August 13, 2001

 

A regular meeting of the City Council was held on Monday, August 13, 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 July 23, 2001 regular meeting was offered by Council Member Coppage and seconded by Council Member Currie.  (Motion adopted.)

 

Zoning Petition No. 479

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 479 – rezoning property between Austin Street and Bay City Road west of Plumer Street from Business C to Industrial A.  The Planning Commission recommended approval of the rezoning.  A public hearing was opened at 7:15 p.m.  John Popp, 2741 East Ashby Road, owner of said property, requested that Council support his request.  The hearing closed at 7:20 p.m.   The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1515

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN INDUSTRIAL A ZONING CLASSIFICATION WHERE A BUSINESS C 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 6, 7, 8, 9, 10, 16, 17, 18, and 22, and the North half of Lots 20, 21, and 23, all in Block A of Plumer’s Addition to the City of Midland,

be, and the same is hereby changed to an Industrial A District.

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

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

 

2001 Waldo Court Improvement Hearing of Necessity

Brian McManus, City Engineer, presented information on the proposed 2001 Waldo Court Improvement.  A public hearing was opened at 7:31 p.m.  Mark Roberts, 1400 Waldo Court, Mike Williams, 1388 Waldo Court, Nancy Wietfeldt, 1410 Waldo Court and Nathan Hale, 1457 Waldo Court, all agreed that they were interested in paving but felt that the cost was too prohibitive.  The hearing closed at 7:35 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 improve a certain street, said improvement being more particularly described in a resolution dated July 23, 2001, said street being:

                   WALDO COURT                        from Saginaw Road to the south 1/8 line

and has heretofore established one special assessment district designated:

“2001 WALDO COURT IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 13, 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 improvement of Waldo Court 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 heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of one hundred eighty thousand dollars ($180,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be forty-eight thousand eight hundred seventy-nine and 40/100 dollars ($48,879.40) and that all other costs and expenses of said improvement amounting to one hundred thirty-one thousand one hundred twenty and 60/100 dollars ($131,120.60) shall be borne and paid by special assessment on all lands and premises in said “2001 Waldo Court 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 WALDO COURT 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 improvements, computed as near as practicable on a front foot basis.  (Motion denied.  Yeas:  None   Nays:  Black, Coppage, Currie, McKeag, Wazbinski)

 

PUBLIC COMMENTS

No comments were made.

 

Parks & Recreation Commission Ordinance Amendment  (Number of Members)

Martin McGuire, Director of Public Services, presented information on a request to increase the number of members on the Parks and Recreation Commission from seven to nine.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1516

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 17-1 OF ARTICLE I OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.  Section 17-1 of Article I of Chapter 17 of the Code of Ordinances is hereby amended to read as follows:

Sec. 17-1. Parks and recreation commission‑‑Created; composition; qualifications of members.

            There is hereby created an advisory parks and recreation commission. Such commission shall consist of a minimum of five (5) and/or a maximum of nine (9) members, who shall be qualified by experience and shall have evidenced interest in the development of park and recreation services for public use.

Section 2.  This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Parks & Recreation Commission Term Specifications (1st Reading)

Council Member Wazbinski moved, seconded by Council Member Coppage, the following first reading of an ordinance to amend Section 17-3 of Article I of Chapter 17 which would specify terms of new appointees to the Parks and Recreation Commission:

 

ORDINANCE NO. ___

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 17-3 OF ARTICLE I OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.        Sec. 17-3 is hereby amended to read as follows:

Sec. 17-3.  Same -- Term of office; appointment.

                 Commissioners of the parks and recreation commission shall be appointed by the city council for a term of three (3) years commencing July 1, 1947, with vacancies occurring each year except, that for the first appointment, two (2) members shall be appointed for three (3) years, two (2) members for two (2) years and one (1) member for one year.  ADDITIONAL EXCEPTION:  FOR THE TWO MEMBERS WHOSE TERMS BEGIN JULY 1, 2001 AS A RESULT OF EXPANDING THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS, ONE (1) MEMBER SHALL BE APPOINTED FOR A THREE (3) YEAR TERM AND ONE (1) MEMBER SHALL BE APPOINTED FOR A TWO (2) YEAR TERM.

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

 

False Alarm Response Report

James St. Louis, Police Chief, presented a Police Department False Alarm Response Report.  Chapter 31, Police and Fire Alarms, gives authority to the Police Chief to require the disconnection of an alarm by the alarm subscriber if an excessive number of false alarms are responded to at the alarm location.   According to the report, the majority of false alarm responses within the City of Midland are located at commercial/business locations, primarily during morning business opening hours and evening hours.  The Police Chief recommended that the Police Department continue its educational program in its effort to educate the public on false alarm responses.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the Police Department False Alarm Response Report be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Noise Ordinance Violation Enforcement Report

James Branson, City Attorney, presented a report on Noise Ordinance Violation Enforcement.  According to the report, there are currently three ordinances in regards to noise violations within the City of Midland, specifically, Sections 16-28 and 16-29.  Violations of these sections are misdemeanor offenses punishable by a fine of up to $500 and/or 90 days in jail.  Section 90a of the Uniform Traffic Code is a civil infraction punishable by a minimum fine of $50.00, with the average fine being $100.00.  Mr. Branson recommended continuing the current enforcement of violations of the noise ordinance including both the misdemeanor and the civil infraction charges.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

RESOLVED, that the noise ordinance violation staff report be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Henry Holthof, 3113 Shreeve Street, opposed the inappropriateness of the misdemeanor offense.  George Whittaker, 116 Harrison Street, supported the current ordinance.

 

Mayor Black called for a short break at 9:38 p.m.  The meeting reconvened at 9:45 p.m.

 

Uniform Notification Standards for Public Hearing Notification Requirements

Jon Lynch, Director of Planning and Community Development, presented a report prepared by staff outlining the notification requirements for public hearings conducted on local zoning matters.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

RESOLVED, that the City Council hereby refers to the Planning Commission for review and recommendation the matter of uniform notification standards for public hearing notification requirements for the various public hearings conducted by the Planning Commission.  (Motion adopted.)

 

St. Charles Softball Complex – Donation of Funds

Martin McGuire, Director of Public Services, presented information on the acceptance of donations for the St. Charles Softball Complex.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that the City Council hereby accepts the generous gifts of $400,00 from the Herbert H. and Grace A. Dow Foundation, $250,000 from the Rollin M. Gerstacker Foundation and $50,000 from the Charles J. Strosacker Foundation for the St. Charles Softball Complex, expresses the gratitude of the citizens of Midland to the donors, and orders that the proceeds thereof be deposited in the St. Charles Softball Fields Improvement project (GG0107) in the Capital Projects Fund.  (Motion adopted.)

 

General Obligation Limited Tax Sewer System Improvement Bonds

Robert Fisher, Director of Fiscal Services, presented information on the issuance of General Obligation Limited Tax Bonds, Series 2001 in the principal sum not to exceed $6,000,000.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

         WHEREAS, pursuant to the provisions of Act 451, Public Acts of Michigan, 1994 (“Act 451”), when the Michigan Department of Environmental Quality (“MDEQ”) has ordered  the installation, construction, alteration, improvement or operation of a sewage system, solid waste facility or waterworks system in a municipality, and the plans therefor have been prepared and approved by the state department or commission having the authority by law to grant the approval, the legislative body of the municipality may issue and sell the necessary bonds for the construction, installation, alteration, operation or improvement thereof, including the treatment works and such other facilities as may be so ordered or set forth in the order as being necessary to provide for the effective operation of the system; and

         WHEREAS, the City of Midland  (the “Issuer”), pursuant to Administrative Consent Order ACO-SW99-14, entered September 1, 1999, as now in force or hereafter amended (the “Order”), is required to make certain modifications to its sanitary sewer collection system, which improvements are necessary in order for the City to meet its obligations under relevant federal and state law; and

         WHEREAS, the Issuer desires to comply with the Order and to make the improvements required thereby (the “Project”); and

         WHEREAS, the Project is necessary to preserve and protect the public health and to meet an urgent and imperative need for sewer facilities within the service area of the City; and

         WHEREAS, the Project qualifies for the State of Michigan Revolving Loan Fund financing program being administered by the Michigan Municipal Bond Authority (“MMBA”) and MDEQ, whereby the bonds of the Issuer are sold to the MMBA and bear interest at a fixed rate of interest per annum; and

         WHEREAS, in pursuance of the authority granted by Act 451 the Issuer desires to issue and sell the necessary bonds to the MMBA to pay part of the cost of the Project; and

         WHEREAS, it is the determination of the City Council that at this time limited tax general obligation bonds in the principal amount of not to exceed Six Million Dollars ($6,000,000) should be issued to pay part of the costs of the Project; and

         WHEREAS, Chapter III, Section 12(d) of Act 202, Public Acts of Michigan, 1943, as amended (“Act 202”), permits a municipality to authorize, within limitations which shall be contained in the authorizing resolution of the governing body, its officers to sell and deliver and receive payment for obligations, and to approve interest rates or methods for fixing interest rates, prices, discounts, maturities, principal amounts, denominations, dates of issuance, interest payment dates, redemption rights, place of delivery and payment, and other matters and procedures necessary to complete an authorized transaction.

         NOW, THEREFORE, BE IT RESOLVED THAT:

         1.      Bonds of the Issuer designated GENERAL OBLIGATION LIMITED TAX SEWER SYSTEM IMPROVEMENT BONDS, SERIES 2001 (the “Bonds”) are authorized to be issued in the aggregate principal sum of not to exceed Six Million Dollars ($6,000,000) for the purpose of paying part of the cost of the Project, including the cost incidental to the issuance, sale and delivery of the Bonds and, if necessary capitalized interest expense.  The Bonds shall be in the form of a single fully-registered, nonconvertible bond of the denomination of the full principal amount thereof, dated as of the date of delivery of the Bond, payable in principal installments serially on April 1 of each year beginning April 1, 2003, and as set forth on Schedule A to the Bond form contained in this Resolution, as finally determined by the City Manager at the time of sale of the Bonds and approved by the MMBA and MDEQ.  Final determination of the Principal Amount and the payment dates and amounts of principal installments of the Bonds shall be evidenced by execution of a Purchase Contract (the “Purchase Contract”) between the Issuer and the MMBA providing for sale of the Bonds, and the City Manager or the City Clerk (the “Authorized Officers”) are authorized and directed to execute and deliver the Purchase Contract when it is in final form and to make the determinations set forth above.

The Bonds or principal installments thereof will be subject to prepayment prior to maturity in the manner and at the times as provided in the form of Bond contained in this Resolution or as may be approved by the Authorized Officers at the time of sale of the Bonds or by the MMBA at the time of prepayment.

         The Bonds shall bear interest at a rate of two and one-half percent (2.5%) per annum on the par value thereof or at such lower rate of interest as evidenced by execution of the Purchase Contract, and either of or both of the Authorized Officers shall deliver the Bonds in accordance with the delivery instructions of the MMBA.

         The Bond principal amount is expected to be drawn down by the Issuer periodically, and interest on principal amount shall accrue from the date such principal amount is drawn down by the Issuer. The Bonds shall not be convertible or exchangeable into more than one fully‑registered bond.  Principal of and interest on the Bonds shall be payable as provided in the Bond form in this Resolution.

         The City Treasurer shall record on the registration books payment by the Issuer of each installment of principal or interest or both when made and the canceled checks or other records evidencing such payments shall be returned to and retained by the City Treasurer.

         Upon payment by the Issuer of all outstanding principal of and interest on the Bonds, the MMBA shall deliver the Bonds to the Issuer for cancellation.

         2.      The Bonds of this issue shall be executed in the name of the Issuer with the manual or facsimile signatures of the Mayor and Clerk of the Issuer and shall have the seal of the Issuer, or a facsimile thereof, printed or impressed on the Bonds.  If the Bonds shall bear facsimile signatures, no Bond shall be valid until authenticated by an authorized officer or representative of the Transfer Agent.

         3.      The City Treasurer is authorized and directed to open a separate depositary account with a bank or trust company designated by the City Treasurer, to be designated GENERAL OBLIGATION LIMITED TAX SEWER SYSTEM IMPROVEMENT BONDS, SERIES 2001 DEBT RETIREMENT FUND (the “Debt Retirement Fund”), the moneys to be deposited into the Debt Retirement Fund to be specifically earmarked and used solely for the purpose of paying principal of and interest on the Bonds as they mature.  Bond proceeds in amounts sufficient to pay all or part of any interest due on the Bonds as may be determined by MDEQ shall be deposited in the Debt Retirement Fund.  All proceeds from taxes levied for the Debt Retirement Fund shall be deposited into the Debt Retirement Fund as collected.  Commencing with the fiscal year 2001, the Issuer shall provide in its budget each year until the Bonds are paid, in the manner provided by the provisions of Act 202, an amount sufficient to promptly pay, when due, the principal of and interest on the Bonds becoming due prior to the next annual tax levy.  The limited tax full faith, credit and resources of the Issuer are hereby pledged for the prompt payment of the principal of and interest on the Bonds as they become due, which pledge shall include the Issuer’s obligation to pay from its general funds as a first budget obligation said principal and interest and, if necessary, to levy ad valorem taxes on all taxable property in the Issuer, within applicable constitutional, statutory and charter tax rate limitations.

         4.      The City Treasurer is authorized and directed to open a separate depositary account with a bank or trust company designated by the City Treasurer, to be designated GENERAL OBLIGATION LIMITED TAX SEWER SYSTEM IMPROVEMENT BONDS, SERIES 2001 CONSTRUCTION FUND (the “Construction Fund”) and deposit into said Construction Fund the proceeds of the Bonds less capitalized interest, if any.  The moneys in the Construction Fund shall be used solely to pay the costs of the Project and the costs of issuance of the Bonds.

         5.      The Bonds shall be in substantially the following form, subject to such corrections or modifications which may be required by the MMBA and approved by bond counsel:

 

UNITED STATES OF AMERICA

STATE OF MICHIGAN

COUNTIES OF MIDLAND AND BAY

 

CITY OF MIDLAND

GENERAL OBLIGATION LIMITED TAX SEWER SYSTEM IMPROVEMENT BONDS

SERIES 2001

 

 

REGISTERED OWNER:        Michigan Municipal Bond Authority

PRINCIPAL AMOUNT:            ____________________________ Dollars ($__________)

DATE OF ORIGINAL ISSUE:  _______________, 2001

The CITY OF MIDLAND, Counties of Midland and Bay, State of Michigan (the “City”), for value received, hereby promises to pay to the Michigan Municipal Bond Authority (the “Authority”), or registered assigns, the Principal Amount shown above, or such portion thereof as shall have been advanced to the City pursuant to a Purchase Contract between the City and the Authority and a Supplemental Agreement by and among the City, the Authority and the State of Michigan acting through the Department of Environmental Quality, in lawful money of the United States of America, unless prepaid prior thereto as hereinafter provided.

During the time the Principal Amount is being drawn down by the City under this bond, the Authority will periodically provide to the City a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the City of its obligation to repay the outstanding Principal Amount actually advanced, all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of this bond.

The Principal Amount shall be payable on the dates and in the annual principal installment amounts set forth in Schedule A attached hereto and made a part hereof, as such Schedule may be adjusted if less than $6,000,000 is disbursed to the City or if a portion of the Principal Amount is prepaid as provided below, with interest on said principal installments from the date each said installment is delivered to the holder hereof until paid at the rate of two and  _______ percent (2.__%) per annum.  Interest is first payable on April 1, 2002, and semiannually thereafter on the first day of October and April of each year, as identified in the Order of Approval of the Department of Environmental Quality.

Notwithstanding any other provision of this bond, as long as the Authority is the owner of this bond, (a) this bond is payable as to principal, premium, if any, and interest at Bank One Trust Company, National Association, or at such other place as shall be designated in writing to the City by the Authority (the “Authority’s Depository”); (b) the City agrees that it will deposit with the Authority’s Depository payments of the principal of, premium, if any, and interest on this bond in immediately available funds at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; and (c) written notice of any redemption of this bond shall be given by the City and received by the Authority’s Depository at least 40 days prior to the date on which such redemption is to be made.

Additional Interest

In the event of a default in the payment of principal or interest hereon when due, whether at maturity, by redemption or otherwise, the amount of such default shall bear interest (the “additional interest”) at a rate equal to the rate of interest which is two percent above the Authority’s cost of providing funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of the maximum rate of interest permitted by law.  The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a consequence of the City’s default.  Such additional interest shall be payable on the interest payment date following demand of the Authority.  In the event that (for reasons other than the default in the payment of any municipal obligation purchased by the Authority) the investment of amounts in the reserve account established by the Authority for the bonds of the Authority issued to provide funds to purchase this bond fails to provide sufficient available funds (together with any other funds which may be made available for such purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account, the City shall and hereby agrees to pay on demand only the City’s pro rata share (as determined by the Authority) of such deficiency as additional interest on this bond.

This bond is the single, fully-registered, non-convertible bond in the principal sum of $6,000,000, issued for the purpose of paying the cost of certain modifications to the sanitary sewer system of the Issuer and paying costs incidental to the issuance of the bonds, in pursuance of the authority granted under Act 451, Public Acts of Michigan, 1994, as amended duly adopted by the City Council of the Issuer, and pursuant to an administrative consent order entered against the City by the Michigan Department of Environmental Quality, as now in force or hereafter amended.

Bonds may be subject to redemption prior to maturity by the City only with the prior written consent of the Authority and on such terms as may be required by the Authority.

This bond, including the interest hereon, is payable as a first budget obligation from the general funds of the City, and the City is required, if necessary, to levy ad valorem taxes on all taxable property in the City for the payment thereof, subject to applicable constitutional, statutory and charter tax rate limitations.

This bond is transferable only upon the registration books of the Issuer by the registered owner of record in person, or by the registered owner’s attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer satisfactory to the Issuer duly executed by the registered owner or the registered owner’s attorney duly authorized in writing, and thereupon a new registered bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing this bond and upon the payment of the charges, if any, therein prescribed.

It is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of the Issuer, including this bond and the series of bonds of which this is one, does not exceed any constitutional, statutory or charter debt limitation.

IN WITNESS WHEREOF, the City of Midland, Counties of Midland and Bay, State of Michigan, by its City Council, has caused this Bond to be signed in the name of the City by the facsimile signatures of its Mayor and Clerk and its corporate seal or a facsimile thereof to be printed or impressed hereon, all as of the Date of Original Issue.

CITY OF MIDLAND

Counties of Midland and Bay

State of Michigan

By____________________________

Its Mayor

 

(SEAL)

 

By____________________________

Its Clerk

 


SCHEDULE A

Repayment of the Principal Amount shall be made according to the following schedule until the full Principal Amount disbursed to the Issuer is repaid, unless prepaid as provided in the bond.  In event that the Principal Amount disbursed to the City is less than $6,000,000 or in event of prepayment of the bond, the Authority may prepare a new payment schedule which shall be approved by a resolution of the City Council.

 

Principal

Installment

Due on April 1

 

Amount of

Principal

Installment

 

2003

 

$235,000

2004

 

240,000

2005

 

245,000

2006

 

250,000

2007

 

260,000

2008

 

265,000

2009

 

270,000

2010

 

280,000

2011

 

285,000

2012

 

290,000

2013

 

300,000

2014

 

310,000

2015

 

315,000

2016

 

325,000

2017

 

335,000

2018

 

340,000

2019

 

350,000

2020

 

360,000

2021

 

370,000

2022

 

375,000

 

 

 

 

         6.      The estimated period of usefulness of the proposed Project is hereby declared to be not less than thirty (30) years and its total cost is estimated to be Six Million Dollars $6,000,000).

        7.      The Issuer shall not (i) invest, reinvest or accumulate any moneys deemed to be proceeds of the bonds pursuant to Sections 103(a) and 148 of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder, in such a manner as to cause the bonds to be “arbitrage bonds” within the meaning of said Sections 103(a) and 148 and the applicable regulations thereunder or (ii) take or refuse to take any lawful action which would cause the interest on the bonds to be included in gross income for federal income tax purposes.

         8.      The proposed forms of Purchase Contract between the City and the MMBA and Supplemental Agreement among the City, the MMBA and MDEQ are hereby approved, and the Mayor and the Authorized Officers, or any of them, are authorized and directed to execute such documents with such revisions permitted by law and not materially adverse to the Issuer as may be necessary or advisable to accomplish the sale of the Bonds to the MMBA as contemplated herein.

         9.  The Authorized Officers are hereby jointly or severally authorized to take any actions necessary to comply with requirements of the MMBA and MDEQ in connection with sale of the Bond to the MMBA including, if required, the execution of a Revenue Sharing Pledge Agreement.  The Authorized Officers are hereby jointly or severally authorized to execute and deliver such other certificates, documents, instruments, applications and other papers as may be required by the MMBA or MDEQ or as may be otherwise necessary or convenient to effect the approval, sale and delivery of the Bonds.

         10.    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.)

 

2001 MERS Annual Meeting – Officer Delegate

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

 

RESOLVED, that William Israel be appointed officer delegate and Robert Fisher be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 26 through 28, 2001, in Dearborn, Michigan.  (Motion adopted.)

 

Police & Fire Pension Plan Amendment

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

 

WHEREAS, all employees of the City of Midland Police and Fire Departments are covered for retirement pension purposes under Act 345 of Public Acts of 1937, as amended, applicable collective bargaining agreements, and ordinances; and

WHEREAS, Section 414(h)(2) of the Internal Revenue Code allows for exemption of employee contributions from income taxes, when the employer picks up such contributions; now therefore

RESOLVED, that Section 38.559(9)(1) of the City of Midland Police and Fire Fighters Retirement System established in accordance with Act 345 of Public Acts of 1937, is hereby amended by adding Subsection (a) as set forth:

Section 38.559(9)(1)a.   Police and Fire member contributions required by this section for all compensation    earned after the effective date of this subsection shall be picked up by the Employer.  The contributions so picked-up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code.  The employer shall pick-up the member contributions from payroll withholding, which funds would otherwise have been designated as member contributions and paid to the retirement system.  Member contributions picked-up by the Employer pursuant to this subsection shall be treated for all other purposes of this and other laws of the Employer in the same manner and to the same extent as member contributions made prior to the effective date of this subsection.  The member does not have the option of receiving the picked-up member contributions in cash instead of having it paid into the Retirement System.

; and

RESOLVED FURTHER, that the effective date of this subsection shall be September 1, 2001 and that, pursuant to Section 414(h)(2) of the United States Internal Revenue Code, the member contributions shall not be included in gross income for tax purposes until such time as they are distributed by refund or benefit payment.  (Motion adopted.)

 


Somerset Pines Site Condominium Pressure Sanitary Sewer System 

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

 

WHEREAS, Somerset Pines, L.L.C., has proposed to construct a pressure sewer system located at Somerset Pines Condominiums north of Airport Road and east of Dublin Road located in Section 31, T.15N-R2E; and

WHEREAS, primary responsibility for the effective and continuing operation and maintenance of said system will be assumed by Somerset Pines Site Condominium Co-Owners Association; and

WHEREAS, the City of Midland recognizes the need for effective and continued operation and maintenance of said system to protect the public health and prevent unlawful pollution of the surface and groundwaters of the State and to prevent the development of nuisance conditions; and

WHEREAS, the City of Midland recognizes and accepts the responsibilities established by State law and regulations adopted thereunder for provision of effective wastewater treatment systems for service to its residents; now therefore

RESOLVED, that the City of Midland shall assume responsibility for the effective and continued operation and maintenance of the proposed sewage system if Somerset Pines Site Condominium Co-Owners Association in any way fails to perform in this capacity.  The basis upon which this agreement (Pressure Sanitary Sewer and Water Agreement) has been established is attached and becomes a part of this resolution; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute said agreement.  (Motion adopted.)

 

Show Cause Hearing – Revocation of Giovanni’s Liquor License

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

 

WHEREAS, on March 19, 2001 the City Council received the City Manager’s annual report on liquor licenses in the City in accord with the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, Section 5.4(g) of said City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises states that a recommendation to revoke a liquor license can be made for non-use of a liquor license for a consecutive period of time of three (3) or more years from the time the liquor license is first placed into escrow with the Liquor Control Commission; and

WHEREAS, the City Manager’s annual report indicated that the liquor license held by Giovanni’s (B.B. Banucks) has been in escrow since July 15, 1998, and if it remained in escrow beyond July 15, 2001, said license would be in violation of Section 5.4(g) of the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, in a resolution adopted on March 19, 2001 the City Council directed the City Manager to initiate the revocation process if the Giovanni’s liquor license remained in escrow after July 15, 2001; and

WHEREAS, pursuant to Section 5 of the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, it is provided that a liquor license holder receive a notice of his/her right to have a show cause hearing before the City Council prior to any recommendation that the City Council may make to the Liquor Control Commission concerning revocation; now therefore

RESOLVED, that the City Council hereby sets Monday, September 10, 2001 at 7:00 p.m. for the purpose of conducting a show cause hearing as to why the City Council should not recommend revocation of the liquor license currently held by Giovanni’s (B.B. Banucks) to the Michigan Liquor Control Commission in accordance with the recommendation of the City Manager; and

RESOLVED FURTHER, that Giovanni’s (B.B. Banucks) be notified of said show cause hearing in accordance with the procedures set forth in Section 5.5 of said Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises.  (Motion adopted.)

 

Community Church of the Nazarene – Amplified Sound Request

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

 

RESOLVED, that the request from the Community Church of the Nazarene for amplified sound on church property from 12:00 noon – 3:00 p.m. on August 26, 2001, is hereby approved; and

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

 

Housing Construction Agreement with Midland Public Schools

Jon Lynch, Director of Planning and Community Development, presented information on a housing construction agreement with Midland Public Schools.   The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the Midland Public Schools administration has requested another joint project with the City of Midland by having students in the Building Trades Class provide the labor for the construction of a single-family residential structure; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, a project at 3512 West Wackerly Street has been selected and designed; and

WHEREAS, it has been determined that soliciting sealed bids is not an effective method of selling housing in the community; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City's Housing Program, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that staff is authorized to utilize funds from the Housing Commission Revolving Fund; and

RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical, and staff is authorized to sell the house on the open real estate market, based on the appraised value, utilizing staff resources, or by listing it for sale with a local realtor; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a Housing Construction Agreement between the City of Midland and the Midland Public Schools for this purpose.  (Motion adopted.)

 

2001 Mac & Shreeve Street Improvement; Contract No. 11

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the improvement of Mac Street from Saginaw Road to the end of the cul-de-sac and Shreeve Street from Novak Street to Dauer Street; and

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

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2001 Mac & Shreeve Street Improvement; Contract No. 11", in the indicated amount of $85,650.00, 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 Perrine Sanitary Sewer; Contract No. 15

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a sanitary sewer along Perrine Road from the south 1/8 line of section 31 to 960 feet north; and

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

RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "2001 Perrine Sanitary Sewer; Contract No. 15", in the indicated amount of $71,935.00, 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 Bay City Road Resurfacing; Contract No. 23

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the resurfacing of Bay City Road from Waldo Avenue to the Central Michigan Railroad tracks; and

WHEREAS, funding for this project is provided by a Transportation Economic Development Fund – Category F grant from the Michigan Department of Transportation and the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2001 Bay City Road Resurfacing; Contract No. 23", in the indicated amount of $124,783.40, 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.)

 

Ball Diamond Warning Track Materials

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 purchase of warning track material, Bid No. 2501; and

WHEREAS, funding for this material is included in the 2001-02 Capital budget for Recreation projects; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Prosource One Professional Products of Oakley, Michigan in the amount of $24,448, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Video Graphics System - MCTV

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 purchase of a video graphics system, Bid No. 2508; and

WHEREAS, the low bid submitted by Roscor Corporation in the amount of $28,515.99 is compliant with our needs and recommended for award; and

WHEREAS, funding for the video graphics system is included in the 2001-2002 Cable Communications Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Roscor Corporation of Mount Prospect, Illinois in the net amount of $28,515.99 for the purchase of a video graphics system, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Library Book Ordering & Processing Services

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and processing services for the Grace A. Dow Memorial Library; and

WHEREAS, the proposal submitted by Brodart Co. has been determined to produce the lowest net cost to the City with the purchase and processing of books for the Library; and

WHEREAS, funding is available in the 2001/2002 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2510 submitted by Brodart Co. for book ordering and processing services for the Grace A. Dow Memorial Library in an amount not to exceed $325,000 is hereby accepted and the necessary purchase order authorized.  (Motion adopted.)

 

MITCON – Antenna Agreement

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

 

WHEREAS, the Michigan Information Technologies Consortium (MITCON) was formed approximately April 2000 to provide leading edge computer network services to Midland area non-profit agencies; and

WHEREAS, it has been recommended by the wireless consultants that the City of Midland water towers would be ideal locations for antenna repeaters because these locations provide line of site access to all non-profit organizations within the City of Midland; and

WHEREAS, it is the opinion of staff that it is in the best interest of the City to join the consortium and provide access to the Jefferson water tower for the installation of these communication antennas; and

WHEREAS, the City of Midland desires to become a member of MITCON, and offset its membership with the inkind use of the tower; and

WHEREAS, the City Attorney has prepared a Release and Indemnification Agreement to hold the City harmless that would be executed by MITCON in exchange for the ability to locate antennas on the tower; now therefore

RESOLVED that the Mayor and City Clerk are hereby authorized to execute said Release and Indemnification Agreement with MITCON.  (Motion adopted.)

 

Clay Capping & Drainage Improvements - Landfill

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

 

WHEREAS, sealed bids for Clay Capping & Drainage Improvements, Bid No. 2500, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available in Landfill account number 517-9120-912.97-65 Construction Projects; now therefore

RESOLVED, that the low bid proposal submitted by Fisher Contracting Co. of Midland, Michigan in the amount of $142,105 is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Storage Basin Construction – Wastewater Treatment Plant

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

 

WHEREAS, the City of Midland entered into an Administrative Consent Order with the Michigan Department of Environmental Quality to construct a 43.5 million gallon storage basin; and

WHEREAS, the City procured a lease for the use of property owned by The Dow Chemical Company located to the adjacent west of the City of Midland’s Wastewater Treatment Plant in which to construct, operate, and maintain the storage basin; and

WHEREAS, sealed bids for Wastewater Treatment Plant Storage Basin Construction, Bid No. 2498, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, a condition of the SRF financing requires the City to award the contract for the construction of the project prior to the submission of the Part III application; and

WHEREAS, the City's consulting engineering for this project, Hubbell, Roth & Clark, has reviewed all bids and recommends that the low bid submitted by Fisher Contracting Co. of Midland, Michigan be accepted; now therefore

RESOLVED, that the low bid proposal submitted by Fisher Contracting Co. in the amount of $3,894,000 is hereby tentatively accepted, and the Mayor and City Clerk are authorized to execute the contract upon notification by the State of Michigan that State Revolving Fund (SRF)

Financing of the project is approved, and subject to the City Attorneys approval of the contract.  (Motion adopted.)

 

Engineering Services Agreement – Amendment No. 4 (Storage Basin)

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

 

WHEREAS, the City of Midland engaged the professional engineering services of Hubbell, Roth & Clark, Inc. through an Agreement for Engineering Services, Amendment No. 3, dated August 31, 1999 to prepare a project plan for a 43.5 mg storage basin, develop a detailed basis of design, and preparation of approvable plans and specifications for the storage basin; and

WHEREAS, the City of Midland did not anticipate the need for extensive soil stability work, site environmental investigations and Dam Safety Requirements estimated to cost an additional $137,000; and

WHEREAS, the City of Midland desires to include these costs in its application for State Revolving Loan financing; and

WHEREAS, funding is available in the Wastewater Fund Working Capital Account; now therefore

RESOLVED, that the City Council hereby approves Amendment No. 4 to the Agreement for Engineering Services between the City of Midland and Hubbell, Roth & Clark, Inc. and authorizes the Mayor and City Clerk to execute Amendment No. 4 in an amount not to exceed $137,000.  (Motion adopted.)

 

IFT Application – The Dow Chemical Company

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

 

RESOLVED, that an application dated July 10, 2001 was received July 10, 2001 from The Dow Chemical Company with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within The Dow Chemical Company Industrial Development District No. 2 (Rockwell Drive area) relating to new facilities including furniture and fixtures with the facility intended to create office space for relocating employees in the amount of $1,300,000 relating to new facility approval to allow further expansion in The Dow Chemical Company Industrial Development District No. 2 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday,

September 10, 2001, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Being no further business the meeting adjourned at 10:27 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk