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 |
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
( |
|
$ 8.00 per play |
|
18-hole rate |
|
|
|
Regular weekday |
|
$20.00 per play |
|
Regular weekend |
|
$23.00 per play |
|
Senior & Youth weekday
( |
|
$13.00 per play |
|
Twilight golf rate |
|
|
|
(after |
|
$ 7.50 per play |
|
(after |
|
|
|
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
( |
|
$ 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 |
|
Senior & Youth weekday ( |
|
$15.50 per play |
|
Twilight golf rate |
|
|
|
(after |
|
$ 9.00 per play |
|
(after |
|
|
|
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
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
; 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.,
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
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