October 28, 2013

 

A regular meeting of the City Council was held on Monday, October 28, 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:

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

Councilmen absent:

Thomas Adams

 

MINUTES

Approval of the minutes of the October 14, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 48

Planning and Community Development Director Brad Kaye introduced Conditional Use Permit No. 48 – a request from CMS & D Surveying and Engineering for a conditional land use permit for a Subway Restaurant with drive-thru.  A public hearing opened at 7:13 p.m., recognizing no public comments, the hearing closed at 7:13 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

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, contingent upon the following: 

  1. Final stormwater design detail shall be approved to the satisfaction of the City Engineering Department.
  2. Driveway island option 2 shall be required and final plans therefore shall be provided to the satisfaction of the City Engineering Department.
  3. Fire hydrant option 1, located along Saginaw Road, shall be required and final plans therefore shall be provided to the satisfaction of the City Water Department.
  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. A final soil and sedimentation control plan shall be approved by the City Building Department.
  6. Sidewalk connection from Saginaw Road to the restaurant shall be provided to the satisfaction of the City Planning Department.
  7. A bike rack shall be provided in compliance with the City of Midland Zoning Ordinance.

In accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 48, in accord with documents provided and submitted at the meeting of September 30, 2013.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

John Miller, Sinclair Street, spoke regarding leaf collection and requested a traffic signal be considered along Joe Mann Boulevard between Jefferson and Eastman Avenue.

 

MBS INTERNATIONAL AIRPORT COMMISSION – TOLLIVER APPOINTMENT

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

 

RESOLVED, that Paula Tolliver is hereby appointed to the MBS International Airport Commission for a term expiring June 30, 2015. (Motion ADOPTED.)

 

UNITED WAY – CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from United Way of Midland County of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)

 

DIAL-A-RIDE DESIGNATION – FEDERAL SECTION 5307 FUNDS

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

 

WHEREAS, the Federal Transit Administration requires that the City of Midland Dial-A-Ride be appointed as the designated recipient of federal transit funds as a condition of funding eligibility; and

WHEREAS, City Attorney James O. Branson III has issued a legal opinion confirming there is no legal impediment to the City of Midland’s Dial-A-Ride filing an application for federal funding under the Section 5307 Urbanized Area Formula Program; now therefore

RESOLVED, that the City of Midland City Council hereby appoints the City of Midland Dial-A-Ride as the designated recipient to apply for, receive and dispense funds for the Federal Section 5307 Urbanized Area Formula Program in accordance with the requirements of Moving Ahead for Progress in the 21st Century (MAP-21).  (Motion ADOPTED.)

 

REQUESTED STREET VACATION - CORNING LANE & SAUVE STREET

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

 

WHEREAS, Three Rivers Corporation has requested vacation of portions of Corning Lane and Sauve Street; and

WHEREAS, such vacation must be done in accord with Section 23-39 of the Code of Ordinances; and

WHEREAS, Section 23-39 of the Code of Ordinances requires that all street vacation requests be referred to the Planning Commission, the City Engineer and other City departments as appropriate for their report and recommendations; now therefore

RESOLVED, that in accord with Section 23-39 of the Code of Ordinances, the request to vacate portions of Corning Lane and Sauve Street is hereby referred to the Planning Commission, the City Engineer and other City departments as appropriate, for their report and recommendation.  (Motion ADOPTED.)

 

PURCHASE OF LIGHT DUTY TRUCKS

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

 

WHEREAS, bids for trucks are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of three ˝ ton pickup trucks, one pickup truck with a plow, one van, one utility van, and a crew-cab pickup truck with a plow is available in the FY13/14 Equipment Revolving Fund budget for Capital Outlay and the Fire Department budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders to the State of Michigan’s selected vendors, Red Holman GMC of Westland, Michigan, in the amount of  $141,288.00 for three ˝ ton pickup trucks, one pickup truck with a plow, one van and one utility van, and Snethkamp Dodge of Lansing, Michigan in the amount of $30,777.00 for a crew-cab pickup truck with a plow, all in accordance with the State of Michigan’s Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

MUNICIPAL SERVICE CENTER CUSTODIAL SERVICES

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Municipal Service Center Janitorial Services, Bid No. 3546; and

WHEREAS, the contracted janitorial service will take the place of an in-house custodian position vacated through a retirement; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Road Runr Maintenance, Inc. of Pontiac, Michigan in the amount of $30,900.00, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

EMERGENCY SEWER LINE REPAIR (SYLVAN LANE, CAMPAU DRIVE TO EASTMAN)

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

 

WHEREAS, Wastewater staff proactively inspects sanitary sewer lines to find any defects or infiltration and prioritizes the repair or rehabilitation needs of the sanitary sewer system; and

WHEREAS, Sylvan Lane, Campau Drive to Eastman Avenue, was one of several stretches of pipe budgeted for trenchless rehabilitation in the 2012/13 fiscal year; and

WHEREAS, this past February, Council approved the bid for full length cured in place pipe (CIPP) rehabilitation to Inland Waters Pollution Control, Inc. for Sylvan Lane and other areas of the city; and

WHEREAS, Inland Waters performed their initial inspection in May of the Sylvan Lane sanitary sewer and found three pipe connections that were offset and soil infiltrating the pipe, and determined that the deterioration was too excessive to perform the CIPP rehabilitation; and

WHEREAS, further evaluation and attempts at grouting the damaged pipe were not successful, and due to the amount of soil that eroded and infiltrated the pipe, there were concerns that the road above the pipe would become undermined and develop sink holes, creating the need for an emergency repair; and

WHEREAS, Johnston Contracting, Inc. of Midland, in previous years, had provided the city with emergency repair unit costs, and was hired in mid-July to perform the repair; and

WHEREAS, the excavation, trench shoring, removal and replacement of materials and pipe took approximately two weeks, with the street repairs completed several weeks later to allow for settling and compaction of the roadway prior to asphalting, for a total final cost of $67,877.58; and

WHEREAS, sufficient funds have been made available in Wastewater account 590.8249.81.099 - Misc Contractual Services; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order is authorized in the amount of $67,877.58 to Johnston Contracting, Inc. for the emergency repairs to the sanitary sewer on Sylvan Lane.    (Motion ADOPTED.)

 

PUMP STATION REPLACEMENT - LANDFILL

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

 

WHEREAS, during wet weather events, the high flows from the Landfill station strain the pumping capacity of the East Ashman Street/Waldo Avenue station, which was originally constructed over 20 years ago and has begun to experience operations and maintenance problems; and

WHEREAS, a project is underway that will replace the existing sanitary pump station serving the Landfill and several adjacent customers and to modify the force main to alleviate the strain on the pumping capacity of the East Ashman Street/Waldo Avenue station; and

WHEREAS, sealed bids were opened on September 3, 2013 for Landfill Pump Station Replacement, Bid No. 3558 that is a portion of the Landfill Pump Station Replacement project and includes the excavation and installation of gravity and force main, demolition of existing pump station, construction of wet well structure, utility services and concrete pads for generator and transformer; and

WHEREAS, staff and the City’s consultant on this project, Stantec Consulting of Michigan, evaluated the proposals of each bidder and recommend the low bid that was received from Fisher Contracting Company, Inc. of Midland with a total bid amount of $374,555.00; and 

WHEREAS, funding has been budgeted in the 2013/14 Landfill Enterprise Fund budget account #517.9010.97.002 – Capital Construction Projects; now therefore

RESOLVED, that the City of Midland authorizes the Mayor and City Clerk to execute a contract with Fisher Contracting Company, Inc. in the amount of $374,555.00, for the construction portion of the Landfill Pump Station Replacement, subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

PURCHASE OF WATER METERS AND ACCESSORIES

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

 

WHEREAS, sealed bids for purchase of Sensus Water Meters and Accessories, Bid 3572, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff has reviewed the responses received, rejecting the bid from Badger Meter as incomplete, and accepting the lone complete bid submitted by ETNA Supply of Grand Rapids in an aggregate amount of $195.260.00; and

WHEREAS, funding for meters and accessories is provided in Water Fund Inventory Account #591.13.031; now therefore

RESOLVED, that the bid submitted by ETNA Supply Company for the indicated prices, is accepted and a purchase order is hereby authorized in an amount not to exceed $195,260.00 for inventory purchases of meters and accessories for fiscal year 2013/14.  (Motion ADOPTED.)

 

PURCHASE OF WATER SERVICE FITTINGS

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

 

 

WHEREAS, sealed bids for Bid No. 3573, 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 low bid received from ETNA Supply Co. of Grand Rapids to be acceptable, and recommends award for inventory purchases of water service 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 $27,342.78; 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.)

 

SAVANT INCORPORATED – IFT APPLICATION

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

 

RESOLVED, that an application dated October 16, 2013, was received October 23, 2013 from Savant Incorporated with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Expanded Gerace Industrial Development District No. 1 relating to new real and personal property.  The real property component will renovate the existing 16,000 square foot manufacturing facility and construct an 11,240 square foot addition.  The expansion and renovation will beautify the building’s appearance and the addition with include a manufacturing plant where equipment assembly that is to be sold will take place. The addition will also consist of a state-of-the-art training center for international and domestic clientele.  The real property component of $1,976,500 and personal property component of $1,023,500, totaling $3,000,000, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, December 16, 2013, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:20 p.m.

 

 

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            Selina Tisdale, City Clerk