May 8, 2000

 

A regular meeting of the City Council was held on Monday, May 8, 2000, 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, Hollis McKeag, Marty Wazbinski

Councilmen absent:

None

Vacant:

Fourth Ward

 

Minutes

Approval of the minutes of the April 24, 2000 special and regular and April 26, 2000 special meetings was offered by Councilman Wazbinski and seconded by Councilman Coppage.  (Motion adopted.)

 

Truth in Taxation Requirements

Prior to the public hearing on the 2000-01 proposed budget, Robert Fisher, Director of Fiscal Services, reviewed the Truth In Taxation requirements.

 

Proposed 2000-01 Budget Public Hearing

A public hearing on the 2000-01 City of Midland Proposed Budget was opened at 7:10 p.m., no comments were made, the hearing closed at 7:11 p.m.

 

2000-01 Proposed Community Development Block Grant Budget

James Schroeder, Director of Planning and Community Development, presented information regarding the 2000-01 Proposed Community Development Block Grant Budget.  A public hearing was opened at 7:30 p.m., no comments were made, the hearing closed at 7:31 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland will receive $330,000 in Community Development Block Grant funds for fiscal year 2000-2001; and

WHEREAS, there are additional funds remaining from previous years and program income in the amount of approximately $379,870; and

WHEREAS, a public hearing was held by the City Council on May 8, 2000, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 2000-2001 Community Development Block Grant Program, as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2000-2001 budget, as set forth in the attached table, for the proposed use of funds for the Community Development Block Grant Program.  (Motion adopted.)

 

W & W Tool & Die, Inc. Industrial Development District

Roger Elbers, Acting City Assessor, presented material on the establishment of an Industrial Development District for W & W Tool & Die, Inc.  A public hearing was opened at 7:34 p.m.  Cleve Pomranky, Manager of W & W Tool & Die, Inc., briefly commented on the type of product produced by W & W Tool & Die, Inc.  Christine Greve, representing the Midland Economic Development Council, spoke in support of the request.  The hearing closed at 7:40 p.m.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, Dennis Duford, as owner of the property located at E. Grove and Third Street in the City of Midland, on March 20, 2000, requested it be designated an Industrial Development District with the proposed district being described as follows:

Beginning in the Easterly corner of block 123 Larkins Addition then Southwesterly 426 feet to the Southerly corner of lot 3 block 122 Larkins Addition then Northwesterly 120 feet to the Westerly corner of said lot 3 then Northeasterly 186 feet to the Southerly corner of lot 8 block 123 Larkins Addition then Northwesterly 120 feet to the Westerly corner of said lot 8 then Northeasterly 240 feet to the Northerly corner of Lot 5 block 123 Larkins Addition then Southeasterly 240 ft to point of beginning Section 21 Town 14 North Range 2 East

; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on May 8, 2000, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of Dennis Duford for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the W & W Tool & Die, Inc. Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion adopted.)

 

Expanded McKay Industrial Development District No. 1

Roger Elbers, Acting City Assessor, presented material on the expansion of the McKay Industrial Development District No. 1 for McKay Press, Inc.  A public hearing was opened at 7:45 p.m.  Robert Smith, Controller for McKay Press, Inc., briefly reviewed the proposed expansion.  Christine Greve, representing the Midland Economic Development Council, spoke in support of the request.  The hearing closed at 7:47 p.m.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the City Council on its own initiative, having received a letter for a proposed facility from the McKay Press, Inc. for the property located at E. Ellsworth and State Street in the City of Midland, requesting the McKay Industrial Development District No. 1 be expanded with the proposed expanded district being described as follows:

All of block 47 Larkins Addition; and all of block 47 Original Plat of Midland except       lot 4, the northeast 100 feet of lot 3 and beginning at the east corner of lot 3, southeast 10 feet, southwest 58 feet, southerly 22.1 feet, southwest to a point 20 feet northeast of southwest lot line, northwest 19 feet, northeast 100 feet to beginning.  Together with the northeast 33 feet of vacated Larkin Street adjacent to block 47 Larkins Addition and black 47 Original Plat of Midland.

; and

WHEREAS, the request for the establishment of the proposed expanded district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed expanded Industrial Development District and has held a public hearing on May 8, 2000, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the establishment of this expanded Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the Expanded McKay Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Establishing Theis Park as a City Park – Ordinance 1st Reading

James Branson, City Attorney, presented information on a proposed ordinance that would establish Theis Park as a City park.  Introduction and first reading of the following ordinance was then offered by Councilman Coppage and seconded by Councilman McKeag:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 17-81 OF ARTICLE II OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.        Section 17-82 is hereby added to Article II to read as follows:

            Section 17-82.  Theis Park established.

                        The following described area is hereby established as Theis Park:

Hillside Park lying within the recorded Plat of Hillside, part of the Southwest ¼ of Section 15, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan. 

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

 

Sale of C.H.O.I.C.E. House at 304 Bradley Road

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 304 Bradley Road in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated April 20, 2000, was submitted by Karen Mitton, in the amount of the appraised value of $83,500.00, plus the value of selected appliances; and

WHEREAS, the purchaser will obtain a conventional mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a second mortgage will be recorded but deferred by the City of Midland in the amount of $17,693.00 to provide down payment assistance; and

WHEREAS, a third mortgage in the amount of $5,000.00 will be recorded but forgiven at a rate of 20 percent per year over five years; now therefore

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion adopted.)

 

Site Plan No. 190 – Gatehouse Manor

James Schroeder, Director of Planning and Community Development, presented information to Council on Site Plan No. 190 for Gatehouse Manor.  Matt Rapanos, representing Triton Builders, briefly reviewed the project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 190, the request of Matt Rapanos of Triton Builders for site plan review and approval of Gatehouse Manor, a site condominium of six residential building sites on 1.44 acres on the south side of East Wackerly Street east of Jefferson Avenue; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 190, 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. 190, in accord with the drawing dated April 4, 2000.  (Motion adopted.)

 

Designating Trailridge Drive as a Public Street

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, Trailridge Drive from Heritage Court to the east line of Foxfire Subdivision No. 1 in Section 1, T14N, R1E, City of Midland, Michigan has been acquired by the City for street purposes; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said street within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said street is located within public right-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby designates Trailridge Drive from Heritage Court to the east line of Foxfire Subdivision No. 1 as a public street in the City of Midland Local Street System for public street purposes; and

RESOLVED FURTHER, that within thirty (30) days hereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds.  (Motion adopted.)

 

Financial Grant for Digital Camera for Police Department Patrol Unit

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, the City of Midland Police Department Patrol Unit has a need for a digital camera in order to assist in criminal investigations; and

WHEREAS, Target Stores has awarded an $850.00 grant to the Midland Police Department for the purchase of a digital camera in order to assist the Patrol Unit with their investigations; now therefore

RESOLVED, that the City of Midland graciously accepts the grant from Target Stores; and

RESOLVED FURTHER, that the City Administration is hereby authorized to allow the Midland Police Department to purchase the digital camera.  (Motion adopted.)

 

Application for a Corporate MasterCard

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, Public Act 266 of 1995 permits units of local government in Michigan to enter into a credit card arrangement and to use credit cards for business purposes; and

WHEREAS, limited use of credit cards to purchase goods and services for business purposes would result in certain efficiencies for the City of Midland; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to sign and submit an application to MBNA America Bank for a corporate MasterCard; and

RESOLVED FURTHER, that the attached Policy Regarding Credit Card Transactions is hereby approved and adopted for purposes of administration of the use of said credit cards.  (Motion adopted.)

 

2000 US-10BR/M-20 Joint Repairs; Contract No. 18

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, the Michigan Department of Transportation has agreed to reimburse the City of Midland for costs incurred for joint repairs on US-10BR / M-20 limited access highway between US-10 and Saginaw Road in an amount not to exceed $330,000; and

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for said joint repairs; and

WHEREAS, Michigan Department of Transportation Form 426, Quotation Request for Services or Equipment, must be executed by both the contractor and the City of Midland prior to MDOT Administrative Board approval for this work; now therefore

RESOLVED, that the low sealed proposal submitted by Kelcris Corporation of Williamston, Michigan, for the "2000 US-10BR / M-20 Joint Repairs; Contract No. 18", in the indicated amount of $284,729.50, 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 subject to the approval of the MDOT Administrative Board; and

RESOLVED FURTHER, that the City Manager is hereby authorized to execute MDOT Form 426 in the amount of  $284,729.50; and

RESOLVED FURTHER, that the City Manager has authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Liquid Calcium Chloride - Purchase

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing approximately 15,000 gallons of 30% liquid calcium chloride and approximately 60,000 gallons of 38% liquid calcium chloride for a one year period; and

WHEREAS, funding for the purchase of these materials, which are used for snow, ice and dust control, have been provided in various Major and Local Street Fund budgets; now therefore

RESOLVED, that the single sealed proposal meeting City specifications submitted by Liquid Calcium Chloride Sales, Inc. of Kawkawlin, Michigan of $0.223 per gallon for furnishing the 30% liquid calcium chloride and $0.306 per gallon for furnishing the 38% liquid calcium chloride, both from the Bay City terminal, is hereby accepted; and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and City specifications not to exceed budgeted sums for these purchases.  (Motion adopted.)

 

Sand - Purchase

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of sand; and

WHEREAS, funds have been provided in several FY 1999-00 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Chippewa Contracting, Inc. of Saginaw, Michigan for furnishing and loading onto city trucks at a Midland site, Class II sand at the unit cost of $2.00 per cubic yard is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Chippewa Contracting for furnishing and delivering Class II sand at the unit cost of $4.05 per cubic yard is hereby accepted and purchase orders authorized.  (Motion adopted.)

 

Concrete - Purchase

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, funds have been provided in several FY 1999-00 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Fisher Sand and Gravel, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their April 18, 2000 response to our Bid No. 2376 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, the Director of Public Services may decide to make purchases from the alternate vendor, Allied Concrete Products, Inc. of Midland, Michigan in accordance with their bid of April 18, 2000.  (Motion adopted.)

 

Bituminous Material - Purchase

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Midland Contracting Company of Carrollton, Michigan for furnishing and paver applying approximately 250 tons of Bituminous Mixture #2 for street repair at a cost of $90.00 per ton is hereby accepted; and

RESOLVED FURTHER, that the low evaluated proposal meeting City specifications submitted by Valley Asphalt Company of Midland and Carrollton, Michigan for furnishing and loading onto City trucks, at a Midland site, approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $27.77 per ton F.O.B. supplier’s yard, is hereby accepted; and

RESOLVED FURTHER, that the single sealed proposal meeting City specifications submitted by Midland Contracting Company of Carrollton, Michigan for furnishing and loading onto City trucks approximately 250 tons of “Sylvax” for pothole patching at a cost of $49.36 per ton F.O.B. supplier’s yard in Carrollton, is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue purchase orders in accord with this resolution, the proposal selected and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder in each materials category.  (Motion adopted.)

 

Calcium Oxide - Purchase

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, sealed bids for the contract of Water Treatment Plant - Calcium Oxide, Bid No. 2381, for the period July 1, 2000 to June 30, 2001, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been requested in the 2000/2001 Water Fund Budget account  #591-8162-811.76-56 Chemicals; now therefore

RESOLVED, that the low sealed proposal submitted by Detroit Lime of Detroit, Michigan for the indicated price per ton of  $72.75 for up to 1,250 tons per year, at a total annual contract amount not to exceed $90,937.50, is hereby accepted and a purchase order is authorized.  (Motion adopted.)

 

Road Gravel, Crushed Limestone & Recycled Concrete Pavement - Purchase

The following resolution was offered by Councilman Wazbinski 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 road gravel, crushed limestone and recycled concrete pavement; and

WHEREAS, funds have been provided in several FY 1999-00 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting city specifications submitted by Briggs Contracting of Sanford, Michigan for furnishing and loading onto city trucks 22A road gravel at the unit price of $8.00 per ton, furnishing and loading onto city trucks recycled concrete at $5.75 per ton, and furnishing and delivering recycled concrete at the unit price of $7.00 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the sealed proposal yielding the lowest cost to the city after adjusting for travel cost, submitted by Briggs Contracting of Sanford, Michigan, for furnishing and loading onto city trucks 22A crushed limestone at a unit cost of $9.50 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting city specifications submitted by Chippewa Contracting of Saginaw, Michigan for furnishing and delivering 22A road gravel at the unit cost of $7.13 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting city specifications submitted by Bay Aggregate, Inc. of Bay City, Michigan for furnishing and delivering 22A crushed limestone at the unit cost of $8.50 per ton is hereby accepted and purchase orders authorized.  (Motion adopted.)

 

Show Cause Hearing for Abatement of Dangerous Building at 309 E. Grove Street

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, a vacant building located at 309 E. Grove Street, Midland, Michigan, has been deemed dangerous and unsafe as defined in Chapter 5 BUILDINGS AND BUILDING REGULATIONS, of the Code of Ordinances of the City of Midland, specifically Section 5-26, by the Hearings Officer appointed by the City Council; and

WHEREAS, the Hearings Officer Finding of Fact and Order has been delivered by certified mail, return receipt requested, as prescribed in Section 5-26 of the Code of Ordinances of the City of Midland, to owner of said property; and

WHEREAS, the prescribed time period stated in said mailed notice requiring the owner’s compliance in abating this dangerous and unsafe building by repair or demolition has expired, and no action has occurred; and

WHEREAS, a prescribed process is established in Section 5-26 of the Code of Ordinances of the City of Midland for the City Council to act should the owner of said property neglect to comply with the Finding of Fact and Order; now therefore

RESOLVED, that the City Council hereby sets a Public Hearing to be conducted during the regular City Council Meeting of May 15, 2000 to review the Finding of Fact and Order, and for the owner of said property to show cause why the building should not be demolished.  (Motion adopted.)

 

Being no further business the meeting adjourned at 7:55 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk