REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN by HC111210172757

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									                              APRIL 19, 2004                                    109

REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN,
HELD MONDAY, APRIL 19, 2004 AT 6:30 P.M. IN THE COUNCIL CHAMBER OF THE
CITY HALL.

         Councilman O’Neal offered a prayer and led the pledge of allegiance.

         Mayor Ham called the meeting to order. The following Councilpersons were
present: Browning, Coleman, Cottrell, Coulouris, Haynes, O’Neal, Soza, Thurin and
Mayor Ham -9.

                                    ***************
        Attending the Committee of the Whole meeting held at 4:30 p.m. were
Councilpersons Browning, Cottrell, Coulouris, Haynes, O’Neal, Thurin, Mayor Ham, and
Councilman Coleman, Chair. Tim Dempsey, Development Director, and JoAnn Crary
and Steve Jonas, Saginaw Future, Inc., discussed Economic Development Incentive
Programs; and Tom Darnell, Director of Public Services, discussed the Solid Waste
Management.
                                    ***************
                 CORRECTION AND APPROVAL OF MINUTES
        The minutes of the regular meeting held April 5, 2004 were approved.

                                ANNOUNCEMENTS
          Marsha Cooley, United Way of Saginaw, accepted proclamation designating
April 18 – 24, 2004 as Volunteer Week in the City of Saginaw.

        Kathryn Rood, Saginaw Business & Professional Women, accepted
proclamation designating Tuesday, April 20, 2004 as Equal Pay Day in the City of
Saginaw.

        Suzanne Greenberg, Child Abuse and Neglect Council of Saginaw County,
accepted a proclamation proclaiming the month of April as Child Abuse Prevention
Month and the last Friday of April as Children's Memorial Day in the City of Saginaw.

                                PUBLIC HEARINGS
          The Clerk announced the public hearing set on vacating a portion of Mackinaw
Street lying between South Hamilton Street and South Niagara Street. Mayor Ham
called for comments. Jack Schmidt, Earl Jesse, Johnny Sanders and Bill Georges
appeared opposing the vacation of this particular portion of Mackinaw Street. Mayor
Ham called for additional comments. No one else was heard.
          Councilwoman Thurin moved to declare the hearing closed.
          Adopted unanimously.

         The Clerk announced the public hearing set on the Obsolete Property
Rehabilitation Exemption Certificate for 215 N. Park Street. Tim Dempsey asked for
favorable consideration of the request for the certificate. Mayor Ham called for
additional comments. No one else was heard.
110                            APRIL 19, 2004

         Councilman Browning moved to declare the hearing closed.
         Adopted unanimously.

                                PERSONAL APPEARANCES
           John Acklin, 3122 Fulton, asked why he has not been notified of the reason for
termination as a school crossing guard. [Police Chief Pussehl to address the matter
with Mr. Acklin.] Commented that 3038 Fulton are placing illegal size branches
curbside in front of 3034 Fulton.
           Jack Schmidt, USA, covered miscellaneous issues – water rate increase,
arsons/blight, mismanagement, tax cap, metropolitan police, Old Town businesses and
specific agenda items.
           Deborah McGuire, 2723 Schemm, President SEIU (Service Employees
International Union) Local 466-M, spoke on resolution to outsource the city’s rubbish
services affecting union jobs asking Council to vote no.
           Earl G. Jesse, 310 S. Harrison, updated Council on his investigation of the
Saginaw Transit Authority Regional Services (STARS).
                                      th
           Kevin Camese, 639 S. 14 , requested Council support in correcting problems
in Old Town and Downtown areas. As a new developer has placed an investment in
this city and feels it is important to protect the momentum found there.
           Brian Wood, 1961 Harry St., spoke on “isolated incidents” in Old Town. Felt it
left citizens feeling it is not safe. As a business owner assured it is a safe business
area. Business owners have proposed hiring a Saginaw Police Officer to patrol Old
Town on an overtime basis funded by private contributions at no cost to the city. This
matter is to be investigated by city administration.
           Helen McClellan, 5982 State St., has concern with entertainment being offered
at Shenanigan’s in Old Town and asked for a review.
           John Klein, 177 River Trail Dr., Bay City, MI, addressed safety in Old Town.
Supports the proposal of having policing at a visible level. Feels this is a solution and
an asset.
           Tom Kissel/Butch Burden, 10225 Tittabawassee, spoke on recent incident at
Captain’s Cove. Made changes to the format to help eliminate the problem that
occurred. Is prepared to work with other businesses in Old Town. Believe in this
community and support it. Will do what it takes for Old Town to be a fun and safe place
to visit. Mr. Burden added his point on view on the incidents.
           Johnny Sanders, 3420 Grant, commented that the Saginaw Police Department
can’t always be there to protect. This is a fact of life. Young people need to be taught
about the right things of life. Don’t use fear factor. It takes people being respectful of
each other. Time changes things.

        Councilwoman Cottrell moved to allow former Mayor Schrems opportunity to
address Council.
        Adopted by the following vote:
        Ayes: Councilpersons Coulouris, Haynes, O’Neal, Soza, Cottrell, and Mayor
Ham-6.
        Nays: Councilpersons Thurin, Browning and Coleman-3.
                                APRIL 19, 2004                                       111

         Delbert Schrems prefaced himself by stating his son is a Saginaw Police
Officer. He voiced disappointment on block grant funding for community policing and
Old Town incidents. Specifically addressed business at 1215 E. Genesee, the
Limelight Club. It was closed and apparently is now opened. This is an illegal
business. To make the Police Department more effective such illegal businesses must
be shut down.

                                REMARKS OF COUNCIL
           Councilwoman Thurin commented on policy decisions to be made and items
to consider – an applicable time frame, does it have far reaching impact or immediate,
what is the future affect. When implemented is it inclusive, does it address everyone’s
needs.
           Councilman Soza asked for traffic study along Cronk Street and some streets
that run perpendicular to it.
           Councilwoman Cottrell stated that police officers worked the Saginaw County
Fairgrounds at one time at the race track and wondered if it correlates to the proposal
of the Old Town business owners. Announced fundraiser for Police Reserve at First
Presbyterian Church, Friday, April 23, 2004. Asked the city revisit policy on grant
applications for Police Department funding. Is it possible to create BID’s (Business
Improvement Districts) where funds can be captured to direct toward police protection
of that specific area? Reported on a meeting held at St. Mary’s on farmland
preservation, a countywide land use plan and will share information with Council.
Although the city does not have farmland it can affect the city. State was offended by
remarks made over citizens such as the Whitney’s, Tim Dempsey, and JoAnn Crary
who serve loyally and work effortlessly for this community.
           Councilman O’Neal addressed Council’s charge is to uphold the standards of
the city and do what is in the best interest for it. Committed to focus on the positive yet
will not ignore the obvious. Council is fully aware of and heeds its role.
           Councilman Coulouris spoke to the strong anchors needed in our city as found
in Old Town and Downtown. Attended meetings where concerns have been expressed
over specific Old Town businesses. The City of Saginaw Code of Ordinances provides
procedure for investigation of liquor license establishments. Council has responsibility
to follow through. He will be asking Council to direct the City Manager to have the Chief
of Police compile the data. This is owed to the public and to the businesses in that
area. It needs to be pursued/handled in a very careful, measured way.
           Councilman Coleman added to Councilman Coulouris questions/statements –
is there a top ten list? Also, wants to make this a safe community for everyone and
require looking at citywide problems. Directed comments on the fact the present
Council is now making decisions that should have been made earlier and are therefore
taking the “heat” for them. Feels efforts of city employees go unnoticed and
unappreciated. Citizens need to put themselves in their shoes. Thanked employees
for job well done. Congratulated Habitat for Humanity for the new homes to be built.
           Councilman Haynes announced April 22, 2004 as Earth Day. GM Powertrain,
Saginaw Malleable Iron and Saginaw Metal Castings are sponsoring environmental
education. Reported on Saginaw Police Department data on homicides for 2002
through the present. Stated it is every citizen’s responsibility to try to reduce crime in
112                            APRIL 19, 2004

our city. Need to come together and make a change. Proposed that each church
adopt a young person who needs to be drawn in the right direction – improve his/her
quality of life. Encouraged everyone to be a part of the solution.
          Mayor Ham expressed her support of leading by example. Commended
Councilmen O’Neal and Haynes for their mentoring with youth. Recognized there are
bad apples in our community. The city must have zero tolerance for violence. Is
planning a town hall meeting in June for discussions to make this city safe. Thanked
Habitat for Humanity and the planned new housing. Announced various community
affairs that took place and are to come. Thanked those that participated and asked
everyone to take part.

                                     PETITIONS
04-10    From Alvin and Shirley McGregor, 2225 W. Moore Rd., requesting permission
         to erect a banner in the 500 block of Court Street from September 10, 2004
         through October 11, 2004 for the purpose of promoting the Church World
         Service Crop Walk.
         Councilman Coleman moved to approve the request.
         Adopted unanimously.

      REPORTS FROM BOARDS AND COMMISSIONS AND COMMITTEES
From the City Council Boards and Commissions Committee:
         Consideration of appointing JoAnn Crary and reappointing Tim Dempsey to
the Brownfield Redevelopment Authority, with terms to expire 12/31/06. Further
consideration of the appointment of Lori Brown to the Brownfield Redevelopment
Authority, to fill a vacancy, with a term to expire 12/31/06.
         Councilman Coleman moved to approve the recommendations.
         Adopted unanimously.

          Consideration of reappointing Tom Whitney and Nancy Ruh to the Historic
District Commission, with terms to expire 2/19/07.
          Councilman Haynes moved to approve the recommendations.
          Adopted unanimously.

From: The City Planning Commission
Subject: Alley vacation of the entire alley between East Genesee Avenue and South
Fourth Street
          Planning Commission Recommendation: It is recommended that the entire
alley lying between East Genesee Avenue and South Fourth Street be vacated subject
to a standard easement reservation for public utilities, cable TV and
telecommunications.
          Justification: The City of Saginaw Department of Public Services requested the
vacation of the entire length of the alley lying between East Genesee Avenue and
South Fourth Street and it was referred to the City Planning Commission for
investigation and a report with recommendation. The Commission held a public
hearing on this request on February 24, 2004 at 7:00 p.m. in the Council Chambers at
City Hall and all interested persons were heard.
                                APRIL 19, 2004                                       113

            From investigation and review of evidence presented at the hearing, the
Commission found that the alley proposed to be vacated is 20 feet wide and
approximately 385 feet long. All adjacent property owners and all utilities have been
notified. The alley vacation will enable Hidden Harvest to implement its plan to
construct a new building. The Commission found that the alley lying between East
Genesee Avenue and South Fourth Street is no longer needed. Therefore, it is
recommended that this alley be vacated subject to a standard reservation for public
utilities, cable TV, and telecommunications.
            Council Action: Councilman Coleman moved that the report from the Planning
Commission be received and filed and that the attached resolution be adopted
declaring City Council’s intention to vacate this alley.
            Adopted unanimously.

                           REPORTS FROM CITY MANAGER
Subject: Purchase of Variable Frequency Drive
          Manager’s Recommendation: I recommend that the only bid received from
Hamilton Electric Company, Saginaw, MI, be accepted and that a purchase order be
issued to them in the amount of $5,250.00. This vendor meets all requirements of the
Contract Compliance Provisions, Title 1, Chapter 14, §14.35-14.44, of the Saginaw
Code of Ordinances.
          Funds for this purchase are available in the Sewer Operation and Maintenance
Account No. 590-4830-861-7330.
          Justification: On March 16, 2004, the City received a bid for the purchase of a
variable speed drive (VFD) for use on a return activated sludge pump. This VFD is used
to control the flow of activated sludge back to the aeration tanks for the secondary
treatment process of the plant. Controlling the flow of return activated sludge is critical
to the process. The VFD will replace one of four obsolete Flowmatcher controllers. This
is the second of four replacements being made.
          There is no increase in cost for this item from the purchase price last year.
          Council Action: Councilman Coleman moved that the recommendation of the
City Manager be approved.
          Adopted unanimously.

          All City Manager recommendations to this point were adopted by general
consent. The following were considered after discussion.
Subject: Scraper Blades
          Manager’s Recommendation: I recommend that a purchase order be approved
and issued to Valk Manufacturing in the amount of $7,120.00 for the purchase of 200
underbody scraper blades.
          This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
          Funds for this purchase are available in the Major Streets Fund Account No.
202-4655-841-7330 ($3,560.00) and the Local Streets Fund Account No. 203-4655-
841-7330 ($3,560.00).
114                            APRIL 19, 2004

        Justification: The City’s Streets Division received a price quote from Valk
Manufacturing, Carlisle, PA. of $35.60 per scraper blade for the purchase of two
hundred (200) curved, double beveled scraper blades for the Streets Division. These
blades are bolted to the underbody plows for snow removal purposes. Valk
Manufacturing has supplied Streets Division with scraper blades for many years. They
have our blade and bolt pattern on file. They are the sole supplier of these blades.
        Council Action: Councilwoman Thurin moved that the recommendation of the
City Manager be postponed until the meeting of May 3, 2004.
        Adopted unanimously.

Subject: City Parking Lot #27
           Manager’s Recommendation: It is recommended that Council approve the
sale of Parking Lot #27 (315 Adams St., a.k.a. “The Pit”) for $1.00 to Westside Realty
pending final purchase and maintenance agreement. The agreement is subject to the
approval of the City Manager as to substance and the City Attorney as to form.
           Justification: Westside Realty (Robert Cady, Dennis Whalen, & James
Shinners), owners of the adjacent retail/warehouse facility at 303 Adams in Old
Saginaw City, seek to purchase for $1.00 City Parking Lot #27. Westside Realty is in
the ongoing process of redeveloping 303 Adams. Transfer of this lot has been
identified as a crucial element in their development efforts.
           Over the past eighteen months, over $60,000.00 has been invested in the
property. Completed work has included a new facade on Hamilton Street, retail space
for RiverCity Tile, a large 40’ mural, and a new “black box” theater that recently hosted
its first performances. The secured parking will enable development efforts to move
forward.
           The City of Saginaw currently has 15 leases in the lot, resulting in an annual
income to the city of $2,340.00 (15 x $13/month x 12 months). Current maintenance
costs of the lot are $2,295.00 annually. The lot is in need of long-term maintenance
work; sealed and patched (2-3 years) - $3,000; retaining wall repairs (2-3 years) -
$4,000; repaving (5-7 years) - $25,000.
           Westside Realty has agreed to sign a purchase and maintenance agreement
with the City that will outline the specific terms of the sale. The agreement will require
ongoing maintenance and ensure that fifteen spaces are made available to the current
leaseholders. The West Saginaw Civic Association is aware of this pending
arrangement and is agreeable to the terms.
           Council Action: Councilwoman Thurin moved that the recommendation from
the City Manager be approved.
           Adopted unanimously.

Subject: Military Leave Policy
          Manager’s Recommendation: I recommend a revision to the Military Leave
Policy in the City of Saginaw Employee Handbook allowing for changes in the benefits
provided to city employees who are drafted into the Armed Forces or who voluntarily
choose to serve in the military, and to reservists and National Guard members.
Because the current policy only addresses six months of military leave, I recommend
the following language be added to the policy to address the absence of a city
                                APRIL 19, 2004                                      115

employee on military leave beyond six months and up to one year:
“Upon completion of six months of military leave, and up to one year from the date the
leave began, if the employee is still on active duty, the employee can choose to receive
either the difference between the employee’s military pay and his/her City regular base
pay with the option to continue insurance coverage at the City’s rates under COBRA, or
up to six months of health, dental and vision benefits for the employee and his/her
family.”
           Justification: On March 10, 2003, Council approved the following policy:
 “This revised policy provides an added benefit change that allows the city to make up
the difference between the employee’s military pay and his/her City regular base bay
for the first six months of active duty. The policy further provides for up to a six-month
continuation of presently enrolled health, dental and vision benefits for the employee
and their family to run concurrent with the six month matching paid military leave
period. Those leaves that extend over six months will have the option to continue
insurance coverage at the City’s rates under COBRA.”
           Due to the ongoing military presence in Iraq and the effect on some members
of our workforce, it is necessary to extend the time period an additional six months.
           Council Action: Councilwoman Thurin moved that the recommendation of the
City Manager be approved.
           Adopted unanimously.

                      INTRODUCTION OF ORDINANCES
         Councilman Coulouris introduced an ordinance entitled and reading as follows:

AN ORDINANCE TO VACATE THE ENTIRE ALLEY LYING BETWEEN EAST
GENESEE AVENUE AND SOUTH FOURTH STREET, LOCATED IN THE CITY OF
SAGINAW, AND TO RETAIN THEREIN AN EASEMENT FOR PUBLIC UTILITIES,
CABLE TV AND TELECOMMUNICATIONS TO BE ADDED TO THE TABLE OF
SPECIAL ORDINANCES II OF THE SAGINAW CODE OF ORDINANCES.

         Laid over under the charter provision.

         Councilman Coleman introduced an ordinance entitled and reading as follows:

AN ORDINANCE AMENDING PARAGRAPH (A) of §52.53, “WATER CONNECTIONS”
OF CHAPTER 52, “WATER,” OF TITLE V, “PUBLIC WORKS,” OF THE CITY OF
SAGINAW CODE OF ORDINANCES, O-1.

         Laid over under the Charter Provision.

                CONSIDERATION AND PASSING OF ORDINANCES
          Councilman Browning moved that an ordinance introduced on April 5, 2004,
entitled and reading as follows, be taken up and enacted:
116                            APRIL 19, 2004

                                        O-18

AN ORDINANCE AMENDING SECTIONS 52.33 “CHARGE FOR PREMISES WITHIN
CITY” AND 52.34 “CHARGE FOR PREMISES OUTSIDE CITY” OF CHAPTER 52,
“WATER“ OF TITLE V, “PUBLIC WORKS” OF THE CITY OF SAGINAW CODE OF
ORDINANCES, O-1.

The City of Saginaw ordains:

        Section 1. Section 52.33 “Charge for Premises Within City” and Section 52.34
“Charge for Premises Outside City” of Title V, “Public Works” of the Saginaw Code of
Ordinances are hereby amended and shall read as follows:

§ 52.33 CHARGE FOR PREMISES WITHIN CITY.

         (A) Treated and filtered water. The net rate charged for treated and filtered
water to consumers within the limits of the City shall be the sum of the readiness-to-
serve charge and the commodity charge.
                   (1) Readiness-to-serve charge. Readiness-to-serve charge, based
on the size of the water meter:


             Meter Size (inches)           Charge per Month

              5/8                              $2.60

             ¾                                  3.00

             1                                  3.80

             1½                                 5.80

             2                                  8.20

             3                                 14.50

             4                                 21.60

             6                                 41.40
                                APRIL 19, 2004                              117


            8                               65.10

            10                              92.80



                 (2) Commodity charge. Commodity charge, based upon the amount
        of water used:


            Usage per Month (gallons)     Charge per One Thousand
                                          (1,000) Gallons

            First 333,000                   $1.41

            Next 667,000                      1.33

            Over 1,000,000                   1.28



        (B) Unmetered fire connections.

                (1) The net rate charged for unmetered fire connections shall be a
demand charge, based upon the size of the connection pipe as follows:



            Connection Size (inches)        Charge per Month

                 4 or smaller                  $ 7.33

                 6                             14.76

                 8                             31.44

                 10                            56.53

                 12                            91.36
118                             APRIL 19, 2004

                    (2) The above charges shall include only water used to extinguish
fires. No water shall be used from a fire connection for any purpose other than the
extinguishment of fires unless such water is metered and paid for as follows:
                             (a) Water used to maintain pressure on a privately-owned
fire line system at a pressure above the normal pressure maintained in the City water
mains shall be charged at the standard commodity charge.
                             (b) Water used for any purpose other than subsection (a)
above shall be metered separately and charged at the rate of two dollars ($2.00) per
one thousand (1,000) gallons.

                   (3) The unauthorized use of unmetered water from a fire connection
shall upon notice by the Director of Finance terminate the customer's privilege of having
an unmetered fire connection.

          (C) Public fire hydrants. The charge for public fire hydrants, including the use
of water for extinguishing fire, shall be one hundred seventy-nine dollars and sixty cents
($179.60) per hydrant per year.

§ 52.34 CHARGE FOR PREMISES OUTSIDE CITY.

         (A) Treated and filtered water to retail consumers. The net rate charged for
treated and filtered water to retail consumers outside the limits of the City, except other
municipalities and public agencies authorized by law to own or operate a water supply
system and except consumers having an agreement approved by the Council which
does not refer to this section to determine rates, and shall be the sum of the readiness-
to-serve charge and the Commodity Charge.
                    (1) Readiness-to-serve charge. Readiness- to-serve charges based
on a monthly charge as follows:


              Meter Size (inches)             Charge per Month

               5/8                               $ 5.00

              ¾                                    8.33

              1                                   16.67

              1½                                  33.33

              2                                   56.67
                               APRIL 19, 2004                                 119

                 (2) Commodity charge. Commodity charge based upon the amount
of water used at one dollar and ninety-six cents ($1.96) per one thousand (1,000)
gallons.
         (B) Out of City wholesale water rates for other municipalities and other
wholesale customers.
                 (1) Commodity charges.
                          (a) The net rate charged for treated and filtered water to
wholesale customers, based on the total amount of water used, irrespective of the
number of connections or meters:


             Usage (gallons)           Charge per One Thousand
                                       (1,000) Gallons

             For all Usage                $0.497



                 (2) Readiness-to-serve charge. Readiness- to-serve charge shall be
charged monthly as indicated:


             Wholesale Customer           Charge per Month

             Bay City Country Club            $5,700.00

             Bay County/Frankenlust           10,100.00

             Birch Run                        57,300.00

             Blumfield-Reese                  14,400.00

             Bridgeport                       18,400.00

             Buena Vista                      19,400.00

             Carrollton                       10,400.00

             Delta College                     5,900.00
120                           APRIL 19, 2004


             Frankenmuth                        78,100.00

             James/Swan         Creek/St.       17,300.00
             Charles

             Kochville                          14,400.00

             Delphi                               4,500.00

             Saginaw Township                   81,600.00

             Spaulding                            5,000.00

             Taymouth                             8,800.00

             Thomas                             45,600.00

             Tittabawassee                      63,600.00

             Zilwaukee                            7,100.00


         Section 2.This ordinance shall become effective April 29, 2004.
         Enacted: April 19, 2004

          Councilman Coleman moved that an ordinance introduced April 19, 2004,
entitled and reading as follows, be taken up and enacted:

                                 O-19
AN ORDINANCE TO VACATE A PORTION OF MACKINAW STREET LYING
BETWEEN SOUTH HAMILTON STREET AND SOUTH NIAGARA STREET, LOCATED
IN CITY OF SAGINAW, IN DIVISION SOUTH OF CASS STREET, AND TO RETAIN
THEREIN AN EASEMENT FOR PUBLIC UTILITIES, CABLE TV AND
TELECOMMUNICATIONS TO BE ADDED TO THE TABLE OF SPECIAL ORDINANCE
II.

The City of Saginaw Ordains:
         Section 1. That Mackinaw Street lying south of South Hamilton Street and
north of South Niagara Street, be and same is hereby vacated.
         Section 2. That there is hereby reserved in the street vacated an easement for
                                APRIL 19, 2004                                       121

public utilities, cable TV and telecommunications to the same extent as though said
street had not been vacated and no structure shall hereafter be erected thereon without
the prior written consent of the City of Saginaw.
          Section 3. The official map of the City of Saginaw is hereby amended
accordingly.
          Section 4. This ordinance shall take effect on April 29, 2004.
          Enacted: April 19, 2004.
          Adopted unanimously.

                                     RESOLUTIONS
         Councilman Coulouris offered and moved adoption of the following resolution:
         WHEREAS, Cost Agreement No. 04-5022 has been submitted by the
Michigan Department of Transportation, which requires the City of Saginaw to adopt a
resolution indicating its willingness to participate in the reconstruction work along Weiss
Street from Michigan Avenue to Carrollton Road; including concrete pavement,
concrete curb and gutter, drainage structures, ADA sidewalk ramps, water main
replacement; together with necessary related work; and
         WHEREAS, the agreement has been approved by the City Manager as to
substance and by the City Attorney as to form.
         NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk be
authorized to execute said agreement on behalf of the City of Saginaw.
         Adopted unanimously.

   RESOLUTION ACCEPTING MMWA SOLID WASTE SERVICES CONTRACTS
          Councilman Coleman moved to postpone the adoption of the following
resolution and to include this matter in budget deliberation.
          Adopted unanimously.
          WHEREAS, the Mid Michigan Waste Authority (“Authority”) has entered into
contracts for the following solid waste management services with independent
contractors:
          1. Recycling Processing Agreement with Resource Recycling Systems/FCR
               (“Recycling Contract”);
          2. Yard Waste Composting Agreement with City of Saginaw, Michigan
               (“Composting Contract”);
          3. Collection Agreement with Waste Management Saginaw (“Collection
               Contract”);
          4. Solid Waste Disposal Agreements with Tay-Ban Corporation, now known
               as Republic and with City Environmental Services, Inc., now known as
               Waste Management/People’s Landfill, (collectively “Solid Waste Disposal
               Contract”).
Copies of the above agreements are incorporated herein by reference, and
          WHEREAS, it is determined to be necessary and desirable and in the best
interest of the City of Saginaw (“Municipality”), currently a member of the Authority, that
it participate in the below noted service provision contracts, effective
___________________, and enter into a contract with the Authority for said services.
122                             APRIL 19, 2004

           NOW THEREFORE BE IT RESOLVED, THAT
           1. It is hereby found to be necessary and desirable for the Municipality to
               enter a contract with the Authority to provide the services set forth in the
               following contracts:
               _____ Collection Services (__ Refuse __Recycling __Yard Waste)
               _____ Recycling Processing Contract
               _____ Yard Waste Composting Contract
               _____ Solid Waste Disposal Contract
           2. The Municipality shall include in its budget the sum or sums necessary
               each year to meet the payment(s) due the Authority for elected services
               rendered and its pro rata share of administrative costs based upon the
               number, provided by the Municipality of household units served in its
               individual community.
           BE IT FURTHER RESOLVED that the Municipality’s City Council hereby
ratifies the contract for provision of services upon the effective date of the contract.
           YEAS: _______________________________________
           NAYS: _______________________________________
           ABSTENTIONS: ________________________________

          Councilman Browning offered and moved the adoption of the following
resolution.
          WHEREAS, the Rubbish Fund has a June 30, 2003 deficit in the amount of
$478,270; and
          WHEREAS, the State of Michigan requires all funds with deficits to have
elimination plans; and
          WHEREAS, the plan includes an increase in the annual fee from $45.00 to
$50.00 and elimination of Rubbish Fund Services; now
          THEREFORE, BE IT RESOLVED that the Rubbish Fund’s deficit elimination
plan calls for elimination of the deficit by June 30, 2006.
          Adopted unanimously.

          Councilwoman Cottrell offered and moved the adoption of the following
resolution:
          WHEREAS, the City of Saginaw is a Qualified Local Governmental Unit; and
          WHEREAS, under P.A. 146 of 2000, the City of Saginaw is authorized to form
Obsolete Property Rehabilitation Districts and approve applications for Obsolete
Property Exemption Certificates; and
          WHEREAS, the City of Saginaw Council approved the formation of an
Obsolete Property Rehabilitation District at 215 N. Park Avenue, TAX ID 03-0399-000-
00, “the facility”; on February 23, 2004, following a public hearing regarding district
formation; and
          WHEREAS, the proposed rehabilitation of the facility will not result in
aggregate exemptions, under P.A. 146 of 2000, exceeding 5% of the total taxable value
of the City of Saginaw; and
          WHEREAS, a public hearing was held on April 19, 2004 and the Obsolete
Property Exemption Certificate application was approved by the City of Saginaw
                                  APRIL 19, 2004                                         123

Council; and
           WHEREAS, the applicants, Lee and Betty Williams, are not delinquent in any
taxes related to the facility; and
           WHEREAS, the facility has been deemed obsolete by the City of Saginaw
pursuant to P.A. 146 of 2000; and
           WHEREAS, the applicant has submitted items A through E on line 9 of the
Michigan Department of Treasury form 3674 (8-00); and
           WHEREAS, the commencement of the rehabilitation of the facility did not
occur before establishment of the Obsolete Property Rehabilitation District; and
           WHEREAS, the facility is located within an Obsolete Property Rehabilitation
District and its rehabilitation will constitute a rehabilitated facility pursuant to P.A. 146 of
2000; and
           WHEREAS, the rehabilitated facility is calculated to, and will at the time of
issuance of the certificate, have the reasonable likelihood to increase commercial
activity, create employment, retain employment, prevent a loss of employment, and
revitalize an urban area; and
           WHEREAS, the rehabilitation will result in an investment that exceeds 10% or
more of the true cash value of the property pursuant to P.A. 146 of 2000; and
           WHEREAS, the City of Saginaw is stipulating that the applicant complete the
rehabilitation by December 31, 2006; and
           WHEREAS, the certificate shall be in effect for a period of twelve (12) years;
now
           THEREFORE, BE IT RESOLVED that the City of Saginaw hereby approves
the Obsolete Property Rehabilitation Exemption Certificate application, pursuant to
Public Act 146 of 2000, as amended, for the eligible property legally described as:
215 N. PARK, ASSESSOR’S FILE 03-0399-000-00
LOTS 10 & 11, BLOCK 85, MAP OF THE CITY OF EAST SAGINAW, ALSO
COMMONLY KNOWN AS HOYT'S PLAT.
           Adopted unanimously.

         Councilman Coleman offered and moved adoption of the following resolution:
         WHEREAS, the City of Saginaw recognizes the potential risk and burden to
developers working with brownfield sites; and
         WHEREAS, the City of Saginaw desires to facilitate the clean-up and
redevelopment of brownfield sites; and
         WHEREAS, the City of Saginaw has a demonstrated track record in the use of
previous environmental grants; and
         WHEREAS, the City of Saginaw is not required to provide matching funds, and
         WHEREAS, the City of Saginaw agrees to undertake the project if awarded;
and
         WHEREAS, the proposed activities are consistent with the City’s Master Plan,
development plans, and zoning ordinance; and
         WHEREAS, the Michigan Department of Environmental Quality is soliciting the
submission of grants to fund environmental assessments and clean-up activities; now
         THEREFORE, BE IT RESOLVED that City Council hereby authorizes the
submission of an area wide assessment and testing grant to the Michigan Department
124                           APRIL 19, 2004

of Environmental Quality.
         Adopted unanimously.

         Councilman Coleman offered and moved adoption of the following resolution:
         WHEREAS, the City of Saginaw recognizes the need to strategically plan for
neighborhood revitalization; and
         WHEREAS, the City of Saginaw is in the formative stages of implementing a
Neighborhood Governance program; and
         WHEREAS, the Saginaw Community Foundation has granted the City of
Saginaw $8,000 for the “Neighborhood Governance Model – District 1” project; and
         WHEREAS, the City of Saginaw is not required to provide matching grants
funds; now
         THEREFORE, BE IT RESOLVED that City Council hereby accepts and
authorizes implementation of the Neighborhood Governance Model grant in the amount
of $8,000 from the Saginaw Community Foundation.
         Adopted unanimously.

          Councilman Haynes offered and moved the adoption of the following
resolution:
          WHEREAS, the City of Saginaw constructed the Hancock Retention Basin
Parking Deck Structure as of June 30, 1999; and
          WHEREAS, the total project exceeded $3.2 million and external auditors
determined that $232,191.49 of the cost should be charged to the Parking Fund; and
          WHEREAS, this determination was based on an itemized pay request, an
interview with the City Manager and the consulting engineer from Hubbell, Roth & Clark
and an on-site visit by the auditors; and
          WHEREAS, management has determined that the Sewer Fund has benefited
from this parking deck structure: and
          WHEREAS, the Parking Fund does not have sufficient funds to cover the cost
and the liability has been on its balance sheet for more than four (4) years; now
          THEREFORE, BE IT RESOLVED, that the Parking Fund’s balance due to
Sewer Fund be adjusted from $232,191.49 to zero effective April 1, 2004 and that the
Finance Director be given authority to make the adjustment within the 2003-2004 fiscal
year.
          Adopted unanimously.

                      RESOLUTION OF INTENT TO VACATE
         Councilman Coleman offered and moved adoption of the following resolution:
         WHEREAS, the City Planning Commission held a public hearing on February
24, 2004, on a proposal to vacate the entire alley lying between East Genesee Avenue
and South Fourth Street; and
         WHEREAS, after a duly advertised public hearing, the Commission found that
the public and private interests would be best served by vacation of the alley as
requested.
         NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saginaw hereby declares its intent to vacate the entire alley lying between East
                             APRIL 19, 2004                                  125

Genesee Avenue and South Fourth Street in the City of Saginaw.
        BE IT FURTHER RESOLVED, that the City Council will meet on May 17, 2004
at 6:30 p.m. in the Council Chambers at City Hall to hear any objections to the
proposed street vacation.
        Adopted unanimously.

                    MOTIONS AND MISCELLANEOUS BUSINESS
         Councilman Coulouris moved to request a formal report from the City Manger
on the citywide hot spot problem locations relating to liquor/entertainment and to
specifically include Shenanigan’s and Captain’s Cove based in Old Town.
         Adopted unanimously.

At 9:55 p.m. on motion the Council adjourned.


Yolanda S. Olgine
City Clerk

								
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