August 26, 2002

 

A regular meeting of the City Council was held on Monday, August 26, 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 August 12, 2002 regular meeting was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

Civic Arena/Plymouth Pool Report

Prior to holding a public hearing, Martin McGuire, Director of Public Services, gave an overview of a report submitted to Council on July 22, 2002 on enhancements to Plymouth Pool and the building of a new three-rink ice facility to replace the Midland Civic Arena.  The public hearing was opened at 7:08 p.m.  William Bartlett, 807 Hollybrook, Chairman of Fast Ice, reviewed the process used when Fast Ice considered the possibility of new ice.  Dale Haywood, 607 Columbia Road, was opposed to paying additional taxes for a new arena.  Jonathan Evans, 4616 Congress, President of Midland Figure Skating Club, Wayne Winslow, 807 Coolidge, President of Midland Speed Skating Club, Paul Loebig, 1709 Dilloway, President of Midland Amateur Hockey League, Ian O’Neil, 4032 Old Pine Trail, representing the Ice Breakers, Nicole Marie Hayes, 5310 Friar Lane, Susan Bakke, 2907 Valorie Lane, Donald Hall, 4008 Pfeiffer Court, owner of Fairview Inn, David Schroeder, 3321 Ryan Drive, representing the Holiday Inn of Midland, Jack Maddox, 457 E. Mier Road, Sanford, Timothy Shelton, 5905 Summerset Drive, representing Valley Plaza, Ann Marie Horcher, 2711 Lambros Drive, Carol Moore Miller, 1912 Plymouth Street, James Peckrul, 300 Rodd Street, Director of Midland County Convention and Visitors Bureau and Harold Richards, 5914 Leeway Drive, all spoke in support of a new ice arena.  The public hearing closed at 7:55 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the Parks and Recreation Commission and staff has conducted a public process which has concluded, that enhancements to Plymouth Pool and construction of a new three-rink ice facility are in order; and

WHEREAS, reports were submitted to City Council on February 11, 2002 and July 22, 2002; and

WHEREAS, a public hearing was held on August 26, 2002 to seek public comment; now therefore

RESOLVED, that conceptual approval is hereby given to proceed with planning for enhancements to Plymouth Pool and the building of a new three-rink ice facility, at a combined cost of $12 million; and

RESOLVED FURTHER, that the staff is directed to prepare a recommendation on project financing, site location and the use or disposition of the current Civic Arena.  (Motion adopted.)

 

Deed Restrictions – Carlsen & Pnacek

Brian McManus, City Engineer, presented information to Council on deed restrictions prohibiting infrastructure access from Jefferson Avenue for parcels owned by Janet Carlsen and Pnacek Limited.  Donald Carlsen, 5902 Siebert, thanked staff for working with him and indicated that he understood they would be prohibited from infrastructure access from Jefferson Avenue.  John Rapanos, 1012 W. Sugnet, has three properties being assessed; Lot No. 1 of Oakbrook-no objections, Lot No. 14 of Oakbrook-no objections, Mr. Rapanos did have an objection to the assessment of property located in the proposed Broadhead Subdivision.  It was Mr. Rapanos’ belief that the property should be assessed at 50% of the frontage or 58’ instead of 116’ for both the sanitary sewer and water main.  Roger Elbers, Deputy City Assessor, stated that currently the proposed special assessment runs from Joe Mann Boulevard to 196’ north of the east west ¼ line.   At present there is no subdivision, therefore the assessment is based on what is currently in place.   The subdivision has not been dedicated to the city and the benefit is for the entire property.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, a report has been received from the City Engineer indicating that the Don Carlsen family and the Pnacek family have agreed to infrastructure access prohibitions from Jefferson Avenue for parcels they own in the 2002 Jefferson Avenue Water Main and Sanitary Sewer Special Assessment Districts; and

WHEREAS, the Don Carlsen family and Pnacek family have signed deed restrictions prohibiting infrastructure access from Jefferson Avenue for parcels they own; and

WHEREAS, the City Assessor has determined that the parcels with infrastructure access prohibitions will not benefit from public street, water and sewer improvements; and

WHEREAS, the City Assessor has determined that parcels not benefiting from public improvements are not subject to special assessments; now therefore

RESOLVED, that City Council hereby accepts the deed restrictions from Janet Carlsen, Carlsen Children’s Trust and F/A Pnacek Limited for infrastructure access prohibitions from Jefferson Avenue and directs the City Attorney to record said documents with the Midland County Register of Deeds; and

RESOLVED FURTHER, that City Council directs the City Assessor to remove the Janet Carlsen, Carlsen Children’s Trust and F/A Pnacek limited assessments from the 2002 Jefferson Avenue Water Main and Sanitary Sewer Special Assessment Districts; and

RESOLVED FURTHER, that upon confirmation of the assessment roll reflecting these deed restrictions the Finance Director is hereby authorized to transfer $55,000 within the 2002-03 Wastewater Fund budget from Capital Outlay Equipment to Capital Outlay Construction Projects and within the 2002-03 Water Fund budget $25,000 from Building Improvement to Construction Projects. (Motion adopted.)

 

2002 Jefferson Sanitary Sewer and Water Main Improvement Special Assessment Rolls

Roger Elbers, Deputy City Assessor, presented information on the special assessment rolls for the “2002 Jefferson Sanitary Sewer Improvement Special Assessment District” and the “2002 Jefferson Water Main Improvement Special Assessment District”.  A public hearing opened at 8:25 p.m.  No additional comments were made, see comments under Deed Restrictions – Carlsen & Pnacek listed above.  The hearing closed at 8:26 p.m.  The following two resolutions were then presented for consideration.

 

2002 Jefferson Sanitary Sewer Improvement Special Assessment Roll

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

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "2002 JEFFERSON SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $15,206.10 and that the total estimated cost of said improvements is $110,000.00, and the City at large cost is $94,793.90; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Jefferson Water Main Improvement Special Assessment Roll

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

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main improvements on the "2002 JEFFERSON WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $9,022.65 and that the total estimated cost of said improvements is $80,000.00, and the City at large cost is $70,977.35; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Jefferson Sanitary Sewer and Water Main; Contract No. 10

Brian McManus, City Engineer, presented information on the “2002 Jefferson Sanitary Sewer and Water Main; Contract No. 10”.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a sanitary sewer and water main along Jefferson Avenue from Joe Mann Boulevard to 1100 feet north; and

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

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2002 Jefferson Sanitary Sewer and Water Main; Contract No. 10", in the indicated amount of $195,086.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

2002 Perrine Sanitary Sewer and Water Main Improvement Special Assessment Rolls

Roger Elbers, Deputy City Assessor, presented information on the special assessment rolls for the “2002 Perrine Sanitary Sewer Improvement Special Assessment District” and the “2002 Perrine Water Main Improvement Special Assessment District”.  A public hearing was opened at 8:32 p.m., no comments were made, the hearing closed at 8:33 p.m.   The following two resolutions were then presented for consideration.

 

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 due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "2002 PERRINE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $55,011.75 and that the total estimated cost of said improvements is $322,000.00, and the City at large cost is $266,988.25; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Perrine Water Main Improvement Special Assessment Roll

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

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main improvements on the "2002 PERRINE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $29,495.72 and that the total estimated cost of said improvements is $55,600.00, and the City at large cost is $26,104.28; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Stark Water Main Improvement Special Assessment Roll

Roger Elbers, Deputy City Assessor, presented information on the special assessment roll for the “2002 Stark Water Main Improvement Special Assessment District”.  A public hearing opened at 8:35 p.m.  Oswald Anders, 801 Linwood Drive, wondered if the water main was south of the expressway or went any further north.  Mayor Black indicated the water main was south of the expressway.  The hearing closed at 8:36 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main improvements on the "2002 STARK WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $12,061.28 and that the total estimated cost of said improvements is $48,000.00, and the City at large cost is $35,938.72; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and


RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Wackerly Water Main Improvement Special Assessment Roll

Roger Elbers, Deputy City Assessor, presented information on the special assessment roll for the “2002 Wackerly Water Main Improvement Special Assessment District”.  A public hearing opened at 8:37 p.m., no comments were made, the hearing closed at 8:38 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain water main improvements on the "2002 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $37,075.50 and that the total estimated cost of said improvements is $73,000.00, and the City at large cost is $35,924.50; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2003, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2002 Wackerly & Stark Water Mains; Contract No. 11

Brian McManus, City Engineer, requested approval of a contract with Huckins Contracting, Inc. for the installation of water mains on Wackerly Street from Stark Road to 1300 feet west and on Stark Road from Saginaw Road to the end of existing water main.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of water mains along Wackerly Street from Stark Road to 1300 feet west and on Stark Road from Saginaw Road to the end of the existing water main; and

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

RESOLVED, that the low sealed proposal submitted by Huckins Contracting, Inc. of Beaverton, Michigan, for the "2002 Wackerly & Stark Water Mains; Contract No. 11", in the indicated amount of $102,002.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

General Fund Budget Amendment – Fire Station Lockers

Daniel Hargarten, Fire Chief, requested Council consider a request to amend the 2002-03 General Fund budget to recognize unanticipated revenue due to an insurance settlement concerning delamination of the veneer on lockers located at Fire Station No. 1.  A public hearing opened at 8:47 p.m., no comments were made, the hearing closed at 8:48 p.m.  The following resolution was then offered by Council Member McKeag 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; and

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing, Monday, August 26, 2002, on the proposal to amend the 2002-03 General Fund budget in order to recognize and appropriate unanticipated revenue; now therefore

RESOLVED, that the 2002-03 General Fund budget is hereby amended by increasing Miscellaneous Revenues by $12,996.49 and increasing appropriations for Fire Department Capital Outlay by $12,996.49.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

P.I.L.O.T. Ordinance for Adams Acres Phase I  (First Reading)

Robert Fisher, Director of Fiscal Services, presented information on the Payment in Lieu of Taxes (PILOT) project for Adam’s Acres, Phase I.  Douglas Larner, speaking on behalf of DeShano Construction Company, requested Council approve this project.  Oswald Anders, 801 Linwood Drive, objected to the project.  Introduction and first reading of the following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING THE TITLE OF ARTICLE XIII, CHAPTER 2, AMENDING SECTION 2-262, ARTICLE XIII OF CHAPTER 2, AND BY ADDING NEW SECTIONS WHICH SHALL BE DESIGNATED AS SECTIONS 2-260.9, 2-264.7 AND SECTION 2-267.1, ARTICLE XIII, CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.  Title of Article XIII, Chapter 2, is hereby amended to read as follows: 

ARTICLE XIII.  TAX EXEMPTION AND PAYMENT IN LIEU OF TAXES

Section 2.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of housing developments.

     It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club Acres #1, Chippewassee Court Phase I, ADAMS ACRES PHASE I and the elderly portions of Charter Square and Green Hill are of this class.

Section 3.  Article XIII, Sections 2-260.9 and 2-264.7 are hereby added to read as follows:

Sec. 2-260.9.  ADAMS ACRES PHASE I.

    THE CITY ACKNOWLEDGES THAT THE ADAMS ACRES LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, A 501(c)(3) CORPORATION (A SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO ALLOCATION OF TAX CREDIT FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE, AS AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS ADAMS ACRES PHASE 1, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:

BEGINNING AT THE NORTHWEST CORNER OF LOT 16, ADAMS ACRES SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN LIBER D OF PLATS, PAGES 25 AND 26, MIDLAND COUNTY RECORDS, SECTION 34, T14N, R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN; THENCE SOUTH 114 FEET TO THE SOUTH PLAT LINE OF ADAMS ACRES SUBDIVISION NO. 1; THENCE EAST ALONG SAID SOUTH PLAT LINE 261.94 FEET; THENCE NORTH 47° 04’ 51” EAST 165.74 FEET; THENCE NORTH 06° 18’ 11” EAST 165.92 FEET TO THE SOUTH LINE OF LOT 23 OF SAID SUBDIVISION; THENCE NORTH 00° 02’ 03” EAST ALONG A LINE 10 FEET WEST OF THE EAST PLAT LINE OF ADAMS ACRES SUBDIVISION NO. 1 TO THE NORTH LINE OF LOT 27; THENCE WEST ALONG THE NORTH LINE OF LOT 27 TO THE EAST R/W LINE OF LEE STREET; THENCE SOUTHERLY ALONG THE EAST AND SOUTH R/W LINE OF LEE STREET TO THE POINT OF BEGINNING.

Sec. 2-264.7.  ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR ADAMS ACRES PHASE I.

(A)    ANNUAL SERVICE CHARGE.  THE HOUSING DEVELOPMENT IDENTIFIED AS ADAMS ACRES PHASE I AND THE PROPERTY ON WHICH IT SHALL BE CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE COMMENCEMENT OF CONSTRUCTION.  THE CITY, ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSTRUCT, OWN AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES.  THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.

(B)   LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE.  NOTWITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS SHALL BE EQUAL TO THE FULL AMOUNT OF TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING DEVELOPMENT IF THE HOUSING DEVELOPMENT WERE NOT EXEMPT.

Section 4.  Article XIII, Section 2.267.1 is hereby added to read as follows:

SEC. 2-267.1. DURATION OF EXEMPTION FOR SPECIFIC DEVELOPMENTS

WITH REGARD TO SPECIFIC DEVELOPMENTS WHICH HAVE BEEN GRANTED TAX EXEMPTION UNDER THIS ARTICLE, EACH INDIVIDUAL EXEMPTION SHALL REMAIN IN EFFECT AND SHALL NOT TERMINATE SO LONG AS A MORTGAGE LOAN EXISTS, OR A MUTUAL AGREEMENT TO TERMINATE IS REACHED BETWEEN THE PARTIES.

Section 5.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.  Yeas:  Black, Currie, Griggs, Wazbinski    Nays:  McKeag)

 

Mayor Black called for a short recess at 9:10 p.m.

Mayor Black reconvened the meeting at 9:20 p.m.

 

West Main Street Historic District Ordinance Amendment Preparation

Jon Lynch, Director of Planning and Community Development, presented a report on the West Main Street Historic District Commission.  Randy Swierzbin, Chairman of the West Main Street Historic District Commission, spoke in support of continuation of the Commission.  Mr. Swierzbin indicated that residents did not have to appear before the Commission for approval if they were performing maintenance on their homes, they are required to appear before the Commission when the appearance of the house will be changed.  Donald Beckwith, 2609 Schade West Drive, an original member of the West Main Street Historic District Commission, commented that the Commission was not functioning like he thought it would.  Judy Kruger, 509 W. Main Street, requested that the Commission be abolished.  Fay Wood, 3501 Bay City Road, asked if the Commission would furnish funds to people who could not afford to maintain their houses in the historic district per the Commission’s restrictions.  Paul Arends, 505 W. Main Street, in reply to Council Member Griggs questions of what did not have to go before the Commission, indicated if they changed the appearance of the house, they were subject to review by the Historic District Commission.  Donna Gross, 608 W. Main Street, a member of the Historic District Commission, supported continuation of the Commission.  John Bucci, 506 W. Main Street, indicated he would like to see the Commission abolished.   Douglas Robins, 116 Hubbard, supported the Commission.  Kenneth Kruger, 509 W. Main Street, requested that residents in the Historic District be treated the same as everyone else in the City.  Randy Applegate, 109 Ripley Street, supported the Commission.  William Brenton, 5101 Oakridge Drive, owner of two rental houses in the Historic District, felt the Historic District was unnecessary and requested the Commission be abolished.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, in April of 2001 sixteen individuals representing twelve of twenty-four properties within the West Main Street Historic District signed a petition seeking repeal of Ordinance No. 1336 of 1996 which established the District; and

WHEREAS, on October 29, 2001 the Midland City Council conducted a joint meeting with the West Main Street Historic District Commission and the petition requesting repeal was formally discussed; and

WHEREAS, on June 17, 2002 the Midland City Council conducted a second special meeting with the West Main Street Historic District Commission to further discuss issues surrounding repeal of the ordinance; and

WHEREAS, the City Council directed staff to provide a report outlining potential courses of action and staff has submitted the requested report to the City Council for consideration; now therefore


RESOLVED, that the City Council directs the City Manager, or his appointee, to prepare for consideration and adoption by the City Council amendments to the West Main Street Historic District Ordinance to expand exempt classes of work, amendments to the West Main Street Historic District Guidelines and Standards for Review to include exempt classes of work, and a new checklist application form.  (Motion adopted.  Yeas:  Black, Currie, McKeag    Nays:  Griggs, Wazbinski)

 

Annexation of Property – 4792 E. Wheeler Road

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

 

WHEREAS, the City of Midland is the owner of land described as follows, which is contiguous with the present boundary of the City of Midland:

       SECTION 12 T14N R2E COMMENCING 290 FEET EAST OF NORTH ¼ CORNER THEN SOUTH 196 FEET, EAST 180 FEET, NORTH 196 FEET, WEST 180 FEET

; now therefore

RESOLVED, that the City of Midland approves the annexation of the described property pursuant to Sec. 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9}; and

RESOLVED FURTHER, that in accord with the provisions of said Act, the City Council of the City of Midland requests the Township Board of the Charter Township of Midland to take action to complete said annexation.  (Motion adopted.)

 

Annexation of Property – 1367 and 1419 E. Saginaw Road

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

 

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

SECTION 2 T14N R1E COMMENCING AT INTERSECTION OF NORTH 1/8 LINE WITH NORTH LINE OF US 10, THEN EAST 365 FEET, SOUTH 240.18 FEET, NW 435.9 FT ALONG NORTH LINE OF US-10 TO POB

SECTION 2 T14N R1E COMMENCING 581 FEET WEST OF NORTH 1/8 CORNER ON EAST SECTION LINE WEST 265 FEET, SOUTH 240 FEET, SOUTHEAST 316.5 FEET, NORTH 414.6 FEET TO POB

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

 

Request to Revoke IFT Certificate – Soo RoMal Plastics, Inc.

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

 

WHEREAS, the City Council of the City of Midland on November 22, 1999 approved an application for an industrial facilities exemption certificate for a new facility (personal property) located at 1406 East Pine Street within the Tri-City Plastics Industrial Development District No. 1 as had previously been established by resolution of the Midland City Council on April 18, 1977; and

WHEREAS, the application for the certificate was made by Soo RoMal Plastics, Inc. with the certificate being for a twelve-year period with the exemption expiring December 30, 2012 and

WHEREAS, Ro-Mal Plastics, Inc. has voluntarily surrendered all of its assets to its secured creditors and ceased its operations on May 11, 2001 and that the City of Midland has not received any correspondence expressing interest in transferring the IFT exemption; and

WHEREAS, industrial facilities exemption certificate #1999-769 was issued by the State Tax Commission on the 6th day of June 2000 to Soo RoMal Plastics, Inc.; and

WHEREAS, Section 15 (2) of Public Act 198 of the Public Acts of the State of Michigan of 1974 (Plant Rehabilitation and Industrial Development Districts Act) provides that the legislative body of the governmental unit which approved the application for the certificate may request the State Tax Commission to revoke the industrial facilities exemption certificate if it finds, among other things, that the holder of the exemption has not proceeded in good faith with the operation of the facility in a manner consistent with the purposes of the public act and in absence of circumstances that are beyond the control of the holder of the exemption certificate; now therefore

RESOLVED, that the Midland City Council finds that the industrial facilities exemption certificate given to Soo RoMal Plastics, Inc. for a business at 1406 East Pine Street within the Tri-City Plastics Industrial Development District No. 1 is no longer being operated at that location in good faith and in a manner consistent with the purposes of Public Act 198 as Amended as a result of Ro-Mal Plastics, Inc. having voluntarily surrendered all of its assets to its secured creditors and having ceased its operations at said location; and

RESOLVED FURTHER, that on the basis of said findings the City Council of the City of Midland requests that industrial facilities exemption certificate #1999-769 issued to Soo RoMal Plastics, Inc. on June 6, 2000 be revoked.  (Motion adopted.)

 

2002 Washington Street Reconstruction; Contract No. 1

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Washington Street from Bay City Road to Patrick Road; and

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

RESOLVED, that the low sealed proposal submitted by Pyramid Paving of Essexville, Michigan, for the "2002 Washington Street Reconstruction; Contract No. 1", in the indicated amount of $158,027.20, 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.)

 

Purchase Order 8100 Amendment – Trenchless Sewer Reconstruction

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

 

WHEREAS, City Council awarded Bid No. 2571, Trenchless Sewer Reconstruction to Insituform Technologies, Inc. on May 6, 2002 for the lining of the existing 42” sanitary sewer on Swede Avenue from Eastlawn Drive to Sugnet Road (3900 lineal feet) with a liner that is 18 millimeters thick at a cost of $155.75 per lineal foot; and

WHEREAS, after further investigation of the existing 42” sanitary sewer, it has been determined that the inside diameter of the sewer pipe ranges from 42.5” to 44”, which is the result of more deterioration than originally expected; and

WHEREAS, Insituform Technologies has proposed increasing the thickness of the proposed liner to 19.5 millimeters to increase the structural integrity of the existing sanitary sewer after lining, at a cost of $7.95 per lineal foot, which results in a price increase of $31,005.00; and

WHEREAS, funding for this work is being provided from funds remaining in the sanitary sewer bond issue; now therefore

RESOLVED, that the Purchasing Agent is authorized to amend Purchase Order 8100 increasing the project amount by $31,005.00.  (Motion adopted.)

 

Periodical Subscription Services - Library

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

 

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

WHEREAS, the bid submitted by Magazine Subscription Service Agency was the lowest bid that was compliant to bid specifications; and

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

RESOLVED, that the sealed bid for Bid No. 2612 submitted by Magazine Subscription Service Agency for periodical subscription services for the Grace A. Dow Memorial Library in an amount not to exceed $33,500 is hereby accepted and the necessary purchase order authorized.  (Motion adopted.)

 

Roof Replacement – Washington Woods

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

 

WHEREAS, $27,000.00 has been budgeted in the 2002-03 Washington Woods Fund for the purpose of roof replacement of the Connector Building at Washington Woods; and

WHEREAS, Bri-Car Roofing and Sheet Metal, Inc. of Midland, Michigan has submitted the low bid for the labor and materials to perform this work; now therefore

RESOLVED, that the Purchasing Agent be authorized to issue a purchase order in the amount of $22,571.00 to Bri-Car Roofing and Sheet Metal, Inc.  (Motion adopted.)

 

Purchase - Police Cars and Light Duty Truck

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

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of police cars and light duty trucks is included in the 2002-03 Equipment Revolving Fund and General Fund budgets for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendors, Vollman Ford of Portland, Michigan in the amount of $42,513.28 for the purchase of two police cars; and Snethkamp Dodge of Lansing, Michigan in the amount of $64,819.12 for the purchase of three compact pickup trucks and one 3/4 ton 4 X 4 pickup truck, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion adopted.)

 


Purchase – Snow Plow Truck

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of two snow plow trucks, Bid No. 2610; and

WHEREAS, sufficient funding for the new trucks is included in the 2002-03 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the net amount of $130,278.35 for the purchase of two snow plow trucks, including trade-in of city equipment numbers 3-20 and 3-21, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Currie West Golf Course Expansion Project – Change Order

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

 

RESOLVED, that a change order in the net amount of $15,395.00 is hereby approved amending the contract with MJC Golf for the Currie west golf course expansion project that was approved on February 14, 2000; 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.)

 

Purchase – Golf Course Chemicals

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of golf course chemicals, Bid No. 2615; and

WHEREAS, sufficient funding for these golf course supplies is included in the 2002-03 Golf Course Fund budget under “Horticultural Supplies.”

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Turfgrass, Inc. of South Lyon, Michigan up to the amount of $80,609.50 for chemicals, fertilizer and grass seed in accordance with their proposals and city specifications.  (Motion adopted.)

 

St. Charles Park Phase II Softball Complex Restroom and Site Seeding

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Phase II of the development of the St. Charles Softball Complex, Bid No. 2593; and

WHEREAS, funding has been donated for the project and included in the project fund; and

WHEREAS, a project analysis has shown it is the best interest of the City to delete the asphalt paving as per alternate #1; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sugar Construction Company in the amount of $494,700.  (Motion adopted.)

 


Seeding of St. Charles Ball Fields

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a seeding service for the St. Charles Ball Fields, Bid No. 2595; and

WHEREAS, funding has been donated, and is available in a project fund for this purpose; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Murin company in the amount of $38,900 for the purchase of seeding services for the St. Charles Ball Fields.  (Motion adopted.)

 

Construction of Infields on St. Charles Ball Fields

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

 

WHEREAS, a recommendation has been made to award the seeding contract for the St. Charles Ball Fields to Murin Company; and

WHEREAS, staff has determined that using a single contractor for both the seeding and the infield construction will lead to a better overall project; and

WHEREAS, Murin Company has presented a proposal for the construction of the infields which has been evaluated to be a fair price; and

WHEREAS, funds have been donated for the St. Charles Ball Field Project; and

WHEREAS, Section 2-20 of the Midland Code of Ordinances allows the waiver of the competitive process by a 4/5 vote of City Council when donated funds are being used; now therefore

RESOLVED, that the competitive bid process is hereby waived in accord with section 2-20 of the Midland Code of Ordinances and the Purchasing Agent is authorized to issue a purchase order to Murin Company in the amount of $35,000 to provide materials and construction services to install the infields at the St. Charles Ball Fields.  (Motion adopted.)

 

Storage Basin Project; Change Order No. 3

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

 

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, in November 2001 a contract with Fisher Contracting Company of Midland, Michigan was executed by the Mayor and City Clerk for the construction of the storage basin; 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; and

WHEREAS, on August 12, 2002 Change Order No. 2 was approved by City Council, in the amount of $20,000.00, to lessen the visual impact to properties adjacent to the berm and to better control stormwater run-off from the exterior of the berm; and

WHEREAS, recent rain events have revealed that on the basin floor there exists areas where water collects and does not properly drain; and

WHEREAS, staff and its engineering consultants recommend the installation of approximately 2,800 lineal feet of 6-inch diameter perforated underdrain wrapped in a filter sock, to allow for the basin floor to properly drain; and

WHEREAS, funding is available in the contingencies category of the basin project budget and is within the state revolving funds limit for the 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 $4,002,401.48.  (Motion adopted.)

 

Cell 15 Development; Change Order No. 2

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

 

WHEREAS, on February 25, 2002 the Landfill Cell 15 Development Consultant, Bid No. 2554 was awarded in the amount of $28,752 to Earth Tech, Inc. of Livonia, Michigan; and

WHEREAS, on April 22, 2002 Council approved a change order to the original purchase order in the amount of $41,525, providing improvement recommendations to Cells 15 through 19 and performing design modifications to Cell 15 permit drawings; and

WHEREAS, the MDEQ has requested that the design drawings be updated and submitted to reflect the improvements for construction and closure for Cells 16 through 19 as well; and

WHEREAS, to address the uncertainty of the weather City staff recommends that the design plans should include an option to complete the construction in two seasons; and

WHEREAS, the remaining fill space in Cell 14 is not accurately known at this time, and overfilling would result in a permit violation, City staff requests authorization for a topographic survey to calculate the remaining fill space in Cell 14; and

WHEREAS, the MDEQ requested changes including updating the Construction Quality Assurance plan for the facility, adding detail for intermediate cell cover, and increasing the capacity of the primary collection sump to more easily comply with leachate depth regulations; and

WHEREAS, the total change order request for said requests and recommendations is $37,641.50; 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 City Manager is authorized to execute the change to the Earth Tech purchase order bringing the total amount of the purchase order to $107,918.50.  (Motion adopted.)

 

Emergency Sanitary Sewer Replacement on Ashman Street

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

 

WHEREAS, a complaint was made in May of this year by a City resident in the area of Ashman Street between Reardon and Carpenter Streets stating that their sewer was surcharged; and

WHEREAS, the pipe was then aggressively flushed by Wastewater staff to break loose the debris causing the blockage; and

WHEREAS, in early July Department of Public Services staff observed several depressions in the asphalt on Ashman Street in the area where the sewer was flushed in May; and

WHEREAS, upon video inspection of the pipe in that area staff was concerned that the street could soon sink into the sewer pipe or that sand and debris would fill the pipe and cause sewer backups, and hired Pat's Gradall Service of Midland, Michigan to replace the pipe and resurface the street where excavation was to be made; and

WHEREAS, the contractor has performed many repairs in the past for the City and has readily available crew and equipment enabling them to serve the needs of the City in emergency situations; and

WHEREAS, approximately 300 feet of 8", 6", and 4" pipe combined was replaced, and the street resurfaced in the area of excavation at a total cost of $21,424.10; and


WHEREAS, staff has reported sufficient funds are available in the Wastewater account 590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that a purchase order to Pat's Gradall Service, Inc. of Midland, Michigan is hereby authorized in the amount of $21,424.10.  (Motion adopted.)

 

2002 Commerce & Eastman Water Main Improvement Project

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

 

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

       COMMERCE DRIVE       from Eastman Avenue to 970 feet east

       COMMERCE COURT     from Commerce Drive to the end of the court

       EASTMAN AVENUE        from Commerce Drive 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, that the City Council finds and determines that the construction of said water mains, 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 COMMERCE & EASTMAN WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

       COMMERCE DRIVE       from Eastman Avenue to 970 feet east

       COMMERCE COURT     from Commerce Drive to the end of the court

       EASTMAN AVENUE        from Commerce Drive south to the end of the existing water main

Commencing at the Northwest Corner of Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; thence East 308 feet, along the north section line, to the Point of Beginning; thence East 662 feet, along the north section line, to the Jacobs Drain; thence Southerly 1426.24 feet, along the Jacobs Drain; thence West 967.03 feet, to a point 156 feet South from the north 1/8 corner on the section line common to sections 32 and 33; thence West 300 feet; thence North 1053 feet, parallel to said common section line; thence East 300 feet, to said common section line; thence North 233.5 feet, along the section line common to sections 32 and 33; thence East 308 feet; thence North 167.5 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 water mains, and that the total estimated cost and expense thereof is one hundred thirty thousand dollars ($130,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be seventy-six thousand one hundred seventeen and 57/100 dollars ($76,117.57) and that all other costs and expenses of said improvement amounting to fifty-three thousand eight hundred eighty-two and 43/100 dollars ($53,882.43) 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, September 9, 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.)

 

Proposed Amendment – 2002-03 City Budgets and Financial Working Plans

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

 

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, September 9, 2002, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Stormwater Management Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, and Downtown Development Authority Fund for the 2002-2003 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Transportation Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund, and the Service Center Rental Fund for the 2002-2003 fiscal year in order to provide funding for June 30, 2002 encumbrances.  (Motion adopted.)

 

NEW BUSINESS

Council Member Wazbinski expressed his appreciation to those members of the Michigan Legislature that helped override the Governor’s veto on revenue sharing.

 

Being no further business the meeting adjourned at 11:45 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk