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.
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Councilmen present: |
Thomas Adams, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
Bruce Johnson |
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,
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
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
WHEREAS, Jon J. Lynch was recently appointed
by
RESOLVED, that effective September 1, 2006,
all checks drawn against the City treasury shall be signed by Jon J. Lynch,
City
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
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.
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Selina Tisdale, City