December 17, 2001

 

A regular meeting of the City Council was held on Monday, December 17, 2001, 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, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the December 3, 2001 regular and December 5, 2001 special meetings was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

Volunteer Blood Donor Month – January 2002

Selina Tisdale, Community Relations Coordinator, introduced Wilson Coomer, Executive Director of the Ernie Wallace Memorial Blood Bank, who requested Council issue a proclamation designating January 2002 as Volunteer Blood Donor Month.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the month of January, 2002, as VOLUNTEER BLOOD DONOR MONTH in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Wilson Coomer.

 

PUBLIC COMMENTS

Tammy Duby, 415 E. Patrick Road, commented on traffic concerns at the corner of E. Patrick Road and Bayliss Street and presented a petition from neighbors requesting the installation of a traffic signal at the corner.

 

Report on New Liquor License Criteria

Jack Duso, Assistant City Manager, presented a report on the new liquor license criteria.  After Council discussion, the process timeline presented at the December 3, 2001, meeting was revised.  The date for City Council determination of evaluation criteria was changed from January 14, 2002 to December 17, 2001.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council previously directed the City Manager to solicit input from interested parties on evaluation criteria for the award of a new Class C Liquor License in the City of Midland; and

WHEREAS, a report and timeline for the award of a new Class C Liquor License was presented to the City Council on Monday, December 3, 2001, which included suggested evaluation criteria submitted by interested parties; now therefore

RESOLVED, that after having considered the responses submitted by interested parties, the City Council does not wish to add criteria to those included in the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises and hereby affirms its intent to use the evaluation criteria contained in said Policy; and

RESOLVED FURTHER, that the timeline included in the December 3, 2001 report is hereby approved with a revision to recognize the City Council’s determination of evaluation criteria on December 17, 2001.  (Motion adopted.)

 

Petition for Water Main on West Wackerly Street

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

 

RESOLVED, that the attached petition received from Marlin Management for the installation of a water main on Wackerly Street from Stark Road to the East 1/8 Line of Section 2, T. 14 N., R. 1 E., is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2002 Construction Program.  (Motion adopted.)

 

Joint Building Authority Financial Report

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

 

RESOLVED, that the Annual Financial Statement and Auditor’s Report of the City and County of Midland Joint Building Authority for the year ended June 30, 2001 is hereby received and ordered filed for public examination.  (Motion adopted.)

 

Gift of Hangar from Dean F. Johnston

Brian McManus, City Engineer, presented information on the proposed airport hangar gift from Dean Johnston.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that the City of Midland hereby accepts a gift of the existing airplane hangar located on Commercial Parcel Number 2 at Barstow Municipal Airport from Dean F. Johnston and directs the City Attorney and City Manager to prepare appropriate documents for transfer of ownership.  (Motion adopted.)

 

MDOT Contract No. 01-5405 for Resurfacing Parts of M-20 & US-10BR

Brian McManus, City Engineer, presented information on proposed Michigan Department of Transportation contract for resurfacing parts of M-20 and US-10BR.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, a proposed Contract No. 01-5405 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the resurfacing of M-20 (Jerome Street) from Main Street to Buttles Street, US-10BR (Eastman Avenue) from Norwood Drive to Saginaw Road and M-20 & US-10BR (Eastman Avenue, Buttles Street, Lyon Street, Patrick Road and Indian Street) from Bookness Street to Washington Street; and

WHEREAS, the proposed shares of cost for the project are $1,453,900 from Federal Aid, $286,200 from Michigan Department of Transportation and $40,000 from the City of Midland in accordance with the provisions of Act 51 representing 11.25% of the balance of the road reconstruction cost of the project after Federal Aid participation; and

WHEREAS, funding for the City of Midland share will be provided by the Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said streets resurfaced; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 01-5405 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 


Purchase – Concrete & Related Materials

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Allied Concrete Products, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their December 4, 2001 response to our Bid No. 2549 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, the Director of Public Services may decide to make purchases from the alternate vendor, Fisher Sand & Gravel, Inc. of Midland, Michigan in accordance with their bid of December 4, 2001.  (Motion adopted.)

 

Purchase – Liquid Calcium Chloride

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing approximately 15,000 gallons of 30% liquid calcium chloride and approximately 60,000 gallons of 38% liquid calcium chloride for a one year period; and

WHEREAS, sufficient funding for the purchase of these materials, which are used for snow, ice and dust control, have been provided in various Local Street Fund and Major Street Fund budgets and the total amount of purchases will not exceed the funding available; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Liquid Calcium Chloride Sales, Inc. of Kawkawlin, Michigan of $0.218 per gallon for furnishing the 30% liquid calcium chloride and $0.297 per gallon for furnishing the 38% liquid calcium chloride, both from the Bay City terminal, is hereby accepted; and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and City specifications.  (Motion adopted.)

 

Purchase – Crushed Limestone & Recycled Concrete Pavement

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for crushed limestone and recycled concrete pavement; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the sealed proposal yielding the lowest cost to the city after adjusting for travel cost, submitted by Briggs Contracting of Sanford, Michigan, for furnishing and loading onto city trucks 22A crushed limestone at a unit cost of $8.75 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting city specifications submitted by Briggs Contracting of Sanford, Michigan for furnishing and loading onto city trucks recycled concrete at $5.75 per ton, and furnishing and delivering recycled concrete at the unit price of $7.00 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting city specifications submitted by Bay Aggregate, Inc. of Bay City, Michigan for furnishing and delivering 22A crushed limestone at the unit cost of $8.50 per ton is hereby accepted and purchase orders authorized.  (Motion adopted.)

 

Proposed Date for Joint Meeting with Parks & Recreation Commission

A joint special meeting with the Parks and Recreation Commission was set for January 28, 2002, at 6:00 p.m. to discuss a philosophy for 2002 recreation fees.

 

Closed Session – Pending Litigation

Mayor Black, a partner of the firm 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 #8, calling for a closed session 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 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 a Roll Call Vote.  Yeas:  Currie, Griggs, McKeag, Wazbinski   Nays:  None   Abstained:  Black)

 

Being no further business the meeting adjourned to a closed session at 7:47 p.m.

 

 

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            Sandy Marshall, Deputy City Clerk