March 23, 2009

 

A regular meeting of the City Council was held on Monday, March 23, 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.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the March 9, 2009 regular and March 11, 2009 special meetings was offered by Councilman Adams and seconded by Councilman Donker.  (Motion ADOPTED.)

 

CONSUMERS ENERGY UPDATE

City Council received an update from Tom Begin, Consumers Energy Area Manager, on reliability work being done by Consumers Energy.

 

2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the 2009 Sandow Area Sanitary Sewer Improvement Special Assessment District Special Assessment Roll.  A public hearing opened at 7:13 p.m.   The following persons all spoke and requested City Council extend the payment period and/or decrease the percentage rate of the assessment:  Kevin Pelletier, 719 Prairie Creek Drive, Ken Kehrer, 817 Prairie Creek Drive, Ken Compton, 4916 Solomon Road, Dave Moeggenberg, 1302 Glen Road, Holly Haney, 5203 Frantz Drive, Pat Graham, 518 Sandow Road, and Sue Soper, representing the Woodins family at 1517 Glen Road.  The public hearing closed at 7:23 p.m.   The following resolution was then offered by Councilman Donker and seconded by Councilman McKeag:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer  improvements on the "2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $414,720.90 and that the total estimated cost of said improvements is $868,000.00, and the City at large cost is $453,279.10; and

RESOLVED FURTHER, that the amount of said roll shall be divided into fifteen annual installments with interest, one of which is to be collected during the year of 2010, and one during each succeeding year for fourteen years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into fifteen equal annual installments bearing the interest rate of 3.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of fifteen annual installments with interest.  (Motion ADOPTED.  Yeas:  Donker, Johnson, McKeag, Rokosz   Nays:  Adams)

 

PUBLIC COMMENTS

Sam MacCutcheon, 1005 North Street, spoke regarding a recent response call from the Midland Fire Department.

 

CIVIC ARENA AND GOLF COURSE FEES AMENDMENT

Assistant City Manager Jack Duso presented information on amendments to Section 21-70 of Div. 1 of Article II of Chapter 21 – Civic Arena fees and Section 21-71 of Div. 2 of Article II of Chapter 21 – Golf Course fees.  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 Rokosz:

 

ORDINANCE NO. 1671

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

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.  (Ordinance ADOPTED.)

 


GOLF COURSE FEES ORDINANCE AMENDMENT

The following ordinance amending Golf Course fees was offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. 1672

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:

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

 

$250.00

     Course Season Pass Holder (Single)

 

$125.00

     Course Season Pass Holders (Couple)

 

$200.00

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.)

 

FEMA FLOOD INSURANCE RATE MAPS & ENFORCEMENT PROCESS (1st reading)

Planning and Community Development Director Keith Baker presented information on an ordinance amendment adopting the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps and Enforcement Process for the City of Midland.  Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE IX OF CHAPTER 5 THEREOF. 

The City of Midland Ordains:

Section 1.  Article IX of Chapter 5 is hereby added to read as follows:

ARTICLE IX.  FLOODPLAIN MANAGEMENT

Sec. 5-33.  Purpose.  The purpose of this article is to participate in the Federal Emergency Management Agency’s (FEMA’s) National Flood Insurance Program (NFIP) by complying with the program’s applicable statutory and regulatory requirements for the purposes of significantly reducing flood hazards to persons, reducing property damage, reducing public expenditures, and providing for the availability of flood insurance and federal funds or loans within the corporate limits of the city of Midland.

Sec.  5-34.  Declaration of Intent.  The City of Midland shall, in the enforcement and administration of this ordinance, perform the following actions:

a.    Obtain, review, and reasonably utilize flood elevation data available from federal, state, or other sources pending receipt of data from FEMA to identify the flood hazard area and areas with potential flooding.

b.    Ensure that all permits necessary for development in floodplain areas have been issued, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under the floodplain regulatory provisions of Part 31, “Water Resources Protection,” of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

c.    Review all permit applications to determine whether the proposed building sites will be reasonably safe from flooding.  Where it is determined that a proposed building will be located in a flood hazard area or special flood hazard area, the construction code act enforcing agent shall implement the applicable codes according to their terms.

d.    Review all proposed subdivisions to determine whether such proposals are reasonably safe from flooding and to ensure compliance with all applicable floodplain management regulations.

e.    Assist in the delineation of flood hazard areas; provide information concerning uses and occupancy of the floodplain or flood-related erosion areas; maintain flood proofing and lowest floor construction records; and cooperate with other officials, agencies, and persons for floodplain management.

f.     Advise FEMA of any changes in community boundaries, including appropriate maps.

g.    Maintain records of new structures and substantially improved structures concerning any certificates of flood proofing, lowest flood elevation, basements, flood proofing and elevations to which structures have been flood proofed.

h.    Review, on an ongoing basis, all amended and revised FHBSs and Flood Insurance Rates Maps (FIRMs) and related supporting data and revisions thereof and revisions of 44 CFR, Part 60, Criteria for Land Management for Use, and to make such revisions in its floodplain management regulations as may be necessary to continue to participate in the program.

Sec. 5-35.  Definitions.  The NFIP requires that floodplain management regulations must be present and enforced in participating communities and utilize the following definitions which also apply for the purposes of this article:

            Flood or Flooding means:

a.    A general and temporary condition of partial or complete inundation of normally dry land areas from  1) The overflow of inland or tidal waters, 2) the unusual and rapid accumulation or runoff of surface waters from any source, or 3) mudflows; and

b.    The collapse or subsidence of land along the short of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in paragraph (a) (1) of this definition.

Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by FEMA, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designed as Zone A, M, and/or E.  (This is to be included only if FEMA has issued a FHBM for the community.)

Floodplain means any land area susceptible to being inundated by water from any source (See definition of flooding).

Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power that provide standards for the purpose of flood damage prevention and reduction.

Structure means a walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home or manufactured unit.

Sec. 5-36.  Agency Designated.  Pursuant to the provisions of the state construction code (The Stille-Derossett-Hale Single State Construction Code Act, Act No. 230 of the Public Acts of 1972, along with its authorization of the state construction code composed of the Michigan Residential Code and the Michigan Building Code), and in accordance with Section 8b(6) of Act 230, the Public Acts of 1972, as amended, the Building Official of the City of Midland is hereby designated as the enforcing agency to discharge the responsibility of the City of Midland under Act 230, of the Public Acts of 1972, as amended, State of Michigan.  The City of Midland assumes responsibility for the administration and enforcement of said Act throughout its corporate limits.

Sec. 5-37.  Code Appendix Enforced.  Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the City of Midland. 

Sec. 5-38.  Designation of Regulated Flood Prone Hazard Areas.  The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled County of Midland and dated May 4, 2009 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26111C; 0162E, 0164E, 166E, 0168E, 0169E, 0188E, 0252E, 0256E, 0257E, 0276E, 0278E, 0279E and 0283E and dated May 4, 2009 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the “Flood Hazards” section of Table R301.2(1) of the Michigan Residential Code.

Section 2.  This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

CURBSIDE RECYCLING PROGRAM (RECOMMENDATION TO SUSPEND)

Department of Public Services Director Karen Murphy presented a report on a request by Republic Services to renegotiate the curbside recycling contract and set a public hearing to receive public input on the staff recommendation to suspend the program until the recycling commodities market rebounds.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., April 13, 2009 in the Council Chambers of City Hall on the staff recommendation to suspend the curbside recycling program until the recycling commodities market rebounds. (Motion ADOPTED.)

 

REAPPOINTMENT OF INCUMBENTS TO VARIOUS BOARDS AND COMMISSIONS

City Clerk/Community Relations Director Selina Tisdale presented information on reappointing incumbents to boards and commissions and establishing a timeline for filling remaining vacancies.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the city staff has contacted all boards and commissions members whose terms expire June 30, 2009, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2009 for three (3) year terms ending June 30, 2012

Matt Janson, Aviation Advisory Commission, Pilot Reprepresentative

Richard Siemer, Aviation Advisory Commission, Citizen at Large

Nathaniel Woodruff, Aviation Advisory Commission, Pilot Representative

Linda Malekadeli, Cable Access Advisory Commission, MCTV Access User

Mary Laforet, Dial-A-Ride Advisory Commission, handicap representative

Sarah Galt, Library Board, Citizen at Large

Frank Altimore, Parks and Recreation Commission, Citizen at Large

Paula Jurado, Parks and Recreation Commission, Citizen at Large

Diane Brown, Planning Commission, Citizen at Large

Roger Mead, Planning Commission, Citizen at Large

Patrick Sandow, Sewer District Board of Appeals, Citizen at Large

Jacinth Black, West Main Street Historic District Commission, Historical Society Representative
Roy Green, Zoning Board of Appeals, Citizen at Large

Jon Steele, Zoning Board of Appeals, Citizen at Large; and

Charles McFarlane, Board of Review, for a term beginning May 1, 2009 and ending April 30, 2012; and

Gerald Geyer, Local Officers Compensation Commission, for a Citizen at Large term expiring 2016; and

C. Michael Krecek, Sewer District Board of Appeals Midland County Health Department Representative, to replace Chuck Lichon, for tenure of office; and

RESOLVED FURTHER, that city staff is directed to begin disseminating information regarding the remaining boards and commissions vacancies.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. R-09-01

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

 

RESOLVED, that Traffic Control Order No. R-09-01 filed January 20, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the speed limit of Rockwell Drive from Bay City Road to Fisher Road shall be 40 mph.  

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-09-01

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

 

RESOLVED, that Traffic Control Order No. S-09-01 filed January 20, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Hanover Street shall yield to Mt. Vernon Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

FIVE NEW STREETS INTO THE LOCAL STREET SYSTEM (MDOT Act 51 Funding)

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

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

            Commerce Drive                 from east end of existing street to Jefferson Avenue

            Discovery Way                    from Washington Street to Saginaw Road

            Alan Ott Drive                      from Joe Mann Boulevard to Ted Doan Drive

            Ted Doan Drive                   from T. Moore Drive to Jefferson Avenue

            T. Moore Drive                     from Joe Mann Boulevard to East-West Ό Line Section 33

; and

WHEREAS, the centerline of Commerce Drive is described as:  Beginning at a Northeast Corner of Section 33, T. 15 N., R. 2 E.; thence South 89°59’07” West 1393.03 feet, along the North line of said Section 33; thence along a 830.00 foot radius curve to the left having a central angle of 38°50’45” and a long chord bearing and distance of South 70°33’45” West 552.0 feet; thence along a 830 foot radius curve to the right having a central angle of 38°51’59” and a long chord bearing and distance of South 70°34’22” West 552.30 feet; thence North 89°59’39” West 576.46 feet, to the end of existing Commerce Drive and the Point of Ending; and

WHEREAS, the centerline of Discovery Way is described as:  Commencing at the North Ό Corner of Section 22, T.14 N., R. 2 E., City of Midland, Michigan; thence South 00°41’03” West 1065 feet, along the North-South Ό Line, to the Point of Beginning; thence South 88°44’02” East 1244.66 feet; thence Northeasterly 233.08 feet, along the arc of a curve to the left having a chord bearing and distance of North 78°11’57” East 231.06 feet;  thence Northeasterly 233.08 feet, along the arc of a curve to the right having a chord bearing and distance of North 78°11’57” East 231.06 feet;  thence South 88°44’02” East 463.23 feet, to the centerline of Saginaw Road and the Point of Ending; and

WHEREAS, the centerline of Alan Ott Drive is described as:  Commencing at the East Ό Corner of Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; thence South 00°01’00” West 494.86 feet, along the East Section Line, to the centerline of Ted Doan Drive; thence North 89°58’27” West 369.65 feet; thence Southwesterly 266.00 feet, along the arc of a curve to the left having a chord bearing and distance of South 72°03’05” West 261.66 feet; thence Southwesterly 202.65 feet, along the arc of a curve to the right having a chord bearing and distance of South 68°13’26” West 202.60 feet, to the centerline of Alan Ott Drive and the Point of Beginning; thence South 07°37’43” East 76.02 feet; thence Southeasterly 53.11 feet, along the arc of a curve to the right having a chord bearing and distance of South 03°49’30” East 53.07 feet; thence South 00°01’17” East 109.09 feet; thence Southeasterly 115.38 feet, along the arc of a curve to the left having a chord bearing and distance of South 16°32’51” East 113.78 feet; thence South 33°04’25” East 243.10 feet, to the centerline of Joe Mann Boulevard and the Point of Ending; and

WHEREAS, the centerline of Ted Doan Drive is described as:  Commencing at the East Ό Corner of Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; thence South 00°01’00” West 494.86 feet, along the East Section Line, to the Point of Beginning; thence  North 89°58’27” West 369.65 feet; thence Southwesterly 266.00 feet, along the arc of a curve to the left having a chord bearing and distance of South 72°03’05” West 261.66 feet; thence Southwesterly 260.00 feet, along the arc of a curve to the right having a chord bearing and distance of South 72°13’39” West 255.67 feet;  thence North 89°37’18” West 596.98 feet; thence Northwesterly 229.27 feet, along the arc of a curve to the right having a chord bearing and distance of North 70°40’13” West 225.47 feet; thence Northwesterly 234.62 feet, along the arc of a curve to the left having a chord bearing and distance of North 70°42’23” West 230.36 feet; thence North 89°41’39” West 318.81 feet, to the centerline of T. Moore Drive and the Point of Ending; and

WHEREAS, the centerline of T. Moore Drive is described as:  Commencing at the South Ό Corner of Section 33, T. 15 N., R. 2 E., thence North 00°09’17” East 1967.85 feet, along the North-South Ό Line; thence South 89°39’03” East 433.02 feet, to the Point of Beginning, Also being Reference Point A; thence South 00°09’17” West 2.17 feet; thence along the arc of a curve to the right, an arc distance of 76.81 feet, said curve having a radius of 113.00 feet, chord bearing and distance of South 19°37’42” West 75.34 feet, and central angle of 38°56’51”; thence South 39°06’08” West 156.80 feet; to a point on the centerline of Joe Mann Boulevard and the Point of Ending; ALSO, Beginning at Reference Point A; thence North 00°09’17” East 657 feet, to the East-West Ό Line and the Point of Ending; and      

WHEREAS, said streets were constructed and open to traffic prior to December 31, 2008; and

WHEREAS,  it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion ADOPTED.)

 

2009 CLEVELAND AND COLLINS STREET RECONSTRUCTION

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Cleveland Avenue from Haley Street to Cleveland Manor and Collins Street from Ashman Street to Rodd Street; 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 Company of Saginaw, Michigan, for the "2009 Cleveland and Collins Street Reconstruction; Contract No. 3", in the indicated amount of $97,301.00, 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.)

 

2009 BROWN COURT AND SUNCRIST STREET CURB AND PAVEMENT REPLACEMENT

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of damaged curb and pavement on Brown Court and Suncrist Street; and

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

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company, Inc. of Essexville, Michigan, for the "2009 Brown Court and Suncrist Street Curb and Pavement Replacement; Contract No. 14", in the indicated amount of $109,315.25, 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.)

 

HYDRAULIC EXTRICATION EQUIPMENT

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

 

WHEREAS, on February 3, 2009 a quote was received for purchase of hydraulic extrication equipment for the fire department; and

WHEREAS, the Apollo Fire Equipment Company is the sole source for Hurst extrication equipment in Michigan; and

WHEREAS, the quote submitted is within the budget for purchasing the specified equipment; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and the Purchasing Agent is authorized to issue a purchase order in the amount of $24,502 to Apollo Fire Equipment Company for purchase of the required equipment.  (Motion ADOPTED.)

 

SHOPPING AREA REDEVELOPMENT ACT (SARA) ASSESSMENT DISTRICT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the 2009 Downtown Economic Revitalization Public Improvement Program in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement program; and

WHEREAS, the Council finds and determines that said improvements, as before listed, appear to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvements is two (2) years; and

WHEREAS, said public improvements shall constitute one special assessment district to be known as:

“2009 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT

SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

That area located in the Southwest Ό of Section 16, the Southeast Ό of Section 17, the Northwest Ό of Section 21, and the Northeast Ό of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all within the City of Midland, Midland County, Michigan.

; and

WHEREAS, the proposed improvements and work to be done thereunder in said Special Assessment District shall consist of advertising, promotions and events, Christmas decoration rental and contributions toward salary and miscellaneous expenses for the Downtown Director’s office to assist in the revitalization program, and that the total estimated cost and expense thereof is eighty-seven thousand two hundred dollars ($87,200.00); and

WHEREAS, the proportion of the cost and expense of said improvements to be borne and paid for by the City at large, County, and/or DDA shall be zero ($0) and that all other costs and expenses of said revitalization program amounting to seventy-two thousand dollars ($72,000.00) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis;  now therefore

RESOLVED, that the report concerning said improvements is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and that the City Council will meet in the City Hall, 333 W. Ellsworth, on Monday, April 27, 2009, at 7:00 p.m., to hear any objections or suggestions regarding the proposed improvements; and


RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date 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 Public Acts of Michigan 1962.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:57 p.m.

 

 

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            Selina Tisdale, City Clerk