A regular meeting of the City
Council was held on
The roll of those elected to the office of Councilman in each of the City’s wards was then called:
Ward I R. Drummond Black – present
Ward II James S. Myers – present
Ward III Hollis H. McKeag – present
Ward IV Bruce A. Johnson – present
Ward V Joseph M. Rokosz – present
Penny Kovacevich then administered the Oath of Office to each Councilman.
Per City Charter the Council at its first regular meeting following
each regular biennial city election shall select one of its members to serve as
Mayor and one of its members to serve as Mayor Pro-Tem. The Mayor shall be recognized as the
executive head of the city and has an equal voice and vote in the proceedings
of the Council. The Mayor Pro-Tem shall
perform the duties of the Mayor when, on account of absence from the city,
disability, or otherwise, the Mayor is temporarily unable to perform the duties
of his office. The Mayor Pro-Tem shall
preside over the meetings of the Council at the call of the Mayor.
Penny Kovacevich, City
The role of the Mayor was summarized
and the selection of the Councilman to that position was considered. Penny Kovacevich, City
RESOLVED, that R. Drummond Black
is hereby selected to serve as Mayor of the City of
The selection of the Mayor Pro-Tem
was then considered. Penny Kovacevich, City
RESOLVED, that Bruce A. Johnson is hereby selected to serve as Mayor
Pro-Tem of the City of
R. Drummond Black, selected by his peers to serve as
Mayor, accepted the gavel from Penny Kovacevich, City Clerk/Treasurer.
The following resolution was offered by Councilman Rokosz and seconded by Councilman Myers:
RESOLVED, that Robert’s Rules
of Order Newly Revised edition, be and are hereby adopted to govern, during
the current term, the proceedings of the Midland City Council. (Motion
adopted.)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that
this resolution shall supercede the City Council resolution dated November 12,
2001, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed
closed session of the City Council; and
RESOLVED FURTHER,
that the following rules in recognition of the provisions of the Open Meetings
Act are hereby adopted:
1. Addressing Council Meetings: Any person in attendance at a meeting of the
City Council may address the Council any time his remarks are germane to the
agenda item being discussed by the Council upon being recognized by the
presiding officer.
The agenda of every regular council
meeting of the City shall include one agenda item described as either
"public comment" or "new business". The presiding officer shall recognize any
person in attendance at the meeting under the provisions of these rules to
speak under this agenda item on any subject upon which the Council may properly
and lawfully take action.
The presiding officer shall recognize
members of the public for reasonable periods and under such conditions as the
presiding officer may prescribe to prevent disruption of the business of the
Council.
The presiding officer shall not permit
members of the public to discuss matters not germane to the agenda item being
discussed nor shall the presiding officer permit obscene or insulting comments,
actions or printed material.
No person shall be permitted to
address the Council unless recognized by the presiding officer and, upon such
recognition, the person recognized shall speak at the microphone provided, if
any, and give his name and address and disclose upon whose behalf he desires to
address the Council if he is appearing in a representative capacity.
2. Meeting Notices: The City Clerk is hereby authorized and
directed to make a reasonable estimate of the yearly cost of reproducing and
mailing notices of all meetings of the City Council and, on an individual
yearly basis, meeting notices for any board, commission, or committee of the
City created by the ordinances of the City or resolution of the City
Council. Such reasonable estimated costs
shall be filed in the office of the Clerk and shall be the charge made to a
party making a written request for the same as provided in Section 6 (1) of the
Open Meetings Act.
However, no charge shall be made to
any newspaper or radio and television station requesting such notices nor shall
a charge be made to any party requesting meeting notices of the Council or of
any single board, commission or committee.
A charge shall be made to a party, other than the news media, requesting
annual notice for multiple types of meetings.
3. Agendas: Agendas published in advance and furnished to
the City Clerk shall be provided to parties entitled to notice of public
meetings pursuant to Sections 6 (1) and (2) of the Open Meetings Act and under
the same provisions as part 2 above.
4. Minutes: The City Clerk shall determine the reasonable
estimated cost of reproducing minutes of the City Council's meetings and the
minutes of any board, commission and committee created by the ordinances of the
City of resolutions of the City Council.
Such reasonable estimates of cost, based on four (4) cents per page plus
the time required of the lowest paid, permanent, full‑time clerical employee
of the Clerk's Office to retrieve and reproduce the requested minutes,
calculated to the nearest one‑sixth of the hourly wage rate, shall be
filed in the Clerk's Office. There will
be no charge for minutes when the cost is five dollars ($5.00) or less. If the request for copies of minutes exceeds
a total cost of five dollars ($5.00), the actual costs shall constitute the
charge made pursuant to Section 9 of the Open Meetings Act. (Motion adopted.)
The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that the City of
RESOLVED FURTHER, that the attached documents shall be used to implement the FOIA policy; and
RESOLVED FURTHER, that the City
Manager is hereby designated as the City of
Ballots were handed out to Council and the result read by the City Clerk. The following resolution based on the results of balloting was then offered by Councilman Rokosz and seconded by Councilman McKeag:
RESOLVED, that James S. Myers be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Midland Area Emergency Medical Board. (Motion adopted.)
Ballots were handed out to Council and the result read by the City Clerk. The following resolution based on the results of balloting was then offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Hollis McKeag be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Board of the MBS International Airport Commission. (Motion adopted.)
Ballots were handed out to Council and the result read by the City Clerk. The following resolution based on the results of balloting was then offered by Councilman Rokosz and seconded by Councilman Myers:
RESOLVED, that Bruce A. Johnson
be designated and is appointed as the City Council’s representative for the
duration of his current term of office as the City of
Jack Duso, Assistant City
RESOLVED, that the following policies adopted by resolution of the City Council that were in effect as of the November 4, 2003 City Council election are hereby readopted by this City Council:
· Public Improvement Petition Deadline
· Budget Transfers
· Sidewalk Construction Policy
· Poverty Exemption Guidelines
· Administrative Approvals for Annual Events
· Parks and Recreation Rules
·
· Refuse Collection Rules
· Cemetery Rules
· Rules and Regulations for the use of MCTV Public Access Channels and Facilities
· ACH and Electronic Transaction Policy
· Policy for sale of securities received as a gift
· Election precinct signs in the public right of way
· Investment Policy
· Downtown Vendor Cart Policy
· Airport hangar rental lease agreements
· Airport private hangar land lease transfer agreements
· Payment in Lieu of Taxes (PILOT)
(Motion adopted.)
Approval of the minutes of the
SANITARY LANDFILL RATE ORDINANCE
Noel Bush, Director of Utilities, presented information on a second
reading of an ordinance that would amend the Midland Sanitary Landfill Disposal
Fees Ordinance. The new ordinance
created an inconsistency in refuse collection services in that demolition
material left at the curb is collected and disposed at no fee to the resident,
but those residents who deliver demolition material to the Sanitary Landfill
were being charged for disposal, the amendment would accept up to three cubic
yards of any type of refuse, except tires, at no charge per month per address. Councilman
Rokosz called for a clarification on trips to the landfill, indicating that the
one free trip was not actually free, but paid for out of the general fund
budget. Mr. Bush indicated this
statement was correct. Betty Washburn,
ORDINANCE NO. 1569
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
|
Type of Refuse |
Disposal Fee |
|
|
(1)* |
Refuse (except tires) delivered in a
passenger car, furnished camper, pickup, panel van, or trailer, Residential
only. |
No Charge |
|
|
* One load per month per address of three
cubic yards or less of refuse (except tires) and yard waste may be disposed
at no charge to the resident, which shall be compensated by the city’s
general fund. One appliance may be included as part of the three free yards.
Additional loads and refuse in excess of three yards shall be charged
according to the disposal fee schedule. |
|
|
(2) |
General refuse (per cubic yard) |
5.50 |
|
(3) |
Construction and Demolition material;
Foundry Sand (per cubic yard) |
10.00 |
|
(4) |
Packer vehicles (per cubic yard) city/contractors |
8.50 |
|
(5) |
Tires (per each): |
|
|
|
Passenger car tire |
5.00 |
|
|
Truck tire |
10.00 |
|
|
Heavy equipment tire |
15.00 |
|
(6) |
Yard waste (per cubic yard) |
3.00 |
|
(7) |
Appliances (per each) |
7.00 |
|
(8) |
Contaminated soil/asbestos (per cubic yard) |
12.00 |
|
(9) |
Fee for sharps containers (per each) |
3.00 |
|
(10) |
Wastewater and water sludges/street dirt
(per cubic yard) |
10.00 |
|
(11) |
Bulk medical waste (includes compacted) |
10.00 |
|
(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. (Ordinance adopted.)
PUBLIC COMMENTS
Harry McCaffrey, 1308 Wildwood,
congratulated the new Councilmans on their successful
election. William Fagley,
2700
The following resolution was offered by Councilman Myers and
seconded by Councilman McKeag:
WHEREAS, the City of
WHEREAS, an agreement to purchase said property, dated October 30, 2003, was submitted by Lesley A. Kovacevich, in the amount of $158,000.00, which is the appraised value of the home; and
WHEREAS, the purchaser will
obtain a mortgage, the proceeds of which are to be disbursed to the City of
RESOLVED, that based upon previous experience with the sale of city-owned houses it is hereby determined that sealed proposals are impractical and in accord with Section 2-25 of the Code of Ordinances sealed proposals are hereby waived and the attached purchase agreement between the City of Midland and Lesley A. Kovacevich for the purchase of a house at 3516 West Wackerly Street is hereby approved; and
RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion adopted.)
FIRST
AMENDMENT TO DRIVEWAY AND PARKING LOT AGREEMENT
James Branson, City Attorney,
presented information on an amendment to a parking lot agreement with
RESOLVED, that the Mayor and City
Clerk be authorized to execute the attached First Amendment to Driveway and
Parking Lot Agreement between the City of Midland and the First United
Methodist Church of Midland and is further ordered to be recorded. (Motion adopted.)
EASEMENT
AGREEMENT – ECONOMIC DEVELOPMENT CORPORATION
Mayor Black, an attorney,
requested that he be allowed to abstain from the issue on this easement as he
had worked on the original easement. Council
unanimously agreed to the abstention.
Mayor Black then handed the gavel to Mayor Pro-Tem Johnson. James Branson, City Attorney, presented
information on the easement agreement.
It was discovered that the property description on the original easement
did not match the actual placement of the utilities, this version of the
easement properly reflects the easement property and utility placement. Mr. Branson indicated that the change in the
easement had no impact on the sale of the property. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Myers:
RESOLVED, that the attached Easement Agreement from the Economic
Development Corporation of Midland County to the City of Midland, for the
maintenance of public utilities on the South 20 feet of the North 50 feet of
Lots 18, 19, 20, 21 and the East 25 feet of Lot 22 of Eastwick Subdivision No.
2, in Section 23, Township 14 North, Range 2 East, City of Midland, County of
Midland, Michigan is hereby accepted and that the easement is ordered to be
recorded. (Motion adopted. Yeas:
Johnson, McKeag, Myers, Rokosz Nays:
None Abstained: Black)
The gavel was returned to Mayor Black.
CABLE ACCESS ADVISORY COMMISSION ANNUAL
REPORT
Ron Beacom, Administrative Assistant, MCTV, introduced Linda Malekadeli, Chair of the Cable Access Advisory Commission, who presented the 2002-2003 Annual Report for the Cable Access Advisory Commission. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2002/2003 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and
WHEREAS, the Cable Access Advisory Commission has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore
RESOLVED, that the 2002/2003 Annual Report of the Cable Access Advisory Commission be accepted. (Motion adopted.)
PROPOSED 2003-2004 GENERAL FUND BUDGET
AMENDMENT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, November 24, 2003 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 General Fund budget to provide $25,069 of additional funding for a June 30, 2003 encumbrance for Public Works Sidewalk Maintenance. (Motion adopted.)
NEW BUSINESS
Mayor Black requested that City Manager Karl Tomion schedule
orientation for new Councilmen. Mayor Black
stressed the importance of the tax appeal issues and requested the new Councilmen
place the study of the issues concerning the tax appeals high on their priority
list. Mayor Black directed City Manager
Karl Tomion to schedule a closed session to discuss pending litigation.
Councilman Johnson requested that City Manager Karl Tomion develop a
priority list of issues facing Council.
Councilman Johnson wanted to know how the City of
Being no further business the
meeting adjourned at
______________________________________
Penny K. Kovacevich, City Clerk