July 11, 2005

 

A regular meeting of the City Council was held on Monday, July 11, 2005, 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

 

Some of the agenda items were taken out of order at the pleasure of the Mayor.  The original order of the agenda has been retained for the minutes.

 

MINUTES

Approval of the minutes of the June 27, 2005 special and regular meetings was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the special assessment roll for the 2005 Sidewalk Improvement Special Assessment District.  A public hearing was opened at 7:20 p.m., recognizing no public comments, the hearing closed at 7:20 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $24,228.00 and that the total estimated cost of said improvements is $85,023.00, and the City at large cost is $60,795.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2006, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 4 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion ADOPTED.)

 

2005 SIDEWALK IMPROVEMENT PROGRAM; CONTRACT NO. 17

Assistant City Engineer Bradd Maki presented the 2005 Sidewalk Improvement Program Contract No. 17.  The following resolution was then 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 installation of sidewalks at various locations within the City of Midland; and

WHEREAS, funding for the 2005 Sidewalk Improvement Program is provided by the General Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by JKS, Inc. of Midland, Michigan, for the "2005 Sidewalk Improvement Program; Contract No. 17", in the indicated amount of $73,670.00, 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.)

 

2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

City Engineer Brian McManus presented a report on the requested 2005 Cub Street Improvement and a history of similar requests for this street improvement.  A public hearing was opened at 7:30 p.m.  Jeff Paxton, representing the Kole family, petitioners of the project, spoke in favor of the improvement.  Dean Schweigert, 5101 Cub Street, spoke in opposition of the improvement.  The public hearing closed at 7:38 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated June 27, 2005, said street being:

            CUB STREET                from Pheasant Ridge Drive to the end of the cul-de-sac

and has heretofore established one special assessment district designated:

 “2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, July 11, 2005, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Cub Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of fifty thousand four hundred dollars ($50,400.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be eighteen thousand four hundred three and 20/100 dollars ($18,403.20) and that all other costs and expenses of said improvement amounting to thirty-one thousand nine hundred ninety-six and 80/100 dollars ($31,996.80) shall be borne and paid by special assessment on all lands and premises in said “2005 Cub Street Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

 “2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion ADOPTED.  Yeas:  Black, Johnson, Myers, Rokosz   Nays:  McKeag)

 

2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented information on the 2005 Cub Street Improvement Special Assessment District Special Assessment Roll.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2005 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Street Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the eighth day of August, 2005, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the eighth day of August, 2005, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 18 – TENDERCARE NURSING HOME

Assistant City Manager Jon Lynch presented information on Conditional Use Permit No. 18 relating to an addition to Tendercare Nursing Home.  A public hearing was opened at 8:00 p.m.  Petitioner Richard Postema, of Richard Postema Associates and representing Tendercare Nursing Home, described the addition and spoke in support of issuance of the conditional use permit.  Fay Wood, 3501 Bay City Road, encouraged City Council to include a clause that would specify a certain number of care takers per beds provided by the facility.  The public hearing closed at 8:04 p.m.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

WHEREAS, Richard Postema Associates has submitted a request for a conditional use permit review and approval for construction of a 6,154 s.f. building addition on property at 4900 Hedgewood Drive, Tendercare, Midland; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland, conditioned on the following:

1.         The water line is relocated around the addition and installed prior to

            construction commencing.

2.         The Fire Department Hose Connection is relocated to the outside wall of the new addition.

3.         The fire hydrant is relocated to the front of the site adjacent to

            Hedgewood Drive.

4.         Adequate pedestrian access is provided from the southernmost 4 parking

            spaces to the building.

5.         Stormwater detention plans are reviewed and approved by the City of Midland

            Engineering Department.

6.         All parking spaces are delineated by “box” style striping.

7.         All site illumination is fully shielded to prevent casting illumination off site.

8.         A grading plan be reviewed and approved by the City of Midland

            Engineering and Building Departments prior to construction commencing.

9.         All signage meet the requirements of the Zoning Ordinance.

; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 18, in accord with documents provided and submitted at the meeting of June 27, 2005.  (Motion ADOPTED.)

 

2005-06 GENERAL FUND BUDGET AMENDMENT – PERSONAL PROPERTY TAX AUDITS

City Assessor Reid Duford introduced a budget amendment to the 2005-06 General Fund budget to recognize $75,000 in State Grant revenue to help fund contracted third-party personal property tax audits.  A public hearing was opened at 8:55 p.m., recognizing no public comments, the hearing closed at 8:55 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

 

WHEREAS, in accord with Section 11.4 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on the proposal to amend the General Fund’s 2005-06 budget to recognize $75,000 in State Grant revenue to help fund contracted third-party personal tax audits, and $75,000 in related expenditures associated with contracted personal property tax audits; now therefore

RESOLVED, that the General Fund’s 2005-06 budget is amended to recognize $75,000 in State Grant revenue to help fund contracted third-party personal property tax audits, and $75,000 in related expenditures associated with contracted personal property tax audits.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington, spoke in opposition to demolishing the Civic Arena and encouraged the City to pursue sale of the facility if there is no suitable City use for it.

 

SUBDIVISION CONTROL ORDINANCE

Assistant City Manager Jon Lynch reviewed amendments to the subdivision control ordinance and presented the revised ordinance for second reading.  Greg Weckesser, of Weckesser Builders, spoke in support of the revised ordinance and complimented City staff on an open and inclusive process for revising the ordinance and implementing the changes.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Johnson:


ORDINANCE NO. 1603

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN BY AMENDING ARTICLES I, II, III, AND IV, AND REPEALING ARTICLES V, VI, AND VII OF CHAPTER 23 THEREOF.

The City of Midland Ordains:

            (The full version of the new subdivision ordinance is on file in Council packet in Clerk’s Office.)

Section 9.        This Ordinance shall become effective immediately upon its publication.  (Ordinance ADOPTED.)

 

City Council recessed its proceedings from 9:12 p.m. to 9:20 p.m.

 

BENCHMARKING REPORT

Assistant City Manager Jack Duso presented a report on benchmarking strategies to help improve employee productivity and reduce the cost of City services.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

 

RESOLVED, that the attached report on benchmarking dated June 24, 2005 is hereby accepted and ordered filed in the Office of the City Clerk.  (Motion ADOPTED.)

 

GENERAL OBLIGATION UNLIMITED TAX REFUNDING BONDS, SERIES 2005

Director of Fiscal Services David Keenan presented a plan to authorize up to $11 million in General Obligation Unlimited Tax Refunding Bonds to refund series 2001 Sanitary Sewer General Obligation Bonds.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

WHEREAS, Act 34, Public Acts of Michigan, 2001, as amended, being the Revised Municipal Finance Act (“Act 34”), permits the City of Midland (the “City”) to refund and advance refund all or part of the funded indebtedness of the City; and

WHEREAS, the City Council tentatively determines that it is in the best interest of the City to refund all or a portion of its General Obligation Unlimited Tax Bonds, Series 2001, dated as of April 1, 2001 (the “Prior Bonds”).

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         Bonds of the City designated General Obligation Unlimited Tax  Refunding Bonds, Series 2005 (the “Bonds”) be issued in the aggregate principal amount of not to exceed Eleven Million Dollars ($11,000,000) as finally determined upon sale thereof, for the purpose of refunding the Prior Bonds; said issue to consist of bonds registered as to principal and interest of the denomination of $5,000 or multiples of $5,000, be dated as such  date as may be approved by this Council at the time of sale of the Bonds, numbered as determined by the Transfer Agent, and shall mature annually in such years as shall be determined at the time of sale.  The title of the Bonds and the dates of principal maturities may be changed at the time of sale.  The Bonds shall bear interest at a rate or rates to be determined upon sale, but in any event not exceeding an average rate of 4.5% per annum, payable on dates determined at the time of sale.

2.         The proceeds of the Bonds shall be used to pay the costs of issuance of the Bonds and to secure payment of the Prior Bonds as provided in this paragraph.  Upon receipt of the proceeds of sale of the Bonds the accrued interest and premium, if any, shall be deposited in the Debt Retirement Fund for the Bonds.  From the proceeds of the Bonds there shall next be set aside a sum sufficient to pay the costs of issuance of the Bonds in a fund designated the 2005 Refunding Bond Issuance Fund.  Moneys in the 2005 Refunding Bond Issuance Fund shall be used solely to pay expenses of issuance of the Bonds.  Any amounts remaining in the 2005 Refunding Bond Issuance Fund after payment of issuance expenses shall be transferred to the Debt Retirement Fund for the Bonds.

The balance of the proceeds of the Bonds together with any moneys transferred by the City at the time of sale of the Bonds from the debt retirement funds for the Prior Bonds and any other available funds of the City, shall be invested in direct obligations of or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing (the “Escrow Funds”) and used to pay principal, interest and redemption premiums on the Prior Bonds.  The Escrow Funds and the Cost of Issuance Fund shall be held by an Escrow Agent (the “Escrow Agent”) in trust pursuant to an Escrow (the “Escrow”) which shall irrevocably direct the Escrow Agent to take all necessary steps to call any Prior Bonds specified by the City upon sale of the Bonds for redemption, including publication and mailing of redemption notices, on any date specified by the City the respective series of Prior Bonds may be called for redemption.  The investment held in the Escrow Funds shall be such that the principal and interest payments received thereon will be sufficient, without reinvestment, to pay the principal, interest and redemption premiums on the Prior Bonds as they become due pursuant to maturity or the call for redemption required by this paragraph.  Following establishment of the Escrow Funds, any amounts remaining in the debt retirement funds for the Prior Bonds shall be transferred to the Debt Retirement Fund for the Bonds.

The City Finance Director or designee is authorized, subject to final approval of this Council, to select an Escrow Agent to serve under the Escrow.

3.         The Bonds shall be issued in the final principal amount determined upon sale and shall mature or be subject to mandatory redemption in the amounts determined upon sale of the Bonds.  The Bonds shall otherwise be subject to redemption at the times, in the manner and at the prices determined upon sale of the Bonds.

4.         In order to achieve the maximum efficiencies and flexibility of sale and lower interest costs it is hereby determined to offer the refunding bonds by means of private negotiation.  The City Manager and Finance Director be and are hereby authorized to select and retain a bank or financial firm to underwrite the sale of the refunding bonds. The City Manager is authorized, subject to final approval of this Council to negotiate a Bond Purchase Agreement with the Purchaser.

5.         The City Manager and Finance Director are authorized to approve circulation of a Preliminary Official Statement describing the Bonds.

6.         The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the “Rule”) and appoints the City Finance Director as its Disclosure Representative in accordance with the Rule.  The City Finance Director is hereby directed to provide continuing and annual disclosure in accordance with the Rule.

 7.        The officers, agent and employees of the City are authorized to take all other actions necessary and convenient to facilitate sale of the Bonds including the purchase of the Escrow Funds by the Escrow Agent.

8.         If applicable, the Bonds may be designated as “qualified tax exempt obligations” in accordance with Section 265(b)(3) of the Internal Revenue Code of 1986. as amended.

9.         All resolutions and part of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion ADOPTED.)

 

REAPPOINTMENT OF PLANTE AND MORAN AS INDEPENDENT AUDITORS

Director of Fiscal Services David Keenan presented information on reappointing Plante and Moran as the City’s independent auditors.  Fay Wood, 3501 Bay City Road, spoke regarding the City’s efforts to save money.  The following resolution was then offered by Councilman Johnson and seconded by Councilman McKeag:

 

RESOLVED, that independent auditing services are determined to be professional services within the purview of Section 2-19 of the Midland Code of Ordinances and, as such, do not require sealed competitive bids; and

RESOLVED FURTHER, that 2005, the final year of the existing three-year extension with Plante and Moran, PLLC shall be amended to include $5,000 for GASB 34 procedures, $2,500 for SAS 99 procedures,  and $2,000 for report writing; and

RESOLVED FURTHER, that the public accounting firm of Plante and Moran, PLLC is hereby reappointed as the City’s independent auditors for the fiscal years ended June 30, 2006, 2007 and 2008.  The total fee shall be the 2005 fee of $57,300 increased annually, beginning in 2006, by the Proposal A taxable value increase factor or three percent, whichever is less; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $5,000, for years 2005 through 2008.  (Motion ADOPTED.)

 

GRANT APPLICATION – VOTING EQUIPMENT

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

 

WHEREAS, the Midland City Council wishes to apply to the Secretary of State for a grant to purchase an optical scan voting system and related Election Management System (EMS) software to comply with the Help America Vote Act (HAVA); and

WHEREAS, the Midland City Council has chosen to submit a grant application for a new optical scan voting system in 2005; now therefore

RESOLVED, that the Midland City Clerk is authorized to submit said grant application on behalf of the City of Midland, Midland County.  (Motion ADOPTED.)

 

DOG PARK

Director of Public Services Martin McGuire presented a report on a $40,000 donation to the City of Midland for the construction of a Dog Park in Chippewassee Park.  Paula Jurado, 4623 Washington Street, spoke in support of the park.  James Reigler, 1905 Airfield Lane, spoke in opposition to the park and encouraged the Council to table the item for further research.  Fay Wood, 3501 Bay City Road, encouraged that the purchase of a dog license be a requirement for use of the dog park.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the Master Plan for Parks and Recreation includes an action step in reference to a Dog Park; and

WHEREAS, staff has met with interested citizens and developed a proposal to construct a nine acre Dog Park within Chippewassee Park; and

WHEREAS, a donor, who wishes to remain anonymous, has offered to donate $40,000 over four years to fund such a project; and

WHEREAS, the Parks and Recreation Commission has considered the proposal and voted 4-2 to recommend that City Council accept the generous gift and authorize construction of the Dog Park; now therefore

RESOLVED, that the City Council hereby accepts the gift of $40,000 from a donor who wishes to remain anonymous; and

RESOLVED FURTHER, that the Dog Park project in Chippewassee Park is authorized.  (Motion ADOPTED.  Yeas:  Black, Johnson, McKeag, Rokosz   Nays:  Myers)

 

REECE COMMUNITY LIVING ENDEAVOR – NON-PROFIT RECOGNITION

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

 

RESOVLED, that the request from The Reece Community Living Endeavor of the City of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for           approval.  (Motion ADOPTED.)

 

MICHIGAN MAIN STREET PROGRAM AGREEMENT

Downtown Development Authority Executive Director Christin O’Callaghan presented a resolution to enter into an agreement with the Michigan Economic Development Corporation for participation in the Michigan Main Street Program.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

WHEREAS, the Downtown Development Authority has applied for and received approval to enter into the Michigan Main Street Program; and

WHEREAS, on April 25, 2005 the City Council authorized the Mayor to sign a letter of support for the program; and

WHEREAS, the Michigan Economic Development Corporation requires a Michigan Main Street Community Requirements and Expectation Agreement to enter into the Michigan Main Street Program; and

WHEREAS, the Agreement has been reviewed and approved by the City Attorney; now therefore

RESOLVED, that the City Manager is authorized to execute the Michigan Main Street Community Requirements and Expectation Agreement therefore in accord with the Michigan Main Street Program.  (Motion ADOPTED.)

 

CELEBRATION DAY EVENT

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

 

RESOLVED, that the request from the Downtown Development Authority to conduct a Celebration Day event on Monday, July 25, 2005, from 5:00 – 9:00 p.m. in downtown Midland, is hereby approved subject to the following conditions:

  • A minimum 12’ wide fire lane on all streets affected by the event must be maintained.
  • The area adjacent to any door used for egress from a building shall be kept clear of obstructions.
  • The immediate areas adjacent to fire hydrants and building fire department sprinkler/standpipe connections shall be kept clear (a three foot radius).
  • Barrier free access of 5’ must be maintained on all affected sidewalks.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

WASHINGTON WOODS STANDBY ELECTRIC GENERATORS

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

 

WHEREAS, Washington Woods is a three-story, 214 unit senior housing facility with an average resident age of 85 years, and when there is an electric power outage at the facility the elevators and food storage and preparation equipment that the residents rely on will not operate; and

WHEREAS, assistance was sought from the City’s Wastewater staff to write the specifications, and to bid and install two generators at Washington Woods, one at the east side and one at the west side of the facility; and

WHEREAS, sealed bids for Bid No. 2865, Standby Electric Generators, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bids have been reviewed by Wastewater staff and the low bid submitted by W.W. Williams, Inc. of Saginaw is rejected because the generator units do not meet the City’s specifications for sound attenuation of 69 dB(A) at a radius of 7 meters; and

WHEREAS, the low compliant bid was received from Bridgeway Power of Traverse City to provide  one Cummins 85GGHG and one Cummins OTEC ATS model generator, and is sufficient to meet the City's specifications and;

WHEREAS, funding for the purchase of the generators has been provided by a Community Development Block Grant and was budgeted in the fiscal 2004/05 Washington Woods fund account #536-9120-912.97-25 – Capital Equipment, and will be encumbered; now therefore

RESOLVED, that the low compliant bid submitted by Bridgeway Power of Traverse City in the amount of $46,892.00 is hereby accepted and issuance of a purchase order is authorized.  (Motion ADOPTED.)

 

BOOK ORDERING AND PROCESSING SERVICES – LIBRARY

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Co. was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Co. has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2005/2006; now therefore

RESOLVED, that the current contract with Brodart Co. for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2005/2006 in an amount not to exceed $325,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

PERIODICAL AND NEWSPAPER SUBSCRIPTION SERVICES – LIBRARY

The following resolution was 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 periodical and newspaper subscription services for the Grace A. Dow Memorial Library; and

WHEREAS, the proposal submitted by EVA Subscription Services is the lowest bid; and

WHEREAS, funding is available in the 2005/2006 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2869 submitted by EVA Subscription Services for periodical and newspaper subscription services for the Grace A. Dow Memorial Library in an amount not to exceed $24,000 is hereby accepted and the necessary purchase order authorized.  (Motion ADOPTED.)

 

FIBER ELECTRONICS FOR THE M.Co.Net FIBER NETWORK

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

 

WHEREAS, City Council previously approved participation in the M.Co.Net consortium in January 2003; and

WHEREAS, funds have been budgeted in the 2004-05 Information Services budget for capital purchases related to electronics equipment to attach to the fiber network; now therefore

RESOLVED, that the City Council hereby authorizes payments to SKJ Corporation of Madison Heights, Michigan in the amount of $174,169.42 for fiber electronics, and a purchase order is authorized.  (Motion ADOPTED.)

 


NEW BUSINESS

 

AVIATION ADVISORY COMMISSION – BILTZ RESIGNATION

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

 

RESOLVED, that Midland City Council hereby accepts the resignation of George Biltz from the Aviation Advisory Commission.  (Motion ADOPTED.)

 

AVIATION ADVISORY COMMISSION – WOODRUFF APPOINTMENT

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

 

RESOLVED, that Nathaniel Woodruff is hereby appointed as a pilot representative member of the Aviation Advisory Commission to fill a term expiring June 30, 2006.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 10:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk