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