August 12, 2002

A regular meeting of the City Council was held on Monday, August 12, 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

Mayor Black welcomed the visiting students from Midland’s Sister City, Handa, Japan. Marion Newman, Handa Sister City Committee Member, spoke about the exchange program and introduced the students.

Minutes

Approval of the minutes of the July 22, 2002 regular and July 29, 2002 special meetings was offered by Council Member Wazbinski and seconded by Council Member Currie. (Motion adopted.)

2002 Jefferson Sanitary Sewer Improvement & Water Main Improvement Projects

Brian McManus, City Engineer, presented information on the 2002 Jefferson Sanitary Sewer Improvement project and the 2002 Jefferson Water Main Improvement project. With receipt of written objections by more than 50% of the property owners, a 4/5 vote is required to adopt the resolution. A public hearing for the 2002 Jefferson Sanitary Sewer Improvement and the 2002 Jefferson Water Main Improvement was opened at 7:30 p.m. John Rapanos, 1012 W. Sugnet Road, spoke in support of the sanitary sewer and water main improvements. Jack Wilson, Pastor of the Evangelical Free Church, 2138 N. Jefferson Road, and Randy Sherman, 1225 Bayberry Lane, stated the Midland Evangelical Free Church recently purchased land on N. Jefferson Road and is developing a master site plan for relocating the church on that property. Mr. Wilson and Mr. Sherman spoke in support of the sanitary sewer and water main improvements. Don Carlsen, 5902 Siebert Street and Mike Pnacek, 2661 Blackhurst Road, spoke in opposition to the costs that will be assessed to their properties for services that will not benefit them. The public hearing closed at 8:00 p.m. The following four resolutions were then presented for consideration.

2002 Jefferson Sanitary Sewer Improvement Special Assessment District

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

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated July 15, 2002, said street being:

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

and has heretofore established one special assessment district designated:

“2002 JEFFERSON SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 12, 2002, 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 installation of a sanitary sewer on Jefferson Avenue is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district 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 ten thousand dollars ($110,000.00) and the proportion of the cost and expense to be borne and paid 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 assessment on all lands and premises in said 2002 Jefferson Sanitary Sewer 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:

“2002 JEFFERSON SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

2002 Jefferson Sanitary Sewer Improvement Special Assessment Roll

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 JEFFERSON SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-sixth day of August, 2002, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-sixth day of August, 2002, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion adopted.)

2002 Jefferson Water Main Improvement Special Assessment District

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

WHEREAS, the City Council has given due notice of its intention to install a water main in a certain street, said improvement being more particularly described in a resolution dated July 15, 2002, said street being:

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

and has heretofore established one special assessment district designated:

“2002 JEFFERSON WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

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

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

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of eighty thousand dollars ($80,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be fifty-two thousand and 04/100 dollars ($52,000.04) and that all other costs and expenses of said improvements amounting to twenty-seven thousand nine hundred ninety-nine and 96/100 dollars ($27,999.96) shall be borne and paid by special assessment on all lands and premises in said 2002 Jefferson Water Main Improvement Special Assessment District heretofore established and approved; and

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

“2002 JEFFERSON WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

2002 Jefferson Water Main Improvement Special Assessment Roll

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 JEFFERSON WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

2002 Perrine Sanitary Sewer Improvement & Water Main Improvement Projects

Brian McManus, City Engineer, presented information on the 2002 Perrine Sanitary Sewer Improvement project and the 2002 Perrine Water Main Improvement project. A public hearing was opened at 8:20 p.m. Gary Bartow, 2500 E. Midland Road, Bay City, MI, owner of property along Perrine Road, spoke in support of the sanitary sewer and water main improvements. The hearing closed at 8:22 p.m. The following four resolutions were then presented for consideration.

2002 Perrine Sanitary Sewer Improvement Special Assessment District

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

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

and has heretofore established one special assessment district designated:

“2002 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Perrine Road 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 three hundred twenty-two thousand dollars ($322,000.00) and the proportion of the cost and expense to be borne and paid 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 assessment on all lands and premises in said 2002 Perrine Sanitary Sewer 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:

“2002 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

2002 Perrine Sanitary Sewer Improvement Special Assessment Roll

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

2002 Perrine Water Main Improvement Special Assessment District

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

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

and has heretofore established one special assessment district designated:

“2002 PERRINE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

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

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of fifty-five thousand six hundred dollars ($55,600.00) and that the proportion of the cost and expense to be borne and paid 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 improvements amounting to twenty-nine thousand four hundred ninety-five and 72/100 dollars ($29,495.72) shall be borne and paid by special assessment on all lands and premises in said 2002 Perrine Water Main Improvement Special Assessment District heretofore established and approved; and

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

“2002 PERRINE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

2002 Perrine Water Main Improvement Special Assessment Roll

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 PERRINE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

2002 Stark Water Main Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2002 Stark Water Main Improvement project. A public hearing was opened at 8:26 p.m. George Day, 1342 N. Stark Road, asked if he would have access to water and sewer. Brian McManus stated Mr. Day would not have access to water and sewer at this time because he did not live within the city limits. The public hearing closed at 8:28 p.m. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

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

and has heretofore established one special assessment district designated:

“2002 STARK WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

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

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of forty-eight thousand dollars ($48,000.00) and that the proportion of the cost and expense to be borne and paid 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 improvements amounting to twelve thousand sixty-one and 28/100 dollars ($12,061.28) shall be borne and paid by special assessment on all lands and premises in said 2002 Stark Water Main Improvement Special Assessment District heretofore established and approved; and

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

“2002 STARK WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

2002 Stark Water Main Improvement Special Assessment Roll

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 STARK WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

2002 Wackerly Water Main Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2002 Wackerly Water Main Improvement project. A public hearing was opened at 8:30 p.m., no comments were made, the hearing closed at 8:31 p.m. The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

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

and has heretofore established one special assessment district designated:

“2002 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

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

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-three thousand dollars ($73,000.00) and that the proportion of the cost and expense to be borne and paid 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 improvements amounting to thirty-seven thousand seventy-five and 50/100 dollars ($37,075.50) shall be borne and paid by special assessment on all lands and premises in said 2002 Wackerly Water Main Improvement Special Assessment District heretofore established and approved; and

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

“2002 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

2002 Wackerly Water Main Improvement Special Assessment Roll

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

PUBLIC COMMENTS

No comments were made.

Governor’s Veto of Revenue Sharing Payments

Robert Fisher, Director of Fiscal Services, presented information on Governor Engler’s veto of all statutory revenue sharing, the impact on the City of Midland and neighboring communities, and the efforts underway to override the veto. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

WHEREAS, the State of Michigan is facing potential budget problems as a result of certain proposals that are likely to appear on the November general election ballot; and

WHEREAS, both the City of Midland and the Michigan Municipal League supported a recent budget compromise, including an increase in tobacco taxes, designed to ensure full payment of statutory state revenue sharing during the state’s 2002-03 fiscal year; and

WHEREAS, on July 25, Governor Engler vetoed all statutory revenue sharing payments to cities, villages, townships and counties for the state’s 2002-03 fiscal year, thereby reducing revenues of local units of government in Michigan by $845 million; and

WHEREAS, without adequate statutory revenue sharing, local municipal budgets will be devastated, rendering them incapable of providing adequate levels of services; and

WHEREAS, the State government is sustained by local municipalities’ support and implementation of its regulations; and

WHEREAS, nothing short of a veto override on August 13 will restore funding for local government services; now therefore

RESOLVED, that the City of Midland calls upon the members of the Michigan State Legislature to put communities first and to unanimously vote to override Governor Engler’s veto of statutory revenue sharing funds on August 13; and

RESOLVED FURTHER, that the City Clerk is hereby directed to mail a copy of this resolution to Senator Schuette and Representative Stamas via certified mail. (Motion adopted.)

Quit Claim Deeds for Commerce Drive & Commerce Court Area

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

RESOLVED, that the attached Quit Claim Deeds from S & J, Inc. and from Dean F. and Margaret E. Johnston and Lee A. and Bonita K. Johnston, to the City of Midland, for the right of way of Commerce Drive and Commerce Court, in Section 33, T. 15 N., R. 2 E., are hereby accepted and that the Quit Claim Deeds are ordered recorded; and

RESOLVED FURTHER, that said right of way shall be used for public street purposes. (Motion adopted.)

Housing Construction Agreement with Midland Public Schools

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

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 3516 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.)

Agreement for Economic Services – Midland Economic Development Council

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

RESOLVED, that the Mayor Pro Tem and City Clerk are authorized to execute an agreement for the year July 1, 2002, through June 30, 2003, with the Midland Economic Development Council for economic development services at a cost to the City not to exceed $85,000. (Motion adopted.)

2002 Municipal Employees Retirement System Annual Meeting Delegates

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

RESOLVED, that Robert Fisher be appointed officer delegate and Dennis Morgan 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 18 through 20, 2002, in Grand Rapids, Michigan. (Motion adopted.)

Auction – Sale of Surplus City Equipment

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

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the “2002 Auction List” attached as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, September 21, 2002. (Motion adopted.)

Traffic Control Order R-02-06

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

RESOLVED, that Traffic Control Order No. R-02-06 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the 45 miles per hour zone along N. Saginaw Road be extended to 500 feet west of Dublin Avenue, preceded by a “Reduced Speed 45 Ahead” sign.

is hereby made permanent. (Motion adopted.)

Traffic Control Order R-02-07

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

RESOLVED, that Traffic Control Order No. R-02-07 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the signal at the intersection of Washington and Wheeler Street operate in “flash” mode from 11:00 pm to 7:00 am and “color” mode from 7:00 am to 11:00 pm, seven days a week.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-01

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

RESOLVED, that Traffic Control Order No. S-02-01 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Greenwich Circle shall stop for Eastlawn Drive.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-02

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

RESOLVED, that Traffic Control Order No. S-02-02 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Butterfield Drive shall stop for E. Wheeler Street.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-03

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

RESOLVED, that Traffic Control Order No. S-02-03 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That W. Wackerly Street shall stop for Stark Road.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-04

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

RESOLVED, that Traffic Control Order No. S-02-04 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That City Forest Estates Drive shall stop for Sturgeon Avenue.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-05

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

RESOLVED, that Traffic Control Order No. S-02-05 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Stark Road shall stop for N. Saginaw Road.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-06

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

RESOLVED, that Traffic Control Order No. S-02-06 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That northbound and southbound Pershing Street shall stop for Bay City Road and Bay City Road stop for Pershing Street, thus making a three-way stop.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-07

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

RESOLVED, that Traffic Control Order No. S-02-07 filed May 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Deerwood Circle shall stop for Foster Road.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-08

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

RESOLVED, that Traffic Control Order No. S-02-08 filed May 21, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Scenic Circle shall Yield to Stillwater Lane.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-09

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

RESOLVED, that Traffic Control Order No. S-02-09 filed May 21, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Foxwood Circle shall Yield to Evergreen Street.

is hereby made permanent. (Motion adopted.)

Traffic Control Order S-02-10

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

RESOLVED, that Traffic Control Order No. S-02-10 filed May 31, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Goldenwood Drive shall stop for Amberwood Court and Amberwood Court stop for Goldenwood Drive, thus making a three-way stop.

is hereby made permanent. (Motion adopted.)

Midland Community Center Block Party - Request to Close George Street

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

RESOLVED, that the request from the Midland Community Center seeking permission to close George Street from Jefferson Avenue to Collins Street for the purpose of holding a Block Party on Saturday, September 7, 2002, from 10:00 a.m. until 6:00 p.m., has been reviewed by the Administrative Staff and is hereby approved subject to the following conditions:

· Obtain event liability insurance with minimum coverage of $500,000 per occurrence, $1,000,000 aggregate, with the City named as certificate holder and additional insured. The certificate must be submitted to the City no less than five working days prior to the event.

· The Department of Public Services will provide traffic control devices as directed by the Police Department.

· Food vendors must comply with Department of Health requirements and may not serve alcoholic beverages unless licensed to do so.

Emergency vehicles will need to have access down George Street in front of the Community Center in case of an emergency. The street should remain clear of tables and chairs or booths, etc. Should access be necessary, we ask that the participants move out of the way and let emergency vehicles proceed to the scene.

;and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner. (Motion adopted.)

Payment for Housing & Related Expenses – MCV Tax Appeal Trial

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, the appraisal firms of Walsh and Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc., and Whitfield Russell Associates have been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, it is necessary that the attorneys, appraisers and support staff be based in Lansing for the duration of the trial; and

WHEREAS, the City of Midland staff conducted an extensive search for cost savings on accommodations and has found that the East Lansing area offers the best accommodations for City personnel rooms, conference rooms, secured areas and proximity to the Michigan Tax Tribunal Court; and

WHEREAS, on May 20, 2002, Council authorized payments for housing and related expenses in connection with the aforementioned appeal in an amount not to exceed $200,000; and

WHEREAS, sufficient budgetary funding exists within the 2002-2003 general fund budget for the MCV tax appeal case; now therefore

RESOLVED FURTHER, that authorization of payment for housing and related expenses in connection with the aforementioned appeal is hereby increased to an amount not to exceed $350,000. (Motion adopted.)

2002 Hillcrest Road Reconstruction and Water Main Replacement

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 and water main replacement on Hillcrest Road from Sugnet Road to Saginaw Road; and

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

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2002 Hillcrest Road Reconstruction and Water Main Replacement; Contract No. 18", in the indicated amount of $137,410.40, 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 Pavement Marking Program

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 annual pavement marking of major streets; and

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

RESOLVED, that the low sealed proposal submitted by Clark Highway Services, Inc. of Lake City, Michigan, for the "2002 Pavement Marking Program; Contract No. 16", in the indicated amount of $27,431.00, 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 this contract in an aggregate amount not to exceed $5,000, if sufficient funding exists. (Motion adopted.)

Book Ordering and Processing Services - Library

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 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 purchasing and processing of books for the Library; and

WHEREAS, funding is available in the 2002/2003 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2594 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.)

On-Line Services and Books – Library

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

WHEREAS, The Gale Group of Farmington Hills, MI is the sole vendor of the electronic on-line services and books that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2002/2003 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic on-line services and books from The Gale Group is hereby approved in an amount not to exceed $60,000. (Motion adopted.)

Purchase – Refuse Trucks

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

WHEREAS, Bid No. 2404 was awarded by City Council on July 24, 2000 for the purchase of two residential refuse trucks for a unit price of $211,750 to Great Lakes Service Center, Inc; and

WHEREAS, there are limited suppliers of the residential refuse truck specified and Great Lakes Service Center, Inc. was the single bidder in July 2000; and

WHEREAS, Great Lakes Service Center, Inc. has agreed to extend the unit price of $211,750 for the purchase of two additional residential refuse trucks; and

WHEREAS, staff recommends competitive bids be waived for the purchase of these additional refuse trucks to take advantage of a favorable unit price typically unavailable with limited competition; and

WHEREAS, funding for two new residential refuse trucks in the amount of $460,000 is included in the 2002-03 Equipment Revolving Fund budget for Capital Outlay, “Vehicles,” as part of a program to replace and upgrade the residential refuse collection fleet; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the Purchasing Agent is authorized to issue a purchase order for two residential refuse trucks to Great Lakes Service Center, Inc. of Franklin, Michigan in the amount of $423,500, in accordance with the proposal and city specifications. (Motion adopted.)

Screen Grid Remanufacture – Wastewater Treatment Plant

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

WHEREAS, the Wastewater Treatment Plant utilizes two screen grid units to remove debris from the wastewater stream; and

WHEREAS, the equipment is subject to wear and the first of the two units was remanufactured in November 2001, assuring years of additional service and improved performance; and

WHEREAS, Utilities staff is satisfied with the remanufacturing of the first screen grid, and staff requests that the second unit be remanufactured this year; and

WHEREAS, the manufacturer, Wiesemann Enterprises, has agreed to extend the 2001 quoted price of $22,782 for the second screen grid, with equipment shipping estimates to be $1,000 each way, bringing the total cost not to exceed $24,782; and

WHEREAS, the manufacturer has proprietary ownership of the WieseFlo screen grid parts and is the sole source, in conjunction with its representative Waterworks Systems & Equipment, Inc., for this work; and

WHEREAS, funds are available in the Fiscal 2003 Wastewater budget account number 590-9120-911.97-25 Capital Outlay / Equipment; now therefore

RESOLVED, that in accord with Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and issuance of a purchase order to Waterworks Systems & Equipment, Inc. of Lakeland, Florida in an amount not to exceed $24,782 is authorized. (Motion adopted.)

Storage Basin Project Change Order No. 2

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

WHEREAS, the City of Midland entered into an Administrative Consent Order September 1, 1999 with the Michigan Department of Environmental Quality to construct a 43.5 million gallon 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, the contract was tentatively accepted by Council on August 13, 2001, contingent upon notification by the State of Michigan that State Revolving Fund (SRF) Financing of the project was approved; and

WHEREAS, said notification was made November 28, 2001 and the contract with Fisher Contracting Company of Midland, Michigan was subsequently executed by the Mayor and City Clerk; and

WHEREAS, in July of this year Change Order No. 1, consisting of modifications to the basin inlet/outlet structure, installation of fencing, and the purchase, transport, and placing of 13,500 cubic yards of topsoil to satisfy an MDEQ requirement was approved by City Council in the amount of $82,901.48, bringing the total amount of the contract and the associated purchase order to $3,976,901.48; and

WHEREAS, the original basin construction design did not include plans for landscaping and drainage requirements affecting properties adjacent to the berm; and

WHEREAS, a plan has now been devised to lessen the visual impact to properties adjacent to the berm and to better control stormwater run-off, and requires a change order in the amount of $20,000 to approve funding for said plan; and

WHEREAS, the Utilities staff has reported sufficient funds are available in the contingencies category of the budget for this project; now therefore

RESOLVED, that the City Manager is authorized to execute said change order, thereby increasing the total amount of the contract and the associated purchase order to $3,996,901.48. (Motion adopted.)

Swede Avenue Manhole Rehabilitation

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

WHEREAS, inspections by City Engineering staff concluded that the existing Swede Avenue 42” sanitary sewer should be lined due to the deterioration of the pipe from hydrogen sulfide (H₂S), which is a corrosive acid created from the decomposition of the sewage; and

WHEREAS, in May of this year Council approved the lining of 3900 lineal feet of the sanitary sewer on Swede Avenue from Eastlawn Drive to Sugnet Road; and

WHEREAS, staff recognized similar deterioration of manholes in this area and determined that the manholes could be rehabilitated without the use of excavation and replacement; and

WHEREAS, sealed bids for Bid No. 2597, Swede Avenue Manhole Rehabilitation have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bid proposal submitted by Plummer's Environmental Services, Inc. of Grand Rapids, Michigan in the amount of $54,475 is accepted by City staff; and

WHEREAS, the Administration has reported sufficient funds are available in Project SW0207 – Trenchless Manhole Reconstruction; now therefore

RESOLVED, that the proposal submitted by Plummer's Environmental Services, Inc. is hereby accepted and a purchase order is authorized in an amount not to exceed $54,475. (Motion adopted.)

Cell 15 Construction - Landfill

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

WHEREAS, on February 25, 2002 City Council awarded a contract to Earth Tech, Inc. of Livonia, Michigan to provide survey work, permit design review, a cost-reduction study, and development of specification books for construction bidding for Cell 15; and

WHEREAS, sealed bids for the Cell 15 Construction, Bid No. 2602, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects; and

WHEREAS, the City Attorney has reviewed and approved the language contained in the contract associated with this project award; now therefore

RESOLVED, that the low sealed bid submitted by Fisher Contracting Company of Midland, Michigan for the indicated bid amount of $1,907,565.08, is hereby accepted and the Mayor and City Clerk are authorized to execute a contract therefore in accord with the proposal and City specifications; 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.)

Cell 15 Construction Quality Assurance - Landfill

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

WHEREAS, on August 2, 2002 sealed bids were received and opened for Bid No. 2602, Cell 15 Construction, and the recommendation for award of the construction of cell 15 is made under separate Council action August 12, 2002; and

WHEREAS, the Michigan Department of Environmental Quality-Waste Management Division requires that an independent inspection and certification be made on the cell 15 construction in accordance with the State-approved design; and

WHEREAS, sealed proposals for Bid No. 2611, Construction Quality Assurance, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects; now therefore

RESOLVED, that the low sealed proposal submitted by McDowell & Associates of Midland, Michigan for the indicated amount of 54,175.00, 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.)

Zoning Petition No. 493

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 9, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on August 23, 2002 and to publish said notice on August 24, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES 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 B ZONING WHERE A BUSINESS A 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:

Part of the southeast ¼ of the southeast ¼ of Section 3, T14N R2E, City of Midland, Midland County, Michigan, described as: beginning at a point which is N 00 deg 08 min 00 sec east 506.70 ft along the east section line and S 89 deg 50 min 30 sec west 215.00 ft from the southeast corner of said Section 3; thence S 89 deg 50 min 30 sec west 291.70 ft thence south 00 deg 08 min 00 sec west 286.70 ft; thence north 89 deg 50 min 30 sec east 217.00 ft; thence north 43 deg 08 min 32 sec east 21.26 ft; thence north 46 deg 51 min 28 sec west 45.00 ft, thence north 43 deg 08 min 32 sec east 67.00 ft; thence south 46 deg 51 min 28 sec east 45.00 ft; thence north 43 deg 08 min 32 sec east 21.25 ft; thence north 00 deg 08 min 00 sec east 207.00 ft to the point of beginning . Containing 1.78 acres and being subject to any easements of record.

be, and the same is hereby changed to Residential B.

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

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

Proposed Budget Amendment – Lockers at Fire Station No. 1

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

WHEREAS, unanticipated revenue in the amount of $12,996.49 has been received from Onebeacon Insurance Company for the purpose of settling a claim by the City of Midland Fire Department for the delamination of veneer on lockers located at Fire Station 1; and

WHEREAS, it is the Fire Department’s intent to use said funds toward the cost of purchasing replacement lockers; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, August 26, 2002, in the Council Chambers of City Hall on the proposal to amend the 2002-03 General Fund budget in order to increase Miscellaneous Revenues by $12,996.49 and to increase appropriations for Fire Department Capital Outlay by $12,996.49. (Motion adopted.)

Closed Session – Pending Litigation

Mayor Black, a partner in the firm of Riecker, VanDam, Barker & Black, P.C., stated his law firm has represented the Midland Cogeneration Venture in a variety of legal matters and requested he be allowed to abstain from participating on Agenda Item 18, calling for a closed session to discuss pending litigation on Midland Cogeneration Venture Limited Partnership vs City of Midland. Council unanimously agreed to the abstention and excused Mayor Black from the closed meeting. Mayor Black handed the gavel to Council Member Wazbinski, Mayor Pro Tem, who then assumed the chair. The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body. (Motion adopted by a Roll Call Vote. Yeas: Currie, Griggs, McKeag, Wazbinski Nays: None Abstained: Black)

Being no further business the meeting adjourned to a closed session at 8:52 p.m.

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Sandy Marshall, Deputy City Clerk