August 28, 2000

 

A regular meeting of the City Council was held on Monday, August 28, 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 August 14, 2000 regular and August 21, 2000 special meetings was offered by Council Member Coppage and seconded by Council Member McKeag.  (Motion adopted.)

 

Note:  Agenda Item #10 – Temporary Ice Rink

Agenda Item No. 10 was presented immediately following the consent agenda items but will be listed in the minutes in the order in which it appeared on the agenda.

 

US10/Bay City Road Interchange Detour Report

Selina Tisdale, Community Relations Coordinator, presented an update on the US-10/Bay City Road Interchange detour.  Bradd Maki, Assistant City Engineer, presented the proposed traffic restrictions for the duration of the detour.  Robert Milliman, 3401 Fuller, presented a petition requesting the installation of a temporary traffic light at Mark Twain and Waldo Avenue.

 

Sanitary & Storm Sewer Improvements Progress Report

Noel Bush, Director of Utilities, presented a report on the sanitary and storm sewer improvements.  Bill Fagley, 2700 Glendale, spoke regarding the priority list for the SRF funding.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

RESOLVED, that the City Council hereby receives and files the Utilities Project Summary Report.  (Motion adopted.)

 

Insurance Coverage & Liability for Sanitary Sewer Backups Report

Robert Fisher, Director of Fiscal Services, presented a staff report on insurance coverage and liability for sanitary sewer backups.  David DeWitt, 1401 Springfield, commended the City’s efforts to correct the sewer problems and questioned the reliability of information provided to the City on the effect of the Laser Color suit.  Jack Pulley, 2302 Cranbrook, spoke in support of a professional consultant and the need for personal injury coverage as well as property damage coverage.  Bill Bailey, 907 W. St. Andrews, stated he worked with Midland County in the conversion of their insurance and offered his assistance to the City.  Mike Beale, 3213 Lancaster, stated his concerns on the misinformation given the City by our insurance companies and stated the City should be pro-active in solving all sewer problems.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the staff report, dated August 24, 2000 regarding insurance coverage and liability for sanitary sewer backups is hereby received and ordered to be placed on file.  (Motion adopted.)

 

2000 Lee Sanitary Sewer, Water Main and Street Improvement Projects

Roger Elbers, Deputy City Assessor, presented information on the special assessment rolls for the 2000 Lee Sanitary Sewer Improvement, Water Main Improvement and Street Improvement Special Assessment Districts and requested Council consider postponing action on the assessment rolls until October 9, 2000.  The following three resolutions were then presented for consideration. 


 

2000 Lee Sanitary Sewer Improvement Special Assessment Roll

A public hearing was opened at 10:32 p.m.  Steve Rapanos, 925 E. Wheeler, representing A v Builders, Inc., supported the postponement of these items and would like to meet with staff to further discuss the matter.  The public hearing closed 10:38 p.m.  Council Member Wazbinski moved, seconded by Council Member Currie, the resolution approving the special assessment roll.  The following resolution postponing action was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that a public hearing was held on Monday, August 28, 2000 for the purpose of considering the proposed Special Assessment Roll for the “2000 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, and

RESOLVED FURTHER, that action on the Special Assessment Roll is hereby postponed until October 9, 2000, at 7:00 p.m.   (Motion adopted.)

 

2000 Lee Water Main Improvement Special Assessment Roll

A public hearing was opened at 10:39 p.m., no comments were made, the hearing closed at 10:40 p.m.  Council Member Wazbinski moved, seconded by Council Member McKeag, the resolution approving the special assessment roll.  The following resolution postponing action was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that a public hearing was held on Monday, August 28, 2000 for the purpose of considering the proposed Special Assessment Roll for the “2000 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, and

RESOLVED FURTHER, that action on the Special Assessment Roll is hereby postponed until October 9, 2000, at 7:00 p.m.  (Motion adopted.)

 

2000 Lee Street Improvement Special Assessment Roll

A public hearing was opened at 10:41 p.m., no comments were made, the hearing closed at 10:41 p.m.  Council Member Wazbinski moved, seconded by Council Member Currie, the resolution approving the special assessment roll.  The following resolution postponing action was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that a public hearing was held on Monday, August 28, 2000 for the purpose of considering the proposed Special Assessment Roll for the “2000 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, and

RESOLVED FURTHER, that action on the Special Assessment Roll is hereby postponed until October 9, 2000, at 7:00 p.m.   (Motion adopted.)

 

2000 Patrick Sanitary Sewer Improvement Special Assessment Roll

Roger Elbers, Deputy City Assessor, presented information on the special assessment roll for the 2000 Patrick Sanitary Sewer Improvement Special Assessment District.  A public hearing opened at 10:43 p.m., no comments were made, the hearing closed at 10:43 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "2000 PATRICK SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

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

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

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $19,826.80 and that the total estimated cost of said improvements is $58,400.00, and the City at large cost is $38,573.20; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2001, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

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

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

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

 

2000 Patrick Sanitary Sewer; Contract No. 11

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a sanitary sewer along Patrick Road from Waldo Avenue to 600 feet easterly then north 340 feet across private property; and

WHEREAS, funding for this project is provided by the Wastewater Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by CRS/Shaw Contracting of Kawkawlin, Michigan, for the "2000 Patrick Sanitary Sewer; Contract No. 11", in the indicated amount of $57,820.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

Grant Request for Funding – Clean Michigan Initiative Recreation Bond

Martin McGuire, Director of Public Services, presented information on steps taken leading to the grant request for funding through the Clean Michigan Initiative Recreation Bond.  A public hearing was opened at 10:50 p.m., no comments were made, the hearing closed at 10:50 p.m.   The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Parks and Recreation Commission has created a task force to study swimming issues in the community; and

WHEREAS, the task force has made a recommendation that state funding be sought to add a leisure component to Plymouth Park; and

WHEREAS, the Parks and Recreation Master Plan was amended on July 18, 2000 to reflect the recommendation; now therefore

RESOLVED, that the City Council hereby authorizes the staff to seek a grant request for funding of $348,750 from the Clean Michigan Initiative Recreation Bond.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Lease Agreement – Temporary Ice Rink

Martin McGuire, Director of Public Services, presented information on the proposed temporary third ice rink to be erected at the Midland Civic Arena and the proposed land lease with Fast Ice Inc.  Paul Wright, President of Fast Ice Inc., gave a presentation about Fast Ice Inc. and the request for a temporary sheet of ice.  Leroy Laeder, 1320 George and Richard McCreadie, 2700 Washington, spoke in opposition of the Midland Civic Arena as the location for the third sheet of ice.  Dottie Lingerman, 405 E. Nelson, spoke in opposition and presented a petition in opposition of the Midland Civic Arena as the location for the third sheet of ice.  Charles Hepenstal, 1317 North Parkway, spoke in opposition of the short timeframe used to introduce and act upon the temporary third sheet of ice.  John Schehl, 1507 Winchester; Jeff Cergnul, 2511 Rodd; John Inman, 616 Cronkright; and Ian O’Neil, 4032 Old Pine Trail; spoke in support of the Midland Civic Arena as the location for the third sheet of ice.  Greg Bradley, President of Midland Amateur Hockey League; Bill Bartlett, Treasurer of the Midland Figure Skating Club; Wayne Winslow, President of Midland Speed Skating Club; and Ian O’Neil, representing Girls Hockey League; spoke on the number of participants, the number on the waiting list, the hours of ice time used per week and the cost per season to participate in their respective clubs.  Jane Watkins, Past Treasurer of MAHL, spoke regarding the hockey scholarship program that is base on financial need.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the City Council hereby approves the attached land lease with Fast Ice Inc. for property adjacent to the Civic Arena contingent upon negotiation of an operating agreement with the City of Midland.  (Motion adopted.)

 

Final Plat of Foxfire Subdivision No. 1

Mark Ostgarden, City Planner, presented information on the final plat of Foxfire Subdivision No. 1, a residential subdivision located west of Dublin Avenue and South of West Wackerly Street.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Final Plat of Foxfire Subdivision No. 1 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council hereby approves the Final Plat of Foxfire Subdivision No. 1, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

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

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the said record plat on behalf of the City; and

RESOLVED FURTHER, that the City accepts the Deeds of Easement and Agreement for stormwater management facilities and for traffic islands related to this plat.  (Motion adopted.)

 

Patrick Road Widening – Forward Corporation

Brian McManus, City Engineer, presented information on the Patrick Road widening east of Saginaw Road for Forward Plaza and Burger King, the Easement Grant Agreement for Sidewalk and the Temporary Construction Easement Agreement from Hot ‘N Now.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, on January 31, 2000, City Council approved Site Plan No. 187 for the Forward gas station/C-store and Burger King with the condition that they finance the construction of an additional lane on Patrick Road to allow left turns into their new facility for east bound traffic on Patrick Road; and

WHEREAS, the City Engineering Department and Stan Cool, our traffic consultant have reviewed and approved construction plans prepared by Spicer Engineering for the construction of said additional lane; and

WHEREAS, the cost to install said lane is estimated to cost $65,000 and Forward Corporation has agreed to enter into an agreement to provide liability coverage and to provide the City with Performance and Payment Bonds for this amount to guarantee the completion of this work that is satisfactory to the City Attorney; and

WHEREAS, Forward Corporation has agreed to deposit the sum of $2,000 with the City Treasurer to guarantee future replacement of 200 feet of sidewalk to be removed from the Patrick Road frontage of the parcel owned by Hot-N-Now; and

WHEREAS, Forward Corporation will furnish $5,000 for construction inspection and surveying services to be provided by the City of Midland Engineering Department; now therefore

RESOLVED, that the City of Midland hereby authorizes Forward Corporation to install a traffic lane on the south side of Patrick Road from Saginaw Road to 500 feet easterly contingent upon entering into an agreement with the City of Midland to provide liability coverage and upon receipt of the required Performance and Payment Bonds on the City of Midland bond forms and $5,000 to cover Engineering services; and

RESOLVED FURTHER, that the City of Midland accepts Forward’s financial guarantee in the amount of $2,000 for future sidewalk replacement, to be deposited in a sidewalk escrow account in the General Fund, and the City Assessor is hereby directed to exclude said parcel from any future sidewalk special assessment districts during the period of time that the City holds said guarantee.  (Motion adopted.)

 

Easement Grant & Temporary Construction Easement Agreements – Hot ‘N Now

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

 

RESOLVED, that the attached Easement Grant Agreement for Sidewalk and Temporary Construction Easement Agreement from Hot ‘N Now to the City of Midland, for the widening of Patrick Road east of Saginaw Road, in Section 22, T. 14 N., R. 2 E., are hereby accepted and that the easements are ordered recorded.  (Motion adopted.)

 

Hazardous Warning Sign Agreement – Dow Corning Corporation

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

 

WHEREAS, The Dow Corning Corporation has agreed to furnish and install seven hazardous warning signs in the street right-of-way of Saginaw Road, Waldo Road, and Salzburg Road to warn motorists of chemical releases; and

WHEREAS, The Dow Corning Corporation has requested permission to activate said signs in the event of a hazardous chemical release; and

WHEREAS, The Dow Corning Corporation has agreed to provide maintenance funds for said signs as required; now therefore

RESOLVED, that the City Council hereby accepts the Hazardous Warning Sign Agreement and authorizes its execution by the Mayor and Deputy City Clerk.  (Motion adopted.)

 

Miscellaneous Utility Extensions; Contract No. 9 – Change Order No. 2

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

 

WHEREAS, on May 15, 2000, City Council awarded a contract to Johnston Contracting, Inc. of Midland, Michigan for the 2000 Miscellaneous Utility Extensions; Contract No. 19 for the extension and replacement of sewers and the extension of a water main at various locations throughout the City of Midland; and

WHEREAS, the sanitary sewer on Pine Street running west from Cronkright Street has been found to be in need of replacement; and

WHEREAS, the cost to replace said sewer is $15,877.00; and

WHEREAS, sufficient funding is available in the Wastewater Fund to cover this expenditure; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 2 to the 2000 Miscellaneous Utility Extensions; Contract No. 19, in the amount of $15,877.00.  (Motion adopted.)

 

Electric Franchise Agreement – DTE Energy Marketing, Inc.

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

 

WHEREAS, the City of Midland owns and controls public rights-of-way and easements and may grant permission for the use of such public rights-of-way to public utilities among other uses; and

WHEREAS, pursuant to Chapter 15 of the City of Midland Charter franchise agreements are permissible to be granted by the City of Midland for utility services within the rights-of-way; and

WHEREAS, DTE Energy Marketing, Inc. (“DTE”) has delivered to the City of Midland a letter as a formal application for a utility franchise to supply electricity to this community;  and

WHEREAS, an Electric Franchise Agreement has been prepared in accordance with standard municipality electric franchise agreements covering specific provisions relating to the obligations of the City of Midland and DTE; and

WHEREAS, the Electric Franchise Agreement also incorporates provisions under the City of Midland Charter Sections 15 and 16 wherein DTE shall be and remain subject to all ordinances, rules and regulations now in effect or which may be adopted; now therefore

RESOLVED, that the attached Electric Franchise Agreement between the City of Midland and DTE Energy Marketing, Inc. is hereby adopted by the City of Midland; and

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

 

Request for Assistance – MML Legal Defense Fund – Meijer Tax Appeal

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

 

WHEREAS, the City of Midland is currently involved in the following described litigation:  an Application for Leave to Appeal the Michigan Court of Appeals’ decision in regards to the Meijer, Inc. tax appeal; and

WHEREAS, the City of Midland believes that the issues involved in such litigation or controversy are such that the Michigan Municipal League Legal Defense Fund may wish to provide supportive aid in such litigation or controversy; and

WHEREAS, the City of Midland desires to receive the assistance of the Michigan Municipal League Legal Defense Fund; now therefore

RESOLVED, that the City of Midland hereby authorizes the City Attorney to request supportive aid from the Michigan Municipal League Legal Defense Fund in the appeal to the Michigan Supreme Court described above and to execute necessary requests on behalf of the City of Midland as may be required; and

RESOLVED FURTHER, that it is agreed that acceptance of such support shall constitute an agreement by the City of Midland to abide by any conditions placed upon the aid offered by the Fund.  (Motion adopted.)

 

Being no further business the meeting adjourned at 11:12 p.m.

 

 

______________________________________

            Sandy Marshall, Deputy City Clerk