May 7, 2001

 

A regular meeting of the City Council was held on Monday, May 7, 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 23, 2001 special and regular and April 25, 2001 special meetings was offered by Council Member Coppage and seconded by Council Member Currie.  (Motion adopted.)

 

National Society Daughters 1861 – 1865  89th Annual Congress

Selina Tisdale, Community Relations Coordinator, introduced Wilma Diesen, a member of the Wilbur T. Lanphierd Chapter of the National Society Daughters of the Union 1861 – 1865.  Ms. Diesen requested that Council recognize the 89th Annual Congress of the National Society Daughters of the Union.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation of recognition honoring the 89th Annual Congress of the National Society Daughters of the Union 1861-1865 being held in Midland.  (Motion adopted.)  Mayor Black presented the recognition of Ms. Diesen. 

 

Midland Blooms Day

Selina Tisdale, Community Relations Coordinator, introduced Diana Corbin, Manager of Technology & Projects for the Midland Area Chamber of Commerce and staff coordinator for the 2001 Midland Blooms project.  Ms. Corbin requested Council proclaim May 19, 2001 as Midland Blooms Day in Midland.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 19, 2001 as Midland Blooms Day in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Ms. Corbin.

 

2001 Sidewalk Improvement Program Hearing of Necessity

Brian McManus, City Engineer, presented information on a resolution determining the necessity for the 2001 Sidewalk Improvement Program.  A public hearing opened at 7:15 p.m. on the proposed sidewalk improvements to Bauss Court, Claremont Street, Sterling Court and Ottawa Street.  No comments were received on the proposed improvements to Bauss Court and Claremont Street.  The following comments were received on Sterling Court.  Will Verhoeven, 1610 Siebert, representing both owners of property on Sterling Court, opposed placement of sidewalk on Sterling Court.  The following comments were received on Ottawa Street.  Barbara Foster, 208 Seminole Court; Eric Petersen, 333 Seminole Court; Sally Petersen, 333 Seminole Court; Robert Lane, 329 Seminole Court; Carol Traxler, 332 Seminole Court; Steve Clark, 310 Seminole Court; Patricia Bailey, 209 E. Meadowbrook; and Wilma Diesen, 201 Seminole Court, all spoke in favor of placement of sidewalk on Ottawa Court.  Earl Fisher, 4408 Ottawa, stated he was opposed to placement of sidewalk on Ottawa Street.  The hearing closed at 7:35 p.m.  Brian McManus, City Engineer, indicated a 4/5 vote was needed for approval of sidewalk placement on Sterling Court and Ottawa Street.  Mayor Black and Council Members Coppage, McKeag and Wazbinski indicated that they were in favor of completion of sidewalk on Sterling Court.  Council Member Currie indicated she was in favor of removal of Sterling Court from the 2001 Sidewalk Program.  Council Member Wazbinski indicated he felt there was a safety issue on Ottawa Street and would like to see at least one side completed, preferably both sides.  Council Member McKeag and Coppage indicated that they favored sidewalk placement on both sides of Ottawa Street.  Council Member Currie favored sidewalk placement on at least one side of Ottawa.  Mayor Black indicated that with the strong support from residents in attendance, he supported placement of sidewalk on both sides of Ottawa Street.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

            Bauss Court (both sides)            Sharon Road to end of court

            Claremont Street (west side)      Wheeler Street to end of existing sidewalk

            Sterling Court (both sides)          Siebert Street west to end of existing sidewalk

            Ottawa Street (both sides)          Seminole Court to Meadowbrook Drive

and has heretofore established one special assessment district which is to be known as the “2001 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 7th day of May, 2001, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 9, 2001, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2001 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of twenty-two thousand four hundred dollars ($22,400.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be nine hundred seventy dollars ($970.00) and that all other costs and expenses of said improvement amounting to twenty-one thousand four hundred thirty dollars ($21,430.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; be it

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2001, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2001, and that said agreement is received by City Council for approval at their June 11, 2001, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2001 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2001-02 Proposed Budget

Robert Fisher, Director of Fiscal Services, reviewed the 2001-02 Proposed Budget prior to opening a public hearing.  The public hearing opened at 7:54 p.m., no comments were made, the hearing closed at 7:55 p.m.  Mr. Fisher indicated that the City of Midland may receive as much as $200,000 more in constitutional and statutory revenue sharing than originally projected, due to recognition of the full impact of the final 2000 Census numbers and another $200,000 would be available from reductions in the Police and Fire personal services account.  Contingency Fund – Council Member Wazbinski indicated he would like to see some of the revenue sharing funds placed in the Contingency Fund.  Council Member Coppage indicated he did not feel it necessary to increase the Contingency Fund.  Mayor Black preferred to recognize the Council’s goal of having a reserve and suggested Council instruct administration to add $150,000 of the additional $400,000 to the Reserve for Contingencies, increasing the total Contingency fund to $500,000.  Tax Appeal Reserve – Mayor Black and Council Members Coppage, Currie, McKeag and Wazbinski, agreed they would like to have a full 80% funded for the Tax Appeal Reserve.  Council instructed the administrative staff to add $250,00 to the Tax Appeal Reserve to offset the shortfall in the Tax Appeal Reserve.  To fully fund the Tax Appeal Reserve to 80% another $145,000 will be needed.  Council instructed staff to increase the City of Midland’s proposed millage by .10 for a total City of Midland millage rate of 12.

 

2001 Downtown Economic Revitalization Public Improvement Special Assmt District

Kathleen Paul, City Assessor, presented information on the necessity of a Downtown Economic Revitalization Program.  A public hearing was opened at 8:14 p.m., no comments were made, the hearing closed at 8:15 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated April 9, 2001, said district being:

          That area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17, the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all within the City of Midland, Midland County, Michigan.

and has heretofore established one special assessment district designated:

"2001 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 7, 2001, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand forty-three and 86/100 dollars ($72,043.86) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand forty-three and 86/100 dollars ($72,043.86) shall be borne and paid by special assessment on all lands and premises in said 2001 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"2001 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"         

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2001 Downtown Economic Revitalization Public Improvement Special Assmt Roll

Kathleen Paul, City Assessor, presented information on the “2001 Downtown Economic Revitalization Public Improvement Special Assessment District”.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

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 "2001 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program 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 twenty-first day of May 2001, 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 twenty-first day of May, 2001, 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.)

 

2001 Dublin Avenue Water Main Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the proposed 2001 Dublin Avenue Water Main Improvement prior to the hearing of necessity.  A public hearing was opened at 8:23 p.m.  James Shuell, 1666 N. Dublin Road, living just south of new proposed development on N. Dublin Road, wanted to verify that he would not receive City water unless annexed into the City.   Council indicated that he would not receive City water until he was actually annexed into the City of Midland.  Larry Draves, 1630 N. Dublin Road, indicated he just put in a new well and was not interested in City water.  He felt placing a waterline in front of his property to serve the new subdivision was a waste of money.  The hearing closed at 8:26 p.m.   The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City Council has given due notice of its intention to install a water main in a certain street, said improvement being more particularly described in a resolution dated April 23, 2001, said street being:

              DUBLIN AVENUE                     from Airport Road to 1550 feet north

and has heretofore established one special assessment district designated:

     “2001 DUBLIN AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 7, 2001, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a water main on Dublin Avenue, is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of eighty thousand dollars ($80,000.00) and that the proportion of the cost and expense to be borne and paid 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 improvements amounting to forty thousand eight hundred twenty-nine and 60/100 dollars ($40,829.60) shall be borne and paid by special assessment on all lands and premises in said 2001 Dublin Avenue Water Main Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2001 DUBLIN AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2001 Dublin Avenue Water Main Improvement Special Assessment Roll

Kathleen Paul, City Assessor, presented information on the special assessment roll for the “2001 Dublin Avenue Water Main Improvement Special Assessment District”.  The following resolution was then offered by Council Member Currie 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 “2001 DUBLIN AVENUE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main 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 twenty-first day of May, 2001, 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 twenty-first day of May, 2001, 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.)

 

Park Rules

Martin McGuire, Director of Public Services, presented information on a resolution approving amended Park Rules.  A public hearing was opened at 8:45 p.m., no comments were made, the hearing closed at 8:46 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

RESOLVED, that the Park Rules and Regulations adopted June 2, 1975 pursuant to Sec. 17-9 of the Code of Ordinances are hereby revised to include the attached changes recommended by the Parks and Recreation Commission.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Police Department Service Fees Ordinance

James St. Louis, Police Chief, presented information on a second reading of an ordinance adding a new article to the Code of Ordinances entitled “Police Department Service Fees”.  The following ordinance was then offered by Council Member Currie and seconded by Council Member Coppage:

 

ORDINANCE NO. 1506

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.  (Ordinance adopted.)

 

Tech+ Presentation

Jack Duso, Assistant City Manager, introduced Dr. William McKinstry, Superintendent of the Midland County Educational Agency and Jenee Velasquez, Executive Director of Midland Economic Development Council and representative of the Midland County FORUM on technical training.  Dr. McKinstry and Ms. Velasquez presented a videotape on a new community initiative, TECH+.  The mission of TECH+ is to reduce negative bias about technical careers and expand technical training opportunities for youth and adults in Midland County.

 

Hearthstone Estates No. 1 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received on behalf of the proprietors of Hearthstone Estates No. 1, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Hearthstone Estates No. 1 until November 30, 2002; and

RESOLVED FURTHER, that if sidewalks are not completed by November 30, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalks.  (Motion adopted.)

 

Hearthstone Estates No. 2 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received on behalf of the proprietors of Hearthstone Estates No. 2, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Hearthstone Estates No. 2 until November 23, 2002; and

RESOLVED FURTHER, that if sidewalks are not installed by November 23, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalks.  (Motion adopted.)

 

Woodview Pass Estates No. 1 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received on behalf of the proprietor of Woodview Pass Estates No. 1, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Woodview Pass Estates No. 1 until November 30, 2002; and

RESOLVED FURTHER, that if sidewalks are not installed by November 30, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by June 15, 2001, Council authorizes staff to use the existing financial guarantee on file to immediately complete the installation of remaining sidewalks.  (Motion adopted.)

 

Woodview Pass No. 4 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received on behalf of the proprietor of Woodview Pass No. 4, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Woodview Pass No. 4 until October 15, 2002; and

RESOLVED FURTHER, that if sidewalks are not installed by October 15, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalks.  (Motion adopted.)

 

Dittenbir Resignation – Zoning Board of Appeals

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

 

RESOLVED, that the resignation of John Dittenbir as a member of the Zoning Board of Appeals is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Dittenbir for his service on this important Board.  (Motion adopted.)

 

Rapanos Resignation – Planning Commission

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

 

RESOLVED, that the resignation of Steve Rapanos, effective June 27, 2001, as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Rapanos for his service on this important Commission.  (Motion adopted.)

 

Confirmation of DDA Appointments

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Jack McCandless and the appointment of Sharon Kackmeister to the Downtown Development Authority for terms to expire May 1, 2005.  (Motion adopted.)

 

Purchase Agreement for House at 1112 Michigan Street

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

 

WHEREAS, an appraisal has been completed establishing a value of $20,000 for the house and land at 1112 Michigan Street in the City of Midland; and

WHEREAS, a purchase agreement has been executed for the purchase of the house at 1112 Michigan Street in the amount of $20,000; and

WHEREAS, the present owners of the property, Robert and Marie Zimmerman, have also agreed to this purchase price; and

WHEREAS, the house will either be renovated to the requirements of the City of Midland Housing Code or demolished and replaced; and

WHEREAS, the property at 1112 Michigan Street will be used for affordable housing; now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using CDBG funds.  (Motion adopted.)

 

2001 Saginaw Road Force Main Construction; Contract No. 18 – Change Order #2

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

 

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 removal of a pile of concrete rubble and placement of a force main pipe by the open cut method, instead of boring under the concrete rubble storage area at Allied Concrete on James Savage Road will result in less damage to fiber optic cables; and

WHEREAS, the addition of two 42” valves on the proposed force main will increase flexibility and aid in testing of the pipe; and

WHEREAS, the summary amount of contract changes increases the project cost by  $41,841.20; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 2 to the 2001 Saginaw Road Force Main Construction Project; Contract No. 18, in the amount of a $41,841.20.  (Motion adopted.)

 

Bank Account Fund Transfer Authorization

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

 

WHEREAS, Chemical Bank & Trust Company and Comerica Bank have been designated as depositories of the City of Midland, a Municipal Corporation, and Karl S. Tomion, City Manager and Penny K. Kovacevich, City Clerk/Treasurer were, on December 16, 1991, authorized to sign checks, drafts, notes or orders drawn against said banks for the City of Midland; and

WHEREAS, Chemical Bank & Trust Company and Comerica Bank require approval of persons authorized to initiate and receive fund transfers payable from or to the accounts of the City of Midland; now therefore

RESOLVED, that Penny K. Kovacevich, Midland City Clerk/Treasurer, Sandra Marshall, Assistant City Clerk/Treasurer, Robert E. Fisher, Fiscal Services Director, or David Keenan, City Controller, are hereby authorized to execute and deliver to Chemical Bank & Trust Company and Comerica Bank such agreements, amendments and other documents as Chemical Bank & Trust Company or Comerica Bank may from time to time require as a prerequisite to initiating and receiving any fund transfers payable from or to the account of the City of Midland.   This resolution shall be in full force and effect and binding upon the City of Midland and that Chemical Bank & Trust Company and Comerica Bank may presume that the above named persons remain authorized as set forth herein until this resolution is repealed, revoked or amended and written notice of such is delivered to Chemical Bank & Trust Company or Comerica Bank at a time and in a manner affording both banks a reasonable opportunity to act upon the written notice so received; and be it further

RESOLVED, that the above named persons shall also be authorized to execute and deliver to any bank, to complete an authorized transaction, such agreements, amendments and other documents as the bank may from time to time require as a prerequisite to initiating and receiving any fund transfers payable from or to the accounts of the City of Midland.  The City Clerk shall file, with said banks, a certified copy of this resolution.  (Motion adopted.)

 

Snow & Ice Control Salt

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

 

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 2001-2002 budgeted sum for this purpose.  (Motion adopted.)

 

Currie Municipal Golf Course Clubhouse Project

The following resolution was offered by Council Member Coppage 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 the Currie Municipal Golf Course Clubhouse project, Bid No. 2457; and

WHEREAS, the Gilbert A. Currie Family has pledged $1.2 million for the design and construction of the Currie Municipal Golf Course project; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to enter into a contract with Majestic Construction of Caro, Michigan in the amount of $1,042,512, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that staff is authorized to add $20,000 to a contract with Dow-Howell-Gilmore for continued design services in connection with the Currie Municipal Golf Course Clubhouse project.  (Motion adopted.)

 

Purchase – Directional Bore Machine (Water Distribution)

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

 

WHEREAS, sealed bids (Bid No. 2432) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Directional Bore Machine for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Account number 591-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that the low sealed bid submitted by Vermeer Great Lakes, of Jackson, Michigan, for the indicated amount of $63,567 is hereby accepted and a purchase order authorized.  (Motion adopted.)

 

Payment – Contracted Legal Services Related to MCV Tax Appeal

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid have been utilized in assisting the City of Midland in its legal defense of said appeal; and

WHEREAS, on March 5, 2001, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned services in a total amount not to exceed $950,000; and

WHEREAS, the cost of said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; now therefore

RESOLVED, all of the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $1,150,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $200,000 within the 2000-2001 General Fund budget from the Legal Fees account in the Dow Corning Tax Appeal activity to the Legal Fees account in the MCV Tax Appeal activity.  (Motion adopted.)

 

NEW BUSINESS

Council will hold a special meeting on Tuesday, June 5, 2001, at 7:00 p.m. in the Council Chambers to conduct Library Board interviews.

 

Being no further business the meeting adjourned at 9:28 p.m.

 

 

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            Penny K. Kovacevich, City Clerk