A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
NATIONAL HISTORIC PRESERVATION WEEK
Communications Coordinator Libby Richart introduced Terri Applegate, Vice Chair of the West Main Street Historic District Commission, who spoke regarding National Historic Preservation Week. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 3-9, 2004, as National Historic Preservation Week in Midland. (Motion adopted.) Mayor Black presented Terri Applegate with the proclamation.
FAIRNESS IN ASBESTOS INJURY RESOLUTION
(FAIR) ACT
WHEREAS, in 1982 there were only 300
asbestos defendants while today there are more than 8,400 including companies
in nearly all types of industries in the U.S.; and
WHEREAS, by 1982, asbestos litigation had
cost American business $1 billion, and by 2002 the total cost had jumped to
more than $70 billion; and
WHEREAS, on average, claimants only receive
43 cents of every dollar, and the rest goes to legal fees and other transaction
costs; and
WHEREAS, 60 percent of payments are going to
non-malignant claims; and
WHEREAS, this situation has lead to over 70
companies going bankrupt causing more than 60,000 jobs to have been lost
because of these asbestos-related bankruptcies; and
WHEREAS, the nation is in dire need of a
legislative solution to the runaway asbestos litigation situation; and
WHEREAS, failure to enact legislation could
reduce economic growth by $2.4 billion per year, costing more than 30,000 jobs
annually; now therefore
RESOLVED, that the City Council of the City
of Midland hereby expresses its support of the goals of the Fairness in
Asbestos Injury Resolution (FAIR) Act to address the serious national asbestos
problem; and
RESOLVED FURTHER,
that the City Council hereby directs staff to send a certified copy of this
resolution to U.S. Senator Stabenow, U.S. Senator Levin, and Congressman Dave
Camp. (Motion adopted.)
CASE SYSTEMS, INC. – IFT APPLICATION
WHEREAS, the Case
Systems, Inc., Plant Rehabilitation District was established by resolution of
the Midland City Council on May 13, 1996; and
WHEREAS, Case
Systems, Inc. made an application dated March 1, 2004, which was received by
the City Clerk on March 8, 2004, for an Industrial Facilities Exemption
Certificate relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $1,377,099.95 which consists of $263,157.00 in building
improvements and $1,113,942.95 of new personal property with the same being
located within the Case Systems, Inc., Plant Rehabilitation District and is
intended to provide for the purchase and installation of used metal fabrication
and powder coating equipment from an existing out-of-state company to the
Midland facility along with real property improvements necessary to accommodate
the new equipment consisting of construction and mechanical and electrical
updates; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
April 26, 2004, as required by Public Act 198 of Public Acts of the State of
Michigan of 1974, as amended, and has given due consideration to all
information presented; and
WHEREAS, the
application appears to comply with the requirements set forth in Section 9 of
said statute, as amended, in that the proposed facility is located within a
plant rehabilitation district that was duly established within the City of Midland
with the City of Midland being eligible under said statute to establish such a
district and with the district having been established upon a request before
the commencement of the restoration, replacement or construction of the
facility described herein; that the commencement of this project did not occur
earlier than six months before the filing of the application for the industrial
facilities exemption certificate, that the application relates to a
construction, restoration or replacement program that when completed
constitutes a new or replacement facility within the meaning of said statute
and is situated within a previously established plant rehabilitation district
that was established in the City of Midland which was itself eligible under the
statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in
the community; now therefore
RESOLVED, that the
City Council of the City of Midland finds and determines that the granting of
the industrial facilities exemption certificate requested by Case Systems, Inc.
considered together with the aggregate amount of industrial facilities
exemption certificates previously granted and currently in force, shall not
have the effect of substantially impeding the operation of the City of Midland
or impairing the financial soundness of any other taxing unit which levies an
ad valorem property tax in the City of Midland; and
RESOLVED FURTHER,
that said application for an Industrial Facilities Exemption certificate from
Case Systems, Inc. for a new facility approval within the Plant Rehabilitation
District be and the same is hereby approved for a period of 12 years with an
ending date of December 30, 2016; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and Case Systems, Inc. pursuant to
P.A. 334 of Public Acts of the State of
GENERAL FUND BUDGET AMENDMENT – AIRPORT PROJECTS
RESOLVED, that in accord
with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and
after having given proper legal notice and having conducted a public hearing on
Monday, April 26, 2004 on the proposal to amend the 2003-04 General Fund budget
to increase revenues by $19,265 to recognize unbudgeted revenue in the form of
a construction project refund from the 2000-01 Barstow Airport Apron Project,
and increase expenditures by $19,265 to transfer these funds to pay
construction costs in the 2004 Barstow Airport Taxi Street Project; now
therefore
RESOLVED, that the 2003-04 General Fund
budget be amended to increase revenues by $19,265 and increase expenditures by
$19,265. (Motion adopted.)
GENERAL FUND BUDGET AMENDMENT – FIRE DEPT CAPITAL OUTLAY
Midland Fire Chief Leonardo Garcia presented
an amendment to the 2003-04 General Fund budget to recognize revenue awarded
from the Federal Emergency Management Agency’s, U.S. Fire Administration, 2003
Assistance to Fire Fighters Grant Program.
Chief Garcia also spoke regarding the purchase of a radio base station
and accessories and the purchase of an air tank filling unit and
accessories. A public hearing was opened
at
WHEREAS, that in accord with Section 11.6 of the Charter of the City of
Midland, and after having given proper legal notice, and having conducted a
public hearing on Monday, April 26, 2004, on the proposal to amend the 2003-04
General Fund budget in order to increase Miscellaneous Revenues by $85,707 and
to increase appropriations for
WHEREAS, it is the
WHEREAS, the 2003-04 General Fund budget already includes an
appropriation in the amount of $25,507 to replace said base radio equipment,
resulting in a need for additional appropriations of $69,722; now therefore
RESOLVED, that the 2003-04 General Fund budget be amended to increase
Miscellaneous Revenues by $85,707 and to increase appropriations for Fire
Department Capital Outlay by $69,722.
(Motion adopted.)
RADIO BASE STATION & ACCESSORIES – FIRE DEPT
The following resolution was offered by
Councilman Myers and seconded by Councilman Johnson:
WHEREAS, on February 5, 2004 a proposal was received from Anderson Radio,
Inc. under the State of Michigan Extended Purchasing Program for purchase of a
Motorola Quantar VHF Radio and other accessories; and
WHEREAS, the proposal submitted is within
the budget for purchasing the specified equipment; and
WHEREAS, the
RESOLVED, that the City Council authorizes
the Purchasing Agent to issue a Purchase Order in the amount of $38, 567 to
Anderson Radio, Inc. for purchase of the required equipment. (Motion adopted.)
AIR TANK FILLING UNIT AND ACCESSORIES – FIRE DEPT
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, on
December 17, 2003 a bid was received under a cooperative purchasing effort with
Midland County for purchase of a Mako Breathing Air
Module compressor package and other accessories; and
WHEREAS, Air Source One, Inc. submitted the bid for the specified
items; and
WHEREAS, the bid submitted is within the budget for purchasing the
specified equipment; now therefore
RESOLVED, that the City Council authorizes the Purchasing Agent to
issue a Purchase Order in the amount of $27,025.15 to Air Source One, Inc., the
lowest responsive, responsible vendor, for purchase of the required equipment. (Motion adopted.)
2004-05 COMMUNITY
DEVELOPMENT BLOCK GRANT BUDGET
Community Development Specialist Cheri Standfest reviewed funds proposed for distribution as part
of the 2004-05 Community Development Block Grant budget. A public hearing was opened at
WHEREAS, the City of Midland will receive $303,000 in Community Development Block Grant funds for fiscal year 2004-05; and
WHEREAS, $100,230 is expected to be received in program income during the fiscal year; and
WHEREAS, a public hearing was held by the City Council on April 26, 2004, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 2004-05 Community Development Block Grant Program, as set forth in the attached table; now therefore
RESOLVED, that the City Council hereby adopts the proposed 2004-05 budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program. (Motion adopted.)
2004-05 PROPOSED BUDGET
City Controller David Keenan
presented the City Manager’s Proposed 2004-05 City Budget. A public hearing was opened at
PUBLIC COMMENTS
There were no public comments.
Mayor Black recessed the meeting
at
The meeting resumed at
Mayor Black moved Agenda Item 11A up to this point due to the length of the meeting and the citizen waiting to comment. For purposes of the minutes, agenda items will remain in their original order.
MIDLAND ECONOMIC DEVELOPMENT COUNCIL’S 2003
ANNUAL REPORT
City Manager Karl Tomion introduced Midland Economic Development Council Executive Director Jenee Velazquez who presented an overview of the MEDC’s 2003 Annual Report. The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:
RESOLVED, that the presentation of the Midland Economic Development Council’s 2003 Annual Report is hereby acknowledged and accepted. (Motion adopted.)
CONFIRMED DDA REAPPOINTMENTS
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with
Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the
2004-05 SAG-MID MUNICIPAL WATER SUPPLY CORP
BUDGET FOR CAPITAL IMPROVEMENT AND EMERGENCY REPAIR FUND
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Saginaw-Midland Municipal
Water Supply Corporation 2004-2005 Fiscal Year Budget for the Capital
Improvement and Emergency Repair Fund in the amount of $107,000.00 is approved
by the Midland City Council. (Motion
adopted.)
TRAFFIC CONTROL ORDER P-03-22
RESOLVED, that Traffic Control Order No. P-03-22 filed
That parking shall be prohibited on the
south side of
is hereby made permanent. (Motion
denied. Yeas: None Nays:
Black, Johnson, McKeag, Myers, Rokosz)
TRAFFIC CONTROL
ORDER P-03-23
The following resolution was offered by Councilman McKeag and seconded
by Councilman Myers:
RESOLVED, that Traffic Control Order No. P-03-23 filed
That parking be prohibited on the west side
of
south of
is hereby made permanent. (Motion
adopted.)
TRAFFIC CONTROL
ORDER P-03-24
The following resolution was offered by Councilman McKeag and seconded
by Councilman Myers:
RESOLVED, that Traffic Control Order No. P-03-24 filed
That parking shall be permitted on the east
side of
is hereby made permanent. (Motion
adopted.)
TRAFFIC CONTROL
ORDER S-03-14
The following resolution was offered by Councilman McKeag and seconded
by Councilman Myers:
RESOLVED, that Traffic Control Order No. S-03-14 filed
That
is hereby made permanent. (Motion
adopted.)
WATER MAIN
REPLACEMENT – EASEMENT AGREEMENT (ZIEMER)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the attached Easement Agreement between the City of Midland and Ronald H. Ziemer and Eleanor Ziemer for installation and maintenance of a new water main along the south side of Bay City Road in Section 23, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan, is hereby accepted and that the easements are ordered recorded. (Motion adopted.)
WATER MAIN REPLACEMENT – EASEMENT AGREEMENT (ANDRONACO)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the attached Easement Agreement between the City of Midland and Joseph V. Andronaco and Joann Andronaco for installation and maintenance of a new water main along the south side of Bay City Road in Section 23, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan, is hereby accepted and that the easements are ordered recorded. (Motion adopted.)
WATER MAIN REPLACEMENT – EASEMENT AGREEMENT (A.L. HIGNITE HOLDING CO)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the attached Easement Agreement between the City of Midland and A.L. Hignite Holding Company, LLC for installation and maintenance of a new water main along the south side of Bay City Road in Section 23, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan, is hereby accepted and that the easements are ordered recorded. (Motion adopted.)
WATER MAIN REPLACEMENT – EASEMENT AGREEMENT (VALLEY MECHANICAL)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the attached Easement Agreement between the City of Midland and Valley Mechanical Contracting, Inc. for installation and maintenance of a new water main along the south side of Bay City Road in Section 23, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan, is hereby accepted and that the easements are ordered recorded. (Motion adopted.)
POLICE DEPARTMENT ANNUAL BIKE AUCTION
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore
RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 1, 2004 with the net proceeds being deposited in the General Fund or other appropriate City funds; and
RESOLVED
FURTHER, that the City will be selling similar unclaimed items for the
FLEXIBLE SPENDING ACCT – AMENDMENT NO. 3
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the U.S. Department of Health and Human Services has issued regulations through the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) pertaining to the privacy rights of participants in self funded Flexible Spending Plans, and that such plans must be amended to comply with the Act; now therefore
RESOLVED, that Amendment Number Three to the City of Midland Flexible Spending Plan effective April 14, 2004, is hereby approved and adopted and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said amendment to the Plan Administrator; and
RESOLVED
FURTHER, that the Plan Administrator shall act as soon as possible to notify
employees of the adoption of the Amendment Number Three to the City of
PURCHASE OF SELF-LOADING BUCKET TRUCK
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Self-Loading Bucket Truck, Bid No. 2755; and
WHEREAS, funding for the new truck is included in the 2003-04 Equipment Revolving Fund budget for Capital Outlay, Vehicles; and
WHEREAS, the delivery schedule for the vehicle bid by Wieland Sales is for 90 – 120 days; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the net amount of $95,305.72 for the purchase of a self-loading bucket truck, in accordance with the proposal and city specifications. (Motion adopted.)
PURCHASE OF JOHN DEERE 5320 INDUSTRIAL
TRACTOR
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a John Deere 5320 Industrial Tractor, with trade-in, Bid No. 2756; and
WHEREAS, funding for the new tractor is included in the 2003-04 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Brady’s Sales and Services of Burton, Michigan in the net amount of $22,606.13 for the purchase of a John Deere 5320 Industrial Tractor, including trade-in of city equipment number 4-81, in accordance with the proposal and city specifications. (Motion adopted.)
PURCHASE OF TWO TORO GREENSMASTER 3150
MOWERS
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of two Toro Greensmaster 3150 mowers, with trade-ins, Bid No. 2754; and
WHEREAS, funding for the new mowers are included in the 2003-04 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors, Inc., of Auburn Hills, Michigan in the net amount of $36,172.00 for the purchase of two Toro Greensmaster 3150 mowers, including trade-in of city equipment numbers 4-15 and 4-27, in accordance with the proposal and city specifications. (Motion adopted.)
TRIDGE DOCK IMPROVEMENTS
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the construction of enhancements to the dock near the Tridge; and
WHEREAS, on April 6, 2004 City Council amended the budget to receive funds for this project from the Midland Area Community Foundation and the Midland County Youth Action Council, and established an expenditure account; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order in the amount of $63,915 to Gerace Construction of Midland for the enhancement of the dock near the Tridge. (Motion adopted.)
2004 LOCAL STREET RECONSTRUCTION, PHASE I;
CONTRACT NO. 5
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the
reconstruction of Arbury Street from Bayliss to Jefferson, Bayliss
Street from Patrick to Haley and Lincoln Street from Patrick to Arbury and replacement of water mains on the above portions
of Arbury and Bayliss
Streets; and
WHEREAS, funding for this project is provided by the Local Street Fund
and Water Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Crawford
Contracting, Inc. of Alma, Michigan, for the "2004 Local Street
Reconstruction, Phase I; Contract No. 5", in the indicated amount of
$298,269.75, 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 change orders modifying or altering this contract in
an aggregate amount not to exceed $20,000. (Motion adopted.)
City Engineer Brian McManus presented information on the George Street Basin Sewer Improvements. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for the installation of a new 36” sanitary sewer from the
State Street pump station to the intersection of Buttles
and Mill Streets and a new 84” storm sewer from the intersection of Buttles and Mill Streets, to the intersection of Bayliss and Patrick Streets; and
WHEREAS, funding for this project is
provided by the General Fund; now therefore
RESOLVED, that the low sealed proposal
submitted by Ric-Man Construction, Inc. of Sterling
Heights, Michigan, for the "George Street Basin Sewer Improvements, Bid
No. 2752", in the indicated amount of $2,095,378.80, 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 change orders modifying or
altering this contract in an aggregate amount not to exceed $20,000. (Motion adopted.)
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, on October 13, 2003, Council approved a resolution to accept
the low bid of $33,961.00 submitted by W. W. Williams of Saginaw for two
standby generators, one 125kW ($21,003.00) at the Smith Street pump station and
one 42kW ($12,958.00) at the Moorland Drive pump station; and
WHEREAS, during the Smith Street pump station generator start-up
process it was determined that the two pumps at this location require
substantially more starting amperes than other pumps of the same size, and
would require a larger generator to start-up the pumps during an electrical
power outage; and
WHEREAS, the vendor has agreed to supply a 200kW generator to resolve
the start-up power deficiency for an additional cost to the City of $10,000.00,
bringing the total cost of the Smith Street pump station generator to $31,003.00
for a 200kW generator, which is still lower than the second low bid price for a
125kW generator; and
WHEREAS, staff believes that the upgrade to a 200kW generator is the
best way for the City to ensure sanitary sewer system reliability at the Smith
Street pump station, and recommends approval of said upgrade and authorization
to transfer $10,000.00 from capital account #590-9120-912.97-50 – Pump Station
Flow Meter to capital account #590-9120-912.97-65 – Smith Street Pump Station
project; now therefore
RESOLVED, that the upgrade to a 200kW generator for the Smith Street
pump station in the amount of $10,000.00 is hereby approved bringing the total
cost of the generator and associated purchase order to $31,003.00, and
authorization is given to transfer $10,000.00 from the Wastewater capital account
#590-9120-912.97-50 – Pump Station Flow Meter to capital account
#590-9120-912.97-65 – Smith Street Pump Station. (Motion adopted.)
PROPOSED BUDGET AMENDMENT
The following resolution was offered by Councilman
McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with Section 11 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 pm, May 10, 2004 in the Council Chambers of City Hall on the proposal to amend the budget to increase revenues to recognize gifts of $32,000 and to increase expenditures by $32,000 for the construction of a Bicycle Motocross Track. (Motion adopted.)
Being no further business the
meeting adjourned at
______________________________________
Selina Tisdale, City