November 10, 2003

 

A regular meeting of the City Council was held on Monday, November 10, 2003, at 7:00 p.m. in the Council Chambers of City Hall.Per past practice the first meeting conducted by the newly elected City Council is called to order by the City Clerk.Penny Kovacevich, City Clerk/Treasurer, opened the 30th organizational council meeting and invited those assembled to recite the Pledge of Allegiance to the Flag.

 

The roll of those elected to the office of Councilman in each of the Cityís wards was then called:

††††††††††††††††††††††††††††††††††††††† Ward I†††††††††† R. Drummond Black Ė present

††††††††††††††††††††††††††††††††††††††† Ward II†††††††††† James S. Myers Ė present

††††††††††††††††††††††††††††††††††††††† Ward III††††††††† Hollis H. McKeag Ė present

††††††††††††††††††††††††††††††††††††††† Ward IV†††††††† Bruce A. Johnson Ė present

††††††††††††††††††††††††††††††††††††††† Ward V††††††††† Joseph M. Rokosz Ė present

 

Penny Kovacevich then administered the Oath of Office to each Councilman.

 

SELECTION PROCESS OF MAYOR AND MAYOR PRO-TEM

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 Clerk, instructed that a written but public ballot could be used to elect the Mayor and Mayor Pro-Tem, if Council so desired, or the appointment could be made by a motion of one Councilman and seconded by another.The newly elected Council agreed that the election of Mayor and Mayor Pro-Tem would be by public ballot.

 

MAYOR SELECTION

The role of the Mayor was summarized and the selection of the Councilman to that position was considered.Penny Kovacevich, City Clerk, read the results of the balloting and called for a motion based on the unanimous vote for R. Drummond Black for Mayor.The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, that R. Drummond Black is hereby selected to serve as Mayor of the City of Midland for the 2003-2005 term.(Motion adopted.)

 

MAYOR PRO-TEM SELECTION

The selection of the Mayor Pro-Tem was then considered. Penny Kovacevich, City Clerk, read the results of the balloting and called for a motion based on the 4/1 vote for Bruce A. Johnson as Mayor Pro-Tem.The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Bruce A. Johnson is hereby selected to serve as Mayor Pro-Tem of the City of Midland for the 2003-2005 term.(Motion adopted.)

 

R. Drummond Black, selected by his peers to serve as Mayor, accepted the gavel from Penny Kovacevich, City Clerk/Treasurer.

 

Mayor Black then called for motions from Council to adopt Robertís Rules of Order to govern the Council proceedings, adopt rules in recognition of the provisions of the Open Meetings Act, adopt rules in recognition of the provisions of the Freedom of Information Act and called for balloting to appoint councilmen to represent the City of Midland on the Midland Area Emergency Medical Board, the MBS International Airport Commission, and as the City of Midlandís Legislative Director.

 

ROBERTíS RULES OF ORDER

 

The following resolution was offered by Councilman Rokosz and seconded by Councilman Myers:

 

RESOLVED, that Robertís 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.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE OPEN MEETINGS ACT

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.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT

The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, that the City of Midland hereby adopts the attached policy as its Freedom of Information Act Policy; and

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 Midlandís Freedom of Information Act Coordinator.(Motion adopted.)

 

MIDLAND AREA EMERGENCY MEDICAL BOARD APPOINTMENT

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 Councilís representative for the duration of his current term of office to the Midland Area Emergency Medical Board.(Motion adopted.)

 

MBS INTERNATIONAL AIRPORT COMMISSION APPOINTMENT

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 Councilís representative for the duration of his current term of office to the Board of the MBS International Airport Commission.(Motion adopted.)

 

MIDLANDíS LEGISLATIVE DIRECTOR APPOINTMENT

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 Councilís representative for the duration of his current term of office as the City of Midlandís Legislative Director.(Motion adopted.)

 

READOPTION OF PREVIOUS COUNCIL POLICIES

Jack Duso, Assistant City Manager, presented information on the readoption of previous Council policies. Resolutions remain in effect only for the duration of the term of the City Council that adopted them.Mr. Duso indicated that to maintain continuity in the implementation of Council policies from one Council to another, it is necessary to adopt at a Councilís organization meeting a resolution of renewal of existing city policies previously adopted by resolution.It was recommended that the policies be renewed at this time with the understanding that any of them may be amended in the future as determined by the City Council. ††The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

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

         Barstow Airport 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.)

 

MINUTES

Approval of the minutes of the October 27, 2003 regular meeting was offered by Councilman Myers and seconded by Councilman McKeag.(Motion adopted.)

 

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, 4930 Monteray Drive, asked about current rates to drop off material.Mr. Bush read the rates for her.Paula Jurado, 4623 Washington, inquired about timing on large pickup items per month.Mayor Black asked the Council if they would like staff to conduct a study on landfill financial and productivity implications.No direction on a study was given at this time. Diane Myers, 521 Shirmor, complained that she had scheduled a borrow-a-container to be placed at her residence, but was told that the container could not be placed at her residence but could be placed at the corner of M-20 and Shirmor.Karl Tomion, City Manager, will look into the reasons for non-placement at her residence.Paula Jurado, 4623 Washington, wanted to know what would prevent a resident from putting out large materials once a month, she also commented on the overflowing container at Plymouth Park.The following ordinance amendment to the Sanitary Landfill Rate Ordinance was offered by Councilman McKeag and seconded by Councilman Myers:

 

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 Midland Ordains:

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 Midland or Midland County and pay the attendant a fee as follows:

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 cityís 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 Midland County, but authorized by the city manager to be disposed at the city's landfill, or for local units of government in Midland County not having a solid waste disposal agreement with the city.

(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 Glendale, also congratulated the new Councilmans on their election to the Council, and made comments on the state of the tax appeals and the Cityís budgeting process.Richard McCreadie, 2700 Washington, congratulated the new council and commented that he would like to see the newly elected council be aggressive and progressive instead of putting out fires.

 

SALE OF HOUSE AT 3516 W. WACKERLY STREET

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3516 West Wackerly Street in the City of Midland; and

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 Midland; now therefore

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 First United Methodist Church regarding maintenance and use of the lot located next to City Hall.The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

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 Ė 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, RokoszNays: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 Midland compared against other communities on performance issues.City Manager Karl Tomion will gather information on the comparisons and present it to Council at a future date.

 

Being no further business the meeting adjourned at 8:35 p.m.

 

 

 

______________________________________

††††††††††† Penny K. Kovacevich, City Clerk