August 10, 1998

A regular meeting of the City Council was held on Monday, August 10, 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

 

Philip Van Dam introduced the host families, committee members and students involved with the student exchange with Midland’s Sister City, Handa, Japan. The students from Handa, Japan presented Mayor Black and the City of Midland with a gift from the City of Handa.

Minutes Mayor Black requested the minutes of the July 20, 1998 special meeting be changed to reflect Councilman Moolenaar present. Approval of the minutes of the July 20, 1998 regular meeting and special meeting of July 20, 1998 as amended and the special meeting of August 3, 1998 was then offered by Councilman Moolenaar and seconded by Councilman Coppage. (Motion adopted.)

Safety Leadership Award Gussie Peterson, Safety and Health Manager, introduced Paula Speese, the recipient of the second annual Safety Leadership Award. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

IN RECOGNITION

WHEREAS, the City Manager has established the Safety Leadership Award to annually recognize a City employee or employee group for extraordinary efforts and achievements in promoting safety for City of Midland employees; and

WHEREAS, this award is dedicated to the memory of Ted Wejrowski, who lost his life working as an employee of the City of Midland; and

WHEREAS, the City of Midland Employee Safety Action Committee has selected Paula Speese, Administrative Assistant for the Department of Public Services, as the second annual recipient of this award due to her significant and ongoing contributions to City safety and wellness programs at a number of levels for many years; and

WHEREAS, the Chairman of the Employee Safety Action Committee, David Cole, presented the second annual Safety Leadership Award to Paula at the City safety picnic on July 22, 1998; now therefore

RESOLVED, that the Midland City Council acknowledge the extraordinary contributions that Paula Speese has made to the City safety program and congratulate her for being the second annual recipient of the award. (Motion adopted.) Mayor Black then presented a certificate of recognition to Paula Speese.

 

Public Safety Announcements - Employee Safety Action Committee  Barbara Panian, Senior Housing Manager, speaking on behalf of the Communication Task Force of the Employee Safety Action Committee, presented three public service videos developed in response to employee concern about work zone safety. The videos titled "Our Safety is in Your Hands", featured Tim Meyer, Water Distribution; Karen Brines, Wastewater; and Ron Munger, Department of Public Services.

 

98 Frantz Drive Water Main Improvement  Brian McManus, Assistant City Engineer, presented information on the 1998 Frantz Drive Water Main Improvement project. A public hearing was held on July 13, 1998. Mayor Black reopened the public hearing at 8:05 p.m. Shirley Hodges, 5215 Frantz Drive and Jennifer Jewell, 5209 Frantz Drive, opposed the water main project in the Frantz Drive area. The public hearing closed at 8:10 p.m. Councilman Wazbinski stated he was leaning toward denying necessity because the majority of residents are opposed to the project. Councilman Wazbinski wanted residents to understand if this project was pursued in the future, the costs may be higher and it may take longer for the project to be completed. Mayor Black stated the need for water does not seem to be a serious problem now. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

FRANTZ DRIVE from Sandow Road to the end of the street

and has heretofore established one special assessment district designated:

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 a water main on Frantz Drive, is a necessary public improvement, 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 improvement 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 twenty-eight thousand dollars ($28,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be fifteen thousand eight hundred thirty-four and 78/100 dollars ($15,834.78) and that all other costs and expenses of said improvements amounting to twelve thousand one hundred sixty-five and 22/100 dollars ($12,165.22) shall be borne and paid by special assessment on all lands and premises in said 1998 Frantz Drive Water Main Improvement Special Assessment District; 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:

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 denied. Yeas: None Nays: Black, Coppage, Moolenaar, Tysse, Wazbinski)

 

98 Sandow Area Water Main Special Assmt. District  Diane Dryzga, City Assessor, presented information on  the amended 1998 Sandow Area Water Main Improvement Special Assessment District. The public hearing was opened at 8:13 p.m. Jim Clemons, 611 Sandow Road, asked the number of years, how interest was calculated and if early payoff was available. Richard Merling, 5206 Clark Road, requested his property be assessed as a single parcel instead of two and the payment be spread over 10-15 years. Jack Moore, 804 Sandow Road, requested longest number of years possible for payments. Gail Mullin, 716 Sandow, asked about other charges for water hookup and expressed problems in paying for assessment. The public hearing was closed at 8:23 p.m. Councilman Wazbinski suggested 10 years for repayment. Councilman Coppage stated most of the lots in this area are larger which results in larger costs and the need for additional years for repayment. Staff was directed to follow-up on payment of the Midland County Drain Assessment; it is City policy to take over drain costs once property is annexed to the City. The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

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 water main improvements on the "1998 SANDOW AREA WATER MAIN 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 remove parcel code 040-014-100-051-00 from the Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby reduce the assessable frontage from 233 feet to 223 feet and the special assessment from $4,653.00 to $4,453.30 on parcel code 040-600-500-031-00; and

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

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

RESOLVED FURTHER, that said amended Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $231,532.10 and that the total estimated cost of said improvements is $390,000.00, and the City at large cost is $158,467.90; and

RESOLVED FURTHER, that the amount of said roll shall be divided into 10 annual installments with interest, one of which is to be collected during the year of 1999, and one during each succeeding year for 9 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 10 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 10 annual installments with interest. (Motion adopted.)

 

98 Sandow Water Mains; Contract No. 2  Jim Clemons, 611 Sandow, asked if bid would be adjusted due to the elimination of the Frantz Road project. Bobbie Kehrer, 817 Prairie Creek Road, expressed concern over pine trees on her lot being destroyed during construction. Bobbie Kehrer and Bernice Tucker, 814 Prairie Creek Road, were both dissatisfied with work previously done by Huckins Contracting. Harry Iafrate, 908 Sandow, asked the City to pick up cost of Midland County Drain Assessment. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of water mains on Clark, Elmer, Frantz, Glen, Prairie Creek, Sandow and Solomon Roads; and

WHEREAS, funding for this project is provided by Special Assessments and the Water Fund (Project No. WD9822); now therefore

RESOLVED, that the low sealed proposal submitted by Huckins Contracting of Beaverton, Michigan, for the "1998 Sandow Area Water Mains; Contract No. 2", in the indicated amount of $324,333.00, 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.)

 

98 Waldo Avenue Sanitary Sewer Improvement  Brian McManus, Assistant City Engineer, presented  information on the 1998 Waldo Avenue Sanitary Sewer Improvement project. The public hearing was opened at 8:50 p.m. George Hubert, 4302 Waldo Avenue, supported the project. Martyn Griffin, 3208 Mt. Vernon Court, inquired on timing of construction. Cheryl Hubert, 4302 Waldo Avenue, questioned if future annexed property owners would be charged for these improvements. The public hearing closed at 8:55 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Council has given due notice of its intention to install a sanitary sewer in a certain street, said improvement being more particularly described in a resolution dated July 20, 1998, said street being:

WALDO AVENUE from Whitewood Drive to 1000 feet north

and has heretofore established one special assessment district designated:

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 10, 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 all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Waldo Avenue, is a necessary public improvement, 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 improvement 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 sixty-three thousand dollars ($63,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be forty thousand four hundred six and 48/100 dollars ($40,406.48) and that all other costs and expenses of said improvements amounting to twenty-two thousand five hundred ninety-three and 52/100 dollars ($22,593.52) shall be borne and paid by special assessment on all lands and premises in said 1998 Waldo Avenue Sanitary Sewer Improvement Special Assessment District; 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:

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 Waldo Avenue Sanitary Sewer Special Assmt. Roll  The following resolution was offered by Councilman Tysse and seconded by Councilman Coppage:

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 WALDO AVENUE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Sanitary Sewer 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 twenty-fourth 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 twenty-fourth 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.)

 

98 Waldo Avenue Water Main Improvement  Brian McManus, Assistant City Engineer, presented information on the 1998 Waldo Avenue Water Main Improvement project. The public hearing was opened at 8:58 p.m. George Hubert, 4302 Waldo Avenue, supported the project. The public hearing was closed at 9:00 p.m. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council has given due notice of its intention to install a water main in a certain street, said improvement being more particularly described in a resolution dated July 20, 1998, said street being:

WALDO AVENUE from Whitewood Drive to 1000 feet north

and has heretofore established one special assessment district designated:

"1998 WALDO AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 10, 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 all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a water main on Waldo Avenue, is a necessary public improvement, 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 improvement 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 fifty-three thousand dollars ($53,000.00) and that the proportion of the cost and expense to be borne and paid 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 improvements amounting to fifteen thousand six hundred seventy-eight and 56/100 dollars ($15,678.56) shall be borne and paid by special assessment on all lands and premises in said 1998 Waldo Avenue Water Main Improvement Special Assessment District; 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 WALDO AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

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 Waldo Avenue Water Main Special Assmt. Roll  The following resolution was offered by Councilman Wazbinski 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 WALDO AVENUE 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 twenty-fourth 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 twenty-fourth 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.)

 

Property Acquisition - Sugnet Road Extension  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Midland City Council has determined that the extension of Sugnet Road from Main Street west to Dublin Avenue is a public improvement necessary to protect the general health, safety and welfare of the people of the City of Midland; and

WHEREAS, this determination has been expressed by adoption of the City of Midland’s Major Thoroughfare Plan which includes the extension of Sugnet Road from Main Street west to Dublin Avenue; and

WHEREAS, a portion of the extended Sugnet Road was recently constructed in conjunction with the construction of the new entrance to Northwood University; and

WHEREAS, the majority of the property required to complete the extension of Sugnet Road from the Northwood University entrance west to Dublin Avenue has been acquired from Northwood University; and

WHEREAS, the City Council has concluded that, in order to complete the extension of Sugnet Road from the Northwood University entrance west to Dublin Avenue, the acquisition of one additional parcel of property is required; and

WHEREAS, Section 5.6 of the Midland City Charter and 1911 P.A. 149 authorize the City to acquire, by exercise of eminent domain or otherwise, real or personal property for appropriate public purposes; now therefore

RESOLVED, that the City Council hereby finds it necessary to acquire the property necessary to complete the extension of Sugnet Road from the Northwood University entrance west to Dublin Avenue; and

RESOLVED FURTHER, that in order to accomplish this extension of Sugnet Road, the City shall acquire, and if necessary, initiate condemnation proceedings on behalf of the City pursuant to 1980 P.A. 87, 1911 P.A. 149, Section 5.6 of the City Charter and other pertinent law, and take such action as is necessary to acquire the following property:

;and

RESOLVED FURTHER, that the City Manager is authorized to take such action as is necessary or appropriate to accomplish this acquisition and extension; and

RESOLVED FURTHER, if necessary, the City Council authorizes and directs the City’s counsel to institute condemnation proceedings in accordance with 1980 P.A. 87 and other pertinent law and to issue a Declaration of Taking and other necessary documents for such parcels and to take such action as is necessary to complete the acquisition of the above referenced property. (Motion adopted.)

Annexation - Homer Twp. The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Homer by property owners that are the subject of the petitions and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioners, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the City Clerk will forward to the Office of the Great Seal of the Michigan Department of State, the Midland County Clerk, and the Midland County Equalization Department notification of said annexation. (Motion adopted.)

 

Time Extension - Sidewalk in Stratford Estates  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Nicolaos A. and Elaine D. Rapanos, proprietors of Stratford Estates, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Stratford Estates until September 1, 2001, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Time Extension - Sidewalk in Woodview Pass Estates No. 1  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Midland Investment Company, on behalf of Apollo Ventures, Inc., proprietor of Woodview Pass Estates No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Woodview Pass Estates No. 1 until September 1, 1999, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Time Extension - Sidewalk in Amberwood Subdivision  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Keith L. Schroeder, President of Schroeder Builders, Inc., on behalf of SBI Limited Partnership, proprietor of Amberwood Subdivision, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk adjacent to Lots 10 and 11 within Amberwod Subdivision until September 1, 1999, and that all remaining sidewalk be installed this construction year. The extension of time is conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Time Extension - Sidewalk in Scenic Estates No. 1  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Midland Investment Company, on behalf of Prodo, Inc., proprietor of Scenic Estates No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Scenic Estates No. 1 until September 1, 1999, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Time Extension - Sidewalk in Scenic Estates No. 2  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Midland Investment Company, on behalf of Prodo, Inc., proprietor of Scenic Estates No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Scenic Estates No. 2 until September 1, 1999, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Time Extension - Sidewalk in Scenic Estates No. 3  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Midland Investment Company, on behalf of John A. and Judith Ann Rapanos, proprietors of Scenic Estates No. 3, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Scenic Estates No. 3 until September 1, 1999, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Time Extension - Improvements Wintergreen Estates No. 12 James Schroeder, Director of Planning and Community Development, presented information on the extension of time request for the completion of improvements in Wintergreen Estates No. 12. Councilman Tysse stated residents’ concerns of an unsightly lot on Copper Ridge. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that action on a request to extend the period of time to complete the improvements in the subdivision of Wintergreen Estates No. 12 is hereby postponed until August 24, 1998. (Motion adopted.)

 

Time Extension - Sidewalk in Parkside Estates No. 2  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Midland Investment Company, on behalf of John A. Rapanos, proprietor of Parkside Estates No. 2, to extend the period of time to complete the sidewalk within said subdivision; and

WHEREAS, approximately 90 percent of all the required sidewalk has been completed in said subdivision; and

WHEREAS, the City Council finds that the completion of all sidewalk in Parkside Estates No. 2 is in the public interest; now therefore

RESOLVED, that the City Council declines to extend the time of completion for said sidewalk; and

RESOLVED FURTHER, that failure on the part of the proprietor to complete said sidewalk by September 15, 1998, shall cause the City administration to complete said sidewalk and to draw on the current existing financial guarantee to cover the cost. (Motion adopted.)

 

Time Extension - Sidewalk in Hidden Stone Estates  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Midland Investment Company, on behalf of Prodo, Inc., proprietor of Hidden Stone Estates, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Hidden Stone Estates until September 1, 1999, except for the installation of the sidewalk in the Hidden Stone Court right-of-way adjacent to unplatted lots along Ashman Street, and the walkway between Lots 4 and 5, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by September 15, 1998, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

Plumbing Board of Appeals The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Chuck Lichon is hereby appointed as the Health Department representative to the Plumbing Board of Appeals and the Sewer District Board of Appeals for terms to expire June 30, 2001. (Motion adopted.)

Sewer District Board of Appeals The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Chuck Lichon is hereby appointed as the Health Department representative to the Sewer District Board of Appeals for his tenure of office. (Motion adopted.)

 

Municipal Employees Retirement System Annual Meeting  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Robert E. Fisher be appointed delegate and Dennis D. Morgan be appointed alternate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held on September 21 through 23, 1998. (Motion adopted.)

New Roadway - Diamond Drive The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the roadway located between Waldo Avenue and the easterly terminus of Airport Road in Section 2, T14N, R2E, and Sections 34 & 35, T15N, R2E City of Midland as described in the deeds recorded on Liber 861, page 729; Liber 857, page 377; and Liber 842, page 928 Midland County Records be designated as Diamond Drive. (Motion adopted.)

Sale of Surplus Equipment The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the "1998 Surplus Equipment Report" attached as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the City Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, August 22, 1998. (Motion adopted.)

 

Partnership Agreement - MPS Joint Training Project James Schroeder, Director of Planning and Community Development, presented information on the proposed joint training project for residential and commercial building maintenance with Midland Public Schools. Councilman Coppage indicated this joint training program is a good example of the vocational opportunities offered through Midland Public Schools. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the Midland Public Schools administration has requested a joint program with the City of Midland by having students in the Residential and Commercial Building Maintenance Classes practice maintenance at city facilities; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, the joint program will use city facilities as training sites; and

WHEREAS, the locations are Washington Woods, Riverside Place, Civic Arena and the Midland Public Schools Building Trades House; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City facilities, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Partnership Agreement between the City of Midland and the Midland Public Schools for this purpose. (Motion adopted.)

 

Roof & Parking Lot Drainage System Disconnection Ordinance   Jack Duso, Assistant City Manager, presented information on the recommendation from SESAC for an ordinance which would require the disconnection of all roof and parking lot drainage systems from the sanitary sewer. Karl Tomion, City Manager, stated the inspection process could start immediately.

Councilman Coppage stated a flexible time frame for compliance should be implemented with the cost of disconnection taken into consideration. Time variance requests should be handled by an appeals board.

Mayor Black stated the appeals board should grant temporary variances until the scope of the problems can be determined.

Councilman Coppage stated the penalty for noncompliance should be a civil infraction.

Councilman Tysse stated a sliding scale should be used for the penalty.

Councilman Moolenaar requested the time prior to the adoption of such ordinance be used for public awareness and education.

Karl Tomion, City Manager, suggested the Council outline the appeal process, set the policy for appeals and have an appeal board enforce the policy.

The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City Council has appointed a Sewer Engineering Study Advisory Committee (SESAC) to, among other things, make recommendations to Council on ordinance amendments to improve the operations of both the city’s sanitary and storm sewer system; and

WHEREAS, the SESAC has recommended an ordinance be adopted that requires the disconnection of all roof drainage and parking lot drainage systems from the sanitary sewer system. Further that the City conduct a city-wide inspection program to locate all such connections; and

WHEREAS, the City administration has concurred with this recommendation and advocates that an ordinance be developed and an inspection program be implemented immediately; now therefore

RESOLVED, that the City Council hereby directs the City Attorney to prepare such an ordinance for consideration by the City Council; and

RESOLVED FURTHER, that this ordinance provide that a property owner be given ninety days from a notice of non-compliance to complete the disconnection; and

RESOLVED FURTHER, that if after the ninety day period the property owner continues to be in non-compliance and violates this ordinance that it be deemed to be a civil infraction and subject to penalties provided under the Code of Ordinances. (Motion adopted.)

 

DART Operating Assistance MDOT Agreement No. 98-0198  The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the City Manager and City Clerk are authorized to execute Agreement No. 98-0198 with the Michigan Department of Transportation for Section 5311 (formerly 18) operating assistance for the City’s DART bus system. (Motion adopted.)


98 Clay Street Forcemain Sewer; Contract No. 13  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 replacement of the forcemain sewer along Clay, Patrick and Quincy Streets from the Clay pump station to Waldo Avenue and the installation of a gravity sanitary sewer along Clay Street from Paine Drive to the Clay pumping station and a gravity sanitary sewer along Patrick Road from the Jay pumping station to 700 feet east; and

WHEREAS, funding for this project is provided by the Wastewater Fund (Project Number WW9801); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1998 Clay Street Forcemain Sewer; Contract No. 13", in the indicated amount of $438,722.00, 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.)

Landfill Equipment Rental The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed bids for the rental of one dozer, soil compactor, and agricultural tractor with two pans 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 in the 1998-99 budget encumbered from Acct. #517-9120-912.97-15 (Land Improvements); now therefore

RESOLVED, that the rental of the following equipment:

be approved and purchase orders be authorized in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland. (Motion adopted.)

 

Being no further business the meeting adjourned at 9:58 p.m.

 

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Sandy Marshall, Deputy City Clerk