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.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the January 24, 2011 regular meeting was offered by Councilman Brooks and seconded by Councilman Adams.  (Motion ADOPTED.)

 

WALK FOR WARMTH DAY IN MIDLAND

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.

 

BETTER GROUNDS, LLC – OBSOLETE PROPERTY REHABILITATION DISTRICT

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)

 

PUBLIC COMMENTS

No public comments were made.

 

GOLF COURSE FEES – ORDINANCE AMENDMENT (1st reading)

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:

Currie East Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday

 

$11.50 per play

     Regular weekend

 

$15.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$  8.00 per play

     Youth weekday & weekend

 

$  5.00 per play

18-hole rate

 

 

     Regular weekday

 

$18.00 per play

     Regular weekend

 

$25.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$13.00 per play

     Youth weekday & weekend

 

$  9.00 per play

Currie West Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday

 

$15.00 per play

     Regular weekend

 

$21.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$10.00 per play

     Youth weekday & weekend

 

$  8.00 per play

18-hole rate

 

 

     Regular weekday

 

$25.00 per play

     Regular weekend

 

$35.00 per play

     Senior weekday (7:00 a.m. – 3:00 p.m.)

 

$17.00 per play

     Youth weekday & weekend

 

$12.00 per play

Currie East and Currie West Municipal Golf Courses Membership Fees

Season Membership privileges good April 1 through end of season OCTOBER 31

Dual Unlimited play (East and West Courses) UNLIMITED PLAY

 

 

     Single Season Membership

 

$1000.00 $1200.00 per Membership

     Couple season Membership

 

$1500.00 $2040.00 per Membership

     SENIOR SINGLE SEASON MEMBERSHIP

 

$1050.00 PER MEMBERSHIP

     SENIOR COUPLE SEASON MEMBERSHIP

 

$1785.00 PER MEMBERSHIP

     SINGLE SEASON MEMBERSHIP WITH CART

 

$1700.00 PER MEMBERSHIP

     COUPLE SEASON MEMBERSHIP WITH CART

 

$2890.00 PER MEMBERSHIP

     SENIOR SINGLE SEASON MEMBERSHIP WITH CART

 

$1550.00 PER MEMBERSHIP

     SENIOR COUPLE SEASON MEMBERSHIP WITH CART

 

$2635.00 PER MEMBERSHIP

     YOUTH 90 DAY UNLIMITED PASS (JUNE 1 – AUGUST 31)

 

$400.00

*  Currie Dual EAST AND WEST COURSE Members receive:

  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Unlimited play - East Course Only

 

 

     Single season Membership

 

$550.00 $850.00 per Membership

     Couple season Membership

 

$750.00 $1445.00 per Membership

     SENIOR SINGLE SEASON MEMBERSHIP

 

$750.00 PER MEMBERSHIP

     SENIOR COUPLE SEASON MEMBERSHIP

 

$1275.00 PER MEMBERSHIP

     SINGLE SEASON MEMBERSHIP WITH CART

 

$1350.00 per Membership

     COUPLE SEASON MEMBERSHIP WITH CART

 

$2295.00 per Membership

     SENIOR SINGLE SEASON MEMBERSHIP WITH CART

 

$1250.00 PER MEMBERSHIP

     SENIOR COUPLE SEASON MEMBERSHIP WITH CART

 

$2125.00 PER MEMBERSHIP

     Youth season Membership

 

$275.00 per Membership

*    Currie East Members receive:

  • 20% discount on Currie West green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Unlimited play - West Course Only

 

 

     Single season Membership

 

$  750.00 per Membership

     Couple season Membership

 

$1200.00 per Membership

     Youth season Membership

 

$  400.00 per Membership

*    Currie West Members receive:

  • 20% discount on Currie East green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Senior restricted play - (West Course Only Monday through Friday before 3:00 p.m.)

 

 

     Single season Membership

 

$600.00 per Membership

     Couple season Membership

 

$1100.00 per Membership

*   Currie West Members receive:

  • 20% discount on Currie East green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Senior restricted play – (East Course Only Monday through Friday before 3:00 p.m.)

 

 

 

     Single season Membership

 

$450.00 per Membership

     Couple season Membership

 

$700.00 per Membership

*   Currie East Members receive:

  • 20% discount on Currie West green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Family Membership (West Course Only for Unlimited Family Members 18 years of age and under)

 

$1450.00 per Membership

*   Currie West Members receive:

  • 20% discount on Currie East green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

Family Membership (East Course only for Unlimited Family Members 18 years of age and under)

 

$1100.00 per Membership

*   Currie East Members receive:

  • 20% discount on Currie West green fees
  • 10% discount on all Golf Shop merchandise excluding special sale items
  • 10% discount on all Food Menu items

 

 

CURRIE WEST 25 18-HOLE ROUND PUNCH PASS

GOOD APRIL 1 THROUGH OCTOBER 31

5 DAY REGULAR

 

$460.00

7 DAY REGULAR

 

$560.00

5 DAY SENIOR

 

$325.00

7 DAY SENIOR

 

$490.00

CURRIE EAST 25 18-HOLE ROUND PUNCH PASS

GOOD APRIL 1 THROUGH OCTOBER 31

5 DAY REGULAR

 

$335.00

7 DAY REGULAR

 

$400.00

5 DAY SENIOR

 

$245.00

7 DAY SENIOR

 

$355.00

Power Cart Fees

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $15.00 $16.00

Cart Lease

 

 

     Single

 

$450.00 per season

     Couple

 

$675.00 per season

Trail Fee (Private carts used only by owner or member of immediate family.)  All other riders must pay a cart rental fee.

 

 

     Season pass

 

$450.00 $500.00 per pass

     Daily pass

 

$  10.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$6.50 $8.00 per play

Par 3 – Senior

 

$4.50 $6.00 per play

Par 3 – Youth

 

$2.50 $4.00 per play

Driving Range Fees

Driving Range

 

 

     Small Basket

 

$3.00

     Medium Basket

 

$5.00 $6.00

     Large Basket

 

$7.00 $8.00


 

Driving Range Season Membership Fees

     Single

 

$200.00 $300.00

     Course Season Membership (Single)

 

$125.00

     Course Season Membership (Couple)

 

$200.00

Youth Golf Program

     Program Fee

 

$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.)

 

SALE OF CITY-OWNED VACANT PARCELS – 102 & 108 ASHMAN

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.)

 

TEMPORARY EMPLOYMENT – DURATION OF APPOINTMENT

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.)

 

TRAFFIC CONTROL ORDER NO. P-10-15

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.)

 

TRAFFIC CONTROL ORDER NO. D-10-02

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.)

 

ANNUAL PURCHASE OF BITUMINOUS MATERIALS

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.)

 

ANNUAL PURCHASE OF CONCRETE & RELATED MATERIALS

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.)

 


ANNUAL PURCHASE OF CRUSHED LIMESTONE

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.)

 

DIESEL FUEL PURCHASE

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.)

 

ESRI SOFTWARE MAINTENANCE & SUPPORT SERVICES AGREEMENT

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 City Council hereby authorizes the Mayor and City Clerk to renew the three-year agreement with ESRI in the amount of $105,000 to be paid in three annual installments of $35,000 for maintenance and support services.  (Motion ADOPTED.)

 

ENERGY PURCHASE AGREEMENT WITH CONSUMERS ENERGY

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.)

 

BUYOUT OF LEASED BOMAG COMPACTOR - LANDFILL

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.)

 

MDOT CONTRACT NO. 11-5035 (VARIOUS STREET IMPROVEMENTS)

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.

 

 

______________________________________

            Selina Tisdale, City Clerk