February 14, 2011
A regular meeting of the City Council was
held on Monday, February 14, 2011, 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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the January 24, 2011
regular meeting was offered by Councilman Brooks and seconded by Councilman Adams. (Motion ADOPTED.)
Communications Coordinator Libby Richart
introduced Marilyn Rease, Outreach Coordinator for MidMichigan Community Action
Committee. The following resolution was
then offered by Councilman Wazbinski and seconded by Councilman Johnson:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 26, 2011 as Walk for Warmth Day in Midland. (Motion ADOPTED.) Mayor Donker presented Marilyn Rease with the proclamation.
City Assessor Reid Duford presented information on a request from Better Grounds, LLC to establish an Obsolete Property Rehabilitation District located at 114 E. Main Street. A public hearing opened at 7:16 p.m. Petitioner David Helgerson spoke regarding the development project and requested City Council support of the request. Downtown Development Authority (DDA) Executive Director Selina Tisdale shared the DDA board’s support of this development project and its recommendation that City Council approve the request. The public hearing closed at 7:30 p.m. The following resolution was then offered by Councilman Brooks and seconded by Councilman Johnson:
WHEREAS, Better Grounds, LLC by means of a
letter dated January 18, 2011 which was received by the City Clerk on January
18, 2011, has requested the establishment of an Obsolete Property
Rehabilitation District with the proposed district being described as follows:
NW 40 FT OF LOT 3 BLK 12 EXC SW 20 FT OF NW
20 FT ORIGINAL PLAT OF MIDLAND and,
SW 20 FT OF LOT 4 & SW 20 FT OF NW 20 FT
OF LOT 3 BLK 12 ORIGINAL PLAT OF MIDLAND and,
NW 100 FT OF NE 20 FT OF LOTS 5 & 6 BLK
12 ORIG PLAT OF MIDLAND
; and
WHEREAS, Better Grounds, LLC is the property
owner of more than 50% of the taxable value within the proposed district; and
WHEREAS,
the request for the establishment of the proposed district is in connection
with a proposed future rehabilitated facility, the construction, acquisition,
alteration or installation of which has not commenced at the time the request
was filed; and
WHEREAS, the City Council of the City of
Midland has caused written notice by certified mail to be sent to the owners of
all real property within the proposed Obsolete Property Rehabilitation District
and has held a public hearing on February 14, 2011 to afford the owner and any
other resident or taxpayer of the City of Midland an opportunity to be heard on
the petition of Better Grounds, LLC for the establishment of this Obsolete
Property Rehabilitation District; now therefore
RESOLVED, that it appears and it is hereby
determined that the applicable criteria contained in Public Act 146 of the
Public Acts of the State of Michigan of 2000 have been met; and
RESOLVED FURTHER,
that the above-described property is hereby established as Better Grounds
Obsolete Property Rehabilitation District No. 1 within the meaning of said
Public Act 146. (Motion ADOPTED. Yeas:
Adams, Brooks, Donker, Wazbinski Nays:
Johnson)
No public comments were made.
Assistant City Manager Jack Duso presented
information on an ordinance amending Section 21-71 of Division 2 of Article II
of Chapter 21 – Golf Course Fees. Introduction
and first reading of the following ordinance amendment was then offered by
Councilman Wazbinski 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:
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Currie East
Municipal Golf Course Daily Fees |
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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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$15.00 per play |
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Senior weekday (7:00 a.m. –
3:00 p.m.) |
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$ 8.00 per play |
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Youth weekday & weekend |
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$ 5.00 per play |
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18-hole rate |
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Regular weekday |
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$18.00 per play |
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Regular weekend |
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$25.00 per play |
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Senior weekday (7:00 a.m. –
3:00 p.m.) |
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$13.00 per play |
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Youth weekday & weekend |
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$ 9.00 per play |
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Currie West
Municipal Golf Course Daily Fees |
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9-hole rate |
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Regular weekday |
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$15.00 per play |
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Regular weekend |
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$21.00 per play |
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Senior weekday (7:00 a.m. –
3:00 p.m.) |
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$10.00 per play |
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Youth weekday & weekend |
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$ 8.00 per play |
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18-hole rate |
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Regular weekday |
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$25.00 per play |
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Regular weekend |
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$35.00 per play |
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Senior weekday (7:00 a.m. –
3:00 p.m.) |
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$17.00 per play |
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Youth weekday & weekend |
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$12.00 per play |
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Currie East and
Currie West Municipal Golf Courses Membership Fees Season
Membership privileges good April 1 through |
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Single Season Membership |
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Couple season Membership |
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SENIOR SINGLE SEASON MEMBERSHIP |
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$1050.00 PER MEMBERSHIP |
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SENIOR COUPLE SEASON
MEMBERSHIP |
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$1785.00 PER MEMBERSHIP |
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SINGLE SEASON MEMBERSHIP
WITH CART |
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$1700.00 PER MEMBERSHIP |
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COUPLE SEASON MEMBERSHIP
WITH CART |
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$2890.00 PER MEMBERSHIP |
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SENIOR SINGLE SEASON
MEMBERSHIP WITH CART |
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$1550.00 PER MEMBERSHIP |
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SENIOR COUPLE SEASON
MEMBERSHIP WITH CART |
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$2635.00 PER MEMBERSHIP |
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YOUTH 90 DAY UNLIMITED PASS (JUNE 1 –
AUGUST 31) |
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$400.00 |
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Unlimited play - East Course Only |
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Single season Membership |
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Couple season Membership |
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SENIOR SINGLE SEASON
MEMBERSHIP |
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$750.00 PER MEMBERSHIP |
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SENIOR COUPLE SEASON
MEMBERSHIP |
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$1275.00 PER MEMBERSHIP |
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SINGLE SEASON MEMBERSHIP
WITH CART |
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$1350.00 per Membership |
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COUPLE SEASON MEMBERSHIP WITH CART |
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$2295.00 per Membership |
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SENIOR SINGLE SEASON
MEMBERSHIP WITH CART |
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$1250.00 PER MEMBERSHIP |
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SENIOR COUPLE SEASON
MEMBERSHIP WITH CART |
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$2125.00 PER MEMBERSHIP |
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* Currie East Members receive:
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CURRIE WEST 25
18-HOLE ROUND PUNCH PASS GOOD APRIL 1
THROUGH OCTOBER 31 |
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5 DAY REGULAR |
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$460.00 |
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7 DAY REGULAR |
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$560.00 |
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5 DAY SENIOR |
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$325.00 |
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7 DAY SENIOR |
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$490.00 |
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CURRIE EAST 25
18-HOLE ROUND PUNCH PASS GOOD APRIL 1 THROUGH OCTOBER 31 |
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5 DAY REGULAR |
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$335.00 |
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7 DAY REGULAR |
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$400.00 |
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5 DAY SENIOR |
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$245.00 |
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7 DAY SENIOR |
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$355.00 |
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Power Cart Fees |
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9 Holes per person |
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Not to exceed $ 9.00 |
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18 Holes per person |
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Not to exceed |
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Trail Fee (Private carts used only by owner or member of immediate
family.) All other riders must pay a
cart rental fee. |
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Season pass |
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Daily pass |
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$ 10.00 per pass |
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Par Three Course
Daily Fees |
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Par 3 – Regular |
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Par 3 – Senior |
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Par 3 – Youth |
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Driving Range
Fees |
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Driving Range |
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Medium Basket |
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Large Basket |
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Driving Range
Season Membership Fees |
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Single |
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Youth Golf Program |
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Program Fee |
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$70.00 or Youth Membership |
Senior is defined as 60 years of age and older.
Youth is defined as 18 years of age and under.
Couple is defined as husband and wife.
Family is defined as husband and wife and their children 18 years of age
and under.
Exception:
The Golf Course Manager is authorized with the approval of the City
Manager to reduce daily GOLF COURSE fees on a discretionary basis for
the purpose of marketing additional play.
Section 2. This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
Planning and Community Development Director
Keith Baker presented a resolution authorizing the execution of a deed for the
sale and transfer of city-owned vacant parcels located at 102 & 108 Ashman
Street. The following resolution was then
offered by Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, the City of Midland desires to enter into a contract for the sale of two parcels located at 102 & 108 Ashman Street in the City of Midland; and
WHEREAS, an agreement to purchase said property, dated April 8, 2010, was submitted by Grounds for a Better World, LLC, Mr. David Helgerson, Owner, of 2105 Springwood Drive, Midland, Michigan in the amount of $100.00 total for the two parcels; and
WHEREAS, the purchaser will be improving the property for parking and access as prescribed by the City; now therefore
RESOLVED, that all terms and conditions of the attached quitclaim deed are hereby approved; and
RESOLVED FURTHER, that the requirement of sealed proposals for sale of said properties is hereby waived as being impractical and unwarranted; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a quitclaim deed for the sale of this property on behalf of the City. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the Merit System Rules are prepared in
accordance with the City of Midland Code of Ordinances, Article III, Section
2-58; and
WHEREAS,
the City Manager recommends rules and regulations to the City Council for the
administration of employment practices; and
WHEREAS,
the City Manager is recommending a revision to the Merit System Rules under
Appendix I, Procedures Governing Temporary and Emergency Employment, Section A,
Temporary Appointments, Paragraph 2, Duration of Employment; now therefore
RESOLVED,
that the City Manager is authorized to amend Appendix I, Section A, Temporary
Appointments, Paragraph 2, Duration of Employment of the Merit System Rules to
permit temporary employees to work longer than a six (6) month period for a
seasonal recreational operation. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that Traffic Control Order No.
P-10-15 filed December 2, 2010 pursuant to Chapter 24 of the Code of Ordinances
to establish traffic control as follows:
That parking along
the southwest side of Larkin Street between Ashman Street and McDonald Street
shall be designated as three hour parking.
Further, that the existing traffic control order designating 15
minute parking be rescinded.
is hereby made permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that Traffic Control Order No.
D-10-02 filed December 14, 2010 pursuant to Chapter 24 of the Code of
Ordinances to establish traffic control as follows:
That the traffic
signal at the intersection of Sugnet Road and Washington Street shall operate
on full color 7 PM to 9 PM and “all red” four-way flash from 9 PM to 7 AM
Monday-Friday. The traffic signal shall
operate on “all red” four-way flash beginning at 9 PM Friday 7 AM Monday. Further, that the existing Traffic Control
Order D-00-04 be rescinded.
is hereby made permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and
WHEREAS, funds have been provided in the Local and Major Street Fund budgets; now therefore
RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Pyramid Paving & Contracting Co. of Bay City, Michigan for furnishing and loading onto City trucks approximately 800 tons of Bituminous Mixture #2 for hot mix patching at a cost of $48.30 per ton in accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and
WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore
RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Elmers Crane and Dozer, Inc. of Traverse City, Michigan for furnishing concrete and related materials at the unit prices contained in their January 18, 2011 response to our Bid No. 3305 in accord with the proposal and the City specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised and received in accord with Article
II of Chapter 2 of the Midland Code of Ordinances for furnishing 22A Crushed
Limestone; and
WHEREAS, funds have been provided in the General Fund and Local and
Major Street Fund budgets; now therefore
RESOLVED, that the City Purchasing Agent is authorized to issue a
purchase order to Elmers Crane and Dozer of Traverse City, Michigan for
delivering approximately 2,500 tons of 22A Crushed Limestone at a cost of
$12.38 per ton in accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
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 12,500 gallons of Winter Blend diesel fuel from
Hirschman Oil of Reese, Michigan for $34,562.50 executed by the Purchasing
Agent on January 31, 2011, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the ESRI three-year GIS software
maintenance and support subscription is due for renewal; and
WHEREAS, software maintenance and support is
directly provided by the manufacturer and is considered sole source; and
WHEREAS, sufficient funding exists in the
Information Services GIS Fund, and its 2010-11 budget includes sufficient
appropriations to pay the 2010-11 expenditures; now therefore
RESOLVED,
that the
Utilities Director Noel Bush presented an
Energy Purchase Agreement between Consumers Energy and the City of
Midland. The following resolution was then
offered by Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the City
of Midland Landfill Gas-To-Energy System is within 30 days of becoming
operational, which will convert waste landfill gas to usable and marketable
energy for the City of Midland; and
WHEREAS, one of
the final components of this project is to enter into a contract with Consumers
Energy Company (CE) for energy purchase in excess of the city's requirements;
and
WHEREAS, the
proposed contract being considered with CE is necessary if the City of Midland
intends to connect to the electric distribution system owned by CE; and
WHEREAS, CE
provided the city with two options; 1) the sale of excess power to CE with
renewable energy credits or 2) the sale of power in excess of the city's needs
to CE without renewable energy credits; and
WHEREAS, after
review with CE and consultants, it is believed to be in the best interest of
the city to retain the renewable energy credits for sale at a later date to a
third party; and
WHEREAS, the term
of the agreement is month-to-month with a one-month advance notice by either
party to terminate, while the price to be paid to the city at any given time
will be based on the spot market, or LMP (Locational Marginal Pricing), and is
expected to provide an average return to the city of $.025 cents per
kilowatt-hour based on historical LMP; and
WHEREAS, the
contract also provides for a monthly administrative charge to be paid to CE
based on one-tenth of a cent (0.1 cent) per kilowatt-hour for electric energy
delivered with a minimum and maximum charge established by a ratio of the
current year CPI (Consumer Price Index-Urban Wage Earners and Clerical Workers)
and CPI 1991; and
WHEREAS, the
contract further provides that if the Michigan Public Services Commission does
not allow CE to pass along the price it pays the city for power, CE is relieved
of paying such price to the city; and
WHEREAS, upon
approval and execution of the energy purchase agreement with Consumers Energy
the city will begin to realize energy savings, while continuing to seek
improved sales agreements for energy produced by the city and the associated
renewable energy credits; now therefore
RESOLVED, that the
Mayor and City Clerk are hereby authorized to execute the Energy Purchase
Agreement between the City of Midland and Consumers Energy Company, subject to
document approval by the City Attorney, which will allow for the sale of
electric energy generated by the city’s new gas-to-energy facility to Consumers
Energy Company. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, on December 17, 2007, Council approved Bid No. 3069 for a three-year lease of a Bomag BC1172RB-2 compactor (Bomag), at an annual lease cost of $207,350, with a buyout option at the end of the lease of $180,000; and
WHEREAS, exercising the buyout option will provide the City with a savings of $27,350 ($207,350 - $180,000) in 2010/11, and $207,350 in operating costs the following year; and
WHEREAS, the Utilities staff recommends the exercise of said buyout option, and funding is available in Landfill account #517.9120.97.025 – Capital Equipment; now therefore
RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order to Midland Engine is authorized in the amount of $180,000 for the buyout of the Bomag Compactor. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, a proposed Contract No. 11-5035 has been submitted to the City
of Midland by the Michigan Department of Transportation for approval of funding
for the resurfacing and reconstruction of various city streets; and
WHEREAS, the total estimated cost of the projects is $4,400,000 and
$3,600,000 will be paid from a State Category A grant and $800,000 will be paid
by the City of Midland Major Street Fund; and
WHEREAS, the City of Midland is desirous of having said road resurfaced
and improved; now therefore
RESOLVED, that the City Council hereby approves the proposed Michigan
Department of Transportation Contract No. 11-5035 once approved as to final
form by the City Attorney and authorizes the Mayor and City Clerk to execute
the contract on behalf of the City of Midland.
(Motion ADOPTED.)
Being no further business the meeting
adjourned at 9:00 p.m.
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Selina
Tisdale, City