October 22, 2007

 

A regular meeting of the City Council was held on Monday, October 22, 2007, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  Boy Scout Troop #763 – First Baptist Church led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

James Myers

 

MINUTES

Approval of the minutes of the October 1, 2007 regular meeting was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

SILVER AWARD – GOVERNOR’S COUNCIL ON PHYSICAL FITNESS

City Clerk/Community Relations Director Selina Tisdale introduced Peyman Zand, Chairman of the Mi-Vibe health initiative who spoke regarding Midland’s receipt of a Silver Award from the Governor’s Council on Physical Fitness, Promoting Active Communities Program.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby recognizes and congratulates the Midland Community for its receipt of a silver level award from the Governor’s Council on Physical Fitness, Promoting Active Communities program.  (Motion ADOPTED.)

 

HOMELESS AWARENESS WEEK

Communications Coordinator Libby Richart introduced Sharon Mortensen, Chair of the Midland County Continuum of Care.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition designating the week of November 11-17, 2007, as Homeless Awareness Week in Midland. (Motion ADOPTED.)  Mayor Johnson presented Sharon Mortensen with the proclamation.

 

MID-MICHIGAN ENERGY, LLC INDUSTRIAL DEVELOPMENT DISTRICT

City Assessor Reid Duford presented a request from Mid-Michigan Energy, LLC to establish an Industrial Development District.  Janet Vanderpool, Project Development Manager for Mid-Michigan Energy, LLC, spoke on behalf of the petitioner regarding the request to create an Industrial Development District.  

A public hearing opened at 7:28 p.m.

Wayne Crosby, owner of ReMax of Midland, 2313 Oakfield, spoke in favor of creation of the industrial development district.  Sid Allen, President of Midland Area Chamber of Commerce, offered his organization’s support of the Mid-Michigan Energy project and encouraged approval of the industrial development district request.

Scott Walker, Executive Director of Midland Tomorrow, spoke in support of the establishment of the industrial development district.

Mike Hayes, 919 E. Park Drive, representing The Dow Chemical Company, offered support of the industrial development district designation and the overall project proposed by Mid-Michigan Energy.

Bob Rathbun, 4715 Autumn Ridge Court, representing Chemical Bank, spoke in support of the industrial development district.

Tom McCann, 3310 Jefferson Avenue, spoke in favor of the Mid-Michigan Energy project.

Kathleen Kemp, 1800 N. Stark Road, raised a concern regarding the gasification process that will be used by Mid-Michigan Energy and its affect on the environment. 

Jim Chrissman, 2887 Oakhaven Court, spoke in opposition to construction of the coal-burning plant. 

Larry Pillepich, 3602 McKeith Street, spoke in opposition to the proposal expressing his environmental concerns with the project.

The public hearing closed at 7:56 p.m.

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

 

WHEREAS, Mid-Michigan Energy, LLC by means of a letter dated September 20, 2007, which was received by the City Clerk on September 21, 2007, has requested the establishment of an Industrial Development District with the proposed district being described as follows:

THAT PART OF SECTION 35, TOWN 14 NORTH, RANGE 2 EAST, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE EAST SECTION LINE NORTH 00 DEG 19 MIN 58 SEC EAST 1314.10 FEET; THENCE NORTH 89 DEG 43 MIN 58 SEC WEST 914.65 FEET TO THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD AND THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD SOUTH 38 DEG 24 MIN 01 SEC WEST 534.73 FEET; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF SAGINAW ROAD NORTH 73 DEG 11 MIN 10 SEC WEST 0.59 FEET; THENCE 601.84 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2814.93 FEET, A DELTA ANGLE OF 12 DEG 15 MIN 00 SEC, AND WHOSE LONG CHORD BEARS NORTH 67 DEG 03 MIN 40 SEC WEST A DISTANCE OF 600.69 FEET; THENCE NORTH 60 DEG 56 MIN 10 SEC WEST 518.10 FEET; THENCE 826.50 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4950.00 FEET, A DELTA ANGLE OF 9 DEG 34 MIN 00 SEC, AND WHOSE LONG CHORD BEARS NORTH 56 DEG 09 MIN 10 SEC WEST A DISTANCE OF 825.54 FEET; THENCE NORTH 51 DEG 22 MIN 10 SEC WEST 1077.62 FEET; THENCE 1127.53 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1860.08 FEET, A DELTA ANGLE OF 34 DEG 43 MIN 52 SEC, AND WHOSE LONG CHORD BEARS NORTH 34 DEG 00 MIN 14 SEC WEST A DISTANCE OF 1110.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 76 DEG 50 MIN 09 SEC EAST 928.80 FEET; THENCE 986.49 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 840.00 FEET, A DELTA ANGLE OF 67 DEG 17 MIN 15 SEC, AND WHOSE LONG CHORD BEARS NORTH 56 DEG 55 MIN 35 SEC EAST A DISTANCE OF 930.77 FEET; THENCE SOUTH 89 DEG 25 MIN 47 SEC EAST 430.14 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF THE SAGINAW BAY SOUTHERN RAILWAY SOUTH 45 DEG 00 MIN 47 SEC EAST 552.67 FEET; THENCE 515.50 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 5779.58 FEET, A DELTA ANGLE OF 5 DEG 06 MIN 38 SEC, AND WHOSE LONG CHORD BEARS SOUTH 47 DEG 34 MIN 06 SEC EAST A DISTANCE OF 515.33 FEET: THENCE SOUTH 50 DEG 07 MIN 24 SEC EAST 1490.76 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD SOUTH 35 DEG 57 MIN 43 SEC WEST 486.89 FEET; THENCE SOUTH 38 DEG 24 MIN 01 SEC WEST 413.18 FEET TO THE POINT OF BEGINNING, CONTAINING 132.27 ACRES AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD.  

; and

WHEREAS, Mid-Michigan Energy, LLC has been authorized to pursue the establishment of an Industrial Development District pursuant to Public Act 198 of the Michigan Public Acts of 1974, as amended by means of Authorization Letters signed by representatives of the property owners of more than 75% of the SEV of the Industrial property within the proposed district; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time the request was filed; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on October 22, 2007, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of Mid-Michigan Energy, LLC for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the Mid-Michigan Energy Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion ADOPTED.)

 

GEORGE STREET VACATION & SITE PLAN NO. 271– COMMUNITY CENTER

Planning and Community Development Director Keith Baker introduced two requests from the Greater Midland Community Center:  a request for the vacation of George Street between State Street and Jefferson Avenue and a resolution approving Site Plan No. 271 – to construct a new parking lot, recreation fields, walking paths, playground and a 16,500 square foot curling club at 2001 George Street.  Assistant City Engineer Bradd Maki spoke regarding the street closure and its affect on traffic.  Petitioner Chris Tointon, Chief Executive Officer of the Greater Midland Community Center, spoke regarding the new construction project proposed at the Midland Community Center. 

A public hearing on the vacation of George Street opened at 8:40 p.m.

Midland County Probate Judge Doreen Allen, City of Midland resident, expressed her support of the Community Center project.

Paul and Luke White, 905 Balfour Street, spoke in support of the Community Center and its proposed project and the vacation of George Street.

Karl Iueter, 3565 N. Sunset Way, spoke in favor of the George Street closure and the Community Center project. 

Peyman Zand, 3898 E. Pine Hall, stated the Community Center expansion plan makes the community center area more friendly for pedestrian use and having more activities in close proximity of each other encourages more use of the facility.

John Hart, 702 W. Main Street, spoke in support of the proposed project and its positive impact on the community. 

Mike Hayes, 919 E. Park Drive, spoke in support of the vacation of George Street and the Community Center improvement plan. 

Tom McCann, 3310 Jefferson Avenue, complimented the city in its attempts to be a forward-thinking community and stated while he’s not in opposition of the project, he would encourage a better plan for accommodating traffic in the area of the Community Center. 

Richard McCreadie, 2700 Washington Street, spoke in opposition of the vacation of George Street expressing it is unfair to change the traffic configuration for residents who live and drive through this area. 

The hearing closed at 9:13 p.m.  The following two resolutions were then presented for consideration.

 

GEORGE STREET VACATION

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

 

WHEREAS, the Midland City Council, acting upon the request of the Midland Community Center for vacation of George Street from State Street to Jefferson Avenue, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of George Street from State Street to Jefferson Avenue to be conditioned upon the retention of public utility easements; and

WHEREAS, a report has been prepared by the City Engineer indicating no significant impact to the existing street network or signalized intersections in the surrounding area; a response has been received from the Director of Utilities indicating no objection to the vacation request subject to the retention of easements for all public utilities; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council does hereby vacate the requested portion of George Street from State Street to Jefferson Avenue; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion ADOPTED.)

 

SITE PLAN NO. 271

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 271, the request of Greater Midland Community Center for a new parking lot, recreation fields, walking paths, playground and 16,500 square foot curling club at 2001 George Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 271 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 271, contingent upon the following:

1.   All parking spaces shall be delineated by the “box” style striping pattern per Section

      5.01(D)3 of the Zoning Ordinance.

2.   All exterior lighting shall adhere to Section 3.12 of the Zoning Ordinance.

3.   Stormwater detention plans shall be approved by the Engineering Department.

4.   Adequate Fire Department access shall be maintained on all sides of the buildings.

5.   Collins Street shall be re-aligned to facilitate the construction of the parking lot and

      new west side entrance.

6.   Site landscaping and screening shall adhere to Article 6 of the Zoning Ordinance.

7.   All signage shall adhere to Article 8 of the Zoning Ordinance.

8.   Subject to George Street vacation approval by City Council.

9.   A six foot tall or solid evergreen screen is provided along the west property line

      adjacent to State, Mill and Haley Streets.

10. Parking is approved for up to 389 parking stalls for both existing and the proposed

      curling club facility. 

(Motion ADOPTED.)

City Council recessed at 9:32 p.m. and resumed at 9:47 p.m.

 

MASTER PLAN – FINAL DRAFT

Planning and Community Development Director Keith Baker introduced Bradley Strader of LSL Planning Inc. who presented an overview of the final draft of the Master Plan and Future Land Use Map. 

A public hearing opened at 10:20 p.m.

Curt Peterson, 2000 Candlestick Lane, member of STARPAC (Safe Trails and Roads for Pedestrians and Cyclists) presented several suggestions for additional improvements to the plan having to do with non-motorized transportation. 

Kathleen Kemp, 1800 N. Stark Road, speaking on behalf of herself and her parents, Victor and Leona Caldecourt, addressed several potential zoning concerns and conflicts with the new master plan as it affects the 40 acre parcel on Stark Road in Lincoln Township owned by her and her family. 

Wendell Dilling, 1810 Norwood Drive, also a member of STARPAC, spoke in support of Curt Peterson’s comments and encouraged Council to more strongly support non-motorized transportation issues in the new Master Plan.

Bill Johnson, Johnson’s Flowers, 3535 E. Ashman, stated the new Master Plan is well thought out but the use and character of the city is being changed by changing the zoning and creating non-conforming uses.

Joyce Halstead, 521 Clyde Road, Homer Township, stated the Master Plan should more strongly emphasize a non-motorized transportation plan and urged the formation of a bicyclist advisory committee to assist with non-motorized transportation input and initiatives. 

The hearing closed at 10:50 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, Michigan Public Act 285 of 1931, as amended, the Municipal Planning Act, provides for the preparation of plans by the City Planning Commission to promote public health, safety and general welfare; to encourage the use of resources in accordance with their character and adaptability; to avoid the overcrowding of land by buildings or people; to lessen congestion on public roads and streets; to facilitate provision for a system of transportation, sewage disposal, safe and adequate water supply, recreation and other public improvements; and to consider the character of the city and its suitability for particular uses judged in terms of such factors as the trend in land and population development; and

WHEREAS, development of a future plan for land use within the City of Midland and the surrounding Midland Urban Growth Area is pivotal in accommodating development in an organized manner; and

WHEREAS, the new Master Plan is needed to address the public health, safety and welfare concerns that would result from un-managed growth in the community; and

WHEREAS, the planning process involved analysis of existing conditions of population, natural features, transportation, utilities, land use and an analysis of the basic needs of the current and future population; and

WHEREAS, the Planning Commission has prepared the City of Midland Master Plan, which contains recommendations for future housing and population density that can be supported by the utility infrastructure, transportations system, natural environment and public services, provides locations for a wide range of housing types, commercial development industry, and new mixed-use centers with strategies for compatible uses, which includes maps, charts, tables and text to support and describe recommendations and implementation strategies; and

WHEREAS, a draft of the Master Plan was distributed to surrounding communities, the county and regional agencies, and in consideration of the comments received by surrounding communities on the draft Master Plan and the positive recommendation of the Midland County Planning Commission and found it to not be inconsistent with the plans of any surrounding community; and

WHEREAS, a public hearing was conducted on the draft Master Plan on September 11, 2007 and after review of each public comment, the Planning Commission directed finalization of the plan and affirmatively adopted the plan on September 25, 2007; now therefore

RESOLVED, a public hearing was conducted on the Master Plan on October 22, 2007 by the City of Midland City Council; and

RESOLVED FURTHER, that the City of Midland City Council adopts the City of Midland Master Plan, in accordance with Section 6 of Michigan Public Act 285 of 1931, as amended.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 264

Planning and Community Development Director Keith Baker introduced Site Plan No. 264 – MidMichigan Medical Center – to construct a 67,000 square foot addition to the Harlow Building at 4005 Orchard Drive.  MidMichigan Medical Center Vice President of Facilities, Thomas Lind, spoke regarding the construction project.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 264, the request of MidMichigan Medical Center for a 67,000 square foot addition to the Harlow Drive building at 4005 Orchard Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 264 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 264, contingent upon the following:

      1.   All parking lot landscaping adheres to Article 6 of the Zoning Ordinance.

      2.   Stormwater runoff and detention systems are designed and constructed in accordance with Engineering Department requirements.

      3.   Additional fire hydrants are placed on the site per Fire Department requirements.

      4.   All roof and ground mounted mechanical equipment shall be screened in accordance with Section 6.02(E)2 of the Zoning Ordinance.

      5.   All parking spaces are delineated with “box” style striping per Section 5.01(D)3 of the Zoning Ordinance.

      6.   All signage shall adhere to Article 8 of the Zoning Ordinance.

      7.   Rezoning of adjacent parcel to accommodate 213 parking spaces.

(Motion ADOPTED.)

 

SITE PLAN NO. 267

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 267, the request of Mark Robinson & Associates, on behalf of Midland Investments, for a 10,000 square foot expansion at 3600 Centennial Drive on 2.56 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 267 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 267, contingent upon the following:

      1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01(d) of the Zoning Ordinance and be delineated by the ”box” style striping.

      6.   The location of the proposed dumpster is appropriately screened from the public right-of-way and adjoining property and therefore the necessity for a gate shall be waived.

      7.   Based upon the number of proposed employees and rated occupancy of the building primarily for office uses, the site plan shall be approved for up to 48 parking stalls in accordance with Section 5.01(c) (7).

(Motion ADOPTED.)

 

PURCHASE AGREEMENT FOR SALE OF HOUSE AT 113 W. ST. ANDREWS

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a house at 113 W. St. Andrews Road in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated October 2, 2007, was submitted by Carla S. Sowels, in the amount of  $98,000.00; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City.  (Motion ADOPTED.)

 

2006/2007 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

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

 

WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2006/2007 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and

WHEREAS, the Cable Access Advisory Commission has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2006/2007 Annual Report of the Cable Access Advisory Commission be accepted.  (Motion ADOPTED.)

 

GRANT FOR LIGHTING OF SIDEWALK AND MURAL UNDER MARK PUTNAM BRIDGE

Planning and Community Development Director Keith Baker presented a resolution accepting up to $4,000 in donation from the Midland Area Community Foundation for the lighting of the pedestrian sidewalk, roadway, and mural located under the Mark Putnam Bridge extending over Main Street.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland Area Community Foundation has contributed up to $4,000.00 to the City of Midland Downtown Development Authority for lighting of the pedestrian sidewalk, roadway and mural located under the Mark Putnam Bridge extending over East Main Street; and

WHEREAS, it is the intent of the City of Midland to expend these funds during the 2007-2008 fiscal year, for the purpose for which they were contributed; now therefore

RESOLVED, that City Council accepts a grant in the amount of up to $4,000.00 from the Midland Area Community Foundation for lighting of the pedestrian sidewalk, roadway and mural located under the Mark Putnam Bridge on East Main Street.  (Motion ADOPTED.)

 

MIDLAND STADIUM CONCESSIONS – LIQUOR LICENSE TRANSFER

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

 

RESOLVED, that the request from MIDLAND STADIUM CONCESSIONS, LLC TO TRANSFER ALL INTEREST IN 2007 RESORT CLASS C LISENCED BUSINESS (MCL 436.1531(4); NON-TRANSFERABLE) WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 825 E MAIN, MIDLAND, MI  48640, MIDLAND COUNTY, THRU TRANSFER OF 100% INTEREST FROM MICHIGAN BASEBALL FOUNDATION, INC. TO NEW MEMBER, MICHIGAN BASEBALL

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

MCNAMARA’S PUB - LIQUOR LICENSE TRANSFER

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

 

RESOLVED, that the request from PARTH CORP. TO TRANSFER OWNERSHIP OF 2005 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 1815 S. SAGINAW, MIDLAND, MI  48640, MIDLAND COUNTY, FROM MCNAMARA’S MIDLAND PUB, INC. be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.

(Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-23

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

 

RESOLVED, that Traffic Control Order No. P-07-23 filed August 3, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on Wheeler Street from 175 feet west of Plymouth Park Drive to 250 feet east of Swede Avenue and Traffic Control Order P-06-23 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

PURCHASE – ROAD GRAVEL FOR LANDFILL

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

 

WHEREAS, the Landfill has a need for 5,240 tons of road gravel for use in road building and construction of an asphalt pad expansion for the composting area; and

WHEREAS, the City solicits bids annually for aggregates purchases, and on January 16, 2007, sealed bids were received and opened for Bid No. 2993, with one of the items being bid was 22A crushed limestone (road gravel); and

WHEREAS, Bay Aggregates, Inc. of Bay City provided the low bid for 22A at a unit cost of $11.32 per delivered ton of gravel; and

WHEREAS, earlier in the year a purchase order with Bay Aggregates was administratively approved for immediate needs based on the bid unit costs for deliveries of 22A, and draws are reaching $20,000.00; and

WHEREAS, staff therefore recommends that authorization be given to extend the low bid from Bay Aggregates, and authorize an increase of $59,320.00 (5,240 x $11.32, rounded) to the existing purchase order, bringing the total amount to $79,320.00; and 

WHEREAS, funds have been budgeted for this purpose and are available in Landfill Fund accounts:  517-9120-912.97-15 – Infrastructure Improvement ($11,320.00), and 517-9120-912.97-65 – Capital Projects ($48,000.00); now therefore

RESOLVED, that the purchase of 5,240 tons of delivered 22A road gravel at previously bid unit costs is hereby accepted, and an increase of  $59,320.00 (5,240 x $11.32, rounded) to an existing purchase order is hereby authorized, bringing the total purchase order amount to $79,320.00; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

PURCHASE – ASPHALT PAVING FOR LANDFILL

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

 

WHEREAS, the Landfill is in need of expanding the asphalt composting pad to accommodate recycling activities that include brush grinding, leaves and grass composting, and biosolids composting; and

WHEREAS, asphalt is also needed to fix a problem caused by heavy equipment travel tearing up the ground  at the east entrance to the maintenance building, resulting in mud being tracked into the shop and equipment roads; and

WHEREAS, on October 16, 2007 bids were accepted for Asphalt Paving, Bid No. 3062, to address the compost pad space constraints and maintenance building entrance problem, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff has reviewed the bid proposals and determined that the low bid submitted by Saginaw Asphalt Paving Company of Saginaw in the amount of $110,600.40 will meet the City’s needs; and

WHEREAS, funds have been budgeted and are available in capital project LF0706 – Compost Pad Expansion ($102,200.40), and Capital Account 517-9120-912.97-15 ($8,400.00) for the maintenance building entrance; now therefore

RESOLVED, that the low bid submitted by Saginaw Asphalt Paving Company of Saginaw in the amount of $110,600.40 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager has the authority to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

PURCHASE – FENCING FOR LANDFILL

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

 

WHEREAS, litter control is an essential part of the operation of the City of Midland Landfill, and for years staff has used temporary, portable fencing screens along with chain link fencing installed up to ten feet tall.  With the recent expansion of the operation through construction of Cell 16, new fencing is necessary; and

WHEREAS, cell 17 will not be constructed for approximately ten years, so a longer lasting fence is appropriate around the perimeter of the active areas, Cells 15 and 16; and

WHEREAS, on October 2, 2007 bids were accepted for Fencing Installation, Bid No. 3060 for  fencing approximately 3,000 feet in length and 15 feet tall, comprised of heavy duty utility poles, and plastic netting with a ten year, non-prorated warranty, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid submitted by C. C. Power is rejected as non-compliant due to not providing all proper documentation or a bid bond as required by the bid process, while also noting no experience with landfill netting installations as requested; and

WHEREAS, the low compliant bid submitted by Ace Golf Netting (Ace) of Austin, Texas in the amount of $68,975.00 provided multiple references of similar landfill fencing jobs, and we received positive comments from previous customers; and

WHEREAS, funds have been budgeted for this purpose and are available in Landfill account #517-9120-912.97-65 – Capital Projects; now therefore

RESOLVED, that the low compliant bid submitted by Ace Golf Netting (Ace) of Austin, Texas in the amount of $68,975.00 is hereby accepted and a purchase order is authorized in the amount of $68,975.00; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

PURCHASE – TWO MOWERS AND ONE ROTARY BROOM ATTACHMENT

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

 

WHEREAS, bids for grounds keeping equipment are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of two 72” John Deere Mowers and one 60” rotary broom attachment is included in the 2007-08 Equipment Revolving Fund for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Bader and Sons of St. Louis, Michigan in the amount of $33,058.48 for the purchase of two 72” John Deere Mowers and one 60” rotary broom attachment, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

PURCHASE ONE FAIRWAY MOWER

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

 

WHEREAS, bids for grounds keeping equipment are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a Toro Reelmaster 6700-D fairway mower is included in the 2007-08 Equipment Revolving Fund for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Spartan Distributors, Inc. of Sparta, Michigan in the amount of $49,926.72 for the purchase of a Toro Reelmaster 6700-D mower, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

PROPOSED BUDGET AMENDMENT – 07/08 GOLF COURSE AND ERF

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

 

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., November 12, 2007 in the Council Chambers of City Hall on the proposal to amend the 2007-08 budgets of the Golf Course and Equipment Revolving Fund to reflect $49,800.00 in unanticipated expense to be transferred from the Golf Course to the Equipment Revolving Fund as an unanticipated revenue to be used for the purchase of a replacement fairway mower under the ERF Capital Outlay - Equipment account.   (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 11:48 p.m.

 

 

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            Selina Tisdale, City Clerk