October 14, 2013

 

A regular meeting of the City Council was held on Monday, October 14, 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 30, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

HEALTH CARE FACILITIES AND ENGINEERING WEEK

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

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating October 20-26, 2013, as Health Care Facilities and Engineering Week in the city of Midland.  (Motion ADOPTED.)

 

SENIOR SERVICES MONTH

Communications Coordinator Libby Richart introduced Alan Brown, Executive Director of Senior Services, Midland County Council on Aging. The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating November 2013 as Senior Services Month in the city of Midland.  (Motion ADOPTED.)  Mayor Donker presented Mr. Brown with the proclamation.

 

2013-14 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET AMENDMENT

Director of Planning and Community Development Brad Kaye presented information on an amendment to the 2013-14 Community Development Block Grant budget.   Mayor Donker disclosed one of the organizations she works for will be receiving a grant as part of this agenda item. A public hearing opened at 7:15 p.m., recognizing no comments, the hearing closed at 7:15 p.m.   The following resolution was the offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, the City of Midland received $226,754 in Community Development Block Grant (CDBG) funds for fiscal year 2013-14; and

WHEREAS, it is confirmed that the City has a fund balance of $283,852.82 that will be carried over from prior fiscal years; and

WHEREAS, on August 26, 2013, the Housing Commission unanimously recommended approval of amendments to the CDBG budget approved by the Midland City Council on May 6, 2013; and

WHEREAS, a public hearing was held by the City Council on October 14, 2013, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan for the purpose of receiving public comment on the 2013-2014 CDBG Budget as amended and as set forth in the attached table (Attachment A); and

WHEREAS, this budget provides funds to local agencies for the purpose of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2013-2014 Community Development Block Grant budget, as amended and as set forth in the attached table, for the proposed use of funds for the Community Development Block Grant Program; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2014 CITY COUNCIL REGULAR MEETING DATES

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2014 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            January 13 and 27                                          February 10 and 24

            March 10 and 24                                             April 14 and 28

            May 12 and 19                                                June 9 and 23

            July 14 and 28                                                            August 4 and 25

            September 8 and 22                                       October 6 and 20

            November 10 and 24                                      December 8 and 15

; and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting or each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion ADOPTED.)

 

DDA – RIECKER RESIGNATION

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

 

RESOLVED, that the resignation of Margaret Ann Riecker as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Riecker for her service on this important Board.  (Motion ADOPTED.)

 

2012-13 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

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

 

WHEREAS, the Cable Access Advisory Commission has submitted an annual report for fiscal year 2012/2013 in accord with Article I of Chapter 15 of the Midland Code of Ordinances; and

WHEREAS, the Cable Access Advisory Commission 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 Cable Access Advisory Commission be accepted.  (Motion ADOPTED.)

 

MDOT PERFORMANCE RESOLUTION – STATE RIGHT-OF-WAY PERMITS

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

 

WHEREAS, the Michigan Department of Transportation, or MDOT, is requesting that the City of Midland renew the annual MDOT Performance Resolution for Governmental Agencies and related annual extensions to allow the City of Midland to operate within the State Rights of Way in 2013 using an annual State permit instead of individual State permits; and

WHEREAS, the Midland City Council has approved similar annual performance resolutions over the last several years; and

WHEREAS, the latest 2009 resolution requires modification by the City to allow more staff to apply for permits; and

WHEREAS, the City Attorney has reviewed the MDOT Performance Resolution for Governmental Agencies; now therefore

RESOLVED, that the attached MDOT Performance Resolution for Governmental Agencies is hereby adopted to facilitate processing State Right of Way Permits; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the MDOT Performance Resolution for Governmental Agencies on behalf of the City of Midland.  (Motion ADOPTED.)

 

2013 DITCH CLEARING

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the cleaning out and grading of the ditch bottom on four segments of roadside ditch on James Savage, Rockwell, Wackerly and Waldo Roads; and

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

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2013 Ditch Clearing, Contract No. 18", in the indicated amount of $94,740.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

EAST END DEVELOPMENT PUBLIC ART LICENSE AGREEMENT

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

 

WHEREAS, representatives of Midland Downtown Partners, LLC (MDP) located at 4520 N. Grand River Avenue, Lansing, MI 48906 desire to place an art sculpture within the city right-of-way adjacent to their East End Development Project; and

WHEREAS, the concept of an art sculpture within the city right-of-way has been included with the original City Council and Planning Commission approvals for the project; and

WHEREAS, the proposed art sculpture’s modern look fits the overall appearance and design themes of the East End project; and

WHEREAS, a license agreement has been developed that protects the City’s interests and sets criteria for maintenance and liability insurance; and

WHEREAS, City Staff has reviewed the art sculpture location and supports its installation; now therefore 

RESOLVED, that the proposed right-of-way encroachment at the corner of State Street and Main Street adjacent to the East End Project is approved per the license agreement with MDP; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby directed to execute the license agreement with MDP on behalf of the City of Midland once the City Attorney has performed review and final approval of all documents; and

RESOLVED FURTHER,  that this recognition of encroachment does not authorize the property owner to expand or enlarge the encroachment in the future beyond the dimensions provided in the related documents, and that the property owner has no claims to City street right-of-way property.  (Motion ADOPTED.)

 

2013 LOCAL STREET RECONSTRUCTION – CHANGE ORDER NO. 2

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

 

WHEREAS, existing ground conditions and deterioration of drainage structures was discovered during completion of the 2013 Local Street Reconstruction, Contract No. 9 which warrants the need for subbase drainage installation and catch basin replacement on Lingle Lane and E. Collins Street; and

WHEREAS, funding is available in the Local Street Fund for this additional work; now therefore

RESOLVED, that Change Order No. 2 to the 2013 Local Street Reconstruction, Contract No. 9 in the indicated amount of $33,232.00 is hereby accepted and the City Manager is authorized to sign the change order.  (Motion ADOPTED.)

 

EARTHMOVERS OF MIDLAND (CONTRACTUAL REPAIRS) – PO INCREASE

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

 

WHEREAS, on January 21, 2013, sealed proposals were received and opened for Contractual Services, Bid No. 3489, for restoration repair unit prices to cover a 12-month period ending December 31; and   

WHEREAS, Earthmovers of Midland, LLC was selected to provide restoration repairs to streets, sidewalks, and out lawns for calendar year 2013; and

WHEREAS, a purchase order to Earthmovers was administratively approved earlier this fiscal year in the amount of $20,000.00, with an increase approved by Council in July of $90,000.00, bringing the total to $110,000.00; and

WHEREAS, water main breaks and repairs are on pace to increase in numbers compared to recent years; and

WHEREAS, staff requests an increase of $50,000.00 to the existing purchase order with Earthmovers for restoration repairs due to main breaks to cover repairs incurred during the balance of this calendar year, bringing the total amount of the purchase order to $160,000.00; and

WHEREAS, funding has been budgeted for this purpose in the 2013/14 Water Fund account #591.8285.93.036 – Repairs & Maintenance; now therefore

RESOLVED, an increase of $50,000.00 to an existing purchase order of $110,000.00 to Earthmovers of Midland, LLC is hereby authorized, bringing the total purchase order to $160,000.00 for out lawn repair work, based on previously bid unit prices.  (Motion ADOPTED.)

 

LANDFILL FENCING

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

 

WHEREAS, the City of Midland Landfill is regulated by the Michigan Department of Environmental Quality under Public Act 451, requiring landfills to take measures to control nuisances such as blowing litter; and

WHEREAS, the landfill site has perimeter fencing as a final barrier to blowing litter, while staff utilizes portable fencing units near the active waste disposal area as a primary barrier; and

WHEREAS, due to waste filling activities being above ground level, blowing litter has become increasingly difficult to control; and

WHEREAS, on October 1, 2013 sealed bids were received and opened for Bid No. 3561, Landfill Fencing, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland, to provide for the installation of 1,800 linear feet of fence near the active disposal site; and

WHEREAS, the low bid unit cost of $12.10 per linear foot and $300.00 per gate submitted by Midland Fence Company meets project specifications; and

WHEREAS, funds have been budgeted for this purpose in Project LF0603 - Landfill Perimeter Fence; now therefore

RESOLVED, that the low bid proposal submitted by Midland Fence Company in the amount of $22,680.00 ($12.10 x 1,800 LFT + $300.00 x 3 EA) is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,402 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $36,185.40 executed by the Purchasing Agent on September 25, 2013, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,005 gallons of regular #2 diesel fuel from Corrigan Oil of Saginaw, Michigan for $36,353.54 executed by the Purchasing Agent on October 3, 2013, is hereby approved.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk