March 11, 2013

 

A regular meeting of the City Council was held on Monday, March 11, 2013, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 25, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GOLF COURSE FEES ORDINANCE AMENDMENT

Assistant City Manager for Financial Services David Keenan presented information on an ordinance amending golf course fees.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

ORDINANCE NO. 1744

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

The City of Midland Ordains:

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

Sec. 21-71.  Golf Course Fees

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

Currie East Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday and weekend

 

$11.50 per play

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

 

$  8.00 per play

     Youth weekday & weekend

 

$  5.00 per play

18-hole rate

 

 

     Regular weekday and weekend

 

$15.00 per play

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

 

$11.00 per play

     Youth weekday & weekend

 

$  9.00 per play

Currie West Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday and weekend

 

$18.00 per play

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

 

$13.00 per play

     Youth weekday & weekend

 

$  8.00 per play

18-hole rate

 

 

     Regular weekday and weekend

 

$30.00 per play

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

 

$22.00 per play

     Youth weekday & weekend

 

$12.00 per play

Currie East and Currie West Municipal Golf Courses Membership Fees

Season Membership privileges good April 1 through October 31


 

East and West Course Unlimited Play

 

 

     Single Season Membership

 

$1,200.00 per Membership

     Couple Season Membership

 

$2,040.00 per Membership

     Senior Single Season Membership

 

$1,050.00 per Membership

     Senior Couple Season Membership

 

$1,785.00 per Membership

     Single Season Membership with Cart

 

$1,700.00 per Membership

     Couple Season Membership with Cart

 

$2,890.00 per Membership

     Senior Single Season Membership with Cart

 

$1,550.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,635.00 per Membership

     Youth 90 Day Unlimited Pass (June 1 – August 31)

 

$   400.00 per Membership

*  East and West Course Members receive:

  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

East Course Only Unlimited play

 

 

     Single season Membership

 

$   850.00 per Membership

     Couple season Membership

 

$1,445.00 per Membership

     Senior Single Season Membership

 

$   750.00 per Membership

     Senior Couple Season Membership

 

$1,275.00 per Membership

     Single Season Membership with Cart

 

$1,350.00 per Membership

     Couple Season Membership with Cart

 

$2,295.00 per Membership

     Senior Single Season Membership with Cart

 

$1,250.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,125.00 per Membership

*    Currie East Members receive:

  • 20% discount on Currie West green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Senior Limited Play:  East Course Only

·       Membership applies to East Course only, Monday through Friday before 12:00 p.m. (Pass not valid for weekday evening leagues)

     Single

 

$   575.00 per Membership

     *Couple

 

$   978.00 per Membership

     Single with Cart

 

$1,075.00 per Membership

     *Couple with Cart

 

$1,828.00 per Membership

*Couple defined as husband and wife

 

 

*Senior defined as sixty (60) years of age and older

 

 

Currie West 10 18-Hole Round Punch Card

Good April 1 Through October 31

Regular

 

$240.00 per card

*Senior

 

$176.00 per card

Regular with Cart

 

$368.00 per card

*Senior with Cart

 

$304.00 per card

*Senior defined as sixty (60) years of age and older

 

 

Power Cart Fees

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $16.00

     Season pass

 

$500.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$8.00 per play

Par 3 – Senior

 

$6.00 per play

Par 3 – Youth

 

$4.00 per play

Driving Range Fees

Driving Range

 

 

     Medium Basket

 

$6.00

     Large Basket

 

$8.00

Driving Range Season Membership Fees

     Single

 

$300.00

Youth Golf Program

     Program Fee

 

$70.00 or Youth Membership

Senior is defined as 60 years of age and older.

Youth is defined as 18 years of age and under.

Couple is defined as husband and wife.

               

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

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

 

2013 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented information on sidewalk requests received for Dublin Avenue, the west side from Plumtree to Saginaw Road, for consideration in the 2013 Sidewalk Improvement Program.   Brian Kroll, 5202 Vandemere, spoke in support of sidewalk on the west side.  Teresa Dopp, 4215 Dublin Avenue, spoke against sidewalk due to financial burden of special assessment.  Howard Benford, 5411 Plumtree; Chrys Benford, 5411 Plumtree; and Brent Wallace, 3712 Aspen Way, all spoke in support of sidewalk.  The following resolution was then offered by Councilman Brown Wilhelm and seconded by Councilman Wazbinski: 

 

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:

   Dublin Avenue (west side)             from Plumtree Lane to Saginaw Road

; 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 DENIED.  Yeas:  None  Nays:  Adams, Brooks, Brown Wilhelm, Donker, Wazbinski)

 

QUARTERLY FINANCIAL REPORT – DECEMBER 31, 2012

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the quarterly financial information of the City of Midland, for the quarter ended December 31, 2012, is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

FIVE-YEAR COMPREHENSIVE SEWER REPORT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, Section 28-130 of the City’s Code of Ordinances requires that a Five-Year Comprehensive Sewer Report shall be submitted to the City Council at its regularly scheduled meeting prior to the due date of the City's National Pollution Discharge Elimination

System (NPDES) renewal application, which occurs every five years; and

WHEREAS, the City of Midland’s current NPDES Permit was issued on September 30, 2009, and is set to expire at midnight, October 1, 2013; and

WHEREAS, the NPDES renewal application will be submitted by its due date of April 4, 2013; now therefore

RESOLVED, that the third Five-Year Comprehensive Sewer Report dated March 6, 2013 is hereby received and ordered placed on file in the office of the City Clerk and at the Grace A.  Dow Memorial Library.  (Motion ADOPTED.)

 

DART COORDINATOR & FEDERAL AND STATE FINANCIAL ASSISTANCE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2014 and, therefore, it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted to the State of Michigan a proposed balanced budget of approximately $1,822,546 for Dial-A-Ride operations in 2013/2014 with the intent to apply for an estimated $701,316 in state operating assistance funds; an estimated $291,607 in federal 49 USC 5311 operating assistance funds; an estimated $118,000 from fare box fees; and an estimated $711,623 in local general fund support to balance the budget for state fiscal year 2014; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51 and the City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

AMENDMENT TO DOW CHEMICAL CO. IFT RESOLUTION DATED 10/15/2012

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, The Dow Chemical Company made an application dated September12, 2012, which was received by the City Clerk on September 12, 2012 for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $12,000,000 which is for new real and personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to improve the existing facility located at Buildings 719, 770, and 1360 for the production of UPS Copolymer resin products. The project named Upsize, will retrofit and install all necessary process instrumentation, piping, pumps and equipment for expanded production and to extend the life of the facilities. The project is expected to retain 30 existing jobs and create one within two years of completion; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 15, 2012, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district and/or plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district and/or plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; and

WHEREAS, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, was thereby approved, on Monday, October 15, 2012, for a period of 12 years with an ending date of December 30, 2025; and

WHEREAS, that on Monday, October 15, 2012, the Mayor and City Clerk as authorized executed the Public Act 198 Agreement submitted between the City and The Dow Chemical Company, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, under PA 198 of 1974, as amended and PA 225 of 1978, as amended, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that this resolution is an amendment to the resolution approved on Monday, October 15, 2012, for an Industrial Facilities Exemption certificate for The Dow Chemical Company within The Dow Chemical Plant Rehabilitation District No. 1, relating to new real and personal property.  (Motion ADOPTED.)

 

WASTEWATER – ADMINISTRATIVE BUILDING HVAC IMPROVEMENTS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, the existing HVAC (heating, ventilation, and air conditioning) system at the City’s Wastewater Treatment Plant (WWTP) was installed as part of the improvements to the plant in 1989; and

WHEREAS, after many years of use the unit no longer functions as designed; and

WHEREAS, sealed bids for Administration Building HVAC Improvements, Bid 3491, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding has been budgeted for this purpose in the 2012/13 Wastewater Fund account #590.9010.97.002 – Capital Construction; now therefore

RESOLVED, that the low total bid from J. E. Johnson of Midland in the amount of $183,650.00 is accepted and a purchase order for the construction services to make improvements to the HVAC unit at the City’s Wastewater Treatment Plant is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $15,000.00.  (Motion ADOPTED.)

 

PROFESSIONAL SERVICES AGREEMENT – LIBRARY INTERIOR IMPROVEMENTS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, Wigen Tincknell Meyer & Associates of Saginaw provides the necessary architectural services for interior improvements at the Grace A. Dow Memorial Library; and

WHEREAS, funding is available in the 2012-2013 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that in accordance with Section 2-19 of the Code of Ordinances, obtaining sealed proposals for professional services is not required, and the Mayor and City Clerk are hereby authorized to execute an agreement for professional services from Wigen Tincknell Meyer & Associates in an amount not to exceed $85,478 upon document approval by the City Attorney; 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 $5,000 in total.  (Motion ADOPTED.)

 

TELEVISION ENCODERS & AUDIO/VISUAL DISTRIBUTION AMPLIFIER - MCTV

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of television encoders, Bid No. 3500; and

WHEREAS, funding for the encoders and amplifier is included in the 2012-13 MCTV Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to AVI Systems of Byron Center, Michigan in the net amount of $32,727 for the purchase of four television encoders and one audio/video distribution amplifier, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

2013 ORCHARD DRIVE RECONSTRUCTION; CONTRACT NO. 2

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

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   Orchard Drive from Sugnet Road to Saginaw Road; and

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

RESOLVED, that the low sealed proposal submitted by Robbin Harsh Excavating, Inc. of Clare, Michigan, for the "2013 Orchard Drive Reconstruction; Contract No. 2", in the indicated amount of $193,181.00, 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.)

 

WIDE-AREA MOWER PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, bids for grounds maintenance equipment are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a wide-area mower is available in the FY 2012-2013 Equipment Revolving Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Spartan Distributors of Sparta, Michigan for $84,680.43 for the purchase of a wide-area mower, all in accordance with the State of Michigan’s Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE (02/04/13)

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,402 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $39,958.06 executed by the Purchasing Agent on February 4, 2013, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE (02/11/13)

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,600 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $43,578.36 executed by the Purchasing Agent on February 11, 2013, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE (02/22/13)

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 6,500 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $20,117.50 executed by the Purchasing Agent on February 22, 2013, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE (02/22/13)

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 6,500 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $20,117.50 executed by the Purchasing Agent on February 22, 2013, is hereby approved.  (Motion ADOPTED.)

 

PURCHASE OF THREE TRUCKS AND ONE AERIAL LIFT UNIT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, bids for trucks are solicited by the State of Michigan, and bids for construction equipment are solicited by the U.S. General Services Administration, and the City of Midland is authorized to make purchases from both of these programs; and

WHEREAS, sufficient funding for the purchase of a crew-cab pickup truck, an aerial lift truck, a utility truck, and an aerial lift unit is available in the FY 2012-2013 Equipment Revolving Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendors, Red Holman GMC of Westland, Michigan in the amount of $20,220.00 for the purchase of a pickup truck, and Snethkamp Dodge of Lansing, Michigan in the amount of $64,571.00, for the purchase of one crew-cab pickup and one aerial truck chassis, and to the U.S. General Services Administration’s approved vendor, Altec Industries of Birmingham, Alabama in the amount of $58,505.00 for one aerial lift unit, all in accordance with the State of Michigan’s Extended Purchasing Program and U.S. General Services Administration proposal and specifications.  (Motion ADOPTED.)

 

STUMP REMOVAL SERVICES

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, the City has undertaken an Emerald Ash Borer Treatment Program in order to save as many of its ash trees as possible and remove those that cannot be feasibly saved; and

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

WHEREAS, we are satisfied with M & M Stump Removal’s performance in regards to the stumps already removed; and

WHEREAS, sufficient funding for such expense is available in the Emerald Ash Borer Project; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to M & M Stump Removal of Midland, Michigan up to the amount of $48,000 for stump removal.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 45

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, NJR Properties submitted a request for a conditional land use permit for a second one-family dwelling on a lot located at 307 Sam Street in a Residential B multiple-family district; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on April 8, 2013, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on or before March 22, 2013 and to publish said notice on March 23, 2013.  (Motion ADOPTED.)

 

ZONING ORDINANCE REVISIONS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, January 8, 2013 for consideration of revisions of Zoning Ordinance No. 1585; and

WHEREAS, a copy of the Zoning Ordinance revisions may be reviewed at the Planning Department, City Hall, 333 West Ellsworth Street; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 8, 2013, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the revised Zoning Ordinance; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on March 23, 2013.

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.

The City of Midland Ordains:

Section 1.  That the Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to read as follows.

                                                (see attached)

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.)

 

Being no further business the meeting adjourned at 8:17 p.m.

 

 

______________________________________

            Paula Whittington, Deputy City Clerk