April 8, 2002

 

A regular meeting of the City Council was held on Monday, April 8, 2002, 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, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the March 14, 2002 special, March 18, 2002 regular, March 19, 2002 special and March 25, 2002 special meetings was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

CPI Engineering Services, Inc. – IFT

Kathleen Paul, City Assessor, presented information on a request from CPI Engineering Services, Inc. for an Industrial Facilities Exemption Certificate.  A public hearing opened at 7:06 p.m.  Robert Lyons, Project Manager for CPI Engineering Services and Christine Greve, Economic Development Manager with the Midland Economic Development Council, spoke in support of the request to grant CPI Engineering Services an Industrial Facilities Exemption.  The hearing closed at 7:15 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the STOX Industrial Development District No. 1 was established by resolution of the Midland City Council on July 1, 1985; and       

WHEREAS, CPI Engineering Services, Inc. made an application dated January 25, 2002, which was received by the City Clerk on February 4, 2002, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $2,831,000, which consist of $1,725,000 in land and building improvements and $1,106,000 in personal property and will provide for new growth and profitability in CPI Engineering’s existing business and provide a stable base from which to grow its synthetic compressor lubricant business with the same being located within the STOX Industrial Development District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on April 8, 2002, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district or an industrial rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district or an industrial plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by CPI Engineering Services, Inc. considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from CPI Engineering Services, Inc. for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2014; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and CPI Engineering Services, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

Zoning Petition No. 482

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 482 – rezoning property at 1983 Penrod Road from Township Zoning to Residential A-1.  A public hearing opened at 7:21 p.m., no comments were made, the hearing closed at 7:22 p.m.  The following ordinance was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1529

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 A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE HOMER TOWNSHIP ZONING 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:

Commencing 740 feet North and 123 feet West of the East ¼ 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,

  be, and the same is hereby changed to a Residential A-1.

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.)

 

Zoning Petition No. 483

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 483 – rezoning property at 1610, 1616 and 1728 North Dublin Road from Township Zoning to Residential A-1.  A public hearing was opened at 7:26 p.m., no comments were made, the hearing closed at 7:27 p.m.  The following ordinance was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

ORDINANCE NO. 1530

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 A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE LARKIN TOWNSHIP ZONING 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:

Commencing at a point 1089 feet North of the Southwest corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 330 feet; thence North 80 feet, thence West 330 feet; thence South 80 feet to the Point of Beginning, and

Commencing at a point 1169 feet North of the Southwest corner of Section 31, T15N R2E, Larkin Township, Midland County, Michigan, North 138 feet, East 330 feet, South 138 feet, West 330 feet to the Point of Beginning, and

Commencing at a point 330 feet South of the West ¼ corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 396 feet; thence South 165 feet, thence West 396 feet; thence North 165 feet to the Point of Beginning,

  be, and the same is hereby changed to a Residential A-1.

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.)

 

Zoning Petition No. 484

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 484 – rezoning property on the east side of Jefferson at Oakbrook Court from Township Zoning to Residential A-1.  A hearing opened at 7:33 p.m., no comments were made, the hearing closed at 7:34 p.m.  The following ordinance was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

ORDINANCE NO. 1531

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 A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE LARKIN TOWNSHIP ZONING 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:

Lot 1 and Lot 14 of Oakbrook Estates, according to the plat thereof, recorded in Liber N, Pages 23, 24, and 25, Midland County Records,

  be, and the same is hereby changed to a Residential A-1.

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.)

 

PUBLIC COMMENTS

Rodney Sweet, President of the City of Midland Firefighters Union, commented on the lack of CPR training for firefighters through the City of Midland.  In the past the City of Midland contracted with the American Red Cross for training of firefighters.  As of this date, schedules have not been offered for the training.  Mayor Black suggested that Mr. Sweet contact Karl Tomion, City Manager, to discuss the situation.

 

Planning Commission Appointment

Interviews of Planning Commission applicants were conducted.  Three candidates expressed interest in the Commission, Roy Green, Joe Rokosz and Pat Max.  Mr. Rokosz was present and expressed his desire to serve on the Planning Commission.  Mr. Max submitted in writing regrets that he could not attend the interview but expressed his desire to also serve on the Planning Commission.  Council Member Wazbinski brought up the fact that Mr. Max resides in Ward 2 and presently the Planning Commission does not have a commission member from Ward 2.  After considerable discussion, Council agreed that Mr. Max appeared to be the most qualified to serve on the Planning Commission.  Council expressed its appreciation to Mr. Rokosz for his willingness to serve and indicated that Mr. Rokosz’s name would remain on the list for future appointments to the Planning Commission.  The following resolution was offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that Pat Max is hereby appointed as a Citizen-at-Large member to the Planning Commission to fill an unexpired term expiring June 30, 2003, to be effective immediately.  (Motion adopted.)

 

Proposed 2002-03 Budget

Robert Fisher, Director of Fiscal Services, presented the City Manager’s proposed budget for the 2002-03 fiscal year.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2002-03 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 2002-03 budget shall be conducted on Monday, April 22, 2002 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 2002-03 budget shall be conducted on Monday, May 6, 2002 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2002-03 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2001-02 budget and the 2002-03 proposed budget.  (Motion adopted.)

 

Preliminary Plat of Tri City Commerce Park

Jon Lynch, Director of Planning and Community Development, presented information on the Preliminary Plat of Tri City Commerce Park.  Alex Irigoyen, 3717 Woodlawn, spoke on behalf of the owner Nicolaos A. Rapanos, requesting tentative and final approval of the preliminary plat.   The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Tri City Commerce Park; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, in accord with the provisions of Section 23-80 of the Subdivision Ordinance, variances are requested to permit the access drive on Bay City Road to be located less than 800 linear feet from Rockwell Drive on the west and the US-10 ramp to the east; now therefore

RESOLVED, that the City Council finds justification to permit a Bay City Road access into the site which is less than 800 feet from Rockwell Drive and the US-10 on ramp hereby gives tentative and final approval to the Preliminary Plat of Tri City Commerce Park with the following conditions: fire safety requirements as outlined in staff report to the Planning Commission dated March 5, 2002; storm water retention, drainage and easement requirements as identified by the City Engineering Department; and curb cut into adjoining property.  (Motion adopted.)

 

Annexation from Homer Township – E. Saginaw Road

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

 

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

COMMENCING AT THE CENTER OF SECTION 1, T14N R1E; RUNNING THENCE SOUTH 2 DEGREES 19 MINUTES WEST 1183.23 FEET TO THE NORTH RIGHT OF WAY LINE OF NORTH SAGINAW ROAD (OLD U.S. 10); THENCE NORTH 54 DEGREES 52 MINUTES WEST 200 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH PARALLEL TO THE NORTH-SOUTH ¼ LINE OF SAID SECTION 1 TO THE EAST AND WEST ¼ LINE OF SAID SECTION 1; THENCE EAST TO THE PLACE OF BEGINNING, BEING A PART OF THE NE ¼ OF THE SW ¼ SEC 1 T14N R1E

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, other than the petitioners, 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 Homer; 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.)

 

Purchase of House at 1003 Gordon Street

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

 

WHEREAS, an appraisal has been completed establishing a value of $28,000 for the house and land at 1003 Gordon Street in the City of Midland; and

WHEREAS, a purchase agreement has been executed for the purchase of the house at 1003 Gordon Street in the amount of $28,000; and

WHEREAS, the present owners of the property, Tom and Betty Slomkoski, have also agreed to this purchase price; and

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

WHEREAS, the property at 1003 Gordon Street will be used for affordable housing; now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using CDBG funds; and

RESOLVED FURTHER, that the City Council hereby determines that the requirement for sealed proposals for the purchase of said property is impractical, and is waived in accord with Section 2-18 of the Code of Ordinances.  (Motion adopted.)

 


Frederick Resignation – West Main Street Historic District Commission

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

 

RESOLVED, that the resignation of Max Frederick as a member of the West Main Street Historic District Commission, effective immediately, is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Frederick for his service on this important Commission.  (Motion adopted.)

 

Downtown Development Authority Appointment - Cooley

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Jody Cooley as the Resident Representative to the Downtown Development Authority for a term to expire May 1, 2003.  (Motion adopted.)

 

Midland Soccer Club – Fireworks Display Request

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

 

RESOLVED, that the request of the Midland Soccer Club to conduct a fireworks display on Saturday, May 11, 2002, at approximately 9:15 p.m. at the Midland Soccer Complex is hereby approved subject to meeting the following requirements:

(Motion adopted.)

 

DART–Transportation Coordinator & Intent to Apply for Federal and State Assistance

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

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2003 and, therefore it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the 10c (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $550,011 in state operating assistance funds; an estimated $132,220 in federal 49 USC 5311 operating assistance funds; and an estimated $117,500 in federal USC 5309 capital assistance for state fiscal year 2003; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  (Motion adopted.)

 

Ariel Photography Services

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for aerial photography services; and

WHEREAS, funding for these services is being provided by the General Fund, Water Fund and Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Kucera International, Inc. of Willoughby, Ohio, for Bid No. 2567, Aerial Photography Services, in the indicated amount of $58,560.00 is hereby accepted and that the purchasing agent is hereby authorized to issue a purchase order for said services.  (Motion adopted.)

 

2002 Washington & Patrick Water Main Replacement; Contract No. 7

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of water mains on Washington Street from Saginaw Road to Airfield Lane, on Washington Street from Wheeler Street to 1200 feet south and on Patrick Road from Bayliss Street to the K-Mart driveway; and

WHEREAS, funding for this project is provided by the Water Fund (Project Number WD0104 and WD0203); now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2002 Washington & Patrick Water Main Replacement; Contract No. 7", in the indicated amount of $268,732.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 

2002 Surface Treatment Program; Contract No. 4

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the adjusted low sealed proposal submitted by Terry Construction, Inc. of Hamilton, Ohio, for the "2002 Surface Treatment Program; Contract No. 4", in the indicated amount of $403,130.35, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 


2001 Nelson Area Pump Station; Contract No. 19 Change Order No. 2

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

 

WHEREAS, on April 23, 2001, City Council awarded a contract to Gerace Construction Company of Midland, Michigan for the 2001 Nelson Area Pump Station, Contract No. 19 for the installation of a sanitary sewage pump station at the northeast quadrant of the Ashman Circle; and

WHEREAS, the City of Midland desires to have the street and sidewalk areas at the northeast quadrant of the Ashman Circle reconstructed, final landscape grading around the pump station completed and the installation of an automatic electric starter for the ventilation system at the pumping station; and

WHEREAS, Gerace Construction Company has submitted costs associated with said extra work; and

WHEREAS, a report has been received from the City Engineer recommending that the required revisions be completed as outlined in Change Order No. 2 to the 2001 Nelson Area Pump Station, Contract No. 19; and

WHEREAS, the summary amount of contract changes increases the project cost by  $40,861.05; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 2 to the 2001 Nelson Area Pump Station; Contract No. 19, in the amount of $40,861.05.  (Motion adopted.)

 

Purchase – John Deere 6405 Tractor

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

 

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 John Deere 6405 Tractor, with trade-in, Bid No. 2559; and

WHEREAS, the cost of the new tractor will be paid by both the Equipment Revolving and Landfill funds and sufficient funding is included in the 2001-02 budget for each fund under Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Heritage Equipment of Clare, Michigan in the net amount of $30,330.70 for the purchase of a John Deere 6405 tractor, including trade-in of city equipment number 4-61, in accordance with the proposal and city specifications.  (Motion adopted.)

 

2002 Sidewalk Replacement Program

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the 2002 “Sidewalk Replacement Program”, Bid No. 2563; and

WHEREAS, funding for this project in the amount of $50,000.00 is included in the 2001-02 Fiscal Year General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sugar Construction of Midland, Michigan in the amount of $50,000.00 for sidewalk replacement from April 2002 through June 2002, in accordance with the proposal and city specifications, and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to Sugar Construction in the amount of $53,330.00 for sidewalk replacement from July 2002 through December 2002 provided that funds are appropriated.  (Motion adopted.)

 

Currie Clubhouse Food Concession – Rejected Bid

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

 

WHEREAS, the City of Midland desires to have a food concession operation in the Currie Clubhouse; and

WHEREAS, sealed proposals were advertised and received in accord with Article II Chapter 2 of the Midland Code of Ordinances for bids to operate a food concession; and

WHEREAS, a single bid was received from Jackie Jacobs Catering; and

WHEREAS, the staff has concluded that the bid is not in the best interest of the City; and

WHEREAS, other contractors have subsequent to the bid deadline, expressed interest; now therefore

RESOLVED, that the bid of Jackie Jacobs Catering is hereby rejected; and

RESOLVED FURTHER, that the bid process in this instance is impractical and the staff is authorized to negotiate with other interested vendors including the single bidder to achieve an arrangement beneficial to the City.  (Motion adopted.)

 

St. Charles Park Phase II Drainage Project

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the St. Charles Park Phase II drainage project, Bid No. 2518; and

WHEREAS, sufficient funding for the project is included in the donated funds for the St. Charles softball complex; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Pat’s Gradall of Midland, Michigan in the amount of $99,902 in accordance with the proposal and city specifications.  (Motion adopted.)

 

Currie Clubhouse Contract – Change Orders #3 & #4

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

 

RESOLVED, that Change Orders #3 and #4 with the total amount of $29,181 are hereby approved, amending the contract with Majestic Construction for the Currie Clubhouse which was approved on May 7, 2001; and

RESOLVED FURTHER, that the City Manager be authorized and directed to execute the Change Order on behalf of the City of Midland.  (Motion adopted.)

 

2002 Sidewalk Improvement Program (Setting Hearing of Necessity)

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

            Wheeler Street (north side)         Russell Street to Claremont Street

; and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the “2002 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

WHEELER STREET (north side)   Russell Street to Claremont Street

Beginning at the Southeast Corner of the Southeast ¼ of the Southwest ¼ of Section 4, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 191 feet, along the North-South ¼ Line; thence West 363 feet; thence South 26 feet; thence West 189.5 feet, to the easterly right of way line of Russell Street; thence South 165 feet, along the easterly right of way line of Russell Street; thence East 552.5 feet, along the south section line, to the point of beginning; ALSO; The South 165 feet of the Southeast ¼ of Section 4, T. 14 N., R. 2 E., City of Midland, Michigan, except the right of way for Morning Way;  ALSO;  Lots 8 thru 27 of Jefferson Acres Subdivision in the City of Midland, Michigan; ALSO;  Lots 220 and 240 thru 246 of Jefferson Acres Subdivision No. 1, being a Replat of Outlots A, B & C of Jefferson Acres Subdivision in the City of Midland, Michigan; ALSO;  The South 200 feet of the Southwest ¼ of the Southeast ¼ of Section 3, T. 14 N., R. 2 E., City of Midland, Michigan; ALSO;  Beginning at the Southwest corner of the Southeast ¼ of the Southeast ¼ of Section 3, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 264 feet; thence East 330 feet; thence South 100 feet; thence East 165 feet, to the westerly right of way line of Claremont Street; thence South 164 feet, along the westerly right of way line of Claremont Street; thence West 495 feet, along the south section line, to the point of beginning. 

; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said street as before listed, and the total estimated cost and expense thereof is seventy-three thousand one hundred ten dollars ($73,110); 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 forty-eight thousand nine hundred thirty dollars ($48,930) and that all other costs and expenses of said improvement amounting to twenty-four thousand one hundred eighty dollars ($24,180) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 6, 2002 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, at 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.)

 

CDBG Proposed 2001-02 Budget Amendment

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council on Monday, April 22, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering amendments to the Community Development Block Grant Budget for the City of Midland for fiscal year 2001-02 by transferring funds as follows:

Transfer from:                                                           Amount

Midland Economic Development Council               $100,000

Rehab. of 1112 Michigan Street                                  75,000

Affordable Housing Alliance                                        25,000

      (Granite Club Acres)    

                                TOTAL                                                $200,000

Transfer to:

Washington Woods - Elevators                              $ 75,000

Affordable Housing Alliance                                      125,000

        (M-20 property)

                    TOTAL                                                            $200,000

(Motion adopted.)

 

Proposed 2002-03 CDBG Budget

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

 

WHEREAS, the City of Midland will receive $336,000 in Community Development Block Grant funds for fiscal year 2002-03; and

WHEREAS, an anticipated fund balance of $188,000 will be carried over into the fiscal year; and

WHEREAS, $80,000 is expected to be received in program income during the fiscal year; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on April 22, 2002, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table.  (Motion adopted.)

 

Scheduling Joint Meeting with West Main Street Historic District Commission

Council directed City Manager Karl Tomion to coordinate dates with the West Main Street Historic District Commission for a joint meeting.  Council gave three possible dates to look at; June 12th, 17th or 18th at 7:00 p.m.

 

 

Being no further business the meeting adjourned at 9:00 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk