August 23, 1999

A regular meeting of the City Council was held on Monday, August 23, 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 Councilmen absent: Marty Wazbinski (excused)

Minutes Approval of the minutes of the August 9, 1999 regular meeting was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

Midwest Tandem Rally Weekend Jill Liberto, Assistant Communications Coordinator, introduced Jim Mertens, Midwest Tandem  Co-Chairperson, who requested Council issue a proclamation designating September 3 – 6, 1999, as Midwest Tandem Rally Weekend 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 September 3 to September 6, 1999, as Midwest Tandem Rally Weekend in Midland. (Motion adopted.) Mayor Black presented the proclamation to Jim Mertens.

Safety Program – Midyear Report Gussie Peterson, Employee Safety and Health Manager, presented the Midyear Progress Report for the City Safety Program.

Safety Leadership Award Gussie Peterson, Employee Safety and Health Manager, introduced Harold Berg, recipient of the third annual City Manager’s Safety Leadership Award. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

IN RECOGNITION

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

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

WHEREAS, the City of Midland Employee Safety Action Committee has selected Harold Berg, recently retired Heavy Motor Equipment Mechanic for the Department of Public Works, as the third annual recipient of this award due to his significant contributions to the City and Public Works safety programs; and

WHEREAS, the City Manager, Karl Tomion, presented the third annual Safety Leadership Award to Harold at the City safety picnic on July 27, 1999; now therefore

RESOLVED, that the Midland City Council acknowledge the extraordinary contributions that Harold Berg has made to the City and Public Works safety programs and congratulate him for being the third annual recipient of the award. (Motion adopted.) Mayor Black presented the certificate to Harold Berg.

 

 

Phase 3 Proposals to Improve Sewer Systems - Process Report     Selina Tisdale, Community Relations Coordinator, presented a report on the informational campaign and citizen involvement process for the Phase 3 proposals to improve the sewer systems. William Fagley, 2700 Glendale, presented a Sensible Sewer Opinion Poll. John Rapanos, 1012 W. Sugnet, criticized the engineering services of Hubbell, Roth and Clark, Inc. and spoke in support of the agreement with the DEQ. Charles Hepenstal, 1317 North Parkway, spoke in support of the informational campaign with the exception of using the Midland Mall as a public meeting site. Dorothy Lengerman, 405 E. Nelson, spoke in favor of an informational brochure similar to the one used in November 1987. Tom Darger, 3406 Swede, spoke in support of a new ballot proposal. Richard McCreadie, 2700 Washington, voiced support of the comments made by John Rapanos. The original resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse. After a discussion, Councilman Moolenaar requested the resolution be modified to read Midland’s sanitary sewer system instead of Midland’s storm and sanitary sewer systems. Being no objections, the following modified resolution was then presented for consideration:

WHEREAS, the Administrative Staff has recommended a communications plan to inform the public and obtain citizen feedback on Hubbell, Roth and Clark’s Phase 3 proposals to improve Midland’s sanitary sewer system; now therefore

RESOLVED, that the City Council hereby directs staff to initiate the items outlined in the report regarding the informational campaign and citizen involvement process for the phase 3 proposals to improve Midland’s sanitary sewer system including the development of a call-in program, coordination of an informational booth at the mall, and production of an MGTV program and At Your Service… newsletter on this topic. (Motion adopted. Yeas: Black, Moolenaar, Tysse Nays: Coppage)

DEQ Administrative Consent Order Jack Duso, Assistant City Manager, presented an overview of the Michigan Department of Environmental Quality Administrative Consent Order. A public hearing was opened at 8:55 p.m. Duane Marsh, 4804 Oakridge Drive and President of the Chamber of Commerce, spoke on behalf of the Midland Chamber of Commerce Board of Directors, in support of the Consent Order. The hearing closed at 9:00 p.m. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the Administrative Staff has negotiated an Administrative Consent Order with the Michigan Department of Environmental Quality as a result of the issuance of Notices of Noncompliance related to the City's NPDES Permit; and

WHEREAS, prior to considering adoption of the Administrative Consent Order, the City Council has expressed its intent to allow an opportunity for citizens to inspect the document and provide input to the City Council; and

WHEREAS, on July 26, 1999 the City Council received the Administrative Consent Order and directed the staff to make a copy of the Administrative Consent Order available to the public in the City Clerk’s office, the Grace A. Dow Memorial Library, and the City of Midland web site; and

WHEREAS, a public hearing has been conducted on August 23, 1999 at 7:00 p.m. at City Hall; now therefore

RESOLVED, that the Administrative Consent Order is hereby approved and the Mayor and City Clerk are hereby authorized to execute said document. (Motion adopted.)

 

HRC’s Proposal for Engineering Services – Retention Basin     Noel Bush, Director of Utilities, presented an overview of the Hubbell, Roth and Clark proposal for engineering services. John Rapanos, 1012 W. Sugnet, criticized the engineering services of Hubbell, Roth and Clark, Inc. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City of Midland desires to engage the professional engineering services of Hubbell, Roth and Clark to prepare a project plan for a 43.5 MG retention basin, develop a detailed basis of design, and preparation of approvable plans and specifications for the retention basin; and

WHEREAS, the City of Midland also desires to engage Hubbell, Roth and Clark to provide professional engineering services in connection with the implementation of a flow monitoring study of the sanitary sewer system in the City of Midland; and

WHEREAS, said engineering consulting firm has submitted proposals of $333,400 for the retention basin work and $38,400 for the flow monitoring work, for a total estimated cost of $371,800; and

WHEREAS, funding for retention basin work is available in the Wastewater Fund Working Capital Account and funding for the flow monitoring work is available in the Wastewater Operating Budget; and

WHEREAS, in accord with Section 2-19 of the Midland Code of Ordinances, no sealed proposals shall be required for purchases or contracts for professional services; now therefore

RESOLVED, that the City Council hereby accepts the proposal and authorizes the Mayor and City Clerk to execute Amendment number three to the agreement for professional engineering services between the City of Midland and Hubbell, Roth and Clark for Phase IV, consisting of the preparation of a project plan for a 43.5 MG retention basin at the Wastewater Treatment Plant, the development of a detailed basis of design for the proposed retention basin, preparation of approvable plans and specifications for the proposed retention basin and assistance to the City in implementing a flow monitoring study for the sanitary sewer system in an amount not to exceed $371,800, and a purchase order is authorized. (Motion adopted.)

ZTA No. 136A – Fences James Schroeder, Director of Planning and Community Development, presented information on Zoning Text Amendment No. 136A - Fences. A public hearing was opened at 9:12 p.m., no comments were made, the hearing closed at 9:13 p.m. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:

ORDINANCE NO. 1458

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 shall not be greater than six (6) feet in height.

(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. (Ordinance adopted.)

Zoning Petition No. 446 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 446 – zoning 100+ acres south of West Wackerly Street and west of Dublin Avenue to Residential A-1. A public hearing was opened at 9:15 p.m., no comments were made, the hearing closed at 9:16 p.m. The following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

ORDINANCE NO. 1459

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 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: Commencing at the North 1/4 corner of Section 1, T14N, R1E, Midland County, Michigan; thence South 433.00 feet, along the North-South 1/4 line, to the State Drain to the Point of Beginning; thence Southeasterly along the State Drain 216 feet, to a point 500 feet South of the North Section line; thence East, parallel to and 500 feet South from the North Section line to the East 1/8 line of said Section; thence South 3253.36 feet, along the East 1/8 line; thence North 88 04’ 33" West 208 feet; thence North 54 52’ 24" West 1327.13 feet, to the North-South 1/4 line; thence North 02 13’ 39" East 587 feet, along the North-South 1/4 line to the center of said Section 1; thence North 87 39’ 42" West 400 feet, along the East-West 1/4 line; thence North 02 19’ 41" East, to the North 1/8 line; thence East 400 feet, along the North 1/8 line, to the North-South 1/4 line; thence North 02 19’ 21" East 693.13 feet along the North-South 1/4 line, to the Point of Beginning,

be, and the same is hereby changed to a Residential A-1 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. (Ordinance adopted.)

PUBLIC COMMENTS William Fagley, 2700 Glendale, reviewed and presented a document questioning HRC’s Phase III Sanitary Sewer Analysis and Cost Estimates.

Site Plan No. 183 James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 183 - south side of Schuette Road west of Waldo Avenue. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 183, the request of Jerry Schafer, on behalf of Dollar Daze, for site plan review and approval of a 23,250 square foot warehouse on 4.5 acres on the south side of Schuette Road west of Waldo Avenue; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 183, 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. 183, in accord with the drawing dated July 23, 1999. (Motion adopted.)

 

Local Finance Development Authority     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland (the "City") is authorized by the provisions of Act 281, Public Acts of Michigan, 1986, as amended ("Act 281"), to create a local development finance authority; and

WHEREAS, pursuant to Act 281, the City is required to hold a public hearing on the establishment of a local development finance authority and the creation of authority districts in which the local development finance authority will exercise its powers; and

WHEREAS, on June 21, 1999, the City Council conducted a public hearing on the proposed local development finance authority and the designation of the proposed authority district; and

WHEREAS, more than sixty (60) days have passed since the public hearing; now therefore

RESOLVED, that:

1. Determination of Necessity; Purpose. The City Council hereby determines that it is necessary for the best interests of the public to create a public body corporate which shall operate to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City, pursuant to Act 281.

2. Definitions. The terms used in this resolution shall have the same meaning as given to them in Act 281 or as hereinafter in this section provided, unless the context clearly indicates to the contrary. As used in this resolution:

"Act 281" means Act No. 281 of the Public Acts of Michigan of 1986, as amended.

"Authority" means the Local Development Finance Authority of the City of Midland created by this resolution.

"Authority Districts" means the authority districts designated by this resolution as now existing or hereafter amended, and within which the Authority shall exercise its powers.

"Board" or "Board of Directors" means the Board of Directors of the Authority, the governing body of the Authority.

"Chief Executive Officer" means the City Manager of the City.

"City" means the City of Midland, Michigan.

"Council" or "City Council" means the City Council of the City.

3. Creation of Authority. There is hereby created, pursuant to Act 281, a local development finance authority for the City. The Authority shall be a public body corporate and shall be known and exercise its powers under title of the "LOCAL DEVELOPMENT FINANCE AUTHORITY OF THE CITY OF MIDLAND." The Authority may adopt a seal, may sue and be sued in any court of this State, and shall possess all of the powers necessary to carry out the purpose of its incorporation as provided by this resolution and Act 281. The enumeration of a power in this resolution or in Act 281 shall not be construed as a limitation upon the general powers of the Authority.

4. Termination. Upon completion of its purposes, the Authority may be dissolved by the Council. The property and assets of the Authority, after dissolution and satisfaction of its obligations, shall revert to the City.

5. Description of Authority District. The Authority District shall consist of the territory in the City described in Exhibit A, attached hereto and made a part hereof, subject to such changes as may hereinafter be made pursuant to this resolution and Act 281.

6. Board of Directors. The Authority shall be under the supervision and control of the Board. The Board shall consist of eleven (11) board members, seven (7) of whom shall be appointed by the Chief Executive Officer, subject to approval by the Council, one (1) of whom shall be appointed by the County Board of Commissioners for the County of Midland, two (2) of whom shall be appointed by the chief executive officer of the local school district; and one (1) of whom shall be appointed by the chief executive officer of the local community or junior college. Members shall be appointed to serve for a term of four (4) years, except that of the members first appointed, an equal number, as near as is practicable, shall be appointed for terms of one (1) year, two (2) years, three (3) years, and four (4) years. A member shall hold office until the member’s successor is appointed and qualified. Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office. An appointment to fill a vacancy shall be made in the same manner as the original appointment but for the unexpired term only. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairperson of the Board shall be elected by the Board. The Board shall adopt Bylaws governing its procedures, subject to the approval of the Council. In the event that the Board determines to employ a Director of the Authority, such Director shall furnish a bond in the penal sum not less than Fifty Thousand Dollars ($50,000.00), payable to the Authority for use and benefit of the Authority, and shall file the same with the City Clerk of the City.

7. Powers of Authority. Except as specifically otherwise provided in this resolution, the Authority shall have all powers provided by law, subject to the limitations imposed by law and herein.

8. Fiscal Year; Adoption of Budget.

(a) The fiscal year of the Authority shall begin on July 1st of each year and end on June 30 of the following year, or such other fiscal year as may hereafter be adopted by the Council.

(b) The Board shall prepare annually a budget and shall submit it to the Council for approval in the manner and at the time, and which budget shall contain the information, and be prepared in the manner required of municipal departments. The Board shall not finally adopt a budget for any fiscal year until the budget has been approved by the Council. The Board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the resolution authorizing the revenue bonds.

(c) The Authority shall submit financial reports to the Council at the same time and on the same basis as departments of the City are required to submit reports. The Authority shall be audited annually by the same independent auditors auditing the City, and copies of the audit report shall be filed with the Council.

9. Repeals. All resolutions and parts of resolutions in conflict herewith are hereby repeale

10. Publication, Recording and Filing. This resolution shall be published once after its adoption in full in the Midland Daily News, a newspaper of general circulation in the City of Midland, and the City Clerk shall file a certified copy of the resolution with the Michigan Secretary of State promptly after its adoption.

11. Effective Date. This resolution shall take effect immediately upon its publication. (Motion adopted.)

Annexation – Homer Township The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

Commencing 693 feet South of the East 1/4 corner of Section 13, T14N, R1E, Midland County, Michigan; thence West 330 feet, North 34 feet, West 53 feet, Southeast 166 feet, East 368.5 feet, North 132 feet to the Point 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 a property owner that is the subject of the petitions and holds 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioner, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk. (Motion adopted.)

Annexation – Larkin Township The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

A part of Section 31, T15N, R2E, Midland County, Michigan, described as: The North 1/2 of the Northeast 1/4 of Section 31 lying west of Sturgeon Creek, excepting commencing 1293.31 feet West of the North 1/8 corner on the East Section line; thence North 41 37’ West 111.31 feet, South 78 12’ West 97.24 feet, South 28 23’ West 71.71 feet, East 203.31 feet to the Point 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 Larkin 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 Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk. (Motion adopted.)

 

Donation of "Midland Blooms" Water Truck The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the City Council hereby accepts from the Midland Chamber of Commerce, a truck formerly known as the "Midland Blooms" watering truck. (Motion adopted.)

MCESA Bus Parking Expansion The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the Midland County Educational Service Agency has requested that their bus parking area on Jefferson Avenue be extended southerly to allow more bus parking; and

WHEREAS, the Midland County Educational Service Agency has agreed to pay the cost for said expansion and that the work will be completed with the 1999 Jefferson & Sugnet Road Reconstruction; Contract No. 21; now therefore

RESOLVED, that the City Council accepts a gift from the Midland County Educational Service Agency for the expansion of the bus parking area on Jefferson Avenue and that the work will be completed as part of the 1999 Jefferson & Sugnet Road Reconstruction; Contract No. 21 at an estimated cost of $6,630. (Motion adopted.)

Skate Park Naming The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, a skatepark is being built in Chippewassee Park by the Midland Foundation; and

WHEREAS, the Midland Foundation sponsored a contest to name the park; and

WHEREAS, the Parks and Recreation Commission reviewed the names submitted and narrowed the list to five; and

WHEREAS, the people involved in the design phase of the Park were asked to vote on the five names; and

WHEREAS, Trilogy Skate Park was the name that received the majority of the votes; now therefore

RESOLVED, that the name Trilogy Skate Park is hereby accepted for the skating facility located within Chippewassee Park. (Motion adopted.)

Land Lease – Hangar Site 03E The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, an assignment and acceptance of lessee’s interest in lease agreement from Carolyn Kay Marvin to Elaine Lynn Chalup and John Charles Marvin has been received to transfer lease rights of Hangar 03E at Jack Barstow Airport; and

WHEREAS, Mrs. Elaine Chalup and Mr. John Marvin are the new owners of Hangar 03E at Barstow Airport and desire to transfer the existing land lease in their names; now therefore

RESOLVED, that the City Council approves the transfer of the Hangar Land Lease for Site 03E from Carolyn Kay Marvin to Mrs. Elaine Lynn Chalup and Mr. John Charles Marvin and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City. (Motion adopted.)

 

Sewer & Access Easements Midland Mall Forcemain Sewer The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the attached Sanitary Sewer and Access Easements from JVJ Midland Venture Limited Partnership and Dayton Hudson Corporation, to the City of Midland, for easements to construct the Midland Mall Forcemain Sewer, in Section 33, T. 15 N., R. 2 E., are hereby accepted and that the Sanitary Sewer and Access Easements are ordered recorded. (Motion adopted.)

 

MPS Joint Training Project – Building Maintenance     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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

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

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

WHEREAS, the locations are Washington Woods, Riverside Place, the Civic Arena and the Building Trades House to be constructed jointly by the City and the Midland Public Schools; now therefore

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

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

Purchase – Two Salt Trucks The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of two (2) new medium duty blade trucks with dump bodies and spreaders (salt trucks), Bid No. 2303; and

WHEREAS, funding for the new trucks in the amount of $120,000 is included in the 1999-2000 Equipment Revolving Fund budget for Capital Outlay, "Vehicles," account number 640-9120-912.97-30; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the net amount of $104,567.68, after trade-in of city equipment numbers 3-45 and 3-46, in accordance with the proposal and city specifications. (Motion adopted.)

99 Downtown Storm Sewer Improvements; Contract No. 15 The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of storm sewers at various locations in the downtown area to separate roof and parking lot drains from the sanitary sewer system; and

WHEREAS, funding for this project is provided by the Storm Water Management Fund (Project No. ST0001); now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "1999 Downtown Storm Sewer Improvements; Contract No. 15", in the indicated amount of $193,813.50, 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 Barstow Airport Fuel Tank Replacement; Contract No. 23     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 the fuel tanks at Barstow Municipal Airport; and

WHEREAS, funding for this project is provided by the Michigan Department of Transportation Bureau of Aeronautics and the General Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Genesis Contracting, Inc. of Perrysburg, Ohio, for the "1999 Barstow Airport Fuel Tank Replacement; Contract No. 23", in the indicated amount of $56,054.50, 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.)

Soil Grading–Hillside Subdivision The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, City staff has advertised for competitive bids for soil fill, excavating and grading for the CHOICE Hillside Subdivision; and

WHEREAS, the low bid is $50,500.00 from Gay Excavating of Midland; and

WHEREAS, funding for this work will be taken from the Housing Commission Revolving Fund; and

WHEREAS, staff has recommended award to the low bidder; now therefore

RESOLVED, that the Midland City Council hereby authorizes the City Purchasing Agent to issue a purchase order to Gay Excavating for $50,500.00. (Motion adopted.)

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

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

WHEREAS, funding is available in the 1999-00 budget, Account Number 536-9120-912.97-20; and

WHEREAS, Valley Carpet has submitted the low bid of $26,442.00; now therefore

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

Brass Water Service Fittings The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals (Bid No. 2310) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Brass Water Service Fittings for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Inventory Account; now therefore

RESOLVED, that the low sealed proposal submitted by Etna Supply Company of Grand Rapids, Michigan, for the indicated amount of $25,274.78, is hereby accepted and a purchase order authorized. (Motion adopted.)

Water Service Fittings The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals (Bid No. 2311) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Water Service Fittings for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Inventory Account; now therefore

RESOLVED, that the low sealed proposal submitted by MI Pipe & Valve Company of Carrollton, Michigan, for the indicated amount of $36,721.50, is hereby accepted and a purchase order authorized. (Motion adopted.)

Hydroseeding – Landfill The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed bids for Landfill Hydroseeding, Bid No. 2316, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has reported sufficient funds are available in capital account number 517-9120-912.97-15 Land Improvements; now therefore

RESOLVED, that the low qualifying bid proposal submitted by Reinhart’s Landscaping Inc. of Decatur, Indiana in the amount of $1,150/acre with a maximum contract amount of $23,000 is hereby accepted and a purchase order is authorized. (Motion adopted.)

 

Scraper/Pan Rentals with Operators – Landfill     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed bids for two Landfill Scraper/Pan Rental units with Operators, Bid No. 2315, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the City Administration has reported that sufficient budgetary funds are available in capital account number 517-9120-912.97-15 Land Improvements; now therefore

RESOLVED, that the low qualifying bid proposal submitted by Johnston Contracting of Midland, Michigan in the amount of $133/hour for each unit with a maximum amount of $58,520 is hereby accepted and a purchase order is authorized. (Motion adopted.)

 

Norlight Telecommunications License Agreement   The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland owns and controls public rights-of-way, easements and public places and may grant permission for the use of such public rights-of-way pursuant to the Michigan Constitution of 1963; and

WHEREAS, Pursuant to P.A. 1991, No. 179 Section 251, the City may approve or deny access to its public rights-of-ways, easements and public places to a telecommunications provider; and

WHEREAS, Norlight Telecommunications, Inc. ("Norlight"), has requested permission from the City to install, construct, operate and maintain a telecommunications system in the public rights-of-way, easements and public places of the City; and

WHEREAS, to the extent possible, Norlight will utilize the existing utility facilities of Consumers Energy Company for installation of this new system; and

WHEREAS, in exchange for the authorization to use the public rights-of-way, Norlight agrees to pay the City a certain amount per lineal foot of installation and an additional fee if it becomes necessary to cut into or excavate any portion of a public right-of-way; and

WHEREAS, the City Council has decided it is in the best interest of the City and its citizens to permit Norlight to own and operate a telecommunications system in the City under the attached Telecommunications License Agreement; now therefore

RESOLVED, that the attached Telecommunications License Agreement is hereby adopted by the City of Midland; and

FURTHER RESOLVED, that the Mayor and the City Clerk are authorized to execute the attached Agreement. (Motion adopted.)

Artwalk Celebration Food Court The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the request received from the Artwalk Committee to have a food court on the corners of Townsend and Main and Rodd and Main on the public right of way during the evening of Friday, August 27, 1999, as part of the Artwalk Celebration, is hereby approved subject to the following requirements:

The placement of tables, equipment, etc. on the corner of the Riverside Place Apartments property must be coordinated with either Al Kiley or Ted Minkin of Riverside Place.

Food vendors must comply with Department of Health requirements and may not serve alcoholic beverages outside their establishment unless licensed to do so.

The areas used for the food courts must be thoroughly cleaned up after the event.

There must be a minimum of three feet of unobstructed space around any fire hydrant.

Five picnic tables will be placed in the recessed parking area near the corner of Townsend and Main. The organizers will need to move them into position.

(Motion adopted.)

 

 

Motorcyclist Rights Procession and Rally – Amplified Sound The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that the request from Scott Kuehne to conduct a Motorcyclist Rights Procession and Rally on Saturday, September 11, 1999, beginning at 12:00 p.m. is hereby approved subject to the following conditions:

A Police Department patrol unit will lead and follow up the procession.

Participants must adhere to the traffic code.

If emergency vehicles need to access areas on or near the route of the procession, the participants must move out of the way and let the vehicles proceed to the emergency scene.

Participants must adhere to Section 16-29 of the Code of Ordinances which forbids the sounding of any horn in a vehicle except when reasonably necessary to prevent accidents.

(Motion adopted.)

98-99 DDA Budget Amendment The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, September 13, 1999, at 7:00 p.m. in the Council Chambers, City Hall, to consider amending the 1998-1999 Downtown Development Authority Budget for the purpose of adding additional revenues in the amount of $100,000.00 and adding to the Capital Expenditures (Facade Assistance) by a like amount. (Motion adopted.)

 

Being no further business the meeting adjourned at 9:31 p.m.

 

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Sandy Marshall, Deputy City Clerk