March 6, 2006

 

A regular meeting of the City Council was held on Monday, March 6, 2006, 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, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 18, 2006 special and February 20, 2006 regular meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

Mayor Johnson moved Agenda Item #10 (site plan for baseball stadium) up to follow Agenda Item #5.

 

ZONING PETITION NO. 527

Assistant City Manager Jon Lynch introduced Zoning Petition 527 – rezoning property at 4600 Bay City Road from Agricultural to Community zoning.  A public hearing opened at 7:13 p.m.  Cynthia Winland, 5803 Woodberry Court, representative for the County of Midland, spoke in favor of the rezoning.  The public hearing closed at 7:14 p.m.  Councilman Adams stated City Attorney James O. Branson, III advised he request Council allow him to abstain from the discussion and vote on this item because he is an employee of the County of Midland.  The request to abstain was unanimously approved by Council.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A COMMUNITY ZONING WHERE AN AGRICULTURAL ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

COMMENCING AT THE SE CORNER OF THE PARCEL, THENCE NORTH 779.11 FEET, THENCE WESTERLY APPROXIMATELY 1600 FEET, THENCE SOUTHWESTERLY APPROXIMATELY 824.29 FEET, THENCE EAST 1884.22 FEET TO THE POINT OF BEGINNING. 

be, and the same is hereby changed to Community.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.  Yeas:  Johnson, McKeag, Myers, Rokosz   Nays:  None   Abstained:  Adams)

 

DOW CORNING CORPORATION IFT APPLICATIONS

City Assessor Reid Duford introduced three Industrial Facilities Exemption Certificates applications for the Dow Corning Corporation.  The first included the purchase of new process computers and upgrades to process software and the control system for air generation.  The second included an upgrade to the Specialty Chemical businesses’ three major supply chains and the third was for the purchase of both real and personal property within the Midland plant to upgrade and expand three major supply chains.  A public hearing opened at 7:23 p.m.  Midland Tomorrow Executive Director Scott Walker spoke in support of the Industrial Facilities Exemption Certificates.  Dow Corning Corporation Midland Site Leader Ken Kaufman spoke regarding the projects and their positive impact on Dow Corning and the Midland area and encouraged Council support.  The hearing closed at 7:32 p.m.  The following three resolutions were then presented for consideration:

 

DOW CORNING – IFT APPLICATION ($1,000,000)

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Dow Corning Corporation Plant Rehabilitation District was established by resolution of the Midland City Council on February 23, 1981; and

WHEREAS, the Dow Corning 321 Plant Rehabilitation District was established by resolution of the Midland City Council on November 3, 1975; and   

WHEREAS, the Dow Corning Corporation made an application dated February 1, 2006, which was received by the City Clerk on February 2, 2006, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $1,000,000, which includes $890,000 in new personal property and $110,000 in real property improvements with the same being located within the Dow Corning Corporation Plant Rehabilitation District and the Dow Corning 321 Plant Rehabilitation District to allow the Dow Corning Corporation to provide for a strong, up-to-date infrastructure by the purchase of new process computers, upgrading process software and upgrading the control system for the motor that generates air, via a compressor, for use in processes throughout the plant, and result in 2-3 existing jobs being retained at this facility; 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 March 6, 2006, 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; 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 Corning Corporation considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, 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 said application for an Industrial Facilities Exemption certificate from the Dow Corning Corporation for a new facility approval within the Industrial Development District and Plant Rehabilitation Districts be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2018; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and the Dow Corning Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CORNING – IFT APPLICATION ($2,400,000)

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District were established by resolution of the Midland City Council on February 23, 1981; and

WHEREAS, the Dow Corning 321 Plant Rehabilitation District was established by resolution of the Midland City Council on November 3, 1975; and   

WHEREAS, the Dow Corning Corporation made an application dated February 1, 2006, which was received by the City Clerk on February 2, 2006,  for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $2,400,000 which is entirely for new personal property with the same being located within the Dow Corning Corporation Industrial Development District, the Dow Corning Corporation Plant Rehabilitation District and the Dow Corning 321 Plant Rehabilitation District to allow the Dow Corning Corporation to upgrade the Specialty Chemical businesses three major supply chains: phenyls, paper coating and co-polymers, and is expected to retain eleven existing jobs and create one new job within two years of project 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 March 6, 2006, 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; 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 Corning Corporation considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, 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 said application for an Industrial Facilities Exemption certificate from the Dow Corning Corporation for a new facility approval within the Industrial Development District and Plant Rehabilitation Districts be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2018; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and the Dow Corning Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

DOW CORNING – IFT APPLICATION ($4,500,000)

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District were established by resolution of the Midland City Council on February 23, 1981; and        

WHEREAS, the Dow Corning Corporation made an application dated February 1, 2006, which was received by the City Clerk on February 2, 2006, for an Industrial Facilities Tax Exemption certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $4,500,000, with the real property component calling for $31,493 in spending and the personal property component calling for $4,468,507 in spending, to upgrade and expand three major supply chains: trichlor, organo and rubber, with the same being located within the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District, and being expected to retain 232 existing jobs at the facility; 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 March 6, 2006, 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 tax 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; 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 Corning Corporation considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, 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 said application for an Industrial Facilities Tax Exemption certificate from the Dow Corning Corporation for a new facility approval within the Industrial Development District and Plant Rehabilitation Districts be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2018; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and the Dow Corning Corporation pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

2005-06 DIAL-A-RIDE BUDGET AMENDMENT

Director of Public Services Martin McGuire introduced a resolution to amend the 2005-06 Dial-A-Ride budget to recognize revenue received from the Michigan Department of Transportation and expenditures for the purchase of two Dial-A-Ride buses.  A public hearing opened at 10:16 p.m., recognizing no public comments, the hearing closed at 10:16 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, in accord with Section 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, March 6, 2006, on the proposal to amend the 2005-06 budget of Dial-A-Ride to recognize unanticipated revenues from Federal and State grants and provide additional appropriations for the purchase of two buses; now therefore

RESOLVED, that the 2005-06 budget of the Equipment Revolving Fund is amended to increase revenue by $108,426 as received from the Michigan Department of Transportation and increase expenditures by $97,798 for the purchase of two Dial-A-Ride buses.  (Motion ADOPTED.)

 

2005-06 CDBG BUDGET AMENDMENT

Assistant City Manager Jon Lynch introduced a resolution to amend the Community Development Block Grant budget for fiscal year 2005-06 by transferring zero interest deferred payment loans to acquisitions of property for the CHOICE (Creating Housing Options in Challenging Economies) Housing Program.  He also presented a resolution approving the purchase of a house at 716 Gordon Street for the CHOICE Program.  A public hearing opened at 10:22 p.m., recognizing no public comments, the hearing closed at 10:22 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Adams:

 

RESOLVED, that a public hearing has been advertised to consider amending the Community Development Block Grant Budget for the City of Midland for fiscal year 2005-06; and

RESOLVED FURTHER, that the Community Development Block Grant Budget for the City of Midland for fiscal year 2005-06 is amended by transferring $55,000 from “Zero-Interest, Deferred-Payment Loans” to “Acquisition of Property” for the CHOICE Housing Program.  (Motion ADOPTED.)

 

PURCHASE OF HOUSE AT 716 GORDON STREET

The following resolution was then offered by Councilman Myers and seconded by Councilman Adams:

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of a house at 716 Gordon Street, in the City of Midland; and

WHEREAS, an agreement to purchase the property at 716 Gordon Street was submitted by Mr. Paul Militzer, in the amount of Seventy-Seven Thousand Five Hundred Dollars; and

WHEREAS, the present owner of the property, Mr. Paul Militzer, has also agreed to this purchase price; now therefore

RESOLVED, that said purchase agreement is hereby approved, and the purchase is authorized using funds from the Community Development Block Grant (CDBG) Program.  (Motion ADOPTED.)

 

2005-06 MAJOR STREET MAINTENANCE FUND BUDGET AMENDMENT

Assistant City Engineer Bradd Maki introduced a resolution to amend the 2005-06 Major Street Maintenance Fund budget to recognize additional revenue from County Road Millage and unanticipated revenue from outside contributions and increase appropriations to transfer additional funds to the Major Street Construction Fund.  He also introduced a resolution that would execute a contract with the Michigan Department of Transportation for milling and resurfacing BR-US10 and adjacent landscaping work within the city limits.  A public hearing opened at 10:30 p.m., recognizing no public comments, the hearing closed at 10:30 p.m.  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, the Major Street Maintenance Fund’s 2005-06 budget shall be amended to recognize $52,500 of additional county road millage, and $198,825 of unanticipated revenues from private donations, and to increase appropriations by $251,325 to transfer additional funds to the Major Street Construction Fund.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 05-5520 BR-US10 MILL AND RESURFACING WORK

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, a proposed Contract No. 05-5520 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the mill and resurface of BR US-10 between Washington Street and the east City Limits and adjacent landscaping work; and

WHEREAS, the related project is separated into two parts being Part A – Mill and Resurface BR US-10 and Part B – Landscaping; and

WHEREAS, the total estimated cost of Part A of the project is $2,568,900, of which cost shares for federal aid will be $2,102,600, for MDOT will be $413,800 and for the City of Midland will be $52,500; and

WHEREAS, the total estimated cost of Part B of the project is $602,200, of which cost shares for federal aid will be $301,100, for MDOT will be $102,275 and for the City of Midland will be $198,825; and

WHEREAS, funding of Part A of the City cost share will be provided by the Major Street Fund; and

WHEREAS, funding of Part B of the City cost share will be provided by private donations; and

WHEREAS, the City of Midland supports having described work completed; and

WHEREAS, the City Attorney has approved the proposed contract; and

WHEREAS, this contract is subject to receipt of said private donations and after necessary Major Street funds are made available through budget amendment; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 05-5520 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

RECREATION PROGRAM – FEE AMENDMENTS

Director of Public Services Martin McGuire presented information on three ordinances to amend fees for various recreation programs.  Paul Handt, 5101 Highridge Court, spoke in opposition to golf course fee increases.  The following three ordinance amendments were then presented for consideration:

 

GOLF COURSE FEES (1ST reading)

Introduction and first reading of the following ordinance amending Golf Course fees was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. ________

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

9-hole rate

 

 

     Regular weekday

$11.00

$11.50  per play

     Regular weekend

$12.00

$12.50  per play

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

$  7.50

$  8.00  per play

18-hole rate

 

 

     Regular weekday

$19.00

$20.00  per play

     Regular weekend

$22.00

$23.00  per play

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

$12.00

$13.00  per play

Twilight golf rate

 

 

(after 6:00 p.m. before Memorial Day & after Labor Day)

$7.00

$  7.50  per play

(after 7:00 p.m. June – August)

 

 

Winter rate

 

 

(November 1 – March 1)

$5.00

             per play

Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th)

$7.00

             per play

Currie West Municipal Golf Course

9-hole rate

 

 

     Regular weekday

$13.00

$13.50  per play

     Regular weekend

$17.00

$17.50  per play

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

$  9.00

$  9.50  per play

18-hole rate

 

 

     Regular weekday

$21.00

$22.00  per play          

     Regular weekend

$29.00

$30.00  per play

     Weekend after 2:00 p.m.

$23.00

$24.00  per play

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

$14.50

$15.50  per play

Twilight golf rate

 

 

(after 6:00 p.m. before Memorial Day & after Labor Day)

$  8.50

$  9.00  per play

(after 7:00 p.m. June – August)

 

 

Winter rate

 

 

(November 1 – March 1)

$5.00

             per play

Lunch Time Special (5-hole: 11:00 a.m. – 1.00 p.m. M-Th)

$7.00

             per play

 

Currie East and Currie West Municipal Golf Courses

Unlimited play

 

 

     Single season pass

$665.00

$715.00   per pass

     Double season pass

$1065.00

$1165.00 per pass

Restricted play (unlimited East Course play, weekdays and after 2:00 p.m. weekends on West Course)

 

 

     Single season pass

$600.00

$650.00   per pass

     Double season pass

$960.00

$1060.00 per pass

Senior & Youth unlimited play

 

 

     Single season pass

$585.00

$635.00   per pass

     Double season pass

$935.00

$1035.00 per pass

Senior & Youth restricted play  (unlimited East Course play, weekdays and after 2:00 p.m. weekends on West Course)

 

 

     Single season pass

$525.00

$575.00  per pass

     Double season pass

$840.00

$940.00  per pass

Senior & Youth limited play (9 holes weekdays before 3:00 p.m. with differential for non-discounted times)

 

 

     Single season pass

$390.00

$440.00  per pass

     Double season pass

$625.00

$725.00  per pass


 

Family pass – additional family member from same household

$360.00

$410.00  per pass

Trail Fee (private carts when owner or member of immediate family is present)

 

 

     Season pass

$220.00

               per pass

     Daily pass

$    5.00

               per pass

Differential rates for Senior & Youth limited pass

Currie East Municipal Golf Course

9 hole rate

 

 

     Weekday

$3.50

$       per play

     Weekend

$4.50

$       per play

18 hole rate

 

 

     Weekday

$  7.00

$       per play

     Weekend

$10.00

$       per play

Currie West Municipal Golf Course

9 hole rate

 

 

     Weekday

$4.00

                per play

     Weekend

$8.00

$              per play

18 hole rate

 

 

     Weekday

$  6.50

$      per play

     Weekend

$14.50

$      per play

Par 3 – Regular

$6.00

$6.50  per play

Par 3 – Senior and Youth

$4.00

$4.50  per play

20-play pass (9 holes) – Weekday only

$210.00

$220.00 per pass

Note:  Season Pass rates will remain in effect for 2006 2007 season if purchased before               

           December 31, 2005 2006.

Exception:  In order to fairly compete with non-municipal courses for golf outings, the  Director of Public Services is authorized with the approval of the City Manager to reduce these fees on a discretionary basis for golf outings having a minimum of 40 golfers and to adjust fees in April and after September 19 18 if appropriate.

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

 

SWIMMING POOL FEES (1ST reading)

Introduction and first reading of the following ordinance amending Swimming Pool fees was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. _______

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:

Sec. 21-72.  Swimming pool fees

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

 (1)

Public Swimming - Adult

$     2.00

$     3.00

Per session

 

Public Swimming – Youth & Senior

 

$     2.00

Per session

(2)

Limited Pass – 15 Admissions, Adult

$   25.00

$   35.00

Per pass

 

Limited Pass – 15 Admissions, Youth

 

$   25.00

Per pass

(3)*

Swimming Lessons

$   30.00

 

Per session

(4)

Individual Swim Pass, unlimited use - Adult

$   60.00

$   75.00

Per pass

 

Individual Swim Pass, unlimited use – Youth

 

$   60.00

Per pass

(5)

Family Swim Pass – 2 members

$   95.00

$ 110.00

Per pass

(6)

Family Swim Pass – each additional member

$   25.00

 

Per member

(7)

Family Swim Pass – maximum per family

$ 145.00

$ 160.00

Per pass

(8)

Competitive Swim Pool Rental – per lane

$   16.50

$   20.00

Per hour

       * THERE SHALL BE A $10.00 SERVICE FEE FOR REFUNDS.

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

 

GENERAL RECREATION FEES (1ST reading)

Introduction and first reading of the following ordinance amending General Recreation fees was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. _______

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:

Sec. 21-73.  General recreation fees

(1)

Adult softball player

$  18.00

 

per player

(2)

Adult softball player (2nd team)

$  18.00

 

per player

(3)

Adult softball player - Fall League

$    5.00

 

per player

(4)

Each softball team in individual tournaments

$  20.00

 

per team

(5)

Youth softball player

$    5.00

 

per player

(6)

Rugby player

$    6.00

 

per player

(7)

Ski rental (each 2 hours or part thereof)

$    6.00

 

per hour

(8)

Toboggan rental (per hour two-hour maximum)      

$    4.00

 

per hour

(9)

Chalet building rental (2 hour minimum)

$  25.00

$  30.00

per hour

 

After 2 hour minimum

$  15.00

$  20.00

per hour

(10)

Currie West Clubhouse rental (2 hour minimum)

$  50.00

 

per hour

 

After 2 hour minimum                                            

$  35.00

 

per hour

(11)

Picnic kit deposit

$  15.00

 

per kit

(12)

Summer play program (entire 8 week program)

no charge

 

 

(13)

Summer play program (per day charge)

no charge

 

 

(14)*

Picnic shelter reservations

 

 

 

 

Emerson A-1, Emerson E

$  20.00

 

per use

 

Plymouth A (south), A (north), B-2, B-3

$  20.00

 

per use

 

Barstow Woods

$  20.00

 

per use

 

Stratford Woods

$  20.00

 

per use

 

Chippewassee

$  20.00

 

per use

 

Emerson D

$  40.00

 

per use

 

Plymouth A (entire shelter)

$  50.00

 

per use

 

Unsheltered areas

$  10.00

 

per use

 

Addition of a canopy

$  20.00

 

per use

 

Delivery of picnic tables (up to 10 tables)

$  20.00

 

per use

 

Additional tables (if available)

$    3.00

 

per table

     *Note:  Fees paid for shelter reservations are non-refundable.

      Exceptions to (14) Picnic shelter reservation fees are as follows:

       a) Donors of shelters shall be allowed one rent free use per year in

           the respective donated structure.

      


       b) Daytime reservations which begin after 8:00 a.m. and end before 3:00 p.m.

           Monday – Friday in May and June are exempt from fees.

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

 

SITE PLAN NO. 250 – BASEBALL PARK

Assistant City Manager Jon Lynch introduced Site Plan No. 250 to construct a 3500 seat baseball stadium on 21 acres bounded by State Street, Buttles Street, Lyon Road and The Dow Chemical Company Michigan Operations property. 

The following public comments were made:

Mike Hayes, 919 E. Park Drive, Vice President and Secretary for the Michigan Baseball Foundation, spoke regarding the project and how the development is handling concerns regarding parking, lighting and noise from the facility.  Fay Wood, 3501 Bay City Road, spoke regarding the stadium seating.  Sid Allen, 1302 Heathermoor, President of the Midland Area Chamber of Commerce, spoke in favor of the stadium and the positive benefits it will bring to the community.  Christin O’Callaghan, speaking on behalf of members of the Downtown Development Authority, spoke in favor of the project and its positive impact on downtown Midland and the local economy.  Scott Walker, 1422 Clover Court, Executive Director for Midland Tomorrow, spoke in favor of the project and its positive impact on local employment.  He spoke regarding visitors to the ball park and how their spending locally will benefit the local economy.  Doug Schlosser, Mill Street, resides two blocks away from the development and expressed concern about the impact of on-street parking in his neighborhood.  While he supports the project, he hopes that Council will be willing to address parking issues should they become a problem.  David Morgan, Fournie Street, expressed his concerns regarding parking and traffic problems associated with the development.  AnnaMaria Morgan, Fournie Street, spoke regarding traffic and noise concerns associated with after-hours construction activity for the facility.  TK Johnson, 2207 Sylvan Lane, reminded the audience the sun sets later in the summer and lighting will not be as much of a problem as it is this time of the year. 

Midland Police Chief James St. Louis spoke regarding his confidence the Police Department will be able to adequately patrol the events and are experienced in monitoring similarly sized events in the Midland Community. 

The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 250, the request of the Michigan Baseball Foundation to construct a baseball stadium on approximately 21 acres bounded by State Street, Buttles Street, Lyon Road and Dow Chemical Michigan Operations property; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 250 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 250, contingent upon the following:

      1.   Lot combinations must be completed prior to issuance of a building permit.

      2.   City Council approval of field lights mounted on 120’ tall mast.

      3.   On site signage complies with provisions of Article 8.00 of the Zoning Ordinance.

(Motion ADOPTED.)

 

Council took a recess from 10:10 p.m. until 10:15 p.m.

 

2006 SIDEWALK IMPROVEMENT PROGRAM

Assistant City Engineer Bradd Maki introduced a resolution directing the City Manager to prepare a report to include estimates of expenses, life of improvement and description of district benefited for the 2006 Sidewalk Improvement Program.  Ken Groeya, representing the Catholic Cemetery located on Eastman Avenue, spoke against the sidewalk being requested on the east side of Eastman Avenue from Sugnet Road south to the end of the existing walk.  He expressed concerns of this sidewalk’s proximity to the cemetery and existing graves.  After Council discussion, Councilman McKeag moved, seconded by Councilman Adams, to amend the resolution to remove requested sidewalk on Eastman Avenue from consideration.  (Motion ADOPTED.)  After further Council discussion, Councilman Myers moved, seconded by Councilman Adams, to further amend the resolution to remove requested sidewalks on Saginaw Road, Butterfield Drive and Lee Street from consideration. (Motion ADOPTED.)  The following amended resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

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:

   Bay City Road (south side)            from Fast Ice Drive to the US-10 right of way line

   Foster Road (east side)                 from Wheeler Street to Hollyberry Drive

Hancock Drive (both sides)            from Clay Street to Lee Street

   Jefferson Cross-Over (north side) from Saginaw Road to Jefferson Avenue

   Sturgeon Avenue (east side)          from Valerie Street to end of existing sidewalk

   Wheeler Street (north side)            from Foster Road to Butterfield Drive

; 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.)

 

SALE OF CHOICE HOUSE AT 113 W. ST. ANDREWS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 113 W. St. Andrews Road in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated February 19, 2006, was submitted by Brandon S. Saylor and Krista R. Saylor, in the amount of $113,500.00; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a second mortgage will be provided by the City of Midland in the amount of $22,700; now therefore

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion ADOPTED.)

 

EASEMENT AGRMT – VACATE PRIVATE EASEMENT (HARRIS PARK SUBDIVISION)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, Consumers Energy is in the process of securing signatures to an Agreement to Vacate a Public Utility Easement; now therefore

RESOLVED, that the attached Easement Agreement from Consumers Energy to the City of Midland, to vacate a public utility easement for property located in Lots 150 and 151, Harris Park Subdivision, is hereby accepted and that the easement is ordered recorded; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to sign said easement document.  (Motion ADOPTED.)

 

GENJI – LIQUOR LICENSE TRANSFER

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, That the request from GENJI MIDLAND, INC. TO TRANSFER OWNERSHIP OF 2005 CLASS C LICENSED BUSINESS, LOCATED AT 2929 S. SAGINAW, MIDLAND, MI 48640, MIDLAND COUNTY, FROM GENJI JAPANESE STEAK HOUSE, L.L.C. be considered for approval.  It is the consensus of this legislative body that the application be: Recommended for issuance.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-16

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. S-05-16 filed December 19, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Mammoth Pines Drive shall stop for Letts Road.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-17

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. S-05-17 filed December 19, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Letts Road shall stop for Sturgeon Avenue.

is hereby made permanent.  (Motion ADOPTED.)

 

QUARTERLY FINANCIAL STATEMENTS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the quarterly operating statements of the City of Midland, for the quarter ended December 31, 2005, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

DART COORDINATOR & DART FINANCIAL ASSISTANCE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, pursuant to Act No. 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 2007 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 10c (18) accessibility plan for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $610,573 in state operating assistance funds; an estimated $233,340 in federal 49 USC 5311 operating assistance funds; and an estimated $136,000 in federal USC 5309 capital assistance to replace 2 busses for state fiscal year 2007; 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.  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.)

 

DART CONTRACTS OF $20,000 OR LESS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2007 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that the City Manager is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 2006 to September 30, 2007.  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.)

 

MDOT MEMORANDUM OF UNDERSTANDING – RECONSTRUCTION OF RODD STREET

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland has received a $375,000 federal grant as part of the State Surface Transportation Program (STP) for the reconstruction of Rodd Street from Buttles Street to S. Saginaw Road; and

WHEREAS, MDOT allows an M-Fund buy-out which allows a municipality to accept 75% ($282,000) of the federal grant, waives the requirements of the MDOT bidding process and allows the municipality more flexibility in the use of the funds; and

WHEREAS, a Memorandum of Understanding between Michigan Department of Transportation (MDOT) and City of Midland for Exchange of Federal Funds for State Funds for the reconstruction of Rodd Street from Buttles Street to S. Saginaw Road is required prior to final approval of said buy-out; and

WHEREAS, remaining funds for said reconstruction will be provided by the Major Street Fund and the Water Fund; now therefore

RESOLVED, that the City Council hereby formally requests an M-fund grant buy-out for the reconstruction of Rodd Street from Buttles Street to S. Saginaw Road, accepts the $281,000 from the Michigan Department of Transportation and authorizes the Mayor and City Clerk to execute the Memorandum of Understanding once approved by the City Attorney on behalf of the City of Midland.  (Motion ADOPTED.)

 


ANNUAL REVIEW OF LIQUOR LICENSES

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to submit an annual review of each liquor licensee to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licensees is hereby received and ordered filed in the Office of the City Clerk.  (Motion ADOPTED.)

 

SIGNS TO PROMOTE EVENTS – DDA DISTRICT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the request from the Downtown Development Authority, seeking permission to place three directional signs to promote various events being held within the Downtown Development Authority district, on the day of each event, is hereby approved subject to the following conditions:

  • Clear vision requirements must be followed and the signs must not obstruct the vision of motorists.
  • The signs must be removed at the end of the day of each event.
  • Signs located in the MDOT right of way must have their approval and signs located in the City right of way must be coordinated with the Engineering Department.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

CRIME STOPPERS – NON PROFIT STATUS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the request from Midland County Crime Stoppers of the City of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for           approval.  (Motion ADOPTED.)

 

BITUMINOUS MATERIAL – ANNUAL PURCHASE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

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

WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore

RESOLVED, that the sole proposal meeting City specifications submitted by Saginaw Asphalt of Carrollton, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $36.40 per ton is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 


CONCRETE – ANNUAL PURCHASE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

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

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Fisher Sand and Gravel, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their January 31, 2006 response to our Bid No. 2910 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, the Director of Public Services may decide to make purchases from the alternate vendor, Bay Aggregate, of Bay City, Michigan in accordance with their bid of January 31, 2006.  (Motion ADOPTED.)

 

2006 STURGEON CREEK PARKWAY RECONSTRUCTION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

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 Sturgeon Creek Parkway from Saginaw Road to Wackerly Street; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2006 Sturgeon Creek Parkway Reconstruction; Contract No. 3", in the indicated amount of $351,159.40, 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.)

 

PROPOSED 2005-06 GENERAL FUND BUDGET AMENDMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

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., Monday, March 20, 2006, in the Council Chambers of City Hall on the proposal to amend the General Fund’s 2005-06 budget to recognize an unanticipated refund from a prior-year construction project in the amount of $22,600, and to increase appropriations by the same to transfer additional funds to the General Construction Fund.  (Motion ADOPTED.)

 

PROJECT FOR PUBLIC SPACES

Assistant City Manager Jon Lynch introduced a resolution approving the City of Midland participating in placemaking as a sponsor providing staff and logistical support to the Project for Public Spaces.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the Midland City Council hereby approves the City of Midland being a placemaking sponsor, providing staff and logistical support for the Project for Public Spaces.   (Motion ADOPTED.)

 

CLOSED SESSION

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

 

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation, specifically Midland Cogeneration Venture Limited Partnership vs. City of Midland which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion ADOPTED by a Roll Call Vote.)

 

Being no further business the meeting adjourned to a closed session at 11:32 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk