September 14, 1998

A regular meeting of the City Council was held on Monday, September 14, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

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

Councilmen absent: None

 

Minutes   Approval of the minutes of the August 24, 1998 regular meeting was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

THE MARCH Day Selina Tisdale, Community Relations Coordinator, introduced Midland Community Cancer Services Director Susan Dusseau. Midland Community Cancer Services is planning an event in conjunction with events in Lansing and Washington, DC called "The March". Ms. Dusseau requested Council consider proclaiming September 25, 1998 as "The March Day" in Midland. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating September 25, 1998, as The March Day in Midland. (Motion adopted.) Mayor Black presented The March Day proclamation to Susan Dusseau.

PUBLIC COMMENTS     No comments were made.

Disconnection of Downspouts & Drains from Sewer Ordinance     Noel Bush, Utilities Director, presented an update on the downspout inventory. The Utilities Department has been using meter readers for initial inspections of residential structures and Wastewater staff for inspections of commercial facilities to inventory potential connections of downspouts, roof drains, parking lots and driveway drains to the sanitary sewer system. Anticipated completion of the inventory is September 22, 1998. Upon completion of the inventory, staff will send letters to suspect homeowners asking for their cooperation in verifying the connection of the roof drains to the footing drains and sanitary sewers. The Engineering Department will estimate the volume of water that will be removed by the elimination of these sources of direct surface water inflow.

Patricia Halm, City Attorney, presented information on the second reading of an ordinance requiring the disconnection of downspouts, roofing drains, yard drains, driveway drains, truck dock and parking lot drains from the sanitary sewer system.

Glenn Gelderbloom, 5512 Ridgemont Court, expressed his concerns that after notification of a violation the property owner has only 30 days to disconnect downspouts and 60 days to disconnect roofing drains, yard drains, driveway drains, truck docks and parking lot drains. Mr. Gelderbloom felt the date for completion after notification did not allow enough time to correct the violation.

The following ordinance requiring the disconnection of downspouts, roofing drains, yard drains, driveway drains, truck dock and parking lot drains from the sanitary sewer system was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

Ordinance No. 1424

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Section 21-43, Article I of Chapter 21 thereof; by amending Sections 28-110.1, 28-111, 28-112 and 28-113 of Article III, Division 1 of Chapter 28 and by adding new Sections which shall be designated Sections 28-110.2, 28-113.1 and 28-113.2 of Article III, Division 1 of Chapter 28 thereof; and by amending Sections 34-1 and 34-5 of Chapter 34 thereof.

The City of Midland Ordains:

Section 1: Chapter 21, Article I, Section 21-43, is hereby amended to read as follows:

Sec. 21-43. Sewer Connection Fees.

a) There are hereby established two (2) separate classifications of sewer connection permits:

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

Section 2: Chapter 28, Article III, Division 1, Section 28-110.1 is hereby amended to read as follows:

Sec. 28-110.1. Stormwater and groundwater prohibited in sanitary sewer, building sanitary sewer or lateral sewer.

After October 26, 1987, any new installation of a downspout, weep tile, footing drain, sump pump discharge or any other conduit that carries storm or groundwater shall not be allowed to discharge into the sanitary sewer, building sanitary sewer or lateral sewer.

Section 3: Chapter 28, Article III, Division 1, Section 28-110.2 is hereby added to read as follows:

Sec. 28-110.2. Downspout, roofing drain, yard drain, driveway drain, truck dock and parking lot drain connection to sanitary sewer, building sanitary sewer or lateral sewer prohibited.

The purpose of this section is to diminish the threat to the health, safety and welfare of the people of the City of Midland who may be affected by flood or other damage caused by the accumulation of storm water and groundwater draining from downspouts, roofing drains, yard drains, driveway drains, truck docks and parking lot drains directly into the sanitary sewer system and to reduce economic losses to individuals and the community at large.

After November 30, 1998, it shall be unlawful to discharge stormwater or groundwater directly into a City of Midland sanitary sewer, building sanitary sewer or lateral sewer from downspouts, roofing drains, yard drains, driveway drains, truck docks and/or parking lot drains constructed or installed prior to October 26, 1987 unless a waiver has been granted in accordance with Section 28-112. For purposes of this division, yard drains shall be defined as drains located within the lawn area and shall not include patio drains, basement walk-out drains or other drains associated with residential buildings. Driveway drains shall not include garage drains.

Section 4. Chapter 28, Article III, Division 1, Sections 28-111, 28-112 and 28-113 are hereby amended to read as follows:

Sec. 28-111. Order to Disconnect.

(a) In the event that, after November 30, 1998, a downspout, roofing drain, yard drain, driveway drain, truck dock or parking lot drain remains connected to a City of Midland sanitary sewer, building sanitary sewer or lateral sewer, the Utilities Director shall issue an Order to Disconnect to the owner of the property on which the drain is located.

(b) Service of the Order shall be made upon the owner of the property either personally or by:

1. Mailing a copy of such Order by certified mail, postage prepaid, return receipt requested, to each owner of the property as indicated by the records of the City Assessor; or

2. If no address is specified in the assessor’s records or is otherwise known to the Utilities Director, a copy of the Order shall be mailed to the owner of record at the building address and a copy of the Order shall also be posted in a conspicuous place on the building.

The failure of any such owner of record to receive a copy of the Order shall not affect the validity of any proceedings taken under this division. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Proof of service of the Order shall be by affidavit sworn to by the person effecting service; declaring time, date and manner in which the service was made. The affidavit, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Order which shall be retained by the Utilities Director.

(c) An Order to Disconnect shall specify the property at issue and shall require:

1. That all downspouts located on the property shall be disconnected from all City of Midland sanitary sewers, building sanitary sewers or lateral sewers within thirty (30) days of the issuance of said Order; or

2. That all roofing drains, yard drains, driveway drains, truck dock and parking lot drains shall be disconnected from all City of Midland sanitary sewers, building sanitary sewers or lateral sewers within sixty (60) days of the issuance of said Order.

 

(d) An Order to Disconnect shall notify the owner of the property that a waiver of the Order to Disconnect may be obtained by appealing to the Building Board of Appeals as provided in Section 28-113. A copy of said Section shall be attached to the Order.

sec. 28-112. Waivers.

A waiver of an Order to disconnect may by obtained for the following reasons:

1. Economic hardship.

2. Contractor availability or other construction constraints.

A waiver may be granted for any period of time; provided, however, that under no circumstance shall a waiver be granted for a total waiver period greater than one year.

Sec. 28-113. Appeals.

Any owner of property subject to an Order to Disconnect may appeal the issuance of said Order to the City of Midland Building Board of Appeals, as created under Chapter 5, Section 5-27 of the City of Midland Code of Ordinances. The Board shall hold public hearings to consider such appeals. The Board is authorized to investigate all appeals and to grant waivers of Orders to Disconnect. The running of the period to disconnect specified in Section 28-111(c)(1) and (2) shall be suspended until such time that a decision regarding the appeal is rendered by the Board.

All appeals shall be in writing and shall be filed with the Chief Building Official. An appeal shall state the reason(s) why the property owner has requested the waiver. If the waiver has been requested due to economic hardship, the property owner shall provide to the Board written documentation regarding the hardship. A fee as established in Chapter 21 of said Code shall accompany each appeal.

Section 5: Chapter 28, Article III, Division 1, Sections 28-113.1 and 28-113.2 are hereby added to read as follows:

Sec. 28-113.1. Penalties.

Any person who violates Section 28-110.2 and who has failed to comply with an Order issued pursuant to Section 28.111(c), and from which no appeal has been taken, shall be responsible for a municipal civil infraction. Upon conviction of such infraction, such person shall be punished as provided in Chapter 34 and fined according to Section 21-101 of Chapter 21 of the Code of Ordinances. The imposition of one (1) municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violation or defects. Every day of non-compliance shall be deemed a separate violation. Imposition of the fine specified in Section 21-101 of Chapter 21 shall not be held to prevent the enforced removal of the sanitary sewer connection.

Sec. 28-113.2. Council Review.

At the last City Council meeting held in May, 1999, the City Council shall review Section 28-112 - Waivers and the data compiled by the Building Board of Appeals as a result of the appeals filed with that Board pursuant to Section 28-113.

Section 6. Sections 34-1 and 34-5 of Chapter 34 are hereby amended to read as follows:

Section 34-1. Definitions.

As used in this Chapter:

a) "Act" means Act # 236 of the Public Acts of 1961, as amended.

b) "Authorized city official" means a police officer or other personnel of the City, authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal infractions violation notices. The following persons other than police officers are also authorized city officials authorized to issue municipal civil infraction citations or notices: the Chief Building Official, the Fire Chief, the Director of Community Development and Planning, the Director of Public Services, the Utilities Director and their authorized representatives.

c) "City" means the City of Midland.

d) "Municipal civil infraction" means an act or omission that is prohibited by any ordinance of the City of Midland, but which is not a crime under such ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of the Act. A municipal civil infraction is not a lesser included offense of any ordinance violation that is a criminal offense.

e) "Municipal civil infraction action" means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.

f) "Municipal civil infraction citation" means a written complaint prepared by an authorized city official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

Section 34-5. Municipal Civil Infractions.

a) Violation of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1) Chapter 8. Uniform Fire Code.

(2) The City of Midland Zoning Ordinance.

Section 7. This Ordinance shall take effect upon publication. (Ordinance adopted.)

 

Ordinance Amendment - Drain Disconnection from Sewer     Council discussed the possible ramification disconnecting driveway drains from the sanitary sewer would have on the residents. After further discussion Councilman Wazbinski suggested Council consider amending the ordinance requiring the disconnection of downspouts, roofing drains, yard drains, driveway drains, truck dock and parking lot drains from the sanitary sewer system by removing the requirement to disconnect driveway drains. Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

Ordinance No. ______

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Section 28-110.1 and 28-111 of Article III, Division 1 of Chapter 28; and by amending Section 34-5 of Chapter 34 thereof.

The City of Midland Ordains:

Section 1: Chapter 28, Article III, Division 1, Sections 28-110.2 and 28-111 are hereby amended to read as follows:

Sec. 28-110.2. Downspout, roofing drain, yard drain, driveway drain, truck dock and parking lot drain connection to sanitary sewer, building sanitary sewer or lateral sewer prohibited.

The purpose of this section is to diminish the threat to the health, safety and welfare of the people of the City of Midland who may be affected by flood or other damage caused by the accumulation of storm water and groundwater draining from downspouts, roofing drains, yard drains, driveway drains, truck docks and parking lot drains directly into the sanitary sewer system and to reduce economic losses to individuals and the community at large.

After November 30, 1998, it shall be unlawful to discharge stormwater or groundwater directly into a City of Midland sanitary sewer, building sanitary sewer or lateral sewer from downspouts, roofing drains, yard drains, driveway drains, truck docks and/or parking lot drains constructed or installed prior to October 26, 1987 unless a waiver has been granted in accordance with Section 28-112. For purposes of this division, yard drains shall be defined as drains located within the lawn area and shall not include patio drains, basement walk-out drains or other drains associated with residential buildings. Driveway drains shall not include garage drains.

Sec. 28-111. Order to Disconnect.

(a) In the event that, after November 30, 1998, a downspout, roofing drain, yard drain, driveway drain, truck dock or parking lot drain remains connected to a City of Midland sanitary sewer, building sanitary sewer or lateral sewer, the Utilities Director shall issue an Order to Disconnect to the owner of the property on which the drain is located.

(b) Service of the Order shall be made upon the owner of the property either personally or by:

1. Mailing a copy of such Order by certified mail, postage prepaid, return receipt requested, to each owner of the property as indicated by the records of the City Assessor; or

2. If no address is specified in the assessor’s records or is otherwise known to the Utilities Director, a copy of the Order shall be mailed to the owner of record at the building address and a copy of the Order shall also be posted in a conspicuous place on the building.

The failure of any such owner of record to receive a copy of the Order shall not affect the validity of any proceedings taken under this division. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Proof of service of the Order shall be by affidavit sworn to by the person effecting service; declaring time, date and manner in which the service was made. The affidavit, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Order which shall be retained by the Utilities Director.

(c) An Order to Disconnect shall specify the property at issue and shall require:

1. That all downspouts located on the property shall be disconnected from all City of Midland sanitary sewers, building sanitary sewers or lateral sewers within thirty (30) days of the issuance of said Order; or

2. That all roofing drains, yard drains, driveway drains, truck dock and parking lot drains shall be disconnected from all City of Midland sanitary sewers, building sanitary sewers or lateral sewers within sixty (60) days of the issuance of said Order.

(d) An Order to Disconnect shall notify the owner of the property that a waiver of the Order to Disconnect may be obtained by appealing to the Building Board of Appeals as provided in Section 28-113. A copy of said Section shall be attached to the Order.

Section 34-5. Municipal Civil Infractions.

a) Violation of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1) Chapter 8. Uniform Fire Code.

(2) The City of Midland Zoning Ordinance.

(3) Chapter 28, Section 28-110.2. Downspout, roofing drain, yard drain, driveway drain, truck dock and parking lot drain connection to sanitary sewer, building sanitary sewer or lateral sewer prohibited.

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

Sidewalk - Parkside Estates No. 2 Agenda item 4a, resolution to rescind the resolution of August 10, 1998, requiring the completion of sidewalk in Parkside Estates No. 2 and agenda item 4b, extending the completion of the sidewalk in Parkside Estates No. 2 were dropped for lack of motion.

Legislation-Use of Public Funds for Improvements on Private Property   Jack Duso, Assistant City Manager, presented information  on a resolution requesting state legislators to introduce legislation that would grant authority to municipalities to utilize public funds to finance the private property costs associated with the disconnection of footing drains from the sanitary sewer system and to permit municipalities to special assess property owners for those costs. The SESAC Report and Recommendations presented to Council on August 3, 1998, included a recommendation that Council request our state legislators to introduce legislation that would allow municipalities to utilize public funds for the disconnection of footing drains from the sanitary sewer system. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, the city of Midland experienced a major rainfall event in June 1996 that forced sanitary sewage to backup into the basements of over 1,000 dwellings; and

WHEREAS, an analysis by the City's consulting engineers showed that the cause of the basement backups is the flow of storm water and ground water from basement footing drains connected to the City's sanitary sewer system; and

WHEREAS, one of the alternative solutions to this problem identified by the consulting engineers is to disconnect footing drains from the sanitary sewer system and reconnect them to the storm sewer system at a cost of $51.8 million; and

WHEREAS, $30.5 million of the cost of this alternative involves modifications to footing drains on private property; and

WHEREAS, the City's bond counsel has opined that without enabling legislation, Article VII, Section 26 of the Michigan Constitution of 1963 prohibits the City from using its credit to finance the disconnection of footing drains on private property thus requiring homeowners to bear that entire cost; and

WHEREAS, the Sewer Engineering Study Advisory Committee appointed by the City Council recommended that the City Council request that legislation be introduced in the state legislature to allow municipalities to assist property owners in financing the disconnection of footing drains on private property; now therefore

RESOLVED, that the City Council hereby requests Representative James McNutt and Senator Bill Schuette to introduce legislation that would allow municipalities to use public funds to finance improvements on private property necessary to disconnect footing drains from a sanitary sewer system; and

RESOLVED FURTHER, that the City Clerk is hereby instructed to send a certified copy of this resolution to Representative McNutt and Senator Schuette and the Michigan Municipal League. (Motion adopted.)

Clean Michigan Initiative     Jack Duso, Assistant City Manager, presented information on a resolution authorizing Council to endorse the Clean Michigan Initiative and to urge all registered voters in Midland to inform themselves of the benefits of this ballot proposal and consider casting a favorable vote on November 3, 1998. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, on November 3, 1998 Michigan voters will have an opportunity to consider the Clean Michigan Initiative ballot proposal that will authorize the state of Michigan to issue $675 million in bonds; and

WHEREAS, the Clean Michigan Initiative allocates $90 million to the clean water fund to protect and improve water quality, $50 million for non point source pollution control grants, $335 million for brownfield redevelopment and environmental cleanup, $5 million for lead hazard control, $20 million for pollution prevention, $25 million for cleanup of contaminated sediments in Michigan's lakes, rivers, and streams, $50 million for waterfront reclamation and revitalization for local economic development, public recreation, and improved environmental quality, $50 million to address priority health, safety, and environmental needs at our state parks, and $50 million for local parks and recreation; and

WHEREAS, the Clean Michigan Initiative will provide cleaner waterways, reduce urban sprawl and the loss of farmland and green space, create jobs and opportunities to revitalize our communities, enhance Michigan's reputation as an outstanding travel destination, enhance recreational opportunities, improve roads, electrical, water and sewer systems in state parks, and protect public health and safety; and

WHEREAS, these improvements will benefit people who visit Michigan's state parks, people who fish, swim, boat, and enjoy Michigan's vast water resources, and people who live, work, or play in Michigan communities; now therefore

RESOLVED, that the City Council hereby endorses the Clean Michigan Initiative and urges all registered voters in Midland to inform themselves of the benefits of this ballot proposal and consider casting a favorable vote on November 3, 1998; and

RESOLVED FURTHER, that the City Clerk is hereby instructed to send a certified copy of this resolution to U.S. Senator Spencer Abraham, Governor John Engler, and the Michigan Municipal League. (Motion adopted.)

Easement - Community Church of the Nazarene (Catch Basin) The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, Jefferson Avenue north of Chapel Lane has been subject to frequent flooding from overland storm water flow from lands to the east and resulted in pavement icing in the winter which would be reduced by construction of a catch basin; and

WHEREAS, the Community Church of the Nazarene has agreed to grant an easement to the City to allow construction of a catch basin behind the sidewalk on Jefferson Avenue; now therefore

RESOLVED, that the City Council hereby accepts the easement from the Community Church of the Nazarene and authorizes the recording in the County Register of Deeds. (Motion adopted.)

Annexation - Property within the US-10 Right of Way     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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 Townships of Larkin, Homer, and Lincoln 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, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Townships of Larkin, Homer, and Lincoln; 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.)

Annexation - Homer Township (North of Solomon East of Sandow) The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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, 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.)

Annexation - Homer Township (Southwest Corner of Vance & Penrod) The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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.)

Transfer of Jurisdiction of County Roads within the City     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the Midland County Road Commission adopted a resolution on August 4, 1998 authorizing the transfer of jurisdiction for certain County Roads to the City of Midland; and

WHEREAS, the City of Midland is desirous of accepting jurisdiction of certain County Roads to better serve the residents of the City of Midland; now therefore

RESOLVED, that the City Council hereby accepts jurisdiction of the following roads for maintenance and operation:

Sandow Road - from Isabella Street to 235 feet north of Solomon Road

Prairie Creek Drive - from Sandow Road to Sandow Road

Clark Road - from Sandow Road to 600 feet west

Elmer Road - from Sandow Road to 492 feet east

Solomon Road - from Sandow Road to 489 feet east

Glen Road - from Elmer Road to Solomon Road

(Motion adopted.)

Final Plat - Hillside Subdivision The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland is developing the plat of Hillside Subdivision, as proprietor; and

WHEREAS, the proprietor’s signature must be affixed to said plat; now therefore

RESOLVED, that the City Council authorizes the Mayor and City Clerk to execute said record plat on behalf of the City, as proprietor. (Motion adopted.)

Great America Main Street Award The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, that the economic health and cultural vibrancy of the downtown area of the City of Midland is important to the overall well-being of the City of Midland; and

WHEREAS, that the City Council of the City of Midland wholeheartedly supports the continued efforts to revitalize the downtown area; and

WHEREAS, that the City Council of the City of Midland supports the ongoing efforts of the Midland Downtown Development Authority in its efforts to improve the appearances of the downtown area and its economic position; now therefore

RESOLVED, that the City Council fully supports the entry into the Great American Main Street Awards competition. (Motion adopted.)

TCO P-98-05 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. P-98-05 filed July 6, 1998 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

is hereby made permanent. (Motion adopted.)

Landfill Office/Maintenance Bldg The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed bids for the Landfill Office/Maintenance Building, Bid No. 2221, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the cost of the lowest bid exceeds the amount of available funding; now therefore

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

Ashman Circle Parking Imp. James Schroeder, Director of Planning and Community Development, presented information on a resolution that would accept a gift of funds to pay for parking improvements in the Ashman Circle Area. The Firestone Tire and Service Center, the Sleepy Hollow Bookshop and the Granny Square/New Image Hair Styling property owners are providing funds in proportion to their frontage on the Ashman Circle. Andrew Halldorson, 22 Ashman Circle, owner of Sleepy Hollow Bookstore, urged Council to accept the gift and expressed his wish to have the project started as soon as possible. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the City has been approached to make certain parking improvements in the Ashman Circle area; and

WHEREAS, the owners of the abutting property have offered to pay for said improvements; now therefore

RESOLVED, that the City Council accepts the gifts of $5,338.89 from Firestone Tire and Service Center; $5305.64 from Mr. Eugene Graczyk, DPA for Eva Jozwiak; and

$2,652.82 from Andrew Halldorson of the Sleepy Hollow Bookshop for the purpose of funding said parking improvements. (Motion adopted.)

98 Parking Lot Improvements 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 the expansion of the existing parking lot at the corner of Larkin and Cronkright Streets and the existing parking lot at the southeast quadrant of the Ashman Circle; and

WHEREAS, funding for the parking lot at the corner of Larkin and Cronkright Streets is provided by the Downtown Development Authority (Project No. DD9801) and the funding for the parking lot at the southeast quadrant of the Ashman Circle is provided by a donation received from the property owners adjacent to the parking lot (Project No. PS9802); now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "1998 Parking Lot Improvements; Contract No. 18", in the indicated amount of $47,568.25, 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.)

Purchase - Used Rear Loading Refuse Trucks The following resolution was offered by Councilman Coppage 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 three used rear loading refuse trucks (Bid No. 2221); and

WHEREAS, partial funding for the purchase of these trucks in the amount of $100,000 is provided in the 1998-99 Equipment Revolving Fund budget for "Refuse Truck - Residential" and an additional $16,400 is available in the Equipment Revolving Fund budget for "Vacuum Truck"; and

WHEREAS, upon the purchase of these trucks, three of the City’s existing refuse trucks will become surplus; now therefore

RESOLVED, that the City Controller is authorized to transfer $16,400 from "Vacuum Truck" to "Refuse Truck - Residential" within the 1998-99 Equipment Revolving Fund budget for Investment in Assets, account number 640-9120-912.97-30; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order in the amount of $116,400 to Trucks and Parts of Ohio, of New Paris, Ohio for the purchase of three used rear loading refuse trucks in accord with the city specifications and the proposal; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to sell surplus City vehicles numbers 3-01, 3-02 and 3-13 by the competitive bidding process. (Motion adopted.)

Service Center Reroofing The following resolution was offered by Councilman Coppage 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 reroofing the Municipal Service Center (Bid No. 2222); and

WHEREAS, sufficient funding for this project is provided in the 1998-99 Service Center Rental Fund budget for "Roof Replacement", account number 641-9120-912.97-20; now therefore

RESOLVED, that the proposal submitted by Bri-Car Roofing and Sheet Metal of Midland, Michigan in the amount of $164,703.00 for an EPDM roofing system for the Municipal Service Center in accord with the city specifications is hereby accepted and the Purchasing Agent is authorized to issue a purchase order. (Motion adopted.)

98 Waldo Avenue Sanitary Sewer & Water Main; Contract No. 15     The following resolution was offered by Councilman Coppage 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 the installation of a sanitary sewer and water main on Waldo Avenue from Whitewood Drive to 1000 feet north; and

WHEREAS, funding for this project is provided by Special Assessments, Wastewater Fund and Water Fund (Project No. WD9827 and SW9826); now therefore

RESOLVED, that the low sealed proposal submitted by J. Pomranky, Inc. of Midland, Michigan, for the "1998 Waldo Avenue Sanitary Sewer & Water Main; Contract No. 15", in the indicated amount of $100,428.75, 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.)

Replacement Carpeting & Tile -  Washington Woods The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, bids were received for replacement carpet and tile for the second floor of the East Wing at Washington Woods; and

WHEREAS, funding is available in the 1998-99 budget, Account Number 536-9120-912.97-20; and

WHEREAS, Valley Carpet has submitted the low bid of $24,905.00; now therefore

RESOLVED, that the proposal of Valley Carpet be accepted and a Purchase Order be authorized. (Motion adopted.)

Parking Lot Resurfacing -  Washington Woods     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, bids were received for the labor and materials to re-surface the main parking lot at Washington Woods; and

WHEREAS, funding is available in the 1998-99 Budget, Account Number 536-8110-811.93-44; and

WHEREAS, Pyramid Paving Company has submitted the low bid of $28,801.75; now therefore

RESOLVED, that the proposal of Pyramid Paving Company be accepted and a Purchase Order be authorized. (Motion adopted.)

Combination Gas Vent/Leachate Collection Well - Landfill     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed bids for the installation of twelve combination gas vent/leachate collection wells on Cells 1-8, have been advertised and received in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; 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 low qualifying bid proposal submitted by O.W.T. Construction Company of Cleveland, Ohio in the amount of $33,165.00 is hereby accepted and a purchase order is authorized. (Motion adopted.)

Professional Services Related to Dow Corning Tax Returns     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, Dow Corning Corporation appealed the 1997 and 1998 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the public accounting firm of Plante and Moran, LLP, are required to assist the City of Midland in its defense of Dow Corning’s appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

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

WHEREAS, the sufficient funding for this expenditure exists within the Tax Appeals Dow Corning activity of the 1998-99 City of Midland General Fund budget; now therefore

RESOLVED, that payments to Plante and Moran, LLP, for continued professional services in the matter of the aforementioned appeal are hereby authorized in an amount not to exceed a total of $42,500; and

RESOLVED FURTHER, that a budgetary transfer of $42,500 is hereby approved within the 1998-99 General Fund Tax Appeal Dow Corning activity, from the Contracted Appraisal Services account to the Audit Fees account. (Motion adopted.)

Schade Tile Drain #764 County Drain Assessment     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the County of Midland has levied assessments for drain reconstruction and maintenance on properties in Prairie Creek Subdivision in Homer Township, recently annexed into the City of Midland; and

WHEREAS, the policy of the City of Midland has been to not assess lands for the maintenance and/or reconstruction of drains within the City; and

WHEREAS, sufficient funds are available in the 1998-99 General Fund Budget for Midland County Drain Assessments for the Schade Tile Drain #764 for 1998; now therefore

RESOLVED, that the City Council hereby approves the use of funds from the 1998-99 General Fund Midland County Drain Assessments for payment of the remaining 1998 outstanding freeholder and City of Midland assessments for the Midland County Schade Tile Drain #764 and reimburse the pro rata share for fully paid assessments. (Motion adopted.)

Special Use Permit #8 - Caregiving Network    The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 28, 1998, at 7:30 p.m., in the Council Chambers, City Hall, for the purpose of considering Special Use Permit No. 8, the request of the Caregiving Network, for a special use permit review and approval for the use of a building at 212 West Grove Street (Lots 5, 6, 7, and 8, Block H, Carpenter and Hines Subdivision) for a private, nonprofit social service agency, which will include counseling, a food pantry, and free clothing and small household items, in accord with Sections 27.2(a) and (d) of the Zoning Ordinance of the City of Midland. (Motion adopted.)

Proposed 97-98 Budget Amendment    The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:30 p.m., Monday, September 28, 1998, in the Council Chambers of City Hall on the proposal to amend the 1997-98 General Fund budget to increase revenues by a total of $892,000 and to decrease expenditures by a total of $2,899,000, and the City Clerk shall give notice as provided in Section 11.4 and 5.11 of the Charter of the City of Midland. (Motion adopted.)

Proposed Amendments - 1998-99 City Budgets & Working Plans     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:30 p.m., Monday, September 28, 1998, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Grace A. Dow Memorial Library Fund, and the Downtown Development Fund for the 1998-99 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Parking System Fund, Transportation Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Data Processing Rental Fund, and the Equipment Revolving Fund for the 1998-99 fiscal year in order to provide funding for June 30, 1998 encumbrances. (Motion adopted.)

Proposed Amendment - 1998-99 Local Street Maintenance Fund     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:30 p.m., Monday, September 28, 1998, in the Council Chambers of City Hall on the proposal to amend the 1998-99 Local Street Maintenance Fund budget to utilize unanticipated revenues from construction refunds in the amount of $45,816, and the City Clerk shall give notice as provided in Section 11.4 of the Charter of the City of Midland. (Motion adopted.)

 

Being no further business the meeting adjourned at 8:57 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk