February 25, 2013

 

A regular meeting of the City Council was held on Monday, February 25, 2013, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  Boy Scout Troop 765 from Memorial Presbyterian Church led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 11, 2013 regular meeting was offered by Councilman Adams and seconded by Councilman Brown Wilhelm.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SECONDHAND, JUNK DEALERS, PAWNBROKERS & JUNKYARDS ORD AMENDMENT

City Attorney James O. Branson, III, presented information on an ordinance to amend the Midland Code of Ordinances, Article I and Article II of Chapter 13 – Secondhand, Junk Dealers, Pawnbrokers and Junkyards and an amendment to Section 21-38 – License Fees.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. _______

An ordinance to amend the Code of Ordinances of the City Of Midland, Michigan, by AMENDING article i and article ii of chapter 13 thereoF.

The City of Midland Ordains:

Section 1.        Article I and Article II of Chapter 13 are hereby amended to read as follows:

ARTICLE I

IN GENERAL

Sec. 13-1.  Secondhand, junk dealer – Defined.

Any person, engaged in the business of purchasing, selling, exchanging, storing, or receiving secondhand articles of any kind, cast iron, old iron, old steel, tool steel, aluminum, copper, brass, lead pipe or tools, or lighting and plumbing fixtures, is hereby defined to be a secondhand dealer or junk dealer.  However, used car dealers are not included in this definition.

Sec. 13-2.  Same – License required.

No person shall carry on the business of dealer in secondhand good or junk dealer in the city without having first obtained a license therefor pursuant to chapter 15 of this Code. 

Sec. 13-3.  Same – License issuance; place of business.

Each secondhand or junk dealer’s license issued shall designate the particular place in the city where the licensee, shall carry on such business.  No person shall carry on such business in any place in the city other than the place designated in such license.  For persons who do not have a regular place of business, a license may be issued to carry on the business of secondhand dealer or junk dealer either by horse, wagon, automobile or tuck, or by pack.

Se. 13-4 – Sign stating name, occupation to be posted.

Each secondhand or junk dealer shall post in a conspicuous place in or upon his shop, store, wagon, automobile, truck or other place of business, a sign having his name and occupation legibly inscribed thereon.

Sec. 13-5.  Junkyards, scrap heaps to be fence. 

Every tract of land upon which a junkyard business or scrap heap shall be conducted shall be surrounded completely on all sides by a continuous and sold fence, constructed of bricks, blocks, wood or other composition of sufficient durability and composition so that such fence shall completely obstruct and hide from view any part or parcel of land upon which such junkyard business or scrap heap is being conducted and operated.  Such fence shall be at least eight (8) feet in height and shall be set back at least five (5) feet from the private property line of all sides of any such premises.

All such fences shall be completely painted and kept in good repair.  This section shall apply to all junkyard and scrap heap businesses, including those already established.

Sec. 13-6 – Placement of scrap heaps.

No scrap heaps of any material listed in section 13-1 shall be permitted to be placed or stand upon any portion of such premises between the private property line and the fence required by section 13-5, even though any such placement would be only temporary.  No such material shall be allowed to be placed or stand upon any part or parcel of the public highway right-of-way abutting upon any such premises, even though such placement might be temporary.

Sec. 13-7 – Preventing junk from falling on street.

No dealer in secondhand goods or junk, or junk peddler, or any agent or employee of such a dealer or peddler, shall load or drive any vehicle carrying secondhand goods or junk upon any street in such a manner that, by reason of the loading or manner of driving such vehicle, any junk or other article being hauled by such vehicle shall fall upon the street.

Sec. 13-8.  Record of purchases, sales to be kept.

Each secondhand or junk dealer shall keep a separate book open to inspection by members of a police force in which shall be written in the English language at the time of the purchase or exchange of all articles, a description thereof, the name, description and residence of the person from whom the same was purchased and received, and the day and hour when such purchase or exchange was made.  Each entry shall be numbered consecutively, commencing with number one.

Sec. 13-9.  Purchase from minors under sixteen.

No dealer in secondhand goods or junk, or junk peddler, shall purchase secondhand goods or junk from any minor under the age of sixteen (16) years without first having obtained the written consent of a parent or guardian of such minor.

Sect. 13-10. Dealer to give vendor statement.

No dealer in secondhand goods or junk, or junk peddler, shall purchase secondhand goods or junk from any person without giving such person a written or printed statement setting forth the date, the name and address of the dealer or peddler and his dealer’s license number, together with the description, weight and quantity of good purchased and the amount paid therefor. 

ARTICLE I

SECONDHAND, JUNK DEALERS AND PAWNBROKERS

Sec.  13-1.  Secondhand, junk dealer – Defined.

Any person, firm, corporation or other entity engaged in the business of purchasing, advertising for purchase, selling, exchanging, storing, or receiving secondhand goods, articles or merchandise of any kind, including cast iron, old iron, old steel, tool steel, aluminum, scrap metal, copper, brass, lead pipe or tools, lighting and plumbing fixtures, radios, watches, jewelry, precious stones, musical instruments, electrical motors, electrical appliances, firearms, automotive parts and accessories, bicycles, clothing, wearing apparel, micrometers or any article of personal property or other valuable thing, is hereby defined to be a secondhand dealer or junk dealer.

The definition of secondhand dealer shall not include:

a.  Used car dealers;

b.  Householders selling, purchasing, consigning, or trading articles owned and possessed by themselves or the executors or administrators of any such householders; this includes individuals holding garage, yard or rummage sales and estate auctioneers;

c. Sellers of new articles, wares or merchandise from manufacturers, wholesale distributors or jobbers for retail sale to customers; or

d. Persons, firms, corporations or other entities whose principal business is that of dealing in new goods, articles and merchandise and who do not buy secondhand goods, articles and merchandise outright, but who occasionally accept in trade or repossess used household appliances, watches, jewelry, precious stones and musical instruments.

Sec. 13-2.  Pawnbroker – Defined.

Any person, firm, corporation or other entity or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price. 

Sec.  13-3.  Same – License required; application, fee, term and transfer.

No person, firm, corporation or other entity shall carry on the business of dealer in secondhand goods, junk dealer or pawnbroker in the city without having first obtained a license therefor pursuant to chapter 15 of this Code. 

1.    The applicant, prior to the issuance of the license, shall pay an annual license fee as provided for in chapter 21 and shall affirm that such applicant will in all respects faithfully comply with and observe all the requirements of all applicable federal, state, and local laws and regulations, including Act 350 of the Public Acts of 1917, as amended, Act 273 of the Public Acts of 1917, as amended, and Act 95 of 1981, as amended, and faithfully perform the duties and obligations of the business, including compliances with the provisions of the city charter and this Code.

2.    Before any such pawnbroker license is issued by the city, the applicant therefor shall furnish a corporate surety bond in the penal sum of three thousand dollars ($3,000.00) with sufficient surety to be approved by the Assistant city manager for financial services, which bond shall be conditioned for the time of the minimum period granted under the license plus ninety (90) days wherein the pawnbroker shall comply with all laws of the state and all ordinances of the city.  Any person aggrieved by the action of any such licensee shall have a right of action on the bond for the recovery of money or damages, or both.  Such bond shall remain in full force and effect for a period of ninety (90) days after the expiration or cancellation of any such license or after the termination of any action upon such bond.  Violation of the bond terms shall cause the business to immediately cease its operations. 

3.    Issuance of any license under this chapter shall be subject to the following additional requirements:

a.    A licensee shall designate the particular place where the business will be conducted and no licensee may conduct business in any place not so designated.

b.    A licensee’s location shall be subject to local zoning requirements.

c.   A license shall not be issued to a person who has been convicted of a crime involving an element of theft, dishonesty, or the possession or sale of stolen property, nor shall any licensee employ any person who has been convicted of such a crime.

d.   A licensee shall comply with all federal and state laws and regulations.  If such laws or regulations conflict with the provisions of this chapter, the more restrictive provision shall apply.

Sec. 13-4.  State pawnbroker license required for certain practices.

No person licensed as a secondhand dealer or junk dealer under this chapter shall advertise or represent himself or herself as a pawnbroker or accepting items at pawn unless so licensed in compliance with state law and this chapter.

Sec.  13-5.  State Precious Metal and Gem License required for certain practices.

No person licensed as a secondhand dealer or junk dealer under this chapter shall advertise or represent himself or herself as a Precious Metal and Gem Dealer unless so licensed with state law and this chapter.

Sec.  13-6.  Sign stating name, occupation to be posted.

Each secondhand, junk dealer and pawnbroker shall post in a conspicuous place in or upon his, hers or its shop, store, or other place of business, a sign having his, hers or its name and occupation legibly inscribed thereon in letters at least six (6) inches in height.   

Sec. 13-7.  Secondhand, junk dealer – Hours of operation.  

No licensee shall purchase or receive, by sale, barter or exchange or otherwise, an article under a license issued pursuant to this chapter from any person between the hours of 9:00 p.m. and 7:00 a.m. or as otherwise prohibited by law including zoning regulations. 

Sec. 13-8.  Pawnbroker – Hours of operation.

No licensee shall purchase or receive, by sale, barter or exchange or otherwise, an article under a license issued pursuant to this chapter from any person on a Sunday or as otherwise prohibited by law including zoning regulations. 

Sec. 13-9.  Purchases from certain persons prohibited. 

A licensee shall:

1.      Not purchase or receive such an article from any of the following: 

a.    A person who is at the time intoxicated or visibly under the influence of alcohol or narcotics. 

b.    A person known by the dealer to be a thief or an associate of thieves, a prior recipient of stolen property, or any person the licensee or employee has reason to suspect of being such.

c.   A minor under the age of eighteen (18) years without written consent of the parent or guardian of such minor.

2.      Not purchase or receive, by sale, barter or exchange or otherwise, any article or item that the licensee knows to be stolen, reasonably should have known to be stolen, or suspects as having been stolen except as specifically authorized by law enforcement authorities.

3.      Have the duty, upon receiving information that any goods, articles or thing pledged with such licensee has been lost or stolen, to immediately notify the police department, in writing, of the fact, giving the name and address of the person from whom received and any other facts connected therewith that may tend to discovery of or conviction of the thief or thieves. 

Sec. 13-10.  Thumbprints and identification of customers.

1.    Whenever a licensee or employee of a licensee under this chapter purchases or receives any article or valuable thing as described in section 13-1, the licensee shall first take, on a form approved by chief of police or its designee, a legible print of the thumb of the right hand of the person from whom such article was received.  If such person has no right thumb, the licensee shall take the print of the left thumb or of a finger, which shall be so identified by the licensee.

2.    The seller must provide the licensee with personal identification at the time of the transaction, in the form of a valid operator’s license or a federal or state identification card which includes a photograph that positively matches the seller.  The licensee shall obtain and maintain a copy of the identification.

Sec.  13-11.  Records, tagging articles; holding period.

1.    A licensee shall keep a permanent record in which shall be written, in the English language, at the time of purchase, exchange or other receipt of any article, a complete and accurate description thereof.  Such description shall include an electronic photograph of the article, the article’s trade name and serial number, if any; the name, residence and a copy of the federal or state-issued identification/operator’s license of the person from whom the article was purchased or received; and the date and hour when such purchase or exchange was made and such other matters required by law.  Each entry in such record shall be numbered consecutively.  A member of the police department, sheriff’s department, state police or other authorized person is entitled to inspect the premises and records of a licensee during normal business hours.

2.    A tag shall be attached to each article purchased, exchanged, or received by the licensee in some visible and convenient place, with a number written thereupon to correspond with the entry number in the record required in this section 13-11(1), until the article is sold or otherwise disposed of.  The licensee shall promptly prepare from such record a legible and correct copy, on forms approved by the chief of police or its designee and written in the English language, containing a description of each article purchased or received during the preceding day, the hour and date when the purchase, exchange, or receipt was made, and the description of the person from whom it was purchased, exchanged or received.  Such statement shall be verified by the affidavit of the licensee.

3.    Any article purchased, exchanged, or received under a license issued pursuant to this chapter shall be retained by the purchaser thereof for at least fifteen (15) days before disposing of the article in an accessible place on the premises where such articles are purchased and received.

Sec. 13-12.  Computerized reporting of transactions.

1.    By 11:59 p.m. daily, at its own expense, every licensee under this chapter shall promptly complete and transmit, by electronic means, to the police department’s computerized system, the data identifying all transactions in which the licensee received used goods the preceding day by pawn, exchange, purchase, or consignment.  A transaction reported by electronic transmission under this subsection shall not be reported on paper forms unless the chief of police or its designee so requests.

2.    Each transaction report and record shall include a digital photograph of the article or group of articles, along with a description of the article and, if applicable, serial number, make, model number, size, color of the article or articles; the purchase/loan price; ticket number; dealer name and location; the name of the person conducting transaction; place of storage/stock location; and customer information including operator’s license number or other federal or state identification number, customer’s name (last, first, middle), customer address, customer date of birth, physical description (height, weight, hair color, race, gender, appropriate fingerprint) and any other information required by the local law enforcement agency.

Sec. 13-13.  Exemptions.

1.    Sections 13-10(1), 13-11(2)-(3), and 13-12 of this chapter shall not apply to:

a.    Secondhand or used tires when such tires are removed from the vehicle to which such tires are attached in the presence of the person receiving them;

b.    Used car dealers;

c.   Non-profit organizations re-selling donated goods;

d.   Art galleries;

e.    Used book stores;

f.    Clothing consignment stores; and

g.   Antique dealers and other dealers in used household goods.

2.    All licensees exempted from electronic reporting under this section nonetheless shall report, in a format approved by the chief of police or its designee, any transactions involving the following items:

a.    Home and personal audio and video equipment, including but not limited to televisions, radios, audio players and receivers, and recorders of any kind and personal electronic devices, including cell phones, smart phones and similar devices;

b.    Car stereos, GPS devices, and other audio and video equipment for use or installation in a motor vehicle;

c.   Computers and video game devices of any kind and related software, game disks, and cartridges;

d.   Electrical or other appliances; and 

e.    Hand or power tools for use in carpentry, woodworking, plumbing, electrical work, and any other aspects of building, construction or other trade.

3.    All licensees exempted under this section nonetheless must comply with state law requirements, as set forth in MCL 445.404(2) and section 13-11(1) of this chapter, to make and maintain a separate record of all transactions that is open to inspection by local law enforcement officers and the Michigan State Police.


Sec. 13-14. Compliance by current licensees.

The holder of a current license issued under this chapter shall have ninety (90) days from the effective date of this section to comply with the recordkeeping and reporting requirement set forth in section 13-12.

Sec. 13-15.  Secondhand, junk dealer — Violation, penalty, revocation.

Any person, firm, corporation or other entity who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than six (6) months and shall not be fined less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000.00). 

The license of any person, firm, corporation or other entity that is found guilty of violating any of the provisions of this article of the Code shall be considered revoked upon entry of a conviction and such person, firm, corporation or other entity shall not be permitted to carry on the business of secondhand or junk dealer within the city of Midland for a period of one (1) year after that conviction.  

Sec. 13-16.  Pawnbroker – Violation, penalty, revocation.

Any person, firm, corporation or other entity who shall violate any of the provisions of this article of the Code, whether as owner, or as clerk, agent, servant or employee, shall be guilty of a misdemeanor not less than twenty-five dollars ($25.00) dollars nor more than one hundred dollars ($100.00), or by imprisonment in the county jail not less than ten (10) days nor more than three (3) months, or by both such fine and imprisonment.

Upon conviction of any person conducting business as a pawnbroker under this article of the Code or on conviction of any clerk, agent, servant, or employee of the person, the mayor shall revoke the license of the person and no part of the license fee shall be returned to him or her.  The city clerk shall not issue a license as a pawnbroker to that person for a period of one (1) year from the date of revocation.  

ARTICLE II

Junkyards, Abandoned, junked, dismantled, etc. motor vehicles

Sec. 13-27.  Junkyards, scrap heaps to be fenced. 

Every tract of land upon which a junkyard business or scrap heap, as defined in the City of Midland Zoning Ordinance, being Ordinance No. 1585, shall be surrounded completely on all sides by a continuous and solid fence, constructed of bricks, blocks, wood or other composition so that such fence shall completely obstruct and hide from view any part or parcel of land upon which such junkyard business or scrap heap is being conducted and operated.  Junkyard operations, fence height and setbacks shall be in compliance with the City of Midland Zoning Ordinance. 

This section shall apply to all junkyard and scrap heap businesses, including those already established.

Sec. 13-28.   Placement of scrap heaps.

No scrap heaps of any material listed in section 13-1 shall be permitted to be placed or stand upon any portion of such premises between the private property line and the fence required by section 13-27, even though any such placement would be only temporary.  No such material shall be allowed to be placed or stand upon any part of the public highway right-of-way abutting upon any such premise, even though such placement might be temporary. 

Section 2.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

LICENSE FEES – ORD AMENDMENT

Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

Ordinance No. ___________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 21-38 of article 1 of chapter 21 thereof.

The City of Midland Ordains:

Section 1.  Section 21-38 of Article 1 of Chapter 21 is hereby amended to read as follows:

Sec. 21.38.  Secondhand, junk dealer, pawnbroker license fee.

The fee for each secondhand, and junk dealer’s and pawnbroker’s license shall be twenty-five dollars ($25.00) fifty dollars ($50.00) per year. 

Section 2.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

GOLF COURSE FEES – ORD AMENDMENT

Assistant City Manager for Financial Services David Keenan presented information on an ordinance to amend Section 21-71 of Division 2 of Article II of Chapter 21 – Golf Course Fees.   Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brooks:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

Currie East Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday and weekend

 

$11.50 per play

     Regular weekend

 

$15.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$  8.00 per play

     Youth weekday & weekend

 

$  5.00 per play

18-hole rate

 

 

     Regular weekday and weekend

 

$18.00 $15.00 per play

     Regular weekend

 

$25.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$13.00 $11.00 per play

     Youth weekday & weekend

 

$  9.00 per play

Currie West Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday and weekend

 

$15.00  $18.00 per play

     Regular weekend

 

$21.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$10.00 $13.00 per play

     Youth weekday & weekend

 

$  8.00 per play

18-hole rate

 

 

     Regular weekday and weekend

 

$25.00 $30.00 per play

     Regular weekend

 

$35.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$17.00 $22.00 per play

     Youth weekday & weekend

 

$12.00 per play


 

Currie East and Currie West Municipal Golf Courses Membership Fees

Season Membership privileges good April 1 through October 31

East and West Course Unlimited Play

 

 

     Single Season Membership

 

$1,200.00 per Membership

     Couple Season Membership

 

$2,040.00 per Membership

     Senior Single Season Membership

 

$1,050.00 per Membership

     Senior Couple Season Membership

 

$1,785.00 per Membership

     Single Season Membership with Cart

 

$1,700.00 per Membership

     Couple Season Membership with Cart

 

$2,890.00 per Membership

     Senior Single Season Membership with Cart

 

$1,550.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,635.00 per Membership

     Youth 90 Day Unlimited Pass (June 1 – August 31)

 

$   400.00 per Membership

*  East and West Course Members receive:

  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

East Course Only Unlimited play

 

 

     Single season Membership

 

$   850.00 per Membership

     Couple season Membership

 

$1,445.00 per Membership

     Senior Single Season Membership

 

$   750.00 per Membership

     Senior Couple Season Membership

 

$1,275.00 per Membership

     Single Season Membership with Cart

 

$1,350.00 per Membership

     Couple Season Membership with Cart

 

$2,295.00 per Membership

     Senior Single Season Membership with Cart

 

$1,250.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,125.00 per Membership

*    Currie East Members receive:

  • 20% discount on Currie West green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Senior Limited Play:  East Course Only

·       Membership applies to East Course only, Monday through Friday before 12:00 p.m. (Pass not valid for weekday evening leagues)

     Single

 

$   575.00 per Membership

     *Couple

 

$   978.00 per Membership

     Single with Cart

 

$1,075.00 per Membership

     *Couple with Cart

 

$1,828.00 per Membership

*Couple defined as husband and wife

 

 

*Senior defined as sixty (60) years of age and older

 

 

Currie West 25 18-Hole Round Punch Pass

Good April 1 Through October 31

5 Day Regular

 

$460.00

7 Day Regular

 

$560.00

5 Day Senior

 

$325.00

7 Day Senior

 

$490.00

Currie East 25 18-Hole Round Punch Pass

Good April 1 Through October 31

5 Day Regular

 

$335.00

7 Day Regular

 

$400.00

5 Day Senior

 

$245.00

7 Day Senior

 

$355.00


 

Currie West 10 18-Hole Round Punch Card

Good April 1 Through October 31

Regular

 

$240.00 per card

*Senior

 

$176.00 per card

Regular with Cart

 

$368.00 per card

*Senior with Cart

 

$304.00 per card

*Senior defined as sixty (60) years of age and older

 

 

Currie East 25 18-Hole Round Punch Pass

Good April 1 Through October 31

5 Day Regular

 

$335.00

7 Day Regular

 

$400.00

5 Day Senior

 

$245.00

7 Day Senior

 

$355.00

Power Cart Fees

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $15.00 $16.00

Trail Fee (Private carts used only by owner or member of immediate family.)  All other riders must pay a cart rental fee.

 

 

     Season pass

 

$500.00 per pass

     Daily pass

 

$  10.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$8.00 per play

Par 3 – Senior

 

$6.00 per play

Par 3 – Youth

 

$4.00 per play

Driving Range Fees

Driving Range

 

 

     Medium Basket

 

$6.00

     Large Basket

 

$8.00

Driving Range Season Membership Fees

     Single

 

$300.00

Youth Golf Program

     Program Fee

 

$70.00 or Youth Membership

Senior is defined as 60 years of age and older.

Youth is defined as 18 years of age and under.

Couple is defined as husband and wife.

           

Exception:  The Golf Course Manager is authorized with the approval of the City Manager to reduce Golf Course fees on a discretionary basis for the purpose of marketing additional play.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

TRAFFIC CONTROL ORDER S-12-02

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that Traffic Control Order No. S-12-02 filed December 18, 2012 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Hawk’s Nest Drive shall stop for Dublin Avenue. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-12-03

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that Traffic Control Order No. S-12-03 filed December 18, 2012 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Whiting Drive shall stop for Tittabawassee River Road.  

is hereby made permanent.  (Motion ADOPTED.)

 

2013 ANNUAL SIDEWALK REPORT

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2013 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

ANNUAL REVIEW OF LIQUOR LICENSES REPORT

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to cause an annual review of each liquor licensee to be submitted to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees, with the noted personal property taxes due for the three licensees,  have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore  

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licenses is hereby received and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 

QUARTERLY FINANCIAL REPORT – 09/30/12

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the quarterly financial information of the City of Midland, for the quarter ended September 30, 2012, is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

2013 ABBOTT ROAD RECONSTRUCTION

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

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   Abbott Road from Eastlawn Drive to Ashman Street; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2013 Abbott Road Reconstruction, Contract No. 1", in the indicated amount of $301,768.00, 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.)

 

2013 CURB REPLACEMENT AND PAVEMENT PATCHING

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, City Council awarded a construction contract for the 2011 Curb Replacement and Pavement Patching; Contract No. 3 to A.J. Rehmus & Son, Inc. on April 11, 2011 for the replacement of curbs and pavement patching on various local streets; and 

WHEREAS, the contractor also performed work in 2012 honoring the unit prices bid in 2011; and

WHEREAS, A.J. Rehmus & Son, Inc. has agreed to complete work for the 2013 Curb Replacement and Pavement Patching Program for the unit prices that were bid in 2011 in the amount of $135,000.00; and

WHEREAS, funding for this work is provided by the Local Street Fund; now therefore

RESOLVED, that the City Manager is authorized to issue a purchase order to A.J. Rehmus & Son, Inc. for the 2013 Curb Replacement and Pavement Patching Program in the amount of $135,000.00.  (Motion ADOPTED.)

 

ICE RESURFACING SERVICE AGREEMENT

Assistant City Manager for Financial Services David Keenan presented the Ice Resurfacing Proposal for the Midland Civic Arena.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, it has been determined that sealed proposals are impractical and the proposal submitted by the Midland Amateur Hockey League to provide ice resurfacing services to the City at the Midland Civic Arena, at a rate of $16.25 per hour is hereby approved and a service agreement with the Midland Amateur Hockey League shall be executed as soon as administratively possible.  (Motion ADOPTED.)

 

SMALL CAR PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, bids for light duty vehicles 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 three small cars is included in the FY 2012-13 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Signature Ford of Owosso, Michigan, in the amount of $47,550.00 for the purchase of three small cars, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

SEWER CAMERA COMPONENTS

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, staff actively inspects sanitary and storm sewers throughout the City to identify needed sewer pipe repairs and replacements, inflow and infiltration of groundwater, and pipe obstructions; and

WHEREAS, to facilitate the inspections of pipe with diameters of 6 inches and greater, staff utilizes a sewer camera positioned on a four-wheel transporter tethered by a cable, and is remotely controlled; and

WHEREAS, the existing camera is older technology, heavier, and is more suited for pipe diameters of 15 inches and larger, and since over 75% of the city’s sewer system is 10-inch or less diameter pipe, staff has requested bids for a new sewer camera and components, including camera controller, tractor/transporter, and reel with controller; and

WHEREAS, on February 19, 2013, bids were received for Bid No. 3498, Sewer Camera Components, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid received from Fredrickson Supply of Wyoming, Michigan in the amount of $40,000.00 meets city specifications and is acceptable; and

WHEREAS, funding is provided for this purchase in the 2012/13 Storm Water Maintenance Fund, account #250.9120.97.025 – Capital Equipment; now therefore

RESOLVED, that the low bid received from Fredrickson Supply of Wyoming, Michigan in the amount of $40,000.00 for the purchase of a sewer pipe inspection camera system, is hereby accepted and a purchase order in that amount is authorized.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:45 p.m.

 

 

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            Selina Tisdale, City Clerk