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.
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
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:
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Currie East
Municipal Golf Course |
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9-hole rate |
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|
Regular weekday |
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$11.50 per play |
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Regular weekend |
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$12.50 per play |
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Senior & Youth weekday
( |
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$ 8.00 per play |
|
18-hole rate |
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|
|
Regular weekday |
|
$20.00 per play |
|
Regular weekend |
|
$23.00 per play |
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Senior & Youth weekday
( |
|
$13.00 per play |
|
Twilight golf rate |
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|
|
(after |
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$ 7.50 per play |
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(after |
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|
|
Winter rate |
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|
|
(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 |
|
$13.50 per play |
|
Regular weekend |
|
$17.50 per play |
|
Senior & Youth weekday
( |
|
$ 9.50 per play |
|
18-hole rate |
|
|
|
Regular weekday |
|
$22.00 per play |
|
Regular weekend |
|
$30.00 per play |
|
Weekend after |
|
$24.00 per play |
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Senior & Youth weekday
( |
|
$15.50 per play |
|
Twilight golf rate |
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|
|
(after |
|
$ 9.00 per play |
|
(after |
|
|
|
Winter rate |
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|
|
(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 |
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Unlimited play |
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|
|
Single season pass |
|
$715.00 per pass |
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Double season pass |
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$1165.00 per pass |
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Restricted play (unlimited East Course play, weekdays and after 2:00
p.m. weekends on West Course) |
|
|
|
Single season pass |
|
$650.00 per pass |
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Double season pass |
|
$1060.00 per pass |
|
Senior & Youth unlimited play |
|
|
|
Single season pass |
|
$635.00 per pass |
|
Double season pass |
|
$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 |
|
$575.00 per pass |
|
Double season pass |
|
$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 |
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$440.00 per pass |
|
Double season pass |
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$725.00 per pass |
|
Family pass – additional family member from same household |
|
$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 |
|
$6.50 per play |
|
Par 3 – Senior and Youth |
|
$4.50 per play |
|
20-play pass (9 holes) – Weekday only |
|
$220.00 per pass |
Note: Season Pass rates will remain in effect for 2006 2007 season if purchased
before
2005
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 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. _______
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 |
|
$
3.00 |
Per session |
|
|
Public Swimming – Youth & Senior |
|
$
2.00 |
Per session |
|
(2) |
|
|
$
35.00 |
Per pass |
|
|
|
|
$
25.00 |
Per pass |
|
(3)* |
Swimming Lessons |
$
30.00 |
|
Per session |
|
(4) |
|
|
$
75.00 |
Per pass |
|
|
|
|
$
60.00 |
Per pass |
|
(5) |
|
|
$ 110.00 |
Per pass |
|
(6) |
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$
25.00 |
|
Per member |
|
(7) |
|
|
$ 160.00 |
Per pass |
|
(8) |
Competitive Swim Pool Rental – per lane |
|
$
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. _______
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) |
|
$
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) |
|
$
30.00 |
per hour |
|
|
After 2 hour minimum |
|
$
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 |
|
|
|
$
20.00 |
|
per use |
|
|
|
$
20.00 |
|
per use |
|
|
|
$
20.00 |
|
per use |
|
|
Chippewassee |
$
20.00 |
|
per use |
|
|
Emerson D |
$
40.00 |
|
per use |
|
|
|
$
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
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
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.
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
; 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
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
RESOLVED FURTHER, that the City
of
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
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
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:
; and
RESOLVED FURTHER, that the
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
Being no further business the meeting adjourned to a closed session at 11:32 p.m.
______________________________________
Selina Tisdale, City Clerk