June 10, 2013

 

A regular meeting of the City Council was held on Monday, June 10, 2013, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the May 20, 2013 regular and June 3, 2013 special meeting was offered by Councilman Adams and seconded by Councilman Brown Wilhelm.  (Motion ADOPTED.)

 

AMATEUR RADIO WEEK

Communications Coordinator Libby Richart introduced Kevin Martin of the Midland Amateur Radio Club.  The following resolution was offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 17 – 23, 2013, as Amateur Radio Week in Midland.  (Motion ADOPTED.)  Mayor Donker then presented Mr. Martin with the proclamation.

 

MIDLAND AREA COMMUNITY FOUNDATION – NEEDS ASSESSMENT PRESENTATION

City Manager Jon Lynch introduced President and Chief Executive Officer Sharon Mortensen of the Midland Area Community Foundation (MACF), who made a presentation on a Needs Assessment completed by the MACF.

 

ZONING PETITION NO. 585

Planning and Community Development Director Brad Kaye presented information on Zoning Petition No. 585 – rezoning property located at 4120 Isabella Street from Regional Commercial to Office Service 50 feet west and from Office Service to Residential A-1 single-family residential district 30 feet south.  A public hearing opened at 7:33 p.m., recognizing no public comments, the hearing closed at 7:33 p.m.  The following ordinance amendment was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1747

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE SERVICE ZONING DISTRICT WHERE A REGIONAL COMMERCIAL ZONING DISTRICT PRESENTLY EXISTS AND A RESIDENTIAL A-1 ZONING DISTRICT WHERE AN OFFICE SERVICE ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

BEG AT A POINT 1174.51 FT E AND 217 FT N OF THE S ¼ COR OF SEC 13 T14N R11 TH N 110 FT, W 110 FT, S 110 FT, E 110 TO POB

Be, and the same is hereby changed to Residential A-1.    

Section 2.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

BEG AT A POINT 1174.51 FT E OF THE S ¼ COR OF SEC 13 T14N R11 TH N 217 FT, W 160 FT, S 217 FT, E 160 TO POB

Be, and the same is hereby changed to Office Service.    

Section 3.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 4.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WATER RATES ORDINANCE AMENDMENT (first reading)

Utilities Director Noel Bush presented information on an ordinance amending Section 28-52 of Division 3 of Article II of Chapter 28 – Water Rates.   Introduction and first reading of the following ordinance amending water rates was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)  For each one thousand (1,000) gallons used per quarter: $1.28        $1.32

(2)  In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4”

$34.59

$35.55

1"

$44.97

$46.22

1- 1/2"

$55.35

$56.88

2"

$89.94

$92.43

3"

$345.90

$355.50

4"

$449.67

$462.15

6"

$657.21

$675.45

8"

$933.93

$959.85

(3)  Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect July 1, 2013.  (Motion ADOPTED.  Considered first reading.)

 

SEWER CAPITAL CHARGES ORDINANCE AMENDMENT (first reading)

Utilities Director Noel Bush presented information on an ordinance amending Section 28-182 of Division 4 of Article III of Chapter 28 – Sewer Capital Charges.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-182 OF DIVISION 4 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-182 of Division 4 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-182. Sewer connection charges.

Sewer connection charges shall be made in accordance with the provisions of Chapter 21, entitled "Rates, Charges and Fees," of this Code.

In addition to any other sewer connection charges, a one-time sewer system Capital Charge shall be paid in advance of connection in accordance with the following schedule:

Metered Service

Amount

AMOUNT

 

     5/8" – 3/4"

$150.00

 $3,250.00

1"

200.00

 4,225.00

1 – 1/4"

230.00

 

1 – 1/2"

240.00

 5,200.00

2"

390.00

 8,450.00

3"

1,500.00

 32,500.00

≥ 4"__

1,950.00

 42,250.00

6"

2,850.00

 

8"

4,050.00

 

Section 2.    This ordinance shall take effect July 1, 2013.  (Motion ADOPTED.  Considered first reading.)

 

SEWER RATES ORDINANCE AMENDMENT (first reading)

Utilities Director Noel Bush presented information on an ordinance amending Section 28-163 of Division 3 of Article III of Chapter 28 – Sewer Rates.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)          There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4"

$43.11

$43.68

1"

$56.04

$56.78

1 – 1/2"

$68.98

$69.89

2"

$112.09

$113.57

3"

$431.10

$436.80

4"

$560.43

$567.84

6"

$819.09

$829.92

8"

$1,163.97

$1,179.36

(2)          In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:        $2.04               $2.08

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2013.  (Motion ADOPTED.  Considered first reading.)

 

SITE PLAN NO. 318

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 318, the request of SSP Associates, Inc. for site plan review and approval for a 30,000 square foot two-story office building, located at 409 Ashman Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 318 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. 318, contingent upon the following:

1.   Final stormwater design detail shall be provided to the satisfaction of the City Engineering Department.

2.   Water service to the satisfaction of the City Engineering and Utility Departments shall be provided and appropriate utility easements conveyed to the City of Midland.

3.   A final soil and sedimentation control plan shall be submitted to the City Building Department.

4.   A photometric plan meeting the requirements of the City Zoning Ordinance must be submitted.

5.   Lighting fixture location and detail must be submitted for the parking lot and structure.

6.   The pedestrian entrance on Buttles Street must be designed and constructed to meet the requirements of Sec. 21.04 of the Zoning Ordinance.

7.   Signage must meet the requirements of Article 8 of the Zoning Ordinance.

8.   A bike rack must be located on the site. 

(Motion ADOPTED.)

 

DONATION FOR PICNIC PAVILION AT REDCOATS SOFTBALL COMPLEX

Director of Public Services Karen Murphy presented information on a donation of funds from the Midland Softball Association to construct a picnic pavilion at the Redcoats Softball Complex.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, the Midland Softball Association has secured funding from local foundations toward the construction of a picnic pavilion at the Redcoats Softball Complex valued at approximately $37,000; and

WHEREAS, the Midland Softball Association is working with staff on the design and location for the new pavilion and will be overseeing the construction process with the pavilion to be donated to the City as a completed project; and

WHEREAS, the Parks and Recreation Commission at their meeting of May 7, 2013 unanimously recommended that the City Council accept the generous donation; now therefore

RESOLVED, that the City Council hereby accepts the Midland Softball Association’s gift of a new picnic pavilion at the Redcoats Softball Complex.  (Motion ADOPTED.)

 

MIDLAND EXPLORERS BOOSTER CLUB – BEER TENT AT EMERSON PARK

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

 

WHEREAS, on May 7, a request was presented to the Midland Parks and Recreation Commission to host a beer tent at Emerson Park July 26-28 in conjunction with a state softball tournament as a fundraiser for the Midland Explorers Booster Club; and

WHEREAS, the Parks and Recreation Commission voted unanimously to recommend that permission be granted; now therefore

RESOLVED, that the Midland Explorers Booster Club is authorized to host a beer tent at Emerson Park from July 26-28 provided the appropriate licenses are secured; and

RESOLVED FURTHER, that the Midland Explorers Booster Club must provide the City of Midland with insurance coverage as deemed appropriate by the Assistant City Manager for Financial Services.  (Motion ADOPTED.)

 

LINE DRIVE WOMEN’S SOFTBALL CLUB – REQUEST TO HOST TWO TOURNAMENTS

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

 

WHEREAS, the Line Drive Women’s Softball Club has expressed interest in hosting a National Softball Association’s Michigan State girls softball tournament June 21-23 and their Club’s annual Grand Slam tournament July 12-14 in Midland; and

WHEREAS, the Parks staff has reviewed and supports the request to host the tournaments in Emerson Park and the Redcoats Complex; now therefore

RESOLVED, that the City Council hereby supports the Line Drive Women’s Softball Club’s request to host the National Softball Association’s Michigan State girls softball tournament and the Grand Slam tournament in Midland; and

RESOLVED FURTHER, that the Council pledges City support to include:

1.      Use of Emerson Park and Redcoats Complex June 21-23 and July 12-14, 2013.

2.      The right to charge admission at Emerson Park for the tournaments.

3.      Field maintenance support from the City’s Parks and Recreation staff.

(Motion ADOPTED.)

 


GIFT FOR CIVIC ARENA PROJECT – TURF CONVERSION

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

 

WHEREAS, the City has been awarded a grant in the amount of $141,350 from The Herbert H. and Grace A. Dow Foundation to be used to fund expenditures related to converting the north arena of the Midland Civic Arena from a cement floor to a turf facility; now therefore

RESOLVED, that the City Council of the City of Midland graciously accepts this grant of $141,350 from The Herbert H. and Grace A. Dow Foundation.  (Motion ADOPTED.)

 

PROPOSED 2013-14 CIVIC ARENA BUDGET AMENDMENT

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

 

WHEREAS, the City has been awarded a grant in the amount of $141,350 from The Herbert H. and Grace A. Dow Foundation to be used to fund expenditures related to converting the north arena of the Midland Civic Arena from a cement floor into a turf facility; and

WHEREAS, the 2013-14 Civic Arena Fund budget does not currently include this funding, nor the related expenditures, and in order to spend this grant for the purpose intended, it is necessary to amend the 2013-14 Civic Arena Fund budget; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. Monday, June 24, 2013 in the Council Chambers of City Hall on the proposal to amend the 2013-14 Civic Arena Fund budget to recognize additional revenue of $141,350 from this grant, as well as increase expenditures by the same amount to fund the costs associated with converting the north arena of the Midland Civic Arena from a cement floor into a turf facility; and

RESOLVED FURTHER, that the City Clerk is hereby directed to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

JULY 2013 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2013; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2013 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2013 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2013; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2013 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2013 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2013; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2013 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2013 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2013; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2013 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2013 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2013; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2013 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions.  (Motion ADOPTED.)

 

JULY 2013 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2013 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

             1996 Street Improvement                                                         $       847.10

             2008 Street Improvement                                                         $    6,528.00

             2012 Street Improvement                                                         $    1,892.59

                        Subtotal Street Improvement Rolls                               $    9,267.69

Sanitary Sewer Improvement Rolls

            1996 Sanitary Sewer Improvement                                         $        697.88

            2003 Sanitary Sewer Improvement                                         $   14,515.97

            2009 Sanitary Sewer Improvement                                         $   35,256.82

            2012 Sanitary Sewer Improvement                                         $     4,461.43

                        Subtotal Sanitary Sewer Improvement                        $   54,932.10

Sidewalk Improvement Rolls

            2009 Sidewalk Improvement                                                    $     6,941.09

                      Subtotal Sidewalk Improvement Rolls                           $     6,941.09

2013 Downtown Economic Revitalization Roll (SARA)                       $   36,022.00

Accounts Receivable Roll                                                                    $   35,108.10

TOTAL SPECIAL ASSESSMENT ROLL                                            $ 142,270.98

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2013 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

MACKINAC CENTER REQUEST TO HANG 25TH ANNIVERSARY BANNER

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

 

RESOLVED, that the request from the Mackinac Center for Public Policy to hang a banner on the City light pole located on the northeast corner of Gordon and Main Street from June through December 2013  recognizing the 25th Anniversary of the organization, is hereby approved subject to the following conditions:

·         The requestor must pay for the banner installation and removal;

·         Banner material and sizes shall meet current requirement;

·         The banner installation company must provide a plan to the City Engineering Department prior to installation;

·         The City may temporarily remove the banners to accommodate events or various other installations when determined.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

(MATS) METROPOLITAN PLANNING ORGANIZATION COMMITTEE ASSIGNMENTS

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

 

WHEREAS, the Midland Area Transportation Study (MATS), a Metropolitan Planning Organization (MPO), has recently been established by the Governor to provide opportunity for comprehensive transportation and transit planning in the Midland Urban Area; and

WHEREAS, MATS bylaws require Technical and Policy committee participation by representatives of the City of Midland; and

WHEREAS, MPO criteria requires that the city representative on the Policy Committee be an elected official; now therefore

RESOLVED, that the Mayor be authorized to serve in official capacity as the City of Midland elected representative to the MATS Policy Committee; and

RESOLVED, that the City Manager is hereby authorized to assign city staff and Non-Motorized Transportation committee members and their alternates, as appropriate, to MATS committees in writing, verbally or electronically; and

RESOLVED FURTHER, that any current staff member assignments are retroactive to the MATS development, pre-planning and start up of the MPO.  (Motion ADOPTED.)

 


BOOK ORDERING AND PROCESSING SERVICES - LIBRARY

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Company has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2012/2013; now therefore

RESOLVED, that the current contract with Brodart Company for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2012/2013 in an amount not to exceed $200,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 13,500 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $41,143.95 executed by the Purchasing Agent on May 15, 2013, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $40,213.40 executed by the Purchasing Agent on May 15, 2013, is hereby approved.  (Motion ADOPTED.)

 

2013 SIDEWALK REPLACEMENT PROGRAM

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

 

WHEREAS, sealed proposals were advertised and received on April 19, 2011 in accord with Article II of Chapter 2 of the Midland Code of Ordinances for sidewalk repair within the City of Midland; and

WHEREAS, the low bidder meeting specifications, Northwood Concrete LLC of Midland, Michigan, has offered to extend their bid prices for the 2013 season; and

WHEREAS, City staff was satisfied with their work in previous years and sufficient funds are appropriated for this work in FY 2013-14; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Northwood Concrete LLC of Midland, MI for up to $75,000 for sidewalk repair work for FY 2013-14.  (Motion ADOPTED.)

 

2013 PAVEMENT MARKING PROGRAM

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 annual pavement marking of major streets; and

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

RESOLVED, that the sealed proposal submitted by P.K. Contracting, for the "2013 Pavement Marking Program; Contract No. 16", in the indicated amount of $52,690.00, 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 this contract in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:05 p.m.

 

 

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            Selina Tisdale, City Clerk