April 26, 2004

 

A regular meeting of the City Council was held on Monday, April 26, 2004, 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.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the April 12, 2004 regular, both April 19, 2004 special and the April 20, 2004 special meetings was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion adopted.)

 

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

Assistant City Manager Jack Duso introduced John Musser, Public Affairs Director for The Dow Chemical Company, who spoke in regards to the Fairness in Asbestos Injury Resolution Act.  Mayor Black asked that the resolution be amended to direct staff to send copies of the resolution to Senators Stabenow and Levin and to Congressman Camp.  The following amended resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

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

Acting City Assessor Roger Elbers presented information on an industrial facilities exemption certificate request from Case Systems, Inc.  A public hearing was opened at 7:16 p.m.  Dave Clark, General Manager and Owner of Case Systems, Inc. and Richard Wirtz, Special Projects Manager for Midland Economic Development Council, both spoke in support of the IFT application.  The hearing closed at 7:26 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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 Michigan of 1993.  (Motion adopted.)

 

GENERAL FUND BUDGET AMENDMENT – AIRPORT PROJECTS

Assistant City Engineer Bradd Maki presented an amendment to the General Fund budget that would increase revenues as a result of an airport construction project refund.  A public hearing was opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:31 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

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 7:35 p.m., recognizing no public comments, the hearing closed at 7:36 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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 Fire Department Capital Outlay by $69,722; and

WHEREAS, it is the Fire Department’s intent to use said funds toward purchasing an air tank filling unit and replace the base radio station at Station One at a total cost of $95,229; and

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 Fire Department has the funds necessary to purchase the equipment specified; now therefore

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 8:00 p.m., recognizing no public comments, the hearing closed at 8:01 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

 

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 8:09 p.m.  Larry Pillepich, 3602 McKeith Road, spoke regarding various budget related issues including sidewalk cleaning and Downtown Midland.  John Jossi, 5316 Gardenbrook Drive, complimented City Council regarding their close review of the budget and challenged Council to operate as efficiently as possible while maintaining the same level of service.  Fay Wood, 3501 Bay City Road, spoke regarding affordable housing.  The hearing closed at 8:23 p.m.   Council held a discussion about various budget issues.

 

PUBLIC COMMENTS

There were no public comments.

 

Mayor Black recessed the meeting at 9:15 p.m.

The meeting resumed at 9:20 p.m.

 

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 City Council confirms the reappointment of Doug Chapman, John Reisner and Margaret Riecker to the Downtown Development Authority for terms to expire May 1, 2008.  (Motion adopted.)

 

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

Assistant City Engineer Bradd Maki reviewed Traffic Control Order P-03-22 prohibiting parking on the south side of Beech Street from Waldo Avenue to Cottonwood Street.  Major Elaine Medlock spoke on behalf of the Salvation Army, 333 Waldo Avenue, regarding programs at the Salvation Army that would be greatly affected by this parking prohibition.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

RESOLVED, that Traffic Control Order No. P-03-22 filed December 29, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the south side of Beech Street from Waldo Avenue to Cottonwood Street.

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 December 29, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking be prohibited on the west side of Drake Street from 50’ south of Valorie Lane to Gabriel Lane and on the east side of Drake Street from 50’

south of Valorie Lane to the south end of Woodcrest School property from 8:00 a.m. to 4:00 p.m. during school days only.

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 December 29, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be permitted on the east side of Drake Street from the south end of the Woodcrest School property 235’ north.

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 December 29, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Elisenal Street shall stop for Joe Mann Boulevard.

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 County Sheriff’s Department in a cooperative venture and sending the proceeds, less expenses, to the County.  (Motion adopted.)

 


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 Midland Flexible Spending Plan by delivering to each employee a copy of the summary description of the changes to the Plan in the form of the Summary Plan Description – Material Modifications.  (Motion adopted.)

 

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.)


GEORGE STREET BASIN SEWER IMPROVEMENTS

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.)

 

SMITH STREET PUMP STATION STANDBY GENERATOR

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 10:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk