February 22, 2010

A regular meeting of the City Council was held on Monday, February 22, 2010, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present:	Thomas Adams, Maureen Donker, Scott Gaynor, Bruce Johnson, Marty Wazbinski
Councilmen absent:	None

MINUTES

Approval of the minutes of the February 15, 2010 special and regular meetings was offered by Councilman Adams and seconded by Councilman Gaynor. (Motion ADOPTED.)

PUBLIC COMMENTS

No public comments were made.

PARKS AND RECREATION MASTER PLAN

Department of Public Services Director Karen Murphy presented the Parks and Recreation Master Plan draft and a resolution scheduling a public hearing on the plan. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

WHEREAS, the Parks and Recreation Commission has worked closely with the staff and representatives of Spicer Group to develop a Parks and Recreation Master Plan; and

WHEREAS, the Commission recommended adoption of the draft by a 9-0 vote at their meeting of December 1, 2009; now therefore

RESOLVED, that the City Council hereby receives the draft of the Parks and Recreation Master Plan; and

RESOLVED FURTHER, that the City Council hereby schedules a public hearing on the Parks and Recreation Master Plan for Monday March 8, 2010 at 7:00 p.m. in City Hall Council Chambers. (Motion ADOPTED.)

REVISED PARK RULES AND REGULATIONS

Department of Public Services Director Karen Murphy presented information on a revision to Sec. 11-B-3 of the Park Rules and Regulations. The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

RESOLVED, that Section 11-B-3 of the Park Rules and Regulations adopted June 2, 1975 pursuant to Section 17-9 of the Code of Ordinances is hereby revised as recommended by the Parks and Recreation Commission. (Motion ADOPTED.)

CURRIE MUNICIPAL GOLF COURSE

Fiscal Services Director David Keenan presented a deficit elimination plan for Currie Municipal Golf Course and a resolution accepting gifts to fund development of an operational and business plan for the Currie Municipal Golf Course. The following two resolutions were then presented for consideration.

CURRIE MUNICIPAL GOLF COURSE – DEFICIT ELIMINATION PLAN

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

WHEREAS, the City of Midland’s Currie Municipal Golf Course Fund has an Unrestricted Net Asset deficit balance of $1,169,331, as of June 30, 2009; and

WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan be formulated by the local unit of government and be filed with the Michigan Department of Treasury: now therefore

RESOLVED, that the City of Midland’s City Council adopts the following as the Currie Municipal Golf Course’s Deficit Elimination Plan:

(Motion ADOPTED.)

CURRIE MUNICIPAL GOLF COURSE OPERATIONAL & BUSINESS PLAN

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

WHEREAS, the City of Midland desires to contract with expert consultants in the industry of golf course management and operations to perform a study of and provide a business plan for the Currie Municipal Golf Course; and

WHEREAS, the cost of obtaining such services is expected to cost $50,000; and

WHEREAS, to finance the cost of these services, contributions to the City have been made by the Rollin M. Gerstacker Foundation for $15,000, by the Herbert H. and Grace A. Dow Foundation for $15,000, by the Currie family for $10,000, and by the Midland Area Community Foundation for $10,000; now therefore

RESOLVED, that the City of Midland graciously accepts these generous donations. (Motion ADOPTED.)

2010 ANNUAL SIDEWALK REPORT

City Engineer Brian McManus presented the 2010 Annual Sidewalk Report. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2010 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office. (Motion ADOPTED.)

LIQUOR LICENSES ANNUAL REVIEW

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

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to submit an annual review of each liquor licensee to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licenses is hereby received and ordered placed on file in the Office of the City Clerk. (Motion ADOPTED.)

EASEMENT AGREEMENT – APOTHECARY SHOPPE PROPERTY

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

RESOLVED, that the attached Easement Agreement from Midland Equities, LLC, to the City of Midland, for public water mains on their private Apothecary Shoppe site on Fast Ice Drive in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded. (Motion ADOPTED.)

ANNEXATION FROM LINCOLN TWP – 1321 E. WACKERLY ROAD

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

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

PART OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, TOWN 15 NORTH, RANGE 1 EAST, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH-SOUTH ¼ LINE OF SECTION 35 THAT IS NORTH 00D 36M 25S EAST, 660.00 FEET FROM THE SOUTH ¼ CORNER; THENCE CONTINUING NORTH 00D 36M 25S EAST, 667.57 FEET ALONG THE NORTH-SOUTH ¼ LINE TO THE SOUTH 1/8 LINE; THENCE SOUTH 89D 58M 47S EAST, 223.22 FEET ALONG THE SOUTH 1/8 LINE TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. 10; THENCE SOUTH 49D 41M 12S EAST, 556.02 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF CURVATURE OF A 2967.79 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHEASTERLY, 432.44 FEET ALONG THE ARC OF SAID CURVE AND HAVING A LONG CHORD BEARING SOUTH 53D 51M 39S EAST; THENCE SOUTH 0D 25M 11S WEST, 713.15 FEET TO THE SOUTH SECTION LINE; THENCE NORTH 89D 59M 11S WEST, 449.95 FEET ALONG THE SOUTH SECTION LINE; THENCE NORTH 00D 36M 25S EAST, 325.00 FEET PARALLEL WITH THE NORTH-SOUTH ¼ LINE; THENCE NORTH 89D 59M 11S WEST, 225.00 FEET PARALLEL WITH THE SOUTH SECTION LINE; THENCE NORTH 00D 36M 25S EAST, 335.00 FEET PARALLEL WITH THE NORTH-SOUTH ¼ LINE; THENCE NORTH 89D 59M 11S WEST, 330 FEET PARALLEL WITH THE SOUTH SECTION LINE TO THE POINT OF BEGINNING. CONTAINING 18.14 ACRES AND SUBJECT TO THE SOUTH 33 FEET THEREOF FOR WACKERLY ROAD.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Lincoln by the property owners who hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Lincoln; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk. (Motion ADOPTED.)

CENTER CITY AUTHORITY – RAPANOS APPOINTMENT

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

RESOLVED, that in accord with Sec. 30-16(a) of the Code of Ordinances, the City Council confirms the City Manager’s appointment of Christine Rapanos to the Center City Authority to fill an unexpired term to expire June 30, 2013. (Motion ADOPTED.)

MIDLAND AREA HOMES – CHARITABLE GAMING LICENSE

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

RESOLVED, that the request from Midland Area Homes of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval. (Motion ADOPTED.)

WINTER BLEND DIESEL FUEL PURCHASE

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

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,690 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $26,914.54 executed by the Purchasing Agent on February 9, 2010, is hereby approved. (Motion ADOPTED.)

WWTP COLLECTION SYSTEM & TREATMENT OPERATIONS – PO INCREASE

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

WHEREAS, the Wastewater Treatment Plant was built in the early 1960’s, while the age of the pump stations range from the 1950’s to present; and

WHEREAS, the sanitary sewer collection system is comprised of a system of underground pipes that convey sanitary sewage through a network of gravity sewers and pump stations/force mains to convey sanitary sewage to a single point for treatment at the Wastewater Treatment Plant; and

WHEREAS, at the beginning of this fiscal year, a purchase order was administratively approved in the amount of $20,000.00 to Standard Electric Co. of Midland for the purchase of repair parts for the City’s sanitary sewer collection and treatment equipment; and

WHEREAS, staff continually updates electrical parts and control devices to ensure reliability, and the department repair parts needs for the remainder of the year requires Council approval; and

WHEREAS, funds are available in the 2009/10 Wastewater fund budget account 590-8241-821.78-05 – Repair Parts for this purpose; now therefore

RESOLVED, that an increase of $10,000.00 to the existing purchase order amount of $20,000.00 to Standard Electric Co. is hereby authorized, bringing the total purchase order to $30,000.00 for repair parts used in wastewater collection system and treatment operations, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland. (Motion ADOPTED.)

ZONING TEXT AMENDMENT – SECTION 21

The following ordinance was offered by Councilman Adams and seconded by Councilman Gaynor:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 22, 2010, 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 publish said notice on March 5, 2010.

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 ORDINANCE TO AMEND ARTICLE 21.00 TO INCLUDE THE DNO – DOWNTOWN NORTHSIDE OVERLAY DISTRICT.

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:

ARTICLE 21.00 - BUSINESS

See attached.

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.)

Being no further business the meeting adjourned at 7:40 p.m.

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Selina Tisdale, City Clerk