July 17, 2000

 

A regular meeting of the City Council was held on Monday, July 17, 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.

 

Council members present:

Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the June 26, 2000 special and regular meetings was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

Vacation of Ox-Bow Drive

James Schroeder, Director of Planning and Community Development, presented information on the request to vacate Ox-Bow Drive south of Isabella Street (M-20).  A public hearing opened at 7:08 p.m., no comments were made, the hearing closed at 7:09 p.m.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the Midland City Council, acting on the request of Nancy Holt and Donald Sias to vacate Ox-Bow Drive south of Isabella Street (M-20), within Ox-Bow Farm Plat No. 1, as recorded in Liber C, Page 33 of Plats, Midland County Records, referred the matter to the City Engineer, the Planning Commission, the Director of Utilities and the Director of Public Services for review and recommendation; and

WHEREAS, a report has been received from the Planning Commission recommending approval of the street vacation; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the street vacation; and

WHEREAS, a report has been received from the Director of Utilities indicating no objection to the street vacation; and

WHEREAS, a public hearing was held on July 17, 2000, to hear comments from interested parties; and

WHEREAS, it is hereby determined that such proposed action will not adversely affect the health, welfare, comfort, and safety of the people of the City of Midland, and is an action in the public interest; now therefore

RESOLVED, that Ox-Bow Drive south of Isabella Street, within Ox-Bow Farm Plat No. 1, as recorded in Liber C, Page 33 of Plats, Midland County Records, be and the same is hereby vacated, discontinued, and abolished; and

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

 

Zoning Petition No. 456

James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 456 – zoning property on Joseph Drive east of Jefferson and north of the soccer fields.  A public hearing opened at 7:45 p.m.  Mark Maddox, 5820 Eastman, spoke on behalf of F/A Pnacek and the Pnacek family to amend their zoning request to Residential A-3.  Velma Holguin, Center for Independent Living, 1206 James Savage, and Tom McCann, 3310 Jefferson, spoke in support of the zoning request.  Mike Pnacek, 2661 Blackhurst, spoke in support of the zoning request and read a letter from Pat Pnacek in support of the zoning request.  Terry Blalock, Midland Soccer Club Vice President of Operations, 606 Cherry, spoke in opposition to the high-density zoning.  Diane Papa, 3637 Oakbrook, read letters from Bill and Sue Monroe, 3642 Oakbrook, and Mike Papa, both in opposition to the zoning request.  Dan Erwin, 3656 Oakbrook; Fred Schuchman, 3558 Oakbrook; Jim Helwick, 3628 Oakbrook; Robert Morehouse, 3572 Oakbrook; presented letters to Council and spoke in opposition of the zoning request.  Steven Graham, 3657 Oakbrook; Michael Laursen, 3653 Oakbrook; and John Rapanos, 1012 W. Sugnet; spoke in opposition to the zoning request.  Mike Lerner, Royal Castle Development, Miami, Florida, spoke on future plans.  The hearing closed at 9:23 p.m.  The original ordinance amendment was offered by Council Member Wazbinski and seconded by Council Member Coppage.  After a discussion, the following amended ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1481

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE 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 Southeast corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1318.01 feet along the West Section line to the South 1/8 line and the Point of Beginning; thence East along said 1/8 line 300 feet; thence North to the Center line of Joseph Drive; thence West along said Center line to the West Section line; thence South along said West Section line 329.56 feet to the Point of Beginning; and

That property described as:  Commencing at the Southwest corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1647.57 feet along the West Section line to the Point of Beginning; thence North along said Section line 330.24 feet, to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4; thence East along said South line 300.00 feet; thence South to the Center line of Joseph Drive; thence West along said Center line to the West Section line and the Point of Beginning,

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

That property described as: Commencing at the Southwest corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1318.01 feet along the West Section line to the South 1/8 line; thence East 300 feet along said 1/8 line to the Point of Beginning; thence North to the Center line of Joseph Drive; thence along said Center line to the North/South 1/4 line; thence South along the North/South 1/4 line 426.39 feet to the South 1/8 line; thence West along the South 1/8 line 2348.52 feet to the Point of Beginning;

be, and the same is hereby changed to a Residential A-4 District; and

That property described as: Commencing at the Southwest corner of Section 34, T15N, R2W, City of Midland, Midland County, Michigan; thence North 1977.81 feet along the West Section line to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4; thence East along said line 300 feet to the Point of Beginning; thence South to the Center line of Joseph Drive; thence East along said Center line to the North/South 1/4 line; thence North along said 1/4 line 232.40 feet to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4; thence West  along said South line 2352.33 feet to the Point of Beginning,

be, and the same is hereby changed to a Residential A-3 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.  Yeas:  Black, Currie, McKeag, Wazbinski    Nays:  Coppage)

 

Zoning Petition No. 459

James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 459 – rezoning property on the south side of Universal Drive east of Dublin Avenue.  A public hearing opened at 10:36 p.m., Matt Rapanos, 925 E. Wheeler, spoke in support of the rezoning.  The hearing closed at 10:37 p.m.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1482

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 BUSINESS B-1 ZONING CLASSIFICATION WHERE BUSINESS B-2 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:  Lot 8 of Hedgewood Subdivision,

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

 

Conceptual Design Changes – Sanitary Sewer Improvements

Brian McManus, City Engineer, presented an overview of the Value Engineering Report received from Rama Rao & Alfred, Inc.  A public hearing opened at 10:48 p.m.  Bill Fagley, 2700 Glendale, voiced his concerns with the Value Engineers Report dated June 12, 2000.  Larry Pillepich, 3602 McKeith, voiced his concerns for the Swede Road sewer and the size of the Saginaw Road force main.  Rama Rao, from Rama Rao & Alfred, Inc. and Noel Bush, Director of Utilities, responded to the concerns of Mr. Fagley and Mr. Pillepich.  The hearing closed at 11:12 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the consulting engineering firm, Hubbell Roth & Clark (HRC) completed a Phase III conceptual design for sanitary sewer improvements, which were subsequently approved by City voters in February of 2000; and

WHEREAS, the City of Midland retained the services of Rama Rao & Alfred, Inc. of Detroit, Michigan to provide value engineering services for the sanitary sewer improvements; and

WHEREAS, the City retained the services of Ayres Lewis Norris & May, Inc. of Ann Arbor, Michigan to provide the Design Engineering for the sanitary sewer improvements; and

WHEREAS, the City Staff and the City's project design engineers, Ayres Lewis Norris & May have reviewed these changes and recommend that the City Council accept them; and

WHEREAS, the City Council wishes to receive public comments concerning these recommended changes prior to authorizing the design engineers to proceed with the Basis of Design and Final Design Engineering; and

WHEREAS, on June 26, 2000 a public hearing was scheduled for 7:00 p.m., July 17, 2000 to receive public comment on the recommendations submitted by the Value Engineers’ Report concerning sanitary sewer improvements to be made in the City of Midland; now therefore

RESOLVED, that the City Council has considered and accepts the recommendations made by Rama Rao & Alfred, Inc., and authorizes Ayres Lewis Norris & May to proceed with the Basis of Design and Final Design Engineering and consider the proposed value engineering recommendations during said final basis of design.  (Motion adopted.)

 

Land Transfer – Midland County Council on Aging

James Schroeder, Director of Planning and Community Development, presented information on a request from Midland County Council on Aging for the transfer of land on the southeast corner of Dublin Avenue and North Saginaw Road.  A public hearing opened at 11:16 p.m.  Bill Kennett, 4209 Arbor and Pete Conarty, 2411 Brookfield, spoke in support of the City leasing the land to the Midland County Council on Aging.   The hearing closed at 11:18 p.m.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland has received a request from the Midland County Council on Aging (MCCA) to transfer excess property the City owns on Dublin and Saginaw Roads to the MCCA for a new consolidated service center; and

WHEREAS, the City Council desires to support this project that will assist in the provision of public services to the elderly in the City and County of Midland; and

WHEREAS, the City Council has received a report recommending the process through which such a conveyance could be made; now therefore

RESOLVED, that the City Manager and City Attorney are hereby authorized and directed to undertake negotiations with the MCCA to lease this property for one dollar; and

RESOLVED FURTHER, that the City Attorney be authorized and directed to prepare the necessary documents for approval by the MCCA and the City Council.  (Motion adopted.)

 

Zoning Petition No. 460

James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 460 – rezoning property on the east side of Dublin Avenue south of the Rail-Trail.  A public hearing opened at 11:26 p.m.   David Pugsley, 4500 Dublin; Lynn Field, 4512 Dublin; and Tom McCann, 3310 Jefferson Avenue, spoke in opposition to the rezoning.  The public hearing closed at 11:42 p.m.  The resolution to postpone action on Zoning Petition No. 460 was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

RESOLVED, that a public hearing was held on Monday, July 17, 2000 for the purpose of considering Zoning Petition No. 460 – rezoning property on the east side of Dublin Avenue south of the Rail Trail; and

RESOLVED FURTHER, that action on Zoning Petition No. 460 is hereby postponed until Monday, July 24, 2000, at 7:00 p.m.  (Motion adopted.)

 

PUBLIC COMMENTS - Wastewater Pump Stations Color & Replacement Trees

William Johnson, 3545 E. Ashman, voiced his concern about the color of the wastewater pump stations and the replanting of trees near the Waldo and E. Ashman pump station.  Noel Bush, Director of Utilities, responded to his concerns.

 

2000 Sidewalk Improvement Program Sidewalk Construction Agreements

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag: 

 

WHEREAS, On June 12, 2000, City Council granted property owners in the 2000 Sidewalk Improvement Program the option of installing their own sidewalks upon submission of a legal agreement acceptable to the City Attorney; and

WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement to be used for said purpose and which states that the sidewalk must be constructed by no later than August 31, 2000; and

WHEREAS, the City Engineering Department has received four (4) Sidewalk Construction Agreements from property owners desiring to install their own walk and listed below:

PARCEL CODE

OWNER

 

 

14-15-40-284

STEVEN N. RAPANOS

 

14-06-50-130

AMERICAN LEGION

 

14-05-50-424

WAYNE HALL

 

14-18-96-004

TOM MCLAND CO.

; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign the four (4) Sidewalk Construction Agreements prepared by the City Attorney for parcels in the 2000 Sidewalk Improvement Program.  (Motion adopted.)

 

Liquor License – Midland Country Club

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the request from Midland Country Club, located at 1120 W. St. Andrews, Midland, MI  48640, Midland County for a new entertainment permit to be held in conjunction with 1999 Club licensed business with dance permit.

Be considered for approval.

It is the consensus of this legislative body that the application be:

Recommended for issuance.  (Motion adopted.)  

Affidavits of interest were filed by Council Members Black, Coppage and Currie.

 

City of Midland Flexible Spending Account Amendment

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the undersigned certifies that attached hereto are true copies of Amendment Number Two to the City of Midland Flexible Spending Account and Summary Plan Description – Material Modifications, now therefore

RESOLVED, that Amendment Number Two to the City of Midland Flexible Spending Account effective January 1, 2000, presented to this meeting is hereby approved and adopted and that the proper agents of the City are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment; and

RESOLVED FURTHER, that the proper agents of the City shall act as soon as possible to notify employees of the City of the adoption of this Amendment Number Two to the City of Midland Flexible Spending Account by delivering to each employee a copy of the summary description of the changes to the Plan in the form of the Summary Plan Description – Material Modification presented to this meeting, which form is hereby approved.  (Motion adopted.)

 


Designation of Delegates – MML Annual Business Meeting

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that R. Drummond Black, Mayor, is designated as a voting delegate and Marty A. Wazbinski, Mayor Pro Tem, is designated as an alternate voting delegate from the City of Midland to the September 28, 2000, business session of the Annual Business Meeting of the Michigan Municipal League.  (Motion adopted.)

 

Sale of C.H.O.I.C.E. House – 303 Bradley Court

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 303 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated July 7, 2000, was submitted by Paul G. Hite and Kimberly A. Hite, husband and wife, in the amount of the appraised value of $77,000.00, 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 $13,250.00 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.)

 

Sale of C.H.O.I.C.E. House – 307 Bradley Court

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 307 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated June 30, 2000, was submitted by Teresa L. Sanderson, in the amount of the appraised value of $75,500.00, 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 $12,875.00 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.)

 

Request to Waive Sidewalk Requirements – Airport Road (Winterberry Place)

James Schroeder, Director of Planning and Community Development, presented information on the request to waive the requirement for sidewalk along Airport Road.  No action was taken.

 

Change Order – Plymouth Elevated Water Tank Painting Contract

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, on September 20, 1999, City Council authorized a contract with Dixon Engineering and Inspection Services of Lake Odessa, Michigan, for professional services relating to the painting of the Plymouth elevated water tank, in accord with Section 2-19 of the Code of Ordinances; and

WHEREAS, the painting project was delayed two weeks due to unsuitable weather conditions and uncontrollable events, resulting in additional on-site inspections by Dixon; and

WHEREAS, the painting project is now complete and staff requests a change order to the original purchase order of $36,837 in the amount of $2,029.50, bringing the total and final contract amount to $38,866.50; and

WHEREAS, these funds are available in the Fiscal 2001 Water Fund budget account #591-8284-821.93-53 Elevated Tank Maintenance; now therefore

RESOLVED, that the City Manager is authorized to execute the change order to the contract with Dixon Engineering and Inspection Services to bring the total amount of the purchase order to $38,866.50.  (Motion adopted.)

 

Purchase – Personal Computer Hardware and Software

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, sealed bids have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Personal Computer hardware and software; and

WHEREAS, funds have been budgeted in the 2000-2001 Information Services Investment in Assets budget for Personal Computer hardware and software purchases; now therefore

RESOLVED, that the City Council hereby accepts the sealed bids meeting the City’s specifications submitted by Innovative Technologies of Saginaw, Michigan in the amount of $107,315.30 for Personal Computer hardware and software, Solutions Plus, Inc. of Freeland, Michigan which total $8,604.00 for Personal Computer software, and Dictating Machine Service of Saginaw, Michigan which total $6,384.00 for Personal Computer hardware and authorizes purchase orders to be issued.  (Motion adopted.)

 

Occupational Health Nurse Services

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland has designated the MidMichigan Urgent Care Center as its primary medical care facility for occupational health services; and

WHEREAS, the City has purchased occupational health nursing services from the Center since 1992; and

WHEREAS, it is recommended by the Human Resources staff to continue this relationship due to its positive impact on controlling Workers Compensation costs; and

WHEREAS, these services are deemed to be professional services in accordance with Section 2-19 of the Code of Ordinances, and do not require a competitive bid process; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to approve the purchase order to the MidMichigan Urgent Care Center for the services of an occupational health nurse at the rate of $29/hour for a maximum of 832 hours or $24,130 for fiscal year 2000-01.  (Motion adopted.)

 


Barstow Airport Taxiway 6-24 Pavement Rehabilitation – MDOT Contract

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, a proposed Contract No. 2000-0727 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction Taxiway 6-24 at Barstow Airport; and

WHEREAS, the total estimated cost of the project is $195,000 and a block grant from the Federal Aviation Administration (FAA) is providing 90% ($175,000) and the Michigan Department of Transportation (MDOT) is providing 5% ($9,750) and the City of Midland General Fund is providing 5% ($9,750); and

WHEREAS, the City of Midland is desirous of having said Taxiway 6-24 reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2000-0727 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 

2000 Columbia & Linwood Water Main Replacement and Street Reconstruction

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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 water mains and reconstruction and resurfacing of all of Columbia and Linwood Streets; and

WHEREAS, funding for this project is provided by the Local Street Fund and Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2000 Columbia & Linwood Water Main Replacement and Street Reconstruction; Contract No. 7", in the indicated amount of $217,380.00, 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 change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Purchase – Two Single Axle Dump Trucks

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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 two new single axle dump trucks with underbody blades and salt spreaders, Bid No. 2393; and

WHEREAS, funding for the new trucks in the amount of $134,000 is included in the 2000-2001 Equipment Revolving Fund budget for Capital Outlay, “Vehicles”; 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 $111,186.52, including add-in options and trade-in of city equipment numbers 3-67 and 3-68, in accordance with the proposal and city specifications.  (Motion adopted.)

 


Purchase – Articulated 4-Wheel Drive Vehicle

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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 an articulated 4-wheel drive vehicle for sidewalk use, Bid No. 2394; and

WHEREAS, funding for the new vehicle in the amount of $55,000 is included in the 2000-2001 Equipment Revolving Fund budget for Capital Outlay, “Vehicles”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bell Equipment of Lake Orion, Michigan in the net amount of $49,870.00, including attachments and trade-in of city equipment number 4-42, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Two Tandem Axle Dump Trucks

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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 two new tandem axle dump trucks with underbody scraper and front plow hitch, Bid No. 2391; and

WHEREAS, funding for the new trucks in the amount of $150,000 is included in the 2000-2001 Equipment Revolving Fund budget for Capital Outlay, “Vehicles”; 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 $121,061.30, including an add-in option and trade-in of city equipment numbers 3-48 and 3-69, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Chemicals, Fertilizer and Grass Seed – Currie Golf Course

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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 golf course chemicals, fertilizer and grass seed, Bid No. 2400; and

WHEREAS, funding for these golf course supplies is included in the 2000-2001 Golf Course Fund budget under “Horticultural Supplies”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Turfgrass, Inc. of South Lyon, Michigan in the amount of $52,270.80 for chemicals, fertilizer and grass seed in accordance with the proposal and city specifications.  (Motion adopted.)

 

Soil Compactor Rental Extension - Landfill

Noel Bush, Director of Utilities, presented information on the soil compactor rental extension for the landfill.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, on August 4, 1998, sealed proposals were received for a two-year rental of a soil compactor to be used at the City of Midland Sanitary Landfill and awarded to Michigan Cat of Saginaw, Michigan at a rate of $1,984 per month; and

WHEREAS, the two-year lease agreement ends August 2000, while there still exists a need for the compactor for an additional three months to assist in the completion of the Cell 1-13 capping project; and

WHEREAS, funding is available in the Landfill capping project account #402-9010-902.94-11; now therefore

RESOLVED, that competitive bids are deemed impractical and the bid process is waived, in accord with Section 2-18 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that a purchase order be authorized to Michigan Cat in an amount not to exceed $5,952 for three months rental of such unit at $1,984 per month.  (Motion adopted.)

 

Dozer Rental Extension - Landfill

Noel Bush, Director of Utilities, presented information on the dozer rental extension for the Landfill.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, on April 4, 2000, sealed proposals were received for the month-to-month rental of one track type dozer to be used at the City of Midland Sanitary Landfill, and was awarded to A I S Rental Corporation of Saginaw, Michigan at rate of $6,500 per month; and

WHEREAS, the rental agreement for this equipment was expected to end after three months and there still exists a need for the dozer for an additional three months to assist in the completion of the Cell 1-13 capping project; and

WHEREAS, funding is available in the Landfill capping project fund account #402-9010-902.94-11; now therefore

RESOLVED, that competitive bids are deemed impractical and the bid process is waived, in accord with Section 2-18 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that a purchase order be authorized to A I S Rental Corporation in an amount not to exceed $19,500 for three months of rental of such unit at $6,500 per month.  (Motion adopted.)

 

Tractor with Scrapers Rental Extension - Landfill

Noel Bush, Director of Utilities, presented information on the tractor with scrapers rental extension for the landfill.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, on August 4, 1998, sealed proposals were received for a two-year rental of one tractor with two scrapers at the City of Midland Sanitary Landfill and awarded to Heritage Equipment of Clare, Michigan at a rate of $8,984.07 per month; and

WHEREAS, the two-year lease agreement ends August 2000, while there still exists a need for the agricultural tractor package for an additional three months to complete the Cell 1-13 capping project; and

WHEREAS, funding is available in the Landfill capping project fund account #402-9010-902.94-11; now therefore

RESOLVED FURTHER, that a purchase order be authorized to Heritage Equipment in an amount not to exceed $26,952.21 for three months of rental of such unit at $8,984.07 per month.  (Motion adopted.)

 

2000 Lee Sanitary Sewer Improvement Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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

                  LEE STREET       from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

; and

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

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

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

     “2000 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

                  LEE STREET       from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

Lots 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of Adams Acres Subdivision No. 1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is thirty-one thousand dollars ($31,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be nine thousand six hundred sixty and 08/100 dollars ($9,660.08) and that all other costs and expenses of said improvement amounting to twenty-one thousand three hundred thirty-nine and 92/100 dollars ($21,339.92) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 14, 2000 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

2000 Lee Water Main Improvement Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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

                  LEE STREET       from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

;and

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

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

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

     “2000 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

                  LEE STREET       from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

Lots 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of Adams Acres Subdivision No. 1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is fourteen thousand dollars ($14,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be one thousand one hundred thirty-nine and 30/100 dollars ($1,139.30) and that all other costs and expenses of said improvement amounting to twelve thousand eight hundred sixty and 70/100 dollars ($12,860.70) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 14, 2000 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

2000 Lee Street Improvement Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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

                  LEE STREET       from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

; and

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

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

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

   “2000 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

                  LEE STREET       from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

Lots 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of Adams Acres Subdivision No. 1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base, underdrains and an all weather surface, and that the total estimated cost and expense thereof is sixty-one thousand five hundred dollars ($61,500.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be eight thousand one hundred four and 56/100 dollars ($8,104.56) and that all other costs and expenses of said improvement amounting to fifty-three thousand three hundred ninety-five and 44/100 dollars ($53,395.44) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 14, 2000 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

2000 Patrick Sanitary Sewer Improvement Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

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

               PATRICK ROAD      from Waldo Avenue to 600 feet east then north on private property

; and

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

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

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

     “2000 PATRICK SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

               PATRICK ROAD      from Waldo Avenue to 600 feet east then north on private property

Commencing at the Southwest corner of Section 13, T. 14 N., R. 2 E., City of Midland, Michigan; thence East 400 feet, along the South Section Line, to the Point of Beginning; thence North 653.4 feet; thence East 400 feet; thence South 653.4 feet; thence West 400 feet, along the South Section Line, to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is fifty-eight thousand four hundred dollars ($58,400.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be thirty-eight thousand five hundred seventy-three and 20/100 dollars ($38,573.20) and that all other costs and expenses of said improvement amounting to nineteen thousand eight hundred twenty-six and 80/100 dollars ($19,826.80) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

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

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, August 14, 2000 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

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

 

2000 Sidewalk Improvement Program Special Assessment Roll

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2000 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the fourteenth day of August, 2000, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the fourteenth day of August, 2000, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

Zoning Petition No. 461

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 14, 2000, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

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

The City of Midland Ordains:

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

That property described as:  Beginning 100 feet North of the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of Section 24; thence North 485 feet, West 256.01 feet, South 485 feet, East 252.57 feet to the Point of Beginning,

be, and the same is hereby changed to a Residential B District.

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

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

 

NEW BUSINESS

Hollis McKeag stated his concerns about the size of campaign signs posted in the City.  Karl Tomion, City Manager, will direct staff to review the legal limitations for campaign signs.

 

Being no further business the meeting adjourned at 12:00 a.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk