July
14, 2008
A
regular meeting of the City Council was held on Monday, July 14, 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 |
Approval
of the minutes of the June 23, 2008 regular meeting was offered by Councilman McKeag
and seconded by Councilman Donker.
(Motion ADOPTED.)
2007 LAW ENFORCEMENT
OFFICER OF THE YEAR
Assistant
City Manager Jack Duso introduced Patrol Officer Dawn Mayer who received the
2007 Law Enforcement Officer of the Year award.
The following resolution was offered by Councilman McKeag and seconded
by Councilman Adams:
RESOLVED,
that the City Council hereby recognizes Midland City Police Officer Dawn Mayer
as the Midland Exchange Club recipient of the 2007 Carl & Esther Gerstacker
Law Enforcement Officer of the Year.
(Motion ADOPTED.)
City
Engineer Brian McManus presented an Engineer’s Report regarding the impacts of
closing Goldenwood Drive and a resolution accepting the report and setting a
public hearing on the proposed closure.
Lola Hess, 5105 Amberwood Court, spoke regarding neighborhood concerns
about this street and the desire for the street closure. Karen Grohol, 5108
Goldenwood, expressed concerns regarding the safety of the roadway as it
currently exists. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Donker:
WHEREAS,
a policy to review requests to close Local Streets was adopted by City Council
on July 24, 2006; and
WHEREAS,
a petition to close Goldenwood Drive, submitted in accordance with said policy, was received by City Council on May
19, 2008 and was forwarded to the City Engineer to develop a report regarding
the feasibility and impacts of closing the street; and
WHEREAS,
the acceptance of said petition establishes that the street closure project
warrants further consideration by City Council and initiates the special
assessment process in accordance with Section 20 of the Code of Ordinances; and
WHEREAS,
a report has been received from the City Engineer presenting the findings with
regard to the impacts of closing Goldenwood Drive; and
WHEREAS,
the City Engineer’s report indicates that a street closure is feasible while
causing minimal
delays in response times for emergency and city services and causing the shift
of low volumes of traffic to neighboring streets; and
WHEREAS,
the City Engineer’s report indicates that the closure will involve installing
two cul-de-sacs and related work at a cost of $56,000 to be paid for by
the property owners of Amberwood
Subdivision; and
WHEREAS,
the City Engineer’s report is in compliance with Section 20 of the Midland Code
of Ordinances and satisfies the requirements to publish a notice of public
hearing; and
WHEREAS,
the public hearing of necessity notice will be sent to those affected by the
street closure and will include, as a minimum, residents and property owners of
Amberwood Court, Goldenwood Drive, Universal Drive, Hedgewood Drive, Stephanie
Street, Candace Drive, Woodland Place Apartments, and Northwind Forest
Apartments; and
WHEREAS, the City Council has reviewed and studied said
report; now therefore
RESOLVED, that the City Council finds that the request to
close Goldenwood Drive meets the
necessary criteria to move the request forward to the public Hearing of
Necessity stage; and
RESOLVED
FURTHER, that the proposed improvement and work shall consist of constructing
two cul-de-sacs, and the total estimated cost and expense thereof is fifty-six
thousand dollars ($56,000); and
RESOLVED FURTHER, that the cost and expense of said
street closure shall be borne by special assessments on all lands and premises
in said Special Assessment District that includes 29 lots within Amberwood
Subdivision on an equal per unit basis as determined by the City Assessor; and
RESOLVED FURTHER, that the City Engineer’s report concerning said street closure is hereby received and shall be placed on
file in the office of the City Clerk and at the Grace A. Dow Memorial Library,
and the same shall be available for public inspection during regular business
hours; and
RESOLVED FURTHER, that the City
Council will meet in the Midland City Hall on Monday, August 11, 2008 at 7:00
p.m., then and there to hear any support, objections or suggestions on the
proposed street closure.
(Motion ADOPTED.)
Planning
and Community Development Director Keith Baker presented Zoning Petition No.
552, a request to rezone property at 4916, 4920 and 5000 N. Saginaw Road from
Regional Commercial to Office Service zoning.
Pat Wilson, Director of Senior Services for the Council on Aging,
responded to Council questions. A public
hearing opened at 8:17 p.m., recognizing no public comments, the hearing closed
at 8:17 p.m. The following ordinance
amendment was then offered by Councilman McKeag and seconded by Councilman
Rokosz:
ORDINANCE NO.
1663
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. (Ordinance ADOPTED.)
Planning
and Community Development Director Keith Baker presented Zoning Text Amendment
No. 147A, a request to increase the allowable wall signage in the “C” circle
zoning district from 40 sq. ft. to 100 sq. ft. David Ginis
representing the Circle Area Business Association, spoke in support of the
zoning text amendment. A public hearing
opened at 8:32 p.m. Speaking in support
of the zoning text amendment were George Swaney,
Amish Reflections; Mark Smith, Smith’s Flowers; and Judy Seaman, The Paper
Place. The public hearing closed at 8:36
p.m. The following ordinance amendment was
then offered by Councilman Adams and seconded by Councilman Rokosz:
ORDINANCE NO.
1664
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 Table 8.2 – On-Premise Advertising Standards 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. (Ordinance ADOPTED.)
Fiscal
Services Director David Keenan presented an amendment to the 2008-09 General
Fund, Major Street Fund, and Debt Service Budgets to account for the bond issue
proceeds, the subsequent tax refund payment to MCV, and the 2008-09 debt
service costs relating to the bonds. A
public hearing opened at 8:45 p.m., recognizing no public comments, the hearing
closed at 8:45 p.m. The following
resolution was offered by Councilman McKeag and seconded by Councilman Adams:
WHEREAS,
in accordance 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 on July 14, 2008 on the proposal to amend the General Fund’s
2008-09 budget to include the receipt of $17,677,757 in Tax Limited General
Obligation Judgment Bond issue proceeds, the related bond issue costs of
$121,743, and the subsequent tax refund payment of $34,139,227 to the Midland
Cogeneration Venture (MCV) as ordered by the Consent Judgment from the Michigan Tax Tribunal dated April 18,
2008 as final resolution of the tax appeal for the tax years 2001 through 2007;
now, therefore
RESOLVED,
that the General Fund’s 2008-09 budget be amended to include the receipt of $17,677,757
in Tax Limited General Obligation Judgment Bond issue proceeds, the related
bond issue costs of $121,743, and the subsequent tax refund payment of
$34,139,227 to the Midland Cogeneration Venture (MCV) as ordered by the Consent Judgment from the Michigan Tax
Tribunal dated April 18, 2008 as final resolution of the tax appeal for the tax
years 2001 through 2007. (Motion
ADOPTED.)
Ziggy and Stephanie Kozicki,
27 Burrell Court, spoke regarding sidewalk and pathways being obstructed from
public use by brush, tree limbs and snow.
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 282 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. 282, 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 including the
addition of 12 trees and 46 shrubs.
3. All exterior
lighting shall comply with Section 3.12 of the Zoning Ordinance including the submission
of a photometric plan for the new parking lot expansion.
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 be
delineated by the “box” style striping.
6. All roof
or ground mounted mechanical equipment shall be screened in accordance with
Section 6.02(E)2 of the Zoning Ordinance.
(Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the City Council has received the recommendation of the City
WHEREAS,
the City Council has reviewed the proposed Site Plan No. 283 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. 283, 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 be
delineated by the “box” style striping.
6. The
location, access and flow of the proposed fire hydrants and water service shall
be in accordance with the City of Midland Fire Department and City of Midland
Utility Department specifications.
(Motion ADOPTED.)
The following resolution was offered by Councilman
McKeag and seconded by Councilman Donker:
WHEREAS,
a written request has been received from John Rapanos, proprietor of Broadhead
Estates Subdivision No. 1, to extend the period of time to complete the
sidewalk within said subdivision; now therefore
RESOLVED,
that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of
the City of Midland, the City Council hereby extends the period of time to
complete the sidewalks within Broadhead Estates Subdivision No. 1 until October
10, 2009. (Motion ADOPTED.)
The following resolution was offered by Councilman
McKeag and seconded by Councilman Donker:
WHEREAS,
a written request has been received from John Rapanos, proprietor of Broadhead
Estates Subdivision No. 2, to extend the period of time to complete the
sidewalk within said subdivision; now therefore
RESOLVED,
that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of
the City of Midland, the City Council hereby extends the period of time to
complete the sidewalks within Broadhead Estates Subdivision No. 2 until July
25, 2009. (Motion ADOPTED.)
Planning and Community Development Director Keith
Baker presented a request for a two-year extension of time for the completion
of sidewalks in Scenic Estates Subdivision No. 6. The following resolution was offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
a written request has been received from John Rapanos, proprietor of Scenic
Estates Subdivision No. 6 to extend the period of time to complete the sidewalk
within said subdivision; now therefore
RESOLVED,
that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of
the City of Midland, the City Council hereby extends the period of time to
complete the sidewalks within Scenic Estates Subdivision No. 6 until December
18, 2009, conditioned upon receipt of a financial guarantee in an amount
determined by the City Engineer equal to the estimated cost for installation of
the remaining sidewalk, valid for a period of one year beyond the date of
required completion of the sidewalk; and
RESOLVED
FURTHER, that if a new financial guarantee is not provided by July 25, 2008,
the City Council authorizes staff to proceed with having all
of the remaining sidewalk in Scenic Estates No. 6 installed this
construction season at the petitioner’s expense. (Motion ADOPTED. Yeas:
Adams, McKeag, Rokosz Nays: Donker, Johnson)
The following resolution was offered by Councilman
McKeag and seconded by Councilman Donker:
WHEREAS,
a written request has been received from Keith Schroeder, President of
Schroeder Builders, Inc., proprietor of Countryside Estates Subdivision No. 2,
to extend the period of time to complete the sidewalk within said subdivision;
now therefore
RESOLVED,
that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of
the City of Midland, the City Council hereby extends the period of time to
complete the sidewalks within Countryside Estates Subdivision No. 2 until
February 13, 2010 conditioned upon receipt of a financial guarantee in an
amount determined by the City Engineer equal to the estimated cost for
installation of the remaining sidewalk, valid for a period of one year beyond
the date of the required completion of the sidewalk; and
RESOLVED
FURTHER, that if a new financial guarantee is not provided by
The following resolution was offered by Councilman
McKeag and seconded by Councilman Donker:
WHEREAS,
pursuant to Rule 54(1) of the Administrative Rules of the State Tax Commission,
if the final cost of a project will be greater by more than 10% of the
estimated amount on the application, a certificate holder shall request that
the local governmental unit approve the revised cost; and
WHEREAS,
Dow Corning Corporation was issued Industrial Facilities Tax Exemption
Certificate No. 2006-097 which has a real property component of $31,493 and a
personal property component of $4,468,507; and
WHEREAS,
Dow Corning now knows the final cost of this project and that some of the
assets originally classified as personal property were in fact real property;
and
WHEREAS,
Dow Corning has requested the City Council approve a change in the real and
personal property components of Industrial Facilities Tax Exemption Certificate
No. 2006-097; now therefore
RESOLVED,
that the City Council of the City of Midland does hereby approve the request by
Dow Corning to increase the real property component of Industrial Facilities
Tax Exemption Certificate No. 2006-097 from $31,493 to $66,493 and decrease the
personal property component from $4,468,507 to $4,433,507; and
RESOLVED
FURTHER, that the City Council of the City of Midland does hereby request the
State Tax Commission to issue a revised certificate to Dow Corning based on the
revised real and personal property cost.
(Motion ADOPTED.)
The following resolution was offered by Councilman
McKeag and seconded by Councilman Donker:
WHEREAS,
pursuant to Rule 54(1) of the Administrative Rules of the State Tax Commission,
if the final cost of a project will be greater by more than 10% of the
estimated amount on the application, a certificate holder shall request that
the local governmental unit approve the revised cost; and
WHEREAS,
Dow Corning Corporation was issued Industrial Facilities Tax Exemption
Certificate No. 2006-445 which has a real property component of $45,000 and a
personal property component of $1,239,500; and
WHEREAS,
Dow Corning now knows the final cost of this project and that some of the
assets originally classified as personal property were in fact real property;
and
WHEREAS,
Dow Corning has requested the City Council approve a change in the real and
personal property components of Industrial Facilities Tax Exemption Certificate
No. 2006-445; now therefore
RESOLVED,
that the City Council of the City of Midland does hereby approve the request by
Dow Corning to increase the real property component of Industrial Facilities Tax
Exemption Certificate No. 2006-445 from $45,000 to $182,000 and decrease the
personal property component from $1,239,500 to $1,102,500; and
RESOLVED
FURTHER, that the City Council of the City of Midland does hereby request the
State Tax Commission to issue a revised certificate to Dow Corning based on the
revised real and personal property cost.
(Motion ADOPTED.)
Assistant City Manager Jack Duso presented a
recommendation for a new resort economic development Class C liquor license to
be located at 1300 Currie Parkway. The
following resolution was then offered by Councilman McKeag and seconded by
Councilman Donker:
It is
the consensus of this legislative body that the application be: recommended for
issuance. (Motion ADOPTED. Yeas:
Donker, Johnson, McKeag, Rokosz
Nays: Adams)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the request from Debra Miller, Chair, Special Events Committee of the
Circle Business Association, to hold Sidewalk Sale Days throughout the Circle
district from July 24 – 26, 2008, utilizing the public right-of-way, and to
place ground signs in each quadrant of the Circle to guide customers to the
event and canopy tents in front of some businesses, is hereby approved subject
to the following conditions:
;and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the request from the Humane Society of Midland County to use the lawn area
outside of the Farmers Market area during the hours of the Farmers Market and
Tunes by the Tridge for the remainder of the 2008 season to inform the public
about themselves and their goals and to distribute fliers, is hereby approved
subject to the following conditions:
;and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for the reconstruction and resurfacing of all of Dartmoor Place and Baldwin Street, and Valorie
Lane from Sturgeon Avenue to St. Marys Drive; and
WHEREAS,
funding for this project is provided by the Local Street Fund; now therefore
RESOLVED,
that the low sealed proposal submitted by McGuirk
Sand & Gravel, Inc. of Mt. Pleasant, Michigan, for the "2008 Dartmoor, Valorie and Baldwin
Street Reconstruction; Contract No. 8", in the indicated amount of
$185.922.90, based upon City estimated quantities is hereby accepted and the
Mayor and the City Clerk are authorized to execute a contract therefore in
accord with the proposal and the City's specifications; and
RESOLVED
FURTHER, that the City Manager has the authority to approve change orders
modifying or altering this contract in an aggregate amount not to exceed
$20,000. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
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 13,398 gallons of diesel fuel from C. F. Fick
& Sons of Grayling, Michigan for $52,828.31 executed by the Purchasing
Agent on June 27, 2008, is hereby approved.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the Landfill is currently at the end of its three-year lease of a Hyundai
R290LC-7 hydraulic track excavator, and the Landfill has continued need for an
excavator to load trucks, dig out frozen roll-off dumpsters, stockpile daily
cover sand and contaminated soils, excavate waste, manage concrete and asphalt
rubble stockpiles, and maintain storm drainage on-site; and
WHEREAS, through the cooperative
State of Michigan bid process, which includes a
32% discount, staff has solidified an annual lease price of $36,696.24
for a three-year lease ($110,088.72 total
lease) of a John Deere 240D hydraulic track
excavator from the JDE Equipment Company (JDE), of Traverse City; and
WHEREAS,
staff has examined the specifications and believes the John Deere 240D excavator unit offered by JDE to be suitable for
the Landfill’s intended purposes; and
WHEREAS,
the 2008/09 Landfill budget contains the necessary funding for first year lease
payment of $36,696.24 in account #517-8110-811.94-11 - Equipment Rental, while
funding for subsequent fiscal years will be requested in those budgets; now
therefore
RESOLVED,
that the low compliant bid obtained from the cooperative State of Michigan bid
process from JDE Equipment Company, of Traverse City in the amount of
$36,696.24 per year for a three-year lease ($110,088.72
total lease) of one John Deere 240D hydraulic
track excavator at the City of Midland Landfill is accepted, and a
purchase order for annual lease payments is hereby authorized. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by Councilman
Donker:
WHEREAS,
the Water Treatment Plant (WTP) has over 100,000 square feet of floor space
that is cleaned and maintained, including open and treatment areas of the
plant, office spaces, the laboratory, shop area, locker rooms, and restrooms; and
WHEREAS,
for the past 14 years WTP staff have been pleased with the reliability,
commitment, and cost-effective service that the Arnold Center of Midland
special needs employees have provided, and would like to continue that business
relationship; and
WHEREAS,
the new rate requested is $2,243.22 per month for a total annual cost of
$26,918.64, representing a 2.9% increase over the prior year; and
WHEREAS,
funds are available for said purpose in the 2008/09 Water Fund account
#591-8272-821.93-04 – Repairs & Maintenance / Janitorial Service; now
therefore
RESOLVED,
that in accord with Section 2-18 of the Code of Ordinances, the requirement for
sealed proposals is hereby waived, and a purchase order is authorized for the
Arnold Center of Midland in an amount not to exceed $26,918.64. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
during manhole data collection as part of the City’s Global Information System
(GIS) implementation, staff identified numerous manholes throughout the City
and downtown area that are in need of rehabilitation; and
WHEREAS,
staff observed some deterioration of the block and mortar due to age and/or
hydrogen sulfide (H2S), which is a corrosive acid created from the
decomposition of the sewage, and determined that the manholes could be
rehabilitated without the use of excavation and replacement; and
WHEREAS,
in August 2004, Advanced Underground Inspections, LLC of Detroit was awarded
the bid to provide for the reconstruction of sanitary manholes at specified
unit prices, and has agreed to extend the unit costs to provide the necessary
work to rehabilitate approximately 65 identified sanitary manholes in the
downtown area of the City; and
WHEREAS,
funding for the rehabilitation work is available in the 2008/09 Wastewater fund
account #590-9120-912.97-65 – Capital Construction Projects; now therefore
RESOLVED, that a purchase order is
authorized in an amount of $100,000.00 to Advanced Underground Inspections,
LLC, based on previously bid unit costs, are hereby accepted for the
rehabilitation of approximately 65 sanitary manholes; and
RESOLVED
FURTHER, the City Manager has the authority to approve change orders modifying
or altering this purchase order in an aggregate amount not to exceed $5,000. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
Joan Dukarski submitted a request for a conditional use
permit review and approval for a group child day care in a Residential A-1
Zoning District at 809 East Sugnet Road on 0.25 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
RESOLVED,
that notice is hereby given that a public hearing will be held by the City
Council on August 11, 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 July 25, 2008 and to
publish said notice on July 26, 2008. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
Midland Country Club submitted a request for a conditional use permit review
and approval for the construction of a new clubhouse and pool in a Residential
A-1 Zoning District at 1120 West St. Andrews Road on 116.14 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
RESOLVED,
that notice is hereby given that a public hearing will be held by the City
Council on August 11, 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 July 25, 2008 and to
publish said notice on July 26, 2008. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
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, August 11, 2008, in
the Council Chambers of City Hall on the proposal to amend the 2008/09 Landfill
Fund budget to increase appropriations by $50,000.00 from working capital for
the purchase of real property at 4594 East Wheeler Road. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
on May 28, 2008 a Freedom of Information Act request was submitted to the City
Clerk; and
WHEREAS,
on June 3, 2008 the Freedom of Information Act request was granted, in part,
and denied, in part, by the City
WHEREAS,
on July 10, 2008 the Freedom of Information Act denial appeal was received by
the City Clerk’s office; now therefore
RESOLVED, that in accordance with the Freedom
of Information Act, the
Being
no further business the meeting adjourned at 9:25 p.m.
______________________________________
Selina Tisdale, City