February 10, 2014

 

A regular meeting of the City Council was held on Monday, February 10, 2014, 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 January 27, 2014 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

GOVERNOR’S REGIONAL PROSPERITY INITIATIVE

City Manager Jon Lynch introduced Sue Fortune, Executive Director of the East Michigan Council of Governments, who spoke regarding the request for a letter of support for the Governors Regional Prosperity Initiative.  The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to sign a letter of support for the East Michigan Council of Governments – Governor’s Regional Prosperity Initiative.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 325

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 325, the request of Jerome A. Schafer on behalf of Rapanos Family LC for site plan review and approval for a 20,900 square foot self storage unit, located at 1547 Washington Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 325 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. 325, contingent upon the following:

  1. Detailed engineering drawings to the satisfaction of the City Water and Fire Departments shall be provided to ensure that water lines and fire hydrants are installed in compliance with city standards.
  2. A final soil and sedimentation control plan shall be submitted to the City Building Department.
  3. A final stormwater plan shall be submitted to the City Engineering Department and a stormwater management permit shall be obtained prior to construction. 
  4. Lighting fixture detail meeting the requirements of the City Zoning Ordinance must be submitted to the City Building Department.
  5. Routine maintenance of the 10’ wide greenbelt shall be provided. 

(Motion ADOPTED.)

 

SITE PLAN NO. 327

Community Development Planner Grant Murschel presented information on Site Plan No. 327 – Midland Place Apartments, consisting of three apartment buildings located at 2414 Swede Avenue.  Nathan Waggner of Cash Waggner Associates spoke regarding the project. The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 327, the request of Cash Waggner & Associates on behalf of Midland Place Apartments, LLC for site plan review and approval of a development consisting of three apartment buildings.  Each building will be four stories in height and contain 45 apartment units.  The property is located at 2414 Swede Avenue; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 327 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. 327, contingent upon the following:

1.        A final storm water management plan shall be submitted for the review and approval of 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 for the review and approval of the City Building Department.

3.        Documentation supporting the permission to construct structures within the Consumers Energy right-of-way shall be provided to the satisfaction of the City Planning Department.  Absent such documentation, the dumpster and shed locations as shown on drawing C-101A may be utilized.

4.        All required utility easements shall be submitted to the City Water Department.

(Motion ADOPTED.)

 

COUNTY OF MIDLAND/CITY OF MIDLAND EMERGENCY OPERATIONS PLAN

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

 

WHEREAS, Section 35-3 of the Code of Ordinances of the City of Midland designates the Midland County Emergency Operations Plan as the City’s emergency operations plan; and

WHEREAS, Section 35-8 of the Code of Ordinances requires the City Manager to review the effectiveness of the Midland County Emergency Operations Plan at least once every four years; and

WHEREAS, the Emergency Management Act (Public Act 390 of 1976, as amended) requires each county and every city over 25,000 in population to re-certify the emergency operations plan at least every four years; and

WHEREAS, the Midland County Emergency Services Director has requested that the City of Midland re-certify the County of Midland / City of Midland Emergency Operations Plan; now therefore

RESOLVED, that the City Council hereby approves the County of Midland / City of Midland Emergency Operations Plan as submitted and authorizes and directs the City Manager to certify said plan by his signature.

(Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER NO. P-13-04

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

 

RESOLVED, that Traffic Control Order No. P-13-04 filed December 2, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited in the non-recessed parking areas on E. Main Street and State Street, from the Poseyville Road Bridge to Ellsworth Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-13-05

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

 

RESOLVED, that Traffic Control Order No. P-13-05 filed December 2, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That three hour parking shall be permitted in the recessed areas on both sides of Main Street, 340' southeasterly from Cronkright Street to State Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-13-06

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

 

RESOLVED, that Traffic Control Order No. P-13-06 filed December 2, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That three hour parking shall be permitted in the recessed areas on both sides of State Street, from Main Street to Ellsworth Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-13-07

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

 

RESOLVED, that Traffic Control Order No. P-13-07 filed December 2, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping, standing and parking shall be prohibited on both sides of State Street from Indian Street to Ellsworth Street, and that all previous TCOs along this street segment are rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-13-08

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

 

RESOLVED, that Traffic Control Order No. P-13-08 filed December 2, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That three hour parallel parking shall be permitted on the southerly side of Ellsworth Street, from George Street to 330' easterly.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-13-09

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

 

RESOLVED, that Traffic Control Order No. P-13-09 filed December 2, 2013 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping, standing and parking shall be prohibited on the southeasterly side of Ellsworth Street, 330' southeasterly from George Street to State Street.

is hereby made permanent.  (Motion ADOPTED.)

 

LITTLE FORKS CONSERVANCY CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from The Little Forks Conservancy 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.)

 

EAST END ENTERPRISES, LLC

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

 

WHEREAS, East End Enterprises, LLC is submitting application to the Michigan Liquor Control Commission for an on-premise Class C liquor license issued under PA 501 of 2006; and

WHEREAS, it is necessary that East End Enterprises, LLC be located within a development district as defined in PA 501 of 2006; and

WHEREAS, the Michigan Liquor Control Commission has determined that in addition to being located in a development district as defined by PA 501 of 2006, it is also necessary to certify that the property is located within the Downtown Development Authority (DDA) or Tax Increment Financing (TIF) district; now therefore

RESOLVED that the request submitted by East End Enterprises, LLC to be located at 715 E. Main Street, Suite 106, Midland, Michigan for an on-premise Class C liquor license issued pursuant to Section 521 a (1) (b) of PA 501 of 2006 be considered for approval above all others; and

RESOLVED FURTHER, that the City Council hereby certifies that the Downtown Development Authority of the City of Midland, Michigan is a development project area and that East End Enterprises, LLC to be located at 715 E. Main Street, Suite 106, Midland, Michigan is within the Downtown Development Authority and Tax Increment Financing district.  (Motion ADOPTED.)

 

EAST END ENTERPRISES, LLC LIQUOR LICENSE

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

 

RESOLVED, that the application from  East End Enterprises, LLC for the following license(s): on-premises Class C liquor license to be located at 715 E. Main Street, Suite 106, Midland, Michigan, Midland County 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.  (Motion ADOPTED.)

 

MIDLAND PUBLIC SCHOOLS FUEL SALES AGREEMENT

Director of Public Services Karen Murphy presented information on an agreement for the sale of fuel to Midland Public Schools.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, Midland Public Schools desires to purchase fuel from the City; and

WHEREAS, such a purchase is allowed in accord under Section 2-23 of the Code of Ordinances; and

WHEREAS, the City Attorney has drafted a purchase agreement to be used in this regard; now therefore

RESOLVED, that the City Manager is hereby authorized to enter into a purchase agreement to allow Midland Public Schools to purchase fuel at City cost plus 8%.  (Motion ADOPTED.)

 

SMITTY’S SPRING FLING 5K RUN/WALK EVENT

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

 

RESOLVED, that the request from Matt Smith, Smitty’s Iron Works, Inc., seeking permission to hold the Smitty’s Spring Fling 5k Run/Walk fundraising event to support a Team USA athlete on Saturday, April 5, 2014, utilizing the Rail Trail and charging an entry fee, is hereby approved subject to the following conditions:

·         We understand the responsible party and contact number for the event date is Matt Smith, 989-948-3738.

·         Participants must remain on the Rail Trail and obey all traffic laws and traffic control devices as well as the Rail Trail Etiquette/Rules attached.

; 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.)

 

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 13,395 gallons of E10 ethanol blend unleaded fuel from Foster Oil of Richmond, Michigan for $35,459.24 executed by the Purchasing Agent on January 23, 2014, 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 13,397 gallons of Winter Blend diesel fuel from Paxson Oil Co. of Saginaw, Michigan for $44,330.67 executed by the Purchasing Agent on January 28, 2014, is hereby approved.  (Motion ADOPTED.)

 

ANNUAL CONCRETE PURCHASE

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

 

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

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Elmers Crane and Dozer, Inc. of Traverse City, Michigan for furnishing concrete and related materials at the unit prices contained in their January 21, 2014 response to our Bid No. 3589 in accord with the proposal and the City specifications.  (Motion ADOPTED.)

 

ANNUAL BITUMINOUS MIXTURE PURCHASE

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

 

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

WHEREAS, funds have been provided in the Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue purchase orders to Pyramid Paving & Contracting Co. of Bay City, Michigan and Ace-Saginaw Paving Co. of Saginaw, MI for furnishing and loading onto City trucks approximately 800 tons of Bituminous Mixture #2 for hot mix patching at a cost of $50.00 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

ANNUAL CRUSHED LIMESTONE PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing 22A Crushed Limestone; and

WHEREAS, funds have been provided in the General Fund and Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Bunting Sand & Gravel Products, Inc. of West Branch, Michigan for delivering approximately 2,500 tons of 22A Crushed Limestone at a cost of $13.00 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

ANNUAL SAND PURCHASE

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

 

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

WHEREAS, funds have been provided in the General Fund and Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Pats Gradall Service, Inc. of Midland, Michigan for delivering approximately 3,500 cubic yards of Class II Sand at a cost of $5.75 per cubic yard in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

2014 SURFACE TREATMENT PROGRAM CONTRACT EXTENSION

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

 

WHEREAS, City Council awarded a construction contract for the 2013 Surface Treatment Program; Contract No. 4 to Highway Maintenance, Inc. on April 29, 2013 for surface treatment applications on various major streets and local streets; and 

WHEREAS, Highway Maintenance, Inc. has agreed to complete work for the 2014 Surface Treatment Program for the unit prices that were bid in 2013 in the amount of $600,000.00; and

WHEREAS, funding for this work is provided by the Major Street Fund and the Local Street Fund; now therefore

RESOLVED, that the City Manager is authorized to approve a change order to the 2013 Surface Treatment Program; Contract No. 4 and issue a purchase order to Highway Maintenance, Inc. of Romulus, Michigan for the 2014 Surface Treatment Program in the amount of $600,000.00.  (Motion ADOPTED.)

 

PO INCREASE – LANDFILL SEWER PUMP STATION CONSTRUCTION

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

 

WHEREAS, the project to replace the existing Landfill sewer pump station is nearing the Construction Phase, and will be performed partially by a contractor and partially by City personnel; and

WHEREAS, in March 2013, the City administratively approved a purchase order in the amount of $20,000.00 to Stantec Consulting Michigan Inc. of Ann Arbor to provide pump station Design Phase engineering, which consisted of the design of a replacement to the existing Landfill sewer pump station with a new triplex submersible pump station; and

WHEREAS, the Construction Phase of the Landfill sewer pump station replacement project is set to begin, and City staff is preparing for assistance to provide Construction Phase engineering oversight; and

WHEREAS, Stantec proposes to perform engineering services for the City of Midland for the construction administration and construction observation during the Construction Phase of the pump station improvements at a proposed cost of $28,000.00; and

WHEREAS, staff believes that Stantec is in the best position to provide Construction Phase engineering services for this project and is satisfied with the proposed cost for the services; and

WHEREAS, funding is provided for this purpose in Landfill Capital Project LF1303 – Landfill Sewer Pump Station; now therefore

RESOLVED, that an increase of $28,000.00 to the existing purchase order of $20,000.00 to Stantec Consulting Michigan Inc., is hereby authorized, bringing the total purchase order to $48,000.00 for Construction Phase engineering services for the Landfill sewer pump station replacement.  (Motion ADOPTED.)

 

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

 

 

______________________________________

            Selina Tisdale, City Clerk