June 9, 2008

 

A regular meeting of the City Council was held on Monday, June 9, 2008, 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 May 19, 2008 regular, May 27, 2008 and June 3, 2008 special meetings was offered by Councilman Donker and seconded by Councilman Adams.  (Motion ADOPTED.)

 

AMATEUR RADIO WEEK

Communications Coordinator Libby Richart introduced Keith Johnson, Vice President of the Midland Amateur Radio Club.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman McKeag:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 21 – 28, 2008, as Amateur Radio Week and June 28, 2008, as Amateur Radio Day in Midland.   (Motion ADOPTED.)  Mayor Johnson presented Keith Johnson with the proclamation.

 

CONDITIONAL USE PERMIT NO. 29

Planning and Community Development Director Keith Baker introduced Conditional Use Permit No. 29 – a request by Renee Johnson for a group child day care in a Residential A-1 zoning district at 6112 Partridge Lane on 0.3 acres.  Petitioner Renee Johnson spoke regarding the business.  A public hearing opened at 7:21 p.m., recognizing no public comments, the hearing closed at 7:21 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, Renee Johnson submitted a request for a conditional use permit review and approval to operate a group child day care in a Residential A-1 Zoning District at 6112 Partridge Lane on 0.3 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, 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. 29 with the following contingencies:

1.    That no on-premises signs be permitted.

2.    That the hours of operation not extend past 6:00 p.m. Monday through Friday.

3.    That no exterior or interior alterations to the building be permitted that would otherwise change the character or nature of the dwelling as a residential use.

4.    That no more than one additional non-resident adult employee be present at any given time. 

(Motion ADOPTED.)

 


ALLOY CONSTRUCTION SERVICE, INC. – IFT APPLICATION

City Assessor Reid Duford presented a request from Alloy Construction Service, Inc. for an Industrial Facilities Tax Exemption Certificate within The Dow Chemical Waldo Avenue Industrial Development District No. 1.  Alloy Construction Service, Inc. President Ronnie Neumann and Assistant Rachel Fries spoke regarding the request and project.  A public hearing opened at 7:36 p.m.  Ryan Richards, Marketing Manager for Midland Tomorrow, spoke regarding Alloy Construction’s positive impact on economic development in Midland.  The hearing closed at 7:37 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, The Dow Chemical Waldo Avenue Industrial Development District No. 1 was established by resolution of the Midland City Council on April 28, 2008; and   

WHEREAS, Alloy Construction Service, Inc. made an application dated May 14, 2008, which was received by the City Clerk on May 14, 2008, 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 cost of $2,230,000, which includes $850,000 in new personal property and $1,380,000 for land and building improvements with the same being located within The Dow Chemical Waldo Avenue Industrial Development District No. 1, to build and equip Alloy Construction’s new headquarters, consisting of a manufacturing facility of about 24,000 square feet and an office facility of about 7,500 square feet; 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 June 9, 2008, 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 industrial development 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 Alloy Construction Service, Inc. 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 Alloy Construction Service, Inc. for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2020; and

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

 

ALLOY CONSTRUCTION, INC. – BROWNFIELD REDEVELOPMENT PLAN

Assistant City Manager Jack Duso presented a request from Alloy Construction Service, Inc. for approval of a Brownfield Redevelopment Plan.  A public hearing opened at 7:44 p.m.  Ryan Richards, Marketing Manager for Midland Tomorrow, spoke regarding positive aspects about Alloy Construction developing in this industrial development space.  The hearing closed at 7:46 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.            The Plan constitutes a public purpose under the Act;

B.            The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.  (Motion ADOPTED.)

 

2007-08 WASTEWATER FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented an amendment to the 2007-08 Wastewater Fund budget to increase appropriations by $115,441 from working capital for the purchase of parts for the Trickling Filter.  A public hearing opened at 7:51 p.m., recognizing no public comments, the hearing closed at 7:51 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, June 9, 2008, on the proposal to amend the 2007/08 Wastewater Fund budget, increasing appropriations by $115,441.00 from working capital for the purchase of one set of arms and one center column for the east trickling filter, and one center column for the west trickling filter at the Wastewater Treatment Plant; now therefore


RESOLVED, that the proposal to amend the 2007/08 Wastewater Fund budget, increasing appropriations by $115,441.00 from working capital for the purchase of one set of arms and one center column for the east trickling filter, and one center column for the west trickling filter at the Wastewater Treatment Plant is hereby approved. (Motion ADOPTED.)

 

ZONING PETITION NO. 550

Planning and Community Development Director Keith Baker presented information on Zoning Petition No. 550 – Wolverine Bank – rezoning property at 1618 Dilloway Drive from Residential A-1 to Office Service zoning.  Rick Rosinski, Chief Operating Officer, Wolverine Bank, spoke regarding the rezoning.  A public hearing opened at 8:02 p.m., recognizing no public comments, the hearing closed at 8:02 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. 1658

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 AN OFFICE SERVICE ZONING WHERE A RESIDENTIAL A-1 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:

Lot 2 of Cutler Subdivision, exception the West 7 feet, thereof, as recorded in Liber B of Plats, page 34.

Be, and the same is hereby changed to Office Service.

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.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

There were no public comments.

 

UTILITIES ORDINANCE AMENDMENTS

Utilities Director Noel Bush presented information on ordinance amendments to Section 28-52 of Division 3 of Article II of Chapter 28 – Water Rates, Section 28-163 of Division 3 of Article III of Chapter 28 – Sewer Rates, Section 28-124 of Division 1 of Article III of Chapter 28 – Septage Rates, and Section 28-216 of Division 5 of Article III of Chapter 28 – Discharge.  The following four ordinance amendments were then presented for consideration.

 

WATER RATES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amending water rates was offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)  For each one thousand (1,000) gallons used per quarter: $1.09        $1.14

(2)  In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4”

$30.06

 $31.05

1"

$39.08

 $40.37

1- 1/2"

$48.10

 $49.68

2"

$78.16

 $80.73

3"

$300.60

 $310.50

4"

$390.78

 $403.65

6"

$571.14

 $589.95

8"

$811.62

 $838.35

(2)(3)   Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2.    This ordinance shall take effect July 1, 2008.  (Motion ADOPTED.  Considered first reading.)

 

SEWER RATES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amending sewer rates was offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)          There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

AMOUNT

     5/8" – 3/4"

$35.40

 $37.12

1"

 46.02

$48.26

1 – 1/2"

 56.64

 $59.39

2"

 92.04

 $96.51

3"

 354.00

 $371.20

4"

 460.20

 $482.56

6"

 672.60

 $705.28

8"

 955.80

 $1,002.24

(2)          In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:        $1.68               $1.77

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect July 1, 2008.  (Motion ADOPTED.  Considered first reading.)

 

SEPTAGE RATES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amending septage rates was offered by Councilman McKeag and seconded by Councilman Donker:

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-124 OF DIVISION 1 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-124 of Division 1 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-124. Collected and transported waste disposal; permit and fee required.

Before wastes from any septic tank or any other waste collection device are transported for disposal at the city waste disposal site, the person cleaning or having such tank or device cleaned shall apply for and receive a disposal permit (waste disposal ticket). The permit shall be issued upon the payment of a fee, in the amount of twenty-five dollars ($25.00) seventy-eight dollars ($78.00) minimum per truckload or twenty-five dollars ($25.00) seventy-eight dollars ($78.00) per one thousand (1,000) gallons of waste or part thereof, whichever is greater, for each such load transported to the waste disposal site.  Before unloading, each permit shall be presented to the city employee on duty at the waste disposal site.

Section 2.    This ordinance shall take effect July 1, 2008. (Motion ADOPTED.  Considered first reading.)

 

DISCHARGE REQUIREMENTS ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amending discharge requirements was offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-216 OF DIVISION 5 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-216 of Division 5 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-216. Supplemental limitations (discharge requirements).

No user shall discharge wastewater containing concentrations of toxic pollutants found to interfere with or pass through the POTW operation or interfere with the recycling or disposal of the wastewater bio-solids product (sludge). The following is a list of toxic pollutants* of concern and the maximum allowable discharge limits for those pollutants, which is applicable to all users of the POTW:

Toxic Pollutant Name

Maximum Allowable User Discharge Concentration (mg/l)

Arsenic

1.4 mg/l

Cadmium

0.1 mg/l

Chromium (total)

2.1 mg/l

Copper

1.4 mg/l

Cyanide

1.1 mg/l

Lead

1.1 mg/l

Mercury

1.3 ng/l

Molybdenum

1.0 mg/l

Nickel

0.8 mg/l

Zinc

0.5 mg/l

*Taken from "Michigan Industrial Pretreatment Guidebook," Table 6, Page 48.

____________ 

The city reserves the right to amend the foregoing list as appropriate to protect the public health, safety and welfare of the citizens of the City of Midland.

Any discharge of mercury at or above 1.3 ng/l is a specific violation of this ordinance. The mercury sampling procedures, preservation and handling and analytical protocol for compliance monitoring shall be in accordance with EPA method 1631. The City of Midland utilities department may require a user to develop, submit for approval and implement a Mercury Reduction Plan if the user discharges wastewater that will or has a reasonable potential to exceed the maximum concentration level for mercury. Such plan shall include a written commitment by the user to reduce the concentration of mercury in the user’s wastewater discharge. The user must submit to the City of Midland utilities department a semiannual report on the status of the mercury reduction effort.

Section 2.    This ordinance shall take effect July 1, 2008.  (Motion ADOPTED.  Considered first reading.)

 

SITE PLAN NO. 279

Planning and Community Development Director Keith Baker presented information on Site Plan No. 279 – Wilcox Professional Services on behalf of Bennett Construction, Inc. – for an 11,720 sq. ft. retail strip center and restaurant located at 221 W. Wackerly Street on 4.59 acres.  Rich Fosgitt, Wilcox Professional Services, spoke on behalf of the petitioner regarding the project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 279, the request of Wilcox Professional Services on behalf of Bennett Construction, Inc. for an 11,720 square foot retail strip center and restaurant located at 221 West Wackerly Street on 4.59 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 279 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. 279, 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 5.01D of the Zoning Ordinance and shall be delineated by the “box” style striping pattern.

      6.   All exterior mechanical equipment shall be screened in accordance with Section 6.02(E)2 of the Zoning Ordinance.

      7.   The dumpster shall be set back at least 10 feet from the property line and shall be constructed and screened in accordance with Section 3.15 of the Zoning Ordinance.

      8.   The southwest maneuvering lane shall be set back 10 feet from the property line.

      9.   A photometric grid shall be provided to show that the exterior lighting complies with the Zoning Ordinance.

      10. Driveway access easements and shared parking agreements shall be provided.

      11. A “Statement of Conditions” contract shall be executed prior to the issuance of a building permit.

(Motion ADOPTED.)

 

EASEMENT FOR ELECTRIC LINES – CURRIE GOLF COURSE CART STORAGE

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

 

RESOLVED, that the attached Easement for Overhead Electric Lines from the City of Midland to Consumers Energy Company, to allow Consumers Energy to install overhead electric service to the new Currie Golf Cart Storage at 1116 Currie Parkway is hereby accepted and that the Mayor and City Clerk are hereby authorized to sign said easement and/or subparts or attachments on behalf of the City of Midland and that the easement is ordered recorded.  (Motion ADOPTED.)

 

DDA – WITHDRAWAL FROM MICHIGAN MAIN STREET PROGRAM

Planning and Community Development Director Keith Baker presented a request to authorize the Downtown Development Authority to remove itself from participation in the Michigan Main Street Program.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, In 2005, the City of Midland made application to, and was selected to participate in, the Michigan Main Street (MMS) program sponsored by the Michigan State Housing Development Authority; and

WHEREAS, while participation in the program during the past three years has benefited Downtown Midland through the technical assistance and training offered as well as the preparation of the 2006 Downtown Midland Market Study, the assistance offered by the program and the direction of the Midland Downtown Development Authority (DDA) have become increasingly divergent; and

WHEREAS, during its annual strategic planning session in January, the DDA Board weighed the ongoing benefits of participation in the program with the costs of continuing in the program and the DDA’s ability to meet the MMS program intent and criteria; and

WHEREAS, budgetary constraints and the board’s desire to redirect scarce financial and staff resources to other DDA priorities resulted in the decision to pursue withdrawal from the program; and

WHEREAS, after careful consideration, the Midland DDA Board voted unanimously at its March 12, 2008 meeting to recommend to the City Council that the City of Midland formally withdraw itself from the Michigan Main Street program; now therefore

RESOLVED, that the Midland City Council hereby authorizes the withdrawal of the Midland Downtown Development Authority from the Michigan Main Street program.  (Motion ADOPTED.)

 

JULY 2008 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2008; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2008 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2008 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2008; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2008 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2008 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2008; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

 

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2008 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2008 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2008; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2008 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2008 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2008; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer has and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2008 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2008 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2008 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

            1996 Street Improvement                                                       $    4,326.12

             2005 Street Improvement                                                            2,736.60

                        Subtotal Street Improvement Rolls                            $    7,062.72

Sanitary Sewer Improvement Rolls

            1996 Sanitary Sewer Improvement                                       $    2,405.20

            1998 Sanitary Sewer Improvement                                             1,545.27

            2003 Sanitary Sewer Improvement                                           17,148.21

                        Subtotal Sanitary Sewer Improvement Rolls             $  21,098.68

Water Main Improvement Rolls

            1998 Water Main Improvement                                               $   1,073.64

                        Subtotal Water Main Improvement Rolls                    $   1,073.64

Sidewalk Improvement Rolls

           2004 Sidewalk Improvement                                                    $   5,645.64

            2005 Sidewalk Improvement                                                        3,241.72

           2006 Sidewalk Improvement                                                           568.04

            2007 Sidewalk Improvement                                                        2,914.13

                        Subtotal Sidewalk Improvement Rolls                      $   12,369.53

2007 Downtown Economic Revitalization Roll (SARA)                   $   36,011.52

Accounts Receivable Roll                                                                 $   52,197.38

TOTAL SPECIAL ASSESSMENT ROLL                                         $ 129,813.47

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2008 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

QUARTERLY FINANCIAL STATEMENT  (MARCH 31, 2008)

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

 

RESOLVED, that the quarterly operating statements of the City of Midland, for the quarter ended March 31, 2008, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-08-05

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

 

RESOLVED, that Traffic Control Order No. P-08-05 filed March 20, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited at the first parking stall located on the west side of Fitzhugh Street immediately south of an existing mid-block handicap ramp to accommodate a loading zone.

is hereby made permanent.  (Motion ADOPTED.)

 

DONATION FOR IMPROVEMENTS TO REDCOAT COMPLEX & EMERSON PARK

Recreation Manager Marcie Post presented information on donations from the Midland Redcoats and the Midland Softball Association for improvements at the Redcoat Complex and Emerson Park.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the Midland Redcoats has offered to donate $40,000 and the Midland Softball Association has offered to donate approximately $18,216 for paving, tiling, dugout fencing, landscaping and a memorial pavilion at Redcoats Complex as well as a PA system at Emerson Park; and

WHEREAS, the Parks and Recreation Commission at their meeting of May 6, 2008 unanimously recommended that the City Council accept the generous gifts; now therefore

RESOLVED, that the City Council hereby accepts the Midland Redcoat’s gift and the Midland Softball Association’s gift for improvements at the Redcoat Complex and Emerson Park.  (Motion ADOPTED.)

 

DONATION FOR BATTING CAGES AT OPTIMIST PARK

Recreation Manager Marcie Post presented information on a donation from the Midland Girls Softball League for batting cages to be constructed at Optimist Park. The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, the Midland Girls Softball League has offered to construct and donate $13,445 for batting cages at Optimist Park; and

WHEREAS, the Parks and Recreation Commission at their meeting of May 6, 2008 unanimously recommended that the City Council accept the generous gift; now therefore

RESOLVED, that the City Council hereby accepts the gift of $13,445 for batting cages to be constructed at Optimist Park.  (Motion ADOPTED.)

 

BIKE AND SKATE EVENT ON AUGUST 9

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

 

RESOLVED, that the request from the Friends of the Pere Marquette Rail Trail to conduct a Bike and Skate event on Saturday, August 9, 2008, beginning at 6:30 a.m. utilizing the Rail Trail and Farmers Market area, is hereby approved subject to the following conditions:

  • Obtain Special Event Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Certificate Holder and Additional Insured.  This certificate must be submitted to the City Manager’s Office no less than five days prior to the event.
  • Participants must remain on the Rail Trail and obey all traffic laws.
  • Use of the Rail Trail is non-exclusive and other people may be using the Trail.  Please note that the Farmers Market will be in operation from 7:00 a.m. – 12:00 noon.
  • The earliest that the restrooms will be open will be about 7:15 a.m.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

MAIN STREET SPORTS PUB – TEMPORARY OUTDOOR SERVICE LIQUOR LICENSE

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

 

RESOLVED, that the City Council hereby approves the request by Main Street Sports Pub to conduct the sale of alcohol on that portion of the Main Street right-of-way adjacent to said restaurant on June 21, 2008 during the hours indicated on the LCC Application for Temporary Authorization and the City Clerk is hereby authorized and directed to sign said application.  (Motion ADOPTED.)

 

OSCAR’S RESTAURANT – TEMPORARY OUTDOOR SERVICE LIQUOR LICENSE

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

 

RESOLVED, that the City Council hereby approves the request by Oscars Restaurant to conduct the sale of alcohol on that portion of the Main Street right-of-way adjacent to said restaurant on June 21, 2008 during the hours indicated on the LCC Application for Temporary Authorization and the City Clerk is hereby authorized and directed to sign said application.  (Motion ADOPTED.)

 

RENOVATION OF MUNICIPAL SERVICES ANNEX BUILDING

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

 

WHEREAS, sealed proposals have been advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the structural repair of the Municipal Services Annex Building located at 100 River Street; and

WHEREAS, funding for this project is provided by the Municipal Services Annex Fund; now therefore

RESOLVED, that the low sealed construction bid submitted by Tancor Corporation of Midland, Michigan for the Municipal Services Annex Building structural repair, in the indicated amount of $58,500.00, is hereby accepted.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,500 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $47,250 executed by the Purchasing Agent on May 12, 2008, is hereby approved.  (Motion ADOPTED.)

 

BOOK ORDERING & BOOK PROCESSING SERVICES - LIBRARY

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Company has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2008/2009; now therefore

RESOLVED, that the current contract with Brodart Company for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2008/2009 in an amount not to exceed $300,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

LINTEL MASONRY REPAIRS – WASTEWATER TREATMENT PLANT

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

 

WHEREAS, many of the buildings that  comprise the Wastewater Treatment Plant were constructed in the 1960’s, and are showing signs of deterioration to many of the lintels over the windows and the surrounding masonry; and

WHEREAS, on May 20, 2008 sealed bids were received and opened for Bid No. 3109, Lintel Masonry Repairs, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff has reviewed the bids and determined that the low bid submitted by Tancor Corporation of Midland in the total amount of $38,175.00 for the lintel masonry repairs to the filter, primary tank, and chlorine buildings meets City specifications; and

WHEREAS, funding for the lintel masonry work is budgeted in the 2007/08 Wastewater fund account #590-9120-912.97-65 – Capital Construction Projects; now therefore

RESOLVED, that the bid from Tancor Corporation of Midland in the total amount of $38,175.00 is hereby accepted and a purchase order is authorized for the lintel masonry repairs to the filter, primary tank, and chlorine buildings at the Wastewater Treatment Plant; and

RESOLVED FURTHER, that the City Manager has the authority to approve changes to the purchase order in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

CHANGE ORDER – DELIVERY OF SAND TO LANDFILL

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

 

WHEREAS, the City Landfill uses sand on a regular basis to cover waste at the end of each day, and as onsite backfill material for trenches and drainage for roadbeds at a typical delivered cost of $3.21 per cubic yard; and

WHEREAS, the on-going US-10 construction project requires removal of the current sand base layer, and that material has been made available for delivery to the Landfill at a cost of $2.50 per cubic yard; and

WHEREAS, last month, a total of $20,000.00 was administratively approved for the delivery of 8,000 cubic yards from Fisher Contracting at the rate of $2.50 per cubic yard; and

WHEREAS, staff requests the purchase of an additional 8,000 cubic yards for $20,000.00, bringing the total purchase order to $40,000.00 for current and future needs; and

WHEREAS, funding for the delivery of sand is available in the 2007/08 Landfill account #517-8110-811.93-42 – Grounds Maintenance; now therefore


RESOLVED, that an increase of $20,000.00 to the existing purchase order of $20,000.00 to Fisher Contracting of Midland, bringing the total purchase order to $40,000.00, for the delivery of sand for grounds maintenance and daily waste coverage is hereby authorized.  (Motion ADOPTED.)

 

ZONING PETITON NO. 552

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

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, May 13, 2008 for property located at 4916, 4920 and 5000 North Saginaw Road for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, 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, July 14, 2008, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on June 27, 2008 and to publish said notice on June 28, 2008.

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 AN OFFICE SERVICE ZONING WHERE A REGIONAL COMMERCIAL 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:

Lots 14, 15 and 16 Hedgewood Sub No. 1.

Be, and the same is hereby changed to Office Service.

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.  (Motion ADOPTED.  Considered first reading.)

 

ZONING TEXT AMENDMENT NO. 147A

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 14, 2008, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on June 28, 2008.


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 ORDINANCE BY INCREASING THE ALLOWABLE WALL SIGNAGE FROM 40 SQUARE FEET TO 100 SQUARE FEET IN THE “C” CIRCLE ZONING DISTRICT. 

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:

“C” Circle Zoning District Maximum Wall Signage 100 square feet.

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.  (Motion ADOPTED.  Considered first reading.)

 

EVERGREEN SOLAR, INC. – IFT APPLICATION

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

 

RESOLVED, that an application dated May 30, 2008, was received June 4, 2008, from Evergreen Solar, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within the Eastwick Industrial Park Industrial Development District relating to new real and personal property to build and equip a new manufacturing facility for Evergreen Solar, Inc., consisting of an approximately 31,000 square foot building with outdoor chemical facilities and having a total project cost of $37,030,000, to allow further expansion in the Eastwick Industrial Park Industrial Development District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, June 23, 2008, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

PROPOSED CABLE COMMUNICATIONS FUND 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, June 23, 2008 in the Council Chambers of City Hall on the proposal to amend the 2007-08 Midland Community Television Fund budget to increase expenditures by $17,000 for separation pay for the unanticipated deferred retirement of an employee, and to increase revenues by $17,000 for additional franchise fees that are expected to be received for the year.  (Motion ADOPTED.)

 

NEW BUSINESS:

AMERICAN RED CROSS REQUEST TO USE LAWN NEAR FARMERS MARKET

Assistant City Manager Jack Duso presented information on a request from the American Red Cross to use the lawn area near the Farmers Market on Saturday, June 21, 2008, from 7:30 a.m. until noon to solicit donations to assist the victims of the recent earthquake in China.  The following resolution was then offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the request from the American Red Cross, in partnership with the Tri-City Chinese Association, to use the lawn near the Farmers Market area on Saturday, June 21, 2008, from 7:30 a.m. – 12:00 noon, to solicit donations to assist the victims of the recent earthquake in China, is hereby approved subject to the following conditions:

  • Special Event Sign Procedures must be followed and pedestrian and vehicular vision must not be obstructed.
  • Under Section 16.17 of the city’s Code of Ordinances, it is unlawful to post handbills on or to any public or private structure, tree or pole in the city.  It is also unlawful to place handbills in or upon any vehicle.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk