August 28, 2006

 

A regular meeting of the City Council was held on Monday, August 28, 2006, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Myers presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

Bruce Johnson

 

MINUTES

Approval of the minutes of the August 14, 2006, regular meeting was offered by Councilman Adams and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

2006-07 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Department of Public Services Director Martin McGuire introduced an amendment to the 2006-07 Equipment Revolving Fund Budget for Capital Outlay – Vehicles, to recognize an increase in the purchase price of a sewer vacuum truck and an equivalent increase in revenue received from the trade-in of the old unit and also presented a report approving the purchase of a sewer vacuum/jetter truck.  A public hearing opened at 7:05 p.m., recognizing no public comments, the hearing closed at 7:05 p.m.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

WHEREAS, 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 Monday, August 28, 2006, on the proposal to amend the 2006-07 financial working plan of the Equipment Revolving Fund to recognize the additional expense of replacing the sewer vacuum/jetter truck unit #3-60 that is scheduled for replacement this fiscal year and to recognize the resulting increase in revenue from a higher than anticipated trade-in offer from the vendor; and

WHEREAS, there are sufficient funds in the Equipment Revolving Fund working capital account to cover the remaining cost of the replacement vehicle; now therefore

RESOLVED, that the 2006-07 financial working plan of the Equipment Revolving Fund is hereby amended to increase expenses by $37,000 for the purchase of a new sewer vacuum/jetter truck, and to increase revenues by $37,000 to recognize the increased trade-in value offered by the vendor.  (Motion ADOPTED.)

 

SEWER VACUUM/JETTER TRUCK PURCHASE

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

 

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 Sewer Vacuum/Jetter Truck, Bid No. 2955; and

WHEREAS, funding for the new truck is included in the 2006-07 Equipment Revolving Fund budget for Capital Outlay - Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Jack Doheny Supplies, Inc. of Northville, Michigan in the net amount of $219,610.00 for the purchase of a sewer vacuum/jetter truck, including trade-in of City unit #3-60, in accordance with the proposal and city specifications. (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 


ONE-DAY LIQUOR LICENSES FOR CURRIE GOLF COURSE

Director of Public Services Martin McGuire introduced a resolution authorizing staff to apply for one-day liquor licenses for September 13 with a rain-date of September 19, 2006, to be used in conjunction with the Midland Area Chamber of Commerce Golf Outing at Currie Golf Course.   The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, in March of 2005, after considerable research, City Council granted approval to the staff to pursue up to five one day liquor licenses for use in 2005 at Currie Golf Course in conjunction with golf outings; and

WHEREAS, there were no requests for such licenses in 2005; and

WHEREAS, a request has been received for 2006; now therefore

RESOLVED, that the Director of Public Services is hereby authorized to apply for one day liquor licenses from the Michigan Liquor Control Commission for Sept. 13, 2006 and Sept. 19, 2006 to be used in conjunction with the Chamber of Commerce Golf Outing at Currie Golf Course.  (Motion ADOPTED.)

 

ANNUAL SURPLUS EQUIPMENT AUCTION

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

 

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the “2006 Auction List” attached, along with additional items identified by City Staff, as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, September 16, 2006.  (Motion ADOPTED.)

 

CHECK SIGNING AUTHORIZATION UPDATE

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

 

WHEREAS, Section 11.9 of the City Charter provides that all checks drawn from the treasury shall be signed by two officers of the City to be registered by resolution of the City Council; and

WHEREAS, Jon J. Lynch was recently appointed by City Council as the City Manager of the City of Midland; now therefore

RESOLVED, that effective September 1, 2006, all checks drawn against the City treasury shall be signed by Jon J. Lynch, City Manager, and Sandy Marshall, City Treasurer.   (Motion ADOPTED.)

 

2006 ANNUAL FINANCIAL STATEMENTS & AUDITOR’S REPORT – SAGINAW/MIDLAND MUNICIPAL WATER SUPPLY CORP 

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 2006, with comparative figures for June 30, 2005, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 


PURCHASE OF PERSONAL COMPUTERS

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

 

WHEREAS, the City requires the replacement of personal computers; and

WHEREAS, the City participates in the contract between the Regional Educational Media Center of Michigan and the Hewlett Packard Company which has resulted in the most favorable pricing; and

WHEREAS, sufficient funding exists in account 637-8110-811.76-71, Computer Hardware, in the 2006-07 Data Processing Computer Rental Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the Hewlett Packard Company in the amount of $57,401.28 for the purchase of personal computers.  (Motion ADOPTED.)

 

ANNUAL SOFTWARE MAINTENANCE AGREEMENT

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

 

WHEREAS, the City requires annual software maintenance; and

WHEREAS, sufficient funding exists in account 636-8110-811.93-67, HTE Maintenance, in the 2006-07 Data Processing Operations Fund; now therefore

RESOLVED, that payment is authorized to Sungard HTE in the amount of $89,533.60.  (Motion ADOPTED.)

 

2006 STRATFORD WOODS PARKING LOT RECONSTRUCTION; CONTRACT NO. 22

The following resolution was offered by Councilman Adams 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 reconstruction and resurfacing of the existing parking lot and paved walkway from the parking lot to the bath house at Stratford Woods Park; and

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

RESOLVED, that the low sealed proposal submitted by Saginaw Asphalt Paving Company, Inc. of Saginaw, Michigan, for the "2006 Stratford Woods Parking Lot  Reconstruction; Contract No. 22", in the indicated amount of $136,110.00, 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.)

 

TRAFFIC SIGNAL UPGRADES AND LED EQUIPMENT

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

 

WHEREAS, the City of Midland is in the second year of the five-year LED implementation program and annually upgrades City traffic signal materials and equipment;  and

WHEREAS, the City of Midland desires to purchase the related items under State contract prices; and

WHEREAS, the cost for purchases to a single vendor for items indicated above is greater than $20,000; and

WHEREAS, Ordinance Section 2-18, requires that purchases to a single vendor over $20,000 shall be approved by City Council; and

WHEREAS, funding for this equipment is provided in the Major Street Maintenance Fund Budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders for said equipment under State Contract to a single vendor.  (Motion ADOPTED.)

 

JANITORIAL SERVICES – WATER PLANT

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

 

WHEREAS, the Water Treatment Plant (WTP) has over 100,000 square feet of floor space that is cleaned and maintained, including open and treatment areas of the plant, office spaces, the laboratory, shop area, locker rooms, and restrooms; and

WHEREAS, for the past twelve years WTP staff have been pleased with the reliability, commitment, and cost effective service that The Arnold Center of Midland special needs employees have provided, and would like to continue that business relationship; and

WHEREAS, the new requested rates for fiscal 2006/07 are $2,022.00 per month (July through September 2006), and $2,100.00 per month (October 2006 through June 2007) for a total annual cost of $24,966.00, representing a 3% increase over prior year; and

WHEREAS, funds are available for said purpose in the 2006/07 Water Fund account #591-8272-821.93-04 - Repairs and Maintenance / Janitorial Service; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and a purchase order is authorized for the Arnold Center of Midland in an amount not to exceed $24,966.00.  (Motion ADOPTED.)

 

BRASS FITTINGS PURCHASE

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

 

WHEREAS, sealed proposals (Bid No. 2964) have been advertised and received in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland for the purchase of Brass Water Service Fittings; and

WHEREAS, funding is provided by the Water Fund Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that the detailed proposal submitted by Municipal Supply Company of Luzerne, Michigan is hereby accepted and a purchase order is authorized for brass water service fittings in an amount not to exceed $32,000.00; and

RESOLVED FURTHER, that the City Manager is hereby authorized to make change orders in an aggregate amount not to exceed $5,000.00.   (Motion ADOPTED.)

 

WINDOW REPLACEMENT - LIBRARY

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

 

WHEREAS, the sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for window replacement at the Grace A. Dow Memorial Library; and

WHEREAS, the proposal submitted by the Midland Glass Company is the lowest bid; and

WHEREAS, funding is available in the 2006/2007 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal of Bid No. 2953 submitted by Midland Glass Company for window replacement at the Grace A. Dow Memorial Library in the amount of $20,415 is hereby accepted and the necessary purchase order authorized.  (Motion ADOPTED.)

 

NON-MOTORIZED TRAIL & LANDSCAPING – MDOT CONTRACT 06-5291

City Engineer Brian McManus introduced a resolution approving Michigan Department of Transportation (MDOT) Contract No. 06-5291 to construct a non-motorized trail adjacent to the landscaping work along BR-10 and setting a public hearing on an amendment to the 2006-07 Major Street Maintenance Fund budget to recognize revenue from outside contributors.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, a proposed Contract No. 06-5291 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the installation of a non-motorized trail and adjacent landscaping; and

WHEREAS, Contract No. 06-5291 is the second of two contracts for the related project, with the first contract approved by City Council on March 6, 2006; and

WHEREAS, the total estimated cost of the second contract is $677,700, of which cost shares for federal aid will be $284,600, for MDOT will be $91,925 and for the City of Midland will not exceed $301,175; and

WHEREAS, funding for the City cost share of Contract No. 06-5291 will be provided by private donations; and

WHEREAS, the City of Midland supports having described work completed; and

WHEREAS, the City Attorney has approved the proposed contract; and

WHEREAS, this contract is subject to receipt of said private donations and after necessary Major Street funds are made available through budget amendment; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 06-5291 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

PROPOSED 2006-07 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

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

 

RESOLVED, 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, September 18, 2006, in the Council Chambers of City Hall on the proposal to amend the Major Street Maintenance Fund’s 2006-07 budget to recognize $585,275 of revenues from private donations, and to increase appropriations by $585,275 to transfer additional funds to the Major Street Construction Fund.  (Motion ADOPTED.)

 

DOW CORNING IFT APPLICATION ($33,747,905)

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

 

RESOLVED, that an application dated July 7, 2006 was received July 7, 2006, 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, relating to the purchase of additional machinery and equipment for two of Dow Corning’s Core Products Businesses, the Organo Supply Chain is adding equipment to increase the capability to produce new products and the Trichlor Supply Chain is adding additional equipment to increase production of their Trichlorosilane material, with the total project having a cost of $33,747,905, and being expected to retain 239 existing jobs and create 4 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, September 25, 2006, 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.)

 

DOW CORNING IFT APPLICATION ($8,254,000)

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

 

RESOLVED, that an application dated July 13, 2006 was received July 14, 2006, 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, relating to upgrades to the Specialty Chemical Business chiller and to provide for the equipment necessary to increase capacity and implement productivity improvements in various areas of the Paper Coatings Supply Chain, with the total project having a cost of $8,254,000, and being expected to retain 15 existing jobs and create 4 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, September 25, 2006, 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.)

 

DOW CORNING IFT APPLICATION ($1,314,000)

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

 

RESOLVED, that an application dated July 21, 2006 was received July 21, 2006, 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, relating to a new vacuum system and cylinder stations for Dow Corning’s Electronics Business thereby allowing Dow Corning to produce high purity electronic materials to stay competitive in the marketplace, with the total project having a cost of $1,314,000, and being expected to create 2 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, September 25, 2006, 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.)

 


DOW CORNING IFT APPLICATION ($1,284,500)

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

 

RESOLVED, that an application dated July 22, 2006 was received July 26, 2006, 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, relating to the purchase of machinery and new equipment necessary for Dow Corning’s Rubber Business to add a new straining line and polymer highline to add capacity and flexibility in the airbag coating production process, with the total project having a cost of $1,284,500, and being expected to retain 24 existing jobs, 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, September 25, 2006, 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.)

 

DOW CORNING IFT APPLICATION ($7,126,000)

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

 

RESOLVED, that an application dated July 22, 2006 was received July 26, 2006, 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 and the Dow Corning Corporation Plant Rehabilitation District, relating to the addition of a site steam boiler to be located in the 400 block of Dow Corning’s Midland Plant, with the total project having a cost of $7,126,000, and being expected to help retain 924 existing jobs and create 2 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, September 25, 2006, 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.)

 

DOW CORNING IFT APPLICATION ($1,021,000)

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

 

RESOLVED, that an application dated July 22, 2006 was received July 26, 2006, 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 and the Dow Corning Corporation Plant Rehabilitation District, relating to various improvements at Dow Corning’s Midland Plant, including and electrical upgrade in Building 2702 and an upgrade to the service water return line in the 300 block, with the total project having a cost of $1,021,000, and being expected to help retain 924 existing jobs, 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, September 25, 2006, 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.)

 

PROPOSED 2006-07 CITY BUDGETS & FINANCIAL WORKING PLANS AMENDMENT

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

 

RESOLVED, 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, September 18, 2006, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2005-2006 fiscal year and to amend the financial working plans of the Civic Arena Fund, Landfill Fund, Washington Woods Fund, Riverside Place Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Geographical Information Systems Fund, Equipment Revolving Fund, and Service Center Rental Fund for the 2006-2007 fiscal year in order to provide funding for June 30, 2006, encumbrances.  (Motion ADOPTED.)

 

PROPOSED 2006-07 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

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

RESOLVED, 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, September 18, 2006, in the Council Chambers of City Hall on the proposal to recognize $235,000 of unanticipated revenues from prior year Major Street construction funds, and to increase appropriations by $235,000 to transfer said prior year funds to the 2006-07 Major Street Construction Fund.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk