April 23, 2001

 

A regular meeting of the City Council was held on Monday, April 23, 2001, 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 April 9, 2001 regular and April 16, 2001 special meetings was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

2000 Police Officer of the Year

James St. Louis, Chief of Police, introduced Sergeant Greg Kramer, the 2000 Police Officer of the Year recipient. 

 

Proposed Storm Sewer Design Program

Noel Bush, Utilities Director, presented information on the Storm Sewer Design Program Report.  A public hearing opened at 7:29 p.m., no comments were made, the hearing closed at 7:30 p.m.  The following resolution was offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council made a commitment to undertake a separate storm sewer study should the sanitary sewer improvement ballot proposal be approved by the voters; and

WHEREAS, the ballot proposal issue was subsequently approved; and

WHEREAS, the City Council directed the staff to resume the storm sewer study in March 2001; and

WHEREAS, the City Council received the attached report on the storm sewer design program at its March 5, 2001 meeting; and

WHEREAS, the City Council conducted a public hearing on this report at its April 23, 2001 meeting; now therefore

RESOLVED, that the City Council hereby approves the recommendations in the Storm Sewer Design Program report; and

RESOLVED FURTHER, that the City Manager be authorized and directed to proceed with:

a)      Negotiations of a contract with Hubbell, Roth & Clark (HRC) to undertake a recalibrated SWMM model study.

b)      Negotiations of a contract with a local engineering consultant to undertake a topographic analysis of the major flooding nodes identified in the revised SWMM model.

(Motion adopted.)

 

Proposed 2001-02 Budget

Robert Fisher, Director of Fiscal Services, presented information on the 2001-02 proposed budget.  A public hearing opened at 7:37 p.m., no comments were made, the hearing closed at 7:38 p.m.

 

2001-02 Community Development Block Grant Budget

Jon Lynch, Director of Planning and Community Development, presented information on the proposed 2001-02 Community Development Block Grant Budget.  A public hearing opened at 7:56 p.m., no comments were made, the hearing closed at 7:57 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City of Midland will receive $344,000 in Community Development Block Grant funds for fiscal year 2001-02; and

WHEREAS, the total budget for fiscal year 2001-02 will be $671,500, with the remaining amount coming from prior years balances; and

WHEREAS, a public hearing was held by the City Council on April 23, 2001, 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 2001-02 Community Development Block Grant Program, as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2001-02 budget, as set forth in the attached table, for the proposed use of funds for the Community Development Block Grant Program.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Payment in Lieu of Taxes for Granite Club Acres No. #1

Robert Fisher, Director of Fiscal Services, presented information on an ordinance that would provide for Payment in Lieu of Taxes for Granite Club Acres #1.  The following ordinance amendment adding a new Section 2-260.7 and 2-264.5, Article XIII, Chapter 2 was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

ORDINANCE NO. 1505

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 2-262, Article XIII of Chapter 2 and by adding new sections which shall be designated as Sections 2-260.7 and 2-264.5, Article XIII, Chapter 2 thereof.

The City of Midland Ordains:

Section 1.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of Housing Developments.

     It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club Acres #1 and the elderly portions of Charter Square and Green Hill are of this class.

Section 2.  Article XIII, Sections 2-260.7 and 2-264.5 are hereby added to read as follows:

Sec. 2-260.7.  Granite Club Acres #1.

    The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)(3) corporation (a Sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the Authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as Granite Club Acres #1, located on the following described property:

Part of the S ½ of the NW ¼ of Section 24, T14N-R2E, City of Midland, Midland County, Michigan, being further described as commencing at the west ¼ corner of said section; thence N 88°57’00” E, 2138.43 feet, along the east-west ¼ line; thence N 00°33’05” E, 590.38 feet; thence N 88°57’00” E, 187.35 feet, to the point of beginning; thence continue N 88°57’00” E, 205.26 feet to the southwesterly railroad right-of-way line; thence along said southwesterly line, N 00°03’00” E, 21.01 feet; thence along the arc of a curve to the left, an arc distance of 184.35 feet, said curve having a radius of 778.31 feet, chord bearing and distance of N 06°44’09” W, 183.92 feet and a central angle of 13°34’15”; thence N 75°00’00” W, 152.11 feet; thence S 00°33’05” W, 95.23 feet; thence S 22°30’00” W, 91.93 feet; thence S 00°33’05” W, 66.63 feet, to the point of beginning, containing 0.92 acres, more or less.

Sec. 2-264.5.  Establishment of Annual Service Charge For Granite Club Acres #1.

(A)    Annual service charge.  The housing development identified as Granite Club Acres #1 and the property on which it shall be constructed shall be exempt from all property taxes from and after the commencement of construction.  The City, acknowledging that the Sponsor and the Authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the Sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own and operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities.

(B)   Limitation on the payment of annual service charge.  Notwithstanding subsection (A), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Police Department Service Fees

James St. Louis, Chief of Police, presented information on an ordinance that would add a new article to the Code of Ordinances entitled Police Department Service Fees.  The following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE TO BE DESIGNATED AS ARTICLE XI SECTION 21-154 OF CHAPTER THEREOF AND ENTITLED “POLICE DEPARTMENT SERVICE FEES”.

The City of Midland Ordains:

Section 1.         Article XI Section 21-154 of Chapter 21 is added to read as follows:

CHAPTER 21

ARTICLE XI.  POLICE DEPARTMENT SERVICE FEES

Sec. 21-154.  Police Department Service Fee

                  Fees for services provided by the City of Midland Police Department shall be:

1.   Request for accident reports from insurance company or third party                   $2.00

2.   Notary Public Service        $2.00

3.   Gun Permit   $5.00

4.   Background Record or File Check   $5.00

5.   Concealed Weapon Permit    $5.00          

6.   Dealer Application Firearms License   $5.00

7.   R.I. 9’s-Dealer Permit   $5.00

8.   Preliminary Breath Test-Upon Request              $5.00

9.   Report Summaries for Third Party   $5.00

10.                  Identification Cards for Non-City of Midland Employees                   $5.00

11. Fingerprinting-Upon Request             $10.00

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

 

Site Plan No. 199 – Somerset Pines

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 199 for Somerset Pines, a 34 unit residential site condominium development on the east side of Dublin Road north of Airport Road.  Gary Bartow, of Somerset Pines LLC, spoke in support of the project.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 199, the request of Gary Bartow of Bartow and King Engineers for review and approval of a site plan for Somerset Pines, a 34-unit residential site condominium development on 47.75 acres on the east side of Dublin Road north of Airport Road, with the following conditions:

  1. Upgrading the sanitary sewer lift station on Airport Road to City specifications.
  2. Water line easements within the development be provided.
  3. Execution of a hold harmless agreement for City refuse collection.

4.      Storm water retention and/or detention is provided to the satisfaction of the City Engineering Department.

5.      Access to storm water management facilities which the City maintains shall be provided to the satisfaction of the City Engineering Department.

6.      Temporary turnaround constructed to City standards and fully maintained during their existence at the terminus of any dead end road.

7.   A street name which does not conflict with other public or private street names in the City; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 199, 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. 199, in accord with the drawing dated as received January 10, 2001, subject to the conditions listed above.  (Motion adopted.)

 

Site Plan No. 203 – Dow Credit Union Addition

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 203 for an addition to the Dow Chemical Employees’ Credit Union at 600 East Lyon Road.  Dennis Hansen, CEO of Dow Chemical Employees’ Credit Union, spoke in support of the project.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 203, the request of HBE Financial Services for site plan review and approval of a three-story, 40,156 square-foot addition to the Dow Chemical Employees’ Credit Union building at 600 East Lyon Road with the following conditions: 

1.  The East Lyon Road entrances must meet the approval of the Michigan Department of Transportation.  Evidence of such approval shall be provided prior to issuance of a building permit.

2.   Fire hydrants will remain operational throughout construction.

3.   Storm water retention/detention must be provided to the satisfaction of the City Engineering Department; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 203, 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. 203, in accord with the drawing dated as received March 6, 2001, subject to the conditions listed above.  (Motion adopted.)

 

Site Plan No. 205 – Wild West Family Amusement Center

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 205 for the Wild West Family Amusement Center located on the north side of Commerce Drive east of Eastman Road.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 205, the request of Bill Waterman and Rebecca Muhs, on behalf of R & B Enterprises, for site plan review and approval of Wild West Family Amusement Center, which will include a 12,000 square foot commercial building with indoor food area and arcade games, along with a go-cart track, mini-golf, bumper boats, water war zone, and an outdoor eating area on six acres on the north side of Commerce Drive east of Eastman Road, with the following contingencies and site plan amendments:

1.   Location and type of lighting are identified on the site plan.  Lighting will be provided to highlight building entrances and drive locations, but shall not impinge on adjacent properties.

2.   Site signage shall be installed under permit and in accord with applicable provisions of the Zoning Ordinance.

3.   On-site fuel storage shall be accompanied by a spill containment device capable of retaining the volume of the storage tank.

4.   A fire extinguisher shall be provided adjacent to the fuel storage tank, and the tank shall be placed as directed by the Fire Department.

5.   Adequate water and sanitary sewer service to the site shall be approved by the City Utilities Department.

; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 205, 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. 205, in accord with the drawing dated as received April 19, 2001, subject to the conditions listed above.  (Motion adopted.)

 

Sanitary Sewer Improvements – General Obligation Unlimited Tax Bonds, Series 2001

Robert Fisher, Director of Fiscal Services, presented information on the sale of General Obligation Unlimited Tax Bonds for Sanitary Sewer Improvements, Series 2001.  The following preamble and resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, April 23, 2001, at 3:00 o’clock p.m., Eastern Daylight Savings Time, has been set as the date and time for opening bids for the purchase of the Issuer’s General Obligation Unlimited Tax Bonds, Series 2001;

AND WHEREAS, said bids have been publicly opened and read;

AND WHEREAS, the bids attached hereto have been received:

AND WHEREAS, the bid of McDonald & Co. Securities, Inc. has been determined to produce the lowest interest cost to the Issuer.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         The bid of McDonald & Co. Securities, Inc., as above stated, be and the same is hereby accepted.

2.            Checks of the unsuccessful bidders be returned to each bidder’s representative or by registered mail.

3.         The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the “Code”), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds.

4.         The form and content of the Official Notice of Sale for the Bonds as published including any changes to the par amount and terms of the Bonds be and is hereby ratified.  

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

 

Sanitary Sewer Bond Issue Improvements

Brian McManus, City Engineer, presented information on contracts for 2001 Elizabeth Force Main Sewer; 2001 Jefferson Sanitary Sewer; 2001 Saginaw Road Force Main; 2001 Nelson Area Pump Station; 2001 Ashman Street Sanitary Sewer; 2001 Valley, East Ashman/Waldo and Patrick Pump Station Improvements; and construction oversight.  The following twelve resolutions were then presented for consideration.

 

2001 Elizabeth Force Main Sewer Contract No. 12

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

 

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 force main along Eastman Avenue from Elizabeth Street to Buttles Street and along Buttles Street from Eastman Avenue to Gordon Street; and

WHEREAS, funding for this project is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that the low sealed alternate bid submitted by 3-S Construction of Midland, Michigan, for the "2001 Elizabeth Force Main Sewer; Contract No. 12", in the indicated amount of $759,493.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor 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.)

 

2001 Elizabeth Force Main Sewer – Engineering Inspection Services

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

 

WHEREAS, current staffing levels within the Engineering Department along with an above normal construction season require that professional services for construction engineering inspection of sanitary sewer force main placement on B.R. US-10 from Bookness Street to Gordon Street be obtained from a consultant; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project exists in the Sanitary Sewer Bond issue approved by the voters, and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from Spicer Group, Inc. of Saginaw, Michigan, with an estimated total cost of $37,128.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for said services; 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.)

 

2001 Jefferson Sanitary Sewer Contract No. 13

The following resolution was offered by Council Member Wazbinski 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 Jefferson Avenue from the Ashman Circle to Sugnet Road; and

WHEREAS, funding for this project is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that the low sealed proposal submitted by Huckins Contracting of Beaverton, Michigan, for the "2001 Jefferson Sanitary Sewer; Contract No. 13", in the indicated amount of $385,422.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor 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.)

 

2001 Jefferson Sanitary Sewer – Engineering Inspection Services

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

 

WHEREAS, current staffing levels within the Engineering Department along with an above normal construction season require that professional services for construction engineering inspection of the sanitary sewer placement on Jefferson Avenue from East Ashman Street to Sugnet Street be obtained from a consultant; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project exists in the Sanitary Sewer Bond issue approved by the voters, and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from Ayres Associates, Inc. of Midland, Michigan, with an estimated total cost of $24,921.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for said services; 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.)

 

2001 Saginaw Road Force Main Contract No. 18

The following resolution was offered by Council Member Wazbinski 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 force main sewer along Saginaw Road from Sugnet Road to James Savage Road and along James Savage Road from Saginaw Road to the east and south to the Wastewater Treatment Plant and a force main sewer along Plumer Street from Austin Street to the Wastewater Treatment Plant and reconstruction of Saginaw Road from Dartmouth Drive to Patrick Road; and

WHEREAS, funding for the force main construction is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000 and funding for the reconstruction of Saginaw Road is provided by the Major Street Fund and a $281,000 grant from the Michigan Department of Transportation; now therefore

RESOLVED, that the low sealed proposal submitted by Dunigan Bros. Inc. of Jackson, Michigan, for the "2001 Saginaw Road Force Main; Contract No. 18", in the indicated amount of $5,681,653.94, based upon estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the specifications prepared by Ayres, Lewis, Norris & May; 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.)

 

2001 Saginaw Road Force Main Change Order No. 1

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

 

WHEREAS, on April 23, 2001, City Council awarded a contract to Dunigan Brothers Incorporated of Jackson, Michigan for the 2001 Saginaw Road Force Main Construction Contract No. 18 for the installation of a 42” diameter force main sewer and other road work along Saginaw Road; and

WHEREAS, a report has been received from the City Engineer indicating that the City would be better served by the application of a premium high durability protective liner to the inside of the sewer pipe; and

WHEREAS, the City Engineer’s report further indicates that cost savings in the contract could be realized by elimination of a certain length of pipe bore and valve pits; and

WHEREAS, the summary amount of contract changes reduces the project cost by  $65,022; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 1 to the 2001 Saginaw Road Force Main Construction Project; Contract No. 18, in the amount of a $65,022 reduction.  (Motion adopted.)

 

2001 Saginaw Road Force Main Engineering Inspection Services

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

 

WHEREAS, current staffing levels within the Engineering Department along with an above normal construction season require that professional services for construction engineering inspection and project management of the force main placement and reconstruction of Saginaw Road from James Savage Road to Sugnet Street, be obtained from a consultant; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project is available from the 2001 Sanitary Sewer Bond issue, the Major Street Fund, and a MDOT grant; now therefore

RESOLVED, that the proposal received from Paul B. Lapham & Associates, Inc. of Clare, Michigan, with an estimated total cost of $281,638.50, is hereby accepted in accordance with the submitted proposal, and the Purchasing Agent is authorized to issue a purchase order for said services; 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.)

 

2001 Nelson Area Pump Station Contract No. 19

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

 

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 sewage pump station at the northeast quadrant of the Ashman Circle; and

WHEREAS, funding for the pump station construction is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that the low sealed proposal submitted by Gerace Construction Company, Inc. of Midland, Michigan, for the "2001 Nelson Area Pump Station; Contract No. 19", in the indicated amount of $1,489,000.00, based upon the lump sum amount bid is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the specifications prepared by Ayres, Lewis, Norris & May; 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.)

 

2001 Ashman Street Sanitary Sewer Contract No. 20

The following resolution was offered by Council Member Wazbinski 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 Ashman Street from Nelson Street to the Ashman Circle; and

WHEREAS, funding for this project is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that the low sealed proposal submitted by Glawe, Inc. of Alpena, Michigan, for the "2001 Ashman Street Sanitary Sewer; Contract No. 20", in the indicated amount of $820,000.00, based upon estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the specifications prepared by Ayres, Lewis, Norris & May; 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.)

 

2001 Ashman Street Sanitary Sewer Engineering Inspection Services

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

 

WHEREAS, current staffing levels within the Engineering Department along with an above normal construction season require that professional services for construction engineering inspection of sanitary sewer placement on Ashman Street from N. Saginaw Road (at the “Circle”) to Nelson Street be obtained from a consultant; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project exists in the Sanitary Sewer Bond issue approved by the voters, and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from R.C. Associates, Inc. of Saginaw, Michigan, with an estimated total cost of $27,724.80, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for said services; 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.)

 

2001 Valley, East Ashman/Waldo & Patrick Pump Station Improvements Contract No. 21

The following resolution was offered by Council Member Currie 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 rehabilitation of the Valley, East Ashman/Waldo and Patrick pump stations; and

WHEREAS, funding for the pump station construction is provided by the Sanitary Sewer Bond Issue approved by voters in February 2000; now therefore

RESOLVED, that the low sealed proposal submitted by Glawe, Inc. of Alpena, Michigan, for the "2001 Valley, East Ashman/Waldo and Patrick Pump Station Improvements; Contract No. 21", in the indicated amount of $1,250,000.00, based upon the total amount bid is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the specifications prepared by Ayres, Lewis, Norris & May; and

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

 

Construction Oversight of Various Contract – 2001 Sanitary Sewer Projects

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

 

WHEREAS, the City Engineer has submitted a report recommending that Ayres, Lewis, Norris, & May, Inc. be retained for technical oversight of 2001 Sanitary Sewer Contracts 13, 18, 19, 20 and 21; and

WHEREAS, the Code of Ordinances for the City of Midland, Section 2-19, allows for obtaining professional services without securing sealed proposals; and

WHEREAS, funding for said project exists in the Sanitary Sewer Bond issue approved by the voters, and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from Ayres, Lewis, Norris, & May, Inc. of Ann Arbor, Michigan, with an estimated total cost of $130,000.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order for said services; 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.)

 

Request to Vacate Walkway at West End of Cones Court

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

 

RESOLVED, that the request of Dennis and Thayer Raleigh and Allen and Dixie Fairbank to vacate the public walkway at the west end of Cones Court is referred to the Planning Commission, the City Engineer, and the Director of Public Services for review and recommendation.  (Motion adopted.)

 

Traffic Control Order No. X-01-02

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

 

RESOLVED, that Traffic Control Order No. X-01-02 filed January 26, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Whitman Drive between Atwell Street and the Chippewa River be closed to vehicular traffic.

is hereby made permanent.  (Motion adopted.)

 

Auction – Police Department Unclaimed Property and Departmental Surplus Items

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

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 5, 2001 with the net proceeds being deposited in the General Fund or other appropriate City funds; and

RESOLVED FURTHER, that the City will be selling similar unclaimed items for the County Sheriff’s Department in a cooperative venture and sending the proceeds, less expenses, to the County.  (Motion adopted.)

 

Amplified Sound Request – Biathlon at the Tridge on May 12

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

 

RESOLVED, that the request from the organizers of the Biathlon at the Tridge event for amplified sound in St. Charles Park from 9:00 a.m. – 2:00 p.m. on May 12, 2001, is hereby approved; and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion adopted.)

 

2001 Waldo Avenue Reconstruction; Contract No. 3

The following resolution was offered by Council Member Wazbinski 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 reconstruction of all of Waldo Avenue from Salzburg Road to Bay City Road; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2001 Waldo Avenue Reconstruction; Contract No. 3", in the indicated amount of $393,880.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that supplemental funding in the amount of $50,000 be transferred from the 2000/2001 St. Andrews Street Reconstruction project, to the 2001 Waldo Avenue Reconstruction project; 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.)

 

Children’s Water Park (Sprayground)

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for a Children’s Waterpark, also known as a sprayground, Bid No. 2466; and

WHEREAS, funding for the project was donated by the Rollin M. Gerstacker Foundation and accepted by the City Council on March 5, 2001; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Helger Construction of Midland, Michigan in the amount of $174,470 in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Two Vacant Parcels of Land at Wheeler Road East of Waldo Avenue

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

 

WHEREAS, upon the approval of the north expansion area at the Sanitary Landfill, which includes Cells 14-19, the City extended an open purchase offer to all adjoining landowners to ensure an adequate air and visual quality buffer surrounding the Landfill; and

WHEREAS, the City was approached last year by Lloyd L. Jungman, of 4400 Waldo Avenue, to purchase two vacant parcels of land, each located east of Waldo Avenue on Wheeler Road, one owned by Mr. Jungman and one owned by his sister Shirley A. Easter; and

WHEREAS, an appraisal of the two parcels was ordered by the City and conducted by Peterson and Watson of Midland, Michigan, with an aggregate final appraised value for both parcels of $25,000; and

WHEREAS, the owners of the properties agree and accept the appraised value and have mutually agreed that the Jungman's will receive $12,000 and Ms. Easter will receive $13,000 of the proceeds of the sale; and

WHEREAS, funds are available in the Landfill 2001 Fiscal Budget account 517-9120-912.97-10; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute said purchase agreements and the purchases are authorized, with $12,000 of the proceeds to be given to Lloyd L. and Patricia A. Jungman and $13,000 of the proceeds to be given to Shirley A. Easter.  (Motion adopted.)

 


Agreement for Temporary Use of Barstow Airport – Fisher Contracting

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

 

WHEREAS, a report has been received from the City Engineer indicating that Fisher Contracting of Midland, Michigan desires to temporarily use Barstow Airport property for batching concrete associated with the Eastman Avenue Interchange Project; and

WHEREAS, Barstow Airport property can be temporarily used for this function without detrimental effects to the property; now therefore

RESOLVED, that the City Manager, City Engineer, and City Attorney are hereby directed to prepare an agreement that complies with airport safety requirements, indemnification from liabilities, insurance requirements, and property restoration issues; and 

RESOLVED FURTHER, that the City Council authorizes the City Manager to enter into said agreement with Fisher Contracting of Midland, Michigan for temporary use of Barstow Airport property for the concrete batching operation associated with the Eastman Avenue Interchange Project.  (Motion adopted.)

 

2001 Dublin Avenue Water Main Improvement Special Assessment District

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

 

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:

                            DUBLIN AVENUE        from Airport Road to 1550 feet north

;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:

     “2001 DUBLIN AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

                            DUBLIN AVENUE        from Airport Road to 1550 feet north

Commencing at the Southwest Corner of Section 31, T. 15 N., R. 2 E., City of Midland, Midland County, Michigan; thence North 561 feet, along the West section line, to the Point of Beginning; thence North 1563 feet, along the West section line; thence East 300 feet; thence South 817 feet; thence East 30 feet; thence South 482 feet; thence West 140 feet; thence South 264 feet; thence West 190 feet, to the Point of Beginning, excepting right of way for Airport Road and Dublin Avenue; ALSO; Commencing at the Southeast Corner of Section 36, T. 15 N., R. 1 E., City of Midland, Midland County, Michigan; thence North 609.85 feet, along the East section line, to the Point of Beginning; thence North 710 feet, along the East section line; thence West 325 feet; thence South 710 feet; thence East 325 feet, to the Point of Beginning, excepting right of way for Airport Road and Dublin Avenue; 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 eighty thousand dollars ($80,000.00); 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 thirty-nine thousand one hundred seventy and 40/100 dollars ($39,170.40) and that all other costs and expenses of said improvement amounting to forty thousand eight hundred twenty-nine and 60/100 dollars ($40,829.60) 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, May 7, 2001 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.)

 

Proposed Changes to Park Rules

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

 

RESOLVED, that the City Council hereby receives the Park Rules as recommended by the Parks and Recreation Commission and schedules a public hearing for May 7, 2001 to receive public comment on said rules.  (Motion adopted.)

 

NEW BUSINESS

Held a discussion on the Boards and Commissions Interview Process.

 

Being no further business the meeting adjourned at 10:00 p.m.

 

 

______________________________________

            Sandy Marshall, Deputy City Clerk