March 10, 2008

 

A regular meeting of the City Council was held on Monday, March 10, 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 February 25, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

SUNSHINE WEEK

Communications Coordinator Libby Richart introduced Rosemary Wilson, Co-President of the League of Women Voters.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition designating March 16-22 as Sunshine Week in Midland. This week, sponsored by the League of Women Voters of the Midland Area, will be devoted to encouraging dialogue about the importance of transparency and openness in government at all levels.  (Motion ADOPTED.)  Mayor Johnson presented Rosemary Wilson with the proclamation naming March 16-22, 2008 as Sunshine Week in the City of Midland.

 

CAROLINA COVE CONDOMINIUM UPDATE

City Attorney James O. Branson, III presented an update on the Carolina Cove Condominium project regarding ordinance compliance.  Robert Meisner, attorney representing a resident of Carolina Cove spoke regarding the City’s management of this case.   Tom McCann, 3310 Jefferson Avenue, spoke regarding the Carolina Cove Development project and Mr. Branson.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City Manager has requested that the City Attorney prepare a report regarding the Carolina Cove Condominium Project; now therefore

RESOLVED, that the City Council hereby accepts the City Attorney’s report regarding the Carolina Cove Condominium Project.  (Motion ADOPTED.)

 

BROWNFIELD REDEVELOPMENT PLAN FOR HOTEL HOLDINGS CINEMA, LLC

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within the City of Midland (the “Brownfield Redevelopment Zone”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; and

WHEREAS, a public hearing was scheduled for Monday, March 10, 2008, but the required public notice did not appear in the newspaper as required by the Act; now therefore

RESOLVED, that:

  1. The public hearing scheduled for March 10 is hereby cancelled due to the failure of the public notice being published in the Midland Daily News and a new public hearing date is necessary to consider said Plan.
  2. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  3. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  4. A public hearing shall be held before the City Council on Monday, the 24th day of March, 2008, at 7:00 p.m., in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  5. In accordance with the provisions of Act 381, the City Clerk shall give notice of the public hearing to each of the taxing jurisdictions that levy taxes on property included in the project subject to capture under Act 381.
  6. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit A, in the Midland Daily News, a newspaper of general circulation in the City of Midland and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk.

(Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

RECREATION PROGRAMS – ORDINANCE AMENDMENTS

Parks and Recreation Director Brett Ireland presented information on the second reading and adoption of ordinances amending fees for recreation programs including Civic Arena fees and Golf Course fees.  Jane Watkins, 2288 N. Woodland Estates Drive, founding member of the Fast Ice Board, expressed her concern the City is not equipped to manage the ice arena and golf course facilities and recommended the City consider hiring a management firm that could optimize usage and promote growth of these facilities.   John Jossi, 5316 Gardenbrook Drive, offered alternate golf course pricing and pass considerations for Council to consider.  The following two ordinance amendments were then presented for consideration.

 

CIVIC ARENA FEES ORDINANCE AMENDMENT

The following ordinance amending Civic Arena fees was offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1650

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

 (1)

Individual Ice Skater – Adult

$      4.00

per session

(2)

Individual Ice Skater – Youth & Senior

$      3.00

per session

(3)

Skating Pass (25 admissions) – Adult

$    85.00

per pass

(4)

Skating Pass (25 admissions) – Youth & Senior

$    65.00

per pass

(5)

Skate Rental

$       2.00

per session

(6)

Rink Rental

$   185.00

per hour

(7)

Rink Rental (M-F, 6:00 a.m. – 2:00 p.m.)

$   135.00

per hour

(8)

Summer Rink Rental

$   185.00

per hour

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

GOLF COURSE FEES ORDINANCE AMENDMENT

The ordinance amending Golf Course fees was offered by Councilman Rokosz and seconded by Councilman McKeag.  Councilman Rokosz moved, seconded by Councilman Donker to change the time of Senior/Youth Restricted Pass from 11:00 a.m. to 3:00 p.m.  The following amended resolution was then presented for consideration:

 

ORDINANCE NO. 1651

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

Currie East Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday

 

$13.50 per play

     Regular weekend

 

$15.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$  9.00 per play

18-hole rate

 

 

     Regular weekday

 

$21.00 per play

     Regular weekend

 

$23.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$15.00 per play

Winter rate

 

 

(November 1 – March 1)

 

$  5.00 per play

Currie West Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday

 

$15.00 per play

     Regular weekend

 

$17.50 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$10.00 per play

18-hole rate

 

 

     Regular weekday

 

$25.00 per play

     Regular weekend

 

$30.00 per play

     Weekend after 2:00 p.m.

 

$24.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$17.00 per play

Winter rate

 

 

(November 1 – March 1)

 

$  5.00 per play

Currie East and Currie West Municipal Golf Courses Season Pass Fees

Dual Unlimited play (East and West Courses)

 

 

     Single season pass

 

$  780.00 per pass

     Couple season pass

 

$1270.00 per pass

Unlimited play - East Course Only

 

 

     Single season pass

 

$  700.00 per pass

     Couple season pass

 

$1140.00 per pass

Dual Senior & Youth restricted play - (East and West Courses Monday through Friday before 3:00 p.m. and after 1:00 p.m. on weekends)

 

 

     Single season pass

 

$560.00 per pass

     Couple season pass

 

$900.00 per pass

Senior & Youth restricted play – (East Course Only Monday through Friday before 3:00 p.m. and weekends after 1:00 p.m.)

 

 

     Single season pass

 

$500.00 per pass

     Couple season pass

 

$800.00 per pass

Dual Family Pass (East and West Courses for Unlimited Family Members under 19 Years)

 

$1450.00 per pass

Family pass (East Course only for Unlimited Family Members under 19 Years)

 

$1300.00 per pass

Power Cart Fees

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $15.00

Cart Lease

 

 

     Single

 

$450.00 per season

     Couple

 

$675.00 per season

Trail Fee (Private carts used only by owner or member of immediate family.)  All other riders must pay a cart rental fee.

 

 

     Season pass

 

$450.00 per pass

     Daily pass

 

$  10.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$6.50 per play

Par 3 – Senior and Youth

 

$4.50 per play

Driving Range Fees

Driving Range

 

 

     Small Basket

 

$5.00

     Large Basket

 

$7.00

Driving Range Season Pass Fees

     Single

 

$200.00

     Course Season Pass Holder (Single)

 

$  50.00

     Course Season Pass Holders (Couple)

 

$  75.00

Junior Golf Program

     Program Fee

 

$50.00 or Youth Restricted Play Pass

Senior is defined as 60 years of age and older.

Youth is defined as under 19 years of age.

Couple is defined as husband and wife.

Family is defined as husband and wife and their children.

Exception:  The Golf Course Manager is authorized with the approval of the City Manager to reduce daily fees on a discretionary basis for the purpose of marketing additional play.

Section 2.   This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 


SITE PLAN NO. 273

The following resolution was 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. 273, the request of Rowe Incorporated on behalf of Greater Midland Community Center for a 14,940 square foot curling club at 2009 Jefferson Avenue on 13.85 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 273 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. 273, contingent upon the following:

      1.   All of the contingencies for Site Plan No. 271 shall remain in effect and in force.

      2.   All exterior building lighting shall adhere to Section 3.12.

      3.   The east elevation of the curling club building (facing Jefferson Avenue) shall be constructed as presented on the attached elevation drawings, with the brick face, as it will be visible from the adjacent residential properties.

(Motion ADOPTED.)

 

EASEMENT FOR TURN-AROUND AT END OF GRANT LANE

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

 

RESOLVED, that the attached Easement Agreement from Midland Public Schools to the City of Midland, for the property needed to construct a permanent turn-around at the west end of Grant Lane in Section 14, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

2008 SIDEWALK IMPROVEMENT PROGRAM

Assistant City Engineer Bradd Maki introduced a resolution directing the City Manager to prepare a report on the 2008 Sidewalk Improvement Program.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

   Wheeler Street (north side)            from Russell Street to Washington Street

   Saginaw Road (south side)            from Dublin Avenue to Main Street

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion ADOPTED.)

 

IFT NO. 2005-022 TIME EXTENSION FOR COMPLETION OF CONSTRUCTION

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

 

WHEREAS, pursuant to Section 15(2) of the Michigan Plant Rehabilitation and Industrial Development Districts Act (Act 198 of the Public Acts of 1974 as amended) the State Tax Commission can authorize a time greater than two (2) years after the effective date of an Industrial Facilities Exemption Certificate (IFT) for good cause; and

WHEREAS, The Dow Chemical Company has requested an extension of time until December 31, 2008 to complete the project identified by IFT No. 2005-022 due to the increased scope of Project DAYTONA; and

WHEREAS, the City Council of the City of Midland finds good cause for this extension has been demonstrated by The Dow Chemical Company; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by The Dow Chemical Company to extend the completion date of the project identified by Industrial Facilities Exemption Certificate No. 2005-022 to December 31, 2008 and revise the ending date on the certificate to December 30, 2020; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to authorize an extension of the completion date of the project identified by Industrial Facilities Exemption Certificate No. 2005-022 to December 31, 2008 and revise the ending date on the certificate to December 30, 2020.  (Motion ADOPTED.)

 

ANNEXATION OF CITY OWNED PROPERTY FROM LARKIN TOWNSHIP

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

 

WHEREAS, the City of Midland is the owner of land described as follows, which is contiguous with the present boundary of the City of Midland:

            Part of the Southeast Ό of Section 28 and part of the Northeast Ό of Section 33, T. 15 N., R. 2 E., Larkin Township, Midland County, Michigan described as:  Beginning at the North Ό Corner of said Section 33, with said Ό corner being S. 89° 59’ 07” W. 2633.53 feet from the Northeast Corner of said Section 33; thence S. 00° 08’ 14” W. 407.06 feet, along the North-South Ό Line; thence South 89° 59’ 39” East 200.09 feet; thence along a 870.00 foot radius curve to the left having a central angle of 38° 51’ 59” and a long chord bearing and distance of N. 70° 34’ 22” E. 578.91 feet;  thence along a 790.00 foot radius curve to the right having a central angle of 38° 50’ 45” and a long chord bearing and distance of N. 70° 33’ 45” E. 525.41 feet;  thence North 89° 59’ 07” East 1392.98 feet, along a line that is 40.00 feet south of and parallel to the North Section Line;  thence North 00° 00’ 58” 40.00 feet, along the East line of Section 33,  to the Northeast Corner of said Section 33 and the Southeast corner of said Section 28;  thence North 00° 06’ 39” East 40.00 feet, along the East line of said Section 28; thence North 89° 59’ 07” West 1393.09 feet, along a line that is 40.00 feet north of and parallel to the South line of Section 28;  thence along a 870.00 foot radius curve to the left having a central angle of 17° 26’ 30” and a long chord bearing and distance of S. 81° 15’ 53” W. 263.82 feet, to the Section line common to said Sections 28 and 33;  thence along a 870.00 foot radius curve to the left having a central angle of 21° 24’ 15” and a long chord bearing and distance of S. 61° 50’ 30” W. 323.12 feet; thence along a 790.00 foot radius curve to the left having a central angle of 38° 51’ 59” and a long chord bearing and distance of S. 70° 34’ 22” W. 525.68 feet; thence North 89° 59’ 39” West 159.91 feet;  thence North 00° 08’ 14” East 327.08 feet, parallel to the North-South Ό Line, to the North Line of said Section 33; thence South 89° 59’ 07” West 40.00 feet, along the North line of said Section 33, to the Point of Beginning.

; now therefore

RESOLVED, that the City of Midland approves the annexation of the described property pursuant to Sec. 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9}; and

RESOLVED FURTHER, that in accord with the provisions of said Act, the City Council of the City of Midland requests the Township Board of the Charter Township of Larkin to take action to complete said annexation.  (Motion ADOPTED.)

 

ANNUAL REVIEW OF LIQUOR LICENSES

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

 

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to submit an annual review of each liquor licensee to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licenses is hereby received and ordered placed on file in the Office of the City Clerk.  (Motion ADOPTED.)

 

2007 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP. ANNUAL REPORT

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2007 Annual Report be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

MCGUIRE – DDA APPOINTMENT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Marty McGuire to the Downtown Development Authority to fill an unexpired term to expire May 1, 2008.  (Motion ADOPTED.)

 

BUSH RESIGNATION – LIBRARY BOARD

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

 

RESOLVED, that the resignation of Stu Bush as a member of the Library Board is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Bush for his service on this important Board.  (Motion ADOPTED.)

 

2008 LEXINGTON & NORWICH STREET RECONSTRUCTION

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

 

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 Lexington Court and Norwich Street and the replacement of the water main on Lexington Court; and

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

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2008 Lexington & Norwich Street Reconstruction; Contract No. 7", in the indicated amount of $232,479.00, 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.)

 

2008 CURB REPAIR AND PAVEMENT PATCHING PROGRAM

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the curb repair and pavement patching of local streets; and

WHEREAS, funding for this project is provided by the Local Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Lois Kay Contracting of Carrollton, Michigan for the "2008 Curb Repair & Pavement Patching Program; Contract No. 14", in the amount of $140,000.00 based upon the bid unit prices 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 any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

ANNUAL PURCHASE OF BITUMINOUS MATERIALS

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

 

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

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

RESOLVED, that the sole proposal meeting City specifications submitted by Saginaw Asphalt of Carrollton, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $39.40 per ton is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 

ANNUAL PURCHASE OF CRUSHED LIMESTONE

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

 

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

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

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Bay Aggregate of Bay City, Michigan for delivering approximately 2,300 tons of 22A Crushed Limestone at a cost of $12.75 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

ANNUAL PURCHASE OF CONCRETE & RELATED MATERIAL

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

 

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

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

RESOLVED, that the sole sealed proposal meeting City specifications submitted by Fisher Sand and Gravel, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their February 26, 2008 response to our Bid No. 3093 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposal and the City specifications.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE ON 02/29/08

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

 

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 13,400 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $43,040.80, executed by the Purchasing Agent on February 29, 2008, is hereby approved.  (Motion ADOPTED.)

 

SOFTWARE MAINTENANCE

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

 

WHEREAS, funds have been budgeted in the 2007-2008 Geographic Information Systems Computer Software maintenance budget for ESRI Maintenance; now therefore

RESOLVED, that City Council authorize the Mayor and City Clerk to execute an agreement with ESRI in the amount of $105,000 for software maintenance to be paid in three annual installments of $35,000.  (Motion ADOPTED.)

 

LANDFILL HYDROGEOLOGIC STUDY PHASE I CHANGE ORDER

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

 

WHEREAS, in June 2006, the City’s Landfill consultants, CTI and Associates, Inc. (CTI) presented to Council a Gas to Energy Feasibility Study which included a recommendation to maximize gas to energy production and revenue at the Landfill by constructing a Type III cell (Construction and Demolition Debris) that would receive non-biodegradable refuse; and

WHEREAS, before a request for MDEQ approval to construct a Type III cell could begin, a Hydrogeologic study of the City-owned property north of the current Cells 14-19 was required to demonstrate the soil structure and identify the upper most groundwater system, or aquifer, as required by landfill regulations; and

WHEREAS, in May 2007, Council authorized CTI to commence the work on the Hydrogeologic study at a total contract amount of $190,264.00; and

WHEREAS, additional drilling and analytical work required by the Michigan Department of Environmental Quality slowed progress and added significant cost to the first phase of the Hydrogeologic study; and

WHEREAS, funding for this multi-year project is budgeted in the 2007/08 Landfill account #517-9120-912.97-65 - Capital Construction Projects; now therefore

RESOLVED, that an increase of $154,810.00 to the existing purchase order amount of $190,264.00 to CTI and Associates, Inc. of Brighton, Michigan, bringing the total purchase order to $345,074.00, to complete a revised plan for the Hydrogeologic study in preparation for a Type III Construction and Demolition Debris cell at the Landfill is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

RIVERFRONT PARK REFINED DESIGN CONTRACT

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

 

WHEREAS, the Midland Downtown Development Authority received proposals for a Downtown Redevelopment and Design Study that was conducted and completed in 2007; and

WHEREAS, Hamilton Anderson Associates Inc. was the selected consultant who successfully completed the Downtown Redevelopment and Design Study; and

WHEREAS, as a result of the study, additional design services have been requested to further refine and detail the proposed redevelopment of the downtown riverfront area; and

WHEREAS, the Downtown Development Authority believes that sealed proposals would be impractical and it would be in the best interest of the City of Midland to continue with Hamilton Anderson Associates Inc. to complete the further design work for the downtown riverfront park project; and

WHEREAS, the Midland Downtown Development Authority has sought a revised proposal and recommends Hamilton Anderson Associates Inc. to complete said design work; and

WHEREAS, a contract has been submitted by Hamilton Anderson Associates Inc. and reviewed by the City Attorney; and

WHEREAS, the Downtown Development Authority is seeking approval of a contract with Hamilton Anderson for the Downtown Midland Riverfront Park Refined Design & Programming study in the amount of $19,600; now therefore

RESOLVED, the Mayor and City Clerk are authorized to execute said contract with Hamilton Anderson Associates in the amount of $19,000 plus expenses not to exceed an additional $600 for the Riverfront Design project. (Motion ADOPTED.)

 

ZONING PETITION NO. 546

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, February 12, 2008 for property located at 4228 Bay City 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, April 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 March 28, 2008 and to publish said notice on March 29, 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 A COMMUNITY COMMERCIAL 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:

Part of the NW Ό of the SE Ό, Sec. 24, T14N R2E, City of Midland, Midland Co., MI, desc. as beg S 89 deg 06 min 00 sec E 411.78’ along the E & W Ό line from the center of said Sec. 24; then cont. S 89 deg 06 min 00 Sec E 380.10’ along the E & W Ό line; then s 01 deg 47 min 35 sec W 149.85’; then along a 2030.00’ radical curve to the left, having a central angle of 04 deg 39 min 01 sec & a chord bear & dist of S 00 deg 31 min 55 sec E 164.71’; then S 02 deg 51 min 26 sec E 92.71’; then N 89 deg 06 min 00 sec W 374.37’; then N 01 deg 48 min 16 sec E 407.05’ to the point of beginning containing 3.04 acres.

Be, and the same is hereby changed to Community Commercial.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ZONING PETITION NO. 547

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, February 12, 2008 for property located at 221 West Wackerly Street 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, April 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 March 28, 2008 and to publish said notice on March 29, 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 A COMMUNITY COMMERCIAL ZONING WHERE AN OFFICE SERVICE 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:

Part of Section 4, T14N R2E, City of Midland, beginning 510 feet west of the northeast section corner; thence south 265 feet; thence west 175 feet; thence north 265 feet; thence east 175 feet to the point of beginning. 

Be, and the same is hereby changed to Community Commercial.

The excluded uses on the above described property shall be:  clubs or lodges, fire stations, parks, public and private libraries, public utility facilities, recycling collection station, taxi and bus dispatch centers, not including storage or repair terminals, restaurant, fast food, commercial printing and publishing establishments, dry cleaners including processing, outdoor sales and display of merchandise, vehicles, boats, trailers, modular homes and other buildings, and swimming pools, outdoor sales of nursery stock, garden supplies and product, radio and television studios and offices, with broadcasting towers, restaurant, bar/lounge, dressmaking/tailoring, hotels, motels, parking structures, auto parts sales, automobile filling station, automobile or vehicle dealership, automobile repair garage, major, automobile repair garage, minor, automobile service stations, automobile wash, muffler sales, tire sales, adult regulated uses, bed and breakfasts, campgrounds and outdoor recreation facilities, commercial amusements, outdoor, theatres as identified on Table 21.1. 

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 PETITION NO. 548

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, February 12, 2008 for property located at 102, 108, 110 and 114 West Buttles Street 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, April 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 March 28, 2008 and to publish said notice on March 29, 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 A DOWNTOWN ZONING WHERE AN OFFICE SERVICE 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 5, 6, 7, 8 and the southwest 25 feet of lot 4, of block 42 of the Original Plat of Midland. 

Be, and the same is hereby changed to Downtown.

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. 146A

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 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 March 29, 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 BUILDING HEIGHT FROM 28 FEET TO 76 FEET IN HEIGHT IN A DOWNTOWN 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:

Downtown Zoning District Maximum Height 76 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.)

 

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

 

 

______________________________________

            Selina Tisdale, City Clerk