November 13, 2000

 

A regular meeting of the City Council was held on Monday, November 13, 2000, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

John Coppage (excused)

 

Minutes

Approval of the minutes of the October 23, 2000 regular and November 7, 2000 special meetings was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

2000 Esther and Carl Gerstacker Fire Fighter of the Year Award

Fire Chief Daniel Hargarten introduced Greg Weisbarth, the recipient of the “2000 Esther and Carl Gerstacker Fire Fighter of the Year Award”.  This award is given each year to one deserving City of Midland Fire Fighter and one fire fighter from the township fire departments in Midland County.  Mayor Black presented a plaque to Mr. Weisbarth recognizing him for his service and commitment in fire safety.

 

Living Word International Church – 20th Anniversary

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation in recognition of the 20th anniversary of the Living Word International Church.  (Motion adopted.)

 

Proposed DDA 2000-01 Budget Amendment

Robert Fisher, Director of Fiscal Services, presented information on a revised amendment to the 2000/01 Downtown Development Authority Budget to increase appropriations for capital outlay by $60,100.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, December 4, 2000, in the Council Chambers of the Midland City Hall on the proposal to amend the 2000-01 budget of the Downtown Development Authority Fund to increase appropriations for capital outlay by $60,100.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

MCTV Ordinance

Ron Beacom, MCTV Administrative Assistant, presented information on a proposed amendment to the Rules and Procedures of the City of Midland MCTV Ordinance.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie: 

 

ORDINANCE NO. 1490

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 15-133 OF DIVISION 2 OF ARTICLE V OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1.    Section 15-133 is hereby amended to read as follows:

                    Sec. 15-133.  Rules and procedures

                    The City Council shall establish by resolution such rules and procedures relative to the general administration, control, supervision and uses of MCTV facilities as shall be deemed necessary or advisable.  Scheduling of cablecast time on any channels that may now or hereafter be designated as a government or school district channel by the city council of the City of Midland and any use of a MCTV access channel or channels, including the use of any MCTV studio or equipment, by the city council of the City of Midland or by the city manager or his or her designee may be exempt from all or part of these rules, as determined by the city manager or his designee.  A copy of said rules and procedures shall be published and maintained in the office of the city clerk.

Section 2.    This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Cemetery Fees Ordinance

Martin McGuire, Director of Public Services, presented information to Council on an amendment to the City of Midland Cemetery Fees Ordinance.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1491

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 6-20 OF CHAPTER 6 THEREOF.

The City of Midland Ordains:

Section 1.  Section 6-20 of Chapter 6 is amended to read as follows:

CHAPTER 6

Sec. 6-20  Cemetery rates, charges and fees

         The rates, charges and fees for cemetery space and services are as follows:

(1)     Purchase prices (single grave rates):         Resident                   Non-resident

         (a)     Adult space, standard section........... $   525.00                  $ 785.00

         (b)     Adult space, flush marker section..........      460.00                     690.00

         (c)     Infant space, Little Shepherd..................      155.00                     235.00

         (d)     Cremation space....................................      120.00                     180.00

(2)     Perpetual care (added to interment cost when not previously paid):

   (a)     Adult space, standard section........... $ 175.00                   $ 262.50

         (b)     Adult space, flush marker section........    155.00                      232.50

         (c)     Infant space, Little Shepherd..................      52.50                        80.00

         (d)     Cremation space....................................      40.00                        60.00

(3)     Interment/disinterment:        Regular Fee             After 4:00 pm        Saturday

         (a)     Adult.............................. $ 485.00                 575.00                   830.00

         (b)     Child (3’-5’ length)..........   345.00                  435.00                   690.00

         (c)     Infant (2’-3’ length)..........   220.00                  310.00                   565.00

         (d)     Inurnment (Cremation)...   125.00                  215.00                   470.00

(4)     Indigent grave space:

(a)         Adult............................................................ $ 80.00

(b)         Infant/child......................................................    60.00

(5)     Foundation fees:

         (a)     Minimum Charge (< 300 sq. in.)................. $ 120.00

         (b)     Cost/square inch (> 300 sq. in.)......................      0.40

         (c)     Aprons cost/square inch..................................      0.15

         (d)     Removals cost/square inch.............................      0.15

(6)     Deeds

         (a)     Duplicate deeds.......................................... $ 15.00

         (b)     Transfer of deeds..........................................    15.00

Section 2   This Ordinance shall take effect on November 14, 2000.  (Ordinance adopted.)

 

Vacation of Eastman Avenue

Prior to consideration of Item No. 7, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, disclosed that he represented the Midland Economic Development Council in its efforts to acquire land bounded by Eastman Avenue, Larkin and Ripley Streets and requested that he be allowed to abstain from discussion and voting on Item No. 7.  Council unanimously agreed to the abstention.  Mayor Pro-tem Wazbinski assumed the chair.  Item No. 7 was then presented for consideration.

 

Mark Ostgarden, City Planner, presented information on the vacation of Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Midland City Council has initiated action to vacate Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets, a part of Carpenter and Hines Addition to the City of Midland, as recorded in Liber A, Pages 1, 2, and 25 of Plats, Midland County Records, referred the matter to the Midland City Planning Commission, and the City Engineer for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending approval of the street vacation; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the vacation request, subject to the retention of an easement for utilities; and

WHEREAS, a report has been received from the Director of Public Utilities recommending the subject vacation, subject to the retention of easements for existing utilities; and

WHEREAS, a public hearing was held September 11, 2000, to hear comments from interested parties; and

WHEREAS, it is hereby determined that such proposed action will not adversely affect the health, welfare, comfort, and safety of the people of the City of Midland, and is an action in the public interest; now therefore

RESOLVED, that lands described as Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets, be, and the same are hereby vacated, discontinued, and abolished, subject to the retention of easements for existing utilities; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion adopted.  Yeas:  Currie, McKeag, Wazbinski    Nays:  None   Abstained:  Black)

 

Mayor Pro-tem Wazbinski returned the gavel to Mayor Black.

 

Acquisition of Land – Public Access to Sturgeon Creek Park

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

 

WHEREAS, Act 451, P.A. 1994, as amended, provides for the conveyance of State-owned tax-reverted lands to municipal units for public purposes; and

WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources and are available for acquisition under the provisions of the above mentioned act, legally described as:

           Township 14 North, Range 2 East, Section 6, Beginning at the SW corner of Lot 63 of Blackhurst Subdivision, E 187.49 feet, S 13.75 feet, W to the E line of Highland Drive, NWly to the point of beginning; and

WHEREAS, the City of Midland desires to acquire such lands for purposes of public access to Sturgeon Creek Park; now therefore

RESOLVED, that the City of Midland is authorized to make application to the State of Michigan, Department of Natural Resources, Real Estate Division for conveyance of said land to the city for a fee of $300 as set by the Natural Resources Commission; and

RESOLVED FURTHER, that the City of Midland Parks Department shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conformity with the above mentioned acts.  (Motion adopted.)

 

MJC Golf Contract – Change Order #002

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

 

RESOLVED, that Change Order #002 in the amount of $30,000 is hereby approved amending the contract with MJC Golf that was approved on February 14, 2000; and

RESOLVED FURTHER, that the City Manager be authorized and directed to execute this Change Order on behalf of the City of Midland.  (Motion adopted.)

 

Letter in Opposition to the USEPA – Proposed Reclassification of Chlorine Gas

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

 

WHEREAS, chlorine gas has been used by municipal Water and Wastewater Treatment Facilities as a primary disinfectant against pathogenic organisms since the early 1900s; and

WHEREAS, chlorine gas has proven to be the most dependable, cost effective, and widely used method of protecting public health and ecology in treating our water and wastewater; and

WHEREAS, the USEPA is proposing to reclassify chlorine gas used in water treatment from a "Disinfectant" to a "Restricted Use Pesticide", causing more training, additional certification and licensing, and undermining public confidence; now therefore

RESOLVED, that the City Council hereby directs the City Manager to issue a letter to the USEPA in opposition to the proposed reclassification of chlorine gas used in water treatment from a "Disinfectant" to a "Restricted Use Pesticide".  (Motion adopted.)

 

Sag/Mid Municipal Water Supply Corp - Annual Financial Statements & Auditor’ Report

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 2000 and 1999, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Lease Agreement – Unit 6 of Hangar Building #11-A at Barstow Airport

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

 

WHEREAS, Jerry Clark desires to rent Unit #6 of Hangar Building #11-A for aircraft storage purposes for the amount of $122.42 per month ($1469.00 per year); and 

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-hangar unit #6; now therefore

RESOLVED, that the City Council hereby approves rental of Unit #6 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City.  (Motion adopted.)

 

Easement – Ameritech/Michigan Bell for Utility Cabinets near E. Ashman and Rockwell

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

 

RESOLVED, that the attached Modified Easement Grant Agreement from the City of Midland to Ameritech/Michigan Bell Telephone Company for the purpose of installing and maintaining a utility cabinet on part of the southeast ¼ of Section 12, T14N-R2E, City of Midland, Midland County is hereby granted and ordered recorded; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the attached easement on behalf of the City of Midland.  (Motion adopted.)

 

MDOT Contract No. 2001-0151 - Reconstruction of Saginaw Road (Dartmouth to Patrick)

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

 

WHEREAS, a proposed Memorandum of Understanding between Michigan Department of Transportation (MDOT) and City of Midland for Exchange of Federal Funds for State Funds for the reconstruction of Saginaw Road from Dartmouth Drive to Patrick Road has been received from MDOT; and

WHEREAS, the City of Midland has received a $375,000 grant from the federal Transportation Efficiency Act for the 21st Century; and

WHEREAS, MDOT allows an M-Fund buy-out which allows a municipality to accept 75% ($282,000) of a federal grant and waives the requirements of the MDOT bidding process and allows the municipality more flexibility in the use of the funds; and

WHEREAS, this roadway will be reconstructed at the same time as a sanitary sewer forcemain is installed under Saginaw Road in 2001 and the remaining funds will be provided by the Major Street Fund; now therefore

RESOLVED, that the City Council hereby approves the proposed Memorandum of Understanding and accepts the $282,000 from the Michigan Department of Transportation and authorizes the Mayor and City Clerk to execute the Memorandum of Understanding on behalf of the City of Midland.  (Motion adopted.)

 

Services from White Pine Library Cooperative

Melissa Barnard, Grace A. Dow Memorial Library Director, requested that Council waive competitive bids and approve expenditures to the White Pine Library Cooperative for a variety of cooperative services.  Ms. Barnard introduced the Director of White Pine Cooperative Mr. David Simmons.  Mr. Simmons briefly reviewed the services offered by the Cooperative.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the White Pine Library Cooperative provides a necessary and valuable service to the library; and

WHEREAS, said services are not offered through any other organization or institution; and

WHEREAS, funding for these services is provided in the 2000/01 Grace A. Dow Memorial Library Fund budget; now therefore

RESOLVED, that the requirement for competitive bids is hereby waived in accordance with Section 2-18 of the Code of Ordinances, and the purchase of services from the White Pine Library Cooperative is hereby approved for the 2000/01 fiscal year at a cost not to exceed $40,000.  (Motion adopted.)

 

 

 

Landfill Gas Vent Installation Services

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

 

WHEREAS, sealed bids for the 2000 City of Midland Landfill – Gas Vent Installation Services, Bid No. 2428, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in project LF9902, Cells 1-13 Closure; now therefore,

RESOLVED, that the low compliant bid proposal submitted by Organic Waste Technologies, of Brecksville, Ohio in the amount of $60,150 is hereby accepted; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Kent Street Pump Station Generator

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

 

WHEREAS, sealed bids for the Pump Station Generator, Bid No. 2430, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds will be made available from the proceeds of the 2001 Sanitary Sewer General Obligation Bonds; now therefore

RESOLVED, that the low compliant bid proposal submitted by Standby Power, Inc. of Saginaw, Michigan in the amount of $32,000 is hereby accepted and issuance of a purchase order is authorized.  (Motion adopted.)

 

Contracted Appraisal Services – MCV Assessment Appeal

Prior to consideration of Item No. 16d, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, disclosed his firm has been retained by Midland Cogeneration Venture for various legal reasons and requested he be allowed to abstain from discussion and voting on Item No. 16d.  Council unanimously agreed to the abstention.  Mayor Pro-tem Wazbinski assumed the chair.  Item No. 16d was then presented for consideration.

 

James Branson, City Attorney, presented information on a request to increase the total amount authorized for payment to the appraisal firm of Walsh and Associates, Inc. for its assistance in the Midland Cogeneration Venture (MCV) appeal case.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firm of Walsh and Associates, Inc. has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on December 6, 1999, Council authorized payments to Walsh & Associates, Inc. for the aforementioned services in a total amount not to exceed $50,000; and 

WHEREAS, on August 14, 2000, Council authorized payments to Walsh & Associates, Inc. for the aforementioned services in a total not to exceed $100,000; and

WHEREAS, the cost of said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2000-2001 General Fund Budget; now therefore

RESOLVED, that authorization for payment to the appraisal firm of Walsh & Associates, Inc. for its assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $200,000.  (Motion adopted.  Yeas:  Currie, McKeag, Wazbinski   Nays:  None    Abstained:  Black)

 

Mayor Pro-tem Wazbinski returned the gavel to Mayor Black.

 

NEW BUSINESS

Council discussed and set the following meetings:

 

Set a closed session to discuss pending litigation for February 13, 2001, at 4:00 p.m.

 

Set a closed session to discuss pending litigation for December 6, 2000, at 4:00 p.m.

 

Set an Engineering Priorities meeting for January 17, 2001, at 7:00 p.m.

 

Set a tentative meeting for December 19, 2000, at 6:00 p.m. to discuss the job performance review process.

 

Being no further business the meeting adjourned at 7:57 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk