February 26, 2007

 

A regular meeting of the City Council was held on Monday, February 26, 2007, 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 12, 2007 special and regular meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

AUSTIN STREET, BAY CITY ROAD, AND WASHINGTON STREET VACATION

City Planner Daryl Poprave presented information on a request to vacate a portion of Austin Street, Bay City Road, and Washington Street, including sections of 19th Street and 21st Street.  City Engineer Brian McManus presented information on the proposed vacation and street relocation.  City Attorney James O. Branson, III presented information regarding the documents of transfer and direction for Council to require a 4/5th vote to approve the resolution if any citizen were to voice opposition to the proposal during the public hearing.  Bradd Fedorchak, Environmental Health and Safety Director for The Dow Chemical Company, spoke regarding perimeter safety upgrade projects at all Dow sites and the need for the vacation of this property to accomplish local safety efforts at Michigan Operations.  Todd Konechne and Rollie Shook of Dow EH&S spoke regarding the Michigan Operations fence line safety upgrade project.  A public hearing opened at 7:54 p.m.  Charles Groulx, 3727 Fieldcrest Lane, expressed concern and opposition to the closure and relocation of the streets.  Tom Begin, Consumers Energy, spoke regarding their review of the project and how several Consumers Energy concerns were addressed in the current proposal; he stated they had no objections to the proposal.  Tom McCann, 3310 Jefferson Avenue, stated the welfare and security of Dow should be of importance to the City but the affect that this closure will have on area businesses should also be considered.  Mr. McCann expressed concern about Dow facilities moving closer to an expanded fence line and, subsequently, area neighborhoods.  Alex Irigoyen, 3717 Woodlawn Street, representing the Nicolaos Rapanos family, expressed concerns regarding the impact of this proposal on their property located along James Savage Road.  Elaine and Christine Rapanos, 1400 Avalon Street, shared concerns regarding traffic flow and the confusion for traffic traveling to James Savage Road east of Saginaw Road.  Midland County Emergency Services Director Roger Garner spoke in support of the public safety enhancements that the proposed improvements would bring to the community.  The public hearing closed at 8:50 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Adams:

 

WHEREAS, the Midland City Council, acting upon the request of The Dow Chemical Company, Michigan Operations for vacation of a portion of Austin Street, Bay City Road, and Washington Street including sections of 19th Street and 21st Street referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for a report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending vacation of the requested portion of Austin Street, Bay City Road, and Washington Street including sections of 19th Street and 21st Street contingent upon Dow Chemical Company having in place and operational the new “proposed road” (Attachment A); and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request; and a response has been received from the Director of Public Services indicating no objection to the vacation request, but requiring easements and access for public and private utilities; and

WHEREAS, The Dow Chemical Company has agreed to build, at their expense, a roadway between Washington Street and Saginaw Road, titled “proposed road”, as depicted in Attachment A, under conditions and specifications as set out by the City Engineering Department and further, has agreed to easements and access agreements; and

WHEREAS, said vacated roads shall not be closed until the “proposed road” is approved and open for vehicular traffic; now therefore

RESOLVED, that the Midland City Council does hereby vacate the requested portion of Austin Street, Bay City Road and Washington Street, including sections of 19th Street and 21st Street as depicted in Attachment B contingent upon the building of the “proposed road” and said road being operational; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute documents prepared and approved by the City Attorney to convey with said contingency and to further retain easements and access to the vacated property to The Dow Chemical Company in accordance with local and state statutes and the conditions set out above; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion ADOPTED.)

 

City Council recessed from 9:30 p.m. to 9:35 p.m.

 

2006-07 LIBRARY BUDGET AMENDMENT

Grace A. Dow Memorial Library Director Melissa Barnard presented an amendment to the 2006-07 Budget for the Grace A. Dow Memorial Library to recognize unanticipated revenue from contributions and to appropriate funds for the newspaper digitization project.  Marty Crook, Friends of the Library Board member, spoke in support of the project.  A public hearing opened at 9:41 p.m., recognizing no comments, the hearing closed at 9:41 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, City Council approved a resolution on Monday, February 12, 2007 to accept the donation from the Board of Directors of the Friends of the Grace A. Dow Memorial Library to the Grace A. Dow Memorial Library to fund the newspaper digitization project; and

WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, February 26, 2007, on a proposal to amend the 2006-2007 Grace A. Dow Memorial Library Fund Budget to recognize unanticipated revenues of $35,000 and to appropriate funds for the newspaper digitization; now therefore

RESOLVED, that the 2006-2007 Grace A. Dow Memorial Library Fund Budget is hereby amended to increase both revenues and expenditures by $35,000 to recognize unanticipated revenues from contributions and to appropriate funds for the newspaper digitization project.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

RECREATION PROGRAM ORDINANCE AMENDMENTS

Public Services Assistant Director of Administration Karen Murphy presented information on the adoption of ordinances amending fees for recreation programs including Civic Arena fees, Golf Course fees and General Recreation fees.  The following three ordinance amendments were then presented for consideration:

 

CIVIC ARENA FEES

The following ordinance amending Civic Arena fees was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1629

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.    Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

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

 (1)

Individual Ice Skater – Adult

$      4.00

per session

(2)

Individual Ice Skater – Youth & Senior

$      3.00

per session

(3)

Skating Pass (25 admissions) – Adult

$    85.00

per pass

(4)

Skating Pass (25 admissions) – Youth & Senior

$    65.00

per pass

(5)

Skate Rental

$       2.00

per session

(6)

Rink Rental

$   180.00

per hour

(7)

Rink Rental (M-F, 6:00 a.m. – 2:00 p.m.)

$   130.00

per hour

(8)

Summer Rink Rental

$   180.00

per hour

(9)

Non-Ice Rental (Equivalent to 2 rinks)

$ 2000.00

per day

(10)

Non-Ice Rental (Equivalent to 1 rink)

$ 1000.00

per day

(11)

Non-Ice Rental (Equivalent to ½ rink)

$   500.00

per day

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

 

GOLF COURSE FEES

The following ordinance amending Golf Course fees was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1630

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

 

$11.50  per play

     Regular weekend

 

$12.50  per play

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

 

$  8.00  per play

18-hole rate

 

 

     Regular weekday

 

$20.00  per play

     Regular weekend

 

$23.00  per play

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

 

$13.00  per play

Twilight golf rate

 

 

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

 

$  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

 

$13.50  per play

     Regular weekend

 

$17.50  per play

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

 

$  9.50  per play

18-hole rate

 

 

     Regular weekday

 

$22.00  per play          

     Regular weekend

 

$30.00  per play

     Weekend after 2:00 p.m.

 

$24.00  per play

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

 

$15.50  per play

Twilight golf rate

 

 

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

 

$  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

 

$  715.00 per pass

     Double season pass

 

$1165.00 per pass

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

 

 

     Single season pass

 

$  650.00 per pass

     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

 

$440.00  per pass

     Double season pass

 

$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

 

$240.00  per pass

     Daily pass

 

$    6.00  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 the 2008 season if purchased before               

           December 31, 2007.

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 17 if appropriate.

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

 

GENERAL RECREATION FEES

The following ordinance amending General Recreation fees was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. 1631

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

$    6.00

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)

$  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

$  25.00

per use

 

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

$  25.00

per use

 

Barstow Woods

$  25.00

per use

 

Stratford Woods

$  25.00

per use

 

Chippewassee

$  25.00

per use

 

Emerson D

$  45.00

per use

 

Plymouth A (entire shelter)

$  55.00

per use

 

Unsheltered areas

$  15.00

per use

 

Addition of a canopy

$  25.00

per use

 

Delivery of picnic tables (up to 10 tables)

$  25.00

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.  (Ordinance ADOPTED.)

 

2007 ANNUAL SIDEWALK REPORT

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

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2007 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

2007-08 CONSTRUCTION PROJECT PRIORITIES LIST

City Engineer Brain McManus presented the 2007-08 Construction Project Priorities List.  Chris Tointon, CEO of the Midland Community Center, Bill Daily and Ralph Brozzo, members of the MCC Operating Board, all spoke in support of the George Street relocation proposal.  Larry Pillepich, 3602 McKeith, suggested some alternative street closure/relocation options for the George Street project.  Alex Irigoyen, 3717 Woodlawn Street, representing the Nicolaos Rapanos family, spoke regarding the proposed closure of Austin Street, Bay City Road, and Washington Street and how the proposed relocation of this thoroughfare would have an adverse impact on their James Savage Road business properties.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2007-2008 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; now therefore

RESOLVED, that City Council hereby approves said proposed construction project listing for 2007-2008 and directs the City Administration to include funding requests for the proposed projects in the 2007-2008 budget; and

RESOLVED FURTHER, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion ADOPTED.)

 

2006 ANNUAL REPORT

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2006 Annual Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)

 

LETTS ROAD PROJECT – JOHNSTON WARRANTY DEED

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

 

WHEREAS,  the City of Midland desires to extend Letts Road from the east end of Commerce Drive easterly to the intersection of Letts Road at Jefferson Avenue and has future plans to extend a road north from said proposed Letts Road along the North-South ¼ line of Section 33, and that road right-of-way is required to construct said roads; and

WHEREAS,  the D & M Johnston Family, LLC owns property from the east end of Commerce Drive to the North-South ¼ line of Section 33 for the Letts Road project and north along the west side of said North-South ¼ line for said future street; now therefore

RESOLVED, that the attached Warranty Deed from the D & M Johnston Family, LLC to the City of Midland, for the extension of Letts Road and for a future road along the North-South ¼ line in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Warranty Deed is ordered recorded; and

RESOLVED FURTHER, that payment to D & M Johnston Family, LLC in the amount of $17,600 is hereby approved.  (Motion ADOPTED.)

 

MIDLAND STADIUM CONCESSIONS

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

 

RESOLVED, that the request from MIDLAND STADIUM CONCESSIONS, LLC FOR A NEW 12 MONTHS RESORT ECONOMIC DEVELOPMENT CLASS C LICENSE ISSUED UNDER MCL 436.1531(4) WITH DANCE-ENTERTAINMENT PERMIT TO BE LOCATED AT 825 E. MAIN STREET, MIDLAND, MI  48640; MIDLAND COUNTY be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-06-31

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

 

RESOLVED, that Traffic Control Order No. P-06-31 filed November 8, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That standing, stopping, and parking shall be prohibited on the north side of Sugnet Road from the crosswalk located on the west side of Baldwin Street to 50 feet east.

is hereby made permanent.  (Motion ADOPTED.)

 

2006 SWEDE AVENUE RECONSTRUCTION; CHANGE ORDER NO. 3

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

 

WHEREAS, City Council awarded the construction contract for the 2006 Swede Avenue Reconstruction; Contract No. 8 to Pat’s Gradall Service, Inc. on June 26, 2006 for the reconstruction of Swede Avenue from Wheeler Street to Wackerly Street; and 

WHEREAS, during said construction, a southbound right turn lane was installed on Swede Avenue north of Wheeler Street and cannot be safely utilized without widening the east side of Swede Avenue south of Wheeler Street, to keep the traffic lane lines in alignment and the cost to widen the east side of Swede Avenue south of Wheeler Street is $20,780; and

WHEREAS, Pat’s Gradall Service, Inc. has agreed to complete the widening of the east side of Swede Avenue south of Wheeler Street as Change Order No. 3 to the 2006 Swede Avenue Reconstruction; Contract No. 8 in the amount of $20,780 and sufficient funding exists within the Swede Avenue Reconstruction project of the Major Street Fund to fund said change order; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 3 to the 2006 Swede Avenue Reconstruction; Contract No. 8 in the amount of $20,780.  (Motion ADOPTED.)

 

CONTRACTED APPRAISAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2006 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Baker & O’Brien and Andrew B. Chamberlain have been retained in assisting the City of Midland in its defense of said appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2006-2007 Appraisal Fees budget for the MCV tax appeal cases; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the appraisal firms of Baker & O’Brien and Andrew B. Chamberlain for their assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $125,000.   (Motion ADOPTED.)

 

CONTRACTED LEGAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2006 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firms of Braun, Kendrick, Finkbeiner, P.L.C. and Westrate and Thomas, P.C., formerly known as Westrate and Holmstrom, P.C., have been utilized in assisting the City of Midland in its legal defense of said appeal; and

WHEREAS, on October 9, 2006, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. and Westrate and Thomas, P.C. for the aforementioned services in a total amount not to exceed $5,950,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2006-2007 Legal Fees budget for the MCV tax appeal cases; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C. and Westrate and Thomas, P.C. for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $6,200,000.  (Motion ADOPTED.)

 

PROPOSED 2006-07 DDA 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 12, 2007 in the Council Chambers of City Hall on the proposal to amend the 2006-2007 Downtown Development Authority budget to provide $100,000 of funding for a Downtown Redevelopment & Design Study.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 10:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk