June 24, 2013

 

A regular meeting of the City Council was held on Monday, June 24, 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 June 10, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

2013-14 CIVIC ARENA FUND BUDGET AMENDMENT

Assistant City Manager for Financial Services Dave Keenan presented information on an amendment to the 2013-14 Civic Arena Fund budget to recognize additional revenue of $141,350 to fund the conversion of the North Arena of the Midland Civic Arena into a turf facility.  A public hearing opened at 7:05 p.m., recognizing no public comments, the hearing closed at 7:05 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, City Council is very appreciative of the generosity of The Herbert H. and Grace A. Dow Foundation, and on June 10, 2013, accepted a gift from The Herbert H. and Grace A. Dow Foundation in the amount of $141,350 given for the purpose of converting the North Arena of the Midland Civic Arena to an indoor turf facility; and

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 on Monday, June 24, 2013, on the proposal to amend the 2013-14 Civic Arena Fund budget to increase revenues by $141,350 to recognize a gift from The Herbert H. and Grace A. Dow Foundation, and increase expenditures by the same to provide budgetary authorization to use these funds to convert the North Arena of the Midland Civic Arena to an indoor turf facility; now therefore

RESOLVED, that the 2013-14 Civic Arena Fund budget shall be amended to increase revenues and expenditures by $141,350 as described above to provide budgetary authorization to convert the North Arena of the Midland Civic Arena to an indoor turf facility.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WATER RATE ORDINANCE AMENDMENT

Utilities Director Noel Bush presented for second reading and adoption an ordinance amending Section 228-52 of Division 3 of Article II of Chapter 28 – Water Rates.  The following ordinance amending Section 28-52. Filtered water rate generally - was then offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1748

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: $1.32         

(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

     5/8" – 3/4”

$35.55

1"

$46.22

1- 1/2"

$56.88

2"

$92.43

3"

$355.50

4"

$462.15

6"

$675.45

8"

$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.  (Ordinance ADOPTED.)

 

SEWER CONNECTION CHARGES ORDINANCE AMENDMENT

Utilities Director Noel Bush presented for second reading and adoption an ordinance amending Section 28-182 of Division 4 of Article II of Chapter 28 – Sewer Capital Charges.  Greg Weckesser, 4103 Stonegate Drive, spoke in support of reasonable utility rate increases and encouraged the city to continue to apply for increases in a way that will be affordable to the builder and buyer.   The following ordinance amending Section 28-182. Sewer connection charges - was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

ORDINANCE NO. 1749

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

     5/8" – 3/4"

 $3,250.00

1"

 4,225.00

1 – 1/2"

 5,200.00

2"

 8,450.00

3"

 32,500.00

≥ 4"__

 42,250.00

Section 2.    This ordinance shall take effect October 1, 2013.  (Ordinance ADOPTED.)

 

SEWER RATES ORDINANCE AMENDMENT

Utilities Director Noel Bush presented for second reading and adoption an ordinance amending Section 28-163 of Division 3 of Article III of Chapter 28 – Sewer Rates.  The following ordinance amending Section 28-163. Amount of sewer charge – was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1750

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

     5/8" – 3/4"

$43.68

1"

$56.78

1 – 1/2"

$69.89

2"

$113.57

3"

$436.80

4"

$567.84

6"

$829.92

8"

$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: $2.08

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.  (Ordinance ADOPTED.)

 

SITE PLAN NO. 315 – ASHMAN STREET APARTMENTS

Planning and Community Development Director Brad Kaye presented Site Plan No. 315 - Ashman Street Apartments – for site plan review and approval for a multi-family development with seven buildings and 35 units, located at 3535 E. Ashman Street.  Ron Schauman, Schauman Developers, spoke regarding his intent for buffering the development property.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 315, the request of MLR Engineering on behalf of Schauman Development for site plan review and approval for a multi-family development with seven buildings and 35 units, located at 3535 East Ashman Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 315 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. 315, contingent upon the following:

1.    Final stormwater design detail, including full site grading plans, shall be provided to the satisfaction of the City Engineering Department.

2.    Final soil erosion and sedimentation control plans shall be provided to the satisfaction of the City Building Department.

3.    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.

4.    All trees in good health and located within the 30 foot buffer along the north property line and the 50 foot buffer along the west property line shall be maintained.

5.    Access from Ashman Street and along the private road identified as Michele Lane shall be provided in favor of the adjacent property currently operated as Brittany Manor (property ID# 14-12-50-216).

6.    Contingencies 4 and 5 above shall be secured in a written agreement to the satisfaction of the City Attorney.

7.    Sidewalks must be separated from the street pavement with a rolled 4” concrete curb. 

8.    Private garbage collection service must be provided as the site design does not provide for city garbage collection. 

9.    The standards for second access under Section 9.03.A.4.a of the zoning ordinance are waived provided the applicant secures an agreement to provide emergency access with Brittany Manor. 

(Motion ADOPTED.)

 

SITE PLAN NO. 319 – INDEPENDENCE VILLAGE

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 319, the request of Edmund London and Associates for site plan review and approval for a 26,536 square foot addition to Independence Village, located at 2325 Rockwell Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 319 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. 319, contingent upon the following:

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

2.      Final soil erosion and sedimentation control plans shall be provided to the satisfaction of the City Building Department.

3.      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.

4.      Final sign design compliant with Section 8.05.D of the Zoning Ordinance shall be provided to the satisfaction of the City Building Department. 

(Motion ADOPTED.)

 

TRANSFER OF PERSONAL PROPERTY EXEMPTION CERT. #229-2010 – DOW CHEMICAL 

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

 

WHEREAS, on April 12, 2010 the Midland City Council granted an exemption of new personal property currently in force under Public Act 328 of 1998, as amended (PA 328), to The Dow Chemical Company; and

WHEREAS, the State of Michigan issued PA 328 Personal Property Exemption Certificate No. 229-2010 to The Dow Chemical Company located in the City of Midland; and

WHEREAS, on April 1, 2012, the assets associated with Certificate No. 229-2010 were transferred from The Dow Chemical Company to Dow Business Services LLC, which is wholly owned by The Dow Chemical Company; and

WHEREAS, under PA 328, the exemption must be transferred to Dow Business Services LLC in a resolution of continuation of PA 328 Certificate No. 229-2010 adopted by the Midland City Council; and

WHEREAS, Dow Business Services LLC has requested the Midland City Council to consider the transfer of PA 328 Certificate No. 229-2010 from The Dow Chemical Company to Dow Business Services LLC; now therefore

RESOLVED, that the Midland City Council approves the continuance and transfer of PA 328 Certificate No. 229-2010 from The Dow Chemical Company to Dow Business Services LLC for the remaining period ending December 30, 2020 within the “Business Process Service Center Act 328 Eligible District”.  (Motion ADOPTED.)

 

MIDLAND PROFESSIONAL FIRE FIGHTERS LABOR AGREEMENT

Assistant City Manager for Human Resources Paula Whittington presented a three year agreement with the Midland Professional Fire Fighters.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Professional Fire Fighters for labor contract changes effective July 1, 2013 and expiring June 30, 2016; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

LIBRARY BOARD – HAYES APPOINTMENT

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

 

RESOLVED, that Debra Hayes is hereby appointed as a citizen-at-large member of the Library Board for a term expiring June 30, 2015.  (Motion ADOPTED.)

 

LOCAL OFFICERS COMPENSATION COMMISSION – MAYVILLE & KOK APPOINTMENTS

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

RESOLVED, that Greg Mayville and Sarah Kok are hereby appointed to the Local Officers Compensation Commission for terms expiring June 30, 2019 and June 30, 2020, respectively.  (Motion ADOPTED.)

 

PARKS AND RECREATION COMMISSION – VARELA APPOINTMENT

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

 

RESOLVED, that Ares Varela is hereby appointed as a citizen-at-large member of the Parks and Recreation Commission for a term expiring June 30, 2016.  (Motion ADOPTED.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION – MAZOR APPOINTMENT

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

 

RESOLVED, that Michael Mazor is hereby appointed to the West Main Street Historic District Commission for a term expiring June 30, 2016.  (Motion ADOPTED.)

 

DOWNTOWN DEVELOPMENT AUTHORITY – SLEZAK APPOINTMENT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Andrea Slezak to the Downtown Development Authority to fill a term to expire May 1, 2017.  (Motion ADOPTED.)

 

CENTER CITY AUTHORITY – GINIS REAPPOINTMENT

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

 

RESOLVED, that in accord with Section 8 of Act 280 of 2005, the Corridor Improvement Authority Act, the City Council confirms the reappointment of David Ginis to the Center City Authority for a term to expire June 30, 2017.  (Motion ADOPTED.)

 

COMMUNITY 5K COLOR FUN RUN/WALK

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

 

RESOLVED, that the request from the United Way of Midland County to host a Community 5k Color Fun Run/Walk on Saturday, September 14, 2013, utilizing the Rail Trail, using amplified sound and charging an entry fee, is hereby approved subject to the following conditions:

·         Event organizer must provide certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Additional Insured for the date of the event.  The certificate must be submitted to the City Engineer’s Office no less than 30 days prior to the event.

·         This event is the same weekend as the Cruise and Car Show so downtown parking could be limited.  Main Street will be closed Friday and Saturday, September 13 and 14, 2013 but Ashman and Rodd intersections with Main Street are open on Saturday.  Farmers Market is in session as well.

·         Event volunteers must monitor the intersections and move barricades for cars when runners are not present.  Midland Police will provide support at these locations as needed utilizing an Officer from shift that will monitor the event.

·         The stage is tentatively reserved.  Organizers must contact the Parks and Recreation Office at 837-6930 for details and pricing.

·         Also contact the Parks office to discuss location for food vendors and any need for electrical and water.

  • Use of the Rail Trail is non-exclusive and no markings of any type (i.e., paint, spray paint, spray chalk, chalk, corn starch with food coloring, etc.) are permitted on the trail route surfaces.

; and

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

 

MAKE STRIDES AGAINST BREAST CANCER WALK

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

 

RESOLVED, that the request from the American Cancer Society to host Making Strides Against Breast Cancer, a three mile walk, on Saturday, October 19, 2013, utilizing the Rail Trail, is hereby approved subject to the following conditions:

·         Fire Marshal Josh Mosher 837-3413, must be contacted in regard to any tent 200 sq. ft. or larger in area, as well as the stage venue.

  • Use of the Rail Trail is non-exclusive and no markings of any type (i.e., paint, spray paint, spray chalk, chalk, corn starch with food coloring, etc.) are permitted on the trail route surfaces.

·         Trail must be cleaned up afterwards to remove any litter/signage.

·         Farmers Market is in session on this day, as well.

; and

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

 

CITY MANAGER AND ATTORNEY JOB PERFORMANCE REVIEWS

Mayor Donker presented the City Council’s report on the job performance review and resolutions adjusting the annual compensation for the City Attorney and City Manager.

 

JOB PERFORMANCE REVIEW – CITY ATTORNEY

Councilman Adams read the performance review for City Attorney Jim Branson and presented a recommendation to adjust his compensation a meritorious 2.5% of base salary.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that the salary of James O. Branson III, City Attorney, is amended as follows – increased to $125,088 effective July 1, 2013; and

RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and

RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of James O. Branson III incorporating this and previous Council amendments once approved by the Assistant City Manager for Human Resources as well as James O. Branson III.  (Motion ADOPTED.)

 

JOB PERFORMANCE REVIEW – CITY MANAGER

Councilman Brown Wilhelm read the performance review for City Manager Jon Lynch and presented a recommendation to adjust his compensation a meritorious 2.5% of base salary.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski:

 

RESOLVED, that the salary of Jon Lynch, City Manager, is amended as follows – increased to $138,346 effective July 1, 2013; and

RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and

RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of Jon Lynch incorporating this and previous Council amendments once approved by the Assistant City Manager for Human Resources as well as Jon Lynch.  (Motion ADOPTED.)

 

FIVE YEAR HVAC MAINTENANCE AGREEMENT FOR WASHINGTON WOODS

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

 

WHEREAS, J.E. Johnson has provided mechanical maintenance services under contract to Washington Woods Senior Living Community for the past five years, meeting all of the contractual obligations for preventive maintenance and responding to service calls in a timely manner; and

WHEREAS, a new five (5) year contract that will provide 24 hour coverage, seven days a week, including holidays with a cost adjusted annually at 2.5% has been determined to be in the best interests of the Washington Woods Senior Living Community; and

WHEREAS, Washington Woods will prepay in full for the year, thereby realizing a five percent (5%) discount; now therefore

RESOLVED, that the proposed five (5) year contract with J.E. Johnson for mechanical maintenance services at Washington Woods Senior Living Community be accepted as favorable to the City; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to sign the proposed five (5) year contract between J.E. Johnson and Washington Woods Senior Living Community.  (Motion ADOPTED.)

 

CHLORINATOR REPLACEMENT – WATER PLANT

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

 

WHEREAS, the Midland municipal water supply is disinfected with chlorine gas with the use of a set of chlorinators; and

WHEREAS, the existing chlorination equipment is beyond its useful life and needs to be replaced with new chlorination equipment, including gas chlorinators, solution injectors, and automatic controllers; and

WHEREAS, on June 4, 2013, bids were received for Bid No. 3517, Chlorinator Replacement, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid received from RS Technical of Lowell, Michigan in the amount of $25,120.00 meets city specifications and is acceptable; and

WHEREAS, funding is provided for this purchase in the 2012/13 Water Enterprise Fund budget, account #591.9120.97.025 – Capital Equipment; now therefore

RESOLVED, that the low bid received from RS Technical of Lowell, Michigan in the amount of $25,120.00 for the purchase of chlorination equipment, is hereby accepted and a purchase order in that amount is authorized.  (Motion ADOPTED.)

 

PO INCREASE FOR GENERAL ENGINEERING SERVICES – LANDFILL

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

 

WHEREAS, each year funds are budgeted for general engineering support to provide assistance to landfill staff with special waste compliance, testing and compliance reporting for greenhouse gas regulations, site surveys and airspace calculations, small design projects at the landfill, and support services for extensive air emissions regulations and reporting requirements; and

WHEREAS, an administratively approved purchase order was made early in the fiscal year to CTI and Associates, Inc. of Wixom (CTI) in the amount of $20,000.00 to begin the work; and

WHEREAS, in October 2012, Council authorized an increase of $60,000.00 to that purchase order, bringing the total amount to $80,000.00, which at the time was an estimate of engineering assistance needed through the remainder of the fiscal year; and

WHEREAS, additional assistance is required to close out several end-of-quarter compliance and design efforts scheduled for this month, along with recently completed items, including a surface emissions scan of the landfill and gas pipeline, pipeline reporting and follow-up, and development of bid specifications for drilling additional gas collection wells; and

WHEREAS, funding for the additional general engineering assistance is budgeted in the 2012/13 Landfill Enterprise Fund budget, account 517.8110.80.002 – Professional Services; now therefore

RESOLVED, that an increase of $15,000.00 to the existing purchase order of $80,000.00 to CTI and Associates, Inc., bringing the total purchase order to $95,000.00 for recently completed items, as well as additional assistance to close out several end-of-quarter compliance and design efforts scheduled for this month.  (Motion ADOPTED.)

 

PO INCREASE FOR ENGINEERING SERVICES – LANDFILL CELL PERMIT & LICENSE

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

 

WHEREAS, the City of Midland operates a gas collection system at the Landfill to fuel a renewable energy facility; and

WHEREAS, a bioreactor designed cell, which will enhance production and achieve more efficient collection of the landfill gas, resulting in a longer landfill life and increased energy production, requires a separate permit and operating license update through the Michigan Department of Environmental Quality (MDEQ); and

WHEREAS, in September 2012, Council approved a budget amendment and purchase order in the amount of $90,000.00 to the Landfill’s engineering firm, CTI and Associates, Inc. of Wixom (CTI), for the development of this bioreactor cell for pursuit of the permit and license update; and

WHEREAS, approval of the bioreactor permit was achieved in April 2013, while the updated landfill site license renewal letter was received in early June; and

WHEREAS, several iterations of design, submittal of timely responses, and meetings on site and at MDEQ offices in earning approval, expenses have surpassed the existing purchase order; and

WHEREAS, funding for the additional general engineering assistance is budgeted in the 2012/13 Landfill Enterprise Fund budget, account 517.8110.80.002 – Professional Services; now therefore

RESOLVED, that an increase of $11,000.00 to the existing purchase order of $90,000.00 to CTI and Associates, Inc., bringing the total purchase order to $101,000.00 for cost associated with the finalizing and achieving the bioreactor cell permit and associated landfill site operating license update.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,698 gallons of regular #2 diesel fuel from Foster Oil of Richmond, Michigan for $39,146.66 executed by the Purchasing Agent on June 12, 2013, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,162 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $37,182.65 executed by the Purchasing Agent on June 18, 2013, is hereby approved.  (Motion ADOPTED.)

 

2013 HOT-IN-PLACE PAVEMENT RECYCLING

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for hot-in-place pavement recycling and resurfacing of 16 local streets; and

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

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company, Inc. of Bay City, Michigan, for the "2013 Hot-In-Place Pavement Recycling; Contract No. 11", in the indicated amount of $569,784.55, 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.)

 

Being no further business the meeting adjourned at 8:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk