November 12, 2001

 

A regular meeting of the City Council was held on Monday, November 12, 2001, at 7:00 p.m. in the Council Chambers of City Hall.  Penny Kovacevich, City Clerk/Treasurer, opened the meeting.  Boy Scout Troup 760 led those assembled in the Pledge of Allegiance to the Flag.

 

The roll of those elected to the office of Council member in each of the City’s wards was then called:

                                                Ward I             R. Drummond Black – present

                                                Ward II            Daryl L. Griggs – present

                                                Ward III            Hollis H. McKeag – present

                                                Ward IV           Mary C. Currie – present

                                                Ward V            Marty A. Wazbinski – present

 

Penny Kovacevich then administered the Oath of Office to each Council member.

 

Selection Process of Mayor and Mayor Pro Tem

Penny Kovacevich, City Clerk, instructed that a written but public ballot could be used to elect the Mayor and Mayor Pro Tem if Council so desired or the appointment could be made by a motion of one Council member and seconded by another.  Based on the option to motion for an appointment the following two resolutions were presented for consideration.

 

Mayor Selection

The roll of the Mayor was summarized and the selection of the Council member to that position was considered.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that R. Drummond Black is hereby selected to serve as Mayor of the City of Midland for the 2001-2003 term.  (Motion adopted.)

 

Mayor Pro Tem Selection

The selection of the Mayor Pro Tem was considered. The following resolution was then offered by Council Member Currie and seconded by Council Member Black:

 

RESOLVED, that Marty Wazbinski is hereby selected to serve as Mayor Pro Tem of the City of Midland for the 2001-2003 term.  (Motion adopted.)

 

R. Drummond Black, selected by his peers to serve as Mayor, accepted the gavel from Penny Kovacevich, City Clerk/Treasurer.

 

Robert’s Rules of Order

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

 

RESOLVED, that Robert's Rules of Order Newly Revised edition, be and are hereby adopted to govern, during the current term, the proceedings of the Midland City Council.  (Motion adopted.)

 

Rules in Recognition of the Provisions of the Open Meetings Act

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

 

RESOLVED, that this resolution shall supercede the City Council resolution dated November 8, 1999, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed closed session of the City Council; and

RESOLVED FURTHER, that the following rules in recognition of the provisions of the Open Meetings Act are hereby adopted:

1.   Addressing Council Meetings:  Any person in attendance at a meeting of the City Council may address the Council any time his remarks are germane to the agenda item being discussed by the Council upon being recognized by the presiding officer.

          The agenda of every regular council meeting of the City shall include one agenda item described as either "public comment" or "new business".  The presiding officer shall recognize any person in attendance at the meeting under the provisions of these rules to speak under this agenda item on any subject upon which the Council may properly and lawfully take action.

          The presiding officer shall recognize members of the public for reasonable periods and under such conditions as the presiding officer may prescribe to prevent disruption of the business of the Council.

          The presiding officer shall not permit members of the public to discuss matters not germane to the agenda item being discussed nor shall the presiding officer permit obscene or insulting comments, actions or printed material.

          No person shall be permitted to address the Council unless recognized by the presiding officer and, upon such recognition, the person recognized shall speak at the microphone provided, if any, and give his name and address and disclose upon whose behalf he desires to address the Council if he is appearing in a representative capacity.

2.   Meeting Notices:  The City Clerk is hereby authorized and directed to make a reasonable estimate of the yearly cost of reproducing and mailing notices of all meetings of the City Council and, on an individual yearly basis, meeting notices for any board, commission, or committee of the City created by the ordinances of the City or resolution of the City Council.  Such reasonable estimated costs shall be filed in the office of the Clerk and shall be the charge made to a party making a written request for the same as provided in Section 6 (1) of the Open Meetings Act.

          However, no charge shall be made to any newspaper or radio and television station requesting such notices nor shall a charge be made to any party requesting meeting notices of the Council or of any single board, commission or committee.  A charge shall be made to a party, other than the news media, requesting annual notice for multiple types of meetings.

3.   Agendas:  Agendas published in advance and furnished to the City Clerk shall be provided to parties entitled to notice of public meetings pursuant to Sections 6 (1) and (2) of the Open Meetings Act and under the same provisions as part 2 above.

4.   Minutes:  The City Clerk shall determine the reasonable estimated cost of reproducing minutes of the City Council's meetings and the minutes of any board, commission and committee created by the ordinances of the City of resolutions of the City Council.  Such reasonable estimates of cost, based on four (4) cents per page plus the time required of the lowest paid, permanent, full‑time clerical employee of the Clerk's Office to retrieve and reproduce the requested minutes, calculated to the nearest one‑sixth of the hourly wage rate, shall be filed in the Clerk's Office.  There will be no charge for minutes when the cost is five dollars ($5.00) or less.  If the request for copies of minutes exceeds a total cost of five dollars ($5.00), the actual costs shall constitute the charge made pursuant to Section 9 of the Open Meetings Act.  (Motion adopted.)

 

Rules in Recognition of the Provisions of the Freedom of Information Act

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

 

RESOLVED, that the City of Midland hereby adopts the attached policy as its Freedom of Information Act Policy; and

RESOLVED FURTHER, that the attached documents shall be used to implement the FOIA policy; and

RESOLVED FURTHER, that the City Manager is hereby designated as the City of Midland’s Freedom of Information Act Coordinator.  (Motion adopted.)

 

Midland Area Emergency Medical Board Appointment

Ballots were handed out to Council and the result read by the City Clerk.  The following resolution based on the results of balloting was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that Hollis McKeag be designated and is appointed as the City Council's representative for the duration of his current term of office to the Midland Area Emergency Medical Board.  (Motion adopted.)

 

MBS International Airport Commission Appointment

Ballots were handed out to Council and the result read by the City Clerk.  The following resolution based on the results of balloting was then offered by Council Member Griggs and seconded by Council Member Currie:

 

RESOLVED, that R. Drummond Black be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Board of the MBS International Airport Commission.  (Motion adopted.)

 

Midland’s Legislative Director Appointment

Ballots were handed out to Council and the result read by the City Clerk.  The following resolution based on the results of balloting was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that Marty Wazbinski be designated and is appointed as the City Council’s representative for the duration of his current term of office as the City of Midland’s Legislative Director.  (Motion adopted.)

 

Readoption of Previous Council Policies

Jack Duso, Assistant City Manager, presented information on the readoption of previous Council policies.  Legislation adopted by ordinance remains in force and effect until amended or repealed by the City Council.  Unlike ordinances, resolutions remain in effect only for the duration of the term of the City Council that adopted them.  This resolution would renew existing city policies previously adopted by resolution.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the following policies adopted by resolution of the City Council that were in effect as of the November 6, 2001 City Council election are hereby readopted by this City Council:

·         Liquor License Policy

·         Public Improvement Petition Deadline

·         Budget Transfers

·         Sidewalk Construction Policy

·         Poverty Exemption Guidelines

·         Administrative Approvals for Annual Events

·         Parks and Recreation Rules

·         Barstow Airport Rules

·         Refuse Collection Rules

·         Cemetery Rules

(Motion adopted.)

 

Minutes

Approval of the minutes of the October 22, 2001 regular and October 29 and 30, 2001 special meetings was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

American Red Cross Plaque Presentation – September 11th Terrorist Attacks

Selina Tisdale, Community Relations Coordinator, introduced Bruce Peck, Board Chair of the Midland/Gladwin County Chapter of the American Red Cross.  Mr. Peck presented a plaque to Mayor Black in recognition of the residents of the City and County who have given generously to the American Red Cross local chapter in response to the September 11th terrorist attacks. 

 

2001 Road to Progress Construction Year Presentation

Selina Tisdale, Community Relations Coordinator and Brian McManus, City Engineer, gave a presentation on the completion of the 2001 Road Construction Year.

 

PUBLIC COMMENTS

Fay A. Wood, 3501 Bay City Road, indicated during her campaign for Council she had questions regarding volunteerism.  Ms. Wood presented information on how she received her certificate for volunteering.

 

Barstow Airport Five Year Development Plan

Brian McManus, City Engineer, presented information on a five-year capital development plan for Jack Barstow Airport.   In order to be eligible for Federal and State funding, airport owners are required to keep a Five Year Development Plan and update it on an annual basis.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the Michigan Bureau of Aeronautics requires that municipal airport owners maintain a Five Year Development Plan in order to be eligible for Federal and State funding; and 

WHEREAS, a report has been received from the City Engineer indicating that the Jack Barstow Airport Five Year Development Plan for years 2002-2006 was reviewed and accepted at the Michigan Aeronautics Planning meeting on September 11, 2001; and

WHEREAS, the Barstow Airport Advisory Commission supports the 2002-2006 Five Year Development Plan; now therefore

RESOLVED, that the City Council hereby adopts the 2002-2006 Jack Barstow Airport Five Year Development Plan and directs the City Manager to pursue funding through the Bureau of Aeronautics on an annual basis in order to maintain Jack Barstow Airport.  (Motion adopted.)

 

Bogel Drive Special Assessment District

Brian McManus, City Engineer, presented information on a request from the Bogel family to terminate the Bogel Subdivision improvements.  The resolution written in the affirmative approving the necessity for the 2001 Bogel Drive Improvement must be denied to terminate the project.  The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated September 17, 2001, said street being:

                 BOGEL DRIVE       from Airport Road to the north line of Bogel’s Urban Subdivision

and has heretofore established one special assessment district designated:

“2001 BOGEL DRIVE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, October 8, 2001, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; and

WHEREAS, action on this improvement was postponed on October 8, 2001 in order to allow staff to meet with the abutting property owners and explain the various options regarding costs; and

WHEREAS, action on this improvement was postponed again on October 22, 2001 when it was discovered by staff that there are some property ownership issues related to the proposed subdivision; and

WHEREAS, on November 6, 2001 the petitioners submitted a letter stating that they no longer intend to pursue the Bogel Subdivision improvement at this time and request that the petition requesting improvement to Bogel Drive be withdrawn; now therefore

RESOLVED, that the Council finds and determines that the improvement of Bogel Drive is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of twenty-seven thousand six hundred dollars ($27,600.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be fifteen thousand six hundred fifty dollars ($15,650.00) and that all other costs and expenses of said improvement amounting to eleven thousand nine hundred fifty dollars ($11,950.00) shall be borne and paid by special assessment on all lands and premises in said “2001 Bogel Drive Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

“2001 BOGEL DRIVE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion denied.  Yeas:  None   Nays:  Black, Currie, Griggs, McKeag, Wazbinski)

 

School Yard/Park at Chippewassee School – Agreement

Martin McGuire, Director of Public Services and Greg Matheson, Principal of Chippewassee Elementary School, spoke in support of collaboration between the City of Midland and Midland Public Schools regarding the purchase of playground equipment for Chippewassee Elementary School.  Under the agreement the City of Midland will match funds, up to a specific amount, raised by the Chippewassee Elementary School PTO.  The program is an attempt to establish a park to serve neighborhood needs without property costs or disturbing existing residential areas.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the Parks and Recreation Master Plan adopted in 1999 has established as a sub-goal, “partnering with the Midland Public Schools to coordinate plans for undeveloped open space adjacent to school facilities”; and

WHEREAS, the Parks and Recreation Department developed a partnership with Midland Public Schools and the Cook School PTO to successfully develop a school playground for school and community use; and

WHEREAS, the Master Plan also identified the Chippewassee School area as being devoid of district and block park acreage; and

WHEREAS, the Chippewassee School PTO has expressed interest in establishing a partnership with the City, similar to that at Cook, for the development of the Chippewassee School Playground for school and community use; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement which commits the City to matching up to $7,500 in each of the next three years for the development of a school yard/park at Chippewassee School.  (Motion adopted.)

 


Traffic Control Order R-01-02

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

 

RESOLVED, that Traffic Control Order No. R-01-02 filed August 13, 2001 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Pine River Road, Atwell Street, and Whitman Drive between Towsley Street and Grey Road be posted at 45 m.p.h.

is hereby made permanent.  (Motion adopted.)

 

West Main Street Historic District Commission – Panhorst Resignation

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

 

RESOLVED, that the resignation of Michael Panhorst as a member of the West Main Street Historic District Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Panhorst for his service on this important Commission.  (Motion adopted.)

 

Midland County Central Dispatch Authority Policy Board Appointment

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

 

RESOLVED, that Chief James St. Louis is hereby reappointed to the Midland County Central Dispatch Authority Board for a term of four years beginning February 1, 2002.  (Motion adopted.)

 

Troll Stroll Art Project

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

 

RESOLVED, that the City Council hereby approves the request of Northwood University’s Arts Outreach Programs Director and the Downtown Development Authority to implement a new community art project, TROLL STROLL, to be initiated at the beginning of Summer 2002, subject to the following provisions:

 

(Motion adopted.)

 

2001 Nelson Area Pump Station; Contract No. 19; Change Order No. 1

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

 

WHEREAS, on April 23, 2001, City Council awarded a contract to Gerace Construction Company of Midland, Michigan for the 2001 Nelson Area Pump Station, Contract No. 19 for the installation of a sanitary sewage pump station at the northeast quadrant of the Ashman Circle; and

WHEREAS, Ayres, Lewis, Norris and May (ALNM) prepared the plans and specifications for the construction of said pump station and has issued Bulletins 1, 2 and 3 and has made other recommendations to cover revisions required to complete the construction; and

WHEREAS, Gerace Construction Company has submitted costs associated with the required revisions; and

WHEREAS, a report has been received from the City Engineer recommending that the required revisions be completed as outlined in Change Order No. 1 to the 2001 Nelson Area Pump Station, Contract No. 19; and

WHEREAS, the summary amount of contract changes increases the project cost by  $161,811.00; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 1 to the 2001 Nelson Area Pump Station; Contract No. 19, in the amount of $161,811.00.  (Motion adopted.)

 

Purchase – Truck Loading Snow Blower

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Truck Loading Snow Blower, Bid No. 2541; and

WHEREAS, sufficient funding for the snow blower is included in the 2001-02 General Fund budget, Parks Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Knapheide Truck Equipment of Flint, Michigan in the total amount of $47,321.00 for the purchase of a truck loading snow blower, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Payment – Environmental Management Consulting Service (Dow Corning Tax Appeal)

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000 and 2001 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the environmental management consulting firm of Pilko & Associates, Inc. are required to assist the City in its defense of the Dow Corning Corporation’s appeals; 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 Dow Corning Corporation Tax Appeal activity of the 2001-2002 General Fund Budget; now therefore

RESOLVED, that payment to Pilko & Associates, Inc. for professional services in connection with the aforementioned defense of the Dow Corning Corporation is hereby authorized in an amount not to exceed $105,000.  (Motion adopted.)

 

Sewer Liner Repair

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

 

WHEREAS, it is necessary at times to repair entire runs of sanitary sewer pipe manhole-to-manhole, and in many cases is more cost effective to line damaged pipe instead of excavating and replacing or repairing the pipe; and

WHEREAS, sealed bids for the Sewer Liner Repairs, Bid No. 2537, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available in Wastewater account #590-9120-912-97.65 - Capital Outlay / Sewer System; now therefore

RESOLVED, that the lone bid pricing structure submitted by Insituform Technologies USA, Inc. is hereby accepted and issuance of purchase orders in an aggregate amount not to exceed $100,000 is authorized.  (Motion adopted.)

 

Screen & Grid Equipment Replacement (Wastewater Treatment Plant)

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

 

WHEREAS, the Wastewater Treatment Plant utilizes two screen grid units to remove large debris from the wastewater stream; and

WHEREAS, the equipment is subject to wear and the first of the two units is in need of replacement, rebuilding, or remanufacturing; and

WHEREAS, Utilities staff has concluded that the remanufacture of the first of the two Water Treatment Plant screen grids is the most cost effective option; and

WHEREAS, the manufacturer of the Wastewater Treatment Plant's WieseFlo screen grid has proprietary ownership of the parts and is the sole source, in conjunction with its representative Waterworks Systems & Equipment, Inc., for this work; and

WHEREAS, funds are available in the Fiscal 2002 Wastewater budget account number 590-9120-911.97-65 Capital Outlay / Construction Projects; now therefore

RESOLVED, that in accord with Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and issuance of a purchase order to Waterworks Systems & Equipment, Inc. of Lakeland, Michigan in an amount not to exceed $22,782 is authorized.  (Motion adopted.)

 

Water Main Fittings (Water Distribution)

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

 

WHEREAS, sealed bids for Water Main Fittings for the Water Distribution Department, Bid No. 2532, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds are available in the Water Fund Inventory Account; and

WHEREAS, it would be in the City's best interest, due to substantial savings, to divide the award of Water Main Fittings, based on low bid price for each item; now therefore

RESOLVED, that purchase orders are hereby authorized to SLC Meter for $1,326.52, East Jordan Iron Works for $3,432.90, Etna Supply Company for $9,116.35, and Municipal Supply Company for $9,213.50, for an aggregate amount not to exceed $23,089.27.  (Motion adopted.)

 

Cells 9-13 Leachate & Gas Collection System (Landfill)

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

 

WHEREAS, sealed bids for the Leachate and Gas Collection System, Bid No. 2540, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding is available in the Landfill Fund budget account 517-9120-912.97-65 – Construction Projects; now therefore

RESOLVED, that the low sealed proposal submitted by Fisher Contracting Co., of Midland for the indicated amount of $286,169, is hereby accepted and a purchase order is authorized; 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.)

 

Senate Bill 759

Jack Duso, Assistant City Manager, presented information on Senate Bill 759.  Senate Bill 759 would prohibit the City Council from advocating a position on a ballot proposal by the passage of a resolution and would prohibit Council from qualifying a ballot proposal, such as a bond proposal.  This bill would also prohibit the Michigan Municipal League from using funds collected from its member municipalities to influence the outcome of an election in the state.  The resolution prepared would have urged Senator Schuette to oppose Senate Bill 759.  The Manager’s Office within the last two days received information that a substitute bill was adopted by the Senate.  Not having time to research the bill, the Manager’s Office recommended that Council take a wait and see position on any action taken by the House regarding SB759.

 

Closed Session

Mayor Black, a partner in the firm of Riecker, VanDam, Barker & Black, P.C., stated his law firm has represented the Midland Cogeneration Venture in a variety of legal matters and requested he be allowed to abstain from participating on Agenda Item 15, calling for a closed meeting to discuss pending litigation on Midland Cogeneration Venture Limited Partnership vs City of Midland.  Council unanimously agreed to the abstention and excused Mayor Black from the closed meeting.  Mayor Black handed the gavel to Marty Wazbinski, Mayor Pro tem, who then assumed the chair.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with an attorney representing the City regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion adopted by Roll Call Vote.   Yeas:  Currie, Griggs, McKeag, Wazbinski   Nays:  None    Abstained:  Black)

 

Being no further business the meeting adjourned to a closed session at 8:27 p.m.

 

 

 

______________________________________

            Penny K. Kovacevich, City Clerk