July 12, 1999

A regular meeting of the City Council was held on Monday, July 12, 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 21, 1999 regular meeting was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

 

Sanitary & Storm Sewer Phase III Study    Jim Aiello, from Hubbell, Roth & Clark, Inc. (HRC), presented the Phase 3 Study of Midland’s Sanitary and Storm Sewer Systems. HRC was retained by the City of Midland to conduct a Phase 3 Study of the sanitary and storm sewer systems based upon a 50-year and 75-year rainfall event in contrast to the June 21, 1996 rainfall event in the Phase 1 and Phase 2 Studies. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, the City of Midland retained Hubbell, Roth & Clark (HRC) to conduct a Phase 3 Study of the City of Midland's Sanitary and Storm Sewer Systems; and

WHEREAS, HRC presented the Phase 3 Study at the July 12, 1999 City Council meeting; and

WHEREAS, it is the City Council's intent to provide the public an opportunity to review said study and comment on the study at a public hearing conducted by the City Council; now therefore

RESOLVED, that the Phase 3 Study of the City of Midland's Sanitary and Storm Sewer Systems prepared by HRC is hereby received and ordered placed on file in the City Clerk's office and at the Grace A. Dow Memorial Library for public inspection; and

RESOLVED FURTHER, that a public hearing shall be held on July 26, 1999 in the Council Chambers at City Hall for the purpose of providing an opportunity for public comment on the Phase 3 Study of the City of Midland's Sanitary and Storm Sewer System prepared by HRC and the City Clerk is hereby directed to prepare and post the appropriate notices. (Motion adopted.)

 

99 Sidewalk Improvement Special Assessment Roll Roger Elbers, Deputy City Assessor, presented information regarding the special assessment roll for the "1999 Sidewalk Improvement Special Assessment District". A public hearing was opened at 7:55 p.m., no comments were made, the hearing closed at 7:56 p.m. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "1999 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

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

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

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $1,143.00 and that the total estimated cost of said improvements is $11,036.00, and the City at large cost is $9,893.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2000, and one during each succeeding year for four years thereafter. Provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the City Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest. (Motion adopted.)

 

99 Sidewalk Improvement Program; Contract No. 17     Brian McManus, Interim City Engineer, presented information regarding the "1999 Sidewalk Improvement Program; Contract No. 17". The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

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

WHEREAS, funding for the 1999 Sidewalk Improvement Program is provided by the General Fund and Special Assessments (Account No. 408-9010-901.97-02, Project No. SD9901); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1999 Sidewalk Improvement Program; Contract No. 17", in the indicated amount of $17,582.00, 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.)

ZTA No. 136A Mark Ostgarden, City Planner, presented information regarding Zoning Text Amendment No. 136A regarding fences. Prior to the public hearing a discussion was held regarding the possible deletion of Section 29.4(c) pertaining to fences located behind the front of a principal building, which may be twelve feet in height when located more than three feet from the property line. A public hearing was opened at 8:35 p.m. Sarah Bolen, 2203 Cranbrook, spoke in opposition to the deletion of Section 29.4(c). The hearing closed at 8:38 p.m. Introduction and first reading of the amended ordinance was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

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 ORDINANCE BY AMENDING ARTICLE XXIX--SUPPLEMENTARY REGULATIONS, SECTION 29.4, FENCES.

The City of Midland Ordains:

Section 1. That Article XXIX--SUPPLEMENTARY REGULATIONS, Section 29.4, Fences, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended and shall read as follows:

ARTICLE XXIX--SUPPLEMENTARY REGULATIONS

Section 29.4 FENCES

(a) In any district, fences shall be no more than three and one-half (3 1/2) feet in height when located in a required front yard and/or required side street yard.

(b) In any district, fences located in other than a required front yard and/or required side street yard, and located behind the front of the principal building, shall not be greater than six (6) feet in height when located less than three (3) feet from a lot line.

(c) EXCEPTIONS:

1. Fences in any location may be eight (8) feet in height for:

Schools (chain link or similar styles only).

Parks (chain link or similar styles only).

Nonresidential uses in Agricultural, Business C, Industrial A, Industrial B, Community or LCMR Districts.

Protective fences to enclose open storage yards and electrical or gas substations.

2. Fences along a lot line adjacent to an expressway may be twelve (12) feet in height.

3. Fences may be six (6) feet in height for Residential lots adjacent to a street where vehicular access is prohibited by official governmental action.

(d) A building permit approving the proposed design, material, construction, height, and location specifications of any fence shall be obtained prior to the start of construction for any fence greater than six (6) feet in height.

(e) Fences not located in a vision clearance area shall be measured from the lowest ground elevation within four and one-half (4 1/2) feet, at right angles, on either side of the fence.

(f) The Zoning Board of Appeals, in accord with Section 34.5(d), may grant special approval to permit a fence that does not comply with these requirements where, in its opinion, it finds that a proposed fence will not adversely affect any of the following public interest issues:

1. The fence will not create a safety hazard for residents of the property, pedestrians, or motorists.

2. The fence will not impinge on neighboring property rights. Examples include, but are not limited to, the adequate supply of air and light, visibility, and adequate site drainage.

3. The fence will be compatible with the characteristics of the neighborhood.

4. The fence will not adversely affect unique characteristics of the neighborhood.

A majority vote of the Zoning Board of Appeals is required to grant a special approval for a fence.

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. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar Considered first reading.)

 

Issue of Controlling Fence Height (Front Setback & Front of Building)   The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the issue of controlling fence height between the required front setback and the front of the building is hereby referred to the Planning Commission for review and recommendation. (Motion adopted.)

IFT - Industrial Controls, Inc. Roger Elbers, Deputy City Assessor, presented information regarding a request from Industrial Controls, Inc. to withdraw their application for an Industrial Facilities Exemption Certificate. A public hearing was held, as published, on their initial request for an Industrial Facilities Exemption Certificate within the Eastwick Industrial Park Industrial Development District. The hearing opened at 8:47 p.m., no comments were made, the hearing closed at 8:48 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the Eastwick Industrial Park Industrial Development District was established by resolution of the Midland City Council on December 18, 1989; and

WHEREAS, Industrial Controls, Inc. made an application dated June 2, 1999, which was received by the City Clerk on June 17, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, Industrial Controls, Inc. has now requested that this application be withdrawn; now therefore

RESOLVED, that the City Council of the City of Midland hereby grants the request of Industrial Controls, Inc. to withdrawn this application for Industrial Facilities Exemption Certificate. (Motion adopted.)

 

IFT - Mason-Loomis Electric Roger Elbers, Deputy City Assessor, presented information regarding a request from Mason-Loomis Industrial Electric, Inc. to withdraw their application for an Industrial Facilities Exemption Certificate. A public hearing was held, as published, on their initial request for an Industrial Facilities Exemption Certificate within the Eastwick Industrial Park Industrial Development District. The hearing opened at 8:49 p.m., no comments were made, the hearing closed at 8:50 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, the Eastwick Industrial Park Industrial Development District was established by resolution of the Midland City Council on December 18, 1989; and

WHEREAS, Mason-Loomis Industrial Electric, Inc. made an application dated June 16, 1999, which was received by the City Clerk on June 17, 1999, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, Mason-Loomis Industrial Electric, Inc. has now requested that this application be withdrawn; now therefore

RESOLVED, that the City Council of the City of Midland hereby grants the request of Mason-Loomis Industrial Electric, Inc. to withdrawn this application for Industrial Facilities Exemption Certificate. (Motion adopted.)

PUBLIC COMMENTS Margaret Charters, 1512 Crane Court, and Thomas M. Erickson, 1610 Crane Court, request Council consider redefining what a single family dwelling is as covered under single family dwellings in the ordinance. Mrs. Charters and Mr. Erickson indicated the definition as it now reads will allow up to 5 unrelated occupants to live in one residence. Council requested Patricia Halm, Midland City Attorney, to investigate the situation on Crane Court and report back to Mrs. Charters and Mr. Erickson.

 

West Main Street Historic District Ordinance Amendment     Patricia Halm, City Attorney, presented information regarding an amendment to the West Main Street Historic District Ordinance which would allow Council to appoint an ex officio member. Introduction and first reading of the following ordinance amending the West Main Street Historic District Ordinance was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

Ordinance No. ______

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Section 5-136 of Article VII, of Chapter 5 thereof.

The City of Midland Ordains:

Section 1: Chapter 5, Article VII, Section 5-136 is hereby amended to read as follows:

Sec. 5-136. Historic district commission.

(a) To execute the purpose of this article, there is hereby created a commission to be called the City of Midland West Main Street Historic District Commission (HDC).

(b) The HDC shall consist of seven (7) members who shall be residents of the city. Moving from the City SHALL causes the member’s seat to become vacant. Each member shall be appointed by the city council for a three-year term of office; provided, however, that of the members first appointed, two (2) shall be appointed for a one-year term, two (2) shall be appointed for a two-year term, and three (3) SHALL BE APPOINTED for a three-year term. All first members shall be appointed within six (6) months after the effective date of this article. Thereafter, members shall be appointed before October 1 of the year of appointment and shall serve for a three-year term or until a successor is appointed. Vacancies shall be filled within sixty (60) calendar days and shall be for the remainder of the unexpired term.

c) At least two (2) members of the HDC shall be appointed from a list of citizens submitted by one (1) or more duly organized local historic preservation organizations. The HDC shall include one (1) member, if available, who is a graduate of an accredited school of architecture who has two (2) years of architectural experience or who is an architect duly registered in this state. In the event that a person having the desired architect qualifications is not available to serve as a member of the HDC, the City Council may appoint a person possessing those qualifications who is not a city resident to serve as a member of the HDC in an ex officio capacity. The term of this appointment shall be three (3) years or until such time that a successor is appointed or a qualified architect who is a city resident is appointed to the HDC.

d) A majority of the members of the HDC shall have a clearly demonstrated interest in or knowledge of historic preservation. If proposed members meet the requirements for appointment, it is desirable that a majority of the West Main Street Historic District members consist of residents and/or property owners in the district.

e) A member absent from four (4) consecutive regular meetings, or twenty-five (25) percent of such meetings in any fiscal year of the city, shall automatically be removed from HDC membership unless such absences are excused by the HDC and the reason therefore entered into the proceedings of the HDC.

f) The HDC shall elect from its membership a chairman and a vice chairman whose terms of office shall be determined by the HDC. The chairman shall preside over the HDC and shall have the right to vote. The vice chairman shall, in the case of the absence or disability of the chairman, perform the duties of the chairman.

g) The chief building official or his/her designated representative shall be an ex officio member without the right to vote and shall serve as secretary to the HDC. The secretary shall keep a record of all resolutions, proceedings, and actions of the HDC and shall provide minutes of the meetings to the city council.

h) The members of the HDC shall serve without compensation.

i) Pursuant to notice and after having been given an opportunity to be heard, a member of the HDC may be removed for cause by the city council.

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

 

Eastman Avenue Street Vacation Mark Ostgarden, City Planner, presented information regarding a request from Thomas Spencer, of Spencer Oil Company, to vacate Eastman Avenue from the corner of Ripley and Ellsworth to the corner of Larkin and Jerome Streets. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, a petition has been received from Thomas Spencer of 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 the request for the vacation of said street is hereby postponed until such time additional information can be obtained from the petitioner and a written request is received indicating he would like to proceed with the vacation request. (Motion adopted.)

 

City Representation - District Court (Small Claims)     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, pursuant to MCL 600.8408, being Public Act 236 of 1961, as amended, an attorney shall not take part in the filing, prosecution or defense of litigation filed in the small claims division of the district court; and

WHEREAS, MCL 600.8408(3) provides that a city may be only represented by an elected or appointed official or an employee who has direct and personal knowledge of the facts in dispute; and

WHEREAS, MCL 600.8408(3) stipulates who may represent the city in the event that the officer or employee who has direct and personal knowledge of the facts in dispute is no longer an officer or employee of the city; and

WHEREAS, MCL 600.8408(3) further provides that only those persons authorized by the governing body of the city may represent the city in the small claims division of the district court; now therefore

RESOLVED, that the City Council hereby authorizes the City Clerk/Treasurer and the Assistant Clerk/Treasurer to represent the City of Midland in the small claims division of the district court in matters pertaining to the collection of personal property taxes and delinquent parking fines; and

RESOLVED FURTHER, that the City Council hereby authorizes the Housing Director to represent the City of Midland in the small claims division of the district court in matters pertaining to rental housing issues; and

RESOLVED FURTHER, that the City Council hereby authorizes the City Controller, Assistant City Controller and City Accountant to represent the City of Midland in all other litigation in the small claims division of the district court in which that person has direct and personal knowledge of the facts in dispute. (Motion adopted.)

 

Contract - Replacement Fuel Tank at Barstow Airport     Brian McManus, Interim City Engineer, presented information regarding a contract with the Bureau of Aeronautics for the replacement of the fuel system at the terminal building at Barstow Airport. Charles Hepenstal, 1317 N. Parkway, spoke in opposition to the contract and requested Council reconsider the execution of the document. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, the City Council previously approved a 1996 format contract with the Michigan Department of Transportation for installation of a replacement fuel tank at Jack Barstow Airport at the May 10, 1999 meeting; and

WHEREAS, the Michigan Department of Transportation subsequently notified the City that the 1996 format contact form is outdated; and

WHEREAS, an updated 1999 format contract has been received from the Michigan Department of Transportation for installation of a replacement fuel tank at Jack Barstow Airport to be shared on an 80/20 state/local basis in the amount of $20,000 and $5,000 for each party respectively; and

WHEREAS, the installation of this work is beneficial to bring the existing fuel system into compliance with current requirements; and

WHEREAS, the Barstow Airport Advisory Commission has reviewed this proposal and unanimously recommends acceptance of a grant from the State of Michigan Bureau of Aeronautics for replacement of the fuel tanks at the terminal building; and

WHEREAS, sufficient funds are available in the 1998/99 budget for this purpose; now therefor

RESOLVED, that the City Council approves the proposed 1999 format contract and certification for the installation of a replacement fuel tank at Jack Barstow Airport and authorizes the Mayor and City Clerk to sign the contract on behalf of the City. (Motion adopted.)

Site Plan No. 181 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 181, the request of Robert Anderson, on behalf of Quick and Reliable Printing, for site plan review and approval of a 6,000 square foot building addition at 3000 James Savage Road (the south side of James Savage Road west of Waldo Avenue); and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 181, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 181, in accord with the drawing dated June 7, 1999. (Motion adopted.)

Traffic Control Order P-99-03 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. P-99-03 filed May 5, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the two hour parking restriction on Ashman Circle between Jefferson Avenue and Saginaw Road be rescinded

is hereby made permanent. (Motion adopted.)

Traffic Control Order P-99-04 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that Traffic Control Order No. P-99-04 filed May 6, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on the northwest side of Fournie Street between Pine Street and Carpenter Street

is hereby made permanent. (Motion adopted.)

 

99 Major Street Reconstruction; Contract No. 4     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 reconstruction of the following streets:

Sturgeon Avenue Gibson Street to Wackerly Street

Waldo Avenue Ashman Street to US-10 Overpass

Wheeler Street US-10 Ramp to Waldo Avenue

; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company of Essexville, Michigan, for the "1999 Major Street Reconstruction; Contract No. 4", in the indicated amount of $368,271.15, 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.)

 

99 Nelson Street Storm Sewer; Contract No. 13 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 new storm sewer on Nelson Street from Erie Court to the existing 120" storm sewer west of Jefferson Avenue; and

WHEREAS, funding for the Nelson Street Storm Sewer is provided by the General Fund (Project No. ST0002); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1999 Nelson Street Storm Sewer; Contract No. 13", in the indicated amount of $45,690.55, 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.)

 

99 Sidewalk Replacement Program; Contract No. 22     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 removal and replacement of existing damaged sidewalks in the City of Midland; and

WHEREAS, funding for this project in the amount of $100,000 is included in the 1999-2000 FY General Fund budget for Sidewalk Maintenance, "Contracted Sidewalk Construction," (account number 101-4480-734.81-05); and a request to encumber $44,466.00 from the 1998-99 FY Sidewalk Maintenance activity has been submitted; and there being a minimum of $90,000.00 balance in the 1999-2000 FY General Fund budget for Public Improvements, "Sidewalk Construction"; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $90,000.00 from the 1999-2000 FY General Fund budget for Public Improvements, "Sidewalk Construction" to the Sidewalk Maintenance activity, "Contracted Sidewalk Construction;" and

RESOLVED FURTHER, that the sealed proposal meeting city specifications submitted by Sova and Sons Contracting of Midland, Michigan for the "1999 Sidewalk Replacement Program, Contract No. 22," in the indicated amount of $232,450.00 based on city estimated quantities is accepted and the Mayor and City Clerk are authorized to execute a contract in accord with the proposal and the city specifications. (Motion adopted.)

Purchase - Truck Hoist 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 replacement of a truck hoist at the city garage (Bid No. 2295); and

WHEREAS, funding for this equipment is available in the 1999-2000 Equipment Revolving Fund budget for Capital Outlay, "Equipment," account number 640-9120-912.97-25; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Kessler’s Equipment Company, Inc. of Saginaw, Michigan in the amount of $29,492.62 for the removal and replacement of one truck hoist in accordance with the proposal and city specifications. (Motion adopted.)

Sand Hauling - Landfill The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed bids for Sand Hauling for Landfill, Bid No. 2242, were advertised and received in accord with Section 2-18 of the Midland Code of Ordinances, and

WHEREAS, funding is available for this service through the Landfill Fund; and

WHEREAS, Leasco Properties was determined to be the qualified low bidder and as such was awarded the sand hauling contract on October 19, 1998; and

WHEREAS, Leasco Properties has since ceased to operate and has been acquired by Chippewa Contracting, Inc.; and

WHEREAS, Leasco Properties has failed to comply with the terms of the contract and Chippewa Contracting, Inc. has indicated that they did not assume Leasco Properties’ contract and as such will not provide the services required pursuant to said contract; and

WHEREAS, to mitigate the damages occurring to the City as a result of Leasco Properties’ failure to perform pursuant to the contract, and Chippewa Contracting’s indication that it will not perform pursuant to the contract, it is in the City’s best interest to award a sand hauling contract to the second low bidder; now therefore

RESOLVED, that the second low qualifying bid proposal submitted by Doc Heinz Contracting, Inc., of $3.21 per yard for the hauling of a revised amount of 30,000 yards of core butts sand and 25,000 yards of washed classified sand is hereby accepted and the issuance of a purchase order not to exceed $176,550 is authorized. (Motion adopted.)

CAT 950F Loader Buy-Out Noel Bush, Utilities Director, requested Council consider waiving competitive bids and consider purchasing an originally leased CAT 950 Loader at the buyout price received from Michigan CAT. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, on November 11, 1994, the City of Midland entered into a formal lease agreement with Michigan CAT for lease of a 950F Loader, with an option to purchase said Loader upon expiration of the lease; and

WHEREAS, the Administration has recommended exercise of said buyout option, and funding is available through account #517-9120-912.97-25 Equipment; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order to Michigan CAT is authorized in the amount of $86,933.90 for the buyout of the 950F Loader. (Motion adopted.)

 

99 Huntley, Laughton & Welch Water Main Improvement     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

HUNTLEY LANE from Isabella Road to the end of the street

LAUGHTON DRIVE from Isabella Road to the end of the street

WELCH DRIVE from Isabella Road to the end of the street

;and

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

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

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

"1999 HUNTLEY, LAUGHTON AND WELCH WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

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

Commencing at the South 1/4 Corner of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; thence West 132 feet, along the South Section Line; thence North 60 feet, to the Point of Beginning; thence North 270 feet; thence East 132 feet; thence North 330 feet; thence West 561 feet; thence South 165 feet; thence East 101 feet; thence South 340 feet; thence Southeasterly 140 feet; thence East 252 feet, to the Point of Beginning; ALSO

Commencing at the Southwest Corner of Section 13, T. 14 N., R. 1 E., City of Midland, Michigan; thence East 429 feet, along the South Section Line; thence North 69.11 feet, to the Point of Beginning; thence North 525.89 feet; thence East 723 feet; thence South 165 feet; thence West 145 feet; thence South 361.78; thence West 578 feet, along the Northerly Right of Way line of Isabella Road (Highway M-20), to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is fifty-one thousand five hundred dollars ($51,500.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be twenty-four thousand one hundred thirty-five and 79/100 dollars ($24,135.79) and that all other costs and expenses of said improvement amounting to twenty-seven thousand three hundred sixty-four and 21/100 dollars ($27,364.21) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, July 26, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

99 Isabella Sanitary Sewer Improvement    The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

ISABELLA STREET from 400 feet east of Vance Road to 700 feet east of Vance Road

;and

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

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

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

"1999 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

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

ISABELLA STREET from 400 feet east of Vance Road to 700 feet east of Vance Road

Commencing at the Northwest Corner of Section 19, T. 14 N., R. 2 E., City of Midland, Michigan; thence East 414.3 feet, along the North Section Line; thence South to the South Right of Way Line of Isabella Street (Highway M-20); thence East 298.35 feet, along the South Right of Way Line of Isabella Street (Highway M-20); thence Southerly 254.6 feet; thence West 356.1 feet; thence North 255 feet, more or less, to the South Right of Way Line of Isabella Street (Highway M-20), to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is fifteen thousand dollars ($15,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be ten thousand three hundred fifty and 70/100 dollars ($10,350.70) and that all other costs and expenses of said improvement amounting to four thousand six hundred forty-nine and 30/100 dollars ($4,649.30) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, July 26, 1999 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

98-99 Water Fund Budget Amendment    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 7:00 p.m. on Monday, July 26, 1999, in the Council Chambers of City Hall on the proposal to amend the 1998-99 Water Fund budget to increase revenues from sale of industrial water by $33,100 and to increase appropriations for Water Treatment Plant Maintenance - Industrial by $33,100. (Motion adopted.)

NEW BUSINESS Council tentatively scheduled a special meeting with the West Main Street Historic District Commission for August 23, 1999, at 5:45 p.m.

 

Being no further business the meeting adjourned at 9:39 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk