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.
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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 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
WHEREAS, a report has been
received from the Midland
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
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
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:
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(1) |
Individual
Ice Skater – Adult |
$ 4.00 |
per session |
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(2) |
Individual
Ice Skater – Youth & Senior |
$ 3.00 |
per session |
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(3) |
Skating
Pass (25 admissions) – Adult |
$ 85.00 |
per pass |
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(4) |
Skating
Pass (25 admissions) – Youth & Senior |
$ 65.00 |
per pass |
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(5) |
Skate
Rental |
$ 2.00 |
per session |
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(6) |
Rink Rental |
$ 180.00 |
per hour |
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(7) |
Rink Rental
(M-F, |
$ 130.00 |
per hour |
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(8) |
Summer Rink
Rental |
$ 180.00 |
per hour |
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(9) |
Non-Ice
Rental (Equivalent to 2 rinks) |
$ 2000.00 |
per day |
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(10) |
Non-Ice
Rental (Equivalent to 1 rink) |
$ 1000.00 |
per day |
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(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:
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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 |
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18-hole rate |
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Regular weekday |
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$20.00
per play |
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Regular weekend |
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$23.00
per play |
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Senior & Youth weekday ( |
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$13.00
per play |
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Twilight golf rate |
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(after |
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$
7.50 per play |
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(after |
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Winter rate |
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(November 1 – March 1) |
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$
5.00 per play |
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Lunch Time Special (5-hole: 11:00 a.m. –
1.00 p.m. M-Th) |
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$
7.00 per play |
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Currie West
Municipal Golf Course |
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9-hole rate |
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Regular weekday |
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$13.50
per play |
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Regular weekend |
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$17.50
per play |
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Senior & Youth weekday ( |
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$ 9.50
per play |
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18-hole rate |
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Regular weekday |
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$22.00
per play |
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Regular weekend |
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$30.00
per play |
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Weekend after |
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$24.00
per play |
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Senior & Youth weekday ( |
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$15.50
per play |
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Twilight golf rate |
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(after |
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$
9.00 per play |
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(after |
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Winter rate |
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(November 1 – March 1) |
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$
5.00 per play |
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Lunch Time Special (5-hole: 11:00 a.m. –
1.00 p.m. M-Th) |
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$
7.00 per play |
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Currie East and
Currie West Municipal Golf Courses |
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Unlimited play |
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Single season pass |
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$
715.00 per pass |
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Double season pass |
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$1165.00 per pass |
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Restricted play (unlimited East Course
play, weekdays and after 2:00 p.m. weekends on West Course) |
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Single season pass |
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$
650.00 per pass |
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Double season pass |
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$1060.00 per pass |
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Senior & Youth unlimited play |
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Single season pass |
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$
635.00 per pass |
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Double season pass |
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$1035.00 per pass |
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Senior & Youth restricted play (unlimited East Course play, weekdays and
after 2:00 p.m. weekends on West Course) |
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Single season pass |
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$575.00
per pass |
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Double season pass |
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$940.00
per pass |
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Senior & Youth limited play (9 holes
weekdays before 3:00 p.m. with differential for non-discounted times) |
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Single season pass |
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$440.00
per pass |
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Double season pass |
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$725.00
per pass |
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Family pass – additional family member
from same household |
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$410.00
per pass |
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Trail Fee (private carts when owner or
member of immediate family is present) |
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Season pass |
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$240.00
per pass |
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Daily pass |
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$
6.00 per pass |
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Differential
rates for Senior & Youth limited pass |
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Currie East Municipal Golf Course |
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9 hole rate |
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Weekday |
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$
3.50 per play |
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Weekend |
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$ 4.50
per play |
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18 hole rate |
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Weekday |
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$ 7.00
per play |
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Weekend |
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$10.00 per play |
Currie West Municipal Golf Course |
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9 hole rate |
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Weekday |
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$
4.00 per play |
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Weekend |
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$
8.00 per play |
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18 hole rate |
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Weekday |
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$ 6.50
per play |
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Weekend |
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$14.50 per play |
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Par 3 – Regular |
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$6.50
per play |
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Par 3 – Senior and Youth |
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$4.50
per play |
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20-play pass (9 holes) – Weekday only |
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$220.00 per pass |
Note: Season Pass rates will remain in effect for the 2008 season if purchased before
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
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
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
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(1) |
Adult softball player |
$
18.00 |
per player |
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(2) |
Adult softball player (2nd
team) |
$
18.00 |
per player |
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(3) |
Adult softball player - Fall League |
$
5.00 |
per player |
|
(4) |
Each softball team in individual
tournaments |
$
20.00 |
per team |
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(5) |
Youth softball player |
$
6.00 |
per player |
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(6) |
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$
6.00 |
per player |
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(7) |
Ski rental (each
2 hours or part thereof) |
$
6.00 |
per hour |
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(8) |
Toboggan rental
(per hour two-hour maximum) |
$
4.00 |
per hour |
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(9) |
Chalet building rental (2 hour minimum) |
$ 30.00 |
per hour |
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After 2 hour minimum |
$ 20.00 |
per hour |
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(10) |
Currie West Clubhouse rental (2 hour
minimum) |
$
50.00 |
per hour |
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After 2 hour minimum |
$
35.00 |
per hour |
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(11) |
Picnic kit deposit |
$
15.00 |
per kit |
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(12) |
Summer play program (entire 8 week
program) |
no charge |
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(13) |
Summer play program (per day charge) |
no charge |
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(14)* |
Picnic shelter reservations |
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Emerson
A-1, Emerson E |
$
25.00 |
per use |
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$
25.00 |
per use |
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$
25.00 |
per use |
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$
25.00 |
per use |
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Chippewassee |
$
25.00 |
per use |
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Emerson D |
$
45.00 |
per use |
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$
55.00 |
per use |
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Unsheltered
areas |
$
15.00 |
per use |
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Addition of
a canopy |
$
25.00 |
per use |
|
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Delivery of
picnic tables (up to 10 tables) |
$
25.00 |
per use |
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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
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:
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
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
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