A regular meeting of the City
Council was held on
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Council members present: |
Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
None |
Approval of the minutes of the
“TRICK-OR-TREAT FOR UNICEF” WEEK
Selina Tisdale, Community Relations Coordinator, introduced Mary Jane Ditzler, Chairperson, Midland Area UNICEF Committee. Ms. Ditzler, with four trick or treaters, gave a brief overview of the “Trick-or-Treat for UNICEF” program. 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 week of October
27 – November 3, 2003, as “Trick-or-Treat for UNICEF” Week in Midland. (Motion adopted.) Mayor Black presented Ms. Ditzler with the
proclamation designating the week of October 27th to
SANITARY LANDFILL RATE ORDINANCE
Noel Bush, Director of Utilities,
presented information on a first reading of an amendment to the City of
ORDINANCE NO.
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AN ORDINANCE TO
AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION
21-34 OF ARTICLE I OF CHAPTER 21 THEREOF.
The City of
Section 1. Section 21-34 of Article I of Chapter 21 of
the Code of Ordinances is hereby amended to read as follows:
Sec. 21-34. Sanitary landfill disposal fees.
(a) Landfill disposal fees. Before being
permitted to dispose of refuse, all vehicles seeking to discharge refuse at the
city's sanitary landfill shall present the proper identification to the
landfill attendant indicating that the refuse was generated within the City of
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Type of Refuse |
Disposal Fee |
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(1)* |
Refuse (except tires) delivered in a
passenger car, furnished camper, pickup, panel van, or trailer, RESIDENTIAL
ONLY |
$0.00 |
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* One load per month per address of three cubic yards or less of |
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(2) |
General refuse (per cubic yard) |
5.50 |
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(3) |
Construction and Demolition material; Foundry Sand (per cubic yard) |
10.00 |
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(4) |
Packer vehicles (per cubic yard) city/contractors |
8.50 |
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(5) |
Tires (per each): |
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Passenger car tire |
5.00 |
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Truck tire |
10.00 |
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Heavy equipment tire |
15.00 |
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(6) |
Yard waste (per cubic yard) |
3.00 |
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(7) |
Appliances (per each) |
7.00 |
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(8) |
Contaminated soil/asbestos (per cubic yard) |
12.00 |
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(9) |
Fee for sharps containers (per each) |
3.00 |
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(10) |
Wastewater and water sludges/street dirt
(per cubic yard) |
10.00 |
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(11) |
Bulk medical waste (includes compacted) |
10.00 |
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(12) |
Scrap metal (excludes appliances) |
3.00 |
(b) The disposal fees above shall be doubled for
refuse collected outside
(c) Landfill
disposal fee calculation. The landfill disposal fee is based upon the
generating location of the refuse, the type of material and the size of the
load, as determined by landfill personnel.
(d) Construction and Demolition material.
Construction and demolition material
are hereby defined as broken concrete, brick, masonry, pavement,
roofing, drywall, wood, paneling, used building materials and other materials
designated by the utilities director or his agent.
(e) Yard waste. Yard waste is hereby defined as grass clippings,
leaves, brush, garden waste, trees and branches smaller than 12 inches in
diameter and 8 feet long.
(f) Landfill
disposal fee billing administration. Regular landfill users with an account
in good standing shall be issued charge cards and shall be billed monthly for
their disposal fees. A penalty of two (2) percent of the bill, with a minimum
of five dollars ($5.00), shall be added to bills not paid to the city treasurer
within thirty (30) days of the date of the billing. Access to the landfill for
disposal shall be prohibited if the bill remains unpaid for more than sixty
(60) days of the date of billing. To
regain access to the landfill all outstanding invoices (including those less
than 60 days old) shall be paid in full.
Customers with an account not in good standing shall pay cash, certified
check or money order for each load.
Section 2. This ordinance shall take effect on the date
of publication. (Motion adopted. Considered first reading.)
SITE PLAN NO. 232
–
Mark Ostgarden, City Planner, presented information on Site Plan No.
232 for the Midland Baptist Church Parking Lot Expansion, located at
WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 232, for a parking lot expansion with a new street access on the southwest corner of Jefferson Avenue and Harper Lane on .64 acres; and
WHEREAS, the City Council has reviewed the proposed Site Plan No. 232 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. 232, contingent upon the following:
1. Storm
water retention plans are reviewed and approved by the City of Midland
Engineering Department.
2. Site
lighting will not cast illumination off site.
3. The
landscape screening shall comply with height and obscuration requirement at the
time of installation or planting.
(Motion adopted.)
NEW
Brian McManus, City Engineer, presented information on a proposal for a
new terminal building at
WHEREAS, a report
has been received from the Airport
WHEREAS, the
Airport Terminal Building Subcommittee has received tentative commitments for
donations in the amount of $435,000 to plan and construct the new terminal
building; now therefore
RESOLVED, that the
RESOLVED FURTHER,
that the
The following resolution was offered by Council Member Currie and
seconded by Council Member Wazbinski:
WHEREAS, Section 926 of Public Act 161 of 2003 provides up to $7 million for grants to cities, townships, and counties for the sole purpose of paying a portion of the cost for personal property audits; and
WHEREAS, application to compete for grant money provided by Section 926 of Public Act 161 of 2003 has been made and filed in a timely manner by the City of Midland’s Assessor’s office; and
WHEREAS, part of the application
review process requires approval from the local unit’s legislative body by
WHEREAS, receipt of grant funds
is contingent upon the execution of a grant agreement between the grantee (City
of
RESOLVED, that the City Council of the City of Midland finds and determines that it is in support of competing for grant money provided by Section 926 of Public Act 161 of 2003; and
RESOLVED FURTHER, that, if the City of Midland is successful in the competitive application process as provided for in Section 926 of Public Act 161 of 2003 and is determined to be an eligible grantee, the Mayor and City Clerk are hereby authorized to execute a grant agreement with the Michigan Department of Treasury. (Motion adopted.)
ACH &
ELECTRONIC TRANSACTION POLICY
The following resolution was offered by Council Member Currie and
seconded by Council Member Wazbinski:
WHEREAS, on December 30, 2002, the Governor
of the State of Michigan approved Act No. 738 of the Public Acts of 2002
authorizing the use of electronic transactions by designated officers of the
local government; and
WHEREAS, the act specifies that the
treasurer or electronic transactions officer (ETO) must present a written
Automated Clearing House (ACH) and Electronic Transactions policy to the
governing body for approval; now therefore
RESOLVED, that the Midland City Council does
hereby approve the City of Midland’s ACH and Electronic Transaction Policy in
compliance with Act 738 of 2002 as presented by the Midland City Treasurer. (Motion adopted.)
APPOINTMENT OF ELECTONIC TRANSACTION OFFICER
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
WHEREAS, on December 30, 2002, the Governor
of the State of Michigan approved Act No. 738 of the Public Acts of 2002
authorizing the use of electronic transactions by designated officers of the
local government; and
WHEREAS, the act specifies that the
governing body must authorize electronic transactions and the treasurer or
Electronic Transactions Officer (ETO) must present a written Automated Clearing
House (ACH) and Electronic Transactions policy to the governing body for
approval; and
WHEREAS,
Automated Clearing House (ACH) is defined as a national and governmental
organization that has the authority to process electronic payments, including,
but not limited to, the national automated clearing house association and the
federal reserve system; and
WHEREAS, Electronic Transactions Officer
(ETO) is defined as the person designated under the act by the governing body
to establish all ACH arrangements and guidelines for processing of Electronic
Transactions; and
WHEREAS, the City of Midland deems that it
is in the best interest of the city to make certain financial transactions by
using electronic transactions as described in the Act; now therefore
RESOLVED, that the City
RESOLVED FURTHER, that the designated ETO
shall be responsible for establishing all ACH arrangements for the local unit
and shall draft a written policy to be followed in accordance with the act and
presented to the governing body for approval.
(Motion adopted.)
TRAFFIC CONTROL ORDER D-03-04
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
RESOLVED, that Traffic Control Order No.
D-03-04 filed
That the traffic
signal control at the intersections of Waldo Avenue at Wheeler Street, East
Ashman Street, East Patrick Street, James Savage Road and Bay City Road shall
operate in “color” mode from 6:00 a.m. to 10:00 p.m. daily, 7 days per week.
is hereby made permanent. (Motion adopted.)
TRAFFIC CONTROL ORDER R-03-06
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
RESOLVED, that Traffic Control Order No. R-03-06 filed
That the speed limit on Sturgeon Avenue be
reduced to 25 m.p.h. for 385’
north of Valorie Lane and 485’ south of Valorie Lane on school days at the
following times:
1.
2.
3.
is hereby made permanent. (Motion
adopted.)
TRAFFIC CONTROL ORDER S-03-09
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
RESOLVED, that Traffic Control Order No. S-03-09 filed
That the “No Turn on Red” control on
southbound
is hereby made permanent. (Motion
adopted.)
“THREE FREE” FEE WAIVER FOR YARD WASTE COLLECTION
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
RESOLVED, that the “Three Free” fee waiver period for yard waste collection is hereby extended through the leaf collection program as provided for in Section 21-4c of the Code of Ordinances. (Motion adopted.)
SPRAYPARK AT
Martin McGuire, Director of Public Services,
presented information on an offer by the Rollin M. Gerstacker Foundation to
fund a spraypark to be located at
WHEREAS, The Rollin M. Gerstacker Foundation has offered to donate a spraypark to the City; and
WHEREAS, the Foundation has
identified the
WHEREAS, the most suitable
location in the
WHEREAS, the City has successfully partnered in the past to offer School/Park facilities; now therefore
RESOLVED, that the City Council
hereby accepts the offer of the Rollin M. Gerstacker Foundation to build a
spraypark at
RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute a School/Park partnership agreement as drafted by the City Attorney. (Motion adopted.)
GIFT FOR DOCK IMPROVEMENT NEAR THE TRIDGE
Martin McGuire, Director of Public Services,
presented information on a donation from the Midland Area Community Foundation
to be used to improve the dock facility near the Tridge. The following resolution was then offered by
Council Member Griggs and seconded by Council Member Currie:
WHEREAS, the City maintains a dock facility near the Tridge; and
WHEREAS, the facility is used for fishing and special events involving a riverboat; and
WHEREAS, fluctuating river levels have made use of the dock difficult and unpredictable; and
WHEREAS, a plan has been formulated to add a feasible extension onto the dock to make it more usable; and
WHEREAS, the Midland Area Community Foundation has offered to donate $70,000 to the City to fund the improvement; now therefore
RESOLVED, the City hereby accepts the generous offer of the Midland Area Community Foundation and directs the staff to proceed with the project. (Motion adopted.)
AMENDMENT TO FILTERED WATER SERVICE AGREEMENT
Jack Duso, Assistant City Manager, presented
the First Amendment to Filtered Water Service Agreement. The agreement is between the City of
WHEREAS, the City of Midland and the County of Midland entered into a
Filtered Water Service Agreement on August 21, 1969 for the purpose of
providing water to Jerome Township, Lincoln Township, and the Village of
Sanford; and
WHEREAS, the townships of Jerome, Lincoln, Edenville and Hope and the
Village of Sanford have created an authority known as the Water District No. 1
of Midland County, which is responsible for operating and maintaining the water
system; and
WHEREAS, the County of Midland wishes to assign its interest in the
Filtered Water Service Agreement to Water District No. 1 of Midland County,
which requires City approval; and
WHEREAS, the townships of Edenville and Hope have requested water from
the City for a water main project along M-30 from their respective southern
boundaries to
WHEREAS, it is necessary to amend the Filtered Water Service Agreement
to grant the above mentioned requests; now therefore
RESOLVED, that the First Amendment to Filtered Water Service Agreement
between the City of
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
WHEREAS, on February 12, 2003 the Herbert H. and Grace A. Dow Foundation awarded the City a grant of $190,000 to assist with additional funds needed for lighting the St. Charles Street Softball fields; and
WHEREAS, on October 15, 2003, a total of 5,587 shares of Dow Chemical Company common stock, valued at $194,700 were transferred to the Gift Agency Account at Chemical Bank and Trust Company for the City’s benefit, in satisfaction of this pledge; and
WHEREAS, it was the donor’s wish that said shares of stock be sold as soon as possible to ensure that the market price of said stock would fulfill the amount pledged; and
WHEREAS, said shares of stock were sold by the City Treasurer through Chemical Bank and Trust Company on October 16, 2003, and net proceeds of $196,318 were received; now therefore
RESOLVED, that the generous grant of $196,318 from the Herbert H. and Grace A. Dow Foundation for lighting the St. Charles Street Softball fields is hereby accepted, with appreciation; and
RESOLVED FURTHER, that the sale
of 5,587 shares of Dow Chemical Company common stock on
POLICY ON
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
WHEREAS, the City of
WHEREAS, it is in the best interest of the City and the donor that said securities be sold as soon as possible after receipt; and
WHEREAS, a formal policy establishing procedures for sale of securities received by the City as a gift and authorizing the City Treasurer to sell such securities has been prepared by staff; now therefore
RESOLVED, that the attached Policy Regarding Sale of Securities Received as a Gift is hereby approved. (Motion adopted.)
WINTER LIGHTS FIREWORKS
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
RESOLVED, that the request from Jim Johnson to set off fireworks each evening during the Tri City Winter Lights display beginning November 25, 2003 through December 31, 2003, is hereby approved subject to meeting these requirements:
;and
RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner. (Motion adopted.)
VINTAGE CHEVROLET CLUB OF
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
RESOLVED, that the City Council hereby approves the request of the
Vintage Chevrolet Club of America seeking permission to park vehicles on City property
adjacent to Ashman Court Hotel property on Friday, July 23, 2004, from 10:00
a.m. – 4:00 p.m. during their 41st Central Meet, with these
conditions:
;and
RESOLVED FURTHER, that the Administrative Staff is authorized to
approve future requests if conducted in substantially the same manner. (Motion adopted.)
COFFEE BAR AT LIBRARY
Melissa Barnard, Grace A. Dow Memorial
Library Director, gave an overview of an agreement between the City of
WHEREAS, the City Council approved a resolution on April 14, 2003 accepting the recommendation of the Grace A. Dow Memorial Library Board to operate a coffee bar in partnership with the Arnold Center, Inc.; and
WHEREAS, staff was directed to seek outside grant or foundation funding sources to cover construction, equipment and other start-up costs, and negotiate a proposed operating agreement with the Arnold Center, Inc.; and
WHEREAS, the funding goal has
been met and an agreement between the City of
RESOLVED, that the City Council hereby approves the agreement between the City of Midland and the Arnold Center, Inc. for the coffee bar located at the Grace A. Dow Memorial Library, and the Mayor and City Clerk are hereby authorized to execute said Agreement; and
RESOLVED FURTHER, that the staff is hereby directed to proceed with the project. (Motion adopted.)
COMPUTER & TELEPHONE CABLING AT CITY HALL
The following resolution was offered by
Council Member Currie and seconded by Council Member Wazbinski:
WHEREAS, sealed
bids have been advertised and received in accord with Article II of Chapter 2
of the Midland Code of Ordinances for City Hall voice and data cable
installation; and
WHEREAS, funds
have been budgeted in the 2003-04
RESOLVED, that the
City Council hereby accepts a sealed proposal meeting City specifications
submitted by Yeo & Yeo Computer Consulting of Saginaw, Michigan in the
amount of $27,637 for voice/data cable installation, and a purchase order is
authorized. (Motion adopted.)
PURCHASE OF NATURAL GAS FOR CITY FACILITIES
Michael Meyer, Purchasing Agent, presented
information regarding the purchase of natural gas. The purchasing agent secured a fixed price of
$5.43 per thousand cubic yards of natural gas from Bishop Energy Services for a
term of one year with an option to renew for successive one year periods upon
the anniversary date of the contract. The
following resolution was then offered by Council Member Griggs and seconded by
Council Member Wazbinski:
WHEREAS, the City is interested in purchasing natural gas in bulk to
provide a cost savings over our State-regulated utility company; and
WHEREAS, the current market situation for natural gas is quite volatile
and prices fluctuate on a daily basis; and
WHEREAS, a favorable price for natural gas is available currently; now
therefore
RESOLVED, that the City Council hereby waives the competitive bid
process and awards the purchase of natural gas from Bishop Energy for all City
locations at the rate of $5.43 per thousand cubic feet (Mcf) for a period of
November 2003 through April 2004.
(Motion adopted.)
RECEIVED & FILED APPEAL ON FOIA DENIAL
James Branson, City Attorney, informed
Council of an appeal that was received from Jerome C. Kole regarding a denial
on a request for information under the Freedom of Information Act. The following resolution was then offered by
Council Member Griggs and seconded by Council Member Currie:
RESOLVED, that on October 27, 2003 the Midland City Council received and filed an appeal on a denial of information requested under the Freedom of Information Act, referred appeal to City Attorney for comment and authorized City Attorney to send notice of 10 day extension. (Motion adopted.)
WARD II COUNCIL MEMBER
Mayor Black acknowledged Council Member
Griggs for his service in serving Ward 2.
Council Member Griggs, elected to Ward 2 in 2001 has announced he will
not seek reelection as a Council Member for Ward 2.
Being no further business the
meeting adjourned at
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Penny K. Kovacevich, City Clerk