November 19, 2001

 

A regular meeting of the City Council was held on Monday, November 19, 2001, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  Cub Scout Pack 3768 and Boy Scout Troop 763 led those assembled in the Pledge of Allegiance to the Flag.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the November 12, 2001 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

Bette R. Tollar Civic Commitment Award Presentation

Selina Tisdale, Community Relations Coordinator, introduced Howard Garrett, Chair of the Beautification Advisory Committee.  Howard Garrett spoke about Dahlia Hill – The Dahlia Hill Society and the Tridge (20th Anniversary) – Midland Area Community Foundation as recipients of the Bette R. Tollar Civic Commitment Award.  Mayor Black presented plaques to Charles Breed, representing The Dahlia Hill Society and Denise Spencer, representing Midland Area Community Foundation.

 

PUBLIC COMMENTS

No comments were made.

 

Site Plan No. 209

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 209 for a dental facility on the southeast corner of Eastman Avenue and Dilloway Drive.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 209, the request of Asselin Associates, on behalf of Dr. Ted Knight, for site plan review and approval of a 2,972 square foot dental facility on .75 acres on the southeast corner of Eastman Avenue and Dilloway Drive, with the following conditions:

1.  Staff will contact Wolverine Bank in an effort to secure alignment of their Dilloway Drive driveway with the proposed driveway.

2.   Screening will be provided along the west property line in accord with applicable zoning provisions and along the east property line in compliance with an existing legal order.

3.   Site lighting shall not be cast off site.

; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 209, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 209, in accord with the drawing dated October 30, 2001, subject to the conditions listed above.  (Motion adopted.)

 

2001 LOCC Determinations Report

Penny Kovacevich, City Clerk/Treasurer, presented information on the Local Officers’ Compensation Commission and introduced Bruce Peck, Chair of the 2001 Local Officers’ Compensation Commission.  Bruce Peck summarized the findings in the 2001 LOCC Determinations.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation Commission has duly met and approved its 2001 Local Officers’ Compensation Commission Determinations; and

WHEREAS, said determinations were officially filed by the Chairman of the Local Officers’ Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on November 16, 2001; and

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances the determinations made by the Local Officers’ Compensation Commission shall become effective on December 16, 2001 unless said determinations are rejected by a 4/5 vote of the City Council; now therefore

RESOLVED, that the City Clerk’s notification of the filing of 2001 Determinations of the Local Officers’ Compensation Commission of the City of Midland on November 16, 2001 is hereby acknowledged by the City Council as having been received; and

RESOLVED FURTHER, that the City Council hereby directs that an additional copy of the 2001 Determinations of the Local Officers’ Compensation Commission be filed in the Governmental Corner of the Grace A. Dow Memorial Library for public review; and

RESOLVED FURTHER, that the City Manager is hereby directed to place this item on the December 3, 2001 City Council agenda for the purpose of hearing any public comments prior to any action taken by the City Council.  (Motion adopted.)

 

Request to Close Goldenwood Drive at Hedgewood Drive

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

 

RESOLVED, that a petition received from residents of Amberwood Subdivision to close Goldenwood Drive at Hedgewood Drive, within Amberwood Subdivision, as recorded in Liber P, Pages 8 and 9 of Plats, Midland County Records, is hereby referred to the City Engineer, the Planning Commission, the Police Department, the Fire Department, the Director of Utilities, and the Director of Public Services, for review and recommendation to the City Council.  (Motion adopted.)

 

Speed Study for The Dow Chemical Company

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

 

WHEREAS, the City’s Traffic Consultant, Reid. Cool and Michalski, Inc., was approached by The Dow Chemical Company to retain their services; and

WHEREAS, these services involve a speed study to be conducted entirely on The Dow Chemical Company property; and

WHEREAS, these services do not compete with the City’s interests; now therefore

RESOLVED, the City Council hereby grants approval to the City’s Traffic Consultant, Reid, Cool and Michalski, Inc., to conduct a speed study for The Dow Chemical Company within the city limits and entirely on The Dow Chemical Company property.  (Motion adopted.)

 

City Investment Policy and Qualified Bidders List

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

 

WHEREAS, the City of Midland’s Investment Policy, approved on November 23, 1998 by City Council, states that the Treasurer shall maintain a listing of financial institutions and security broker/dealers and investment departments of banks which are approved for investment purposes; and

WHEREAS, prior to approval all financial institutions and security broker/dealers and investment departments of banks must submit a signed “Acknowledgment of Receipt of the City of Midland Investment Policy and an Agreement to Comply”, must fill out a questionnaire on their institution, and must agree to abide by the requirements of P.A. 20 of 1943 as amended; and 

WHEREAS, the Treasurer’s Office currently uses Chemical Bank and Trust Company and Comerica Bank to transact investments; and

WHEREAS, for additional diversification, safety, liquidity and return on investments it is prudent to expand the qualified bidding list of financial institutions, broker/dealers, investment departments of banks; and

WHEREAS, the following financial institutions, broker/dealers and investment departments of banks and pooled fund accounts have submitted signed agreements acknowledging receipt of and compliance with the City’s Investment Policy and have agreed to abide with the requirements of P.A. 20 of 1943 as amended:.

                        Chemical Bank and Trust Company

                        Comerica Bank

                        Comerica J-Fund

                        Standard Federal Bank

                        Huntington Capital Corporation

                        Salomon Smith Barney

                        Republic Bank

                        Bank One 

                        MBIA Pooled Fund

; now therefore

RESOLVED, that the City of Midland Investment Policy adopted by Council resolution on November 23, 1998 be hereby readopted; and 

RESOLVED FURTHER, that the above list of “Qualified Bidders” for investments be approved and that Chemical Bank and Trust Company and Comerica Bank remain as the main depositories for the City of Midland; and

RESOLVED FURTHER, that the Midland City Treasurer and/or her designee(s) be authorized to execute all agreements with the approved financial institutions, broker/dealers, investment departments of banks, and pooled funds regarding investment of funds upon review and approval of same by the City Attorney.  (Motion adopted.)

 

2001 Saginaw/Midland Municipal Water Supply Corporation

Annual Financial Statements & Auditor’s Report

The following resolution was offered by Council Member Currie 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, 2001 and 2000, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Purchase Order Increase for Lime Slaker Systems (Water Plant)

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

 

WHEREAS, on May 8, 2001 sealed bids were received in accord with Section 2-18 of the Midland Code of Ordinances for the purchase of three new lime slaker systems for the Water Treatment Plant; and

WHEREAS, it has recently been discovered that said bid, through no fault of the vendor, included stainless steel construction of a lesser composition than the City of Midland’s standard for lime slaker systems; and

WHEREAS, the cost of the required upgrading of said stainless steel for all three systems is $2,820 each, or a total of $8,460, thereby increasing the total amount of the purchase to $197,163; and

WHEREAS, sufficient funding for this modification is available in the 2001-02 Water Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase the amount of the existing purchase order to Merrick Environmental Technology, Inc. for the purchase of three lime slakers to $197,163.  (Motion adopted.)

 

Senate Bill No. 759

Jack Duso, Assistant City Manager, presented a comparison of Senate Bill No. 759 and the substitute version adopted by the Senate on November 12, 2001.  After Council discussion led by Marty Wazbinski, Midland’s Legislative Director, the following addition was made to the resolution “that the City Council does not oppose the provision of Senate Bill No. 759 that prohibits passage of a resolution or other means of communication to advocate election or defeat of a candidate”.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, Senate Bill No. 759, an amendment to the Michigan Campaign Finance Act, states that a nonprofit corporation that receives money from a public body or a person acting on behalf of a public body as membership fees or dues shall not use the money or investment income derived from the money to influence the outcome of an election held in this state; and

WHEREAS, the Michigan Municipal League is a nonpartisan nonprofit corporation supported by membership dues from the over 500 cities and villages that belong to the organization on a voluntary basis; and

WHEREAS, Senate Bill No. 759 inhibits the Michigan Municipal League from representing the interests of its member communities on issues of public policy that may come before the electorate of the state of Michigan; now therefore

RESOLVED, that the City Council hereby urges Representative Tony Stamas to oppose Senate Bill No. 759 and the City Clerk is hereby authorized and directed to send a certified copy of this resolution to Representative Stamas; and

RESOLVED FURTHER, that the City Council does not oppose the provision of Senate Bill No. 759 that prohibits passage of a resolution or other means of communication to advocate the nomination, election, or defeat of a candidate.  (Motion adopted.)

 

NEW BUSINESS:

 

Sturgeon Creek Watershed Project   (Project Impact)

Jon Lynch, Director of Planning and Community Development, presented information on the request for payment of $36,500 to the Midland Conservation District for the Sturgeon Creek Watershed Project.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Midland Conservation District has requested the City's support for its grant application to study the Sturgeon Creek drainage basin; and

WHEREAS, on September 11, 2000, the Midland City Council approved financial support in the amount of $7,500 from the Storm Water Management Fund; and

WHEREAS, there is $29,000 remaining in the City's Project Impact Grant, and this activity has been approved by the Federal Emergency Management Agency; now therefore

RESOLVED, that the City Council hereby approves the spending of $29,000 from Project Impact funds and $7,500 from the Storm Water Management Fund for the Sturgeon Creek Drainage Basin Assessment Project, for a total project cost of $36,500.  (Motion adopted.)

 

Discussion – West Main Street Historic District Commission Vacancy

Council held a discussion on filling the vacancy on the West Main Street Historic District Commission.   A press release will be issued seeking applicants for the commission and an appointment will be made to the West Main Street Historic District Commission at the Council meeting on December 3, 2001.

 

Being no further business the meeting adjourned at 8:10 p.m.

 

 

______________________________________

            Sandy Marshall, City Clerk