July 25, 2005

A regular meeting of the City Council was held on Monday, July 25, 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

MINUTES

Approval of the minutes of the July 11, 2005 special and regular meetings was offered by Councilman Myers and seconded by Councilman McKeag. (Motion ADOPTED.)

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, requested Council encourage downtown businesses to offer incentives to promote volunteer collection of litter from the riverbanks.

Gary Pasek, 4305 Brambleridge Lane, spoke regarding the MCV tax appeal.

John Rapanos, 1012 W. Sugnet Road, spoke regarding Northeast Little League and their opportunities for a State championship.

BROADHEAD ESTATES NO. 2 FINAL PLAT

City Planner Daryl Proprave presented for Council approval the final plat of Broadhead Estates No. 2. The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

WHEREAS, the Final Plat of Broadside Estates No. 2 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Broadside Estates No. 2, in accordance with Section 23-18 of the Code of Ordinances of the City of Midland, contingent upon installation of a 32’ radius temporary cul-de-sac capable of supporting a 60,000 pound vehicle at the end of Broadhead Drive ; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City. (Motion ADOPTED.)

SIGN ENFORCEMENT REPORT

City Attorney James O. Branson, III presented a report on sign enforcement issues within the City of Midland. Derek Harrison, 705 Fitzhugh Street, spoke in opposition to the City’s rigorous enforcement of this code. Maureen Donker, 1312 Helen Street, spoke in opposition to the citations issued in response to misplaced garage sale signs. Virginia Schuelke, 4110 Oakridge Drive, encouraged revision of the ordinance in favor of a more reasonable and fair sign ordinance that does not discriminate against garage sales. Larry Schuelke, 4110 Oakridge Drive, questioned why the current ordinance discriminates against garage sales while supporting real estate businesses and Parade of Homes events. Stephanie Spence, 1232 Holyrood Street, encouraged better communication of the requirements of the sign ordinance and shared her opinion that garage sales benefit the underprivileged in the community. The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

WHEREAS, on July 11, 2005 the City Council directed the City Attorney to present a staff report regarding sign enforcement issues; and

WHEREAS, the City staff has prepared a report regarding sign enforcement issues; now therefore

RESOLVED, that the City Council hereby accepts the staff report regarding sign enforcement issues. (Motion ADOPTED.)

CITY-OWNED PROPERTIES AS POTENTIAL JAIL SITES

Assistant City Manager Jack Duso presented a request from the County Administrator/Controller for the City’s review of City-owned properties that have been proposed as potential sites for the County jail. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, that the July 11, 2005 letter from the County Administrator/Controller regarding five City-owned properties mentioned by the county’s Jail Site Section Advisory Committee be referred to the Parks and Recreation Commission, the Aviation Advisory Commission and the West Main Street Historic District Commission for their review and recommendation to be submitted to the City Manager’s office by not later than August 3; and

RESOLVED FURTHER, that the City Manager is hereby directed to prepare a report on this request and a recommendation on whether the previous City Council resolution on the extension of sanitary sewer service to alternative jail sites outside the City should be reaffirmed. (Motion ADOPTED.)

2005 DART BUDGET AMENDMENT

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

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland is providing a local transportation program for the state fiscal year 2005 and, applied for state financial assistance under provisions of Act 51; and

WHEREAS, the Michigan Department of Transportation has requested that all transportation agencies that receive state financial assistance under Act 51 submit a mid-year revised budget to be used to reallocate funding based on unanticipated increases in expenses relating to the transportation business statewide; and

WHEREAS, the amended Dial-A-Ride budget for fiscal year 2005 includes an estimated $526,715 in state operating assistance funds; and an estimated $142,396 in federal 49 USC 5311 operating assistance funds; and

WHEREAS, the Dial-A-Ride budget remains balanced with $115,000 in anticipated fare revenue; and an anticipated subsidy of $599,951 from the General Fund; now therefore

RESOLVED, that the City of Midland hereby makes its intentions known to provide public transportation services and to amend the original fiscal year 2005 application for state and federal financial assistance in accordance with Act 51. The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the mid-year budget submittal process. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER S-05-04

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

RESOLVED, that Traffic Control Order No. S-05-04 filed May 16, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Clay Street shall yield to Hancock Street.

is hereby made permanent. (Motion ADOPTED.)

LABOR AGREEMENT - STEELWORKERS

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

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the United Steelworkers of America, Local 14009, for labor contract changes effective July 1, 2005 and expiring June 30, 2009; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the budget to implement the wage and benefits changes identified in the contract. (Motion ADOPTED.)

2005 SAGINAW ROAD WATER MAIN REPLACEMENT

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of the water main on Saginaw Road from Perrine Road to Main Street; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by C.J.’s Excavating, Inc. of Cadillac, Michigan, for the "2005 Saginaw Road Water Main Replacement; Contract No. 11", in the indicated amount of $110,950.12, 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.)

HOCKEY SHOP INVENTORY – EASTON SPORTS

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

WHEREAS, the City operates a hockey supply shop in the Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2005-06 Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order #18312 to Easton Sports, Inc. of Atlanta, Georgia up to the amount of $50,000 for the purchase of hockey shop inventory items. (Motion ADOPTED.)

HOCKEY SHOP INVENTORY – BAUER NIKE HOCKEY USA

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

WHEREAS, the City operates a hockey supply shop in the Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2005-06 Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order #18313 to Bauer Nike Hockey USA of Chicago, Illinois up to the amount of $30,000 for the purchase of hockey shop inventory items. (Motion ADOPTED.)

SOUND SYSTEM FOR NEW CIVIC ARENA

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase and installation of a sound system at the new Civic Arena, Bid No. 2870; and

WHEREAS, funding for the new sound system is included in the Civic Arena Project; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sound Engineering, Inc. of Flint, Michigan in the amount of $66,950.00 for the purchase and installation of a sound system at the new Civic Arena, in accordance with the proposal and city specifications. (Motion ADOPTED.)

2005 SIDEWALK REPLACEMENT PROGRAM

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the 2005 Sidewalk Replacement Program, Bid No. 2873; and

WHEREAS, funding for this project in the amount of $100,000.00 is included in the 2005-06 Fiscal Year General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sugar Construction of Midland, Michigan, not to exceed the amount of $100,000.00 for sidewalk replacement from July 2005 through December 2005, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in aggregate up to $20,000 should additional funding become available. (Motion ADOPTED.)

AUTOMATED SERVICES FROM VALLEY LIBRARY CONSORTIUM

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

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; and

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

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2005/2006 requirements for on-line automation services, including membership, staff training, system upgrades, and records database maintenance for the automated acquisition, catalog, and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $100,000 and the necessary purchase order authorized. (Motion ADOPTED.)

SERVICES FROM MIDEASTERN MICHIGAN LIBRARY COOPERATIVE

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

WHEREAS, the Mideastern Michigan Library Cooperative provides a necessary and valuable service to the library; and

WHEREAS, said services are not offered through other organizations; and

WHEREAS, funding for these services is provided in the 2005/2006 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of services from the Mideastern Michigan Library Cooperative for the Grace A. Dow Memorial Library is hereby approved in an amount not to exceed $45,000 and the necessary purchase order authorized. (Motion ADOPTED.)

ELECTRONIC ON-LINE SERVICES & BOOKS FROM THOMPSON GALE

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

WHEREAS, Thomson Gale of Farmington Hills, MI is the sole vendor of the electronic on-line services and books that are necessary in the provision of library services; and

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

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic on-line services and books from Thomson Gale is hereby approved in an amount not to exceed $55,000 and the necessary purchase order authorized. (Motion ADOPTED.)

SECOND WHEEL LOADER LEASE AND MAINTENANCE CONTRACT

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

WHEREAS, the Landfill utilizes two articulated wheel loaders in its daily operations; one is used primarily in the fill area, and one is used for site ground maintenance and composting; and

WHEREAS, in July 2004 sealed bids were received and opened for Bid No. 2784, Wheel Loader Three-Year Lease to replace a leased loader that was to expire December 2004; and

WHEREAS, the bid proposal submitted by AIS Construction Equipment Corporation (AIS) of Bridgeport for one (1) Komatsu WA380-5 articulated wheel loader in the amount of $35,268.00 per year ($105,804.00 total lease) was accepted and authorized by Council on August 23, 2004; and

WHEREAS, the Landfill currently owns a 1997 Cat 950 FII loader that now needs to be replaced, and Landfill staff has determined that the previously accepted Komatsu loader is sufficient for the needs of the Landfill; and

WHEREAS, since the market cost of new heavy equipment has increased significantly in recent months staff recommends that a second Komatsu unit be leased to replace the Cat loader based on the July 2004 bid selection criteria; and

WHEREAS, sufficient funds are available in the 2005/06 Landfill fund account #517-8110-811.94-11 for the initial annual lease and preventive maintenance payment of $35,268.00; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the lease and preventive maintenance contract with AIS, and authorizes annual payments of $35,268.00 (total of $105,804.00 for the term of lease), subject to approval by the City attorney, for one (1) Komatsu WA380-5 articulated wheel loader. (Motion ADOPTED.)

ASHMAN CIRCLE SEWER LINING REPAIR

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

WHEREAS, this past spring Utilities staff were contacted by City’s Department of Public Services regarding a sink hole forming over an 18-inch sanitary sewer in the parking area of Ashman Circle; and

WHEREAS, video taping of the sewer line revealed that two stretches of pipe totaling approximately 376 feet had failing risers and numerous cracked pipe; and

WHEREAS, the sanitary sewer pipe is buried 12 feet beneath sidewalk and parking lot, and extends across three lanes of Ashman Street, making it costly and disruptive to dig and replace the pipe, and staff determined that lining the sewer is the most economical and least disruptive method; and

WHEREAS, in November 2001 sewer liner repairs were bid, resulting in Council approval of a pricing structure submitted by Insituform Technologies USA, Inc. of Detroit, based on length and diameter of the repair, and is being honored for this lining project; and

WHEREAS, the total estimated cost of $25,688.00 for lining 376 feet of sewer pipe in the parking area of Ashman Circle includes $23,688.00 (376 lft. x $63.00/lft.) and $2,000.00 for the reinstatement of sewer laterals; and

WHEREAS, funding is available in the 2005/06 Wastewater Fund, account #590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that a purchase order is hereby authorized to Insituform Technologies USA, Inc. in the amount of $25,688.00; and

RESOLVED FURTHER, that the City Manager is authorized to make changes to this purchase order in an aggregate amount not to exceed $2,000.00. (Motion ADOPTED.)

STREAMING VIDEO PURCHASE

Assistant City Manager Jack Duso gave a presentation on streaming video of City Council meetings and meetings of boards and commissions currently being cablecast on MGTV-5. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

WHEREAS, the City Council has adopted a goal of providing streaming video of City Council meetings and boards and commissions that are cable cast; and

WHEREAS, sufficient funding for this purchase has been budgeted in the Cable Communications Fund; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances sealed proposals are hereby determined to be impractical and are therefore waived for the reason that Granicus, Inc. of San Francisco, CA is the sole provider of a turnkey streaming video system, and a purchase order is authorized in the amount of $17,950; and

RESOLVED FURTHER, that an additional purchase order is authorized in the amount of $3,400 for the purchase of a dedicated streaming video server. (Motion ADOPTED.)

SWEDE AVE & PATRICK ROAD IMPROVEMENTS – GIFT & BUDGET AMENDMENT

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

WHEREAS, The Dow Chemical Company has expressed an interest to donate funding in the amount of $29,000 to pay for the installation of concrete curbs along Swede Avenue north of Haley Street and to install a right turn lane on Patrick Road at Swede Avenue; now therefore

RESOLVED, that the City Council hereby accepts the gift of $29,000 from The Dow Chemical Company; and

RESOLVED FURTHER, 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, August 8, 2005, in the Council Chambers of City Hall on the proposal to amend the Major Street Fund’s 2005-06 budget to increase revenues by $29,000 to recognize the aforementioned gift, and increase expenditures by $29,000 to fund the construction costs. (Motion ADOPTED.)

CLOSED SESSION

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

RESOLVED, that in accord with Section 8(d) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consider the purchase of real property. (Motion ADOPTED by a Roll Call Vote.)

Being no further business the meeting adjourned to a closed session at 9:06 p.m.

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Selina Tisdale, City Clerk