March 24, 2003

 

A regular meeting of the City Council was held on Monday, March 24, 2003, 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 March 10, 2003 regular meeting was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

25th ANNIVERSARY OF THE MATRIX:MIDLAND FESTIVAL

Selina Tisdale, Community Relations Coordinator, introduced Junia Doan, Matrix Board Member and Matrix Programming Committee Co-Chair.  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 recognizing the Matrix:Midland Festival upon its 25th Anniversary.  (Motion adopted.)  Mayor Black presented Junia Doan with the proclamation recognizing the 25th Anniversary of the Matrix:Midland Festival.  Junia Doan spoke on the Matrix:Midland Festival and the events scheduled for this year. 

 

2002 POLICE OFFICER OF THE YEAR AWARD

James St. Louis, Chief of Police, introduced Sally Schmidt as the 2002 recipient of the Esther and Carl Gerstacker Law Enforcement Officer of the Year Award.  Mayor Black presented a plaque to Officer Schmidt and congratulated her on achieving excellence in public safety.

 

2002 MACP AWARD FOR EXCELLENCE IN TRAFFIC SAFETY

James St. Louis, Chief of Police, presented information on the 2002 Michigan Association of Chiefs of Police Award in Excellence in Traffic Safety presented to the Midland Police Department and introduced Police Lieutenant Gerald Ladwig, Director of the Traffic Safety Team.  Lieutenant Ladwig presented information on the Midland Police Department traffic safety initiatives and programs that were recognized by the MACP and thanked the City Council for their support of the traffic safety program.

 

PUBLIC COMMENTS

Thomas Neuenfeldt, 2747 E. Siebert Road, spoke on the lack of accountability in all levels of government and against the building of a new ice arena and county jail.

 

FIVE YEAR COMPREHENSIVE SEWER REPORT

Noel Bush, Director of Utilities, presented an overview of the Five-Year Comprehensive Sewer Report.  Stephen Graham, 3567 Oakbrook Drive, suggested the City request to submit a Flow Monitoring Study to the Michigan Department of Environmental Quality forty-five days after a significant rainfall event instead of continually asking for another one-year extension due to the lack of significant wet weather to generate meaningful data.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, Section 28-130 of the Code of Ordinances requires a Five-Year Comprehensive Sewer Report be submitted to the City Council at the regularly scheduled City Council meeting immediately prior to the due date of the City’s National Pollution Discharge Elimination System (NPDES) Permit renewal application; and

WHEREAS, the City’s NPDES Permit renewal application must be submitted to the Michigan Department of Environmental Quality on April 1, 2003; and

WHEREAS, in accord with Section 28-130 of the Code of Ordinances, the Five-Year Comprehensive Sewer Report must be submitted to the City Council at the March 24, 2003 regular meeting of the City Council; now therefore

RESOLVED, that the first Five-Year Comprehensive Sewer Report dated March 21, 2003 is hereby received and ordered placed on file in the Office of the City Clerk and at the Grace A. Dow Memorial Library.  (Motion adopted.)

 

MIDLAND SOCCER CLUB – CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from Midland Soccer Club of the City of Midland, county of           Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion adopted.)                                            .

 

CONCEPTUAL APPROVAL FOR TRAIL FROM TRIDGE TO NATURE CENTER

Martin McGuire, Director of Public Services, presented information on a proposed paved trail from the Tridge to the Chippewa Nature Center.  Dick Touvell and Steve Kin of the Chippewa Nature Center presented additional information on the proposed 3.5-mile paved trail.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, officials of the Chippewa Nature Center have proposed developing a paved trail, extending from the Tridge to the Chippewa Nature Center, a portion of which will be on City property; and

WHEREAS, the City has been requested to grant conceptual approval to the project and to commit to maintaining the portion of the trail that is within the City; and

WHEREAS, the Parks and Recreation Commission, at their meeting of February 11, 2003, recommended unanimously that the request be granted; now therefore

RESOLVED, that the City Council hereby gives conceptual approval for a paved trail to be constructed at no capital cost to the City, from the Tridge to the Chippewa Nature Center; and

RESOLVED FURTHER, that the City commits to providing maintenance services on the portion of the trail that is within the City.  (Motion adopted.)

 

2002 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP ANNUAL REPORT

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2002 Annual Report, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

CONTRACTED LEGAL SERVICE – INTERVENTION IN THE LAWSUIT AGAINST MDEQ

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

 

WHEREAS, on December 16, 2002 the City Council authorized and directed the City Attorney to take the necessary steps to file a petition for the City of Midland to intervene in the lawsuit filed against the Michigan Department of Environmental Quality (MDEQ) on the matter of the Corrective Action Consent Order between the MDEQ and The Dow Chemical Company; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been retained in assisting the City of Midland in its intervention of said lawsuit; now therefore

RESOLVED, the above-referenced 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

RESOLVED FURTHER, that authorization for payment to the law firms of Miller, Canfield, Paddock & Stone for their assistance in connection with the aforementioned lawsuit is hereby authorized in an amount not to exceed $25,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $25,000 within the 2002-2003 General Fund budget from the Reserve for Contingencies account to the Legal Fees account.  (Motion adopted.)

 

BAYANET INTERLOCAL AGREEMENT

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

 

WHEREAS, the City of Midland is one of the founding and participating members in the Bay Area Narcotics Enforcement Team (BAYANET) and is desirous of maintaining its membership in association with other participating entities of BAYANET; and

WHEREAS, the City of Midland, through the City of Midland Police Department, accepts the premise of a cooperative concept that joint efforts, cooperation and communications with other law enforcement entities are the most effective means of investigation and interdiction of controlled substances in central Michigan; and

WHEREAS, the participating agencies of the Bay Area Narcotics Enforcement Team have adopted an interlocal agreement pursuant to the Urban Cooperation Act of 1967 to codify the rights, privileges, and responsibilities of the participating law enforcement agencies for the operation of BAYANET; and

WHEREAS, the attached interlocal agreement has been approved by the Department of State Police and the Office of the Attorney General for the structure and administration of BAYANET; now therefore

RESOLVED, that the City Council hereby approves the BAYANET Interlocal Agreement; and

RESOLVED FURTHER, that the Mayor is authorized to execute the Agreement.  (Motion adopted.)

 

WALL COVERING & TRIM PAINTING – WASHINGTON WOODS

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

 

WHEREAS, sealed proposals (Bid No. 2653) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Wall Covering and Trim Painting; and

WHEREAS, funding is provided by the Washington Woods Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Bud Percha Painting, Inc. of
Mt. Pleasant, Michigan for the indicated amount of $25,642.00, is hereby accepted and a purchase order authorized.  (Motion adopted.)

 

TELEPHONE SYSTEM – WASHINGTON WOODS

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

 

WHEREAS, an earlier replacement telephone system at Washington Woods senior housing has proved unsatisfactory; and

WHEREAS, the City has received a proposal from North American Communications, Inc. to extend the current City telephone system, which is compatible with other City facilities, to Washington Woods; and

WHEREAS, funding for this purpose is available in the 2002-03 budget of the Washington Woods Fund; now therefore

RESOLVED, that the City Council hereby waives sealed bids as unnecessary in accordance with Section 2-18 of the Code of Ordinances and authorizes the Purchasing Agent to issue a purchase order in the amount of $28,166.45 to North American Communications Resource, Inc. for the purchase and installation of a phone system for Washington Woods.  (Motion adopted.)

 

TELEPHONE SYSTEM – MUNICIPAL SERVICE CENTER

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

 

WHEREAS, on Sept. 23, 2002 City Council amended the budget to recognize unanticipated expense of a new telephone system; and

WHEREAS, the Information Services staff has studied options to insure that the technology implemented at the Service Center is compatible with that in the rest of the organization; and

WHEREAS, the City participates in a cooperative, the Michigan Collegiate Technology Association (MiCTA), to gain favorable technology pricing; and

WHEREAS, MiCTA has identified North American Communication as the preferred vendor; and

WHEREAS, North American Communication has submitted a proposal of $56,681.75; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a Purchase Order in the amount of $56,681.75 to North American Communications for the purchase of a telephone system for the Municipal Service Center.  (Motion adopted.)

 

NORTHWEST COMMERCIAL AREA TRAFFIC STUDY

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

 

WHEREAS, the City staff has determined a need for professional traffic engineering services in the City’s northwest commercial area bound primarily by Wackerly Street north to Letts Road and by Sturgeon Avenue east to Midfield Lane; and

WHEREAS, the traffic study is needed based on existing and future traffic control concerns created by current development and a high potential for future development; and

WHEREAS, a proposal was received from Reid, Cool, Michalski, Inc. in the amount of $34,000; and

WHEREAS, funding for said project is available from the Major Street Fund; and

WHEREAS, requested funding in the FY 2003/2004 budget for this service shall be removed; now therefore

RESOLVED, that the proposal received from Reid, Cool, Michalski, Inc. of Farmington Hills, Michigan, with an estimated total cost of $34,000, is hereby accepted in accordance with Section 2-19 of the Code of Ordinances, and the Purchasing Agent is authorized to issue a purchase order for said services; 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.)

 

2002 SURFACE TREATMENT PROGRAM; CONTRACT NO. 4

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 surface treatment of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the low sealed proposal submitted by Pavement Maintenance Systems, Inc. of Imlay City, Michigan, for the "2003 Surface Treatment Program; Contract No. 4", in the indicated amount of $208,167.75, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore 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 not to exceed $20,000.  (Motion adopted.) 

 

2003 COUNTRYSIDE & GREEN SANITARY SEWER PROJECT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer in certain streets in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said streets being:

          COUNTRYSIDE DRIVE       from Green Road to Dublin Avenue

          GREEN ROAD                  from Countryside Drive to 400 feet south

;and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewers, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

      COUNTRYSIDE DRIVE           from Green Road to Dublin Avenue

      GREEN ROAD                         from Countryside Drive to 400 feet south

Beginning at the East ¼ Corner of Section 12, T. 14 N., R. 1 E., City of Midland, Michigan; thence South 213 feet, along the East Section Line; thence West 212.21 feet; thence South 117 feet; thence West, parallel to and 330 feet Southerly from the East-West ¼ Line, to a point 330 feet Easterly from the West 1/8 Line; thence South 87 feet, parallel to the West 1/8 Line; thence West 747 feet, parallel to the East-West ¼ Line; thence North 417 feet, parallel to the West 1/8 Line, to the East-West ¼ Line; thence East 52 feet, along the East-West ¼ Line; thence North 240 feet, parallel to the West 1/8 Line; thence East 365 feet, parallel to the East-West ¼ Line, to the West 1/8 Line; thence North 90 feet, along the West 1/8 Line; thence East, parallel to and 330 feet Northerly from the East-West ¼ Line, to a point 312 feet West from the North-South ¼ Line; thence South 122 feet; thence East 312 feet, to the North-South ¼ Line; thence North 122 feet, along the North-South ¼ Line; thence East, parallel to and 330 feet Northerly from the East-West ¼ Line, to the East Section Line; thence South 330 feet, along the East Section Line, to the East ¼ Corner and the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing sanitary sewers, pumping station and force main and that the total estimated cost and expense thereof is seven hundred seventy thousand dollars ($770,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be four hundred ninety-eight thousand eight hundred one and 58/100 dollars ($498,801.58) and that all other costs and expenses of said improvement amounting to two hundred seventy-one thousand one hundred ninety-eight and 42/100 dollars ($271,198.42) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, April 14, 2003 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

Being no further business the meeting adjourned at 8:17 p.m.

 

 

______________________________________

            Sandy Marshall, Deputy City Clerk