December 17, 2007

 

A regular meeting of the City Council was held on Monday, December 17, 2007, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the December 3, 2007 regular meeting was offered by Councilman Donker and seconded by Councilman Adams.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 26

Planning and Community Development Director Keith Baker introduced Conditional Use Permit No. 26 – a request from the County of Midland for a Conditional Use Permit to allow a proposed 250 bed county jail in a Community District at 101 Rockwell Drive on 30 acres.  Rich Fosgitt, Wilcox Professional Services, spoke on behalf of the petitioner, Midland County, regarding the site plan and building details.  Jerry Brand with Corrections Design Company spoke regarding the building design and aesthetics.  A public hearing opened at 7:49 p.m.  Midland County Sheriff Jerry Nielsen spoke regarding the project and asked for City Council support of the Conditional Use Permit.  The public hearing closed at 7:51 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the County of Midland submitted a request for a conditional use permit review and approval to allow a 250 bed county jail in a Community Zoning District at 101 Rockwell Drive on 30 acres; 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.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01(d) of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   A 5 foot concrete sidewalk shall be installed along the developed frontage of Fast Ice Drive.

      7.   The landscaping and berm along Rockwell Drive shall be relocated in such a way as to not impede the utility easement.

      8.   The fenced emergency evacuation area shall be located on the south side of the building.

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. 26 in accord with documents provided and submitted at the meeting of November 19, 2007.  (Motion ADOPTED.)

 

MIDLAND COGENERATION VENTURE – IFT APPLICATION

City Assessor Reid Duford presented a request from Midland Cogeneration Venture (MCV), LP for an Industrial Facilities Exemption Certificate.  Rod Weiland, representing MCV, spoke regarding the petitioners request and encouraged Council support of the IFT.  Paul Hamer of MCV also responded to City Council inquiries.  A public hearing opened at 8:05 p.m.  Scott Walker, Executive Director for Midland Tomorrow, spoke in support of the MCV IFT.  The public hearing closed at 8:09 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, the Midland Cogeneration Venture Industrial Development District No. 1 was established by resolution of the Midland City Council on November 4, 1996; and       

WHEREAS, Midland Cogeneration Venture, LP made an application dated November 30, 2007, which was received by the City Clerk on November 30, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project costs of $38,865,000, which are all real property improvements with the same being located within the Midland Cogeneration Venture Industrial Development District No. 1, for cost associated with the engineering, construction and equipment to improve the overall efficiency of generating electricity when the facility is operating at low loads; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on December 17, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Midland Cogeneration Venture, LP considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Midland Cogeneration Venture, LP for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Midland Cogeneration Venture, LP pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

EMERGENCY RESPONSE ORDINANCE AMENDMENT

City Attorney James Branson presented the second reading and adoption of an ordinance making amendments regarding emergency response fees.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

Ordinance No. 1646

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Sections 33-2 and 33-3 of chapter 33 thereof.

The City of Midland Ordains:

Section 1.  Sections 33-2 and 33-3 are hereby amended to read as follows:

Sec. 33-2.  Definitions.

When used in this chapter, the following terms shall mean:

Emergency response:

(1)           The providing, sending and/or utilizing of police, fire fighting, emergency medical and/or rescue services by the city to an incident resulting in an accident involving one (1) or more motor vehicles operated by one (1) or more drivers who were under the influence of an intoxicating liquor or a controlled substance, or a combination of an intoxicating liquor and a controlled substance; or

(2)          The providing, sending and/or utilizing of police, fire fighting, emergency medical and/or rescue services by the city to an incident resulting in a traffic stop and arrest by a police officer of a driver who was operating a motor vehicle while under the influence of an intoxicating liquor and/or controlled substance, or a combination of an intoxicating liquor and a controlled substance.

Sec. 33-3.  Liability for emergency response fee.

(a)  Person responsible.  A person is liable for an emergency response fee if, while under the influence of an intoxicating liquor or a controlled substance, or a combination of an intoxicating liquor and a controlled substance, such person’s operation of a motor vehicle proximately causes any incident resulting in an emergency response.

(b)  Presumptions.

(1)   For the purposes of this chapter, a person is under the influence of an intoxicating liquor or a controlled substance, or a combination of an intoxicating liquor and a controlled substance, when his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person of ordinary prudence.  Further, it shall be presumed that a person was operating a motor vehicle while under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of seven one hundredths (0.07) of one percent.

(2)  For the purposes of this chapter, it shall be presumed that a person was operating a commercial motor vehicle while under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of four one hundredths (0.04) of one percent.

(3)  For the purposes of this chapter, it shall be presumed that a person who is less than twenty-one (21) years of age and or who operates a motor vehicle was under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of two one hundredths (0.02) of one percent.

(c)   Charge against person.  An emergency response fee shall be a charge against the person responsible for the emergency response under this chapter and shall be construed as a civil liability only.  The charge constitutes a debt owed by that person to the city and is due to and collectible by the city in the same manner as in the case of an obligation under an express or implied contract.  This chapter shall not be construed to conflict, contravene, enlarge or reduce criminal liability or responsibility.

(d)  Emergency response fee.  The city council shall, by ordinance, adopt an emergency response fee. 

(e)  Billing.  The director of fiscal services, or his or her designee, shall, within ten (10) days of receiving notice of the disposition of the case from the court, submit a bill for these costs by first class mail or personal service to the person liable for the emergency response fee as enumerated under this chapter.  The bill(s) shall require full payment within thirty (30) days from the date of billing.

(f)   Failure to pay.  Any failure by the person responsible to pay an emergency response fee within thirty (30) days of the service of a bill shall be considered a default.  In case of default, the city may commence a civil suit to recover such expense plus any costs allowed by law.

Section 2.  This Ordinance shall take effect on January 1, 2008.  (Ordinance ADOPTED.)

 

EMERGENCY RESPONSE FEE ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

Ordinance No. 1647

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending sections 21-80 and 21-81 of article iii of chapter 21 thereof. 

The City of Midland Ordains:

Section 1.  Sections 21-80 and 21-81 are hereby amended to read as follows:

Sec. 21-80. Emergency response fee.

The emergency response fee shall be a minimum of $250.00 per offense.  If the cost of an emergency response fee shall exceed the $250.00 minimum, the actual cost of response shall be applied.

Section 2.  This Ordinance shall take effect on January 1, 2008.  (Ordinance ADOPTED.)

 

COMPREHENSIVE ANNUAL FINANCIAL REPORT & SINGLE AUDIT REPORT FOR 6/30/07

Fiscal Services Director David Keenan introduced Jackson Richardson and Joe Hefernon with Plante and Moran who presented the City of Midland’s Comprehensive Annual Financial Report and Single Audit Report for the year ended June 30, 2007.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2007 is hereby received and ordered filed for public examination.  (Motion ADOPTED.)

 

PURCHASE OF 4-D BUILDING & PROPERTY AND BUDGET AMENDMENTS

City Planner Daryl Poprave presented information on the purchase of the 4-D Building and Property, 7.97 acres of land and a 10,000 sq. ft. building at 426 River Street and a resolution setting a public hearing on budget amendments for the acquisition and renovation of the 4-D building and property.  The following two resolutions were then presented for consideration.

 

PURCHASE OF 4-D BUILDING & PROPERTY

The following resolution was offered by Councilman Rokosz and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of 7.97 acres of land and a 10,000 square foot storage building at 426 River Street, in the City of Midland; and

WHEREAS, an agreement to purchase the property at 426 River Street was submitted by 4D Old Castle Incorporated who agreed to a purchase price of Two Hundred Thirty Thousand Dollars ($230,000); now therefore

RESOLVED, that upon drafting, review and approval of the City Attorney, a purchase agreement will be executed by the Mayor and City Clerk.  (Motion ADOPTED.)

 

PROPOSED BUDGET AMENDMENT FOR PURCHASE OF 4-D BUILDING & PROPERTY

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, January 7, 2008, in the Council Chambers of City Hall on the proposal to amend the 2007-08 Water Fund budget by increasing appropriations by $70,000, to amend the 2007-08 General Fund budget by increasing revenues and appropriations by $40,051, and to establish a budget for the Municipal Service Annex Fund to include $310,051 of revenues and $310,051 of capital outlay to account for the acquisition and renovation of the 4-D building and property.  (Motion ADOPTED.)

 

Council recessed at 9:19 p.m. and resumed the meeting at 9:25 p.m.

 

FUEL PURCHASE

Department of Public Services Director Karen Murphy presented a resolution authorizing the administrative purchase of fuel in excess of $20,000.  The following resolution was then offered by Councilman Donker and seconded by Councilman McKeag:

 

WHEREAS, the Municipal Service Center houses a fueling station for use by all city departments and staff orders fuel for delivery on an as needed basis following a formal bid process in accord with Section 2-18 of the Code of Ordinances; and

WHEREAS, the cost of fuel has reached a level where a full tanker of fuel exceeds the $20,000 purchasing limit allowable without Council approval; and

WHEREAS, due to the volatility of the price of fuel, vendors will not hold the bid price for the time necessary to obtain prior City Council approval; and

WHEREAS, the price volatility has forced City staff to order partial tankers of fuel to maintain compliance with Section 2-18 of the Code of Ordinances resulting in additional delivery charges due to ordering fuel more frequently; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to purchase full tankers of fuel that exceed $20,000 in cost from the lowest bid in accord with Section 2-18 of the Code of Ordinances; and

RESOLVED FURTHER, that the Purchasing Agent is hereby directed to place said purchase on the next available Council meeting agenda for consideration of approval by the City Council.  (Motion ADOPTED.)

 

TERMINABLE ROADWAY EASEMENT – ELISENAL DRIVE

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached Terminable Roadway Easement from the D & M Johnston Family, LLC, to the City of Midland, for the use of the right-of-way for Elisenal Drive, from the Jacobs Drain to Commerce Drive, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Terminable Roadway Easement is ordered recorded; and

RESOLVED FURTHER, that said right-of-way shall be used for public street purposes.  (Motion ADOPTED.)

 

WARRANTY DEED – FAST ICE DRIVE

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached Warranty Deed from Nicolaos A. Rapanos and Elaine D. Rapanos to the City of Midland, conveying a public street, from the existing terminus of Fast Ice Drive near the City Ice Arena to Rockwell Drive, in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the warranty deed is ordered recorded; and

RESOLVED FURTHER, that said public street shall be named Fast Ice Drive; and

RESOLVED FURTHER, that acceptance of this deed is contingent upon a performance bond or other financial guarantee, in favor of the City, being issued to the City Attorney prior to December 31, 2007.  (Motion ADOPTED.)

 

UTILITIES EASEMENT – FAST ICE DRIVE

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached Easement Agreement from Nicolaos A. Rapanos and Elaine D. Rapanos to the City of Midland, conveying a permanent easement and right- of-way for public utilities along Fast Ice Drive, from the existing terminus of Fast Ice Drive near the City Ice Arena to Rockwell Drive, in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

WATER MAIN EASEMENT – FAST ICE DRIVE

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached Easement Agreement from Nicolaos A. Rapanos and Elaine D. Rapanos to the City of Midland, conveying a permanent easement and right-of- way for a public water main running west from  Fast Ice Drive, in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement  is ordered recorded.  (Motion ADOPTED.)

 

DRAINAGE DITCHES EASEMENT – FAST ICE DRIVE

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached Easement Agreement from Nicolaos A. Rapanos and Elaine D. Rapanos to the City of Midland, conveying a permanent easement and right- of-way for storm drain operation and maintenance on open drains running from Fast Ice Drive to Bay City Road, in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement  is ordered recorded; and

RESOLVED FURTHER, that acceptance of this easement agreement is contingent upon a performance bond or other financial guarantee in favor of the City being issued to the City Attorney prior to December 31, 2007.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-26

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. P-07-26 filed October 2, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

           


That parking shall be prohibited on the southwest side of Larkin Street between Townsend Street and 145 feet southeast of Townsend Street from 7:00 a.m. to 8:00 p.m. to accommodate a loading zone.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-07-28

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. P-07-28 filed October 2, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be permitted on the north side of Lambros Drive between Haker Street and Sharon Street and Traffic Control Order P-90-26 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-07-13

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. R-07-13 filed October 10, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That TCO R-99-01, which prohibits left hand turns from southbound Saginaw Road to Tucker Street, shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-07-08

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. S-07-08 filed October 2, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Harper Lane shall stop for Nakoma Drive. 

is hereby made permanent.  (Motion ADOPTED.)

 

CABLE ACCESS ADVISORY COMMISSION – BROWN RESIGNATION

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the resignation of Jason Brown as a member of the Cable Access Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Brown for his service on this important Commission.  (Motion ADOPTED.)

 

DIAL-A-RIDE COMMISSION – CARLSON APPOINTMENT

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that David Carlson is hereby appointed to the Dial-A-Ride Advisory Commission as a Senior Representative to fill a term to expire June 30, 2010.  (Motion ADOPTED.)

 

CHANGE IN MUNICIPAL PUBLIC SERVICE ELECTRIC RATES

Utilities Director Noel Bush presented a resolution authorizing a contribution of $3,500 to the legal defense fund sponsored by the Michigan Municipal League to intervene and oppose the rate increases proposed by the Michigan Public Service Commission for municipal rate classifications, PS-1, PS-2 and PS-3.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

WHEREAS, Consumers Energy is the sole provider of electric service to the Water, Wastewater, and Landfill operations (Utilities Funds) in the City of Midland; and

WHEREAS, municipalities purchase power at rates approved by the Michigan Public Service Commission (MPSC) classified as PS-1, PS-2 and PS-3; and

WHEREAS, Consumers Energy made a request to the MPSC to modify the PS-1, PS-2, and PS-3 municipal rates by eliminating the three rate schedules, combining the customers with a new higher fee; and

WHEREAS, the Michigan Municipal League agreed to contribute $25,000.00 along with the cities of Wyoming and Grand Rapids to establish a legal defense fund to intervene in the action; and

WHEREAS, the rate increases will range from 14% to 25%, which equates to an aggregate cost to Utilities Funds of up to $200,000.00 per year; now therefore

RESOLVED, that the Utilities Director is hereby authorized to contribute $3,500.00 (Water Fund $2,000.00, Wastewater Fund $1,000.00, and Landfill $500.00) to the legal defense fund as sponsored by the Michigan Municipal League to intervene and oppose the actions taken by the Michigan Public Service Commission to eliminate the PS-1, PS-2, and PS-3 municipal rates schedules, combining the customers with a new higher fee.  (Motion ADOPTED.)

 

CONTRACTED APPRAISAL SERVICES – MCV TAX APPEAL

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997 – 2007 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Baker & O’Brien and Andrew B. Chamberlain have been retained in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on February 26, 2007 City Council authorized payments to Baker & O’Brien and Andrew B. Chamberlain for the aforementioned services in a total amount not to exceed $125,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2007-2008 Appraisal Fees budget for the  MCV tax appeal cases; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the appraisal firms of Baker & O’Brien and Andrew B. Chamberlain for their assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $225,000.  (Motion ADOPTED.)

 

COMPACTOR LEASE - LANDFILL

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

WHEREAS, sealed bids for the three-year lease of one (1) Sanitary Landfill Compactor – Landfill, Bid No. 3069, for delivery in the current fiscal year, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid (lease and preventive maintenance costs) submitted by Michigan Cat for its CAT 836H compactor unit is rejected for non-compliance with Landfill specifications; and

WHEREAS, the low compliant bid submitted by Midland Engine for the Bomag BC1172RB-2 compactor unit meets all the City's specifications; and

WHEREAS, funds have been budgeted in the 2007/08 Landfill Fund, account #517-8110-811.94-11 - Equipment Rental in the amount of $207,350.00 for the first of three annual lease payments, and in account #517-8110-811.93-21 - Equipment Maintenance in the amount of $17,087.00 for the first of three scheduled preventive maintenance payments; now therefore

RESOLVED, that the low compliant bid submitted by Midland Engine for a Bomag BC1172RB-2 in the amount of $207,350.00, plus the annual scheduled preventive maintenance amount of  $17,087.00, (total annual lease and PM cost of $224,437.00, for a total three year cost of $673,311.00) is hereby accepted and purchase orders for said annual payments are authorized; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the lease and maintenance agreements subject to document approval by the City Attorney.  (Motion ADOPTED.)

 

LANDFILL CELL 16 CONSTRUCTION CHANGE ORDER

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

WHEREAS, on April 23, 2007, Elmer’s Crane and Dozer of Traverse City, Michigan was awarded the contract to construct the Landfill’s new Cell 16, and has since completed the construction according to the specifications set forth by the engineering design; and

WHEREAS, the net change order increase to the Cell 16 construction contract is $50,849.68, related to Leachate Sump Improvements, Redundant Pipe Added to Bid Design, Prior Cell 15 Liner Repairs, Net Increase in Soil Handling, Reduction in Stone Material, and Remove Seeding from Work Scope, bringing the total contract amount to $1,085,108.99; and

WHEREAS, funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects for this change order request; now therefore 

RESOLVED, that a change order to amend the construction contract with Elmer’s Crane and Dozer in the amount of $50,849.68 is hereby approved, bringing the final amended contract amount to $1,085,108.99 for the construction of Landfill Cell 16.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 28

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

WHEREAS, Nextel Communications c/o Schnelz Wells, P.C. submitted a request for a conditional use permit review and approval for an erection of roof mounted cellular antennas in a Regional Commercial zoning district at 6517 Eastman Avenue; 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.   All exterior cellular antennae support equipment is screened from the roadways.

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 21, 2008, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on January 4, 2008 and to publish said notice on January 5, 2008.  (Motion ADOPTED.)

 

PROPOSED 2007/08 LANDFILL BUDGET AMENDMENT

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, January 7, 2008 at 7:00 p.m., in the Council Chambers of City Hall on the proposal to amend the 2007/08 Landfill Fund Budget to increase revenues from working capital in the amount of $55,072.00, and to increase appropriations by $55,072.00 to be used as partial funding for the buy out of a leased Komatsu WA380-5  wheel loader at a total cost of $90,072.00.  (Motion ADOPTED.)

 

CORRIDOR IMPROVEMENT AUTHORITY

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

WHEREAS, the City Council directed the City staff to prepare a resolution of intent to create a Corridor Improvement Authority along S. Saginaw Rd. from the Circle Area to Patrick Rd. for consideration at the December 17, 2007 City Council meeting; and

WHEREAS, the notice requirements for the required public hearing on this matter would cause notices to occur during the holidays; and

WHEREAS, the City staff has recommended that consideration of the resolution of intent be postponed until the January 7, 2008 City Council meeting; now therefore

RESOLVED, that the City Council hereby directs the City staff to prepare the resolution of intent to create said Corridor Improvement Authority for consideration at the January 7, 2008 City Council meeting.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk