September 19, 2005

 

A regular meeting of the City Council was held on Monday, September 19, 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 September 12, 2005 regular meeting was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

INVESTING IN ABILITIES WEEK

City Clerk Selina Tisdale introduced Midland Action Chapter of the National Association of the Physically Handicapped (NAPH) President Jim Smith, Recording Secretary/Treasurer Brenda Smith, and NAPH National Director Albert Ost.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating October 3 - 8, 2005, as Investing in Abilities Week in Midland.  (Motion ADOPTED.)  Mayor Black presented them with the proclamation.

 

FIRE PREVENTION WEEK

Battalion Chief John Haag gave an overview of events planned by the Midland Fire Department during the week of October 9-15, 2005, to recognize Fire Prevention Week in Midland.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 9 - 15, 2005, as FIRE PREVENTION WEEK in Midland.  (Motion ADOPTED.)  Mayor Black presented Battalion Chief John Haag with the proclamation.

 

PUBLIC COMMENTS

No public comments were made.

 

SAG/MID MUNICIPAL WATER SUPPLY CORPORATION REVENUE BONDS

Utilities Director Noel Bush introduced Saginaw Midland Municipal Water Supply Corporation Manager Michael Quinnell, who presented information on the request to issue up to $3 million in revenue bonds for the design and construction of a piping improvements project at the Junction Station Plant.  Lewis Mulford, 800 Linwood Drive, commented on the proposal and inquired about deficiencies in the system.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City of Midland, Counties of Bay and Midland, the City of Saginaw, County of Saginaw, each municipal corporations of the State of Michigan (the “Local Units”) and the Saginaw-Midland Municipal Water Supply Corporation, a public corporation formed pursuant to Act 233, of the Public Acts of 1955, as amended (“Act 233”) have entered into a contract, dated April 5, 1965 (the “Base Contract”); and

WHEREAS, said Base Contract provides that the cost of enlargements and improvements to the water supply system operated by The Saginaw-Midland Municipal Water Supply Corporation (the “Corporation”) for the benefit of the Local Units be allocated to the Local Units on the basis of 23/43 to the City of Saginaw and 20/43 to the City of Midland; and

WHEREAS, said Base Contract further provides that each of the Local Units will cooperate in the acquisition and financing of such additional enlargements and improvements in accordance with the Base Contract and Act 233; and

WHEREAS, it is now deemed necessary to acquire, construct and finance improvements to the water supply system operated by the Corporation for the benefit of the Local Units; and

WHEREAS, a contract supplement entitled “2005 Revenue Contract Supplement” has been prepared and presented to this City Council or its review and consideration.

NOW, THEREFORE, BE IT RESOLVED:

1.            That the 2005 Revenue Contract Supplement, dated as of January 1, 2005, between the Corporation and the Local Units  attached hereto and made a part hereof with respect to the acquisition, construction and financing of improvements to the water supply system operated by the Corporation on behalf of the Local Units, is hereby approved, ratified and confirmed and the Mayor and City Clerk are hereby authorized and directed to execute, seal and deliver the same for and on behalf of the City of Midland.

2.            That the City Council also hereby approves the plans for such improvements and the estimates of not more than $3,000,000 as the cost thereof and forty (40) years as the period of usefulness thereof.

3.            That the City Council ratifies and affirms the City’s pledge of its limited tax full faith and credit as secondary security for the payment of its allocable share of the principal and interest of bonds to be issued by the Corporation to finance such improvements and covenants to pay same from its general funds as a first budget obligation or to levy taxes within its charter tax rate limitation beginning with calendar year 2006 should other revenues and funds for this purpose be insufficient.

4.            That the notice of intent giving rise to a right of referendum as adopted and published by the Corporation be and is hereby acknowledged by the City and the City Clerk be and is hereby directed to receive any such petition for referendum which are proper as to form and are timely filed.

5.            That the 2005 Revenue Contract Supplement may in executed in such number of counterparts as may be desirable and that a copy of such contract as presented to the City Council as herein approved shall be placed on file with the City Clerk and made available for examination by any interested person during normal business hours during the pendency of any referendum period as may be in effect regarding the issuance of the Corporation’s bonds relating to the project referenced in said contract.

6.            The City Manager be and is hereby authorized to file an application to issue a long term security with the Michigan Department of Treasury.  (Motion ADOPTED.)

 

WATER MAIN EASEMENT AGREEMENT (RAPANOS)

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

 

RESOLVED, that the attached Easement Agreement from Nicolaos A. Rapanos and Elaine D. Rapanos to the City of Midland, for the area occupied by the existing 36” water main on the south side of Bay City Road across the Valley Plaza Resort property west of US-10 in Section 19, Township 14 North, Range 3 East, is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 

HAY RIDE – MIDLAND COMMUNITY CENTER

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

 

RESOLVED, that the request from the Midland Community Center seeking permission to conduct a Hay Ride on Friday, October 7, 2005, from 6:00 – 8:00 p.m., utilizing the public rights of way, is hereby approved subject to the following conditions:

; and

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

 

ELECTRONIC DOCUMENT IMAGING SOFTWARE PURCHASE

Information Services Director John Birchmeier presented information on the purchase of electronic document management software and services.  Janet Kummeth, 5611 Woodberry Court, inquired about hardware purchases and backup server space.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

WHEREAS, funds have been budgeted in the 2004-05 and 2005-06 Information Services budget for capital purchases related to electronic document management hardware/software/services; now therefore

RESOLVED, that the City Council hereby awards the contract to Advanced Processing & Imaging of Deerfield Beach, Florida in the amount of $152,325.00 for software, maintenance and implementation services, and the Mayor and City Clerk are authorized to sign the contract.  (Motion ADOPTED.)

 

EASTMAN AVE TRAFFIC STUDY AGREEMENT – AMENDMENT NO. 2

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

 

WHEREAS, DLZ was retained in March 2005 to perform traffic study and analysis to improve traffic flow on Eastman Avenue in the area of the Midland Mall; and

WHEREAS, DLZ progress on the project has determined that study of Joe Mann Boulevard and Jefferson Avenue between Joe Mann Boulevard and Wackerly Street is required, along with the Eastman study, to determine the best overall solution to area traffic improvements; now therefore

RESOLVED, that City Council authorizes the City Manager to approve Amendment 2 to DLZ Michigan, Inc. Agreement for Professional Services in the amount of $33,000 for said additional work; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders further modifying or altering said agreement in an amount not to exceed $10,000.  (Motion ADOPTED.)

 

SNOW & ICE CONTROL SALT PURCHASE

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

 

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 2005-06 budgeted sum for this purpose.  (Motion ADOPTED.)

 


CIVIC ARENA CONTRACT CHANGE ORDER

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

 

WHEREAS, change issues have come up in the construction of the Civic Arena totaling $55,761; and

WHEREAS, funding is available within the project fund for the changes; and

WHEREAS, City Council was notified that the projects are in progress or completed so as not to delay the overall project; now therefore

RESOLVED, that the Director of Public Services is authorized to execute changes related to the trophy case and sales counter, the conduit for the sound system and the mezzanine in the contract with Three Rivers Corp totaling $55,761.  (Motion ADOPTED.)

 

DOW CORNING IFT APPLICATION

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

 

RESOLVED, that an application dated August 12, 2005 was received August 12, 2005, from the Dow Corning Corporation, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within the Dow Corning Corporation Industrial Development District, the Dow Corning Corporation Plant Rehabilitation District and the Dow Corning 321 Plant Rehabilitation District, relating to the purchase of both real and personal property at the Midland Plant to upgrade the Specialty Chemical businesses three major supply chains, with the real property component being  $215,000, the personal property component being  $7,805,965, and the total project having a cost of $8,020,965, and being expected to retain five existing jobs and create two new jobs within two years of project completion, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 10, 2005, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

NEW BUSINESS – OPPOSITION TO REDUCTIONS IN STATE BUDGETS

Assistant City Manager Jack Duso presented information on the reductions in State budgets for the Department of Labor and Economic Growth and Development and the Department of State Police and the negative effect that this loss of funding would have on the City of Midland.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, as a result of the state general fund shortage and commitments to other programs, state funding for programs such as fire fighter training, law enforcement training (MCOLES), fire investigation and the increase for fire protection grants is in serious jeopardy; and

WHEREAS, the budget for the Department of Labor and Economic Growth which contains the fire fighter training and fire protection grant programs and the Department of State Police which houses the fire investigation unit and law enforcement training through MCOLES are affected; and

WHEREAS, the loss of funding in the Department of Labor and Economic Growth, which is used for the training courses provided by the Michigan Fire Fighters Training Council, would be a serious blow to fire departments statewide by making it difficult to obtain Fire Fighter I and II certification which is a City of Midland requirement to apply for the position of a fire fighter; and

WHEREAS, the loss of funding in the Department of State Police for the Michigan Commission on Law Enforcement Standards (MCOLES) would result in the virtual halt of training for law enforcement officers across the state; and

WHEREAS, final decisions will be made by the budget conference committees on Tuesday, September 20; now therefore

RESOLVED, that the City Council of the City of Midland hereby opposes the reduction of funding in the Department of Labor and Economic Growth and the Department of State Police and urges the members of the budget committees to support funding for these important public safety programs; and

RESOLVED FURTHER, that the City Manager is hereby authorized and directed to send a letter to members of the budget committees, Senator Tony Stamas, and Representative John Moolenaar expressing the City Council’s position.  (Motion ADOPTED.)

 

CLOSED SESSION

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

 

RESOLVED, that in accord with Section 8(e) 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 consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation, specifically Jones vs. City of Midland which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion ADOPTED by a Roll Call Vote.)

 

Being no further business the meeting adjourned to a closed session at 8:02 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk