October 5, 2009

 

A regular meeting of the City Council was held on Monday, October 5, 2009, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the September 21, 2009 regular meeting was offered by Councilman Adams and seconded by Councilman Donker.  (Motion ADOPTED.)

 

INVEST IN ABILITIES MONTH

Communications Coordinator Libby Richart introduced Sara Kristal, Executive Director of Disability Network of Mid-Michigan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating the month of October 2009 as Invest in Abilities Month in the city of Midland, Michigan.  (Motion ADOPTED.)  Mayor Johnson presented Sara Kristal with the proclamation.

 

2009-10 DDA BUDGET AMENDMENT

Planning and Community Development Director Keith Baker presented an amendment to the 2009-10 Downtown Development Authority budget to appropriate $50,000 to fund the initiation of a retail incubator program to assist in the recruitment and establishment of businesses in downtown Midland.   A public hearing opened at 7:28 p.m.  Tom McCann, 3310 Jefferson Avenue, inquired about who qualifies for the rent subsidy.  Dick McCreadie, 601 S. Saginaw Road, inquired about from where the $50,000 is being generated.  The public hearing closed at 7:32 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland seeks to amend the 2009-2010 Downtown Development Authority (DDA) fund budget to appropriate $50,000 from “fund balance” for the initiation of a retail incubator program to assist in the recruitment and establishment of businesses in downtown Midland; and

WHEREAS, the approved 2009-2010 DDA budget does not currently include an appropriation to fund said program, the proposed amendment would create an account for tracking expenditures for this program with funding to be provided from the authority’s existing “fund balance” reserves and there are sufficient funds in the DDA’s reserves to accommodate this request; and

WHEREAS, the proposed incubator program would assist up to five businesses by providing a rent subsidy for retail space located in the DDA district for up to eighteen months with a maximum of $10,000 in assistance available per business; and

WHEREAS, the DDA Board reviewed the proposed program, authorized its creation and unanimously approved a recommendation to the City Council for establishment and initial funding of the program at its August 12, 2009 regular meeting; now therefore

RESOLVED, the Midland City Council hereby amends the 2009-2010 Downtown Development Authority budget to appropriate $50,000 from the “fund balance” to retail incubator program expenditures, in order to fund the creation of a retail incubator program to assist in the recruitment and establishment of businesses in downtown Midland. (Motion ADOPTED.)

 

2009-10 CITY BUDGETS & FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2009-10 City budgets and financial working plans to provide for the June 30, 2009 encumbrances.  A public hearing opened at 7:53 p.m., recognizing no public comments, the hearing closed at 7:53 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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, October 5, 2009, on the proposal to amend the budgets of the General Fund, Major Street Fund, and CDBG Fund for the 2009-2010 fiscal year and to amend the financial working plans of the Landfill Fund, Wastewater Fund, Water Fund, Information Services - Operations Fund, Geographic Information Systems Fund, Equipment Revolving Fund, Municipal Service Center Fund, and the Special Assessment Revolving Fund for the 2009-2010 fiscal year in order to provide funding for June 30, 2009 encumbrances; now therefore

RESOLVED, that the 2009-2010 budgets and financial working plans for the following funds be amended by increasing appropriation in the following amounts:

General Fund

General Government                                    $         5,922

Public Safety                                                       113,295

Public Works                                                            7,400

Parks and Recreation                                          140,619

Airport                                                                    26,227

Total General Fund                                 $     293,463

Major Street Fund                                                        11,177

CDBG Fund                                                                 25,000

Landfill Fund                                                                20,950

Wastewater Fund                                                       704,321

Water Fund                                                                593,862

Information Services – Operations Fund                    39,800

Geographic Information Systems Fund                      15,180

Equipment Revolving Fund                                       546,317

Municipal Service Center Fund                                   18,774

Special Assessment Revolving Fund                        414,721

; and

RESOLVED FURTHER, that the 2009-2010 budgets and financial working plans for the following funds be amended by increasing revenues in the following amounts:

General Fund                                                      $       61,091

CDBG Fund                                                                 25,000

Wastewater Fund                                                       414,721

 (Motion ADOPTED.)

 

PUBLIC COMMENTS

Dick McCreadie, 601 S. Saginaw Road, spoke regarding the discontinuation of curbside heavy refuse collection for businesses.

 

PILOTs FOR AFFORDABLE HOUSING ALLIANCE

Fiscal Services Director David Keenan presented an ordinance to provide payment in lieu of taxes (PILOT) for the Affordable Housing Alliance (AHA).  Petitioners Sharon Mortensen, Executive Director for the Shelterhouse and Roger Mikusek, Executive Director of the Affordable Housing Alliance, spoke regarding the request.  Karen Sherwood, 6005 Millbrook Drive, President of the League of Women Voters, spoke in support of the AHA request.  David Pierce, 5006 Amberwood Court, Chair of Health and Human Services (H&HS) Council of Midland County, shared that homelessness and poverty has been identified by the H&HS Council as a concern for Midland County and has been placed as a priority focus for council.  He urged the City Council to support the AHA request.  Ann Fillmore, Executive Director of United Way, spoke in support of the two United Way agencies making the request and stated this request aligns the United Way goals of self-sufficiency for families in need.  Tom McCann, 3310 Jefferson Avenue, spoke against the subsidy to AHA stating that while he agrees affordable housing is a necessity, he doesn’t think the subsidy should be given by the City especially in lieu of current budget struggles.  Rick Loose, Midland resident and member of the City of Midland Housing Commission, spoke regarding the need for the public sector to help fill the gaps in affordable housing opportunities for the community.  Introduction and first reading of the following ordinance was then offered by Councilman Adams and seconded by Councilman Donker:

 

Ordinance No. ___________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 2-262, Article XIII Of chapter 2 and by adding new sections which shall be designated as sections 2-260.13 THRU 2-260.19, 2-264.11 thru 2-264.17, Article Xiii, Chapter 2 thereof.

The City of Midland Ordains:

Section 1.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of housing developments.

            It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club Acres #1, Chippewassee Court Phase I, Chippewassee Court Phase II, Adams Acres Phase I, 606/608 Hemlock Street, 5004 Tucker Street, 1111 Franklin Street, 4301 hancock drive, 310 E. pine street, 1414 lincoln street, 1417 mill street, 2520 charles street and 528 cottonwood street and the elderly portions of Charter Square and Green Hill are of this class.  

Sec. 2-260.13.  1111 Franklin Street.

            The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 1111 FRANKLIN Street located on the following described property:

LOT 12 BLOCK 12 OF DOW CHEMICAL COMPANY ADDITION.

Sec. 2-260.14.  4301 HANCOCK DRIVE.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 4301 HANCOCK DRIVE located on the following described property:

LOT 195 OF ADAMS ACRES SUBDIVISION NO 1.

Sec. 2-260.15.  310 E. PINE STREET.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 310 e. pine street located on the following described property:

Northwest 50 feet of the Northeast 100 feet of Lot 2 Block 65 Carpenters Division, Liber 565 Page 390.

Sec. 2-260.16.  1414 Lincoln Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 1414 Lincoln street located on the following described property:

Beginning 339 feet East and 513 feet North of the Southwest Corner of Section 15 thence North 60 feet, East 120 feet, South 60 feet, West 120 feet to the point of beginning.  

Sec. 2-260.17.  1417 Mill Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 1417 Mill street located on the following described property:

Lot 38 of Highlandview Subdivision and beginning at the Southwest Corner of Lot 38, Southeast to Northwest Line of Mill Street, Northeast to South 1/8 Line of Section 16, West 66.29 feet to the point of beginning. 

Sec. 2-260.18.  2520 Charles Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 2520 Charles Street located on the following described property:

East 42.67 feet of Lot 2 and West 42.67 feet of Lot 3 of Williams Subdivision. 

Sec. 2-260.19.  528 Cottonwood Street.

The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as 528 Cottonwood street located on the following described property:

LOT 5 of Block I of Carter Subdivision.

Sec.  2-264.11.  Establishment of annual service charge for 1111 Franklin Street.

(a)  Annual service charge.  The housing development identified as 1111 Franklin Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.12.  Establishment of annual service charge for 4301 Hancock Drive.

(a)  Annual service charge.  The housing development identified as 4301 Hancock drive and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.13.  Establishment of annual service charge for 310 E. Pine Street.

(a)  Annual service charge.  The housing development identified as 310 E. Pine Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.14.  Establishment of annual service charge for 1414 Lincoln Street.

(a)  Annual service charge.  The housing development identified as 1414 Lincoln Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.15.  Establishment of annual service charge for 1417 Mill Street.

(a)  Annual service charge.  The housing development identified as 1417 Mill Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.16.  Establishment of annual service charge for 2520 Charles Street.

(a)  Annual service charge.  The housing development identified as 2520 Charles Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Sec.  2-264.17.  Establishment of annual service charge for 528 Cottonwood Street.

(a)  Annual service charge.  The housing development identified as 528 Cottonwood Street and the property on which it is located shall be exempt from all property taxes from and after the enactment of this ordinance and for the year subsequent to timely notification of exemption by the Michigan State Housing Development Authority.  The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own or operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities. 

(b)  Limitation on the payment of annual service charge.  Notwithstanding subsection (a), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt. 

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.  Yeas:  Adams, Donker, Johnson, McKeag   Nays:  Rokosz)

 

SITE PLAN NO. 267

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

 

WHEREAS, the City Council has received a request from Mark Robinson, Registered Landscape Architect of Mark Robinson & Associates, for a one-year time extension for Site Plan No. 267 to construct a 10,000 square foot addition at 3600 Centennial Drive on 2.56 acres; and

WHEREAS, the current approval of Site Plan No. 267 will expire on October 22, 2009; and

WHEREAS, the City Council has reviewed the request for the time extension of the Site Plan; now therefore

RESOLVED, that the City Council does hereby approve a one-year time extension to Midland Investments effective October 22, 2009 until October 22, 2010, for Site Plan No. 267 for a 10,000 square foot addition at 3600 Centennial Drive on 2.56 acres.  (Motion ADOPTED.)

 

HOMER TOWNSHIP WATER SERVICE AGREEMENT – FIFTH AMENDMENT

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Fifth Amendment to the Homer Township Water Service Agreement.  (Motion ADOPTED.)

 

2008-09 LIBRARY BOARD ANNUAL REPORT

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

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2008-2009 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

WHEREAS, the Library Board has identified in the annual report activities that are in compliance with the duties defined in the ordinance; now therefore

RESOLVED, that the 2008-2009 Annual Report of the Grace A. Dow Memorial Library Board be received.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-09-07

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

 

RESOLVED, that Traffic Control Order No. S-09-07 filed July 23, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Whiffletree Lane shall stop for Wackerly Street.   

is hereby made permanent.  (Motion ADOPTED.)

 

DOW HIGH SCHOOL HOMECOMING PARADE REQUEST

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

 

RESOLVED, that the request from H. H. Dow High School to hold a Homecoming Parade on Friday, October 16, 2009, utilizing the public right-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.)

 

DIESEL FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,400 gallons of diesel fuel from Karbowski Oil of Bay City, Michigan for $25,171.90 executed by the Purchasing Agent on September 15, 2009, is hereby approved.  (Motion ADOPTED.)

 

PURCHASE OF CARBIDE CUTTING EDGES FOR SNOW PLOWS

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

 

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  Carbide Cutting Blades, Bid No. 3213; and

WHEREAS, funding for the cutting blades is included in the FY2009/10 Major and Local Street fund budgets for snow and ice control; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to AIS Construction of Bridgeport, Michigan in the amount of $27,396.06 for the purchase of 185 carbide cutting blades for use in winter snow plowing operations, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

PUCHASE OF DUPLEX AT 406-408 EASTLAWN DRIVE

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

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of a duplex at 406-408 Eastlawn Drive, in the City of Midland; and

WHEREAS, an agreement to purchase the property at 406-408 Eastlawn Drive was submitted by Wen-Hong Tong and Mey-Hui Tong, who agreed to a purchase price of Twenty Thousand Dollars ($20,000.00); now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using funds from the Community Development Block Grant (CDBG) Program.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. FM 56-1-C39 FOR FUEL TANK AT BARSTOW AIRPORT

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

 

WHEREAS, Michigan Department of Transportation (MDOT) Construction Contract No. FM 56-1-C39 has been submitted to the City of Midland between the City of Midland and United Petroleum Equipment Inc. for approval to install a 15,000 gallon fuel tank and related equipment at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland approved a contract with MDOT for funding of said work; and

WHEREAS, related work is bid within approved funding limits; and

WHEREAS, the City of Midland supports having said fuel tank installed; now therefore

RESOLVED, that the City Council hereby approves the proposed MDOT Construction Contract No. FM 56-1-C39 with United Petroleum Equipment Inc. of Battle Creek, Michigan, and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland following final approval of the contract by the City Attorney.  (Motion ADOPTED.)

 

DESIGN SERVICE CONTRACT FOR FUEL TANK AT BARSTOW AIRPORT

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

 

WHEREAS, an amendment to a design services agreement approved by City Council on February 16, 2009 has been submitted to the City of Midland by Mead & Hunt, Inc. to include construction inspection services for a fuel tank installation project at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland approved a contract with MDOT which includes funding of said work in accordance with Federal, State, and local cost sharing formulas; and

WHEREAS, the City of Midland supports having said additional construction inspection services rendered; now therefore

RESOLVED, that the City Council hereby approves the proposed amendment to the design services agreement with Mead & Hunt, Inc. of Lansing, Michigan, and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland.  (Motion ADOPTED.)

 

WATER PLANT - CHEMICAL FEED SYSTEMS IMPROVEMENTS – PO INCREASE

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

 

WHEREAS, in December 2006, Council awarded the contract to Fishbeck, Thompson, Carr & Huber (FTC&H) of Grand Rapids, Michigan for engineering design and bid services for Water Treatment Plant (WTP) Chemical Feed Systems Improvements; and

WHEREAS, during the design phase of the improvement project, FTC&H incurred additional costs due to the completion of additional scope that was not included in the original proposal and redesign of the project; and

WHEREAS, funding is available in Project WP0702 - Chemical Feed Systems Improvements; now therefore

RESOLVED, that the increase of $42,500.00 to the original purchase order to Fishbeck, Thompson, Carr & Huber is hereby approved, bringing total and final amount of the purchase order to $126,900.00, for additional costs due to the completion of additional scope that was not included in the original proposal and redesign of the Chemical Feed Systems Improvements project.  (Motion ADOPTED.)

 

WATER PLANT - CHEMICAL FEED SYSTEMS IMPROVEMENTS – CONSTRUCTION ENGINEERING SERVICES

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

 

WHEREAS, in December 2006, Council awarded the contract to Fishbeck, Thompson, Carr & Huber (FTC&H) of Grand Rapids, Michigan for engineering design services for Water Treatment Plant (WTP) Chemical Feed Systems Improvements; and 

WHEREAS, on September 21, 2009, Council approved the low bid of $1,737,000.00 submitted by John E. Green, of Saginaw, for the construction of the Chemical Feed Systems Improvements; and

WHEREAS, the construction segment of the project is about to begin, and construction engineering oversight is needed to ensure that the improvements are made and function as designed; and

WHEREAS, a comprehensive proposal has been received from FTC&H for a total fee of $178,000.00, to provide construction oversight and administration services for the Chemical Feed Systems Improvements; and

WHEREAS, sufficient funds are available for that purpose in Water Fund Project WP0702  - Chemical Feed Systems Improvements; and

WHEREAS, staff is very pleased with the completed design and plans and recognizes that FTC&H, having completed the design plans for the improvements, is uniquely qualified to provide high-level engineering consulting services during the construction segment; now therefore

RESOLVED, that the proposal from Fishbeck, Thompson, Carr & Huber for professional services related to the construction segment of the Chemical Feed Systems Improvements is hereby accepted, in accord with Sec. 2-19 of the Code of Ordinances, and a purchase order in the amount of $178,000.00 is authorized; and

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

 

ALUMINUM HANDRAILS – WASTEWATER TREATMENT PLANT

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

 

WHEREAS, the City of Midland Wastewater Treatment Plant (WWTP) began operations in 1962, and steel protective handrails were installed around tanks at that time; and

WHEREAS, during a major plant upgrade in 1989, aluminum handrails were installed around all new structures, which have been maintenance free; and

WHEREAS, part of the Wastewater Fund’s ongoing replacement plan, all steel handrails will eventually be replaced with surface mounted aluminum rails; and

WHEREAS, this year, the handrails around each of the plant’s east and west intermediate clarifiers (169 lineal feet per clarifier) will be replaced; and

WHEREAS, on September 15, 2009 bids were opened for Aluminum Handrails, Bid No. 3215; and

WHEREAS, funding for this work is budgeted in the 2009/10 Wastewater Fund account #590-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that the low bid received from Gerace Construction of Midland in the amount of $14,200.00 for the supply and installation of aluminum handrails around the Wastewater Treatment Plant’s east and west intermediate clarifiers is hereby accepted and a purchase order in that amount is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $3,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk