July 21, 2003

 

A regular meeting of the City Council was held on Monday, July 21, 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

Council members absent:

Marty Wazbinski (excused)

 

STUDENT DELEGATION TO HANDA, JAPAN

Roger Gohrband, Chair of Midland’s Sister City Committee, welcomed and introduced three students that were selected to represent the City of Midland in Handa, Japan.  The three students, Aubrey McCullen, a junior at Midland High School, Sarah Reel, a sophomore at Dow High School and Sean Smith, also a sophomore at Dow High School, will be traveling to Handa, Japan this week and living with families in Handa for the next three weeks.

 

MINUTES

Approval of the minutes of the July 14, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

PROMOTING ACTIVE COMMUNITIES AWARD

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, introduced Ms. Lisa Treiber from the Michigan State University Extension Office.  Ms. Treiber presented a plaque to Mayor Black recognizing the City’s efforts in promoting active participation in activities.  The award called “Promoting Active Communities” is sponsored by the Governor’s Council on Physical Fitness, Health and Sports and the Michigan Department of Community Health.

 

PUBLIC COMMENTS

No comments were made.

 

MIDLAND GUN AND KNIFE SHOW

James Branson, City Attorney, presented information on a request from the Midland County Sportsman’s Club to hold the annual Gun and Knife Show at the Midland Civic Arena.  Ted Stockich and Michael Laursen, both representing the Midland County Sportsman’s Club, requested that Council consider the usage of the Civic Arena to hold the Annual Gun and Knife Show.  They indicated the Club was willing to work out the parking issues associated with this event.  Donald Hall, 4008 Pfeiffer Court and Thomas Wright, 3712 Robinhood Terrace, spoke in support of the Gun and Knife Show.  Jack Pulley, 2302 Cranbrook, indicated the Club was willing to work out solutions to the parking problem.  Jane Watkins, Secretary/Treasurer for Fast Ice, requested that Fast Ice be included in any discussions held with the Sportsman’s Club regarding the Civic Arena.  George Widiger, 116 Harris, lives one block away from the Civic Arena, indicated the gun show does create parking problems for the residents in the surrounding area.  Mr. Widiger suggested use of the fair grounds as a possible solution.  The following resolution was offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, City Council has received a request from the Midland County Sportsman’s Club to conduct a Gun and Knife Show at the Midland Civic Arena in 2004-05; now therefore

RESOLVED, that City Council directs the City Administration to meet with the representatives of the Midland County Sportsman’s Club to discuss their request.  (Motion adopted.)

 

ICE CREAM VENDORS – INSURANCE COVERAGE

Jack Duso, Assistant City Manager, presented information regarding licensing of ice cream vendors in the City of Midland.  Staff recommended that for 2003 only the insurance coverage limit for ice cream vendors be at $500,000 per occurrence and $1,000,000 aggregate and that staff prepare a recommendation on general liability requirements for 2004.  Ben James, 3860 Shorkey Drive, Beaverton, Michigan, a driver for Afternoon Delights Ice Cream Company, expressed a desire to work within the park system.  The proposed resolution prohibits vending in Emerson Park, St. Charles Softball Complex or any park in which a special event is taking place.  Jack Duso, Assistant City Manager, stated the Director of Public Services has the authority to grant vendors exclusive use of Emerson Park, the St. Charles Softball Complex or any park in which a special event is taking place.  A contractual agreement would have to be in place to allow Mr. James to sell his goods within these parks.  The following resolution was offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council, at its July 14 meeting, directed the City staff to research the recommended liability insurance coverage to be maintained by vendors in the public right of way; and

WHEREAS, the Staff has presented its report; and

WHEREAS, it appears that the coverage required for various events in the public right of way has not been set at a consistent level; now therefore

RESOLVED, that the City Council hereby directs the Staff to set the insurance coverage limit for ice cream vendors for 2003 at $500,000 per occurrence and $1,000,000 aggregate; and

RESOLVED FURTHER, that the request of Ben James to sell ice cream in the public rights of way is hereby approved subject to the following conditions:

Obtain liability insurance with a minimum coverage of $500,000 per occurrence, $1,000,000 aggregate, with the City of Midland named as certificate holder and additional insured.  A copy of the insurance certificate must be submitted to the City Manager’s Office prior to conducting any sales in the public rights of way; and

RESOLVED FURTHER, that the Staff is directed to prepare a recommendation on the appropriate level of general liability insurance for all types of activities conducted on City property and in rights of way for the purpose of establishing a consistent policy on general liability insurance for 2004; and

RESOLVED FURTHER, that the Staff is directed to make a recommendation concerning the desirability of undertaking background investigations of public vendors.  (Motion adopted.)

 

SITE PLAN NO. 228 – BOULDER CREEK CONDOMINIUMS

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on Site Plan No. 228 for Boulder Creek Condominiums.  Richard Fosgitt, 5906 Woodview Pass, from Bartow & King Engineering, and engineer for the project, spoke in support of the Boulder Creek Condominiums site plan.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 228, for a fifteen-unit single-family condominium project on the west side of Perrine Road south of the Letts Road intersection on 6.5 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 228 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. 228, contingent upon the following:

1.         An easement for the water system shall be provided.

2.         Site lighting shall be identified and will not cast illumination off site.

3.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

4.         The temporary access identified on the site plan shall:

·         Be 20’ wide.

·         Be capable of supporting a 60,000 lb. vehicle.

·         Have a minimum clearance height of 13’.

·         Be maintained and passable year-round.

·         Remain in place until both the north and south private street connections are in place.

5.         Deeding seven feet of property along Perrine Road.

6.         Recording of a master deed for the development.

(Motion adopted.)

 

EASEMENT AGREEMENT – PUMP STATION ON COUNTRYSIDE DRIVE

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

 

RESOLVED, that the attached Easement Agreement from SBI Limited Partnership to the City of Midland, for the installation of a new sanitary sewer pump station on the south side of Countryside Drive in Section 12, T. 14 N., R. 1 E., City of Midland, Michigan, is hereby accepted and that the easement is ordered recorded.  (Motion adopted.)

 

EXTENSION OF BENEFITS FOR FEDERALIZED EMPLOYEE

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

 

WHEREAS, two full-time City employees participating in the National Guard were federalized in February 2003 and one employee is still deployed; and

WHEREAS, staff was authorized by Council to negotiate letters of agreement with the appropriate bargaining units to extend health benefits and compensate the difference between City and military pay for full-time federalized employees for a six month period ending July 31, 2003; and

WHEREAS, City Council approval is required to extend benefits and compensation for an additional six months; now therefore

RESOLVED, that staff is authorized to extend health benefits and compensation to the remaining deployed employee for an additional six months, with City Council review and approval should the employee be deployed beyond February 1, 2004.  (Motion adopted.)

 

ADVANCE DEPOSIT REIMBURSEMENT – SOMERSET PINES SITE CONDOMINIUM

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

 

WHEREAS, property owner Gary Bartow requested that an advance payment district be established in accord with Section 20-52 of the City's Code of Ordinances for the installation of a water main on Dublin Avenue from Airport Road to 1,500 feet north; and

WHEREAS, if a property owner requests that an improvement be initiated, but the funding is not approved to be budgeted, one hundred (100%) percent of the total estimated cost and expense of such improvement shall be deposited with the City Treasurer by the requesting property owner; and 

WHEREAS, on May 21, 2001 Council acknowledged receipt of an $80,000 deposit from Mr. Bartow, covering one hundred (100%) percent of the total estimated cost and expense of the Dublin water main installation; and 

WHEREAS, the total actual cost for the completed water main project was $74,260.72, and as Mr. Bartow deposited $80,000.00 to cover the cost of the project, the City reimbursed the difference of $5,739.28 on March 14, 2002, leaving the remaining balance of the advance financing deposit equal to the amount of the project cost of $74,260.72; and

WHEREAS, as there remains a special assessment on the property owned by Mr. Bartow in the amount of $5,685.60, the balance to be reimbursed is now $68,575.12 ($74,260.72 less $5,685.60); now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to reimburse the amount of $68,575.12 to Gary Bartow.  (Motion adopted.)

 

STORAGE BASIN PROJECT CHANGE ORDERS #4 & #5

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

 

WHEREAS, the City of Midland entered into an Administrative Consent Order September 1, 1999 with the Michigan Department of Environmental Quality to construct a 43.5 million gallon storage basin; and

WHEREAS, in November 2001 a contract with Fisher Contracting Company of Midland, Michigan was executed by the Mayor and City Clerk for the construction of the storage basin; and

WHEREAS, on July 22, 2002 Change Order No. 1, consisting of modifications to the basin inlet/outlet structure, installation of fencing, and the purchase, transport, and placing of 13,500 cubic yards of topsoil to satisfy an MDEQ requirement was approved by City Council in the amount of $82,901.48; and

WHEREAS, on August 12, 2002 Change Order No. 2 was approved by City Council, in the amount of $20,000.00, to lessen the visual impact to properties adjacent to the berm and to better control stormwater run-off from the exterior of the berm; and

WHEREAS, on August 26, 2002 Change Order No. 3 was approved by City Council, in the amount of $5,500.00, for the installation of approximately 2,800 lineal feet of 6-inch diameter perforated underdrain, to allow for the basin floor to properly drain; and

WHEREAS, a change in work has been requested by the City that will result in deductions from the contract totaling $123,349.00 due to contract allowances that were not required and minor equipment determined by utilities staff as unnecessary; and

WHEREAS, a change in work has been requested by the contractor that will increase the contract by $5,231.00 due to existing conditions not reflecting the as-built drawings for the WWTP, resulting in additional time and material work related to the installation of a dewatering valve; and

WHEREAS, the changes in work requested herein, if approved, will result in a net deduction of $109,201.71; now therefore

RESOLVED, that the City Manager is authorized to execute said change orders, thereby decreasing the total amount of the contract and the associated purchase order to $3,893,199.77; 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 $5,000.  (Motion adopted.)

 

LANDFILL CELL 15 CONSTRUCTION - ADDENDUM #2

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

 

WHEREAS, on August 12, 2002 the City entered into a contract with Fisher Contracting Co. of Midland, Michigan to construct Cell 15 at the Landfill, to be completed by November 8, 2002, at a cost of $1,907,565.08; and

WHEREAS, a delay in material delivery was going to push the project into January 2003, the Michigan Department of Environmental Quality (MDEQ) expressed concerns about the liner installation quality control during cold weather, and upon determination that Cell 14  would provide up to 18 months of fill space,  approved a new fill plan; and

WHEREAS, addendum #1 was approved by Council on September 23, 2002 reflecting the change of the Landfill Cell 15 construction completion date to June 30, 2003 and contract reduction of $20,000, bringing the total contract amount to $1,887,565.08; and

WHEREAS, the construction start date this spring was delayed, in part, from weather conditions, and due to design permit modifications to the permitted area (Cells 15 – 19) that were approved by MDEQ in May of this year, that raised the floor elevation, which in turn will make the vertical walls of these cells steeper to accommodate for lost floor space; and

WHEREAS, a recent MDEQ policy change regarding the installation method of the geosynthetic liner will cause an estimated increase in cost of $227,000 and further delay of the project completion date a minimum of 30 working days; and

WHEREAS, funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects for this change order; now therefore 

RESOLVED, that Addendum #2 is approved reflecting said changes to the Landfill Cell 15 Construction contract.  (Motion adopted.)

 

PURCHASE – WATER METERS

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

 

WHEREAS, the City standardized water meters in 1987, selecting Invensys Metering Systems (formerly Sensus Technologies) through competitive bid, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, sealed bids for Invensys water meters and accessories, Bid 2686, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances for the purchase of Invensys water meters and accessories; and

WHEREAS, the bid submitted by SLC Meter Service does not comply with the bid specifications requiring the meters to be Invensys SR positive displacement cold water meters and therefore, is rejected; and

WHEREAS, funding for meters and accessories is provided through Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that the only compliant bid submitted by Etna Supply Company of Grand Rapids, Michigan, for the indicated prices, is accepted and a purchase order is hereby authorized in an amount not to exceed $110,000 for purchases of meters and accessories for fiscal 2003/04.  (Motion adopted.)

 

GEORGE STREET BASIN STORM SEWER SYSTEM IMPROVEMENT – DESIGN ENGINEERING SERVICES

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

 

WHEREAS, a proposal has been received from Hubbell, Roth, and Clark for professional engineering services related to the George Street Basin Storm Sewer System improvement program at a cost not to exceed $89,440; 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 George Street Basin Storm Sewer System Improvement project and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from Hubbell, Roth, and Clark, Inc. of Bloomfield Hills, Michigan, with an estimated cost not to exceed $89,440 is hereby accepted and that the Mayor and City Clerk are authorized to execute the attached agreement which has been approved by the City Attorney and authorize the Purchasing Agent to issue a purchase order.  (Motion adopted.)

 

IFT APPLICATION – DOW AGROSCIENCES

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

 

RESOLVED, that an application dated July 8, 2003 was received July 8, 2003 from Dow Agrosciences, LLC with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to new facilities for building improvements, machinery and equipment with the facility intended to provide for modification and expansion of the 680 and 1028 Buildings at Michigan Operations for the production of Penoxsulam in the amount of $17,000,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, August 25, 2003, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

SPIRIT CHALLENGE BIKE & HANDCYCLE TOUR

Jack Duso, Assistant City Manager, presented information on a request from Saint Mary’s Field Neurosciences Institute to conduct the Spirit Challenge Bike & Handcycle Tour on the Rail Trail on Saturday, September 6, 2003, from 8:00 a.m. to 1:00 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the request from Saint Mary’s Field Neurosciences Institute to conduct the Spirit Challenge Bike & Handcycle Tour utilizing the Rail Trail on Saturday, September 6, 2003, from 8:00 a.m. – 1:00 p.m. is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion adopted.)

 

Being no further business the meeting adjourned at 8:46 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk