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 |
Approval
of the minutes of the February 25, 2008 regular meeting was offered by
Councilman McKeag and seconded by Councilman Rokosz. (Motion ADOPTED.)
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.
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 Citys
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
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:
(Motion
ADOPTED.)
No
public comments were made.
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.
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.)
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the City Council has received the recommendation of the City
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.)
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.)
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:
; 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.)
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.)
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.)
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.)
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.)
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.)
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 Councils
appreciation to Mr. Bush for his service on this important Board. (Motion ADOPTED.)
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 Pats 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.)
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
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.)
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.)
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.)
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.)
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
in June 2006, the Citys 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
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
that a public hearing was held by the
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
that a public hearing was held by the
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
that a public hearing was held by the
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.)
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