July 15, 2002

A regular meeting of the City Council was held on Monday, July 15, 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 June 3, 2002 special, June 17, 2002 special, and June 24, 2002 special and regular meetings was offered by Council Member Wazbinski and seconded by Council Member Currie. (Motion adopted.)

Zoning Petition No. 492

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 492 – rezoning property located at 801 and 807 Ashman Street. A public hearing was opened at 7:14 p.m., no comments were made, the hearing closed at 7:14 p.m. The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

ORDINANCE NO. 1540

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 BUSINESS C ZONING WHERE A INDUSTRIAL A 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 8 and the southeasterly 56.12 feet of lot 7 Block C of Carpenter & Hines Addition.

be, and the same is hereby changed to Business C.

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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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

No comments were made.

Site Plan No. 214

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 214 – property located at 3100 Isabella Street west of Smith Road and east of Wildes Street. Roger Mikusek, Executive Director of Affordable Housing Alliance of Midland County, spoke in support of the project. James Pappas, architect of the project from Fusco, Shaffer & Pappas, Inc., indicated the playground would be constructed during phase one. Marsha Box, 3013 Riggie, spoke in opposition to the project. Council Member Griggs requested that he be allowed to abstain from voting because he is an Affordable Housing Alliance board member. Council unanimously agreed to the abstention. The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 214 for 22 units of affordable housing in 4 buildings that will be constructed in two phases on Chippewassee Court at 3100 Isabella Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 214 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 214, contingent upon the following conditions:

1. The driveway slope is altered to provide a minimum of 20 feet of lane length at elevation 627, north of the public sidewalk on M-20.

2. Required parking lot screening will be provided.

3. Site lighting will not cast illumination off site.

4. Appropriate driveway permits are secured from the Michigan Department of Transportation. The driveway design will include an approach deceleration lane and an exit acceleration lane.

5. Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

Vendor Cart Policy and Agreement

Jon Lynch, Director of Planning and Community Development, presented information on the proposed policy for placement of vendor carts in downtown Midland. Jennifer Adamcik, Downtown Coordinator, spoke on behalf of the Downtown Development Authority, in support of the policy for vendor carts. The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

WHEREAS, the City of Midland has received requests to permit placement and operation of vendor carts on public property in and near Downtown; and

WHEREAS, the Downtown Development Authority has reviewed one such request and recommends allowing the use of vendor carts on public property in the downtown area; and

WHEREAS, an annual permit fee of $250 will be levied in recognition that these vendors will benefit from programs financed by special assessments and property taxes, and

WHEREAS, the Downtown Development Authority and City staff have developed a policy for the placement and use of vendor carts; now therefore

RESOLVED, that the City of Midland Policy on Vendor Carts in the Downtown Development District is adopted and requests for placement of vendor carts on public property, near the Farmers Market, in downtown Midland in compliance with the policy may be approved by the City Manager or his designee. (Motion adopted.)

New Class C Liquor License Applications Report

Jack Duso, Assistant City Manager, presented a report on the applications received for the new Class C liquor license. Jennifer Adamcik, Downtown Coordinator, spoke on behalf of the Downtown Development Authority in support of the downtown area being awarded the new liquor license. Dan Kinnan, of Sanford, spoke in opposition of Wheels being awarded the new liquor license. The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

RESOLVED, that the attached report dated July 12, 2002 on the applications received for the new Class C liquor license is hereby accepted and placed on file in the City Clerk’s Office. (Motion adopted.)

Special Meeting for Presentations by Applicants for New Class C Liquor License

A special meeting was set for July 29, 2002, at 7:00 p.m. to hear applicant presentations for the new Class C liquor license. Council directed staff to notify the applicants of the special meeting and inform them they will be given fifteen minutes for a presentation and should be prepared to answer questions from the City Council. A recommendation of one applicant will be made to the State Liquor Control Commission at this meeting.

Water Main Agreement and Second Amendment to Water Service Agreement

Jack Duso, Assistant City Manager, presented information on the proposed Water Main Agreement between the City of Midland, Homer Township and Midland Township and the proposed second amendment to the Water Service Agreement with Midland Township. The following two resolutions were then presented for consideration.

Water Main Agreement Between the City, Homer Twp and Midland Twp

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

WHEREAS, the City and Homer Township entered into a water service agreement on July 29, 1997, in which the City agreed to provide water service on a retail basis to the Homer Township Water Service Area as defined in said agreement; and

WHEREAS, the City and Midland Township entered into a water service agreement on May 21, 1999, in which the City agreed to provide water service on a retail basis to the Midland Township Water Service Area as defined in said agreement; and

WHEREAS, the agreement between the City and Midland Township stipulated that the City would be responsible for the primary connection to the City water system which shall be a 12” water main constructed by the City from an existing 14” water main at Towsley Street to the Township/City line on Poseyville Road; and

WHEREAS, said City/Midland Township agreement anticipated the possibility of an alternative connection to those specified in said agreement; and

WHEREAS, the City and Homer Township amended the July 29, 1997 agreement on December 18, 2000 to expand the Homer Township Water Service Area as defined in the original agreement; and

WHEREAS, a City conducted study of the City water system in the area of the Homer Township and Midland Township water service areas concluded that connecting the Homer and Midland Township systems at a point on Badour Road and Ashby Road would enhance all three systems; and

WHEREAS, Homer Township and Midland Township have expressed an interest in making such a connection; and

WHEREAS, this connection will require an amendment to the City and Midland Township Water Service Agreement to stipulate the location of this alternative connection and that this connection is in lieu of the primary connection in the original agreement; now therefore

RESOLVED, that the City Council hereby approves the Water Main Agreement between the City of Midland, Homer Township and Midland Township, and the Mayor and City Clerk are hereby authorized to execute said agreement. (Motion adopted.)

Second Amendment to Water Service Agreement with Midland Township

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

WHEREAS, on May 21, 1999 the City and Midland Township entered into a Water Service Agreement; and

WHEREAS, on September 11, 2000 the City and Midland Township executed the First Amendment to the Water Service Agreement; and

WHEREAS, Section 3 of the Water Service Agreement states that the primary connection point between the City water system and the Midland Township water service area shall be a 12” water main constructed by the City from an existing 14” water main at Towsley Street to the Township/City line on Poseyville Road; and

WHEREAS, the secondary water main connection to the City system specified in Section 3 of the Water Service Agreement has been constructed and currently serves as the only point of connection between the City water system and the Midland Township water service area; and

WHEREAS, the primary connection referenced above has not been constructed pending the results of a City conducted study of the City water system in the area of the Homer Township and the Midland Township water service areas; and

WHEREAS, said study concluded that connecting the Homer Township and Midland Township systems at a point on Ashby Road and Badour Road would enhance all three water systems; and

WHEREAS, the Water Service Agreement between the City and Midland Township does not recognize this desired point of connection, and both parties agree that this point of connection is more desirable than the primary connection point referred to in the Water Service Agreement; and

WHEREAS, the City, Midland Township and Homer Township desire to enter into an agreement to connect the Midland Township and Homer Township water service systems at Ashby Road and Badour Road; and

WHEREAS, Section 3 of the Water Service Agreement requires an amendment if the City and Midland Township desire an alternative connection or additional connections to those specified in Section 3; now therefore

RESOLVED, that the City Council hereby approves the second amendment to the Water Service Agreement between the City and Midland Township, and the Mayor and City Clerk are hereby authorized to execute said amendment. (Motion adopted.)

MML Annual Business Meeting Delegates

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

RESOLVED, that R. Drummond Black, Mayor, is designated as a voting delegate and Marty A. Wazbinski, Mayor Pro Tem, is designated as an alternate voting delegate from the City of Midland to the September 11, 2002, business session of the Annual Business Meeting of the Michigan Municipal League. (Motion adopted.)

Golf Course Pump Station Renovation

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for a Golf Course pump station rebuild project, Bid No. 2579; and

WHEREAS, sufficient funding for the project is included in the 2002-03 Golf Course Fund budget for Capital Outlay, Construction; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Watertronics, Inc. of Hartland, Wisconsin for $21,862, in accordance with the proposal and city specifications. (Motion adopted.)

Change Order - St. Charles Softball Complex Drainage

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

RESOLVED, that a change order in the amount of $9,975 is hereby approved amending the contract with Pat’s Gradall Services that was approved on April 8, 2002; and

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

Contracted Appraisal Services – Dow Corning and Dow Chemical Tax Appeals

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

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001 and 2002 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained by the City of Midland to provide appraisal reports of the aforementioned properties; and

WHEREAS, on January 14, 2002, the City Council authorized payment to said appraisal firms for their services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in a total amount not to exceed $5,105,000; and

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

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

RESOLVED FURTHER, that payment to the appraisal firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company assessment appeals is hereby authorized in an amount not to exceed $6,255,000. (Motion adopted.)

Contracted Legal Services – MCV Tax Appeal

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

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

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

WHEREAS, on April 22, 2002, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned services in a total amount not to exceed $2,725,000;

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

RESOLVED FURTHER, that authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $3,725,000. (Motion adopted.)

2002 Saginaw Road Reconstruction; Contract No. 3

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Saginaw Road from Salzburg Road to 4000 feet south; and

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

RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "2002 Saginaw Road Reconstruction; Contract No. 3", in the indicated amount of $368,765.00, 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.)

Annual Purchase - Water Meters

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

WHEREAS, the City standardized water meters in 1987, selecting Invensys Water Meters through competitive bid, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, sealed proposals (Bid No. 2486) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Invensys Water Meters for new and replacement meters; and

WHEREAS, funding for all meters is provided through the Inventory Account; now therefore

RESOLVED, that the lone sealed proposal submitted by Etna Supply Company of Grand Rapids, Michigan, for the amounts indicated, with prices in effect July 1, 2001 through June 30, 2002, not to exceed $120,000 for inventory purchases, is accepted and purchase orders authorized. (Motion adopted.)

2002 Jefferson Sanitary Sewer Improvement

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

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of 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:

JEFFERSON AVENUE from Joe Mann Boulevard to 196 feet north of the East-West ¼ Line

; 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:

“2002 JEFFERSON SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

JEFFERSON AVENUE from Joe Mann Boulevard to 196 feet north of the East-West ¼ Line

Beginning on the Section Line common to Sections 33 and 34, T. 15 N., R. 2 E., City of Midland, Michigan, at a point 196 feet North of the ¼ corner common to said sections; thence West 300 feet, parallel to the East-West ¼ Line; thence South, parallel to said section line, to the Northerly Right of Way line of Joe Mann Boulevard; thence East 600 feet; thence North, parallel to said section line, to a point 196 feet north of the East-West ¼ Line; thence West 300 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 one hundred ten thousand dollars ($110,000.00); 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 sixty-two thousand eight hundred ten and 96/100 dollars ($62,810.96) and that all other costs and expenses of said improvement amounting to forty-seven thousand one hundred eighty-nine and 04/100 dollars ($47,189.04) 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, August 12, 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, 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.)

2002 Jefferson Water Main Improvement

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

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a water main 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:

JEFFERSON AVENUE from Joe Mann Boulevard to 196 feet north of the East-West ¼ Line

;and

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

RESOLVED, that the City Council finds and determines that the construction of said water main, 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:

“2002 JEFFERSON WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

JEFFERSON AVENUE from Joe Mann Boulevard to 196 feet north of the East-West ¼ Line

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is eighty thousand dollars ($80,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be fifty-two thousand and 04/100 dollars ($52,000.04) and that all other costs and expenses of said improvement amounting to twenty-seven thousand nine hundred ninety-nine and 96/100 dollars ($27,999.96) 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

2002 Perrine Sanitary Sewer Improvement

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

PERRINE ROAD from Letts Road south to the end of the existing sewer

;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:

“2002 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 Letts Road south to the end of the existing sewer

Beginning at the Northwest Corner of the Southwest ¼ of the Northeast ¼ of Section 31, T. 15 N., R. 2 E., City of Midland, Michigan; thence East 118 feet, along the North 1/8 Line; thence South 208 feet; thence East 90 feet; thence South 122 feet; thence East 12 feet; thence South 1320 feet, parallel to the North-South ¼ line; thence West 470 feet; thence North 1650 feet, parallel to the North-South ¼ Line, to the North 1/8 Line; thence East 250 feet, along the North 1/8 Line, to the North-South ¼ Line and 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, pumping station and force main and that the total estimated cost and expense thereof is three hundred twenty-two thousand dollars ($322,000.00); 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 two hundred sixty-six thousand nine hundred eighty-eight and 25/100 dollars ($266,988.25) and that all other costs and expenses of said improvement amounting to fifty-five thousand eleven and 75/100 dollars ($55,011.75) 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

2002 Perrine Road Water Main Improvement

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

PERRINE ROAD from Letts Road south to the end of the existing water main

;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:

“2002 PERRINE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

PERRINE ROAD from Letts Road south to the end of the existing water main

Beginning at the Northwest Corner of the Southwest ¼ of the Northeast ¼ of Section 31, T. 15 N., R. 2 E., City of Midland, Michigan; thence East 118 feet, along the North 1/8 Line; thence South 208 feet; thence East 90 feet; thence South 122 feet; thence East 12 feet; thence South 869 feet, parallel to the North-South ¼ line; thence West 470 feet; thence North 1199 feet, parallel to the North-South ¼ Line, to the North 1/8 Line; thence East 250 feet, along the North 1/8 Line, to the North-South ¼ Line and 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 twenty-six thousand one hundred four and 28/100 dollars ($26,104.28) and that all other costs and expenses of said improvement amounting to twenty-nine thousand four hundred ninety-five and 72/100 dollars ($29,495.72) 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

2002 Stark Water Main Improvement

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

STARK ROAD from Saginaw Road to the end of the existing water main

;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:

“2002 STARK WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

STARK ROAD from Saginaw Road to the end of the existing water main

Beginning on the Section Line common to Sections 1 and 2, T. 14 N., R. 1 E., City of Midland, Michigan, at a point 103 feet North of the North 1/8 Line common to said sections; thence East 330 feet; thence South 479 feet; thence West 165 feet; thence South 348 feet; thence West 26 feet; thence South to the Northerly right of way line of Saginaw Road; thence Northwesterly along the Northerly right of way line of Saginaw Road, to a point 300 feet West of said Section Line common to Sections 1 and 2; thence North, parallel to said Section Line, to a point 103 feet North of the North 1/8 Line; thence East 300 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 thirty-five thousand nine hundred thirty-eight and 72/100 dollars ($35,938.72) and that all other costs and expenses of said improvement amounting to twelve thousand sixty-one and 28/100 dollars ($12,061.28) 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

2002 Wackerly Water Main Improvement

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

WACKERLY STREET from Stark Road to the East 1/8 Line of Section 2

;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:

“2002 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

WACKERLY STREET from Stark Road to the East 1/8 Line of Section 2

A parcel of land being 300 feet wide on each side of the following described centerline: Beginning at the intersection of the East line of Section 2, T. 14 N., R. 1 E., City of Midland, Michigan, with the centerline of Wackerly Street; thence northwesterly and westerly along the centerline of Wackerly Street to the East 1/8 Line of said Section 2 and the Point of Ending; and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be thirty-five thousand nine hundred twenty-four and 50/100 dollars ($35,924.50) and that all other costs and expenses of said improvement amounting to thirty-seven thousand seventy-five and 50/100 dollars ($37,075.50) 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

Being no further business the meeting adjourned at 8:42 p.m.

______________________________________

Sandy Marshall, Deputy City Clerk