November 2, 1998

A regular meeting of the City Council was held on Monday, November 2, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: Drummond Black, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: John Coppage (excused)

 

Minutes Approval of the minutes of the October 19, 1998 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Tysse. (Motion adopted.)

Bresnan Communications Super Senior Award     Selina Tisdale, Community Relations Coordinator, introduced the Midland recipients of the Super Senior Award given by Bresnan Communications and American Movie Classics at an inaugural Bresnan Big Band Dance and Celebration in Bay City. Mayor Black then presented the following six Proclamations of Recognition:

Bresnan Communications Super Senior Award - Carpenter     The following resolution was offered by Councilman Tysse and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Mary Carpenter as a recipient of Bresnan Communications Super Senior Award at the Bresnan Communications/American Movie Classics Big Band Dance and Celebration. (Motion adopted.)

Bresnan Communications Super Senior Award - Johnson     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Marie Johnson as a recipient of Bresnan Communications Super Senior Award at the Bresnan Communications/American Movie Classics Big Band Dance and Celebration. (Motion adopted.)

Bresnan Communications Super Senior Award - Lentner     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Bob and Ruth Lentner as recipients of Bresnan Communications Super Senior Award at the Bresnan Communications/American Movie Classics Big Band Dance and Celebration. (Motion adopted.)

Bresnan Communications Super Senior Award - Lowes     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Fred Lowes as a recipient of Bresnan Communications Super Senior Award at the Bresnan Communications/American Movie Classics Big Band Dance and Celebration. (Motion adopted.)

Bresnan Communications Super Senior Award - McComb     The following resolution was offered by Councilman Tysse and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Martha McComb as a recipient of Bresnan Communications Super Senior Award at the Bresnan Communications/American Movie Classics Big Band Dance and Celebration. (Motion adopted.)

Bresnan Communications Super Senior Award - Oswald     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Jessie Oswald as a recipient of Bresnan Communications Super Senior Award at the Bresnan Communications/American Movie Classics Big Band Dance and Celebration. (Motion adopted.)

5th Annual Life Safety Achievement Award    Dan Hargarten, Midland Fire Chief, announced the Midland Fire Department received its fifth consecutive award from Operation Life Safety, a program of the International Association of Fire Chiefs. The Life Safety Achievement Award is given to fire departments who have kept their jurisdictions free of deaths due to building fires during the previous calendar year. Midland, along with three other fire departments, has received this award for all five years of its existence.

PUBLIC COMMENTS    John Rapanos, 1012 W. Sugnet, lodged a complaint regarding the small claims suit the City Treasurer’s Office filed against him for non-payment of personal property taxes. Mr. Rapanos gave a check to the City Manager for the payment of these delinquent taxes.

Thomas McCann, 3310 Jefferson Avenue, spoke in opposition to the City Sanitary Sewer and Storm Sewer ballot proposals. Mr. McCann suggested Council consider the following:

1. Installing the Nelson Street pump station.

2. Ask for a second opinion on the solution to the problem.

3. Clean ditches and drains as suggested by John Rapanos.

4. Make sure residents have lawns sloped toward the street not the residence.

Mr. McCann felt that by spending a minimal amount of money on the above the City would achieve the desired results.

John Rapanos, 1012 W. Sugnet, suggested that the City use the underground mine shafts as an option.

Orrin Barret, 2717 Shade West Drive, spoke in support of the upcoming ballot issue on the Sanitary Sewer Bonding Proposition and the Storm Water Bonding Proposition. Mr. Barret also felt the concepts behind the repair of the Sanitary and Storm Sewer systems were reasonable and displayed a sense of responsibility to the long term goal of the community. Mr. Barret indicated he had come to this conclusion only after doing research following the determinations of SESAC, the Council and recommendations from Hubbell, Roth & Clark. He stated the scope of work and cost estimates were well coordinated and well defined for this project.

Duane Marsh, 4804 Oakridge, President of the Midland Chamber of Commerce, supported a "yes" vote on both the Sanitary and Storm Sewer proposals on the November 3, 1998 ballot.

Ivan Grasley, 1315 Mill, disagreed with the EPA and did not support the Sanitary or Storm Sewer proposals.

William Fagley, 2700 Glendale, a graduate of Case Institute as a Chemical Engineer, opposed the Sanitary and Storm Sewer propositions. Mr. Fagley stated that he rescinded the option he presented the Council on August 6, 1998, regarding a solution to the Storm and Sanitary Sewer problems and all other options that he proposed at various times. Mr. Fagley stated he is now recommending the "Sensible Sewer Program" that he first unveiled at the League of Women Voters MCTV presentation.

Corwin Bredeweg, 5709 Leeway Drive, did not support the sewer proposals. Mr. Bredeweg supported the disconnection of footing drains and charging an additional fee to homeowners who have their footing drains connected to the drain.

Wayne Crosby, 2313 Oakfield Drive, supported the SESAC and its recommendations on the Storm and Sanitary Sewer bonds.

Charles Hepenstal, 1317 North Parkway, opposed the Storm and Sanitary Sewer Bond issue.

Dottie Lengerman, 405 E. Nelson, felt it was important to build the Nelson Street pumping station.

Lawrence Schuelke, 4110 Oakridge Drive, appreciated the work the staff and the SESAC has done, but felt the proposals were not the best alternative and encouraged a "no" vote on the proposals.

Richard McCreadie, 2700 Washington, supported the plan presented by William Fagley.

Donald Hall, 4008 Pfeiffer Court, a former member of SESAC, is convinced the method proposed is the best possible solution and supported the Sanitary and Storm Sewer Bond issues.

Dick Darger, 3406 Swede Avenue, has been flooded three times and felt that a substantial amount of time was spent on the decision. Mr. Darger supported the efforts and urged citizens to vote yes on the upcoming propositions.

Larry Pillepich, 3602 McKeith Road, supported the Sanitary and Storm Sewer propositions. Mr. Phillepich voiced a concern over the minimum requirements everyone is calling for and urged residents to vote "yes" on the propositions.

Ivan Grasley, 1315 Mill, urged residents to contact their congressman regarding control of the EPA.

John Rapanos, 1012 W. Sugnet, voiced opposition to the propositions.

After listening to the public comments the following comments were made by the Council:

Bresnan Communications Cable Franchise Agreement     Patti Halm, City Attorney, presented information on a resolution authorizing the Mayor and City Clerk to execute an agreement with Bresnan Communications Company to extend the existing cable television franchise agreement for a three year period. Coleen Fulks, 2705 Whitewood Drive, a MCTV volunteer, reminded Council of the length of time it takes to review the agreement between Bresnan Communications and the City of Midland. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland, Michigan ("City") granted a non-exclusive cable television franchise agreement ("Franchise") for a term of fifteen (15) years to Gerity Broadcasting Company on January 30, 1984; and

WHEREAS, the City approved the transfer of the Franchise to Bresnan Communications Company Limited Partnership ("Bresnan") by resolution duly passed and adopted at a meeting of the City Council held on November 17, 1986; and

WHEREAS, the term of the Franchise is scheduled to expire on January 30, 1999; and

WHEREAS, both the City and Bresnan wish to extend the term of the Franchise to allow additional time to provide for the proper and thoughtful consideration of the terms and conditions of the Franchise term and of issues relating to possible Franchise renewal; and

WHEREAS, the City is willing to grant a three (3) year extension of the current Franchise term, with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on January 30, 2002, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, Bresnan is willing to enter into a three (3) year extension of the current Franchise term with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on January 30, 2002, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, both the City and Bresnan agree to continue to negotiate in good faith concerning possible renewal of the Franchise during the aforementioned extension and to enter into a new franchise at such time that an agreement is reached ; and

WHEREAS, the City and Bresnan agree that as a result of agreeing to extend the term of the Franchise, neither party shall be deemed to have waived any of its rights or obligations under Section 626 of the Federal Communications Act of 1934, as amended, (47 USC, Section 546) nor any of its rights or obligations under the Franchise agreement; now therefore

RESOLVED, in consideration of the foregoing, the Mayor and the City Clerk are hereby authorized to execute an agreement, approved by the City Attorney, to extend the term of the Franchise by an additional three (3) years, for a total franchise term of eighteen (18) years. (Motion adopted.)

 

Federal Emergency Management Agency’s Project Impact Program    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that the City Council hereby authorizes the City Manager to file an application to participate in the Federal Emergency Management Agency’s Project Impact program. (Motion adopted.)

Sale of House - 3614 W. Wackerly The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3614 West Wackerly Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated October 19, 1998, was submitted by Daniel and Rebecca Kuhl, in the amount of $97,500; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, the requirement of sealed competitive proposals for sale of said property is hereby waived as being impractical; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion adopted.)

Paving Projects - Golf Course The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for parking lot resurfacing and cart path paving for the Currie Municipal Golf Course (Bid No. 2243); and

WHEREAS, funding for the paving projects is included in the 1998-99 Golf Course Fund budget for Capital Outlay, "Land Improvements," account number 584-9120-912.97-15; now therefore

RESOLVED, that a purchase order is authorized to Central Asphalt, Inc. of Mt. Pleasant, Michigan in the amount of $16,511.53 to resurface the East Course parking lot and $5,048.84 to pave golf cart paths, for a total amount of $21,560.37, in accordance with the proposal and city specifications. (Motion adopted.)

Purchase - Self-Contained Breathing Apparatus    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, sealed bids for the purchase of Self Contained Breathing Apparatus have been advertised and received in accordance with the Midland Code of Ordinances; and

WHEREAS, then sealed bids were evaluated for their compliance with the specifications and the unit prices of the equipment specified; and

WHEREAS, there are sufficient funds in the 1998-1999 Fire Department budget in account 101-3320-712.97-25; now therefore

RESOLVED, that the bid submitted by ASC-Master Tek of Roseville, Michigan in the amount of $100,790.00, is hereby accepted and a purchase order authorized. (Motion adopted.)

SCADA System - Water Plant Tim LeTourneau, Water Superintendent, presented information to Council on the purchase of a Supervisory Control and Data Acquisition (SCADA) System for the Water Treatment Plant. This new system would replace a control system last upgraded in 1983. The system controls the water and chemical feed rates throughout the Water Treatment Plant. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals (Bid No. 2218) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a This SCADA (Supervisory Control and Data Acquisition) System for the Water Treatment Plant; and

WHEREAS, funding is provided by the Water Fund Capital Outlay Account; now therefore

RESOLVED, that the low sealed proposal submitted by The Cadre Corporation of Madison Heights, Michigan, for the indicated amount of $745,050.00, is hereby accepted and a purchase order authorized. (Motion adopted.)

NEW BUISNESS: Karl Tomion, City Manager, announced and congratulated Penny Kovacevich, City Clerk/Treasurer, upon receipt of the 1998 Michigan Municipal Treasurers Association P.R.I.M.E. Award. This annual award is presented to one Michigan Treasurer in recognition of their professional excellence, distinguished community involvement and their outstanding service to the Michigan Municipal Treasurer Association.

 

Being no further business the meeting adjourned at 10:25 p.m.

 

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Penny K. Kovacevich, City Clerk