March 9, 1998

A regular meeting of the City Council was held on Monday, March 9, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

Minutes Approval of the minutes of the February 23, 1998 regular meeting was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

Absolutely Incredible Kid Day Paul Coonan, Program Director of Camp Fire Boys and Girls, requested that Council proclaim March 19, 1998 as "Absolutely Incredible Kid Day" in Midland. The National Camp Fire Boys and Girls encourages adults to send letters expressing their love and appreciation to a child on this day. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March 19, 1998 as Absolutely Incredible Kid Day in Midland. (Motion adopted.) Mayor Black presented the proclamation to Paul Coonan.

Public Comments There were no comments made.

Civic Arena Fees Ordinance Martin McGuire, Director of Public Services, reviewed the proposed ordinances which amends fees for recreation programs. The following ordinance amending Civic Arena Fees was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1405

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:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 1. CIVIC ARENA

Sec. 21-70. Civic Arena Fees

The fees for use of the Civic Arena and its facilities are as follows:

(1) Individual Ice Skaters $ 2.50 per session

(2) Skating Pass (25 Admissions) $ 50.00 per pass

(3) Skate Rental $ 1.50 per session

(4) Rink Rental $ 96.00 per hour

(5) Summer Rink Rental $ 113.00 per hour

(6) Non-Ice Rental (Full Building) $1,250.00 per day

(7) Non-Ice Rental (1/2 Building) $ 625.00 per day

(8) Non-Ice Rental (1/4 Building) $ 350.00 per day

Section 2. This Ordinance shall take effect on May 1, 1998. (Ordinance adopted.)

Golf Course Fees Ordinance The following ordinance amending Golf Course Fees was offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1406

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:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 2. GOLF COURSE

Sec. 21-71. Golf Course Fees

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

(1) Regular: 9-hole $ 9.00 per play

(2) Regular: 18-hole $ 14.25 per play

(3) Senior: 9-hole (7:00 a.m.- 3:00 p.m., M - F) $ 6.00 per play

(4) Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F) $ 9.50 per play

(5) Twilight golf (after 7:00 p.m.) $ 6.00 per play

(6) Regular: Par 3 $ 4.50 per play

(7) Senior and youth: Par 3 $ 3.00 per play

(8) 20-play pass $170.00 per pass

(9) Regular: Single season pass $400.00 per pass

(10) Regular: Double season pass $640.00 per pass

(11) Senior: Limited and league single season pass $315.00 per pass

(12) Senior: Limited and league double season pass $475.00 per pass

(13) Senior: Limited single season pass $265.00 per pass

(14) Senior: Limited double season pass $425.00 per pass

 

(15) Trail Fee (Private Carts): 9-hole $ 1.00 per play

 

18-hole $ 2.00 per play

 

Season pass $ 90.00 per pass

Section 2. This Ordinance shall take effect on April 1, 1998. (Ordinance adopted.)

 

Swimming Pool Fees Ordinance The following ordinance amending Swimming Pool Fees was offered by Councilman Moolenaar and seconded by Councilman Coppage:

ORDINANCE NO. 1407

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1. Section 21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 3. SWIMMING POOLS

Sec. 21-72. Swimming pool fees.

The fees for the use of the city’s swimming pools are as follows:

(1) Public swimming $ 1.75 per session

(2) Limited pass (15 admissions) $ 25.00 per pass

(3) Swimming lessons $ 20.00 per lesson

(4) Individual swim pass (unlimited use) $ 55.00 per pass

(5) Family swim pass (2 members) $ 85.00 per pass

(6) Family swim pass (each additional member) $ 20.00 per additional member

(7) Family swim pass (maximum per family) $125.00 per family

Section 2. This Ordinance shall take effect on May 1, 1998. (Ordinance adopted.)

 

General Recreation Fees Ordinance The following ordinance amending General Recreation Fees was offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1408

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1. Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

CHAPTER 21

ARTICLE II. PARKS AND RECREATION FEES

DIVISION 4. GENERAL RECREATION

Sec. 21-73. General Recreation Fees

The fees for general recreation activities are as follows:

(1) Adult Softball Player $ 16.00 per player

(2) Adult Softball Player (2nd Team) $ 10.00 per player

(3) Each Softball Team in Invitational Tournaments $ 20.00 per team

(4) Youth Softball Player $ 3.00 per player

(5) Adult Soccer Team $ 20.00 per team

(6) Youth Soccer Player $ 5.00 per player

(7) Rugby Player $ 6.00 per player

(8) Ski Rental (Each 2 Hours or Part Thereof) $ 5.00 per 2 hours

(9) Toboggan Rental (Per Hour - 2 Hour Maximum) $ 3.00 per hour

(10) Chalet Building Rental (2 Hour Minimum) $ 25.00 per hour

After 2 Hour Minimum $ 15.00 per hour

(11) Picnic Kit Deposit $ 15.00 per kit

(12) Summer Play Program (Entire 8-Week Program No charge per child

(13) Summer Play Program (Per Day Charge) No Charge per child per day

Section 2. This Ordinance shall take effect on April 1, 1998. (Ordinance adopted.)

98 Sidewalk Improvement Program Jack Duso, Assistant City Manager, presented the proposed list of sidewalks slated for construction in the 1998-99 budget year. Councilman Coppage requested that sidewalks under the 2.1 priority code be changed to priority 2.2 and that all sidewalks under the priority code 3.1 be added to the 1998-99 Sidewalk Construction List. Mayor Black requested the following sidewalks be added to the 1998-99 Sidewalk Construction List:

W. Sugnet Road (south side) Hillcrest to N. Saginaw Road

Sugnet Street (south side) Applewood to Orchard Drive

Gettysburg Street (north side) Illinois to 136 feet west

Illinois Street (west side) Gettysburg to N. plat line

The following resolution was then offered by Councilman Coppage 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:

Albee Lane (east side) Isabella Street to Pinehurst Court

Applewood Drive (east side) Valley Drive to Sugnet Road

Cottonwood Street (west side) Bay City Road to Henry Street

Cottonwood Street (west side) Bay City Road to south end

Cypress Street (west side) Bay City Road to Henry Street

Darby Street (north side) Lawndale Drive to McGill Street

Dauer Street (both sides) Ashman Street to end of court

Dublin Avenue (east side) Saginaw Road to Rail-Trail

Eastman Avenue (west side) US-10 to northerly Fairgrounds entrance

Evamar Drive (south side) Bayberry Lane to Siebert Street

Friar Lane (west side) Heathermoor Drive to the end of the existing walk

Gary Street (west side) Airfield Lane to Dawn Drive

Gettysburg Street (north side) Illinois Drive to the end of the existing walk

Hemlock Street (west side) Bay City Road to Beech Street

Hemlock Street (west side) Beech Street to south end

Henry Street (south side) Hemlock Street to end of court

Highland Drive (east side) Moorland Drive to Perrine Road

Hillcrest Road (west side) Sugnet Road to Saginaw Road

Illinois Street (west side) Gettysburg Street to the end of the existing walk

McGill Street (east side) Ashman Street to Darby Street

Norfolk Street (north side) Castle Drive to Hampshire Street

North Parkway (east side) Dyckman Road to Crescent Drive

Norwood Drive (north side) Campau Drive to end of roadway

Ottawa Street (east side) Meadowbrook Drive to end of street

Park Walkway Concord Street to Greenfield Park

Sam Street (west side) Bay City Road to end of street

Sugnet Road (south side) Hillcrest Road to Saginaw Road

Sugnet Road (south side) Applewood Road to Orchard Drive

Union Street (south side) George Street to State Street

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion adopted.)

 

Brush & Heavy Item Collection Martin McGuire, Director of Public Services, requested Council consider placing the brush and heavy items collection issue on its list of budget priorities for the 1998-99 budget. The program would:

1. Consolidate the City’s nineteen refuse areas into four.

Charles Hepenstal, 1317 North Parkway, opposed changes as proposed by the Department of Public Services.

The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED that the City Council hereby receives the report from the Administration regarding brush and heavy item collection; and

RESOLVED FURTHER, that the City Council will add the brush and heavy items issue to its list of budget priorities for the 98-99 budget. (Motion adopted.)

Annual Liquor Licenses Report Jack Duso, Assistant City Manager, presented a report from the Midland City Manager’s Office and the Midland Police Department regarding the status of liquor licenses through March 1, 1998, in the City of Midland as they pertain to Midland’s Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises. There were no licenses that failed to comply with any section of the Policy. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that in accord with the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, the 1998 reports of the City Manager and Police Department regarding the status of Liquor Licenses in the City of Midland are hereby received and are ordered filed in the City Clerk’s Office. (Motion adopted.)

 

 

New T-Hanger Lease Agreements Barstow Airport (Postponed) Brian McManus, Assistant City Engineer, presented information to Council regarding hangar leases at the Barstow Airport. The lease agreements call for a rental rate of $117.50 per month ($1410 per year). The rental rate would increase each year by the ratio of the Consumer Price Index. The lease term is from January 1, 1998 through December 31, 2000.

Charles Hepenstal, 1317 North Parkway, opposed City ownership of hangars.

Council requested that staff survey other airports regarding cost to lease hangars and also directed City Manager, Karl Tomion, to request a joint meeting with the Barstow Airport Advisory Commission.

Bay City Road Interchange Project - Payment to MDOT The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, an Agreement between the City of Midland and the Michigan Department of Transportation was approved on February 5, 1996 which requires the City to be responsible for all costs associated with the acquisition of right of way necessary for the construction of the improvements to the US-10/Bay City Road interchange; and

WHEREAS, the City has received an invoice from MDOT in the amount of $52,000 which must be escrowed by MDOT as a requirement of the condemnation process for four parcels necessary for right of way for this project; now therefore

RESOLVED, that in accord with said agreement between the City of Midland and the Michigan Department of Transportation (MDOT Contract 95-0352), the Director of Fiscal Services is hereby authorized to issue payment in the invoiced amount of $52,000 to the Michigan Department of Transportation, said payment to be made from Road Millage revenue located in the Major Streets Construction Fund. (Motion adopted.)

DART - Financial Assistance The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Midland to name an official representative for all public transportation matters for state fiscal year 1999, 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 10e(18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $569,923 in state operating assistance funds; an estimated $94,687 in federal 49 USC 5311 (former Section 18) operating assistance funds; and an estimated $356,500 in federal USC 5309 (former Section 3) capital assistance for state FY 1999, now therefore

RESOLVED, that Karl S. Tomion, 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. (Motion adopted.)

Professional Services - Geisler Appeal to Tax Tribunal The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, James Geisler appealed to the Michigan Tax Tribunal the 1995, 1996 and 1997 assessment and taxable value of certain property he owns located in the City of Midland; and

WHEREAS, the services of the appraisal firm Argianas & Associates were necessary in assisting the City of Midland in its defense of said appeal and in the preparation of an appraisal report of said property; and

WHEREAS, the cost of said services exceeded $20,000.00 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; now therefore

RESOLVED, that payment to the appraisal firm of Argianas & Associates for appraisal and professional services in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $25,000.00. (Motion adopted.)

98 Haley Street Reconstruction The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

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 the water main and reconstruction and resurfacing on Haley Street from Jefferson Avenue to Washington Street; and

WHEREAS, funding for this project is provided by the Water Fund and the Major Street Fund (Account Numbers 201-069 and 402-795); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1998 Haley Street Reconstruction & Water Main Replacement; Contract No. 8", in the indicated amount of $210,821.50, 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 any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

Purchase - Pickup Truck Fire Department  The following resolution was offered by Councilman Coppage and supported by Councilman Moolenaar:

WHEREAS, sealed bids for purchasing a 3/4 ton pick-up truck for the Department of Public Services have been advertised and received recently in accord with the Midland Code of Ordinances; and

WHEREAS, the Fire Department requires an identical vehicle less the snow plow option; and

WHEREAS, there are sufficient funds in the 1997-1998 Fire Department budget in Account 101-000-338-985.121; now therefore

RESOLVED, that the bid price submitted by Martin Chevrolet of Saginaw, Michigan in the amount of $20,168.77, is hereby accepted and a purchase order authorized. (Motion adopted.)

NEW BUSINESS:

Budget Work Sessions Council set dates for budget work sessions as follows:

April 20, 1998 - 7:00 p.m. in Council Chambers

April 22, 1998 - 7:00 p.m. in Council Chambers

 

Being no further business the meeting adjourned at 9:51 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk