076,000 and is a capacity expansion in two research and development facilities. The facilities produce fine specialty chemicals and pharmaceuticals. The expansion will be constructed in existing buildings. Four reactors will be upgraded in size, two centrifuges will be installed, and the utilities infrastructure will be improved with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on July 20, 1998, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

IFT - Dow Chemical ($3,000,000) The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated May 29, 1998, which was received by the City Clerk on May 29, 1998, for an Industrial Facilities Exemption Certificate relating to approval of a rehabilitation facility within said District; and

WHEREAS, the application for the certificate is for approval of a rehabilitation facility with the project estimated to cost $3,000,000 and involves replacing a process dryer system in the Saran Polymers Plant. This project will utilize an existing building and includes related machinery and equipment with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on July 20, 1998, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for rehabilitation facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

IFT-Dow Argosciences ($8,965,000) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, Dow Agrosciences made an application dated May 29, 1998, which was received by the City Clerk on May 29, 1998, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $8,965,000 and is for the installation of processing equipment to manufacture two new products (weed control chemicals). The process involves the manufacture of intermediates as well as final products. The manufacturing process will take place in three existing buildings which will be modified to accommodate the processing of these products with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on July 20, 1998, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from Dow Agrosciences for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Dow Agrosciences pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Parks & Recreation Master Plan Martin McGuire, Director of Public Services, presented a proposed Master Plan for Parks and Recreation. A public hearing was opened at 12:05 a.m., no comments were made, the hearing closed at 12:06 a.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the City Council hereby accepts the five year Master Plan for Parks and Recreation which was prepared jointly by the Parks and Recreation Commission, the Parks and Recreation Staff and the Planning Department Staff. (Motion adopted.) Approval of Plan does not authorize staff to go ahead.

 

 

PUBLIC COMMENTS: No comments were made.

Police & Fire Retirement Ord. The following ordinance amending the Code of Ordinances by adding a new Division 4, Article III entitled Police and Fire Retirement System was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

ORDINANCE NO. 1423

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;

(c) one active member of the police department elected by a majority vote of the members of the police department; and

(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.

(c) the members appointed by the city manager shall serve at the will of the city manager.

Sec. 2-89. Duties.

The retirement board shall:

  1. 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.
  2. Retain such legal, medical, actuarial, clerical or other services as may be necessary for the conduct of the affairs of the system.
  3. 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.
  4. Certify to the city council of the City of Midland the amount to be contributed by the city as provided for under the act.
  5. 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 least once every 3 years thereafter, until he or she reaches age 55.
  6. Meet at least once per month. Records of all board meetings shall be kept and all meetings shall be open to the public.
  7. Annually elect board officers as follows: one member to be president, one member to be vice-president and one member to be secretary.
  8. 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. (Ordinance adopted.)

 

Frantz and Sandow Area Water Main Improvement Projects  Brian McManus, Assistant City Engineer, presented information on the 1998 Sandow Area Water Main Improvement Project and the 1998 Franz Drive Water Main Improvement Project. The following four resolutions were then presented for consideration.

98 Frantz Drive Water Main Special Assessment District  Kathy Schukofski, 5220 Frantz Drive, stated she did not  know if she wanted water in the Frantz Drive area. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that action on the determination of necessity for the Frantz Drive Water Main Improvement project is hereby postponed until August 10, 1998. (Motion adopted.)

98 Frantz Drive Water Main Special Assessment Roll The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that action on the acceptance of the special assessment roll for the 1998 Frantz Drive Water Main Improvement project is hereby postponed until August 10, 1998. (Motion adopted.)

98 Sandow Area Water Main Special Assessment District   Several residents of the Sandow Area Water Main  Improvement Project came forth. Fred Hackett, 24 N. Sandow Road, David J. Moeggenberg, 288 Glen Road, Kenneth Compton, 1541 Solomon Road, Donald Sandow, 190 N. Sandow Road, Arnold Sanderson, owner of land at 165 N. Sandow Road, Daniel R. Hooper, 1531 Solomon, Charles Melchi, 345 Glen Road, all supported the necessity for water in the Sandow Road area. Jimmy D. Clemons, 83 N. Sandow Road, stated he was against water and felt communication between the City and the residents in the Sandow Road area was poor. Phillip L. Hansens, 1514 Glen Road, Claudetta Mapes, 288 N. Sandow Road, Linda Smith, 4911 Elmer Road, all supported the need for water in the Sandow Road area. Gail Mullen, 118 N. Sandow Road, did not want water at this time because of the cost. Barbara Beebe, 334 N. Sandow Road, Jeffrey P. Sage, 359 Glen Road, Henry B. Iafrate, 176 N. Sandow Road and Mary Sanderson, 150 N. Sandow Road, also supported the necessity of water in the Sandow Road area. Roger J. Bowen, 296 N. Sandow Road, called for better communication in the future between the City of Midland and the residents in the Sandow Road area. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, the City Council has given due notice of its intention to install water mains in certain streets, said improvement being more particularly described in a resolution dated June 29, 1998, said streets being:

CLARK ROAD from Sandow Road to 660 feet west

ELMER ROAD from Sandow Road to Glen Road

GLEN ROAD from Elmer Road to Solomon Road

PRAIRIE CREEK DRIVE entire street

SANDOW ROAD from Isabella Street to 100 feet south of Olson Road

SOLOMON ROAD from Sandow Road to Glen Road

and has heretofore established one special assessment district designated:

"1998 SANDOW AREA WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT (CLARK, ELMER, GLEN, PRAIRIE CREEK, SANDOW AND SOLOMON STREETS)"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, July 13, 1998, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered objections and suggestions to the proposed improvement and tabled action on this item pending more input from residents affected by this project; now therefore

RESOLVED, that the Council finds and determines that the installation of water mains on Clark, Elmer, Glen, Prairie Creek, Sandow and Solomon Streets, are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvements in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of three hundred ninety thousand dollars ($390,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be one hundred fifty-two thousand two hundred thirty-seven and 18/100 dollars ($152,237.18) and that all other costs and expenses of said improvements amounting to two hundred thirty-seven thousand seven hundred sixty-two and 82/100 dollars ($237,762.82) shall be borne and paid by special assessment on all lands and premises in said 1998 Sandow Area Water Main Improvement Special Assessment District (Clark, Elmer, Glen, Prairie Creek, Sandow and Solomon Streets); and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"1998 SANDOW AREA WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT (CLARK, ELMER, GLEN, PRAIRIE CREEK, SANDOW AND SOLOMON STREETS)"

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis. (Motion adopted.)

98 Sandow Area Water Main Special Assessment Roll  The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, pursuant to the direction of the Council, the City Assessor of said City of Midland has prepared and reported to the Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "1998 SANDOW AREA WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:30 o’clock p.m., on the tenth day of August, 1998, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the tenth day of August, 1998, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion adopted.)

Site Plan No. 172 - McDonald’s James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 172 - McDonald’s Restaurant on west side of Waldo Avenue. Gary Ferguson, 5920 Tahoe Drive, Grand Rapids, MI, speaking on behalf of McDonald’s, urged Council to vote favorably on the site plan. Maxine Hemingway, 619 Cypress Street, Wallace Koehn, 604 Waldo Avenue, Royleen VanEver, 702 Cypress, all spoke in opposition to the site plan. Raymond O’Laughlin, Manager of McDonald’s, urged Council to vote favorably on the site plan.

Councilman Coppage, seconded by Councilman Wazbinski, moved to amend the resolution approving the site plan by adding "with the addition of a sidewalk". The following resolution was then 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. 172, the request of Eric Ramsey, on behalf of McDonald’s Corporation, for site plan review and approval of McDonald’s Restaurant, a 2,574 square foot commercial building on 1.45 acres on the west side of Waldo Avenue north of Bay City Road, conditioned upon a left-turn lane being extended northerly along Waldo Avenue to Henry Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 172, 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. 172, in accord with the drawing dated as received June 5, 1998, with the addition of a sidewalk. (Motion adopted.)

Landfill Riser Vault Bldg & Site Modifications - Rejected Bids The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS sealed bids for the 1998 City of Midland Landfill Cell 14 Riser Vault Building and Site Modifications, Bid No. 2189, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has reported insufficient funds are available in the Landfill Funds; now therefore

RESOLVED, that all bids be rejected at this time. (Motion adopted.)

Landfill Site Modifications The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS sealed bids for the 1998 City of Midland Landfill Cell 14 Site Modifications, Bid No. 2211, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has reported sufficient funds are available from account number 517-9120-912.97-20 Buildings & Additions: now therefore

RESOLVED, that the low qualifying bid proposal submitted by Johnston Contracting, Inc. of Midland Michigan in the amount of $121,697.000 is hereby accepted and a purchase order is authorized. (Motion adopted.)

Landfill Cells 1-13 Closure Noel Bush, Director of Utilities, presented information on the purchase of landfill environmental services.  Councilman Tysse, a recent retiree of The Dow Chemical Company, requested Council allow him to abstain from voting on the issue of Closure of Cells 1 - 13 and on the approval of annual environmental testing. Radian International, LLC, is a subsidiary of The Dow Chemical Company. Council unanimously agreed to the abstention. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

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 services related to the closure of Cells 1-13 from Radian International, LLC; now therefore

RESOLVED, that a purchase order to Radian International, LLC, is authorized in an amount not to exceed $279,000 for professional services related to the closure of Cells 1-13. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Landfill - Environmental Testing The following resolution was offered by Councilman Coppage 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 $151,500 for professional engineering and environmental services. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Library - Materials & Services The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, Brodart, Inc. provides necessary and valuable services to the Library; and

WHEREAS, funding for these services are provided in the Library’s general fund; now therefore

RESOLVED, that the requirement for competitive bids is hereby waived in accordance with Section 2-19 of the Code of Ordinances, and the purchase of services from Brodart, Inc. is hereby approved for the 1998/99 fiscal year at a cost not to exceed $450,000. (Motion adopted.)

 

Wide Area Network Hardware & PC Hardware & Software The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed bids have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Network hardware and Personal Computer hardware and software; and

WHEREAS, funds have been budgeted in the 1998-99 Information Services Investment in Assets budget for Wide Area Network hardware and Personal Computer hardware and software purchases; now therefore

RESOLVED, that the City Council hereby accepts the sealed proposals meeting the City’s specifications submitted by ComputerLand of Saginaw, Michigan in the amount of $44,025.00 for Personal Computer hardware, Solutions Plus of Freeland, Michigan in the amount of $4,000.00 for Personal Computer software, and ENTEX Information Services of Lansing, Michigan in the amount of $450.00 for Wide Area Network hardware and purchase orders are authorized. (Motion adopted.)

 

98 Sidewalk Improvement Program; Contract No. 17 The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of sidewalks at various locations within the City of Midland; and

WHEREAS, funding for the 1998 Sidewalk Improvement Program is provided by the General Fund and Special Assessments (Account No. 408-9010-901.97-02, Project No. SD9809); now therefore

RESOLVED, that the low sealed proposal submitted by Sugar Construction, Inc. of Midland, Michigan, for the "1998 Sidewalk Improvement Program; Contract No. 17", in the indicated amount of $54,740.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

Aerial Lift Truck - DPS Martin McGuire, Director of Public Services, presented information on bids taken for one Aerial Lift Truck to be used in the Forestry Division. Paul Fleck, representative from Altech Ind., Indianapolis, IN, requested that before Council vote they reconsider the recommendation from staff to award the bid to Deco, Inc., Waukesha, WS. Martin McGuire stated considerable research was done before making the recommendation to Council. The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for an aerial lift truck (Bid No. 2198); and

WHEREAS, funding for the aerial lift truck in the amount of $115,000 is provided in the 1998-99 Equipment Revolving Fund, Investment in Assets budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order in the net amount of $97,529.00, after trade-in of city equipment no. 3-93, to Dueco, Inc. of Waukesha, Wisconsin in accord with the city specifications and the proposal. (Motion adopted.)

Softball Field Irrigation Systems The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for softball field irrigation systems (Bid No. 2215); and

WHEREAS, funding for the irrigation systems in the amount of $35,000 is included in the 1998-99 General Fund budget for Capital Outlay in the Recreation activity; and

WHEREAS, additional funding in the amount of $9,300 is available in the 1998-99 General Fund Public Improvements budget for Major Maintenance - Parks Facilities; now therefore

RESOLVED, that the City Controller is hereby authorized to transfer $9,300 from Major Maintenance - Parks Facilities, account number 101-8810-881.97-01 to Land Improvements in the Recreation activity, account number 101-7610-762.97-15; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order in the amount of $44,300.00 to B & D Lawn Sprinkler Service, Inc. of Rhodes, Michigan in accord with the city specifications and the proposal. (Motion adopted.)

98 Sidewalk Replacement Program; Contract No. 23  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the removal and replacement of existing damaged sidewalks in the northeast section of the City of Midland; and

WHEREAS, funding for this project in the amount of $135,000 is included in the 1998-99 FY General Fund budget for Sidewalk Maintenance, "Contracted Sidewalk Repair," (account number 101-4480-734.81-05); now therefore

RESOLVED, that the sealed proposal meeting City specifications submitted by Sova and Sons Contracting of Midland, Michigan for the "1998 Sidewalk Replacement Program, Contract No. 23," in the indicated amount of $89,577.50 based on City estimated quantities is accepted and the Mayor and City Clerk are authorized to execute a contract in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that the Director of the Department of Public Services is authorized to issue and approve change orders for additional quantities of work at the unit prices bid, up to a maximum expenditure of $135,000. (Motion adopted.)

 

98 Waldo Ave. Sanitary Sewer Petition to Mgr. for Report The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Council has had under consideration the installation of a sanitary sewer on a certain street in the City of Midland, said street being:

WALDO AVENUE from Whitewood Drive to 1000 feet north

; now therefore

RESOLVED, that the City Manager be directed to prepare a report which shall include necessary plans, diagrams and specifications, estimates of the cost of the improvements, an estimate of the life thereof, a description of the district benefited and such other pertinent information as will permit the Council to decide the cost, extent and necessity of the improvements proposed, and what part or portion thereof should be paid by special assessments upon the property especially benefited, and what part, if any, should be paid by the City at large, in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion adopted.)

 

98 Waldo Ave. Sanitary Sewer (Hearing of Necessity)  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a water main in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

WALDO AVENUE from Whitewood Drive to 1000 feet north

;and

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

RESOLVED, that the City Council finds and determines that the construction of said water main, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

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

"1998 WALDO AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

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

WALDO AVENUE from Whitewood Drive to 1000 feet north

Commencing at the West 1/4 Corner of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 215 feet, along the West Section Line, to the Point of Beginning; thence North 585 feet, along the West Section Line; thence East 250 feet; thence South 585 feet; thence West 250 feet, to the Point of Beginning; ALSO; Beginning at the intersection of the West Section Line with the North 1/8 Line of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan; thence South 312 feet, along the West Section Line; thence East 416 feet; thence North 312 feet, to the North 1/8 Line; thence East, to the Westerly Right of Way Line of Highway US-10; thence Northwesterly, along the Westerly Right of Way Line of Highway US-10, to a point 140 feet North from the North 1/8 Line; thence West, parallel to the North 1/8 Line, to the West Section Line; thence South 140 feet, along the West Section Line, to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is fifty-three thousand dollars ($53,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be thirty-seven thousand three hundred twenty-one and 44/100 dollars ($37,321.44) and that all other costs and expenses of said improvement amounting to fifteen thousand six hundred seventy-eight and 56/100 dollars ($15,678.56) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 10, 1998 at 7:30 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

 

98 Waldo Ave. Water Main Petition to Mgr. for Report  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Council has had under consideration the installation of a water main on a certain street in the City of Midland, said street being:

WALDO AVENUE from Whitewood Drive to 1000 feet north

; now therefore

RESOLVED, that the City Manager be directed to prepare a report which shall include necessary plans, diagrams and specifications, estimates of the cost of the improvements, an estimate of the life thereof, a description of the district benefited and such other pertinent information as will permit the Council to decide the cost, extent and necessity of the improvements proposed, and what part or portion thereof should be paid by special assessments upon the property especially benefited, and what part, if any, should be paid by the City at large, in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion adopted.)

 

98 Waldo Ave. Water Main (Hearing of Necessity)  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a water main in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

WALDO AVENUE from Whitewood Drive to 1000 feet north

;and

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

RESOLVED, that the City Council finds and determines that the construction of said water main, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

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

"1998 WALDO AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

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

WALDO AVENUE from Whitewood Drive to 1000 feet north

Commencing at the West 1/4 Corner of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 215 feet, along the West Section Line, to the Point of Beginning; thence North 585 feet, along the West Section Line; thence East 250 feet; thence South 585 feet; thence West 250 feet, to the Point of Beginning; ALSO; Beginning at the intersection of the West Section Line with the North 1/8 Line of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan; thence South 312 feet, along the West Section Line; thence East 416 feet; thence North 312 feet, to the North 1/8 Line; thence East, to the Westerly Right of Way Line of Highway US-10; thence Northwesterly, along the Westerly Right of Way Line of Highway US-10, to a point 140 feet North from the North 1/8 Line; thence West, parallel to the North 1/8 Line, to the West Section Line; thence South 140 feet, along the West Section Line, to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is fifty-three thousand dollars ($53,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be thirty-seven thousand three hundred twenty-one and 44/100 dollars ($37,321.44) and that all other costs and expenses of said improvement amounting to fifteen thousand six hundred seventy-eight and 56/100 dollars ($15,678.56) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 10, 1998 at 7:30 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

Garza - Request to Sell Ice Cream on Public Right of Way  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the request of Anne M. Garza to conduct ice cream sales on public rights of way is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner. (Motion adopted.)

 

Being no further business the meeting adjourned at 12:13 a.m.

 

_____________________________________

Penny K. Kovacevich, City Clerk