REGULAR MEETING OF THE MIDLAND CITY COUNCIL

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640  989.837.3300 * 989.837.2717 Fax  www.cityofmidlandmi.gov

REGULAR MEETING OF THE MIDLAND CITY COUNCIL City Hall, 333 W. Ellsworth Street December 7, 2015

7:00 p.m. AGENDA

CALL TO ORDER - Maureen Donker, Mayor PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL -

Thomas W. Adams Steve Arnosky Diane Brown Wilhelm Maureen Donker Marty A. Wazbinski

CONSIDERATION OF ADOPTING CONSENT AGENDA ITEMS: All resolutions marked with an asterisk are considered to be routine and will be enacted by one motion. There will be no separate consideration of these items unless a Council member or citizen so requests during the discussion stage of the “Motion to adopt the Consent Agenda as indicated”. If there is even a single request the item will be removed from the consent agenda without further motion and considered in its listed sequence in regular fashion. APPROVAL OF MINUTES: 1.

* Approve minutes of the November 23 regular City Council meeting. TISDALE

PROCLAMATIONS, AWARDS, RECOGNITIONS, PRESENTATIONS: 2.

Billy Casper Golf presentation on the 2015 golf season at Currie Municipal Golf Course. KEENAN

PUBLIC HEARINGS: 3.

Conditional Use Permit No. 55 - to consider a request for review and approval of a Conditional Land Use for two two-family residential dwellings in an Office Service zoning district located at 411 West Indian Street (also see material sent in the November 9 agenda packet). KAYE

4.

Zoning Petition No. 602 - to amend the City of Midland zoning map by rezoning properties located at 5805 and 5911 Stark Road and 6902 and 6909 North Saginaw Road from Office Service and RA-1 Single-Family residential zoning to Regional Commercial zoning (also see material sent in the November 9 agenda packet). KAYE

PUBLIC COMMENTS, IF ANY, BEFORE CITY COUNCIL. (Please sign up with City Clerk before meeting). This is an opportunity for people to address the City Council on issues that are relevant to Council business but are not on the agenda. ORDINANCE AMENDMENTS: RESOLUTIONS: 5.

Rejecting the 2015 Determinations of the Local Officers' Compensation Commission (4/5 vote required). TISDALE

6.

Receiving and filing the 2015 Annual Construction Progress Update. MCMANUS

7.

Receiving a petition for the installation of Sanitary Sewer along Eastman Avenue from south of Monroe Road to Commerce Drive. MCMANUS

8.

* Making Traffic Control Order R-15-05 Permanent - that the speed limit on Waldo Avenue, from 140 feet north of the intersection of Wheeler Road on the north side of US-10, to 600 feet north of Diamond Drive shall be 45 mph. MCMANUS

Considering purchases and contracts: 9.

* Gas to Energy Generator Cylinder Heads. BUSH

10.

* Change Order for Mark Putnam Bridge Inspections. MCMANUS

Setting a public hearing: NEW BUSINESS:

TO CONTACT THE CITY WITH QUESTIONS OR FOR ADDITIONAL INFORMATION: Citizen Comment Line: City of Midland website address: City of Midland email address: Government Information Center:

837-3400 www.cityofmidlandmi.gov [email protected] located near the reference desk at the Grace A. Dow Memorial Library

Attached documents for item Maureen Donker, Mayor

Attached documents for item * Approve minutes of the November 23 regular City Council meeting. TISDALE

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Attached documents for item Billy Casper Golf presentation on the 2015 golf season at Currie Municipal Golf Course. KEENAN

Billy Casper Gol... - 1 of 2

SUMMARY REPORT TO MANAGER For City Council Meeting of December 7, 2015 SUBJECT: Billy Casper Golf review of the Currie Golf Course 2015 Season INITIATED BY: David A. Keenan, Assistant City Manager RESOLUTION SUMMARY: No Resolution ITEMS ATTACHED: Letter of transmittal CITY COUNCIL ACTION: No action by Council required

_________________________________________

David A. Keenan Assistant City Manager

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640  989.837.3300 * 989.837.2717 Fax  www.midland-mi.org

TO: Jon Lynch, City Manager FM: David A. Keenan, Assistant City Manager DT: December 2, 2015 RE: Currie Golf Course 2015 Season in review

Representatives from Billy Casper Golf will make a presentation to City Council providing an overview of the 2015 golf season at Currie Municipal Golf Course. Here are some of the highlights:       

Rounds of golf played were higher than 2014 in every month but one. Weather mostly cooperated this year, providing for an earlier spring and a later fall. As expected, course revenue increased significantly over 2014, but fell slightly short of budget for 2015. The driving range opened a bit later than optimal due to a late construction start in the prior fall. Range revenue is tracking on budget. Expense control continues to be a challenge given the tight budget. Actual expenses were higher than budget for the season and will continue to be a main focus for the upcoming year. The operating loss was much less than 2014, but the reduction still fell short of the 2015 budget. Information on programs, promotions, and comparisons to national statistics will also be provided.

The company representatives making the presentation will be Nicholas Bednar, Regional Director of Operations, and Paul Milholland, Director of Golf Operations for Currie Municipal Golf Course.

Attached documents for item Conditional Use Permit No. 55 - to consider a request for review and approval of a Conditional Land Use for two two-family residential dwellings in an Office Service zoning district located at 411 West Indian Street (also see material sent in the November

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SUMMARY REPORT TO CITY MANAGER for City Council Meeting of 12-7-15 SUBJECT: Conditional Use Permit No. 55 – Kyle Arnold. PETITIONER: Kyle Arnold. PLANNING COMMISSION PUBLIC HEARING: October 27, 2015. SUMMARY: APPROVE A REQUEST OF KYLE ARNOLD FOR REVIEW AND APPROVAL OF A CONDITIONAL LAND USE FOR TWO TWO-FAMILY RESIDENTIAL DWELLINGS IN AN OFFICE SERVICE ZONING DISTRICT LOCATED AT 411 WEST INDIAN STREET. ITEMS ATTACHED AND PREVIOUSLY TRANSMITTED: 1. Letter to City Manager. 2. Resolution for Council action. 3. Staff Report to the Planning Commission dated October 20, 2015. (See packet from November 9, 2015.) 4. Planning Commission minutes of October 27, 2015. (public hearing) (See packet from November 9, 2015.) 5. Communication(s). (See packet from November 9, 2015.) 6. Communication(s). (Received since the time of the November 9, 2015 packet) 7. Map showing location of property. 8. Site Plan. (See packet from November 9, 2015.) CITY COUNCIL ACTION: 1. Public hearing is required. Date: December 7, 2015. 2. 3/5 vote required to approve resolution.

C. Bradley Kaye, AICP, CFM Assistant City Manager for Development Services CBK/djm 12-2-15

Summary CUP 55 PH13410

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax  wwwcityofmidlandmi.gov

December 2, 2015

Jon Lynch, City Manager City Hall - 333 West Ellsworth Street Midland, Michigan Dear Mr. Lynch: At its meeting on Tuesday, October 27, 2015 the Planning Commission considered Conditional Use Permit No. 55, the request of Kyle Arnold for review and approval of a conditional use permit for two twofamily residential dwellings in an Office Service zoning district on property located at 411 West Indian Street. If approved, the property is intended to then be divided into separate parcels, each containing one of the two-family residential dwellings. Conditional Use Permit petitions are subject to both non-discretionary (site plan) and discretionary standards. Discretionary standards are found in Section 28.03B of the City’s zoning ordinance and are to be determined by the City Council during deliberation on the petition. They include: protection of public health, safety and general welfare, compatibility with surrounding land uses, detrimental effects, impact of traffic, adequacy of public services, protection of site characteristics, compatibility with natural environment, compatibility with the Master Plan and intent of Zoning Ordinance and public comments. Letters of both support and opposition were received on this petition and form part of the public record on this application. After deliberation on the petition, the Planning Commission took the following action: It was moved and seconded that the Planning Commission recommend to City Council approval of Conditional Use Permit No. 55 subject to the following contingencies: 1. One (1) two-family dwelling shall be permitted on each property. 2. City utility connections of water and sanitary sewer (wastewater) must be installed according to standards of the City Utility and Engineering Departments. 3. Driveway and stormwater connection approval shall be obtained from the Michigan Department of Transportation (MDOT). 4. Approval is granted to the proposed two-family dwellings only. Any additional or different uses of the property shall be reviewed and approved in accordance with the standards of the City of Midland Zoning Ordinance, including the requirements for site plan approval under Article 27, if applicable. Vote on the motion: YEAS: NAYS: ABSENT:

Bain, Hanna, Heying, Mayville, McLaughlin, Pnacek, Senesac, and Stewart None Tanzini

Motion was approved 8 to 0.

Conditional Use ... - 3 of 24 On November 9, 2015 the City Council set a public hearing for the December 7, 2015 regular meeting at 7:00 p.m. A further letter of support was received in response to the notice of this public hearing from Mr. Tom McCann. Mr. McCann had previously submitted a letter expressing his support for the application to the Planning Commission. This second letter of support is also included in the agenda packet. Respectfully,

C. Bradley Kaye, AICP, CFM Assistant City Manager for Development Services CBK/djm LETTER OF TRANSMITTAL – Conditional Use Permit #55 PH

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax  www.cityofmidlandmi.gov

BY COUNCILMAN WHEREAS, Kyle Arnold submitted a request for a conditional land use permit for two two-family residential dwellings in an Office Service zoning district, located at 411 West Indian Street; 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. One (1) two-family dwelling shall be permitted on each property. 2. City utility connections of water and sanitary sewer (wastewater) must be installed according to standards of the City Utility and Engineering Departments. 3. Driveway and stormwater connection approval shall be obtained from the Michigan Department of Transportation (MDOT). 4. Approval is granted to the proposed two-family dwellings only. Any additional or different uses of the property shall be reviewed and approved in accordance with the standards of the City of Midland Zoning Ordinance, including the requirements for site plan approval under Article 27, if applicable. 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. 55, in accord with documents provided and submitted at the meeting of November 9, 2015. YEAS: NAYS: ABSENT: I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015.

_____________________________________ Selina Tisdale, City Clerk

CUP #55 PH

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CUP #55 - 411 W. Indian Street

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Attached documents for item Zoning Petition No. 602 - to amend the City of Midland zoning map by rezoning properties located at 5805 and 5911 Stark Road and 6902 and 6909 North Saginaw Road from Office Service and RA-1 Single-Family residential zoning to Regional Commercial zoning (

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SUMMARY REPORT TO CITY MANAGER for City Council Meeting of 12-7-15

SUBJECT:

Zoning Petition No. 602

PETITIONER:

Jason Bakus

PLANNING COMMISSION PUBLIC HEARING: October 27, 2015 PLANNING COMMISSION ACTION: Recommendation of approval. SUMMARY: AMEND THE CITY OF MIDLAND ZONING MAP BY REZONING PROPERTIES LOCATED AT 5805 AND 5911 STARK ROAD AND 6902 AND 6909 NORTH SAGINAW ROAD FROM OFFICE SERVICE AND RA-1 SINGLE-FAMILY RESIDENTIAL ZONING TO REGIONAL COMMERCIAL ZONING. ITEMS ATTACHED AND PREVIOUSLY TRANSMITTED: 1. Letter to City Manager setting forth Planning Commission action. 2. Ordinance for City Council Action. 3. Staff Report to Planning Commission dated October 21, 2015. (See packet from November 9, 2015.) 4. Planning Commission minutes of October 27, 2015. (public hearing) (See packet from November 9, 2015.) 5. Communication(s). 6. Map showing location of property. CITY COUNCIL ACTION: 1. Public hearing is required. Date: December 7, 2015. 2. 3/5 vote required.

C. Bradley Kaye, AICP, CFM Assistant City Manager for Development Services CBK 12-2-15

Summary Report ZP 602 PH13415

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax  www.midland-mi.org

December 2, 2015

Jon Lynch, City Manager City Hall - 333 West Ellsworth Street Midland, Michigan Dear Mr. Lynch: At its meeting on Tuesday, October 27, 2015, the Planning Commission considered Zoning Petition No. 602, the request of Jason Bakus, to rezone property located at 5805 and 5911 Stark Road and 6902 and 6909 North Saginaw Road from Office Service and RA-1 SingleFamily Residential zoning to Regional Commercial zoning. The proposed zoning change would be consistent with the Commercial land use designation applied to the subject properties by the City of Midland Master Plan. After deliberation on the petition, the Planning Commission took the following action: Motion by Senesac and seconded by Pnacek to recommend to City Council the approval of Zoning Petition No. 602 initiated by Jason Bakus to zone property at 5805 and 5911 Stark Road and 6902 and 6909 North Saginaw Road from Office Service and RA-1 Single-Family Residential zoning to Regional Commercial zoning. Vote on the motion: YEAS: NAYS: ABSENT:

Bain, Heying, Mayville, McLaughlin, Pnacek, Senesac, and Stewart Hanna Tanzini

The motion was approved 7 to 1. On November 9, 2015 the City Council set a public hearing for December 7, 2015 at 7:00 p.m. to consider this petition. Since, the notice of this public hearing was sent to neighboring property owners, one letter of support has been received and is included in the agenda packet. Respectfully,

C. Bradley Kaye, AICP, CFM Assistant City Manager for Development Services CBK/djm LETTER OF TRANSMITTAL – ZP #602 PH

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ORDINANCE NO. ______ 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 REGIONAL COMMERICAL ZONING DISTRICT WHERE AN OFFICE SERVICE AND RA-1 SINGLE-FAMILY RESIDENTIAL 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: Parcel 4 (as shown on existing parcels layout map) A PARCEL OF LAND IN THE SOUTHEAST ¼ OF THE NORTHEAST FRACTIONAL ¼ OF SECTION 2, TOWNSHIP 14 NORTH, RANGE 1 EAST, HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN. COMMENCING AT THE NORTHEAST CORNER OF SECTION 2; THENCE SOUTH 00D 09M 44S WEST, 1122.96 FEET ALONG THE EAST LINE OF SECTION 2 TO THE NORTH 1/8 LINE AS PREVIOUSLY SURVEYED AND MONUMENTED BY OTHERS AND POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST SECTION LINE SOUTH 00D 09M 44S WEST, 427.12 FEET; THENCE SOUTH 89D 52M 19S WEST, 304.46 FEET; THENCE NORTH 00D 09M 44S EAST, 184.38 FEET PARALLEL WITH THE EAST LINE OF SECTION 2; THENCE SOUTH 89D 52M 19S WEST, 141.95 FEET; THENCE NORTH 00D 09M 44S EAST, 92.35 FEET PARALLEL WITH THE EAST LINE OF SECTION 2; THENCE SOUTH 89D 52M 19S WEST, 133.82 FEET; THENCE NORTH 00D 09M 44S EAST, 150.38 PARALLEL WITH THE EAST LINE OF SECTION 2 TO THE NORTH 1/8 LINE AS PREVIOUSLY SURVEYED AND MONUMENTED BY OTHERS; THENCE ALONG SAID 1/8 LINE NORTH 89D 52M 19S EAST, 580.23 FEET TO THE POINT OF BEGINNING. CONTAINING 4.23 ACRES OF LAND MORE OR LESS AND SUBJECT TO THE EASTERLY 33 FEET THEREOF USED FOR ROAD PURPOSES. Parcel 7 (as shown on existing parcels layout map) A PARCEL OF LAND IN THE SOUTHEAST ¼ OF THE NORTHEAST FRACTIONAL ¼ OF SECTION 2, TOWNSHIP 14 NORTH, RANGE 1 EAST, HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN. COMMENCING AT THE NORTHEAST CORNER OF SECTION 2; THENCE SOUTH 00D 09M 44S WEST, 1122.96 FEET ALONG THE EAST LINE OF SECTION 2 TO THE NORTH 1/8 LINE AS PREVIOUSLY SURVEYED AND MONUMENTED BY OTHERS; THENCE CONTINUING ALONG SAID 1/8 LINE SOUTH 89D 52M 19S WEST, 580.23 FEET; THENCE SOUTH 00D 09M 44S WEST, 150.38 FEET PARALLEL WITH THE EAST LINE OF SECTION 2 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00D 09M 44S WEST, 92.35 FEET PARALLEL WITH THE EAST LINE OF SECTION 2; THENCE NORTH 89D 52M 19S EAST, 133.82 FEET; THENCE NORTH 00D 09M 44S EAST, 92.35 FEET PARALLEL WITH THE EAST LINE OF

Zoning Petition ... - 4 of 22 SECTION 2; THENCE SOUTH 89D 52M 19S WEST, 133.82 FEET TO THE POINT OF BEGINNING, CONTAINING 0.28 ACRES OF LAND MORE OR LESS. Be, and the same are hereby changed to Regional Commercial. 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.

YEAS: NAYS: ABSENT: I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015.

_____________________________________ Selina Tisdale, City Clerk

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Attached documents for item Rejecting the 2015 Determinations of the Local Officers' Compensation Commission (4/5 vote required). TISDALE

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Attached documents for item Receiving and filing the 2015 Annual Construction Progress Update. MCMANUS

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SUMMARY REPORT TO THE CITY MANAGER For City Council Meeting of December 7, 2015

SUBJECT:

Construction Progress Report

INITIATED BY:

Brian McManus, City Engineer

RESOLUTION SUMMARY: This resolution authorizes City Council to receive and file the 2015 Construction Progress Report ITEMS ATTACHED:

1. 2. 3. 4.

Summary Letter to City Manager Construction Progress Report - 2015 Resolution Location Maps

CITY COUNCIL ACTION: 3/5 vote required to approve resolution SUBMITTED BY:

JNF ConstProgress2015.RPT

Brian McManus, City Engineer

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

DATE:

December 3, 2015

TO:

Jon Lynch, City Manager

FROM:

Brian McManus, City Engineer

RE:

2015 Construction Progress Annual Report

Annually, the Engineering Department provides a construction progress report that provides City Council and the community information regarding the progress of planned construction projects. The 2015 construction progress report is consolidated from the Project Priority Reports approved by City Council during the 2014/15 and 2015/16 budgeting processes. Each year new projects are approved under five funding categories that include Major Streets, Local Streets, Sanitary Sewer, Water, and Miscellaneous General Fund. Construction of approved projects is staggered, with some being completed in the summer that the budget is approved, and some completed the following year. Street construction project funding sources include the long standing county road millage and gas and weight tax revenues. In November of 2014 an additional county wide road millage was passed by voters in Midland. Funding from the additional road millage will first become available to provide increased street construction efforts during 2016. As shown on the project report, the majority of projects planned for construction in 2015 are complete. Certain projects are in progress and work on those will continue through the winter and spring. Approximately $9.1M worth of improvements was completed this construction season. This is an increase over the previous year during which approximately $8.0M worth of improvements were completed. The 2015 construction program was highlighted by several street improvements. Within the Major Street system, we reconstructed Waldo Avenue from Wheeler to north of Diamond Drive. The Poseyville Bridge over the Tittabawassee River was completed. The Poseyville Bridge project included removing all of the old paint, performing minor repairs and repainting the entire bridge. In addition, Eastman Avenue was reconstructed by MDOT from Jerome to Saginaw Road. Several Local Streets were reconstructed including Moorland, Perrine, Meadowbrook, St. Marys, Valorie, Shepherd Drive, Georgetown and Grant. The installation of sidewalks along Dublin Avenue was also completed during this past construction season. In addition, bids were accepted and the project awarded to construct the Sugnet Road extension from Dublin Avenue to Whiting Drive. Funding for this project is from the City

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and the State of Michigan through the Metropolitan Planning Organization (MPO). Construction activities to begin clearing the roadway area are expected to begin in December with final construction completion in summer of 2016. A resolution is attached for your consideration to receive and file this report. JNF ConstProgress2015.LTR

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2015 CONSTRUCTION PROJECTS

MAJOR STREET FUND STATUS

FUNDING

WALDO AVENUE: WHEELER TO NORTH OF DIAMOND DRIVE

PROJECT NAME $

COST 1,200,000

COMPLETE

FY 14/15

ASHMAN STREET: US-10 TO ROCKWELL

$

386,000

COMPLETE

FY 15/16

WACKERLY STREET: JEFFERSON TO SWEDE

$

600,000

COMPLETE

FY 15/16

MARK PUTNAM BRIDGE (POSEYVILLE OVER TITTABAWASSEE) DITCH CLEANING TRAFFIC SIGN UPGRADE TRAFFIC SIGNAL UPGRADE NON-MOTORIZED IMPROVEMENTS

$ $ $ $ $ $

1,605,000 50,000 30,000 35,000 10,000 3,916,000

COMPLETE COMPLETE COMPLETE COMPLETE COMPLETE

FY 15/16 FY 14/15 FY 14/15 FY 14/15 FY 15/16

MOORLAND DRIVE: WOODBRIDGE TO END

$

300,000

COMPLETE

FY 14/15

PERRINE ROAD: LETTS TO LETTS

$

165,000

COMPLETE

FY 14/15

ST. MARYS DRIVE: VALORIE TO DRAKE

$

260,000

COMPLETE

FY 14/15

VALORIE LANE: ST. MARYS TO DRAKE

$

200,000

COMPLETE

FY 14/15

SHEPHERD DRIVE: EASTMAN TO 300 FEET WEST

$

68,000

COMPLETE

FY 14/15

GEORGETOWN: WHITEWOOD TO CONGRESS

$

200,000

COMPLETE

FY 15/16

GRANT LANE: WALDO TO END OF STREET

$

154,000

COMPLETE

FY 15/16

MEADOWBROOK DRIVE: SAGINAW TO JEFFERSON CURB REPLACEMENT & PAVEMENT PATCHING

$ $ $

286,000 150,000 1,783,000

COMPLETE COMPLETE

FY 15/16 FY 13/14

LOCAL STREET FUND PROJECT NAME

SANITARY SEWER PROJECTS PROJECT NAME MISCELLANEOUS SEWER REPAIRS

$

50,000

COMPLETE

FY 14/15

EASTMAN AVE FORCEMAIN: W ST. ANDREWS TO ELIZABETH ST.

$

250,000

COMPLETE

FY 14/15

WALDO AVENUE: WHEELER TO NORTH OF DIAMOND DRIVE

$

915,000

COMPLETE

FY 14/15

N-S 1/4 LINE SECTION 33: FROM WALMART TO N. SEC. LINE SHEPHERD DRIVE: EASTMAN TO 300 FEET WEST

$ $ $

229,000 24,000 1,468,000

COMPLETE COMPLETE

FY 14/15 FY 14/15

$ $ $ $

10,000 80,000 180,000 270,000

COMPLETE COMPLETE COMPLETE

FY 14/15 FY 14/15 FY 14/15

EASTMAN AVE: W. ST. ANDREWS ROAD TO BUTTLES

$

500,000

COMPLETE

FY 14/15

W. NELSON STREET: ASHMAN ST. TO 100' W OF MANOR DR. SHEPHERD DRIVE: EASTMAN ROAD TO 300' WEST

$ $

194,000 25,000

COMPLETE COMPLETE

FY 14/15 FY 14/15

COMMERCE DRIVE UTILITY WALDO AVENUE: WHEELER TO NORTH OF DIAMOND GRANT LANE: WALDO TO END OF STREET MEADOWBROOK DRIVE: SAGINAW TO JEFFERSON CROSSINGS

$ $ $ $ $

159,000 565,000 141,000 72,000 1,656,000

COMPLETE COMPLETE COMPLETE COMPLETE

FY 14/15 FY 14/15 FY 15/16 FY 15/16

TOTAL 2015 CONSTRUCTION VALUE

$

MISCELLANEOUS GENERAL FUND PROJECTS PROJET NAME CATCH BASIN LEAD REPLACEMENTS SIDEWALK IMPROVEMENT PROGRAM (DUBLIN AVENUE) DUBLIN DITCH ENCLOSURE

WATER PROJECTS PROJECT NAME

9,093,000

MAP

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

BY COUNCILMAN

WHEREAS, the City Engineer reported the status of completion for projects in the 2015 Construction Program; now therefore RESOLVED, that City Council hereby receives and files the 2015 Construction Progress Report.

YEAS: NAYS: ABSENT:

I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015.

____________________________ Selina Tisdale, City Clerk

Attached documents for item Receiving a petition for the installation of Sanitary Sewer along Eastman Avenue from south of Monroe Road to Commerce Drive. MCMANUS

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SUMMARY REPORT TO THE CITY MANAGER For City Council Meeting of December 7, 2015

SUBJECT:

Petition for Public Improvement

INITIATED BY:

Petitioner

RESOLUTION SUMMARY: This resolution will receive a petition for Sanitary Sewer on Eastman Avenue from south of Monroe Road to Commerce Drive. ITEMS ATTACHED:

1. 2. 3. 4.

Cover Letter Resolution Petition Location Map

CITY COUNCIL ACTION: 3/5 vote required to approve resolution SUBMITTED BY:

JNF PubImp15.RPT

Brian McManus, City Engineer

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

December 3, 2015 Jon Lynch, City Manager City of Midland, Michigan Dear Mr. Lynch: Annually the City of Midland provides the opportunity for residents to request public infrastructure improvements, such as water and sewer system extensions, to areas that are not served by these utilities. We also accept requests for sidewalks and for street improvements in areas that have unimproved gravel roads. We published an ad in the Midland Daily News and sent notices to developers to submit their project requests to the City Engineering Department prior to the November 1, 2015 request deadline. The purpose of this meeting is to consider the public infrastructure improvement petitions received and determine if they should move forward in the process for further consideration. Petitions that advance will be further analyzed by City staff and any findings and subsequent recommendations will be reported to City Council at the annual project priority meeting held in January. A December receipt of the petitions by City Council allows the Engineering Department time to evaluate and prepare cost estimates for the proposed projects. Public infrastructure improvements are constructed by the City and are funded by a special assessment procedure that requires benefiting property owners to participate in cost-sharing on the project along with the City. The special assessment process requires that an initial petition be submitted by one or more property owners within the district benefited. City Council may also initiate special assessment projects. The City’s portion of these costs is for any exempt property, any over-sizing of a water main, sewer main or street improvement, and possibly for a share of the pumping facilities and pressure pipe costs in the sanitary sewer collection system. These City costs are borne entirely by the Water Fund, the Wastewater Fund, and the Major and Local Street Funds as the case may be. In the case of the Water and Wastewater Funds, funding for the City’s costs is derived solely with revenue generated by water and sewer rates. In the case of the Major and Local Street Funds, funding for the City’s costs is appropriated solely from the revenue received from state gas and weight taxes and the County Road Millage. If funding is not available in the Water or Wastewater Funds for requested projects, then the projects can be postponed or the City could increase user rates (connection fees, capital fees, and water and sewer rates) to accumulate the funds needed for system expansions. In advance of the Construction Project Priority meeting, we will contact property owners affected by the special assessment process so that they can express their opinions prior to appropriating funds. Projects that are approved in the budget process will then follow the

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special assessment procedures during the next construction year. The special assessment procedure involves up to five City Council meetings including two formal public hearings. At this time, we anticipate very limited available funding for new capital improvements in the Wastewater Fund. Attached hereto is one initiatory petition for capital public improvements that was received by the Engineering Department prior to the November 1, 2015 deadline. Specifically, the petition is: IMPROVEMENT

LOCATION

Sanitary Sewers

Eastman Avenue, Commerce Drive, and Elisenal Street – beginning 1,200 feet south of Monroe to 700 feet south on Elisenal

We recommend that this petition be received by Council and referred to the City Engineer for inclusion in the annual project priorities report. Although we have previously discussed the sanitary sewer in concept with the developer, this is the first time that a formal request for sanitary sewer service to this area within our city has been formally received and it will require some preliminary engineering to determine the optimal way to provide the requested services. Our recent experience indicates that providing utility services to areas similar to this can be quite expensive for the City. Both the recent Waldo Road and Commerce Drive expansions have not only been expensive projects in general but also had relatively high City cost shares that will likely take years to recoup. This dilemma is a product of expanding the City towards our outer boundaries. As we approach our outer City boundaries, quite often the mix of parcels within service districts include parcels within the City limits and parcels outside the City limits. Parcels outside of the City limits cannot be assessed and therefore initially the City would hold the cost of the infrastructure expansion related to those parcels. At such time as the parcels initially outside of the City at the time of utility expansion become annexed, then the City can begin to recoup the utility expansion costs. A measure we have taken in the past to mitigate some of the high initial cost to the City has been through establishing a cost share agreement with the developer. We will provide a more clear definition of a service district and costs for this sanitary sewer along Eastman Avenue request at the project priority meeting in January and recommend moving the petition forward for further evaluation. The attached resolution refers the above-mentioned public improvement petition to the City Engineer for inclusion in his report to the City Council on Engineering Priorities. Sincerely, __________________ Brian P. McManus City Engineer

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

BY COUNCILMAN RESOLVED, that the attached petition received from Todd Bennett, President of Earl D. Bennett Construction, Inc., for the installation of a sanitary sewer along Eastman Avenue from 1,200 feet south of Monroe Road to Commerce Drive and then along Commerce Drive to Elisenal Drive and 700 feet along Elisenal Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2016 Construction Program. YEAS: NAYS: ABSENT:

I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015.

____________________________ Selina Tisdale, City Clerk

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11/30/2015 12:17:53 PM R:\CADFILES\PROJECTS-MAP\15-16\bennett Eastman Ave large.dgn,1:1744.31,Default

Attached documents for item * Making Traffic Control Order R-15-05 Permanent - that the speed limit on Waldo Avenue, from 140 feet north of the intersection of Wheeler Road on the north side of US-10, to 600 feet north of Diamond Drive shall be 45 mph. MCMANUS

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SUMMARY REPORT TO MANAGER For City Council Meeting of December 7, 2015

SUBJECT: Traffic Control Order R-15-05 INITIATED BY: Engineering Department RESOLUTION SUMMARY: That the speed limit on Waldo Avenue, from 140 feet north of the intersection of Wheeler Road on the north side of US-10, to 600 feet north of Diamond Drive shall be 45 mph. ITEMS ATTACHED: 1. Letter of Transmittal 2. Resolution 3. Location Map CITY COUNCIL ACTION: 3/5 vote required to approve resolution

SUBMITTED BY: Brian McManus, City Engineer

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

TO:

Jon Lynch, City Manager

FROM:

Brian McManus, City Engineer

DATE:

December 1, 2015

SUBJECT: Traffic Control Order R-15-05 With the recent completion of the Waldo Avenue improvements that included reconstruction of the road between Wheeler Road and Diamond Drive, the speed limit was determined to be 45 mph by our traffic consultant and the City Engineering Department. This zone is now an urban area with a curb and gutter street and center left turn lane markings as opposed to a rural road with roadside ditches. Traffic Control Order R-15-05 was issued in September 2015. The traffic control order has been in place the required trial period. The traffic control action undertaken is described in the attached resolution and would become permanent upon acceptance by the City Council. We have not received any adverse comments from the public regarding this traffic control action.

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

BY COUNCILMAN

RESOLVED, that Traffic Control Order No. R-15-05 filed September 24, 2015 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows: That the speed limit on Waldo Avenue, from 140 feet north of the intersection of Wheeler Road on the north side of US-10, to 600 feet north of Diamond Drive shall be 45 mph. is hereby made permanent.

YEAS: NAYS: ABSENT:

I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015.

___________________________________ Selina Tisdale, City Clerk

LETTS

* Making Traffi... 4 of 4 CITY- LIMITS

R-15-05 DIAMOND

12/3/2015 10:33:48 AM R:\CADFILES\TRAFFIC CONTROL ORDERS\R-15-05.dgn,1:636.818,Default

SPEED LIMIT

WALDO

45

WHEELER

LOCATION MAP FOR TRAFFIC CONTROL ORDER NO. R-15-05

Attached documents for item * Gas to Energy Generator Cylinder Heads. BUSH

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SUMMARY REPORT TO MANAGER For City Council Meeting of December 7, 2015

SUBJECT:

ENERGY – PURCHASE OF GTE GENERATOR CYLINDER HEADS, BID 3740

INITIATED BY:

Noel D. Bush, Utilities Director

RESOLUTION SUMMARY: This resolution accepts the low bid submitted by Michigan Cat for the purchase of 11 replacement cylinder heads for the Gas to Energy generator engines, and authorizes a purchase order to be issued in the amount of $21,353.20, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland.

ITEMS ATTACHED: 1.

Letter to Council

2.

Resolution

CITY COUNCIL ACTION: 1.

3/5 vote required to approve resolution

NDB:jjs

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Utilities Department • 333 West Ellsworth Street • Midland, Michigan 48640-5132 • (989) 837-3341 • CitizenCommentsWater@midland-

December 2, 2015

Jon Lynch, City Manager Midland, Michigan Re: ENERGY – PURCHASE OF GTE GENERATOR CYLINDER HEADS, BID 3740

Dear Mr. Lynch: The City’s landfill gas to electric energy system (GTE) is comprised of two 20-cylinder Caterpillar engines that are fueled by landfill methane gas and Wastewater Treatment Plant digester methane gas. Each generator is capable of producing 1.6 megawatts of energy, which is then sold to The Dow Chemical Company. Each engine cylinder has a “head” on top that includes two intake valves and two exhaust valves. The heads have shown to have a workable life of 6,000 hours (about eight months, if running 24/7) and will need to be replaced. The life of the heads is equivalent to driving a car at 60 miles per hour for 360,000 miles. The maintenance goal is to have a full engine set of 20 heads in inventory, plus two more for incidental replacements. Each generator has had each of its heads replaced at varying hours of use to stagger the replacement of each, so the engine is off-line the least amount of time as possible. We currently have 11 heads in inventory and have requested bids for 11 more. On December 1, 2015, sealed bids were received and opened, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland, for Bid No. 3740, Generator Parts. The bids received were for 11 complete cylinder heads. The following total bids were received: Bidder Michigan Cat Midland Engine, Inc.

Total Bid $21,353.20 22,186.45

The low bid of $21,353.20 received from Michigan Cat meets City specifications and is acceptable. City staff will provide the labor to periodically swap out the heads. Funding for the cylinder heads is budgeted in the 2015/16 Renewable Energy Fund account #645.9120.97.025 – Capital Equipment.

File: Energy - GTE Heads, Bid 374013444

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The attached resolution will authorize a purchase order to Michigan Cat in an amount not to exceed $21,353.20. A 3/5 vote is required to approve. Respectfully submitted,

_________________________ Noel Bush, Utilities Director

File: Energy - GTE Heads, Bid 374013444

___________________________________ Annie Thrush, Sr. Procurement Accountant

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Utilities Department • 333 West Ellsworth Street • Midland, Michigan 48640-5132 • (989) 837-3341 • [email protected]

BY COUNCILMAN WHEREAS, the City’s landfill gas to electric energy system (GTE) is comprised of two 20-cylinder Caterpillar engines that are fueled by landfill methane gas and Wastewater Treatment Plant digester methane gas, with each generator being capable of producing 1.6 megawatts of energy; and WHEREAS, each engine cylinder has a “head” on top that includes two intake valves and two exhaust valves, with a workable life of 6,000 hours (about eight months, if running 24/7); and WHEREAS, the maintenance goal is to have a full engine set of 20 heads in inventory, plus two more for incidental replacements; and WHEREAS, each generator has had each of its heads replaced at varying hours of use to stagger the replacement of each, so the engine is off-line the least amount of time as possible; and WHEREAS, we currently have 11 heads in inventory and have requested bids for 11 more; and WHEREAS, on December 1, 2015, sealed bids were received and opened, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland, for Bid No. 3740, Generator Parts; and WHEREAS, funding for the 11 cylinder heads is budgeted in the 2015/16 Renewable Energy Fund account #645.9120.97.025 – Capital Equipment; now therefore RESOLVED, that a purchase order is hereby authorized to Michigan Cat in an amount not to exceed $21,353.20. YEAS: NAYS: ABSENT: I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015.

_______________________________ Selina Tisdale, City Clerk

Attached documents for item * Change Order for Mark Putnam Bridge Inspections. MCMANUS

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SUMMARY REPORT TO THE CITY MANAGER for Council Meeting of December 7, 2015 SUBJECT:

2015 Mark Putnam Bridge Rehabilitation - Construction Engineering Purchase Order Amendment

INITIATED BY:

City of Midland Engineering Department

RESOLUTION SUMMARY: This resolution authorizes the Senior Procurement Accountant to increase an existing purchase order spending limit with Great Lakes Engineering Group by $5,000 for construction engineering services related to the 2015 Mark Putnam Bridge Rehabilitation Project. ITEMS ATTACHED: 1. Cover Letter 2. Resolution 3. Great Lakes Engineering Group request letter CITY COUNCIL ACTION: 3/5 vote required to approve resolution SUBMITTED BY:

Brian McManus, City Engineer

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

November 30, 2015 Jon Lynch, City Manager City of Midland, Michigan RE: Mark Putnam Bridge Inspection Services – Purchase Order Amendment to Great Lakes Engineering Group for Construction Engineering Services Dear Mr. Lynch: The recently completed Mark Putnam Bridge (Poseyville Bridge) Rehabilitation project was primarily funded with a federal grant and supplemental city funds. The project work components included installation of a new epoxy driving surface, sealed expansion joints, concrete repairs and painting of structural steel. At the May 11, 2015 meeting, City Council authorized a purchase order with Great Lakes Engineering Group of Lansing, Michigan for construction engineering services and oversight related to this bridge project. This engineering work was estimated at $100,812.50 on a time and materials basis and based on the original estimated duration of 13 weeks for construction. The resolution included an approval for an additional $10,000 (10%) to accommodate unforeseen or unusual events bringing the total expenditure approval to $110,812.50. The actual work took 2.5 additional weeks or 15.5 weeks to complete. This amounts to 19% more time to complete than originally estimated. Also, the contractor began working six days per week in September and seven days per week in October. Near the end of the project, construction work took place from dusk to dawn in order to complete sensitive work within good weather conditions. This extra time and work effort by the contractor also caused additional construction inspection time. The Engineering Department has worked with Great Lakes Engineering to determine an accurate statement of the extra work involved with this project on their part. The attached correspondence indicates that the extra engineering cost required, because of the added length of time by the contractor to complete the work, is $15,000 above the original base amount or $115,812.50 total. This amounts to 15% over their original estimate. However, since the current spending limit is $110,812.50 the amount due this vendor is $5,000 more than the currently approved limit.

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Construction Engineering Inspection requirements are vast on a large bridge project, especially one that involves painting structural steel. This project had nearly $800,000 worth of painting work by the contractor. Federally funded projects require very stringent inspection standards and, subsequently, multiple inspection points. The inspection work criteria specified by federal standards requires inspection for paint thickness for all three layers of paint and approval of sandblasting preparation, compliance to temperature standards, and other factors. The stringent standards necessitate that full-time engineering observation be present during painting as well as other operations to ensure compliance and, ultimately, that federal funds will pay for the work. Other work tasks under the responsibility of Great Lakes Engineering for this project include all communication with the contractor, ensuring that MIOSHA safety criterion is met, federal wage rate interviews with workers for compliance with Davis-Bacon, quantity of work tracking and several additional tasks. The Mark Putnam Bridge project was primarily funded with a federal grant of $1.37 M. The City is responsible for a 5% match of construction cost, engineering design costs and construction inspection costs all totaling $242,000. The total project cost including the federal and local share is approximately $1.6 Million. Sufficient funding is available within the project budget to pay the extra engineering costs. It is our recommendation that the original purchase order spending limits to Great Lakes Engineering Group be increased by $5,000 in the best interest of the City of Midland. Respectfully submitted,

___________________________ Brian P. McManus, City Engineer

_____________________________________ Annie Thrush, Senior Procurement Accountant

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City Hall  333 West Ellsworth Street  Midland, Michigan 48640-5132  989.837.3300  989.835.2717 Fax

BY COUNCILMAN

WHEREAS, the City of Midland has issued Purchase Order 2015-1642 in the amount of $101,812.50 to Great Lakes Engineering Group of Lansing, Michigan, for construction engineering services related to the Mark Putnam Bridge Rehabilitation Project; and WHEREAS, the resolution authorizing Purchase Order 2015-1642 also allowed for an increase of an additional $10,000 for unforeseen events that may develop during the project, bringing the total authorized expenditure to $110,812.50; and WHEREAS, the original proposal by Great Lakes Engineering Group was based on a time and materials estimate of their efforts using the estimated duration of the work by the contractor; and WHEREAS, the construction work was extended by 2.5 weeks by the contractor; and WHEREAS, a purchase order amendment request has been received for additional work in the amount of $15,000 above the base amount due to extra inspection time required by Great Lakes Engineering Group, bringing their total cost to $115,812.50; and WHEREAS, funding for said project is provided by the Major Street Fund; now therefore RESOLVED, that the purchase order amendment request received from Great Lakes Engineering Group of Lansing, Michigan, in the indicated amount of $5,000 above the currently authorized expenditure limit, is hereby accepted and the Senior Procurement Accountant is directed to approve any necessary documents and purchase order amendments accordingly for said increased amounts and services. YEAS: NAYS: ABSENT: I, Selina Tisdale, City Clerk, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by a yea vote of all the Councilmen present at a regular meeting of the City Council held Monday, December 7, 2015. ____________________________ Selina Tisdale, City Clerk

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