August 9, 1999

A regular meeting of the City Council was held on Monday, August 9, 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 Tysse, Marty Wazbinski

Councilmen absent: John Moolenaar (excused)

 

Minutes     Approval of the minutes of the July 26, 1999 regular meeting was offered by Councilman Coppage and seconded by Councilman Wazbinski. (Motion adopted.)

William R. Wittbrodt Day     Selina Tisdale, Community Relations Coordinator, introduced the Honorable James E. Wilson, who requested that Council issue a proclamation designating Friday, August 13, 1999, as William R. Wittbrodt Day in Midland. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Friday, August 13, 1999 as William R. Wittbrodt Day in Midland. (Motion adopted.) Mayor Black presented the proclamation to the Honorable James E. Wilson.

 

99 Isabella Sanitary Sewer Improvement Assessment Roll     Diane Dryzga, City Assessor, presented information on the "1999 Isabella Sanitary Sewer Improvement Special Assessment District Special Assessment Roll". A public hearing was opened at 7:07 p.m., no comments were made, the hearing closed at 7:08 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

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 sanitary sewer improvements on the "1999 ISABELLA SANITARY SEWER 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 assessments are 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 $4,649.30 and that the total estimated cost of said improvements is $15,000.00, and the City at large cost is $10,350.70; 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 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.)

 

98-99 Water Fund Budget Amendment – Clean-up Repairs Noel Bush, Director of Utilities, presented information on a 1998-99 Water Fund Budget amendment for clean-up repairs due to an increase in water main breaks. A public hearing was opened at 7:10 p.m., no comments were made, the hearing closed at 7:11 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, on July 26, 1999 a public hearing was scheduled for Monday, August 9, 1999, at 7:00 p.m. to consider amending the 1998-99 budget for the Water Fund to increase appropriations in the budget for clean-up repairs due to an increase in water main breaks during Fiscal 1998-99; and

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, August 9, 1999, on the proposal to amend the 1998-99 Water Fund budget to increase appropriations in the budget for clean-up repairs associated with water main breaks; now therefore

RESOLVED, that the 1998-99 Water Fund budget is hereby amended to increase appropriations for Water Main Maintenance and Repairs by $72,000. (Motion adopted.)

 

98-99 Water Fund Budget Amendment – River Crossing Noel Bush, Director of Utilities, presented information on a 1998-99 Water Fund Budget amendment for installation of a river crossing and water lines. A public hearing was opened at 7:14 p.m., no comments were made, the hearing closed at 7:15 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, on July 26, 1999 a public hearing was scheduled for Monday, August 9, 1999, at 7:00 p.m. to consider amending the 1998-99 budget for the Water Fund to recognize revenues and expenses associated with the installation of the Homer Township river crossing and water lines; and

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, August 9, 1999, on the proposal to amend the 1998-99 Water Fund budget to increase the revenues from Capital Charges and to increase expenses for Investment in Assets associated with the installation of the Homer Township river crossing and water lines; now therefore

RESOLVED, that the 1998-99 Water Fund budget is hereby amended to increase revenues from Capital Charges by $272,594, and to increase expenses for Investment In Assets for the Tittabawassee River Crossing and water lines by $272,594. (Motion adopted.)

 

99-00 Washington Woods Budget Amendment    James Schroeder, Director of Planning and Community Development, presented information on a 1999-00 Washington Woods Fund Budget amendment for the conversion of the laundry facilities. A public hearing was opened at 7:20 p.m., no comments were made, the hearing closed at 7:21 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, August 9, 1999, on the proposal to amend the 1999-2000 Washington Woods budget to allow unanticipated revenues from the sale of fixed assets to be expended for building improvements and to allow unanticipated revenues from the sale of laundry tokens to be expended for the purchase of laundry maintenance contractual services; now therefore

RESOLVED, that the 1999-2000 Washington Woods budget is hereby amended as follows:

REVENUES:

Sale of Assets Increase $ 9,600

Sale of Laundry Tokens Increase 6,000

EXPENSES:

Buildings & Additions Increase 9,600

Laundry Contractor Increase 6,000

(Motion adopted.)

 

PUBLIC COMMENTS No comments were made.

 

Cost Estimate from HRC–Sensible Sewer Committee Alternatives James Aiello, representing Hubbell, Roth and Clark, Inc. (HRC), presented Hubbell, Roth and Clark’s Phase 3 and the Sensible Sewer Program Technical Committee (SSPTC) Alternative Cost Estimate Comparison. James Hubbell, from HRC, spoke regarding retention basin improvements. William Fagley, 2700 Glendale, presented a document to Council indicating the Sensible Sewer Program Technical Committee would compromise and accept the HRC estimate of the SSPTC Sanitary Sewer Program if the city would accept a maximum storm sewer program of $13,100,000. Mr. Fagley also presented the Committee’s 9 point program for better sewers. John Rapanos, 1012 W. Sugnet, spoke in reference to building the Nelson Street pumping station and the retention pond. Dorothy Lengerman, 405 E. Nelson, requested Council stop monitoring the system and take action. Harry Rolka, 1116 Glendale, spoke in support of HRC’s proposal for retention and sanitary sewers. At Council’s request, Karl Tomion, City Manager, will develop a time line and a communication schedule to be used to educate the public on the issues. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Hubbell, Roth & Clark (HRC) and the Sensible Sewer Program Technical Committee (SSPTC) cost estimate comparison be received and filed in the office of the City Clerk. (Motion adopted.)

Revised MCV Project Plan This item, if approved, would amend the Composite Project Plan of MCV and the issuance by the Corporation of the Refunding Bonds. Mayor Black’s firm, Riecker, VanDam, Barker & Black, P.C. is legal counsel for MCV. Therefore, Mayor Black requested that he be allowed to abstain from discussion and voting on this item. Council unanimously agreed to the abstention. Mayor Black handed the gavel to Mayor Pro Tem Coppage. Jack Duso, Assistant City Manager, presented information on a revised Midland Cogeneration Venture (MCV) Project Plan. Tom Colis from Miller, Canfield, Paddock and Stone, P.L.C. and Steve Shulman, CFO and Treasurer of MCV, requested Council approve the document. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, there exists in the County of Midland, Michigan (the "County") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the County’s economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the County and its residents and to retain employment opportunities in the County; and

WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes was initiated by the Economic Development Corporation of the County of Midland (the "Corporation"); and

WHEREAS, on July 16, 1982 there was presented to the Corporation a proposal relating to the acquisition and construction of pollution control and sewage disposal facilities to be located in the county (the "Project") for use by Consumers Power Company, a Michigan corporation ("Consumers"); and

WHEREAS, pursuant to said proposal, on August 25, 1982 the Corporation in conformity with Act 338 of the Public Acts of Michigan, 1974, as amended ("Act 338"), and the Internal Revenue Code of 1954, as amended, prepared and submitted a project plan (the "Original Project Plan") for the Project; and

WHEREAS, the Project and the Project Area were and are located in the City, and accordingly the Original Project Plan was submitted to the City for approval, and on September 13, 1982 the City Council approved the original Project Plan; and

WHEREAS, on September 21, 1982 the Board of Commissioners of the County (the "County Commission") held a public hearing concerning the Project, the Original Project Plan and the proposed issuance of approximately $25,000,000 The Economic Development Corporation of the County of Midland Pollution Control Revenue Bonds (Consumer Power Company Project), Series A (the "Series A Bonds"), the proceeds of which were to be used to finance the Project; and

WHEREAS, in accordance with the Project Plan, on October 20, 1982 the Corporation proceeded with the sale, issuance and delivery of Series A Bonds in the amount of $19,000,000; and

WHEREAS, following the issuance of the Series A Bonds, Midland Cogeneration Venture Limited Partnership, a Michigan limited partnership ("MCV") (one of the general partners of which is a wholly-owned subsidiary of Consumers), succeeded to the interests of Consumers in the Project; and

WHEREAS, on September 8, 1987 at the request of MCV, the Corporation acted to amend and supplement certain paragraphs of the Original Project Plan in order to provide for the issuance of new variable rate bonds the proceeds of which would be used to refund the Series A Bonds; and

WHEREAS, the Original Project Plan, as so amended (the "Amended Project Plan") was considered at a public hearing held by the County Commission on September 22, 1987 and thereupon approved; and

WHEREAS, in accordance with the Amended Project Plan, on October 6, 1987 the Corporation proceeded with the sale, issuance and delivery of $19,000,000 The Economic Development Corporation of the County of Midland Variable Rate Demand Pollution Control Limited Obligation Revenue Refunding Bonds (Midland Cogeneration Project) Series 1987 (the "Series 1987 Bonds"); and

WHEREAS, on December 7, 1989 MCV requested the Corporation to issue new bonds in an amount not to exceed $180,000,000 (the "Series 1990 Bonds") the proceeds of which were to be used to refund the Series 1987 Bonds and to finance up to $161,000,000 of additional costs of the Project; and

WHEREAS, on December 20, 1989, the Corporation amended the Amended Project Plan (as so amended, the "Second Amended Project Plan") to provide for the issuance of the Series 1990 Bonds in an amount not to exceed $180,000,000; and on January 10, 1990 made further amendments to expand the Project Area; and

WHEREAS, the provisions of the Original Project Plan, including the September 8, 1987 amendments thereto, and the Second Amended Project Plan have all been compiled in a Composite Project Plan; and

WHEREAS, on January 8, 1990 the City Council of the City approved the Composite Project Plan; and

WHEREAS, on January 16, 1990 the County Commission approved the Second Amended Project Plan; and

WHEREAS, on January 16, 1990 MCV advised the Corporation that further costs of the Project would qualify for financing with tax exempt bonds of the Corporation under the applicable provisions of the Internal Revenue Code of 1986, so that instead of $161,000,000 of such costs, the sum of $181,000,000 would qualify and accordingly requested the Corporation to issue the Series 1990 Bonds in an amount not to exceed $230,000,000 rather than $180,000,000; and

WHEREAS, on January 31, 1990, the Corporation amended the Composite Project Plan to provide for the issuance of the Series 1990 Bonds in an amount not to exceed $230,000,000 rather than $180,000,000; and

WHEREAS, in accordance with the amended Composite Project Plan, on or about March 15, 1990, the Corporation issued $181,000,000 its Pollution Control Limited Obligation Revenue Bonds (Midland Cogeneration Project), Series 1990A (the "Series 1990A Bonds") to finance the acquisition, construction and installation of the Project; and

WHEREAS, pursuant to a Tax-Exempt Collateral Trust Indenture dated as of July 1, 1990 among the Corporation, MCV and Meridian Trust Company as trustee, on or about October 22, 1991, the Corporation issued $181,000,000 of its Subordinated Pollution Control Limited Obligation Revenue Refunding Bonds (Midland Cogeneration Project), Series 1990B (the "Series 1990B Bonds") to refund the Series 1990A Bonds and $19,000,000 of its Subordinated Pollution Control Limited Obligation Revenue Refunding Bonds (Midland Cogeneration Project) Series 1990C (the "Series 1990C Bonds") to refund the Series 1987 Bonds; and

WHEREAS, MCV has requested the Corporation to issue not to exceed $181,000,000 of its Subordinated Pollution Control Limited Obligation Revenue Refunding Bonds (Midland Cogeneration Project), Series A and not to exceed $19,000,000 of its Subordinated Pollution Control Limited Obligation Revenue Refunding Bonds (Midland Cogeneration Project), Series B (collectively, the "Refunding Bonds") to provide a portion of the funds necessary to refund, on a current basis, the Corporation’s $181,000,000 Series 1990B Bonds and its $19,000,000 Series 1990C Bonds, respectively (the Series 1990C Bonds, collectively with the Series 1990B Bonds, the "Refunded Bonds"); and

WHEREAS, it is necessary to further amend the Composite Project Plan to provide the issuance of the Refunding Bonds and the use of the proceeds thereof to refinance the Project by refunding the Refunded Bonds and to update certain information contained therein; and

WHEREAS, the Corporation, in conformity with Act No. 338 and the Internal Revenue Code of 1986, as amended (the "Code"), will submit to the County Commission the amended Composite Project Plan, a copy of which is on file with the City Clerk, to provide for the issuance of the Refunding Bonds and the use of the proceeds for the aforementioned purposes; and

WHEREAS, the County Commission is expected to approve the amended Composite Project Plan in the near future;

NOW, THEREFORE, BE IT RESOLVED:

The amended Composite Project Plan meets the requirements set forth in Section 8 of Act 338, and is hereby approved.

The persons who will be active in the management of the Project for not less than one year after approval of the amended Composite Project Plan have sufficient ability and experience to manage the plan properly.

The proposed methods of financing the Project as outlined in the amended Composite Project Plan are feasible and the Corporation has the ability to arrange, or cause to be arranged, the financing.

The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved.

Issuance by the Corporation of the Refunding Bonds in an amount not to exceed $200,000,000, in accordance with the terms set forth in the amended Composite Project Plan, to refinance all or part of the costs of the Project as described herein and in the amended Composite Project Plan, is hereby approved.

Based upon the information submitted and obtained, the amended Composite Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City’s economy and, therefore, constitutes a vital and necessary public purpose.

All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

(Motion adopted.) (Yeas: Coppage, Tysse, Wazbinski Nays: None Abstained: Black)

 

Mayor Pro Tem Coppage returned the gavel to Mayor Black.

 

Standards - Industrial District Signs    Jack Duso, Assistant City Manager, presented information to Council on referring staff recommendations to amend standards for industrial district signs to the Planning Commission. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, the Administrative Staff has recommended that the Industrial District Sign Ordinance be amended to include the Michigan Department of Transportation dimension standards for industrial district signs along limited access highways; now therefore

RESOLVED, that the City Council hereby refers the staff recommendation to the Planning Commission for consideration of amending the Industrial District Sign section in the Zoning Ordinance. (Motion denied.) (Yeas: Wazbinski Nays: Black, Coppage, Tysse)

Final Plat – Sterling Park No. 10 James Schroeder, Director of Planning and Community Development, presented information on a request for final approval of Sterling Park Subdivision No. 10. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the Final Plat of Sterling Park Subdivision No. 10 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Sterling Park Subdivision No. 10, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said record plat on behalf of the City. (Motion adopted.)

Deed – Trailridge Drive The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the City Council accepts a deed from Stone Ridge Enter-prises for the right-of-way of the extension of Trailridge Drive west from its present terminus; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to record said deed with the Midland County Register of Deeds. (Motion adopted.)

 

City Forest Estates Subdivision Sidewalk Waiver Request     James Schroeder, Director of Planning and Community Development, presented information on a request from the proprietor of City Forest Estates Subdivision to waive the requirement for the construction of sidewalks. Roy E. Wise, President of Wiskin Land Development, Inc., requested Council approve the waiver. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a request has been received from Roy Wise, President of Wiskin Land Developments, Inc., proprietor of City Forest Estates Subdivision, requesting a waiver of the requirement for the construction of sidewalks within said subdivision; now therefore

RESOLVED, that the City Council grants a variance from the provisions of Section 23-80 of the Code of Ordinances (the Subdivision Control Ordinance) so as not to require sidewalks within the plat of City Forest Estates Subdivision, based on the following:

(1) That there are special circumstances or conditions affecting said property such that strict compliance to the provisions of this chapter would deprive the applicant of the reasonable use of his land.

(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the proprietor.

(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is located.

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

 

Joint Residential Construction Project with MPS     The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the Midland Public Schools administration has requested another joint project with the City of Midland by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

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

WHEREAS, a project at 3602 West Wackerly Street has been selected and designed; and

WHEREAS, a staff estimate indicates materials and contracted services for the project shall not exceed $83,600; and

WHEREAS, it has been determined that sealed bids is not an effective method of selling housing in the community; now therefore

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

RESOLVED FURTHER, that staff is authorized to utilize funds from the Housing Commission Revolving Fund; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical, and staff is authorized to sell the house on the open real estate market, based on the appraised value, utilizing staff resources, or by listing it for sale with a local realtor; and

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

Site Plan No. 182 The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the City Council received the recommendation of the City Planning Commission for approval of Site Plan No. 182, the request of Forward Corporation, for site plan review and approval of an 6,083 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road, conditioned upon the removal of the south entrance from Saginaw Road and the restriction of left-turning movements to and from East Patrick Road; and

WHEREAS, the City Council has reviewed proposed Site Plan No. 182, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; and

WHEREAS, the City Council amended the Planning Commission’s recommendation for approval of Site Plan No. 182 by adding an additional condition, being the restriction of traffic movement on Walsh Street to southbound only, in and out; now therefore

RESOLVED, that the City Council hereby approves Site Plan No. 182, conditioned upon the removal of the south entrance from Saginaw Road, the restriction of left-turning movements to and from East Patrick Road and the restriction of traffic movement on Walsh Street to southbound only, in and out. (Motion adopted.)

Automation Services – Library The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, Section 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and

WHEREAS, the Grace A. Dow Memorial Library currently purchases various automation services from the Valley Library Consortium; and

WHEREAS, it is the recommendation of the Library Director and staff that the Library’s participation in the Valley Library Consortium be continued; now therefore

RESOLVED, that the purchase of the Library’s 1999/2000 requirements for on-line automation services, including membership, terminal port connections and records database maintenance for the automated acquisition, catalog and circulation modules, from the Valley Library Consortium, is hereby approved in an amount not to exceed $101,000. (Motion adopted.)

 

Materials & Processing Service – Library     The following resolution was offered by Councilman  Coppage and seconded by Councilman Wazbinski:

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

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

RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances the requirement for sealed proposals is hereby waived and the purchase of services from Brodart, Inc. is hereby approved for the 1999/2000 fiscal year at a cost not to exceed $300,000. (Motion adopted.)

 

Electronic On-line Services – Library    The following resolution was offered by Councilman  Coppage and seconded by Councilman Wazbinski:

WHEREAS, the Gale Group of Farmington Hills, MI is the only supplier of the electronic services which the Grace A. Dow Memorial Library requires; and

WHEREAS, funding for these services is provided in the Library’s materials budget; now therefore

RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances the requirement for sealed proposals is hereby waived and the purchase of electronic on-line services from the Gale Group of Farmington Hills, MI is hereby approved for the 1999/2000 fiscal year at a cost not to exceed $32,000. (Motion adopted.)

Periodical Subscriptions-Library The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, it is the recommendation of the Library Director and staff that the Library purchase its periodical subscriptions from EBSCO Information Services; and

WHEREAS, funding for these services is provided in the Library’s materials budget; now therefore

RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances the requirement for sealed proposals is hereby waived and the purchase of periodical subscriptions from EBSCO Information Services is hereby approved for the 1999/2000 fiscal year at a cost not to exceed $45,000. (Motion adopted.)

 

99 St. Andrews Road Reconstruction; Contract #3     The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

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 and resurfacing of St. Andrews Road from Orchard to Eastman; and

WHEREAS, funding for this project is provided by the Major Street Fund (Project No. MS0003); now therefore

RESOLVED, that the low sealed proposal submitted by Midland Contracting Company of Carrollton, Michigan, for the "1999 St. Andrews Road Reconstruction; Contract No. 3", in the indicated amount of $101,854.00, 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.)

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

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the "1999 Surplus Equipment Report" attached as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the City Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, August 14, 1999. (Motion adopted.)

 

Being no further business the meeting adjourned at 10:20 p.m.

 

_____________________________________

Penny K. Kovacevich, City Clerk