March 9, 2009
A
regular meeting of the City Council was held on Monday, March 9, 2009, 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.
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Councilmen present: |
Thomas Adams, Maureen Donker, Bruce Johnson,
Hollis McKeag, Joseph Rokosz |
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Councilmen
absent: |
None |
Approval
of the minutes of the February 23, 2009 special and regular and March 4, 2009
special meetings was offered by Councilman McKeag and seconded by Councilman
Donker. (Motion ADOPTED.)
Planning
and Community Development Director Keith Baker presented revisions to the City
of Midland Zoning Ordinance No. 1585. A
public hearing opened at 8:40 p.m., recognizing no public comments, the hearing
closed at 8:40 p.m. The following
ordinance amendment was then offered by Councilman McKeag and seconded by
Councilman Donker:
ORDINANCE NO. 1670
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.
The City of Midland Ordains:
Section 1. That sections 2, 3,
3.01J, 3.10, 3.16, 5, 8, 8.05, 21, 21.1, 27, 27.02(c), 27.04, 31 and Tables
3.2, 21.1 of the Zoning Ordinance being Ordinance No. 1585 of the City of
Midland are hereby amended to read as follows.
(see packet for full text)
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conflict herewith are hereby repealed only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.)
City
Engineer Brian McManus presented the 2009 Sandow Area Sanitary Sewer
Improvement project.
A public hearing opened at 7:40 p.m. Speaking
in favor of the project were: David
Moeggenberg, 1302 Glen Road; Kenneth Compton, 4916 Solomon Road; Keith Walser,
1412 Glen Road. Speaking in opposition
to the project was: Janice Bradley,
representing her mother-in-law who resides at 1122 Sandow Road. The public hearing closed at 7:58 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Adams:
WHEREAS, the City Council has given
due notice of its intention to install sanitary sewers in certain streets, said
improvement being more particularly described in a resolution dated February
16, 2009, said streets being:
SANDOW
ROAD from Isabella
Road to 205 feet north of Solomon Road
PRAIRIE
CREEK DRIVE from Sandow Road to
Sandow Road
ELMER
ROAD from
Sandow Road to Glen Road
GLEN
ROAD from
Elmer Road to Solomon Road
SOLOMON
ROAD from Sandow Road to
Glen Road
and has heretofore established one
special assessment district designated:
“2009
SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”
in conjunction with said improvement
and has heretofore given due notice it would meet on Monday, March 9, 2009, for
the purpose of hearing and considering any objections or suggestions on the
necessity of the proposed improvement; and
WHEREAS, the City Council has met
pursuant to said notice on said day at the time specified in said notice and
has heard and considered all objections and suggestions to the proposed
improvement; now therefore
RESOLVED, that the Council finds and
determines that the installation of sanitary sewers on Sandow Road, Prairie
Creek Drive, Elmer Road, Glen Road and Solomon Road are necessary public
improvements, conducive to the public health and general welfare of the people
of the City of Midland, and that the Council proceed forthwith to make said
improvement in accordance with the report of the City Manager, and the
assessment district heretofore adopted for the same; and
RESOLVED FURTHER, that the detailed
estimate of cost of said improvement is hereby approved in the amount of eight
hundred sixty-eight thousand dollars ($868,000.00) and the proportion of the
cost and expense to be borne and paid by the City at large shall be four
hundred fifty-three thousand two hundred seventy-nine and 10/100 dollars
($453,279.10) and that all other costs and expenses of said improvement
amounting to four hundred fourteen thousand seven hundred twenty and 90/100
dollars ($414,720.90) shall be borne and paid by special assessment on all
lands and premises in said 2009 Sandow Area Sanitary Sewer Improvement Special
Assessment District heretofore established and approved; and
RESOLVED FURTHER, that the City
Assessor of said City be and hereby is directed to prepare and report to the
City Council a special assessment roll for the:
“2009
SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”
as heretofore established by the
Council, and to assess and levy upon the several lots and premises in said
district said sums of money in proportion to the estimated benefits resulting
thereto from said improvement, computed as near as practicable on a front foot basis. (Motion ADOPTED.)
City
Assessor Reid Duford presented the Special Assessment Roll for the 2009 Sandow
Area Sanitary Sewer Improvement Special Assessment District and information scheduling
a public hearing on the Roll for March 23, 2009. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Donker:
WHEREAS,
pursuant to the direction of the City Council, the City Assessor of said City
of Midland has prepared and reported to the City Council the Assessment Roll
covering and containing the proposed Special Assessments assessed and levied,
respectively in the “2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer
Improvement in said district, as designated in Resolutions heretofore adopted
by the City Council; now therefore
RESOLVED,
that the said Roll be accepted by the City Council and that it be filed in the
office of the City Clerk for public examination, and that the City Clerk be and
is hereby directed to give notice pursuant to the Ordinance that the Assessment
Roll has been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Midland will meet at the
Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the
twenty-third day of March, 2009, to review said Special Assessment Roll at
which time and place, opportunity will be given to all persons interested to be
heard; and
RESOLVED
FURTHER, that the City Clerk give notice of said hearing by causing a copy of
this Resolution to be published once in the Midland Daily News at least ten
days prior to the date of the twenty-third day of March, 2009, and that the
City Clerk also give notice of said hearing by letter to each property owner
subject to Special Assessment by reason of said improvement, the addresses of
said property owners to be taken from the latest Tax Assessment Roll in the
City Assessor’s Office in accordance with Act 162 of the Public Acts of
Michigan of 1962. (Motion ADOPTED.)
There
were no public comments made.
Assistant
City Manager Jack Duso presented information on ordinance amendments to Section
21-70 of Division 1 of Article II of Chapter 21 – Civic Arena fees and Section
21-71 of Division 2 of Article II of Chapter 21 – Golf Course fees. The following two ordinance amendments were
then presented for consideration.
Introduction
and first reading of the following ordinance amendment was offered by
Councilman McKeag and seconded by Councilman Adams:
ORDINANCE NO. _____
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 |
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|
(2) |
Individual
Ice Skater – Youth & Senior |
$ 3.00 |
per
session |
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|
(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 |
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|
(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 |
EXCEPTION: THE CIVIC
ARENA MANAGER IS AUTHORIZED WITH THE APPROVAL OF THE CITY MANAGER TO REDUCE ICE
RENTAL RATES ON A DISCRETIONARY BASIS FOR THE PURPOSE OF MARKETING ADDITIONAL
ICE RENTAL.
Section 2. This
Ordinance shall take effect upon publication.
(Motion ADOPTED. Considered first reading.)
Introduction
and first reading of the following ordinance amendment was offered by
Councilman McKeag and seconded by Councilman Donker:
ORDINANCE NO. ______
AN
ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY
AMENDING SECTION 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:
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Currie East Municipal Golf Course
Daily Fees |
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9-hole rate |
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Regular weekday |
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$13.50 per
play |
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Regular weekend |
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$15.00 per
play |
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Senior & Youth weekday (7:00 a.m. –
3:00 p.m.) |
|
$ 9.00 per play |
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18-hole
rate |
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Regular weekday |
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$21.00 per
play |
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Regular weekend |
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$23.00 per
play |
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Senior & Youth weekday (7:00 a.m. –
3:00 p.m.) |
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$15.00 per
play |
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Winter rate |
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|
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(November 1
– March 1) |
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$ 5.00 per play |
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Currie West Municipal Golf Course
Daily Fees |
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9-hole rate |
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|
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Regular weekday |
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$15.00 per
play |
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Regular weekend |
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$17.50 per
play |
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Senior & Youth weekday (7:00 a.m. –
3:00 p.m.) |
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$10.00 per
play |
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18-hole
rate |
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|
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Regular weekday |
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$25.00 per
play |
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Regular weekend |
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$30.00 per
play |
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Weekend after 2:00 p.m. |
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$24.00 per
play |
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Senior & Youth weekday (7:00 a.m. –
3:00 p.m.) |
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$17.00 per
play |
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Winter rate |
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|
|
(November 1
– March 1) |
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$ 5.00 per play |
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Currie East and Currie West
Municipal Golf Courses Season Pass Fees |
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Dual
Unlimited play (East and West Courses) |
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Single season pass |
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$ 780.00 per pass |
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Couple season pass |
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$1270.00
per pass |
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Unlimited
play - East Course Only |
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Single season pass |
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$ 700.00 per pass |
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Couple
season pass |
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$1140.00
per pass |
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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) |
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Single season pass |
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$560.00 per
pass |
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Couple season pass |
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$900.00 per
pass |
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Senior
& Youth restricted play – (East Course Only Monday through Friday before
3:00 p.m. and weekends after 1:00 p.m.) |
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|
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Single season pass |
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$500.00 per
pass |
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Couple season pass |
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$800.00 per
pass |
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Dual Family
Pass (East and West Courses for Unlimited Family Members under 19 Years) |
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$1450.00
per pass |
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Family pass
(East Course only for Unlimited Family Members under 19 Years) |
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$1300.00
per pass |
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Power Cart Fees |
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9 Holes per person |
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Not to
exceed $ 9.00 |
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18 Holes per person |
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Not to
exceed $15.00 |
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Cart Lease |
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|
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Single |
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$450.00 per
season |
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Couple |
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$675.00 per
season |
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Trail Fee
(Private carts used only by owner or member of immediate family.) All other riders must pay a cart rental
fee. |
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|
|
Season pass |
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$450.00 per
pass |
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Daily pass |
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$ 10.00 per pass |
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Par Three Course Daily Fees |
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Par 3 –
Regular |
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$6.50 per
play |
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Par 3 –
Senior and Youth |
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$4.50 per
play |
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Driving Range Fees |
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Driving
Range |
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Small Basket |
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$5.00 |
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Large Basket |
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$7.00 |
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Driving Range Season Pass Fees |
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Single |
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Course Season Pass Holder (Single) |
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Course Season Pass Holders (Couple) |
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Junior Golf Program |
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Program Fee |
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$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.
(Motion ADOPTED. Considered first reading.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the attached Easement Agreement from Alpine Midland, LLC, to the City of
Midland, for public water mains on their private SpringHill Suites site on T.
Moore Drive in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the
Easement Agreement is ordered recorded.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the attached Easement Agreement from Hotel Holdings Cinema, LLC, to the
City of Midland, for public water mains on their private Holiday Inn site on
Cinema Drive in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the
Easement Agreement is ordered recorded.
(Motion ADOPTED.)
SHOPPING
AREA REDEVELOPMENT DISTRICT
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the City Manager is directed to prepare a preliminary report (including
dollar estimates, life of improvements, description of district, plans,
specifications and diagrams) on the request for the establishment of the
2009/10 – 2010/11 Special Assessment District for the Shopping Area
Redevelopment District. (Motion ADOPTED.)
City
Engineer Brian McManus presented a resolution directing the City Manager to
prepare a report on the 2009 Sidewalk Improvement Program. Lois DeBrosse and Chris Peeler, Midland
Regional Interagency Consumer Committee, spoke in favor of the requested
sidewalk on Joe Mann Boulevard. Judy
Richardson, 5107 Grandview Circle, spoke in favor of the Jefferson Avenue
sidewalks and Kelly Cone, 5406 Vandemere Street, spoke in favor of the
sidewalks on Dublin Avenue. The
following resolution was then offered by Councilman Adams 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:
Jefferson
Avenue (west side) from US-10 to Chemical Bank sidewalk
; 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. Yeas:
Adams, Donker, Johnson, McKeag Nays:
Rokosz)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the City Council of the City of Midland herewith approves the annexation
of the following described property to the City of Midland:
IN SECTION 31, T15N R2E, COMMENCING AT
THE NW CORNER OF THE SW ¼ OF THE NE ¼ SECTION 31; THENCE EAST 118 FEET; THENCE
SOUTH 208 FEET; THENCE WEST 118 FEET; THENCE NORTH 208 FEET TO THE PLACE OF
BEGINNING.
pursuant
to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended
{MSA 5.2088; MCLA 117.9} as a result of
a similar petition filed both with the City of Midland and the Township of
Larkin by the property owner which hold 100 percent of the record legal title
to said property, and upon which no qualified electors, other than the
petitioners, presently reside, with said annexation to the City of Midland to
be accomplished upon the passage of a similar resolution by the Township Board
of the Township of Larkin; and
RESOLVED
FURTHER, that the Planning Department shall forward a copy of this resolution
to the Office of the Great Seal in the Secretary of State’s Office, and the City
Clerk shall forward a copy to the Midland County Clerk. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
RESOLVED,
that the attached Parks Rules and Regulations adopted June 2, 1975, pursuant to
Section 17-9 of the Code of Ordinances with a revision date of March 9, 2009
are hereby approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS,
the Michigan Department of Transportation (MDOT) proposes maintenance
agreements with the City of Midland for five (5) new or upgraded State trunk
line signalized locations in the City of Midland; and
WHEREAS,
the said maintenance agreements require a City cost share; and
WHEREAS,
the estimated total combined annual city cost to maintain these signalized
intersections does not exceed $1,500; and
WHEREAS,
the City will be billed by the State only for actual work performed; and
WHEREAS,
the City Attorney has reviewed the maintenance agreements; and
WHEREAS,
any necessary maintenance charges from MDOT will be provided by the Major
Street Maintenance Fund; now therefore
RESOLVED,
that MDOT Cost Agreements for Traffic Signal Control are hereby accepted, and
the Mayor and City Clerk are authorized to sign the agreements on behalf of the
City of Midland. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, the Wastewater Treatment
Plant’s main pump house was put into service in 1972, and made primarily of
brick and reinforced concrete; and
WHEREAS, many years of exposure to
freeze and thaw cycles has resulted in concrete spalling (large chunks breaking
loose) over many parts of the building, exposing corroded reinforcing steel,
while areas in the front of the building need to be reshaped to direct surface
water to the catch basin; and
WHEREAS,
engineering consultants, Stantec Consulting of Michigan, prepared Phase I bid
documents to contract repairs of deteriorated concrete and drainage
improvements around the pump house structure; and
WHEREAS, on February 26, 2009 bids
were opened for Wastewater Treatment Plant Concrete and Masonry Repairs Main
Pump House, Bid No. 3163; and
WHEREAS, the low bid received from
Helger Construction Co. in the amount of $50,800.00 was reviewed by staff and
Stantec Consulting and meets the City’s specifications; and
WHEREAS, funding for this work is
budgeted in the 2008/09 Wastewater fund account #590-9120-912.97-65 – Capital
Construction Projects; now therefore
RESOLVED,
that the low bid received from Helger Construction Co. in the amount of $50,800.00
for repairs of deteriorated concrete and drainage improvements around the
Wastewater Treatment Plant’s pump house structure is hereby accepted and a
purchase order in that amount is authorized; and
RESOLVED FURTHER,
that the City
The
following resolution was offered by Councilman McKeag and seconded by Councilman
Donker:
WHEREAS,
in September 2008, Stantec Consulting of
Michigan completed a report entitled “Wastewater Treatment Plant – Concrete
Repairs” for the City of Midland to identify and review the concrete and
masonry deterioration at various structures throughout the WWTP; and
WHEREAS, the cost of $20,000.00 for the Phase I engineering
consulting services was administratively approved, and includes oversight of
the Wastewater Treatment Plant main pump house repairs, for which the City is
seeking bid approval under a separate Council item; and
WHEREAS,
based on the findings in the report, staff
prioritized the repairs in conjunction with the estimates for construction cost
and now desires that Stantec engineering consulting services be expanded to
provide Phase II detailed design and preparation of bid documents (including
drawings, specifications and front end documents) to repair the deterioration
of various treatment system structures; and
WHEREAS,
staff requests that an increase be made of $44,000.00 to the existing purchase
order to Stantec Consulting of Michigan to
provide Phase II engineering services for repairs to be made to
wastewater treatment system structures; and
WHEREAS,
funds are available in the 2008/09 Wastewater fund budget account 590-9120-912.97-65
– Capital Projects for this purpose; now therefore
RESOLVED, that an increase of
$44,000.00 to the existing purchase order amount of $20,000.00 to Stantec Consulting of Michigan is hereby authorized, bringing the total purchase order to
$64,000.00, to provide Phase II detailed design
and preparation of bid documents for the repair of deterioration to various
wastewater treatment system structures, in accord with Sec. 2-18 of the
Code of Ordinances for the City of Midland.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Donker:
WHEREAS, 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 13,
2009, 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 27, 2009 and to
publish said notice on March 28, 2009.
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 LIMITED
COMMERCIAL, MANUFACTURING AND RESEARCH ZONING WHERE A LINCOLN TOWNSHIP 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:
COMMENCING ON THE EAST AND WEST
QUARTER (1/4) LINE OF SECTION 36, TOWNSHIP FIFTEEN NORTH (T15N), RANGE ONE EAST
(R1E), LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, 659.85 FEET EAST OF THE WEST
QUARTER (1/4) CORNER OF SAID SECTION 36 FOR THE PLACE OF BEGINNING; RUNNING
THENCE SOUTH 330.07 FEET; RUNNING THENCE WEST 659.85 FEET TO THE WEST LINE OF
SAID SECTION 36; RUNNING THENCE SOUTH ALONG SAID WEST LINE 125.2 FEET; RUNING
THENCE EAST 208 FEET; RUNNING THENCE SOUTH 104 FEET; RUNNING THENCE WEST 208
FEET TO THE WEST LINE OF SAID SECTION 36; RUNNING THENCE SOUTH ALONG SAID WEST
LINE 50 FEET; RUNNING THENCE EAST 329.93 FEET; RUNING THENCE SOUTH 396.09 FEET;
RUNNING THENCE WEST 329.93 FEET; RUNNING THENCE SOUTH ALONG THE WEST LINE OF
SAID SECTION 36 TO THE SOUTH ONE-EIGHTH (1/8) LINE OF SAID SECTION 36; RUNNING
THENCE EAST ALONG THE SOUTH ONE-EIGHTH (1/8) LINE OF SAID SECTION 36 TO THE
WEST ONE-EIGHTH (1/8) LINE OF SAID SECTION 36; RUNNING THENCE NORTH ALONG SAID
WEST ONE-EIGHTH (1/8) LINE TO THE EAST AND WEST QUARTER (1/4) LINE OF SAID
SECTION 36; RUNNING THENCE WEST ON THE EAST AND WEST QUARTER (1/4) LINE TO THE
PLACE OF BEGINNING.
ALSO COMMENCING AT THE INTERSECTION OF
THE EAST LINE OF THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼)
OF SAID SECTION 36, AND THE SOUTH LINE OF SAID SECTION 36, THENCE NORTH ON SAID
EAST LINE, A DISTANCE OF 20 RODS TO THE POINT OF BEGINNING; THENCE
NORTHWESTERLY ALONG THE STATE DRAIN TO THE INTERSECTION OF THE NORTH LINE OF
THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION
36, AND THE WEST LINE OF SAID SECTION 36; THENCE EAST ALONG THE NORTH LINE OF
THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 36
TO THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW
¼) OF SECTION 36; THENCE SOUTH ALONG SAID EAST LINE 60 RODS TO THE POINT OF
BEGINNING. EXCEPTING THEREFROM THAT
PARCEL SOLD TO THE STATE OF MICHIGAN FOR HIGHWAY PURPOSES AS SET OUT IN LIBER
238 AT PAGE 459.
Be, and the same is hereby changed to
Limited Commercial, Manufacturing and Research.
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 Donker:
WHEREAS, 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 13,
2009, 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 27, 2009 and to
publish said notice on March 28, 2009.
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
RESIDENTIAL A-1 ZONING WHERE A LARKIN TOWNSHIP 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:
COMMENCING 42.06 RODS NORTH OF THE SOUTHWEST CORNER OF THE
NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, T15N, R2E, THENCE NORTH 5.94
RODS; THENCE NORTH 89 D 52 M EAST 18 RODS; THENCE SOUTH 5.94 RODS; THENCE SOUTH
89 D 52 M WEST 18 RODS TO THE PLACE OF BEGINNING.
Be, and the same is hereby changed to Residential A1.
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
Donker:
WHEREAS, 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 13,
2009, 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 27, 2009 and to
publish said notice on March 28, 2009.
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO.
1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE AN AGRICULTURAL ZONING WHERE A MIDLAND TOWNSHIP 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:
COMMENCING 66 FEET WEST OF THE
NORTHEAST CORNER OF THE WEST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION
12, TOWNSHIP 14 NORTH, RANGE 2 EAST, THENCE WEST 346 FEET; THENCE SOUTH 217
FEET; THENCE EAST 346 FEET; THENCE NORTH 217 FEET TO THE PLACE OF BEGINNING,
EXCEPTING COMMENCING 251.73 FEET EAST OF THE WEST 1/8 CORNER ON THE NORTH LINE
OF SECTION 12, TOWNSHIP 14 NORTH, RANGE 2 EAST, THENCE SOUTH 217 FEET; THENCE
EAST 125 FEET; THENCE NORTH 217 FEET; THENCE WEST 125 FEET TO THE PLACE OF BEGINNING.
Be, and the same
is hereby changed to Agricultural.
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 ordinance was offered by Councilman McKeag and seconded by Councilman
Donker:
RESOLVED, that notice is hereby given
that a public hearing will be held by the City Council on Monday, April 13,
2009, 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 28, 2009.
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 ADDITIONAL PERMITTED USES BY RIGHT TO ARTICLE 22 – LIMITED
COMMERCIAL, MANUFACTURING AND RESEARCH (LCMR) 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:
Medical
and dental offices/ clinics.
Health
spas, physical fitness clubs
Child
care/day care centers
Banks,
savings and loans, investment companies, credit unions, brokerage companies
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 9:45 p.m.
______________________________________
Selina
Tisdale, City