June 24, 2002

 

A regular meeting of the City Council was held on Monday, June 24, 2002, 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:

Daryl Griggs (excused)

 

Minutes

Approval of the minutes of the June 10, 2002 regular meeting was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

MBS International Airport Business Alliance Campaign Presentation

Betty Owen, MBS Airport Manager, presented information on the MBS International Airport Business Alliance Campaign.  Businesses joining the Alliance pledge their support of MBS Airport by committing to originate all of their air travel from MBS.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the Mayor is hereby authorized to sign the attached MBS Business Alliance resolution pledging the City of Midland’s commitment to originate all domestic and international business travel from MBS and to make known that MBS is the City of Midland’s first choice for flying.  (Motion adopted.)

 

Barstow Airport Advisory Commission Terminal Building Report

Brian McManus, City Engineer and Stuart Bergstein, from the Airport Advisory Commission, presented the Jack Barstow Airport Advisory Commission Terminal Building Report and requested Council approve a further study that would include preparation of a detailed report with costs and financing options for renovation or replacement of the Jack Barstow terminal building.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, a report has been received from the Barstow Airport Advisory Commission indicating the desire to renovate or replace the airport’s terminal building; now therefore

RESOLVED, that the City Council accepts the Airport Commission report and authorizes the Airport Commission to pursue further study to develop upgrade alternatives and cost estimates with financing options.  (Motion adopted.)

 

2001/02 Library Board Annual Report

Melissa Barnard, Library Director and Cherie Hutter, Chair of the Grace A. Dow Library Board, presented the Library Board’s Annual Report.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2001/2002 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2001/2002 Annual Report of the Grace A. Dow Memorial Library Board be accepted.  (Motion adopted.)

 

Mayor Black discussed the issue of extending terms for two current Cable Access Advisory Commission members until their replacements are appointed.  Council agreed to the extension.  The terms of Coleen Fulks and Chuck Hepenstal, members of the Cable Access Advisory Commission, were extended through September 2002.

 

PUBLIC COMMENTS

Coleen Fulks, 2705 Whitewood, speaking on her behalf, opposed the cancellation of the “Focus” program and stated the Cable Access Advisory Commission expected that all governmental programming would be moved to the MGTV 5 Channel.  Mayor Black indicated a decision had been made not to use MCTV staff to produce any shows on Channel 3, so the “Focus” program produced by MCTV staff was removed.

 

Sewer Ordinance

Noel Bush, Director of Utilities, presented information on the adoption of an amendment to Section 28-163, Division 3 – Sewer Rates.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1539

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 Rates, of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

ARTICLE III. SEWERS AND SEWAGE DISPOSAL

DIVISION 3. GENERALLY

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

 

Proposed

Metered Service

Amount

     5/8" – 3/4"

 $29.62

1"

 38.51

1 ˝"

 47.39

2"

 77.01

3"

 296.20

4"

 385.06

6"

 562.78

8"

 799.74

 (2) In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:    $1.28

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.  All ordinances and resolutions, or parts of ordinances and resolutions, which conflict with this ordinance, are hereby repealed to the extent of such conflict; provided, however, that this section shall not operate to repeal any provision or any prior ordinance or resolution adopted by the City, the repeal of which would impair the obligation of the City or the System with regard to any outstanding bonds of the City secured by a lien on the net revenues of the System.

Section 3.  Each section of this Ordinance, and every paragraph of each section is hereby declared to be separable and the holding of any section or paragraph thereof to be void, ineffective or unconstitutional for any cause shall not affect any other section or part thereof.

Section 4.    This ordinance shall take effect July 1, 2002.  (Ordinance adopted.)


Meadowbrook Drive Property with Encroachments on City Property

Jon Lynch, Director of Planning and Community Development, presented information on an existing encroachment on City park property at 818 W. Meadowbrook Drive.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, Donna M. Roberts, owner of real property located at 818 West Meadowbrook Drive, intends to sell this property; and

WHEREAS, in 1970 the City of Midland issued a building permit for the construction of an in-ground swimming pool at this location to within ten feet of the existing house; and

WHEREAS, a mortgage survey completed in 1985 indicates that the swimming pool encroaches on City park property by three feet and the accompanying security fencing encroaches on City park property by five feet at the northwest corner of the fence and by fourteen feet at the southwest corner of the fence; now therefore

RESOLVED, that these encroachments may continue in their present configuration as identified on a Mortgage Inspection Report completed by Ledy Engineering & Surveying, PC on November 7, 1985 until such time as the City requires their removal or they are removed by the property owner, at such time this recognition of encroachment shall terminate; and

RESOLVED FURTHER, that this recognition of encroachments existing on the date hereof does not authorize the property owner to expand or enlarge the encroachment and that the property owner has no claims to City land; and

RESOLVED FURTHER, that any maintenance to private structures encroaching on City land are done at the owner’s risk in that the City reserves the right to require that encroaching structures be removed at any time and will assume no liabilities associated with encroaching structure; and

RESOLVED FURTHER, that the City Attorney is hereby directed to take actions necessary to record this resolution so that it will appear in the chain of title for 818 West Meadowbrook Drive.  (Motion adopted.)

 

Subrecipient Agreements for Award of CDBG Funds

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

 

WHEREAS, the 2002-03 Community Development Block Grant budget provides funds to the Reece Community Living Endeavor, the Salvation Army, West Midland Family Center, the Literacy Council, and Midland Area Homes for the purposes of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City.  (Motion adopted.)

 

Ashford Estates Subdivision – Sidewalk Time Extension

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

 

WHEREAS, a written request has been received from Michael Rapanos, Midland Building Company, proprietor of Ashford Estates Subdivision, to extend the period of time to complete sidewalk installation; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Ashford Estates Subdivision until June 26, 2003 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by July 17, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

City Forest Estates Subdivision – Sidewalk Time Extension

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

 

WHEREAS, a written request has been received from Roy Wise of Wiskin Development, Inc., proprietor of City Forest Estates Subdivision, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within City Forest Estates Subdivision until January 10, 2004 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by July 17, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

July 2002 Tax Levies

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2002 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

            1994 Street Improvement                                                       $    4,182.39

            1996 Street Improvement                                                             6,589.87

            1997 Street Improvement                                                           18,943.70

            1999 Street Improvement                                                             3,115.35

            2001 Street Improvement                                                             7,734.45   

                        Subtotal Street Improvement Rolls                             $  40,565.76

Sanitary Sewer Improvement Rolls

            1994 Sanitary Sewer Improvement                                        $    3,326.07

            1996 Sanitary Sewer Improvement                                              3,471.62                            1997 Sanitary Sewer Improvement                                           20,980.72

            1998 Sanitary Sewer Improvement                                              3,089.14

            2001 Sanitary Sewer Improvement                                              4,109.33

                        Subtotal Sanitary Sewer Improvement Rolls              $  34,976.88

Water Main Improvement Rolls

            1995 Water Main Improvement                                              $    1,244.62

            1997 Water Main Improvement                                                    9,290.71

            1998 Water Main Improvement                                                  25,672.74

            1999 Water Main Improvement                                                    2,848.01

                        Subtotal Water Main Improvement Rolls                    $  39,056.08

Sidewalk Improvement Rolls

            1997 Sidewalk Improvement                                                         1,613.69

            1998 Sidewalk Improvement                                                         3,175.28  

            2000 Sidewalk Improvement                                                         1,746.36

            2001 Sidewalk Improvement                                                         2,196.74

                        Subtotal Sidewalk Improvement Rolls                        $     8,732.07

2001 Downtown Economic Revitalization Roll (SARA)                     $   36,021.93

Accounts Receivable Roll                                                                   $     6,820.85

TOTAL SPECIAL ASSESSMENT ROLL                                            $ 166,173.57

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2002 General Fund Tax Roll Accounts Receivable.  (Motion adopted.)

 

Traffic Control Order R-02-03

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

 

RESOLVED, that Traffic Control Order No. R-02-03 filed April 12, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That right turns on red shall be prohibited on southbound Swede Avenue at Eastlawn Drive from 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 4:00 p.m. Monday through Friday.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order R-02-04

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

 

RESOLVED, that Traffic Control Order No. R-02-04 filed April 12, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That no left turn on red restriction on southbound Jefferson Avenue at Rodd Street be eliminated.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-02-04

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

 

RESOLVED, that Traffic Control Order No. P-02-04 filed April 12, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

               That parking shall be prohibited on the north side of E. Sugnet Road from Washington Street to E. St. Andrews Road Monday through Friday.  Recessed parking on the north side of E. Sugnet Road in this area shall remain unchanged.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-02-05

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

 

RESOLVED, that Traffic Control Order No. P-02-05 filed April 12, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on the west side of Hedgewood Drive from Universal Drive to 520 feet north.

is hereby made permanent.  (Motion adopted.)

 

2002 Lee Street Improvement; Contract No. 8

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the construction of street, sewer and water main improvements on Lee Street from Quincy Drive to Clay Street; and

WHEREAS, funding for this project is provided by the Water Fund, Wastewater Fund, Local Street Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Sova Excavating, Inc. of Midland, Michigan, for the "2002 Lee Street Improvement; Contract No. 8", in the indicated amount of $240,405.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

Mark Putnam Bridge Rehabilitation Construction Engineering Services

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

 

WHEREAS, the City of Midland awarded a contract for the rehabilitation of the Mark Putnam Bridge (Poseyville Road over the Tittabawassee River) to J. Slagter & Son Construction, Inc. on June 10, 2002; and

WHEREAS, bridge construction is a unique type of work and the Engineering Department does not have staff with recent bridge experience, which requires that we hire a consultant for construction engineering services of inspection and testing during completion of said project; and

WHEREAS, a proposal has been received from Ayres Associates, Inc., to conduct the construction engineering, inspection and testing for the completion of said bridge rehabilitation, at a cost not to exceed $152,000; and

WHEREAS, said services are hereby determined to be professional services, the purchase of which, in accord with Section 2-19 of the Midland Code of Ordinances, does not require sealed proposals; and

WHEREAS, funding for said project exists in the Major Street Fund and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from Ayres Associates, Inc. of Midland, Michigan, with an estimated cost not to exceed $152,000.00, is hereby accepted and that the City Manager is authorized to enter into an agreement with Ayres Associates for said services subject to approval by the City Attorney.  (Motion adopted.)

 

2002 US-10 BR/M-20 Shoulder Chip Sealing

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

 

WHEREAS, the Michigan Department of Transportation has agreed to reimburse the City of Midland for costs incurred for shoulder chip sealing on US-10BR / M-20 limited access highway between US-10 and Saginaw Road in an amount not to exceed $58,437.00 plus 8.5% project administration costs ($4,967.14); and

WHEREAS, M.D.O.T. advertised and received bid proposals on May 6, 2002 for said chip sealing; and

WHEREAS, the successful bidder is D & D Contracting, of Grawn, Michigan in the amount of $58,437.00; and

WHEREAS, Michigan Department of Transportation Form 426, Quotation Request for Services or Equipment, must be executed by both the contractor and the City of Midland prior to M.D.O.T. Administrative Board approval for this work; now therefore

RESOLVED, that the City accepts, conditional on acceptance by the other parties, a three-way agreement with D & D Contracting, the City of Midland, and MDOT for shoulder chip sealing on US10 BR/M-20 and the City Manager is hereby authorized to execute MDOT Form 426 on behalf of the City of Midland for the total amount of  $63,404.14 and issue a purchase order to

D & D Contracting in the amount of $58,437.00.  (Motion adopted.)

 

Partnership Agreement with Midland Public Schools for Building Maintenance

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

 

WHEREAS, the Midland Public Schools administration has requested a joint program with the City of Midland by having students in the Residential and Commercial Building Maintenance Classes practice maintenance at city facilities; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, the joint program will use city facilities as training sites; and

WHEREAS, the locations are Washington Woods, Riverside Place, the Civic Arena and the Midland Public School’s Building Trades House to be constructed jointly by the City and the Midland Public Schools; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City facilities, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the Mayor and the City Clerk are authorized to execute the Building Maintenance Program Agreement between the City of Midland and the Midland Public Schools for this purpose; and

RESOLVED FURTHER, that the City Manager is authorized to enter into substantially similar agreements with Midland Public Schools in the future.  (Motion adopted.)

 

Elevator Modernization – Washington Woods

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

 

WHEREAS, $75,000.00 has been budgeted in the 2001-02 Washington Woods Fund for the purpose of modernizing an elevator in the West Wing of Washington Woods; and

WHEREAS, Schindler Elevator Corporation of Saginaw, Michigan has submitted the low bid for the labor and materials to perform this work; now therefore

RESOLVED, that the Purchasing Agent be authorized to issue a purchase order in the amount of $64,414.00 to Schindler Elevator Corporation.  (Motion adopted.)

 

Purchase - Tractor with Scraper for Landfill

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

 

WHEREAS, in 1996 the City of Midland Sanitary Landfill completed a master plan outlining future expansion and development of six new engineered cells, with cell 14 being the first cell constructed and currently being filled; and

WHEREAS, the Landfill is regulated by the Michigan Department of Environmental Quality-Waste Management Division MDEQ-WMD and will require that the entire area of cell 14 to eventually have a 12-inch interim cover, and a final cover consisting of a two-foot layer of compacted clay material, a two-foot vegetative soil layer, and six inches of top soil, to be completed over a two to three year period; and

WHEREAS, landfill staff anticipated the immediate and near future clay hauling and spreading needs at the landfill and that these needs could be more cost effectively done in-house with equipment purchased instead of rented, and funds for said purchase were approved in the 2002-03 Sanitary Landfill budget; and

WHEREAS, the tractor most suitable for the Landfill needs, a John Deere 9520T track driven tractor, was included in the state-bid contract, which includes a 29% discount, at a bid amount of $165,000 from Heritage Equipment, of Clare, Michigan; and

WHEREAS, the largest scraper attachment on the market suitable for the needs of the landfill is a MISKIN SP-C24, and can be purchased from sole supplier Heritage Equipment at a quoted price of $63,000; and

WHEREAS, Utilities staff has reported that funds in the amount of $200,000 will be available July 1, 2002 in the 2002-03 Sanitary Landfill budget account 517-9120-912.97-25, while $28,000 is available now in Landfill account 517-9120-912.97-15, bringing the total funding available to $228,000; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed competitive proposals is hereby waived for the John Deere tractor, as it was part of the state-bid contract, and bids be waived for the purchase of the MISKIN scraper, as it can only be acquired through a sole source, and a purchase order to Heritage Equipment, of Clare, Michigan is authorized July 1, 2002 in an amount not to exceed $228,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $28,000 within the 2001-02 Sanitary Landfill budget, from account 517-9120-912.97-15, Land Improvements, to account 517-9120-912.97-25, Equipment.  (Motion adopted.)

 

Purchase – Ferric Chloride for Water & Wastewater

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

 

WHEREAS, the Water and Wastewater Treatment Plant's ferric chloride purchases awarded on May 21, 2001 to PVS Technologies of Detroit, Michigan contained a renewal clause allowing for up to two one-year price extensions; and

WHEREAS, the ferric chloride costs have remained stable, and both the City and vendor have mutually agreed to exercise the option to renew 2001 pricing; and

WHEREAS, the purchase consists of 500 tons of ferric chloride at a per ton price of $239.76 for a total of $119,880 from PVS Technologies, Inc.; and

WHEREAS, 2002-03 Fiscal Budget funds will be available on July 1, 2002 in Water Fund account #591-8162-811.76-56 and in Wastewater Fund account #590-8144-822.76-56; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and the City is authorized to accept the first of two one-year options to extend the previously bid price from PVS Technologies, Inc. of Detroit, Michigan; and

RESOLVED FURTHER, that purchase orders are authorized to PVS Technologies of Detroit, Michigan in an aggregate amount not to exceed $119,880; and

RESOLVED FURTHER, that the City Manager is hereby authorized to exercise the second and final one-year option to extend the bid pricing should it be advantageous to the City.  (Motion adopted.)

 

Closed Session

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

 

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 its attorneys 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.)

 

Being no further business the meeting adjourned to a closed session at 8:24 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk