June 21, 1999

A regular meeting of the City Council was held on Monday, June 21, 1999, at 7:00 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 June 7, 1999 regular meeting was offered by Councilman Tysse and seconded by Councilman Moolenaar. (Motion adopted.)

 

Sculpture and Landscape License Agreement    At the request of Mayor Black, with full agreement of Council, Agenda Item No. 5, Sculpture and Landscape License Agreement with the Centennial Celebration Committee, was placed first on the agenda. Jill Liberto, Assistant Community Relations Coordinator, introduced John Bartos, Chair of the Centennial Celebration Committee. The Committee requested Council consider approval of a Sculpture and Landscape License Agreement between the Centennial Celebration Committee and the City of Midland. The agreement would approve the site plan for the Ned S. Arbury Park, authorize the Centennial Celebration Committee to do the reconstruction work within the park and transfer ownership of the Sculpture and Landscape to the City of Midland. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Sculpture and Landscape License Agreement with the Centennial Celebration Committee which will approve the site plan for Ned S. Arbury Park, authorize the Centennial Celebration Committee to do reconstruction work within the park, and transfer ownership of the Sculpture and Landscape to the City in accord with said agreement. (Motion adopted.)

 

Local Development Finance Authority    Prior to holding a public hearing James Schroeder, Director of Planning and Community Development, presented information on the creation of a Local Development Finance Authority (LDFA) and a Brownfield Redevelopment Authority. A public hearing opened at 7:41 p.m. Jenee Velasquez, Interim Executive Director of the Midland Economic Development Corporation, spoke in support of both the LDFA and the Brownfield Redevelopment Authority. The hearing closed at 7:48 p.m.

 

Brownfield Redevelopment Authority   The public hearing on the LDFA and Brownfield Redevelopment Authority were combined as noted under the LDFA item above. The following resolution was offered by Councilman Tysse and seconded by Councilman Wazbinski:

WHEREAS, the City Council of the City of Midland, by resolution (the "Resolution of Intent") adopted on May 17, 1999, determined that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization in an area of the City of Midland described in the Resolution of Intent as the "Proposed Brownfield Redevelopment Zone," and declared its intention to provide for the operation of a Brownfield Redevelopment Authority for the City of Midland (the "Authority"), pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"); and

WHEREAS, on this date, pursuant to and in accordance with the Act and the Resolution of Intent, the City Council held a public hearing, notice of which was given as required by Section 4(2) of the Act, on the adoption of a resolution creating the Authority and designating the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers (the "Brownfield Redevelopment Zone"); and

WHEREAS, all citizens, taxpayers and property owners of the City of Midland, and officials of the affected taxing jurisdictions had the right and opportunity to be heard at the public hearing on the establishment of the Authority and the designation of the boundaries of the Brownfield Redevelopment Zone; and

WHEREAS, the City Council desires to proceed with the establishment of the Authority and the designation of the boundaries of the Brownfield Redevelopment Zone, within which the Authority shall exercise its powers, all pursuant to and in accordance with the Act; now therefore

RESOLVED, that:

1. Authority Created. Pursuant to the authority vested in the City Council by the Act, the Authority is hereby established and shall be known as the City of Midland Brownfield Redevelopment Authority.

2. Supervision of the Authority. The Authority shall be under the supervision and control of a board (the "Board") appointed by the City Manager of the City of Midland, in accordance with the membership provisions set forth in Section 5(1) of the Act, subject to the approval of the City Council. The members of the Board shall hold office, and the Board shall conduct its procedures in accordance with the Act, and, in particular, Section 5 thereof.

3. Brownfield Redevelopment Zone. The Authority shall exercise its powers within the Brownfield Redevelopment Zone, the area of the City of Midland more particularly described in Exhibit A attached hereto and made a part hereof, and depicted on the map attached to and made a part of this resolution as Exhibit B.

4. Powers and Duties of the Authority. The Authority shall have the powers and duties to the full extent as provided by and in accordance with the Act. Among other matters, the exercise of its powers, the Board shall prepare a brownfield plan for the Brownfield Redevelopment Zone, pursuant to Section 13 of the Act, and submit the plan to the City Council for consideration pursuant to Section 14 of the act.

5. Bylaws and Rules of the Authority. The Authority shall elect officers and adopt bylaws and rules governing its procedures and the holding of its meetings, all in accordance with Sections 5(3) and 5(5) of the Act, and shall immediately forward a copy of the bylaws and rules, after adoption by the Board, to the City Council in care of the Clerk of the City of Midland (the "Clerk"). The Authority’s bylaws and rules shall be subject to the approval of the City Council; provided, however, that if the City Council fails to either approve or disapprove the Authority’s bylaws and rules at its next regular meeting after receipt of a copy thereof by the Clerk, the authority’s bylaws and rules shall be deemed to have been approved by the City Council for all purposes.

6. Director’s Bond. In the event the Board elects to employ a director, as authorized by Section 6(1) of the Act, the director, before entering upon the duties of his office, shall, in addition to any other requirements of law, post a bond in the penal sum of fifty thousand dollars ($50,000.00), with a deductible of one thousand dollars ($1,000.00) payable to the Authority for the use and benefit of the Authority, which shall be approved by the Board and filed with the Clerk. The premium on the bond furnished by the director shall be deemed to be an operating expense of the Authority, payable from funds available to the Authority for expenses of operation.

7. Form of Approvals. Except as may otherwise be provided by the Act or other applicable law, approvals by the City Council of all matters pertaining to the Authority or its Board shall be by resolution.

8. Severability. Should any section, clause or phrase of this resolution be declared by the courts to be invalid, the same shall not affect the validity of this resolution as a whole nor any part thereof other than the part so declared to be invalid.

9. Repeals. All resolutions or parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed.

10. Publication. The Clerk is hereby directed to file a true and complete copy with the Secretary of State of the State of Michigan promptly after adoption and to take all other actions incident upon such adoption pursuant to applicable charter or other provisions.

(Motion adopted.)

PUBLIC COMMENTS Dorothy Lengerman, 405 E. Nelson, made comments regarding the ongoing sewer negotiations between the City and MDEQ. Ms. Lengerman asked if there was any way the citizens could help to expedite the process. Ms. Lengerman also wondered if Council would consider paying someone to cleanup sewage from residents’ basements. Mayor Black indicated Council was hopeful that the process with the MDEQ would soon reach a point where a draft consent order could be presented for public comment.

Filtered Water Rate Ordinance Noel Bush, Director of Utilities, presented information regarding the second reading of an amendment to the City of Midland Filtered Water Rate Ordinance and the City of Midland Sewer Rate Ordinance. The following ordinance amending the Filtered Water Rate Ordinance was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1453

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

The City of Midland Ordains:

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

Sec. 28-70. Filtered water rate generally.

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

(a) For each 1,000 gallons used per quarter . . . . . $1.00

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

of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

5/8" - 3/4" metered service . . . . . . . . $ 27.00

1" metered service . . . . . . . . . . . . . . . 35.10

1-1/2" metered service . . . . . . . . . . . . 43.20

2" metered service . . . . . . . . . . . . . . . 70.20

3" metered service . . . . . . . . . . . . . . . 270.00

4" metered service . . . . . . . . . . . . . . . 351.00

6" metered service . . . . . . . . . . . . . . . 513.00

8" metered service . . . . . . . . . . . . . . . 729.00

(b) Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2. This ordinance shall take effect upon publication. (Ordinance adopted.)

Sewer Rate Ordinance The following ordinance amending the Sewer Rate Ordinance was offered by Councilman Moolenaar and seconded by Councilman Coppage:

ORDINANCE NO. 1454

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

The City of Midland Ordains:

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

Sec. 28-163. Amount of sewer charge.

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

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

5/8" - 3/4" metered service . . . . . . . . . $ 21.30

1" metered service . . . . . . . . . . . . . . 27.69

1-1/2" metered service . . . . . . . . . . . . 34.08

2" metered service . . . . . . . . . . . . . . 55.38

3" metered service . . . . . . . . . . . . . . 213.00

4" metered service . . . . . . . . . . . . . . 276.90

6" metered service . . . . . . . . . . . . . . 404.70

8" metered service . . . . . . . . . . . . . . 575.10

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

For each 1,000 gallons of water used per quarter . . . . . $1.25

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewerage service in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2. This ordinance shall take effect upon publication. (Ordinance adopted.)

Facade Rebate Program The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the Rollin M. Gerstacker Foundation has donated $100,000.00 to the City of Midland; and

WHEREAS, this donation is to be used by the Downtown Development Authority for its Facade Rebate Program; now therefore

RESOLVED, that the City Council accepts the gift of $100,000.00 from the Rollin M. Gerstacker Foundation; and

RESOLVED FURTHER, that the Council expresses its appreciation to the Rollin M. Gerstacker Foundation for its generous gift. (Motion adopted.)

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

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property, located west of Vance Road and north of Isabella Street (M-20), to the City of Midland:

Beginning at a point on the East line of Section 13, T14N, R1E, Homer Township, Midland County, Michigan, which is North 0 09’ 30" West 264 feet from the East 1/4 corner of Section 13; thence North 0 09’ 30" West 231 feet along said East Section line; thence North 89 36’ 54" West 314 feet; thence North 0 09’ 30" West 185 feet; thence North 89 36’ 54" West 1019.60 feet; thence South 0 09’ 30" East 680 feet; thence South 89 36’ 54" East 673.60 feet; thence North 0 09’ 30" West 264 feet; thence South 89 36’ 54" East 660 feet to the Place of Beginning.

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. (Motion adopted.)

 

Sidewalk Time Extension Scenic Estates No. 4    The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, a written request has been received from John A. and Judith Ann Rapanos, proprietors of Scenic Estates No. 4, to extend the period of time to complete the sidewalks 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 sidewalks within Scenic Estates No. 4 until April 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 sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by July 31, 1999, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

 

Sidewalk Time Extension Sterling Park Estates No. 9     The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, a written request has been received from Earl D. Bennett Construction, Inc., proprietor of Sterling Park Estates No. 9, to extend the period of time to complete the sidewalks 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 sidewalks within Sterling Park Estates No. 9 until October 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 sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by July 31, 1999, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year. (Motion adopted.)

Liquor License - McNamara’s Pub The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the request from MCNAMARA’S MIDLAND PUB, INC. to transfer ownership of 1998 B-Hotel licensed business with Dance Permit and Entertainment Permit without dressing rooms, located at 1815 S. Saginaw, Midland, MI 48640, Midland, County, from ORION MANAGEMENT L.L.C. and request to reclassify B-Hotel License to a class C License be considered for approval. It is the consensus of this legislative body that the application be recommended for issuance. (Motion adopted.)

 

Prepare Ordinance - Reconstitute Cable Commission     James Alsip, Grace A. Dow Memorial Library Director, presented information regarding a request from the Cable Communications Advisory Commission that would make the Commission responsible to the City Council. The Library Board indicated they would remain as advisory to staff. Wilson Coomer, 223 E. Collins, a member of the Cable Communications Advisory Commission, spoke in support of making the Commission directly responsible to City Council. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the staff prepare the necessary ordinance that would reconstitute the Cable Commission to the City Council as a policy level advisory body. (Motion adopted.)

 

Kroger & Hook’s Drug Store - 2nd Addendum to Purchase Agmt     The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, on March 22, 1999, the City of Midland and RGS & Associates, Inc. ("RGS") entered into a Purchase Agreement for the purchase of real property owned by the City located at the intersection of Ashman and Jefferson Streets, commonly known as the Kroger and Hook’s Drug Store building; and

WHEREAS, on May 17, 1999, the City Council authorized the Mayor and the City Clerk to execute an Addendum to Purchase Agreement wherein the inspection period (due diligence period) was extended by thirty days, from May 21, 1999 to June 21, 1999 and the closing date was extended by two weeks, from June 21, 1999 to July 6, 1999; and

WHEREAS, pursuant to the Purchase Agreement, RGS is required to assume an agreement between the City and L.E. Thayer, Inc. with respect to the maintenance of and access to the parking facilities adjacent to the Krogers’ building, the former Hooks Drug Store building, the soon to be constructed Rite Aid Building and the Law Enforcement Center; and

WHEREAS, pursuant to the Thayer agreement, the City (and its successors) is responsible for 2/3 of the cost of maintaining said parking area, with L.E. Thayer, Inc. (and its successors) being responsible for the remaining 1/3; and

WHEREAS, RGS and the owners of the Rite Aid property are currently negotiating a new agreement to replace the agreement between the City and L.E. Thayer, Inc. that would provide for a more equitable distribution of the parking lot maintenance costs between RGS and Rite Aid. The replacement agreement between RGS and Rite Aid would not include the Law Enforcement Center parking area; and

WHEREAS, RGS has requested an additional thirty days, until July 22, 1999, so that it may continue to negotiate a replacement parking lot maintenance and access agreement with Rite Aid; and

WHEREAS, the additional time will provide the City further opportunity to attempt to eliminate the title and survey objections raised by RGS; and

WHEREAS, RGS has requested that the closing date be extended by an additional 14 days, to August 5, 1999; and

WHEREAS, in exchange for this extension RGS has agreed to limit its right to terminate the Purchase Agreement to those issues raised in its May 21, 1999 letter; and

WHEREAS, it is recommended that RGS’s request for an additional thirty days to address the issues raised in its May 21, 1999 letter and an additional 14 days to close the transaction be granted; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the attached Second Addendum to Purchase Agreement between RGS & Associates, Inc. and the City of Midland. (Motion adopted.)

MPS Summer Tax Levy The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 1999; now therefore

RESOLVED, that the City Council hereby approves said request and agrees to collect the 1999 Midland Public Schools summer property tax levy. (Motion adopted.)

 

MCESA Summer Tax Levy The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 1999; now therefore

RESOLVED, that the City Council hereby approves said request and agrees to collect the 1999 Midland County Educational Service Agency summer property tax levy. (Motion adopted.)

 

Bay City Schools Summer Tax Levy The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of all school property taxes within the City of Midland, for the year 1999; now therefore

RESOLVED, that the City Council hereby approves said request and agrees to collect the 1999 Bay City Public Schools summer property tax levy. (Motion adopted.)

 

 

Bay-Arenac Intermediate School District Summer Tax Levy     The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of all school property taxes within the City of Midland, for the year 1999; now therefore

RESOLVED, that the City Council hereby approves said request and agrees to collect the 1999 Bay-Arenac Intermediate School District summer property tax levy. (Motion adopted.)

 

Special Assessment Installments and Accounts Receivable     The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 1999 tax roll, Special Assessments in the various amounts as indicated herein:

 

Street Improvement Rolls

1987 Street Improvement 11,684.91

1988 Street Improvement 2,850.61

1990 Street Improvement 20,419.38

1994 Street Improvement 31,671.83

1995 Street Improvement 2,025.55

1996 Street Improvement 20,211.95

1997 Street Improvement 23,505.59

1999 Street Improvement 2,677.38

Subtotal Street Improvement Rolls $115,047.20

 

Sanitary Sewer Improvement Rolls

1987 Sanitary Sewer Improvement 8,751.16

1990 Sanitary Sewer Improvement 4,103.94

1994 Sanitary Sewer Improvement 3,834.45

1996 Sanitary Sewer Improvement 10,271.75

1997 Sanitary Sewer Improvement 28,571.17

1998 Sanitary Sewer Improvement 3,361.91

Subtotal Sanitary Sewer Improvement Rolls $ 58,894.38

 

Water Main Improvement Rolls

1990 Water Main Improvement 4,580.18

1994 Water Main Improvement 1,076.12

1995 Water Main Improvement 5,923.38

1996 Water Main Improvement 28,295.45

1997 Water Main Improvement 14,119.37

1998 Water Main Improvement 30,988.29

Subtotal Water Main Improvement Rolls $ 84,982.79

 

Sidewalk Improvement Rolls

1993 Sidewalk Improvement 5,231.28

1994 Sidewalk Improvement 4,366.50

1995 Sidewalk Improvement 2,577.52

1996 Sidewalk Improvement 7,429.24

1997 Sidewalk Improvement 4,419.82

1998 Sidewalk Improvement 4,161.76

Subtotal Sidewalk Improvement Rolls $ 28,186.12

1999 Downtown Economic Revitalization Roll $ 36,016.20

Accounts Receivable Roll $ 6,512.76

TOTAL SPECIAL ASSESSMENT ROLL $329,639.45

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 1999 General Fund Tax Roll Accounts Receivable. (Motion adopted.)

 

Street Vacation Request - Eastman Avenue    James Schroeder, Director of Planning and Community referral Development, presented information on a request to vacate Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets. After further discussion, Council moved to postpone action on the vacation until July 12, 1999. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, a petition has been received from Spencer Oil Company, 16410 Common Road, Roseville, MI 48066, requesting the vacation of Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets; now therefore

RESOLVED, that action on the referral of the request for the vacation of said street to the City Planning Commission, City Engineer, Director of Public Services and Director of Utilities for review and recommendation is hereby postponed until July 12, 1999. (Motion adopted.)

 

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

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 1999-2000 Information Services Investment in Assets budget for Local 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 $204,913.00 for Personal Computer hardware and software; Computer Systems Corp. of Midland, Michigan which total $16,999.00 for Local Area Network hardware and Personal Computer software; Midwest Business Systems of Southfield, Michigan which total $9,343.22 for Personal Computer hardware; Capitol Communications Systems, Inc. of Lansing, Michigan which total $1,616.00 for Personal Computer hardware; CompUSA of Troy, Michigan which total $1500.95 for Personal Computer hardware; and Electronics Data Systems of Lansing, Michigan which total $932.66 for Personal Computer hardware and authorizes the Purchasing Agent to issue purchase orders. (Motion adopted.)

EAP Contract The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

 

WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for twelve years; and

WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and

WHEREAS, in accordance with Section 2-l9 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore

RESOLVED, that the proposed contract dated June 15, l999 between the City of Midland and Lona McLuckie, effective July l, l999 through June 30, 2000 for the provision of Employee Assistance Program services, is hereby approved and the Mayor and City Clerk are authorized to execute the final document. (Motion adopted.)

Purchase - 2 Industrial Tractors 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 purchase of industrial tractors (Bid No. 2283; and

WHEREAS, funds for these purchases are included in the FY 1998-99 Equipment Revolving Fund budget for "Equipment," account number 640-9120-912.97-25; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Gettel & Company of Linwood, Michigan for one, two-wheel drive industrial tractor, with trade-in option, in the amount of $10,745.00 and for one, four-wheel drive industrial tractor, with trade-in option, in the amount of $19,478.00, for a total cost of $30,223.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposals and the City specifications. (Motion adopted.)

 

MDOT Amendment Agreement No. 98-0605/A1   The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor, City Manager and City Clerk are authorized to execute Amendment Agreement No. 98-0605/A1 with the Michigan Department of Transportation for the FY 1998 FTA Section 5309 Program grant. (Motion adopted.)

Midwest Tandem Rally 1999 The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the request from the Midwest Tandem Rally Steering Committee asking permission to conduct the Midwest Tandem Rally on September 3 - 6, 1999, utilizing City streets is hereby approved subject to the following conditions:

The organizers should be aware that the Fire Department, while attempting to avoid the area, might need to cross the rally route to access buildings within its confines. The organizers shall assure that no fire hydrant, fire department connection or the exit way from any building is blocked at any time during the event.

The participants are required to observe the traffic code for the portion of the ride that is not under Police escort; and

RESOLVED FURTHER, that the following assistance will be provided:

Police personnel will monitor the event and one officer will be assigned to lead the group from the Midland County Fairgrounds to Saginaw Road @ Dublin Avenue where traffic will be blocked for their passing. Further police monitoring will be provided as the group negotiates the downtown streets working their way over the Poseyville Bridge.

The Department of Public Services will provide two sets of barricades at each intersection of the Rail-Trail, an arrow sign at Poseyville near Ellsworth and the portable stage. The Engineering Department will provide traffic cones as requested and the Department of Public Services will assist in the distribution.

(Motion adopted.)

Zoning Petition No. 444 The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 26, 1999, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 AND A BUSINESS B-2 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Beginning at a point 245 feet North of the Southeast Section corner on the East line of Section 14, T14N, R1E, City of Midland, Midland County, Michigan; thence North along the East line of said Section 415 feet; thence West 410.76 feet; thence South 415 feet; thence East 410.76 feet to the point of beginning;

be, and the same is hereby changed to a Residential A-1 District.

Section 2. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Beginning at the Southeast Section corner of Section 14, T14N, R1E, City of Midland, Midland County, Michigan; thence North along the East Section line 245 feet; thence West 410.76 feet; thence South 245 feet to the South line of said Section; thence East along the South line of said Section 410.76 feet to the point of beginning;

be, and the same is hereby changed to a Business B-2 District.

Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 4. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Zoning Petition No. 445 The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 26, 1999, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

 

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-4 DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Lots 3 and 4 of Baker and Moss Addition,

be, and the same is hereby changed to an Office-Service 2 District.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Industrial Controls, Inc. - IFT The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, an application dated June 2, 1999 was received June 17, l999 from Industrial Controls, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Eastwick Industrial Park Industrial Development District relating to new facilities including a new building, machinery, equipment, furniture and fixtures with the facility intended to provide electrical design services for industrial applications; and

WHEREAS, the estimated project cost is $145,000 real property and $57,249 personal property for a total of $202,249 relating to new facility approval to allow further expansion in the Eastwick Industrial Park Industrial Development District; now therefore

RESOLVED, that the application is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday,

July 12, l999, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Mason-Loomis Industrial Electric, Inc. - IFT    The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, an application dated June 16, 1999 was received June 17, l999 from Mason-Loomis Industrial Electric, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Eastwick Industrial Park Industrial Development District relating to new facilities including a new building with the facility intended to provide for the assembly and wiring of electrical control boxes; and

WHEREAS, the total estimated cost of this project is $145,000, which is all real property relating to new facility approval to allow further expansion in the Eastwick Industrial Park Industrial Development District; now therefore

RESOLVED, that the application is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday,

July 12, l999, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Being no further business the meeting adjourned at 8:51 p.m.

 

 

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Penny K. Kovacevich, City Clerk