June 11, 2001

A regular meeting of the City Council was held on Monday, June 11, 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 May 21, 2001 regular and June 5, 2001 special meetings was offered by Council Member Currie and seconded by Council Member McKeag. (Motion adopted.)

Midland Black Family Reunion & Retirement Celebration II

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

RESOLVED, that the Mayor is authorized to issue the attached proclamation of recognition honoring the Midland Black Family Reunion and Retirement Celebration II being held in Midland on June 24, 2001. (Motion adopted.)

Amendment - 2000-01 City Budgets & Financial Working Plans

Robert Fisher, Director of Fiscal Services, presented information on a proposal to amend various 2000-01 budgets. A public hearing opened at 7:15 p.m., no comments were made, the hearing closed at 7:16 p.m. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, June 11, 2001, on the proposal to amend certain 2000-2001 City budgets and financial working plans to adjust the revenues and expenditures to reflect the projected actual 2000-2001 amounts submitted during the 2001/2002 budget process; now therefore

RESOLVED, that the following 2000-2001 City budgets and financial working plans be amended as indicated:

FUND	REVENUE Increase (Decrease)	EXPENDITURE Increase (Decrease)
General Fund	$ 351,623	$(2,449,065)
Major Street Maintenance Fund	512,500	(7,839)
Local Street Maintenance Fund	43,740	(12,422)
Library Fund	47,803	(220,082)
Cable Communications Fund	9,002	(40,251)
Community Development Block Grant Fund	259,400	(106,047)
Downtown Development Authority (DDA) Fund	107,267	50,649
Debt Service Fund	5,596	(342)
Sanitary Landfill Fund	101,324	437,021
Washington Woods Fund	(11,856)	(44,116)
Riverside Place Fund	13,852	(28,458)
Golf Course Fund	(18,420)	(5,736)
Parking Fund	(7,162)	(7,887)
Transportation Fund	453,783	80,233
Wastewater Fund	22,583	(464,672)
Water Fund	(220,569)	(5,743)
Storm Water Management Fund	92,327	(29,706)
Data Processing – Operations Fund	33,085	(90,659)
Data Processing – PC Rental Fund	(2,643)	(31,686)
Equipment Revolving Fund	324,287	(50,478)
Service Center Rental Fund	0	(30,091)

(Motion adopted.)

PUBLIC COMMENTS

Dave Leflin, speaking on behalf of R.B. Baker, 4512 N. Saginaw, expressed a desire to have unisex bathrooms placed in various public locations to accommodate the handicapped persons needing assistance from their care providers.

Stormwater Runoff Regulation and Control Ordinance Amendment (1^st reading)

Bradd Maki, Assistant City Engineer, presented information on a first reading of an ordinance that would amend Chapter 29, Stormwater Runoff Regulation and Control. Introduction and first reading of the following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member Wazbinski:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 29-2, 29-3.1, AND 29-4 OF ARTICLE I AND SECTIONS 29-32 AND 29-39 OF ARTICLE III OF CHAPTER 29 THEREOF.

The City of Midland Ordains:

Section 1. Chapter 29, Article I, Sections 29-2, 29-3.1, 29-4, and Article III, Sections 29-32, 29-39 are hereby amended to read as follows:

Sec. 29-2. Definitions.

For the purposes of this chapter the following definitions are adopted:

(1) Base flood elevation: The elevation delineating the flood level having a one percent probability of being equaled or exceeded in any given year (also known as the 100-year flood elevation), as determined from flood insurance rate maps (FIRMs) or the best available information.

(2) Channel: A natural or manmade open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water.

(3) City engineer: The person formally designated by the city manager as the city engineer OR DESIGNEE.

(4) Compensatory storage: An artificially excavated volume of storage within a floodplain used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.

(5) Conduit: Any channel, pipe, sewer, or culvert used for the conveyance or movement of water, whether open or closed.

(6) Control elevation: Contour lines and points of predetermined elevation used to denote a detention storage area on a plat or site drawing.

(7) Design standards for stormwater runoff regulation and control: Standards on file in the city engineer’s office to which all designs, and the resulting stormwater runoff, must conform.

(8) Detention facility: A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulate behind the outlet.

(9) Detention storage: The temporary detaining or storage of stormwater in storage basins, on rooftops, in streets, parking lots, school yards, parks, open spaces, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.

(10) Discharge: The rate of outflow of water from any source.

(11) Drainage area: The area from which water is carried off by a drainage system,

i.e., a watershed or catchment area.

(12) Excess stormwater runoff: The volume and rate of flow of stormwater discharged from an urbanized drainage area, which is or will be in excess of that volume and rate which represented or represents the runoff from the property prior to the date of this chapter.

(13) Floodplain: The special flood hazard lands adjoining a watercourse, the surface elevation of which is lower than the base flood elevation and is subject to periodic inundation.

(14) Hydrograph: A graph showing, for a given point on a stream or conduit, the runoff flow rate with respect to time.

(15) One hundred-year storm: A precipitation event of twenty-four-hours’ duration, having a one percent chance of occurring in any one year.

(16) Owner(s): Every person, firm, organization, association or corporation listed on the records in the office of the city assessor as owning the particular property subject to this chapter.

(17) Peak flow: The maximum rate of flow of stormwater at a given point in a channel or conduit resulting from predetermined storm or flood.

(18) PROPOSED DEVELOPMENT: CONSTRUCTION OPERATION. ALSO USED TO DESCRIBE PROPOSED CONSTRUCTION, RECONSTRUCTION, AND REDEVELOPMENT.

(19) REGULATION AND CONTROL DESIGN STANDARDS: DESIGN STANDARDS PREPARED BY THE ENGINEERING DEPARTMENT SPECIFICALLY FOR STORMWATER MANAGEMENT.

~~(18)~~ (20) Retention basin: A facility, structure or feature with no outlet, designed to retain stormwater over a period of time, with its release and discharge rate occurring over a longer period of time than in a detention facility.

~~(19)~~ (21) Stormwater drainage system: All means, natural or manmade, used for conducting stormwater to, through, or from a drainage area to the point of final outlet including, but not limited to, any of the following: Open and closed conduits and appurtenant features, canals, channels, ditches, streams, swales, culverts, streets, and pumping stations.

~~(20)~~ (22) Stormwater drainage facility: Any element in a stormwater drainage system, which is made or improved by man.

~~(21)~~ (23) Stormwater runoff: The waters derived from precipitation within a tributary drainage area, flowing over the surface of the ground or collected in channels or conduits.

~~(22)~~ (24) Time of concentration: The elapsed time for stormwater to flow from the most distant point in a drainage area to the outlet or other predetermined point.

~~(23)~~ (25) Two-year storm: A precipitation event having a fifty (50) percent chance of occurring in any one year.

~~(24)~~ (26) Two-year storm runoff: The stormwater runoff having a fifty (50) percent probability of occurring in any one year.

~~(25)~~ (27) Unprotected channel: A channel which receives stormwater discharge and which is not paved, riprapped, or otherwise improved by addition of manmade materials so as to reduce the potential for erosion.

~~(26)~~ (28) Upland area: Any land whose surface drainage flows toward the area being considered for development.

~~(27)~~ (29) Urbanization: The development, change, or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.

~~(28)~~ (30) Waterbody: Any natural or artificial pond, lake, reservoir, or other area, which ordinarily or intermittently contains water and which has a discernable shoreline.

~~(29)~~ (31) Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.

~~(30)~~ (32) Wet bottom detention basin: A basin designed to retain a permanent pool of stormwater after having provided its planned detention of runoff during a storm event.

Sec. 29-3.1. Stormwater certificate.

(1) Stormwater certificate. Notwithstanding the requirements of subsections 29-3.1(2) and 29-3.1(4), a stormwater certificate shall be valid for a period of three (3) years from ~~the date~~ June 15^th of the year of issuance and shall be renewed upon expiration for an additional three-year period. Notwithstanding the requirements of subsection 29-3.1(4), a stormwater certificate fee, the amount of which shall be specified in chapter 21, shall be paid prior to issuance of all certificates except for those certificates issued for new facilities. The city engineer~~, or his or her designee,~~ shall inspect each stormwater facility before issuing or renewing a certificate to insure that the facility complies with the requirements of this chapter and the stormwater regulation and control design standards. The city engineer may require the owner of the facility to submit additional information. The chief building official shall not issue a permanent certificate of occupancy until such time that a stormwater certificate has been issued. Upon approval of the city engineer, the chief building official may issue a temporary certificate of occupancy prior to the issuance of a stormwater certificate.

(2) New facilities. Upon completion of the new construction, development, redevelopment or land use change for which the stormwater permit was issued, the property owner or representative shall contact the city engineer to schedule a final inspection of the stormwater facility. Upon determination by the city engineer ~~or his or her designee~~ that the facility complies with all requirements of this chapter and the stormwater regulation and control design standards, a stormwater certificate shall be issued at no additional cost. ~~The certificate shall expire~~ ~~on November 2 of the third year following the issuance of the certificate and must be renewed no later than the following March 31~~.

(3) Certified facilities. No later than two (2) months prior to the expiration of a stormwater certificate, the city engineer shall notify the owner of the facility of the requirement to renew the certificate and to inspect the facility. The owner of the facility shall renew the certificate no later than the calendar month in which the certificate expires. In the event that the certificate is not renewed and becomes delinquent, additional fees shall be assessed as specified in Cchapter 21.

(4) Existing facilities. The city engineer shall provide written notification of the stormwater certificate requirements to all known owners of stormwater facilities regulated by this chapter and in existence as of the effective date of the ordinance from which this section derives. ~~All such facilities shall be certified within six (6) months of the effective date of the ordinance from which this section derives.~~ All existing facilities shall be formally certified by November 1, 2001. INITIAL CERTIFICATIONS FOR EXISTING FACILITIES WILL NOT BE ASSESSED A FEE. The terms and fees for stormwater certificates issued for existing facilities shall be as follows:

(i) Stormwater certificates issued for one-third (1/3) of these facilities, as determined by the city engineer, shall be RENEWED by June 15, 2002 and SHALL be renewable every three (3) years thereAFTER. Certificates for these facilities will be placed in Group 1. ~~expire during the period beginning November 1, 2000, and ending April 1, 2001~~. The fee for said certificate RENEWAL shall be ~~equal one-third (1/3) of the amount that would have been~~ assessed pursuant to Section 21-151 of this Code of Ordinances.

(ii) Stormwater certificates issued for one-third (1/3) of these facilities, as determined by the city engineer, shall be RENEWED by June 15, 2003 and SHAll be renewable every three (3) years thereAFTER. Certificates for these facilities will be placed in Group 2. ~~expire during the period beginning November 1, 2001, and ending April 1, 2002~~ The fee for said certificate RENEWAL shall be ~~equal two-thirds (2/3) of the amount that would have been~~ assessed pursuant to Section 21-151 of this Code of Ordinances.

(iii) Stormwater certificates issued for one-third (1/3) of these facilities, as determined by the city engineer, shall be RENEWED by June 15, 2004 and will be renewable every three (3) years thereAFTER. Certificates for these facilities will be placed in Group 3. ~~expire during the period beginning November 1, 2002, and ending April 1, 2003~~. The fee for said certificate RENEWAL shall be ~~equal the amount~~ assessed pursuant to Section 21-151 of this Code of Ordinances.

All new certificates and certificate renewals shall become effective June 15 of the year of issuance for each Group. All certificates will be placed in Groups 1, 2, or 3 as determined by the city engineer. The information obtained during this process shall be recorded in the registry established pursuant to section 29-44.

Sec. 29-4. Other requirements.

In additional to meeting the requirements of Ssection 29-3 and the more specific requirements of Article II of this chapter 29 and before starting any activity regulated by this cChapter, an applicant shall comply with the requirements set forth in all other related ordinances and state statutes and regulations.

ARTICLE III. ADDITIONAL SUBDIVISION AND BUILDING IMPROVEMENT REGULATIONS

Sec. 29-32. Drainage and detention design requirements.

All subdivisions and other proposed improvements which are subject to the provisions of Ssection 29-10 shall incorporate such design features as are required in this cchapter 29. Variation from these requirements shall require the approval of the city council whose action shall be conditioned upon the following:

(1) That petition be submitted describing in detail the rationale for the proposed design change.

(2) That there are special circumstances or conditions affecting the property under consideration such that strict compliance with the provisions of this chapter would deprive the applicant of the reasonable use of his land.

(3) That the variance is necessary for the preservation and enjoyment of a substantial property right of the proprietor.

(4) That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the territory in which said property is located.

(5) That an affirmative recommendation be received from the city engineer supporting such variance. In the event that the city engineer does not submit an affirmative recommendation, that a recommendation be received from the sewer board of appeals as authorized by section 29-42 of this chapter.

Sec. 29-39. Deficiencies; corrections.

If, during the city engineer’s inspection of a stormwater facility, deficiencies in the facility or conditions creating nuisances are found, the owner shall be required to make the necessary corrections to the facility within a reasonable amount of time; provided, however, such period of time shall not exceed ~~thirty~~ sixty ~~(30)~~ (60) days. The owner shall be notified in writing of the existence of the violation. The notice shall be delivered by certified mail and shall state the date of the inspection, the nature of the violation and the time within which the necessary corrections must be made. The cost of making all corrections shall be the responsibility of the property owner. If AFTER SIXTY (60) DAYS THE FACILITY REMAINS DEFICIENT, the city ENGINEER SHALL initiate enforcement actions for compliance with thIS ordinance. (Motion adopted. Considered first reading.)

Notice of Intent & Reimbursement – General Obligation Limited Tax Bonds

Robert Fisher, Director of Fiscal Services, spoke on the issuance of General Obligation Limited Tax bonds for the purpose of defraying the cost of construction of a storage basin at the Wastewater Treatment Plant. The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

WHEREAS, the City Council, pursuant to Part 43 of Act No. 451, Public Acts of Michigan, 1994 (“Act 451”), intends to authorize the issuance of one or more series of general obligation limited tax bonds for the purpose of defraying the cost of improvements to the City’s sanitary sewer system necessary to comply with the City’s NPDES Permit and an administrative consent order issued or to be issued by the Michigan Department of Environmental Quality; and

WHEREAS, notice of intent to issue bonds must be published at least forty-five (45) days before the issuance of the same in order to comply with the requirements of Section 5(g) of Act 279 and Section 4307(2) of Act 451; and

WHEREAS, the City Council desires to take certain other preliminary actions so as to facilitate the issuance and sale of the bonds.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in a newspaper of general circulation in the City, as a display advertisement prominent in size.

2. Said notice of intent so published shall be in substantially the following form:

OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS

OF THE CITY OF MIDLAND

OF INTENT TO ISSUE PUBLIC IMPROVEMENT BONDS

SECURED BY THE TAXING POWER OF THE CITY

AND RIGHT OF REFERENDUM THEREON

PLEASE TAKE NOTICE that the City Council of the City of Midland, Counties of Midland and Bay, Michigan, intends to issue one or more series of general obligation limited tax bonds of the City in total principal amount of not to exceed $7,500,000 for the purpose of defraying the cost of improvements to the City’s sanitary sewer system in accordance with applicable permits issued by the Michigan Department of Environmental Quality. The bonds shall mature serially in not to exceed thirty (30) annual installments, with interest payable on the unpaid balance at a rate of not to exceed 8% per annum or such higher rate as may be permitted by law.

SOURCE OF PAYMENT OF BONDS

THE PRINCIPAL OF AND INTEREST ON THE BONDS shall be payable from the general funds of the City lawfully available for such purposes including ad valorem taxes levied upon all taxable property in the City within applicable charter, statutory and constitutional tax rate limitations.

RIGHT OF REFERENDUM

THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS IN THE CITY, IS FILED WITH THE CITY CLERK BY DEPOSITING SAID PETITION OR PETITIONS WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. If such a petition is filed, the bonds cannot be issued without an approving vote by a majority of electors voting on the question.

THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended, and Section 4307(2) of Act 451, Public Acts of Michigan, 1994. Further information concerning the matters set out in this notice may be secured from the City Clerk’s office.

PENNY KOVACEVICH

City Clerk

City of Midland

3. The City Council does hereby determine that the foregoing form of notice of intent to issue bonds and the manner of publication directed is adequate notice to the electors and taxpayers of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond issue, the security for the bonds and the right of referendum of the electors with respect thereto.

4. The City Manager, Finance Director, and the City Clerk, or any of them, are hereby authorized (1) to file a request for exception from prior approval along with the appropriate filing fee with the Michigan Department of Treasury with respect to the issue of bonds, or to file for prior approval of the bonds to the extent that an exception therefrom is not available, in the not-to-exceed amount referenced in Section 2 hereof, (2) to file such other applications for approval or waiver with the Michigan Department of Treasury, and (3) to file such other applications, or execute such other documents, certificates or agreements with the Michigan Department of Environmental Quality, the Michigan Municipal Bond Authority or others, as may be necessary or advisable to enable the bonds to be issued and sold as contemplated herein.

5. The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:

(a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City.

(b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the public improvements to the City’s sanitary sewer system (the “Project”) which were or will be paid subsequent to sixty (60) days prior to the date hereof.

(c) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is not to exceed $7,500,000.

(d) A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this Resolution.

(e) The expenditures described in (b) above are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).

(f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this Resolution will be used in a manner described in Treas. Reg. § 1.150‑2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (d) above.

(g) Expenditures for the Project to be reimbursed from the proceeds of the borrowing for purposes of this Resolution do not include costs for the issuance of the debt or an amount not in excess of the lesser of $100,000 or 5 percent of the proceeds of the borrowing, or preliminary expenditure not exceeding twenty (20) percent of the issue price of the borrowing, within the meaning of Treas. Reg. § 1.150-2(f) (such preliminary expenditures include architectural, engineering, surveying, soil testing and similar costs incurred prior to construction of the Project, but do not include land acquisition, site preparation, and similar costs incident to commencement of construction).

6. The Finance Director is designated as the officer of the City authorized to make any further declarations of intent to reimburse expenditures made from funds of the City or its subordinate entities from the proceeds of the bonds described in the preamble to this resolution.

7. The preceding official intent declaration shall be filed by the City Clerk in her office and shall be reasonably available for inspection by the public within thirty (30) days of the date hereof at the offices of the City and will remain available for public inspection on a reasonable basis until the date or dates of issuance of the obligations described in the declaration. The City Clerk shall also file a copy of the declaration with the City Commission as soon as practicable following issuance of the declaration.

8. 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.)

Waterworks Park Restroom Construction

Martin McGuire, Director of Public Services, presented information on the construction of a restroom facility in Waterworks Park, made possible by a grant given to the Girls Softball League. The City of Midland would construct and connect water lines for the building. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

WHEREAS, the Midland Girls Softball League has secured a grant from The Dow Chemical Company Foundation to build a restroom facility in Waterworks Park; and

WHEREAS, the Midland Girls Softball League intends to build the facility then donate it to the City; and

WHEREAS, the construction will cause a City expense of $10,000 to install and connect a water line service; and

WHEREAS, the Parks and Recreation Commission at their meeting of May 8, 2001 unanimously approved the proposal; now therefore

RESOLVED, that the City Council hereby approves the construction of a restroom facility in Waterworks Park; and

RESOLVED FURTHER, that the City Council authorizes the construction and connection of the water line for the building. (Motion adopted.)

Subrecipient Agreements for the Award of CDBG Funds

Jon Lynch, Director of Planning and Community Development, presented information on subrecipient agreements for the award of CDBG funds. The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

WHEREAS, the 2001-02 Community Development Block Grant budget provides funds to the Reece Community Living Endeavor, NEMCSA Head Start, The Center for Independent Living, the Salvation Army, the ARC of Midland, and Royal Castle Companies for the purposes of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a subrecipient agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City. (Motion adopted.)

2001 Sidewalk Improvement Program – Construction Agreements

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

WHEREAS, On May 7, 2001, City Council granted property owners in the 2001 Sidewalk Improvement Program the option of installing their own sidewalks upon submission of a legal agreement acceptable to the City Attorney; and

WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement to be used for said purpose and which states that the sidewalk must be constructed by no later than July 31, 2001; and

WHEREAS, the City Engineering Department has received two (2) Sidewalk Construction Agreements from property owners desiring to install their own walk and listed below:

PARCEL CODE	OWNER
14-11-50-072	RICHARD BLASY
14-10-70-704	JOHN MCCOLLEY

; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign the two (2) Sidewalk Construction Agreements prepared by the City Attorney for parcels in the 2001 Sidewalk Improvement Program. (Motion adopted.)

Warranty Deed – Street Right-of-Way on West Side of Dublin Avenue

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

RESOLVED, that the City Council of the City of Midland accepts a Warranty Deed from Lepta Associates, L.L.C., for street right-of-way purposes for property on the west side of Dublin Avenue north of North Saginaw Road; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to record said Warranty Deed with the Midland County Register of Deeds. (Motion adopted.)

Annexation from Homer Township (Penrod)

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

WHEREAS, a petition has been received from John D. and Violet R. McCreadie, requesting annexation of property at 1983 Penrod Road to the City of Midland; and

WHEREAS, this land is contiguous to the present boundary of the City; now therefore

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing 740 feet North and 123 feet West of the East 1/4 corner of Section 13, T14N, R1E, Homer Township, Midland County, Michigan, thence North 321.5 feet; thence West 90 feet, thence South 324 feet; thence East 90 feet to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than those petitioning, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer and the City Council of the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk. (Motion adopted.)

July 2001 Tax Levy – Midland Public Schools

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

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2001; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities. 2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended. 3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2001 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion adopted.)

July 2001 Tax Levy – Midland County Educational Service Agency

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

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2001; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2001 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

July 2001 Tax Levy – Bay City Public Schools

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

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2001; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2001 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

July 2001 Tax Levy – Bay-Arenac Intermediate School District

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

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2001; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2001 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions. (Motion adopted.)

July 2001 Tax Levy – Delta College

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

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2001; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2001 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

2001 Special Assessment Installments and Accounts Receivable

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

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2001 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

1994 Street Improvement $ 4,387.57

1996 Street Improvement 17,229.30

1997 Street Improvement 20,099.89

1999 Street Improvement 3,115.35

Subtotal Street Improvement Rolls $ 44,832.11

Sanitary Sewer Improvement Rolls

1994 Sanitary Sewer Improvement $ 3,495.53

1996 Sanitary Sewer Improvement 9,073.59

1997 Sanitary Sewer Improvement 25,150.77

1998 Sanitary Sewer Improvement 2,940.52

2000 Sanitary Sewer Improvement 4,929.27

Subtotal Sanitary Sewer Improvement Rolls 45,589.68

Water Main Improvement Rolls

1995 Water Main Improvement $ 1,308.84

1996 Water Main Improvement 21,986.90

1997 Water Main Improvement 10,768.62

1998 Water Main Improvement 27,575.65

1999 Water Main Improvement 3,698.77

Subtotal Water Main Improvement Rolls $ 65,338.78

Sidewalk Improvement Rolls

1995 Sidewalk Improvement $ 322.65

1996 Sidewalk Improvement 6,111.25

1997 Sidewalk Improvement 2,118.98

1998 Sidewalk Improvement 3,357.95

2000 Sidewalk Improvement 1,722.91

Subtotal Sidewalk Improvement Rolls $ 13,633.74

2001 Downtown Economic Revitalization Roll (SARA) $ 36,021.93

Accounts Receivable Roll $ 12,893.87

TOTAL SPECIAL ASSESSMENT ROLL $ 218,310.11

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2001 General Fund Tax Roll Accounts Receivable. (Motion adopted.)

Correction of Legal Description – Annexation of Property from Larkin Township

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

WHEREAS, on May 21, 2001, the City Council adopted a resolution annexing certain properties in Larkin Township, conditioned on a similar resolution being adopted by the Township Board of Larkin Township; and

WHEREAS, there was an error in the description of the boundary of the properties to be annexed; now therefore

RESOLVED, that the May 21, 2001, resolution approving annexation of properties from Larkin Township is hereby amended by substituting therefor the following:

WHEREAS, petitions have been received from eight property owners requesting annexation of nine parcels on Eastman Road, Commerce Drive, and Commerce Court to the City of Midland; and

WHEREAS, these properties are contiguous to the present boundary of the City; now therefore

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Beginning at the Northwest corner of Section 33, T15N, R2E, thence South 0° 04’ East 944.00 feet, along the West section line; thence North 89° 57’ 59” East 594.00 feet; thence South 0° 04’ East 127.02 feet, along the Westerly right-of-way line of Commerce Court; thence Southerly and Easterly along the arc of a curve to the left having a radius of 50.00 feet, a central angle of 159° 05’ 33” and being subtended by a chord bearing of North 79° 36’ 46” East 98.34 feet; thence South 69° 09’ 32” East 300.91 feet, to the centerline of the Jacobs Drain; thence Northerly along the centerline of the Jacobs Drain to a point on the North section line, said point being North 89° 57’ 59” East 970.00 feet, from the Northwest Corner of said section; thence South 89° 57’ 59” West 970.00 feet, along the North section line, to the Point of Beginning.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk. (Motion adopted.)

Subordination of Mortgage Agreement – City of Midland and Washington Mutual

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

RESOLVED, that the attached Subordination of Mortgage Agreement from the City of Midland to Washington Mutual regarding property known as 2918 Dauer Street hereby allows the City of Midland Trust Deed for sidewalk special assessment to subordinate to the first lien mortgage of Washington Mutual; and

RESOLVED FURTHER, the Subordination of Mortgage Agreement is hereby accepted and ordered to be recorded with the Midland County Register of Deeds. (Motion adopted.)

2001 Ashman Gravity Sewer; Contract No. 20 Change Order No. 1

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

WHEREAS, on April 23, 2001, City Council awarded a contract to Glawe, Inc. of Alpena, Michigan for the 2001 Ashman Gravity Sewer, Contract No. 20 for the installation of a 42” diameter force main sewer and other road work along Saginaw Road; and

WHEREAS, the roadway and pavement on Ashman Street between the Circle and Cambridge Streets is in very poor condition and requires replacement; and

WHEREAS, Ashman Street in this area is currently closed to traffic and that Glawe, Inc. could remove and replace the roadway while working in this area and not increase the time required to reopen the street to traffic; and

WHEREAS, the summary amount of contract changes increases the project cost by $21,706.40; and

WHEREAS, funding for this work will be provided by the Major Street Fund; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 1 to the 2001 Ashman Gravity Sewer; Contract No. 20, in the amount of a $21,706.40. (Motion adopted.)

Police Officers Association – Labor Agreement

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

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Officers Association of Michigan (POAM), Midland, for labor contract changes effective July 1, 1999 and expiring June 30, 2004; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract. (Motion adopted.)

Employee Assistance Program Contract

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

WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for fourteen years; and

WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and

WHEREAS, in accordance with Section 2-l9 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore

RESOLVED, that the proposed contract between the City of Midland and Lona McLuckie, for the annualized value of $35,020.00, effective July l, 2001 through June 30, 2002, for the provision of Employee Assistance Program services, is hereby approved and the Mayor and City Clerk are authorized to execute the final document. (Motion adopted.)

Wall Covering and Trim Painting at Washington Woods

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

WHEREAS, sealed proposals (Bid No. 2481) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Wall Covering and Trim Painting; and

WHEREAS, funding is provided by the Washington Woods Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Associated Wallcovering and Painting of Midland, Michigan, for the indicated amount of $20,921.00, is hereby accepted and a purchase order authorized. (Motion adopted.)

Chimney Masonry Work – Dow Library

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 masonry repair to the chimney at the Grace A. Dow Memorial Library; and

WHEREAS, funding for this project is provided in the 2000/01 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2478 submitted by Tancor Corp. to perform masonry repair on the chimney at the Grace A. Dow Memorial Library at a cost of $22,725 is hereby accepted and the necessary purchase order authorized. (Motion adopted.)

Ice Arena Roof Repair

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Ice Arena Roof Repair project, Bid No.2458; and

WHEREAS, funding for this project in the amount of $145,000 has been accumulated in a multi-year plan for the repair of the Ice Arena roof; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to MacArthur Roofing & Sheet Metal of Saginaw, Michigan in the amount of $98,750, in accordance with the proposal and city specifications. (Motion adopted.)

Toro Reelmaster 5500-D Mower – Golf Course

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Toro Reelmaster 550-D mower, with trade-in, Bid No. 2485; and

WHEREAS, funding for the new mower in the amount of $45,000 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc. of Sparta, Michigan in the net amount of $29,286 for the purchase of a Toro Reelmaster 550-D mower, including trade-in of city equipment number 4-73, in accordance with the proposal and city specifications. (Motion adopted.)

Toro Multi Pro 5500 Sprayer – Golf Course

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a golf course sprayer, with trade-in, Bid No. 2484; and

WHEREAS, funding for a sprayer in the amount of $24,779 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc. of Sparta, Michigan in the net amount of $24,779 for the purchase of a Toro Multi Pro 5500 sprayer, including trade-in of city equipment number 4-87, in accordance with the proposal and city specifications. (Motion adopted.)

2001 Dublin Avenue Water Main; Contract No. 14

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 installation of a water main along Dublin Avenue from Airport Road to 1550 feet north; and

WHEREAS, funding for this project is provided by an Advance Payment made by Gary Bartow, the developer of the Somerset Pines Site Condominium; now therefore

RESOLVED, that the low sealed bid submitted by Mid-State Earthworks, Inc. of Freeland, Michigan, for the "2001 Dublin Avenue Water Main; Contract No. 14", in the indicated amount of $67,792.00, 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 Ashman Force Main Sewer: Contract No. 25

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 installation of a force main sewer along Ashman Street from Swede Avenue to Waldo Avenue; 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 bid submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2001 Ashman Force Main Sewer; Contract No. 25", in the indicated amount of $309,119.00, 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.)

MDOT Contract No. 2001-0626 (Barstow Airport Runway 6-24 Rehabilitation)

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

WHEREAS, a proposed Contract No. 2001-0626 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of Runway 6-24 at Barstow Airport; and

WHEREAS, the total estimated cost of the project is $494,000 and a block grant from the Federal Aviation Administration (FAA) is providing 90% ($444,600) and the Michigan Department of Transportation (MDOT) is providing 5% ($24,700) and the City of Midland General Fund is providing 5% ($24,700); and

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

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2001-0626 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland. (Motion adopted.)

MDOT Construction Contract No. FM 56-1-C33 (Barstow Airport Runway 6-24)

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

WHEREAS, Construction Contract No. FM 56-1-C33 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of the construction contract with Central Asphalt, Inc. for the reconstruction of Runway 6-24 at Barstow Airport; and

WHEREAS, the City of Midland approved a contract with MDOT to approve funding for said work; and

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

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Construction Contract No. FM 56-1-C33 with Central Asphalt, Inc. of Mt. Pleasant, Michigan and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland. (Motion adopted.)

2001 Mac Street Improvement

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

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

MAC STREET from Saginaw Road to end of cul-de-sac

; and

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

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

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

“2001 MAC STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

MAC STREET from Saginaw Road to end of cul-de-sac

All of Lots 39 thru 54 and Lot 56 and the west 70 feet of Lot 55 and the west 10 feet of Lot 57 and the public walkway lying between Lots 47 and 48 of McMurty’s Subdivision in Section 4, T. 14 N., R. 2 E., City of Midland, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base and an all weather surface, and that the total estimated cost and expense thereof is sixty-four thousand dollars ($64,000.00); 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 twenty-three thousand seven hundred eighty-four dollars ($23,784.00) and that all other costs and expenses of said improvement amounting to forty thousand two hundred sixteen dollars ($40,216.00) 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, June 25, 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 addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion adopted.)

2001 Perrine Sanitary Sewer Improvement

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

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

PERRINE ROAD from the South 1/8 Line of Section 31 to 960 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 sanitary sewer, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

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

“2001 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

PERRINE ROAD from the South 1/8 Line of Section 31 to 960 feet North

Commencing at the Center corner of Section 31, T. 15 N., R. 2 E., City of Midland, Michigan; thence South 346 feet, along the North-South 1/4 Line, to the Point of Beginning; thence West 250 feet; thence South 422 feet; thence West 70 feet; thence South 536.4 feet; thence East 320 feet, along the South 1/8 Line, to the North-South ¼ Line; thence East 200 feet, along the South 1/8 Line, thence North 958.4 feet; thence West 200 feet, to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is ninety-five thousand dollars ($95,000.00); 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 seventy-two thousand two hundred thirty-five and 82/100 dollars ($72,235.82) and that all other costs and expenses of said improvement amounting to twenty-two thousand seven hundred sixty-four and 18/100 dollars ($22,764.18) 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 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.)

2001 Shreeve Street Improvement

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

SHREEVE STREET from Novak Street to Dauer Street

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

“2001 SHREEVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

SHREEVE STREET from Novak Street to Dauer Street

Commencing at the Northeast Corner of the Northwest ¼ of the Northeast ¼ of Section 14, T. 14 N., R. 2 E., City of Midland, Michigan; thence West 445.5 feet, along the North Section Line; thence South 297 feet, along the westerly right of way line of Dauer Street, to the Point of Beginning; thence South 263 feet, along the westerly right of way line of Dauer Street; thence West 241.25 feet; thence South 100 feet; thence West 81.93 feet; thence North 95 feet; thence West 160.34 feet, to the easterly right of way line of Novak Street; thence North 276.5 feet, along the easterly right of way line of Novak Street; thence East 145 feet; thence South 8.5 feet; thence East 335.5 feet, to the Point of Beginning; 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 eleven thousand seven hundred seventy-three and 30/100 dollars ($11,773.30) and that all other costs and expenses of said improvement amounting to twenty-three thousand seven hundred twenty-six and 70/100 dollars ($23,726.70) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

Vacation of Walkway – Cones Court

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

WHEREAS, the Midland City Council, acting upon the request of Dennis and Thayer Raleigh and Allen and Dixie Fairbank, for the vacation of the walkway at the west end of Cones Court between Lots 16 and 17 of Cones Subdivision, referred the matter to the Midland City Planning Commission, the City Engineer, and the Director of Public Services for report and recommendation; and

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

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

WHEREAS, a report has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of the walkway at the west end of Cones Court between Lots 16 and 17 of Cones Subdivision; and

RESOLVED FURTHER, that the 9^th day of July, 2001, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said walkway, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing. (Motion adopted.)

Zoning Petition No. 476

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 9, 2001, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to mail notice of said public hearing to owners of real property originally notified of the Planning Commission public hearing on this matter.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SUR-ROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE-SERVICE 1 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-1 DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

That property described as: Lots 1, 41 and 42 of Cutler Subdivision, and Commencing at the intersection of the North One-eighth line and the west Section line of the Southwest Quarter of the Northwest Quarter of Section 4, T14N, R2E, running thence South 660 feet; thence East 287 feet to the Point of Beginning; thence South 320 feet; thence East 134 feet; thence North 320 feet; thence West 134 feet to the Point of Beginning,

be, and the same is hereby changed to an Office-Service 1 District.

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

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

2001 Sidewalk Improvement Special Assessment Roll

The following resolution was 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 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the ninth day of July, 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 ninth day of July, 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.)

NEW BUSINESS

Council confirmed that a pre-audit meeting would be held with Plante & Moran, the City’s auditors, on July 9, 2001, at 6:00 p.m.

Council Member McKeag indicated he would like to see posting of signage at each entrance to the City that would indicate the penalty for littering.

Council Member Currie indicated she would like to see the Boards and Commissions application process revamped.

Being no further business the meeting adjourned at 8:18 p.m.

______________________________________

Penny K. Kovacevich, City Clerk