March 12, 2007

 

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

 

2006 BETTE R. TOLLAR CIVIC COMMITMENT AWARD

Director of Public Services Martin McGuire introduced Howard Garrett, Chairman of the Beautification Advisory Commission who presented the 2006 Bette R. Tollar Civic Commitment Award to Midland Downtown Development Authority Executive Director Christin O’Callaghan.

 

2006-07 DDA BUDGET AMENDMENT

Downtown Development Authority Executive Director Christin O’Callaghan introduced an amendment to the 2006-07 Downtown Development Authority budget to provide funding for the Redevelopment & Design Study for Downtown Midland.  A public hearing opened at 7:10 p.m., recognizing no comments, the hearing closed at 7:10 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, that in accord with Sections 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, March 12, 2007, on the proposal to amend the 2006/2007 Downtown Development Authority budget to provide $100,000 of funding for the Downtown Midland Redevelopment & Design Study; now therefore

RESOLVED, that the 2006/2007 Downtown Development Authority budget be amended to increase appropriations by $100,000 for reasons provided in the preceding paragraph.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington Street, expressed his discontent with the demolition of the Midland Civic Arena and the proposed project to relocate George Street.

 

GOLF COURSE FEES ORDINANCE AMENDMENT (1ST reading)

Department of Public Services Director Martin McGuire presented information on an ordinance amending Sec. 21-71 of Div. 2 of Article II of Chapter 21 – Golf Course fees – by adding rates for power cart rental.  Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

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

Currie East Municipal Golf Course

9-hole rate

 

 

     Regular weekday

 

$11.50  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

POWER CARTS

 

 

     9 HOLES PER PERSON

 

NOT TO EXCEED $9.00

     18 HOLES PER PERSON

 

NOT TO EXCEED $15.00

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.  (Motion ADOPTED.  Considered first reading.)

 

CONDEMNATION PROCEEDINGS AUTHORIZATION – MBS AIRPORT

Assistant City Manager Jack Duso presented a resolution authorizing condemnation proceedings at MBS International Airport.  MBS International Airport Manager Jeff Nagel then spoke on the MBS Airport Terminal project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the MBS International Airport Commission, acting pursuant to the Aeronautics Code of the State of Michigan (MCL 259.134) has determined that MBS International Airport  should be improved for public purposes and public necessity by the construction of a new passenger terminal, parking lot, access roads, aircraft ramps and related aeronautical facilities, and has further determined that to make the intended improvements to the MBS International Airport aeronautical facilities it is necessary to acquire the parcel of real property as described below by condemnation proceedings; and

WHEREAS, condemnation proceedings to acquire real property for MBS International Airport purposes shall be instituted jointly in the names of the City of Saginaw, Michigan; City of Midland, Michigan; and the County of Bay, Michigan, (MCL 259.134(d)); and

WHEREAS, the MBS International Airport Commission, acting pursuant to the Aeronautics Code of the State of Michigan (MCL 259.126) may act for and on behalf of the owner political subdivisions to institute and maintain a condemnation action; and

WHEREAS, the City of Midland, Michigan determines and declares in accordance with the provisions of MCL 259.132 that the interests of the public are served by improving the aeronautical facilities of MBS International Airport as planned and undertaken by the MBS International Airport Commission, and that it is necessary to acquire certain parcels of real property owned by Ronald F. Kraus, Trustee under the Ronald F. Kraus Trust, dated February 1, 2001 and described as follows:

Parcel A

            Land situated in the County of Saginaw, Township of Tittabawassee, State of Michigan, is described as, the South ½ of the Southwest ¼ of Section 11, Town 13 North, Range 3 East; excepting therefrom the South 220 feet of the North 631 feet of the West 198 feet; also excepting therefrom, commencing at the Southwest corner of said South ½ of the Southwest ¼ of Section 11, running thence East on the South Section line 607.5 feet; thence North 44 degrees 04 minutes West, a distance of 433.4 feet; thence North 37 degrees 9 minutes West, a distance of 478 feet to the West Section line; thence South 685.3 feet to the place of beginning.

Parcel B

Land situated in the County of Saginaw, Township of Tittabawassee, State of Michigan, is described as:  the South 220 feet of the North 631 feet of the West 198 feet of the South ½ of the Southwest ¼ of Section 11, in Town 13 North, Range 3 East.

Parcel C

            Land situated in the County of Saginaw, Township of Tittabawassee, State of Michigan, is described as:  the East ½ of the West ½ of the Southeast ¼; excepting a triangular part located in Southeast corner thereof; thence North on the East line thereof 185.30 feet; thence Southwesterly to a point on South line of Section 11, 185.80 feet from point of beginning; thence East to the point of beginning.

Parcel D

            Land situated in the County of Saginaw, Township of Tittabawassee, State of Michigan, is described as:  the West ½ of the West ½ of the Southeast ¼ of Section 11, Town 13 North, Range 3 East; now therefore

RESOLVED, that the City of Midland authorizes the MBS International Airport Commission to institute and maintain on its behalf a condemnation action jointly with the City of Saginaw, Michigan and the County of Bay, Michigan to acquire as tenants in common for public purposes and public necessity the parcels of the real property hereinbefore described.  (Motion ADOPTED.)

 

STATEMENT IN SUPPORT OF THE NATIONAL GUARD AND RESERVE

Human Resources Director Paula Whittington presented a resolution authorizing the Mayor to sign a Statement of Support for the National Guard and Reserve and introduced Mr. Jeff Eagle of the Michigan Committee for Employer Support of the Guard and Reserve who presented the Statement of Support.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, the Michigan Committee for the Support of the Guard and Reserve, an agency of the Department of Defense, has presented a Statement of Support for City Council approval; and

WHEREAS, City Council has a long history of providing support to City employees serving in the Guard and Reserve; and

WHEREAS, the Statement of Support is a pledge by the City that we will abide by state and federal laws and will not discriminate against our employees who serve as members of the Guard and Reserve;  now therefore

RESOLVED, that the Mayor is authorized to sign the Statement of Support on behalf of the City Council.  (Motion ADOPTED.)

 

2007 SIDEWALK IMPROVEMENT PROGRAM

Assistant City Engineer Bradd Maki presented a resolution directing the City Manager to prepare a report on the 2007 Sidewalk Improvement Program.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

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:

   Jefferson Avenue (both sides)       from Soccer Drive to Joe Mann Boulevard

   Novak Street (west side)                from Shreeve Street to Ashman Street

   Wheeler Street (north side)            from Washington Street to Claremont Street

; now therefore

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

 

PURCHASE AGREEMENT FOR HOUSE AT 1311 W. UNION

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

 

WHEREAS, the City of Midland desires to enter into an agreement for the purchase of a house at 1311 W. Union Street, in the City of Midland; and

WHEREAS, an agreement to purchase the property at 1311 W. Union Street was submitted by Mr. William Scott, in the amount of Twenty-Five Thousand Dollars; and

WHEREAS, the present owner of the property, Mr. William Scott, 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.)

 

SHOPPING AREA REDEVELOPMENT DISTRICT

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

 

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications and diagrams) on the request for the establishment of the 2007/2008 – 2008/2009 Special Assessment District for the Shopping Area Redevelopment District.  (Motion ADOPTED.)

 


WAYFINDING SIGNAGE – MDOT REGULATIONS

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

 

WHEREAS, the City of Midland, in cooperation with the Entranceways Initiative Task Force, is undertaking a Wayfinding Signage Program within the community; and

WHEREAS, the signage program will include placement of signs on rights-of-way controlled by the Michigan Department of Transportation; and

WHEREAS, the Michigan Department of Transportation requires evidence that the City will comply with Department guidelines regarding permit requirements, installation and maintenance; and

WHEREAS, the Michigan Department of Transportation requires that the City assumes all costs for the wayfinding signs; now therefore

RESOLVED, that the City of Midland hereby agrees, in connection with the City’s wayfinding signs placed on State controlled rights-of-way, to comply with the Michigan Department of Transportation permit requirements, installation and maintenance guidelines; and

RESOLVED FURTHER, that the City, in cooperation with the Entranceways Initiative Task Force, will assume all costs for the Wayfinding Program.  (Motion ADOPTED.)

 

MICHIGAN ICE SOFTBALL TEAM – USE OF CURRIE STADIUM

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

 

WHEREAS, The Michigan Ice Professional Softball Team played its inaugural season in Midland in 2006-07; and

WHEREAS, The Michigan Ice has requested permission to:

1)            Use Currie Stadium on twelve dates in 2007 at a cost of $200 per date

2)            Charge $5 per person for each of the twelve dates

3)            Sell alcoholic beverages in conjunction with the games

4)            Display fireworks in conjunction with two of the dates; and

WHEREAS, the Parks and Recreation Commission at their meeting of March 6, 2007 voted 5-3 to recommend to City Council that the request be approved provided that $1000 of the $2400 total be paid prior to the start of the season; now therefore

RESOLVED, that the request as detailed herein is approved; and

RESOLVED FURTHER, that the Michigan Ice will be required to pay $1000 prior to the first game of the season.  (Motion ADOPTED.)

 

FORKLIFT PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of one forklift, Bid No. 2996; and

WHEREAS, funding for the forklift is included in the 2006-07 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to HP Forklift, Inc. of Saginaw, Michigan in the net amount of $22,671.00 for the purchase of one forklift, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 


PROPOSED GOLF COURSE BUDGET AMENDMENT

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

 

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., April 9, 2007, in the Council Chambers of City Hall on the proposal to amend the 2006-2007 budget of the Golf Course Fund as follows:

GOLF COURSE FUND                                       CURRENT               PROPOSED

    Sources of Funds:

           Operating revenues                                    867,738                         967,616

           Other revenues                                                  962                           48,811

                    Total Sources of Funds                   $868,700                    $1,016,427

    Appropriations:

           Operating expenses                                   839,228                         974,019

           Capital expenses                                               0                                 5,000

           Contingencies                                               10,000                           10,000

           Working capital                                             19,472                           27,408

                    Total Appropriations                         $868,700                    $1,016,427

(Motion ADOPTED.)

 

ZONING PETITION NO. 541

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, February 13, 2007 for property located at 1314 West Wheeler Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 9, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on March 23, 2007 and to publish said notice on March 24, 2007.

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 REGIONAL COMMERCIAL ZONING WHERE AN OFFICE SERVICE 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:

That part of the south ½ of the southwest ¼ of section 4, T14N, R2E, City of Midland, Midland County, Michigan, Described as beginning at the intersection of the west 1/8 line and the south section line; thence north 215 feet; thence west 332.88 feet; thence south 215 feet; thence along the south section line east 333.47 feet to the point of beginning. Containing 1.64 acres, more or less, and subject to any restrictions or easements of record.

Be, and the same is hereby changed to Regional Commercial.

The uses excluded are:  Automotive Uses:  Auto parts sales; Automobile filling station; Automobile or vehicle dealership; Automobile repair garage, major; Automobile repair garage, minor; Automobile service stations; Automobile wash; Muffler sales; Tire Sales.  Commercial Uses:  Adult Regulated Uses; Convenience stores; Restaurant, bar/lounge; Restaurant with drive-in or drive-up windows. 

The remaining portion of the property described below shall remain Office Service.

That portion of the South ½ of the Southwest ¼ of Section 4, T14N, R2E, City of Midland, Midland County, Michigan Described as commencing at the intersection of the west 1/8 line and the south section line, thence north 215 feet to the point of beginning; thence west 332.88 feet, thence north 25 feet; thence east 282.81 feet; thence north 50 feet; thence east 50 feet, thence south 75 feet to the point of beginning. Containing 0.25 acres, more or less, and subject to any restrictions or easements of record.

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.  (Motion ADOPTED.  Considered first reading.)

 

Being no further business the meeting adjourned at 8:10 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk