September 30, 2013

 

A regular meeting of the City Council was held on Monday, September 30, 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

Councilmen absent:

Marty Wazbinski

 

MINUTES

Approval of the minutes of the September 9, 2013 regular and September 13, 2013 special meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Adams.  (Motion ADOPTED.)

 

FIRE PREVENTION WEEK

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 6-12, 2013, as FIRE PREVENTION WEEK in Midland. (Motion ADOPTED.)  Mayor Donker presented Fire Chief Chris Coughlin with the proclamation. 

 

ROLLER SKATING MONTH

Communications Coordinator Libby Richart introduced Becca Turner and Wesley Swartz from the Midland Roll Arena.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating October 2013, as Roller Skating Month in the city of Midland.  (Motion ADOPTED.)  Mayor Donker presented Becca Turner and Wesley Swartz with the proclamation.

 

ZONING PETITION NO. 587

Director of Planning and Community Development Brad Kaye presented information on Zoning Petition No. 587 – rezoning property located at 6923 Perrine Road from Residential A (Larkin Township zoning) to RA-1 Residential Single-Family zoning.  A public hearing opened at 7:17 p.m., recognizing no public comments, the hearing closed at 7:17 p.m.   The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1751

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 A RA-1 RESIDENTIAL ZONING DISTRICT WHERE A RESIDENTIAL-A (LARKIN TOWNSHIP) 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:

PART OF THE SOUTHWEST ¼ OF SECTION 31, T15N, R2E, DESCRIBED AS; BEGINNING AT THE INTERIOR ¼ CORNER OF SAID SECTION 31; THENCE SOUTH 00D 00M 00S WEST, ALONG THE NORTH-SOUTH ¼ LINE, 318.00 FEET; THENCE NORTH 89D 11M 59S WEST, PARALLEL TO THE SOUTH 1/8 LINE, 418.00 FEET; THENCE SOUTH 00D 00M 00S WEST, PARALLEL TO SAID NORTH-SOUTH ¼ LINE, 478.00 FEET; THENCE NORTH 89D 11M 59S WEST, PARALLEL TO SAID SOUTH 1/8 LINE, 125.00 FEET; THENCE SOUTH 68D 12M 05S WEST, 285.16 FEET; THENCE SOUTH 00D 00M 00S WEST, PARALLEL TO SAID NORTH-SOUTH ¼ LINE, 398.75 FEET TO THE SOUTH 1/8 LINE; THENCE NORTH 89D 11M 59S WEST, ALONG SAID SOUTH 1/8 LINE, 899.63 FEET TO THE SOUTHEAST CORNER OF MIDLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 46, SOMERSET PINES SITE CONDOMINIUM, CITY OF MIDLAND, MIDLAND COUNTY; THENCE ALONG THE MIDLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 46, SOMERSET PINES SITE CONDOMINIUM LINE ON THE FOLLOWING 2 COURSES; NORTH 00D 45M 51S EAST, 691.71 FEET; THENCE NORTH 89D 56M 26S EAST, 300.24 FEET; THENCE SOUTH 89D 13M 40S EAST, 361.00 FEET; THENCE NORTH 00D 46M 17S EAST, 603.50 FEET TO THE EAST-WEST ¼ LINE, THENCE SOUTH 89D 08M 55S EAST, ALONG SAID EAST-WEST ¼ LINE, 1028.87 FEET BACK TO THE PLACE OF BEGINNING.

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

Section 2.  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 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

FIREWORKS ORDINANCE AMENDMENT

City Attorney James Branson presented information on an ordinance amending Section 16-34 of the Midland Code of Ordinances – Fireworks. The following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Adams:

 

ORDINANCE NO. 1752

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY AMENDING SECTION 16-34 OF CHAPTER 16 THEREOF.

The City of Midland Ordains:

Section 1.  Section 16-34 is hereby amended to read as follows:

Sec. 16-34. Fireworks.

 (a) Definitions.

Consumer fireworks means fireworks devices that are designed to produce visible or audible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

Firework or fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designated for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.  Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

Novelties means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:

(1)         Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cup.

(2)         Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (1) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion. 

(3)         Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

 (b)  Prohibition on use of consumer fireworks.

No person shall ignite, discharge or use consumer fireworks within the city, except this prohibition shall not preclude any person from the ignition, discharge, and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of Public Act 256 of 2011 and all other applicable local, state, or federal regulations.  A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission.  The ignition, discharge or use of consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m. on the day preceding, the day of, or the day after a national holiday is strictly prohibited. 

 (c)

It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, keep with the intent to sell at retail, or sell at retail to any person who has not yet attained the age of eighteen (18) years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of unmanned balloon which requires fire underneath to propel the same; firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs or other fireworks of like construction; or any fireworks containing any explosive or inflammable compound or any tablets or other devices commonly used and sold as fireworks, containing nitrates, chlorates, oxolates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound containing any of the same or other modern explosives.

 (d)

Not included within the foregoing prohibition are model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models. Also not included are sparklers containing not more than one hundred twenty-five ten thousandths (.0125) pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth (1/8) inch in diameter, toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than twenty-five hundredths (.25) of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times.

 (e)  Enforcement.

The Fire Chief, his designees and/or sworn law enforcement officers are authorized to enforce the provisions of this ordinance.

(f)  Severability.

The various parts, sections and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the ordinance shall not be affected.

(g)  Repeal.

All regulatory fireworks provisions contained in other city ordinances which are inconsistent with the provisions of this ordinance are repealed.

Section 2.  This ordinance shall take effect on publication.  (Ordinance ADOPTED.)

 

SEWER CONNECTION CHARGES – ORDINANCE AMENDMENT

Utilities Director Noel Bush presented information on an ordinance amending Section 28-182 of Division 4 of Article III of Chapter 28 of the Code of Ordinances – Sewer Capital Charges.  Jody Sasse, Executive Officer for the Midland Area Home Builders Association, spoke in support of the implementation process.  The following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1753

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 schedules.

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

For residential new construction:

Amounts / Effective Dates

 

Metered Service

10/1/2013

1/1/2015

1/1/2016

1/1/2017

    5/8" – 3/4"

$812.50

$1,625.00

$2,437.50

$3,250.00

1"

$1,056.25

$2,112.50

$3,168.75

$4,225.00

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

 

SITE PLAN NO. 321 – COMMERCIAL FACILITY ON EASTMAN AVENUE

Director of Planning and Community Development Brad Kaye presented information on Site Plan No. 321 – for site plan review and approval for a new commercial facility for three future tenants, located at 7001, 7007 and 7013 Eastman Avenue.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 321, the request of Kimley-Horn and Associates, Inc. on behalf of John Flieg for site plan review and approval for a new commercial facility for three future tenants, located at 7001, 7007 and 7013 Eastman Avenue; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 321 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. 321, contingent upon the following:

1.    Final stormwater design detail shall be approved by the City Engineering Department.

2.    Final soil erosion and sedimentation control plans shall be approved by the City Building Department.

3.    Water service to the satisfaction of the City Engineering and Utility Departments shall be provided and any necessary utility easements conveyed to the City of Midland.

4.    Lighting/photometric details compliant with Section 3.12 of the Zoning Ordinance shall be approved by the City Planning and Building Departments.

5.    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.)

 

SITE PLAN NO. 322 – BRITTANY MANOR EXPANSION

Director of Planning and Community Development Brad Kaye presented information on Site Plan No. 322 – for site plan review and approval of a 22,467 square foot expansion of Brittany Manor, located at 3615 East Ashman Street.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 322, the request of NSA Architects, Engineers, Planners for site plan review and approval for a 22,467 square foot expansion at Brittany Manor, located at 3615 East Ashman Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 322 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. 322, 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.   Tree removal shall be limited to that shown on Plan L101.

4.   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.

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.   Lighting/photometric details compliant with Section 3.12 of the zoning ordinance shall be approved by the City Planning and Building Departments.

8.   The driveway canopy must provide for a minimum clearance of 14 feet to enable Dial-A-Ride bus service.

9.   Any gate proposed across the private road identified as Michele Lane must be approved by the City Fire Department. 

(Motion ADOPTED.)

 

SITE PLAN NO. 323 – INDUSTRIAL BUILDING EXPANSION (JAMES SAVAGE ROAD)

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 323, the request of Gerace Construction Company, Inc. on behalf of The Savant Group for site plan review and approval for a 11,240 square foot expansion of an existing industrial building, located at 4800 James Savage Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 323 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. 323, contingent upon the following:

1.   A final storm water management plan shall be submitted to the City Engineering Department and a storm water management permit shall be obtained prior to construction.

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

(Motion ADOPTED.)

 

2012-13 LIBRARY BOARD ANNUAL REPORT

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

 

WHEREAS, the Grace A. Dow Memorial Library Board has submitted an annual report for fiscal year 2012-2013 in accord with Article I of Chapter 14 of the Midland Code of Ordinances; and

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

RESOLVED, that the 2012-2013 Annual Report of the Grace A. Dow Memorial Library Board be received.  (Motion ADOPTED.)

 

MIDLAND COUNTRY CLUB LIQUOR LICENSE

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

 

RESOLVED, that the application from    Midland Country Club       for the following license(s):    Resort Class C            to be located at    1120 W. St. Andrews, Midland, MI  48640           and the following permit, if applied for: 

□ Banquet Facility Permit     Address of Banquet Facility                                                                 

It is the consensus of this body that it     Recommends         this application be considered for approval by the Michigan Liquor Control Commission.

If disapproved, the reasons for disapproval are                                                                             .  (Motion ADOPTED.)       

 

MDOT CONTRACT NO. 13-5499

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

 

WHEREAS, a proposed Contract No. 13-5499 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of Ashman Street from Cambridge Street to Swede Avenue and Washington Street from Patrick Road to Ashman Street; and

WHEREAS, the total estimated cost of the project is $1,336,200 and $1,093,600 will be paid from Federal Surface Transportation Program funds and the remaining cost of $242,600 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said roadways reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 13-5499 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

CURRIE STADIUM CONCRETE RESTORATION PROJECT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete restoration at Currie Stadium, Bid No. 3544; and

WHEREAS, funding for this project is included in the FY 2013-14 Parks Capital Outlay budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Gerace Construction of Midland, Michigan in the amount of $220,000, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders up to $20,000 for the project.  (Motion ADOPTED.)

 

DIAL-A-RIDE BUS PURCHASE

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

 

WHEREAS, the City of Midland requested replacement of three buses in the Dial-A-Ride fleet under the FY2010 Section 5311Capital ARRA Phase II and the FY2012 Section 5309 State of Good Repair federal programs through the State of Michigan; and

WHEREAS, the State of Michigan Department of Transportation has approved said request and has acquired the necessary funding for the purchase of these replacement buses; and

WHEREAS, sufficient funding for the purchase of the buses is included in the FY 2013-14 Dial-A-Ride budget for Capital Outlay, Vehicles along with the corresponding revenue from the Section 5311 and Section 5309 capital grants; now therefore

RESOLVED, that the purchase of the buses through the State of Michigan Extended Purchasing Program is hereby authorized; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Hoekstra Transportation, Inc. of Grand Rapids, Michigan in the amount of $197,178 for the purchase of three 8+2 passenger cutaway buses, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications; and

RESOLVED FURTHER, that after the new replacement buses are put into service, the old buses shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for Dial-A-Ride operational expenses.  (Motion ADOPTED.)

 

MACK REFUSE TRUCK FRAME REINFORCEMENT

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

 

WHEREAS, the City purchased two Mack refuse trucks in August 2010 and have recently had issues with the trucks being unstable while dumping their loads at the Landfill; and

WHEREAS, the truck chassis manufacturer has recommended reinforcing the truck’s frame as a solution to the instability issues; and

WHEREAS, Garage staff has administrative authority to issue a purchase order for the frame rail reinforcement kits and solicited quotes for the installation of said kits; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sawyer Sales and Service, Inc. of Saginaw, Michigan in the net amount of $33,400 for installation of the frame rail reinforcement kit on each of the two Mack refuse trucks; and

RESOLVED FURTHER, that the City Manager be authorized to approve change orders not to exceed $10,000 to cover any additional repairs that may need to be made to the existing truck frames prior to installation of the reinforcement rail.  (Motion ADOPTED.)

 

M & M STUMP REMOVAL – PO INCREASE

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

 

WHEREAS, the City has undertaken an Emerald Ash Borer Treatment Program in order to save as many of its ash trees as possible and remove those that cannot be feasibly saved; and

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the removal of stumps; and

WHEREAS, we are satisfied with M & M Stump Removal’s performance in regards to the stumps already removed; and

WHEREAS, sufficient funding for such expense is available in the Emerald Ash Borer Project; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order # 2014-00000255 to M & M Stump Removal of Midland, Michigan up to the amount of $60,000 for stump removal.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,401 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $43,392.44 executed by the Purchasing Agent on September 10, 2013, is hereby approved.  (Motion ADOPTED.)

 

TRASH RECEPTACLES - DDA

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Bid 3559, the purchase of replacement trash receptacles for the downtown district; and

WHEREAS, funding for this purchase is included in the 2013-14 Downtown Development Authority fund budget, 297.6090.81.099; now therefore

RESOLVED, that the purchasing agent is authorized to issue a purchase order to Miracle Midwest of Okemos, Michigan in the amount of $26,012.75 for the purchase of replacement trash receptacles for the downtown district, removal of old receptacles and installation of the new receptacles, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

INVENTORY PURCHASE OF WATER FITTINGS

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

 

WHEREAS, sealed bids for Bid No. 3552, Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the complete low bid received from ETNA Supply Co. of Grand Rapids to be acceptable, and recommends award for inventory purchases of water fittings; and

WHEREAS, funding is provided in the Water Fund Inventory Account #591.13.031; now therefore

RESOLVED, that a purchase order is hereby authorized to ETNA Supply Company in an amount not to exceed $26,257.70; and

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

 

4X4 SERVICE TRUCK FOR LANDFILL

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

 

WHEREAS, the Oakland County Cooperative Purchasing Program (OCCPP) solicits vehicle and truck equipment bids on an annual basis, and the City of Midland is authorized to make purchases through this purchasing program; and

WHEREAS, the recent construction of a landfill gas collection and control system, a three-mile landfill gas pipeline, and a gas-to-energy production facility necessitated the addition of a gas field maintenance and heavy motor equipment mechanic; and

WHEREAS, the purchase of a 4x4 service truck will be used by the mechanic as a portable workshop for tools and materials, and for access to the numerous gas collection and control points at the Landfill site as well as at the gas-to-energy facility situated between the Wastewater and Water Treatment Plants; and

WHEREAS, a low bid price has been received from the OCCPP for the 4x4 service truck and box attachment with crane in the amount of $43,251.00, and will be provided by Signature Ford of Owosso, Michigan; and

WHEREAS, funding is available for this purpose in the 2013/14 Landfill Fund account #517.9120.97.025 - Capital Equipment; now therefore

RESOLVED, that a purchase order to Signature Ford is hereby authorized in the amount of $43,251.00, as received from the Oakland County Cooperative Purchasing Program for the purchase of one 4x4 service truck with attachments.  (Motion ADOPTED.)

 

ENGINEERING SERVICES – CONCRETE RESERVOIR, BASIN & WET WELL REHAB

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

 

WHEREAS, the Midland Water Treatment Plant is undertaking a project to inspect and rehabilitate the concrete water storage structures located at the water plant and remote pumping station over the next several years; and

WHEREAS, on August 13, 2013, using a two-envelope process, sealed proposals were received for Bid No. 3524, Concrete Reservoir, Basin, and Wet Well Rehabilitation Program, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, this fiscal year the selected engineering consulting firm will provide services to review all the pertinent information for each reservoir, basin and wet well, and develop a priority list for inspections, as well as provide an inspection and construction administration services for the rehabilitation of the Valley Drive reservoirs and wet well; and

WHEREAS, the evaluation and scoring of the ten (10) Requests for Qualifications (envelope 1) resulted in five consulting firms being considered for pricing evaluation (envelope 2); and

WHEREAS, the second envelope for each of the five qualified bidders was opened by the City's Purchasing Agent, with Stantec Consulting Michigan Inc. of Ann Arbor, Michigan, providing the second lowest bid price of $77,205.00; and

WHEREAS, the highest overall score, when combining the score based on qualifications, and the score based on price, was given to Stantec; and

WHEREAS, funding has been provided for this purpose in 2014 Water Fund Account #591.9010.97.002 – Capital Outlay Construction; now therefore

RESOLVED, that the bid proposal submitted by Stantec Consulting Michigan Inc. is hereby accepted and a purchase order is authorized in an amount not to exceed $77,205.00 for fiscal year 2014 tasks associated with the prioritization of inspections of all water system concrete structures, and the rehabilitation of the Valley Pump Station reservoirs and wet well; and

RESOLVED FURTHER, that City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $15,000.00.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 48 – SUBWAY RESTAURANT

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

 

WHEREAS, CMS & D Surveying and Engineering submitted a request for a conditional land use permit for a Subway restaurant with a drive-thru, located at 2009 South Saginaw Road; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on October 28, 2013, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on or before October 11, 2013 and to publish said notice on October 12, 2013.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk