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 |
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.)
City
Council received an update from Tom Begin, Consumers Energy Area Manager, on
reliability work being done by Consumers Energy.
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)
Sam
MacCutcheon, 1005 North Street, spoke regarding a recent response call from the
Midland Fire Department.
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.
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.)
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.)
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
Agencys (FEMAs) National Flood Insurance Program (NFIP) by complying with the
programs 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.)
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.)
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
RESOLVED,
that the
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.)
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.)
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.)
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:
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°5907 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°5045 and a long chord bearing and distance
of South 70°3345 West 552.0 feet; thence along a 830 foot radius curve to the
right having a central angle of 38°5159 and a long chord bearing and distance
of South 70°3422 West 552.30 feet; thence North 89°5939 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°4103 West 1065 feet, along the North-South Ό Line, to the
Point of Beginning; thence South 88°4402 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°1157 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°1157 East 231.06 feet; thence South 88°4402 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°0100 West 494.86 feet, along the East Section Line, to the
centerline of Ted Doan Drive; thence North 89°5827 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°0305 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°1326 West 202.60 feet, to the centerline of Alan Ott
Drive and the Point of Beginning; thence South 07°3743 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°4930 East 53.07 feet; thence South
00°0117 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°3251 East
113.78 feet; thence South 33°0425 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°0100 West 494.86 feet, along the East Section Line, to the
Point of Beginning; thence North
89°5827 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°0305 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°1339 West 255.67
feet; thence North 89°3718 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°4013 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°4223 West 230.36 feet; thence North
89°4139 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°0917 East
1967.85 feet, along the North-South Ό Line; thence South 89°3903 East 433.02
feet, to the Point of Beginning, Also being Reference Point A; thence South
00°0917 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°3742 West 75.34 feet, and central angle of
38°5651; thence South 39°0608 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°0917 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.)
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.)
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.)
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
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
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 Directors 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
Assessors 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.
______________________________________
Selina
Tisdale, City