Concrete Pump Exempt Sales Tax Michigan by glq14167

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									                     JUNE 28, 1999                          281

REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN,
HELD MONDAY, JUNE 28, 1999 AT 6:30 P.M. IN THE COUNCIL CHAMBER OF
THE CITY HALL.

       William Bailey offered a prayer and led the pledge of
allegiance.

       Mayor Loster called the meeting to order. The following
Councilmembers were present: Cottrell, Dankert, DeGuise, Ham,
Schrems, Seals, Soza, Williams and Mayor Loster.
                         ***************
                      PERSONAL APPEARANCES
       Certificates of Appreciation were presented to the
following members of the Gang Task Force in recognition of their
outstanding work and collaborative efforts: Vincent Breckenridge,
Russell Uphold of the Buena Vista Police Department; Paul Cowley,
Robert Lucas of the FBI; William Doran of the Carrollton Police
Department; Gary Fini, Troy Jolin, John McRae of the Saginaw
County Sheriff Department; Owen McGuigan, Paul Pummill, Robert
Thomas, Scott Woodard of the Michigan State Police Department;
and Joaquin Guerrero Jr., Scott Richmond, Vince Sanchez of the
Saginaw Police Department.
       Norma Rivas-Ricci, U.S. Census 2000, discussed the effort
underway to obtain a management staff for the census program and
gave update on other related issues.
       Jack O. Schmidt, 1620 N. Oakley, addressed the need to
have better restroom facilities available at Bliss Park and other
parks and further presented reasons for opposing the raising of
taxes.
       John Acklin, 3122 Fulton, stated properties at 2712 and
2716 Webber have tall grass and need to be boarded up.
       Terry Sangster, 2221 Frueh, spoke in support of the Delphi
tax abatement request; explained a program called “Time Dollar”
which offers a person in need an opportunity to use his/her
skills to earn monetary credit through service to the community;
and proposed that the City consider contracting residents to get
work done in the community.
       Johnny Sanders, 3420 Grant St., inquired on street
sweeping and cutting of grass on south side; commented on other
general issues – dangerous walkways, work performed through CAC
and gun regulations.

                  PETITIONS AND COMMUNICATIONS
       Councilman DeGuise moved to receive and file the following
Petitions:

99-23        From the City of Saginaw, requesting approval of
             the Application for Neighborhood Enterprise Zone
             Certificate for the property at #11 Harmony Court.
282                    JUNE 28, 1999

99-25 to
99-27         From the City of Saginaw, requesting approval of
              the Application for Neighborhood Enterprise Zone
              Certificate for properties at #31 Harmony Court,
              #35 Harmony Court, and #36 Harmony Court.
99-28 to
99-41         From the City of Saginaw, requesting approval of
              the Application for Neighborhood Enterprise Zone
              Certificate for properties at 624 Munson, 625
              Munson, 630 Munson, 631 Munson, 636 Munson, 637
              Munson, 703 Munson, 711 Munson, 716 Munson, 719
              Munson, 724 Munson, 725 Munson, 730 Munson, and 731
              Munson.

       Adopted unanimously.

                   REPORTS FROM CITY MANAGER
From: The City Manager
       The City's Maintenance and Service Garage Division
requires a vast array of after market vehicle parts and supplies
for the operation and maintenance of fleet vehicles from July 1,
1999 through June 30, 2000. A yearly contract proposal is not
feasible because there is no way to determine quantities and
parts that will be required in any given time period. Issuing
individual purchase orders is costly and administratively time-
consuming. Therefore, as in past years, we are requesting
authorization to issue purchase orders to the following vendors:

      * Larry’s Auto Supply               $5,000.00
        Saginaw (In-City)

      * Dorr Auto                         $2,000.00
        Saginaw (In-City)

      * Certified, Saginaw-based, small business

       Maintenance and Service Garage personnel will price quote
items and award to the lowest and best vendor for each item.
The parts and supplies will be ordered from the successful
bidder and billed to the respective purchase order.
       These vendors meet all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these supplies are budgeted in the Water and
Sewer Operation and Maintenance Fund Account Nos. 591-4721-861-
7312 ($3,500.00) and 590-4821-861-7312 ($3,500.00).
                     JUNE 28, 1999                         283

       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 1,1999, the City received one bid for the supply
of tires for Fire Department vehicles to be purchased as needed
from July 1, 1999 through June 30, 2000. Dick Scott Tire Sales,
Inc. (Certified, Saginaw-based, small business) submitted the
only bid for a total cost of $8,230.14 for 10 different sized
tires.
       The Purchasing Committee has reviewed the bid and I
recommend that it be accepted and that a purchase order be
approved and issued to them in the amount of $8,230.14.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these tires are budgeted in General Fund Fire
Apparatus Operation and Maintenance Account No. 101-3754-751-
7312.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       Transmitted herewith is a contract with Robert Lier, an
independent contractor, to provide technical services to the
City's Engineering Division. The purpose of this agreement is to
fix the rights and obligations of all parties in furnishing said
services on an as- needed basis. Mr. Lier is a former supervisor
within the division with more than 30 years of experience and
will function as technical support to the division during peak
periods of work activity.
       I recommend that the Agreement be approved from July 1,
1999 through June 30, 2000 for an amount not to exceed
$15,500.00. Mr. Lier shall invoice the City monthly, indicating
hours of services performed. Services shall be paid at $15.50
per hour. The contract can be cancelled by either party with 30
days’ notice.
       The contract has been approved by me as to substance and
by the City Attorney as to form.
       Funds for this contract are budgeted in the General Fund
Public Improvements Account No. 101-4611-781-8001.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
      On June 8, 1999, the City received bids for an annual
284                    JUNE 28, 1999

supply of PVC sewer pipe and fittings that will be used by the
General Services Department Maintenance and Service Division in
the construction and repair of the City's sewage collection
system from July 1, 1999 through June 30, 2000.          A cost
comparison shows a 24% increase over the previous year due to an
increase in the number of parts included in the bid. Following
is a tabulation of the bids received:

      Stephens Tile Company              $ 9,213.11
      Birch Run, MI

      Etna Supply Company                  9,289.16
      Grand Rapids, MI

      East Jordan Iron Works              11,511.21
      Sunfield, MI

      Michigan Pipe & Valve               12,886.64
      Carrollton, MI

      Premarc                             14,666.28
      Durand, MI

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from Stephens Tile Company be accepted
and that a purchase order be approved and issued to them in the
amount of $9,213.11.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this material are available in the Water
Operation and Maintenance Fund Inventory Account No. 591-0000-
171-11-30.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 1, 1999, the City received one bid for the
purchase of a variety of tires for the Police Department vehicle
fleet from July 1, 1999 through June 30, 2000. A cost comparison
shows a 16% decrease from last year. The complete list of tires
is attached and a summary of the bid is listed below:

      Scott Tire Sales, Inc.
      Saginaw (in-City)                  $16,625.49

       I recommend that the bid from Scott Tire Sales, Inc. be
accepted and that a purchase order be approved and issued to them in
the amount of $16,625.49.
                   JUNE 28, 1999                        285

       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these tires are budgeted in the General Fund
Police Building Management Account No. 101-3014-721-7312.
286                    JUNE 28, 1999

       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 1, 1999, the City received bids for the purchase of a
variety of filters for the Police Department vehicle fleet from July
1, 1999 through June 30, 2000. This is the first year for bidding
filters for the Police Department separate from the main garage and
represents a 17% decrease in cost for the same number of filters in
FY-99. Due to the extensive number of filters bid a summary of the
tabulations is listed below and the full bid list is attached.

      Star Sales and Service, Inc.
      Bay City, MI                       $2,071.84

      Universal Lift Parts
      Flint, MI                          $2,680.49

       I recommend that the low bid from Star Sales and Service, Inc.
be accepted and that a purchase order be approved and issued to it in
the amount of $2,071.84.
       The vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these parts are budgeted in the General Fund
Police Building Maintenance Account No. 101-3014-721-7312.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 1, 1999, the City received bids for the purchase of a
variety of repair parts for the Police Department vehicle fleet from
July 1, 1999 through June 30, 2000. This is the third year for a
comprehensive list and covers all OEM dealer only parts expected to
be used. Due to the extensive nature of the parts list a summary of
the bid tabulations is listed below and the full bid list is
attached.
       Star Sales and Service, Inc.
       Bay City, MI                       $ 23,600.40

      McDonald Ford
      Freeland, MI                        $   4,947.43

       I recommend that the above listed bids be accepted and that
purchase orders be approved and issued to them in the appropriate
amounts.
       These vendors meet all requirements of Contract Compliance
Ordinance D-1315.
                     JUNE 28, 1999                          287

       Funds for these parts are budgeted in the General Fund
Police Building Maintenance Account No. 101-3014-721-7312.
       Councilman Schrems moved that the recommendations of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 8, 1999, the City received bids for the removal of
old carpet and the purchase and installation of new carpeting in
various offices at the Law Enforcement Center.      The existing
carpet was installed when the building was erected in 1978.
Following is a tabulation of the bids received:

      Northeastern Paint
      Saginaw (out-City)                 $3,342.00

      A.T. Frank
      Saginaw (out-City)                 $3,400.00

      Facility Matrix Group
      Saginaw (out-City)                 $3,590.00

      O'Connors Decorating
      Saginaw (out-City)                 $3,860.00

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from Northeastern Paint be accepted
and that a purchase order be approved and issued to them in the
amount of $3,342.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this carpet are budgeted in the Local Law
Enforcement Block Grant Fund Account No. 263-3321-741-7330.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 15, 1999, the City received one bid from Carrier &
Gable, Inc., Farmington Hills, MI in the amount of $46,441.00 for
traffic signal equipment for the Traffic Engineering section of
General Services.    This equipment is necessary to modernize
traffic signal equipment at the City intersections of Sheridan at
Hess, Sheridan at Gallagher, Sheridan at Webber and Hess at
Genesee.
       All equipment for the Sheridan Avenue intersections is in
accordance with MDOT work authorization and eligible for
reimbursement.    All equipment costs for the Hess/Genesee
intersection will be equally shared with Saginaw County Road
288                    JUNE 28, 1999

Commission in accordance with an agreement made between the City
and the Road Commission. A cost comparison shows no significant
change in comparable unit prices since the last purchase made on
May 4, 1999.
       The Purchasing Committee has reviewed the bid and I
recommend that it be accepted and that a purchase order be
approved and issued to Carrier & Gable, Inc. in the amount of
$46,441.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this equipment are budgeted in the Major Streets
Fund Account No. 202-4651-841-7330. MDOT and Saginaw County Road
Commission will reimburse the City for cost of this equipment in
accordance with said work authorizations.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 8, 1999, the City received bids for restroom
partitions and repairs to the Ojibway Island and Civitan
Recreation Center restrooms. These will replace the original
partitions at these locations. There is no comparable pricing
because there is no record of the cost of the original
partitions. The following is a tabulation of the bids received:

      Allen Supply Co.                          $3,706.50
      Saginaw (out-City)

      Zanner Products                            4,179.00
      Saginaw (out-City)

      Symons Building Specialities               4,778.00
      Saginaw (out City)

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from Allen Supply be accepted and that
a purchase order be approved and issued to them in the amount of
$3,706.50.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these partitions are budgeted in the General
Fund Parks Building Maintenance Account No. 101-7536-811-7330.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
      On May 25, 1999, the City received bids for a 24 vertical
                     JUNE 28, 1999                          289

shaft dry pit centrifugal sewage pump for the Wastewater
Treatment Division. This pump replaces a unit that has been in
service since the plant went into service in 1952. The existing
pump will be rebuilt and used as a spare unit, decreasing the
amount of time the plant has to operate without full pump
capacity. The alternate portion of this bid provides the pump
with a stainless steel impeller rather than the traditional cast
iron. The stainless steel impeller will last longer than the
cast iron and it will be easier to repair.       Following is a
tabulation of the bids received:

ABBA Parts and Service     $49,000.00    Alternate    $56,500.00
Burlington, Ontario

Hydrodynamics               53,641.00    Alternate      80,853.00
Waterford, MI

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from ABBA Parts and Service for the
alternate unit be accepted and that a purchase order be approved
and issued to them in the amount of $56,500.00
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this pump are budgeted in the Sewer Surplus Fund
Account No. 576-4840-881-8040.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 8, 1999, the City received bids for an annual
supply of watermain pipefittings that will be used by the General
Services Department Maintenance and Service Division for the
construction and repair of the water distribution system from
July 1, 1999 through June 30, 2000. A cost comparison shows an
increase of 40% from the previous purchase that is due to an
increase in the amount of materials needed to maintain the
distribution system. Following is a tabulation of the bid
received:

      East Jordan Iron Works             $85,869.10
      Sunfield, MI

      Etna Supply                         87,887.75
      Grand Rapids, MI

       The Purchasing Committee has reviewed the bids and I
recommend that the bid from Etna Supply be accepted and that a
purchase order be approved and issued to them in the amount of
290                  JUNE 28, 1999

$87,887.75. East Jordan Iron Works bid some substitute items
which did not meet City specifications.
                        JUNE 28, 1999                       291

       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this material are available in the Water
Operation and Maintenance Fund Inventory Account No. 591-0000-
171-1130.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 8, 1999, the City received bids for sixty City
standard catch basin grates that will be used by the General
Services Department Maintenance and Service Division in the
construction and repair of the City's sewage collection system
from July 1, 1999 through June 30, 2000. A cost comparison shows
a decrease of 29% since the previous purchase which is attributed
to competitive bidding. Following is a tabulation of the bid
received:

        U S Filter                       $ 6,854.40
        Saginaw (Out-City)

        East Jordan Iron Works             7,665.00
        Sunfield, MI

        Premarc Corp.                      8,007.00
        Durand, MI

        Northern Concrete Pipe            22,380.00
        Bay City, MI

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from U S Filter be accepted and that a
purchase order be approved and issued to them in the amount of
$6,854.40.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this material are available in the Water
Operation and Maintenance Inventory Account No. 591-0000-171-
1130.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From:  The City Manager
       On April 27, 1999, the City received a written request
from Dick Scott Tires Sales, Inc. to extend their current
contract for recap tires that are purchased as needed for the
City Garage from July 1, 1999 through June 30, 2000.      The
292                    JUNE 28, 1999

constant performance tire program, using Goodyear Tires, and then
retreading with the same tread design and compound has worked
very well for the fleet this past year.
       I recommend that this contract be extended through June
30, 2000 per terms and conditions of the current contract and
that a purchase order be approved and issued to them in the
amount of $45,000.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these tires are budgeted in the Motor Pool Fund
Account No. 661-4480-841-7312.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From:  The City Manager
       On May 25, 1999, the City received bids for ready mix
concrete. This amount represents the approximate annual usage by
the Division of Streets and Parks for the repair of streets,
bridges and sidewalks. The concrete prices shows a decrease of
$2.00 per yard over last year for 35S (6 sack) and an increase of
$1.00 per year over last year for 35 HE (9 sack). An analysis of
concrete orders over the past nine months indicate nearly 60% are
for 35S (6 sack).      Following is a tabulation of the bids
received:

                           *Saginaw Rock        Carrollton
                            Products            Concrete
                            Saginaw (in-City)   Carrollton, MI

35S per yd (6sack)         $60.00               $70.00
35HE per yd (9sack)         75.00                85.00
P FS                        75.00                85.00
Delivery Charges:
1 yd per load               55.00                50.00
2 yd per load               45.00                50.00
3 yd per load                n/c                  n/c
4 yd per load                n/c                  n/c
5 yd per load                n/c                  n/c
5 yd or more                 n/c                  n/c
Saturday del. P/yd           3.50                 5.00
Wkdys after 3 p m            3.50                 5.00
Demurrage per hr.           55.00                80.00

*Certified, Saginaw-based, small business

       The Purchasing Committee has reviewed the bids and I
recommend that the bid from Saginaw Rock Products be accepted and
that a blanket purchase order be approved and issued to them in
                    JUNE 28, 1999                          293

the amount of $80,000.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
294                    JUNE 28, 1999

       Funds for this material are budgeted in the Municipal
Streets Fund Account No. 204-4615-781-7340.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From:  The City Manager
       On May 25, 1999, the City received bids for thirty tons of
hot pour crack sealing compound. This material is used by the
Streets Division for street maintenance.         Following is a
tabulation of the bids received:

        DeWitt Products Company          $16,920.00
        Detroit, MI

        Albany Materials Corp.            17,520.00
        Albany, WI

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from Dewitt Products Company be
accepted and that a purchase order be approved and issued to them
in the amount of $16,920.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this material are available in the Municipal
Streets Fund Account No. 204-4615-781-7340.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From:  The City Manager
       On May 11, 1999, the City received bids for oil filters,
fuel filters and transmission filters to be ordered from July 1,
1999 through June 30, 2000. These are replacement filters for
Motor Equipment section of the Streets Division. Following is a
tabulation of the bids received:

        Star Sales & Service                    $7,321.90
        Bay City, MI

        *Larry’s Auto Parts               8,811.87
        Saginaw (in-City)

        Valley Motor Parts               9,440.50
        Saginaw (out-City)

        *Certified, Saginaw-based, small business

        The Purchasing Committee has reviewed the bids and I
                     JUNE 28, 1999                          295

recommend that the bid from Larry's Auto Parts be accepted and
that a blanket purchase order be approved and issued to them in
the amount of $8,811.87. Star Sales & Service failed to bid on
all of the items.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these filters are budgeted in the Motor Pool
Operation Fund Account No. 661-4480-841-7312.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From:  The City Manager
       The City's Municipal Garage requires the service of local
vendors to provide repairs such as radiator repair, brake
replacement and window glass replacement to City vehicles from
July 1, 1999 to June 30, 2000. A yearly contact proposal is not
feasible because there is no way to determine the number and kind
of repairs each vehicle will require.        Issuing individual
purchase order is costly and administratively time consuming.
Therefore, as in past years, we are requesting authorization to
issue blanket purchase order as follows:

        Vendor              Service Provided             Amount
Michigan Truck Spring    brake repair, suspensions     $18,000.00
Bushey Radiator/Glass    radiator repair, window glass   6,000.00
Tuffy Muffler & Brakes   exhaust systems, brakes         8,000.00
Discount Transmission    auto transmission repair        5,000.00
General Top & Trim       seat, cushion repair            3,500.00

       Garage personnel will price quote each service needed and
award to the lowest and best vendor for each service.         The
services provided will then be billed to each individual purchase
order. I recommend that a purchase order be approved and issued
as state above.
       These vendors meet all requirements of Contract Compliance
Ordinance D-1315.
       Funds for these services are budgeted in the Motor Pool
Operations Fund Account No. 661-4480-841-8042.
       Councilman Schrems moved that the recommendations of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 15, 1999, the City received bids for carpeting in
the Employee Health Services section of Employee Services. The
existing carpeting is worn, hard to keep clean and needs
replacing. New carpeting will be in the form of carpet squares
allowing us to replace worn sections of carpeting in high traffic
296                    JUNE 28, 1999

areas without total carpet replacement. Bids included the carpet
tiles, vinyl base, and tear out and disposal of existing carpet.
Following is a tabulation of bids received:

      O'Connors                          $3,575.00
      Saginaw (out-City)

      Northeastern Paint                  4,544.47
      Saginaw (out-City)

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from O'Conners be accepted and that a
purchase order be approved and issued to them in the amount of
$3,575.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this carpet are budgeted in the Worker's
Compensation Fund Account No. 678-1751-701-7320.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On June 8, 1999, the City received bids for polyester
paint pavement marking for the Traffic Engineering Section. The
pavement markings are necessary to improve worn markings on 30
citywide major streets. Polyester paint has been used since 1990
and it has been determined to be an acceptable pavement marking
material.
       A cost comparison shows a 16% decrease in unit prices from
last year. Following is a tabulation of the bids received:

      Clark Highway Services, Inc.       $12,537.18
      Lake City, MI

      P.K. Contracting, Inc.              15,568.14
      Troy, MI

       The Purchasing Committee has reviewed the bids and I
recommend that the low bid from Clark Highway Services, Inc. be
accepted and that a purchase order be approved and issued to them
in the amount of $12,537.18.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this material are budgeted in the Major Streets
Fund Account No. 202-4621-791-7330.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.
JUNE 28, 1999   297
298                    JUNE 28, 1999

From: The City Manager
       Transmitted herewith is a proposed cost agreement (City
Clerks File No. A-5932) with the Michigan Department of
Transportation (MDOT) for the purpose of fixing the rights and
obligations of the parties agreeing to the reconstruction of Hess
Avenue from Washington Avenue to Williamson Street; and Second
Avenue from Genesee Avenue to Fitzhugh Street, which includes
pavement replacement, sidewalk ramps and concrete curb and
gutter; together with necessary related work. The Engineering
Division has reviewed the proposed road reconstruction and finds
that it will improve traffic flow and safety to pedestrian and
motor vehicle traffic. The total project is estimated to cost
$663,000 of which Federal funds will pay $528,000 and the City’s
estimated share is $135,000. The City of Saginaw is responsible
for any cost overruns in excess of $663,000.
       Funds for the City’s share are available in the Major
Street Fund Account No. 202-4616.781-8047 St9908.
       I recommend that the cost agreement be approved and that
the proper City officials be authorized to execute said agreement
on behalf of the City. The cost agreement has been approved by
the City Manager as to substance and by the City Attorney as to
form.
       A resolution to approve the subject agreement appears
under the regular order of business for your consideration.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       Saginaw Area Fireworks, Inc. has filed an application with
the City Clerk for a fireworks permit as required by Act 358,
P.A. of 1968. The permit is for the annual fireworks display on
Ojibway Island, July 4, 1999.
       Zambelli Internationale, New Castle, PA, has been
contracted to furnish and exhibit this display.
       It is recommended that the application for the fireworks
display to be held July 4, 1999, be approved subject to approval
of all relevant departments, the City Attorney and the City
Manager.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       NOBLE (National Organization of Black Law Enforcement
Executives) will be hosting its 23rd Annual Training Conference
in Portland, Oregon July 24-28, 1999. Chief James Golden, Deputy
Chief Arthur O’Neal and Lieutenant Richard Mallette will be
attending. The total cost for airfare, lodging and meals will be
                     JUNE 28, 1999                          299

$3,469.00. The Chief will be leaving July 23, 1999, and NOBLE is
providing his lodging for the entire stay.
       I recommend that checks be issued as follows: Airfare in
the amount of $1,446.00 to Morley Travel; Lodging in the amount
of $1,428.00 to Doubletree Hotel – Portland; and 80% of the
estimated meal costs per Administrative Regulation in the amount
of $476.00 to James B. Golden. The remainder of the meal costs
to be paid upon return.
       Funds are budgeted in the Police Department Training
Account #101 3012 721 8064.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On March 3, 1999, the City received a proposal from Dixon
Engineering, Lake Odessa, Michigan, to provide professional
services related to the painting of the interior of two ground
storage tanks for the Water Treatment Division. The scope of the
services includes: preparation of specification, contract docu-
ments, preliminary dive inspection, project management and paint
inspection services. The ground storage tanks located at Aqua
Place Pumping Station (4,000,000 gal) and Gratiot Road Pumping
Station (2,500,000 gal) are scheduled for interior painting in
FY-2000. Special concerns exist for air quality control and
hazardous wastes handling during the removal of previous tank
coatings. Dixon Engineering is well versed in these regulations
and has demonstrated competence in this field.
       I recommend that the proposal be accepted and that a
purchase order be approved and issued to Dixon Engineering in the
amount of $44,324.00.
       The proposal is subject to approval by me as to substance
and by the City Attorney as to form.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this work are budgeted in the Water Treatment
Operations Account No. 591-4730-861-8002.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From:  The City Manager
       Transmitted herewith is an agreement with Russell L.
Ackerman, doing business as Ackerman Assessing Consultants, (City
Clerks File No. A-5936) for Assessor services for the City of
Saginaw.
       Mr. Ackerman has over thirty-five (35) years of experience
and knowledge of assessment administration and possesses a State
Assessors Board Level Four Assessor Certification and State Tax
300                    JUNE 28, 1999

Commission Personal Property Examiner Certification.          Mr.
Ackerman is an independent contractor as indicated in the
agreement.
       The current agreement expires June 30, 1999 and
compensation totaled $28,000. Total compensation rates are set
forth in the agreement and approved by the City Manager. Total
compensation for the renewal agreement will not exceed $10,000
unless the parties mutually agree in writing to a different
amount.
       The agreement commences July 1, 1999 and expires December
30, 1999 with provisions for an option to extend in the event
that James L. Jackson, Assessor Administrator is unable to obtain
State Assessors Level Four Certification as of December 30, 1999.
 If the option to extend is exercised, this agreement shall be
extended from December 31, 1999 to April 1, 2000 for the purpose
of monitoring the preparation and certification of the Citys 2000
assessment roll. Compensation under the option to extend shall
be $10,000 payable in two installments on January 1, 2000 and
April 1, 2000. The agreement may be terminated by either party
with thirty (30) days written notice.
       I recommend that the agreement with Russell L. Ackerman
doing business as Ackerman Assessing Consultants be approved.
The Agreement has been approved by me as to substance and by the
City Attorney as to form.
       This vendor meets all requirements of contract compliance
Ordinance D-1315.    Funds for these services are budgeted in
General Fund Account No. 101-1744-711-80-01.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On April 27, 1999, the City received bids for elevator and
escalator maintenance services for City-owned buildings from July
1, 1999 through June 30, 2002. Last year's annual cost was $
12,987.00. Following is a tabulation of the bids received:
                                         Total Bid

      Millar Elevator                    $10,400.00
      Saginaw (out-City)

      Montgomery Kone, Inc.               12,687.00
      Livonia, MI

      B & D Elevator, Inc.                       14,746.00
      Flint, MI

       The Purchasing Committee has reviewed the bids and I
recommend that the bid from Montgomery Kone, Inc. be accepted and
                     JUNE 28, 1999                          301

that a purchase order be approved and issued to them in the
amount of $12,687.00 for each year. The bid from Millar Elevator
did not meet specifications.        Its services provide for
lubrication and inspection only, not full service, as requested.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this service are budgeted in the various
departmental operating budgets.
       Councilman Schrems 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.
From: The City Manager
       On June 8, 1999, the City received one bid for an annual
supply of brass water pipe fittings that will be used by the
General Services Department Maintenance and Service Division in
construction and repair of the City's water distribution system
from July 1, 1999 through June 30, 2000. A cost comparison shows
a 54% increase over the previous year due to increased quantities
required for maintenance. Following is a tabulation of the bid
received:

      Etna Supply Company                $16,345.87
      Grand Rapids, MI

       The Purchasing Committee has reviewed the bid and I
recommend that it be accepted and that a purchase order be
approved and issued to Etna Supply Company in the amount of
$16,345.87.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this material are available in the Water
Operation and Maintenance Fund Inventory Account No. 591-0000-
171-1130.
       Councilwoman Seals moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       On April 19, 1999, City Council approved a purchase order
to T & K Steel in the amount of $13,470.00 for removal and
replacement of sections of handrails on the Andersen Water Park
slide.   Due to the degree of corrosion found on additional
handrail sections, the project had to be expanded. The additional
work totaled $11,619.00.
       I recommend that the original purchase order issued to T &
302                    JUNE 28, 1999

K Steel be increased by $11,619.00 for a total of $25,089.00.
       This vendor meets all requirements of Contract Compliance
Ordinance D-1315.
       Funds for this service are budgeted in the Wave Pool
Operations Fund Account No. 587-7560-831-9720.
       Councilwoman Dankert moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       In September of 1998 a Saginaw County Crime Prevention
Summit was held at Saginaw Valley State University as a first
step toward creating a countywide crime prevention plan.      It
brought together Saginaw County law enforcement officials,
government representatives, educators, business leaders, clergy,
non-profit agency officials, members of the media, labor group
leaders and neighborhood group leaders. The summit culminated in
the creation of an overall planning committee that has met and
will continue to meet to develop the countywide prevention plan.
       Nancy Warner has been selected as the Executive Director
for the Saginaw County Crime Prevention Program and Chairperson
of the Saginaw County Crime Prevention Council for a two-year
period that began May 17, 1999.      Her annual compensation of
$45,000 will be issued through the Saginaw County Chamber of
Commerce Foundation from contributions from Saginaw County and
the City of Saginaw, as well as private donations. The County
and City will each contribute $20,000.00 per year. Documentation
is attached for your review.
       I recommend that a check in the amount of $20,000.00 be
issued for the first year to the Chamber of Commerce for this
purpose. Funds are available in the Saginaw Police Departments
Local Law Enforcement Block Grant account #26333217418001.
       Councilwoman Dankert moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       Transmitted herewith is a Subgrantee Agreement Addendum
(City Clerks File No. 5794 (a)) for OIC of Metropolitan Saginaw
(OIC/MS). The original July 1, 1998 Subgrantee Agreement with
OIC/MS called for them to provide day care for fifty children.
The Agreement also required each household to seek State of
Michigan Family Independence Agency (FIA) day care payment before
CDBG pays. Many households did receive FIA day care payment,
thus some CDBG funds are available for other activities. The
subject Addendum allows OIC/MS to reallocate $27,000 from day
care services toward three activities.
       OIC/MS will undertake the acquisition of one home, the
demolition of two homes and the purchase and installation of
                     JUNE 28, 1999                          303

outside video security equipment.      All the activities will
enhance the OIC/MS campus.
       The OIC/MS Addendum has been approved by me as to
substance and the City Attorney as to form.
       It is recommended that the City Council authorize the
proper City officials to execute the OIC/MS Subgrantee Addendum.
       Councilwoman Seals moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

From: The City Manager
       Submitted for your approval is a fifteen (15) year
contract with John A. McColgan Jr., 827 North Michigan, Saginaw,
Michigan, for professional legal services commencing July 1, 1999
and ending June 30, 2014.     John McColgan’s current contract
expires on November 17, 1999. In effort to bring his contract in
line with the City’s fiscal year, his current contract shall be
voided and the new contract is proposed for approval. The length
of the contract is for fifteen (15) years with either party being
able to cancel at any time, with six (6) months’ written notice.
 The purpose of the fifteen (15) year agreement is to provide
stable, cost effective, and quality legal services for the City
in the prosecution of criminal misdemeanors, traffic, and parking
violations, and other civil infraction such as housing code
violations. John McColgan has been performing the prosecutor’s
role for the City Attorney’s Office since 1992. Prior to
retaining John A. McColgan Jr., the City Attorney’s Office was
using two full-time criminal prosecutors and 75% of another
attorney’s time was spent on enforcing housing matters in Circuit
Court.   Due to his extensive prosecution experience, John A.
McColgan, Jr. was able to handle the caseload formerly performed
by two full-time lawyers. Housing enforcement was switched under
the new state law in 1996 to civil infractions and the additional
caseload was contracted to John McColgan which freed up an
additional 75% of an in-house attorney’s caseload and saved
approximately $13,000.00 to $16,000.00 in filing fees. The in-
house counsel is now allowed to concentrate his energies on
reducing the higher outside legal fees on insurance cases.
       Under the existing agreement, John McColgan is receiving
$47,900.00 for the contract year November 18, 1998 through
November 17, 1999. The proposal is to increase his annual salary
as of July 1, 1999 to $48,410.00, and every year thereafter on
July 1, he will receive a three percent (3%) salary increase to
be commensurate with inflation. For instance, on July 1, 2000,
his annual salary shall be $49,862.00.
       The City Attorney’s Office has received favorable comments
from the 70th District Court, police officers and defense
attorneys regarding John McColgan’s performance as a prosecutor.
       The contract is approved by me as to substance and the
304                   JUNE 28, 1999

City Attorney as to form.     Funds are available in the City
Attorney’s Office budget account 10117347018003.
       Councilman Schrems moved that the Contract for legal
services be approved.
       Adopted unanimously.
                     JUNE 28, 1999                          305

From: The City Manager
       Submitted for your approval in a subsequent part of the
agenda is a Resolution to submit a charter amendment in regard to
lifting the 1979 property tax dollar limitation cap of
$3,828,778.00 to the City of Saginaw electors at the general
election scheduled for November 2, 1999. Under the current 1979
Charter provision, the City of Saginaw is allowed to levy up to
7.5 mills on all taxable property within the City limits up to
the dollar cap limitation of $3,828,788.00. In 1997, the state
law was changed which permanently reduced the 7.5 mill levy to
7.3830. This is referred to as the Headlee rollback.          The
proposed Charter amendment will only remove the dollar limitation
cap. The 7.5 mill levy of all taxable property within the City
limits shall remain permanently reduced to 7.3830.
       This Council Communication is for explanation of the
Council Resolution, which is submitted in a subsequent portion of
the agenda for approval.
       Councilwoman Seals moved to receive and file.
       Adopted unanimously.

From: The City Manager
       The Building Inspections Division has received an
application for an encroachment permit from McIntyre Funeral Home
for a fence that partially extends into an alley located behind
the funeral home at 504 N. Michigan Ave. The fence, which screens
a warehouse building from the funeral home parking lot, is
approximately .9’ into the alley on the westerly boundary and a
small section of fence is 3’ into the alley which abuts a
telephone pole. The fencing does not impede entering or exiting
the other property which abuts the alley.
       The Encroachment Permit chapter of the General Code is
being amended to allow the Chief Building Inspector to approve
these types of encroachments in the future.
       I recommend approval of the encroachment permit for
McIntyre Funeral Home subject to the property owner providing a
copy of its liability property insurance policy that is
acceptable to the City Attorney.
       Councilman Schrems moved that the recommendation of the
City Manager be approved.
       Adopted unanimously.

                      REPORTS FROM BOARDS
       Councilman DeGuise moved that the following reports from
the City Planning Commission be received and filed.
From: The City Planning Commission
       On June 22, 1999 the City Planning Commission held a
public hearing on a City initiated proposal to vacate Carlisle
St. between Cathay and 21ST Street and to relocate the property
lines and rename 21ST Street to Munson St.
306                    JUNE 28, 1999

       From investigation and review of evidence presented at the
hearing, the Commission found that the portion of Carlisle Street
proposed to be vacated is not developed at this time.         The
properties are to be combined with the proposed relocating of the
property lines and renaming of 21st Street to Munson St.   A cul-
de-sac will be created and the existing lots reconfigured to form
17 lots for new housing construction in the area.
       Therefore, it is recommended that Carlisle St. between
Cathay St. and 21st Street be vacated, the property lines of 21st
Street be relocated, and the name of 21st Street changed to
Munson St., subject to a standard reservation therein for an
easement for public utilities and cable TV.
       An ordinance has been prepared and appears under the
regular order of business.

From:  The City Planning Commission
       Petition 99-20 from the Saginaw Housing Commission for
vacation of Needham Street lying between Leon Scott Ct. and
Veterans Memorial Parkway was referred to the City Planning
Commission for investigation and report with recommendation.
       The Commission held a public hearing on this request on
June 22, 1999 in the Council Chambers of the City Hall and all
interested persons were heard. From investigation and review of
evidence presented at the hearing the Commission found that
Needham Street lying between Leon Scott Ct. and Vets Memorial
Parkway is proposed to be vacated. Needham St is the dividing
line for the B-1, Local Business District, to the south and the
R-3, Multi-Family
Residential District to the north.
     This proposal is in conjunction with Case #99-27 to change
the zoning of the parcels bounded by Leon-Scott, Norman St., and
Vets Pkwy.   The zoning map is proposed to be amended by the
rezoning from R-2, R-3, and B-1 to M-2, General Industrial to
provide a site for a heat treating plant.
       The Commission found that there is not a need to retain
this street for street purposes and the vacation as proposed will
provide a larger site for the proposed industrial development.
Therefore, it is recommended that Needham St. lying between Leon-
Scott Ct. and Vets Pkwy. be vacated subject to a standard
reservation therein for an easement for public utilities and
cable TV.
       An ordinance has been prepared and appears under the
regular order of business.

From:  The City Planning Commission
       Petition 99-21 from the Saginaw Housing Commission for
extension of Leon Scott Ct. to N. Washington Avenue was referred
to the City Planning Commission for investigation and report with
recommendation.
                     JUNE 28, 1999                          307

       The Commission held a public hearing on this request on
June 22, 1999 in the Council Chambers of the City Hall and all
interested persons were heard. From investigation and review of
evidence presented at the hearing the Commission found that the
proposal is to extend Leon-Scott Ct. north to N. Washington Ave.
This property is currently zoned R-3, Multi-Family Residential.
Leon-Scott Ct. currently dead-ends approximately 188 from N.
Washington Ave.
       This proposal is in conjunction with Case #99-27 to change
the zoning of the parcels bounded by Leon-Scott, Norman St., and
Vets Memorial Pkwy. The zoning map is proposed to be amended by
rezoning from, R-2, R-3, and B-1 to M-2, General Industrial to
provide a site for a heat treating plant.
       The Commission found that extending Leon Scott to N.
Washington Avenue would provide for better traffic circulation
for the proposed industrial development. Therefore, it is
recommended that that Leon-Scott Ct. be extended north to N.
Washington Ave subject to all recommendations of the Division of
Public works and Engineering and the Michigan Dept. of
Transportation (MDOT).

From: The City Planning Commission
       Petition 99-18 from the Saginaw Housing Commission for
rezoning of property in the 1200-1400 blocks of Vets Pkwy. from
R-2, R-3, and B-1 to M-2 was referred to the Planning Commission
for investigation and report with recommendation.
       The Commission held a public hearing on this request on
June 22, 1999 in the Council Chambers of the City Hall and all
interested persons were heard. From investigation and review of
evidence presented at the hearing the Commission found that the
Zoning Map is proposed to be amended by rezoning the subject
properties from B-1, R-3, and R-2 to M-2, General Industrial. The
properties are described as: Lot 501 Eddy Urban Renewal Replat
No.3, and Lot 502 Eddy Urban renewal Replat No. 3, and Lot 3 exc.
N. 53 and that part taken for Claytor Ct., lot 4,exc. that part
taken for Claytor Ct., W. ½ of Lot 5, Fullers Subdivision of
Northwest quarter Section 17, T. 12 N, R 5 E.
       This proposal is in conjunction with Case #99-28, 29, 30,
and 37 to vacate Claytor Ct., and Needham St. and extend Leon-
Scott Ct. north to N. Washington Ave. The rezoning, street
vacations, and street extension are proposed to permit
construction of a heat treating plant on the site. The site plan
for the proposed heat treating plant was also approved by the
Commission on June 22, 1999, subject to City Councils action on
the rezoning petition.
       The Commission found that the proposed rezoning provides a
site in close proximity to the General Motors plant for their
suppliers to locate.
       Therefore it is recommended that the parcels described in
308                    JUNE 28, 1999

this communication be rezoned from B-1, R-2, and R-3 to M-2,
General Industrial. An ordinance has been prepared and appears
under the regular order of business.

From:  The City Planning Commission
       Petition 99-19 from the Saginaw Housing Commission for
vacation of Claytor Ct. located between Leon Scott Ct. and
Veterans Memorial Parkway was referred to the Planning Commission
for investigation and report with recommendation.
       The Commission held a public hearing on this request on
June 22, 1999 in the Council Chambers of the City Hall and all
interested persons were heard. From investigation and review of
evidence presented at the hearing the Commission found that
Claytor Ct. lying east of Leon-Scott Ct. is proposed to be
vacated. This property is currently zoned R-2, 1 & 2 Family
Residential. A portion of the Daniel Heights Public Housing
Project was located on Claytor Ct. and all structures have been
removed.
       This proposal is in conjunction with Case #99-27 to change
the zoning of the parcels bounded by Leon-Scott, Norman St., and
Vets Memorial Pkwy. The zoning map is proposed to be amended by
rezoning the property from R-2, R-3, and B-1 to M-2, General
Industrial to provide a site for a heat treating plant.
       The Commission found that there is not a need to retain
this street for street purposes and the vacation as proposed will
provide a larger site for the proposed industrial development.
Therefore, it is recommended that
Claytor Ct. lying east of Leon-Scott Ct. be vacated subject to a
standard reservation therein for an easement for public utilities
and cable TV.
       An ordinance has been prepared and appears under the
regular order of business.

From:  The City Planning Commission
       On April 27, 1999 the City Planning Commission held a
public hearing on amending the zoning code by adding Chapter 21A,
Riverfront Overlay Zone.     A notice of public hearing on the
proposal was published in the Saginaw News on April 12, 1999.
       From investigation and review of evidence presented at the
hearing the Commission found that in the spring of 1998 a
Riverfront Committee was established to improve the riverfront and
create a development plan for the river corridor. The Committee,
composed of business owners, residents, developers, City Council
members and city staff has been meeting over the last year to
outline strategies and identify projects that need to be
undertaken to improve the riverfront. One of the first items
identified is that the uses in area need to be monitored to
control development in the area.
One of the ways to control development in the interim period until
                     JUNE 28, 1999                           309

a development plan is prepared is to create an overlay zone
chapter of the zoning code, similar to the one which was adopted
for the downtown area. This would require a special land use
permit for new development that would be reviewed and approved by
the Planning Commission.     The Commission would look to the
standards in the zoning code for approval of a special land use,
in reviewing the proposed development.       Those standards are
outlined in Section 2608 as follows:
Standards.   No special approval shall be granted by the City
Planning Commission unless the special use:
1.     Will reasonably promote the use of land in a socially and
       economically desirable manner for those persons who will
       use the proposed land use or activity; for those landowners
       and residents who are adjacent; and for the City as a
       whole.
2.     Is necessary for the public convenience at that location.
3.     Is compatible with adjacent uses of land.
4.     Is so designed, located and proposed to be operated that
       the public health, safety and welfare will be protected.
5.     Can be adequately served by public services and facilities
       without diminishing or adversely effecting public services
       and facilities to existing land uses in the area.
6.     Will not cause unreasonable injury to the value of other
       property in the neighborhood in which it is to be located.
7.     Will reasonably protect the natural environment and help
       conserve natural resources and energy.
8.     Is within the provisions of uses requiring special approval
       as set forth in the various zoning districts herein, is in
       harmony with the purposes and conforms to the applicable
       regulations of the zoning district in which it is to be
       located, and meets applicable Site Design Standards for use
       in Chapter 23.
9.     Is related to the valid exercise of the City's police power
       and purposes that are affected by the proposed use or
       activity.
       The proposed Riverfront Overlay District Chapter was
reviewed and approved by the Riverfront Committee on March 9,
1999.
       It is recommended that the Zoning Code be amended by adding
Chapter 21A, Riverfront Overlay Zone.      An ordinance has been
prepared and appears under the regular order of business.
       Adopted unanimously.

                    REPORTS FROM COMMITTEES
       Councilman Williams reminded Council of the need to return
the City Manager evaluation forms.

                   INTRODUCTION OF ORDINANCES
       Councilwoman Seals introduced the following ordinances
310                   JUNE 28, 1999

entitled and reading and follows:

AN ORDINANCE TO VACATE CARLISLE STREET BETWEEN CATHAY ST. AND
21st ST. AND TO RE-ALLIGN AND RENAME 21st ST. TO MUNSON CT.
       Laid over under the charter provision.
                     JUNE 28, 1999                           311

AN ORDINANCE TO VACATE   NEEDHAM ST. LYING BETWEEN LEON SCOTT CT.
AND VETERANS MEMORIAL    PARKWAY, LOCATED IN EDDY URBAN RENEWAL
REPLAT NO. 3, AND TO     RETAIN THEREIN AN EASEMENT FOR PUBLIC
UTILITIES.
       Laid over under   the Charter Provision.

AN ORDINANCE TO EXTEND LEON SCOTT CT. TO N. WASHINGTON AVENUE AND
TO CHANGE THE NAME FROM LEON SCOTT COURT TO LEON SCOTT STREET,
LOCATED IN EDDY URBAN RENEWAL REPLAT NO. 3.
       Laid over under the Charter Provision.

AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION OF CERTAIN
PROPERTY LOCATED IN THE 1200-1400 BLOCKS OF VETERANS MEMORIAL
PARKWAY.
       Laid over under the Charter provision.

AN ORDINANCE TO VACATE CLAYTOR CT. LYING EAST OF LEON SCOTT CT.,
LOCATED IN FULLERS SUBDIVISION, AND TO RETAIN THEREIN AN EASEMENT
FOR PUBLIC UTILITIES.
      Laid over under the Charter Provision.

AN ORDINANCE TO AMEND THE ZONING CODE, ORDINANCE NO. D-1418, BY
ADDING THERETO CHAPTER 21A, RIVERFRONT OVERLAY ZONE.
       Laid over under the Charter provision.

                          RESOLUTIONS
       Councilwoman Seals offered and moved the adoption of the
following resolution:
       WHEREAS, Pursuant to provisions of Sections 207.771
through 207.787 inclusive of Michigan Compiled Laws, the City
Council of the City of Saginaw hereby finds that the several
residential properties listed below lie within Neighborhood
Enterprise Zones established as authorized by Act 147 of the
Michigan Public Acts of 1992 (as amended); and
       WHEREAS, On June 28, 1999, Council received a request from
the City of Saginaw (Petitions 99-23, 99-25, 99-26 through 99-41)
for a Neighborhood Enterprise Zone Certificate for new single
family homes to be constructed in the City of Saginaw
Neighborhood Enterprise Zone Number 7; and
       WHEREAS, The Council of the City of Saginaw further finds
these properties each are new single family residential
structures and otherwise comply with provisions of Sections
207.771 through 207.787 inclusive; and
       WHEREAS, Properties included as part of this resolution
are:
11 Harmony Court Owned by: City of Saginaw, Michigan          #99-
23
31 Harmony Court Owned by: City of Saginaw, Michigan          #99-
25
312                    JUNE 28, 1999

35 Harmony Court Owned by: City of Saginaw, Michigan          #99-
26
36 Harmony Court Owned by: City of Saginaw, Michigan          #99-
27
624 Munson Street Owned by: City of Saginaw, Michigan         #99-
28
625 Munson Street Owned by: City of Saginaw, Michigan         #99-
29
630 Munson Street Owned by: City of Saginaw, Michigan         #99-
30
631 Munson Street Owned by: City of Saginaw, Michigan         #99-
31
636 Munson Street Owned by: City of Saginaw, Michigan         #99-
32
637 Munson Street Owned by: City of Saginaw, Michigan         #99-
33
703 Munson Street Owned by: City of Saginaw, Michigan         #99-
34
711 Munson Street Owned by: City of Saginaw, Michigan         #99-
35
716 Munson Street Owned by: City of Saginaw, Michigan         #99-
36
719 Munson Street Owned by: City of Saginaw, Michigan         #99-
37
724 Munson Street Owned by: City of Saginaw, Michigan         #99-
38
725 Munson Street Owned by: City of Saginaw, Michigan         #99-
39
730 Munson Street Owned by: City of Saginaw, Michigan         #99-
40
731 Munson Street Owned by: City of Saginaw, Michigan         #99-
41
       NOW, THEREFORE, BE IT RESOLVED, as provided by said
Sections 207.771 through 207.787 inclusive, the City Council of
the City of Saginaw, Michigan hereby approves the application for
a Neighborhood Enterprise Zone Certificate for each of the
properties listed above and recommends they be granted a 12 year
abatement of property taxes by the State of Michigan.
       Adopted unanimously.

       Councilwoman Seals offered and moved adoption of the
following resolution:
       WHEREAS, a Cost Agreement Number A-5932, 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 bituminous reconstruction along
Hess Avenue from Washington Avenue to Williamson Street; and
Second Avenue from Genesee Avenue to Fitzhugh Street, in the City
of Saginaw; and together with necessary related work; and
                     JUNE 28, 1999                          313

       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.

       Proposal C – 7.5 Mill Levy With No Dollar Limit.
       Councilwoman Seals offered and moved the adoption of the
following resolution:
       RESOLVED, that the Council of the City of Saginaw, by a
three-fifths vote of its members elect pursuant to the authority
granted by Act No. 279 of the Public Acts of 1909, as amended,
proposes that Section 45 of Chapter VII of the Charter of the
City of Saginaw shall be amended to read as follows:

      Adoption of Budget, Tax Limit
      Section 45. The Council shall, by resolution, determine
      and adopt the budget and make the appropriations for the
      next fiscal year and shall provide, by resolution, for a
      tax levy of the amount necessary to be raised by taxation
      at least thirty (30) days prior to the first day of the
      upcoming fiscal year. The amount of property taxes, which
      may be levied by the City in any year, shall not exceed
      three quarters of one percent (.75 of 1%) of the assessed
      valuation as equalized of all taxable real and personal
      property in the City.

      This limit may be exceeded up to three-tenths of one
      percent (.3 of 1%) of the assessed value over the maximum
      limit provided herein as reduced only if the Mayor
      declares a specific emergency, the dollar amount of the
      emergency and the portion of such dollar amount that is
      needed from property taxes, and the Council thereafter, by
      a three-quarters recorded vote of the full Council,
      declares an emergency in accordance with the specifics of
      the Mayor’s request. The millage limit may be exceeded
      only during the fiscal year for which the emergency is
      declared. Millage levied pursuant to Article 9, Section
      6, 1963 Michigan Constitution, is exempt from these
      limitations.

       Provisions of existing Section 45 of Chapter VII of the
Charter of the City of Saginaw to be altered or abrogated by such
proposal, if adopted, now read as follows:

      Adoption of Budget, Tax Limit
      Section 45. The Council shall, by resolution, determine
      and adopt the budget and make the appropriations for the
314                    JUNE 28, 1999

      next fiscal year and shall provide, by resolution, for a
      tax levy in the amount necessary to be raised by taxation
      at least thirty (30) days prior to the first day of the
      upcoming fiscal year. The amount of property taxes, which
      may be levied by the City in any one year, shall not
      exceed three-quarters of one percent (.75 of 1%) of the
      assessed valuation as equalized of all taxable real and
      personal property in the City. If the assessed value of
      all the property in the City as determined on the first
      Monday in May, 1979, is increased in subsequent years for
      any reason, the maximum millage rate provided herein shall
      be permanently reduced to yield the same gross dollar
      revenue as the fiscal 1978-79 property tax revenue yield.

      This limit may be exceeded up to three-tenths of one
      percent (.3 of 1%) of the assessed value over the maximum
      limit provided herein as reduced only if the Mayor
      declares a specific emergency, the dollar amount of the
      emergency and the portion of such dollar amount that is
      needed from property taxes, and the Council thereafter, by
      a three quarters recorded vote of the full Council,
      declares an emergency in accordance with the specifics of
      the Mayor’s request. The millage limit may be exceeded
      only during the fiscal year for which the emergency is
      declared. Millage levied pursuant to Article 9, Section
      6, 1963 Michigan Constitution, is exempt from these
      limitations.

and be it further
       RESOLVED, that the purpose of the proposed amendment shall
be designated on the ballot as follows:
       A City Charter amendment proposed by the City Council to
amend Section 45, Chapter VII, of the Charter to eliminate the
gross dollar revenue limitations by allowing the City Council to
levy not more than 7.5 mills on all taxable property within the
City of Saginaw.

and be it further
       RESOLVED, that the City Clerk shall forthwith transmit a
copy of the proposed amendment to the Governor of the State of
Michigan for his approval, and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for her approval, as required by
law;

and be it further
       RESOLVED, that the proposed Charter amendment shall be and
the same is hereby ordered to be submitted to the qualified
electors of the City at a general election to be held in the City
                     JUNE 28, 1999                          315

on the 2nd day of November 1999, and the City Clerk is hereby
directed to give notice of the election and notice of the
registration therefore in the manner prescribed by law and to do
all things and to provide all supplies necessary to submit each
charter amendment to the vote of the electors as required by law;

and be it further
       RESOLVED, that the form of the ballot shall be as follows:

      PROPOSED AMENDMENT TO SECTION 45 OF CHAPTER VII OF THE
      CITY CHARTER.

      Shall Section 45 of Chapter VII of the Charter of the City
      of Saginaw be amended to maintain the maximum levy of not
      more than 7.5 mills on all taxable property within the
      City of Saginaw and eliminate the gross dollar limitation
      ($3,828,778) as established in 1979.

      Should the Amendment be approved?         Yes_________
                                                No _________
and be it further
       RESOLVED, that the proposed amendment shall be published
in full together with the existing Charter provision altered as
abrogated thereby at least once in The Saginaw News not less than
ten (10) days prior to the election of November 1999, and that a
copy of the within proposed Charter amendment be posted in a
conspicuous place in each polling place during said election;

and be it further
       RESOLVED, that the form of the ballot shall be as follows:

      PROPOSED AMENDMENT TO SECTION 45 OF CHAPTER VII OF THE
      CITY CHARTER.

      Shall Section 45 of Chapter VII of the Charter of the City
      of Saginaw be amended to maintain the maximum levy of not
      more than 7.5 mills on all taxable property within the
      City of Saginaw and eliminate the gross dollar limitation
      ($3,828,778) as established in 1979.

      Should the Amendment be approved?         Yes___________
                                                No ___________

and be it further
       RESOLVED, that the proposed amendment shall be published
in full together with the existing Charter provision altered as
abrogated thereby at least once in The Saginaw News not less than
five (5) days prior to the election.
       Adopted unanimously.
316                    JUNE 28, 1999

               MOTIONS AND MISCELLANEOUS BUSINESS
       Councilman DeGuise stated that with new equipment to be
purchased to assist with the weed/grass cutting program it will
resolve some of the problem the City has with this situation;
asked if report is forthcoming on boom boxes and curfew
violations; and addressed the award/recognition given to Delta
College for their participation in the Carousel project.
       Councilman Williams stated that the City/County/School
Liaison Board is addressing curfew rules and truancy for the
youth of this community; commented that aerial photo of 23rd and
Webber indicates that the dirt portion of the road is within
Buena Vista Township’s jurisdiction but since the dust problem
also affects City residents requested that the City Manager look
into a collaborative effort to resolve this situation; applauded
participation of the KUDOS organization in the event called
Senior Prom which involves young men escorting elderly women out
to dinner.
       Councilman Schrems inquired on the status of the Lime Lite
Club and requested a report.
       Councilwoman Cottrell asked if the City Manager would look
into the obstacle that has been placed in the walk path at the
end of Westfield where Consumer Energy currently has an easement
and gave a reminder on the upcoming 4th of July Fireworks.
                     JUNE 28, 1999                          317

       Councilwoman Ham stated a meeting will take place on the
Beautification 1999 Awards, June 29, 1999 beginning at 3:00 p.m.
at Neighborhood Renewal Services on Atwater and also recognized
the outstanding efforts of the Habitat for Humanity on the homes
at Brown and Holland.
       Councilwoman Seals reported on attendance to the meetings
of Neighborhood Renewal Services and Human Services Planning
Commission, gave additional support of work performed by the
Habitat for Humanity and commented on the tall grass/weed program
and how difficult it is to keep up with this problem throughout
the City.
       Mayor Loster applauded WKCQ and other sponsors for the
Country Fest at Ojibway Island for the success that the event had
in our community; feels City should concentrate on using the
Island for more similar activities; complemented the City’s work
crew in their clean up afterwards; invited those interested to
attend a ministerial breakfast for AIDS ; commented on landscape
project   underway   as   indicated   by   the    Department   of
Transportation; announced a football camp in Buena Vista to begin
July 5 in which professional players will be participating and
that it was developed not only for football training but also as
a leadership program for our youth; requested an update on help
from City’s workforce from Daniel Heights area and others that
may be available for the weed/grass cutting program.
       Councilwoman Seals moved to go into closed session to
discuss specific pending litigation regarding a personal injury
case and a zoning/ADA case.
       Adopted by the following vote:
       Ayes: Councilmembers Cottrell, Dankert, Ham, Schrems,
Seals, Soza, and Mayor Loster – 7.
       Nays: Councilmembers DeGuise, Williams –2.
       After some time spent in closed session, the Council
returned to open session.
       Councilwoman Cottrell moved to adopt the recommendations
of the City Manager and legal counsel.
       Adopted unanimously.

On motion the Council adjourned.


Yolanda S. Olgine
City Clerk

								
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