February 28, 2011

 

A regular meeting of the City Council was held on Monday, February 28, 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 February 14, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GOLF COURSE FEES – ORDINANCE AMENDMENT

Assistant City Manager Jack Duso presented information on an ordinance to amend Section 21-71 of Division 2 of Article II of Chapter 21 – Golf Course Fees.  Paul Haddad, 1508 Illinois Drive, frequenter of Currie Golf Course, spoke in opposition to the increase in golf rates at Currie.  Robert Short, 6009 Sturgeon Avenue, spoke in opposition to the elimination of the private cart option and some of the rate changes.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1714

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 October 31

East and West Course Unlimited Play

 

 

     Single Season Membership

 

$1,200.00 per Membership

     Couple Season Membership

 

$2,040.00 per Membership

     Senior Single Season Membership

 

$1,050.00 per Membership

     Senior Couple Season Membership

 

$1,785.00 per Membership

     Single Season Membership with Cart

 

$1,700.00 per Membership

     Couple Season Membership with Cart

 

$2,890.00 per Membership

     Senior Single Season Membership with Cart

 

$1,550.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,635.00 per Membership

     Youth 90 Day Unlimited Pass (June 1 – August 31)

 

$   400.00 per Membership

*  East and West Course Members receive:

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

 

 

East Course Only Unlimited play

 

 

     Single season Membership

 

$   850.00 per Membership

     Couple season Membership

 

$1,445.00 per Membership

     Senior Single Season Membership

 

$   750.00 per Membership

     Senior Couple Season Membership

 

$1,275.00 per Membership

     Single Season Membership with Cart

 

$1,350.00 per Membership

     Couple Season Membership with Cart

 

$2,295.00 per Membership

     Senior Single Season Membership with Cart

 

$1,250.00 per Membership

     Senior Couple Season Membership with Cart

 

$2,125.00 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

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

 

 

     Season pass

 

$500.00 per pass

     Daily pass

 

$  10.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$8.00 per play

Par 3 – Senior

 

$6.00 per play

Par 3 – Youth

 

$4.00 per play

Driving Range Fees

Driving Range

 

 

     Medium Basket

 

$6.00

     Large Basket

 

$8.00

Driving Range Season Membership Fees

     Single

 

$300.00

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.

           

Exception:  The Golf Course Manager is authorized with the approval of the City Manager to reduce Golf Course fees on a discretionary basis for the purpose of marketing additional play.

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

2011 ANNUAL SIDEWALK REPORT

City Engineer Brian McManus presented for receipt and filing the 2011 Annual Sidewalk Report.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2011 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

ANNUAL LIQUOR LICENSES REPORT

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

 

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.)

 

MERS UNIFORM TRANSFER PROVISION

Assistant City Manager for Human Resources Paula Whittington presented for adoption the Municipal Employee Retirement System Uniform Transfer Provision.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City of Midland is a participating municipality or court in the Municipal Employees' Retirement System of Michigan ("MERS"); and

WHEREAS, the Standard MERS Transfer Rules became effective in August 2007; and

WHEREAS, under the Standard Rules, all transferees to a new division are covered under the active employee plan in the new division; where the defined benefit plan in the new division is closed to entrants, the accrued defined benefit (based on benefits, service and wages as of transfer date) of transferees is frozen as of transfer date.

WHEREAS, pursuant to Retirement Board action on November 10, 2010, the employing municipality or court will be allowed, on a one-time irrevocable and uniform basis, to adopt for all its MERS divisions (present and future) an alternate policy which allows all transferred employees an individual choice at the time of transfer to either be placed in: (1) the division’s open plan, or (2) the closed plan if it is the same plan type, provided there are active employees remaining in the plan type.

WHEREAS, this alternate transfer provision applies to transferred employees only; rehired employees will continue to be enrolled into the active plan; and

NOW THEREFORE BE IT RESOLVED, that effective February 28, 2011, the Governing Body adopts this Resolution (or for a participating court, the Chief Judge by Administrative Order) for all present and future employee divisions requiring that all transferred employees:  shall be given the individual choice to either be placed in the open plan or the closed division if it is the same plan type (in the division from which the employee is transferred from) provided there are active employees remaining in the closed plan type.  (Motion ADOPTED.)

 

DRUG FREE COMMUNITIES GRANT APPLICATION SUPPORT

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

 

RESOLVED, that the Midland City Council expresses its support for the Midland Area Partnership for Drug-Free Youth, (MAP)'s application for a Drug Free Communities Grant through the Office of National Drug Control Policy, Which will allow MAP to continue to provide programming to the Midland Community that reduces drug and alcohol use, and saves lives, over the next fiver years until 2016.  (Motion ADOPTED.)

 

DDA REAPPOINTMENTS

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Bo Brines, Doug Thompson and Claudia Wallin to the Downtown Development Authority for terms to expire May 1, 2015.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,209 gallons of E10 ethanol blend unleaded fuel from Karbowski Oil of Bay City, Michigan for $31,794.06 executed by the Purchasing Agent on February 11, 2011, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,800 gallons of Winter Blend diesel fuel from Karbowski Oil of Bay City, Michigan for $35,328 executed by the Purchasing Agent on February 11, 2011, is hereby approved.  (Motion ADOPTED.)

 

GAS-TO-ENERGY PROJECT – CHANGE ORDER NO. 5

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

 

WHEREAS, the original contract with The Christman Company (Christman) of Lansing for the design and construction of the Gas-to-Energy Plant and Compressor Facility was $8,682,638.00; and

WHEREAS, Change Order Nos. 1, 2, 3, and 4 resulted in a net reduction of $164,577.00 to the contract, making the amended contract value $8,518,061.00; and 

WHEREAS, the dimensions of the GTE Compressor building had been established in the bid specifications, but would not adequately accommodate the compressors, equipment, piping, and workers to service the equipment, requiring an additional 600 square feet (20’ x 30’) to be constructed to the east end of the Compressor building; and

WHEREAS, the total cost to the city for the building addition, including excavation, concrete work, piping ($125,624.00), and landscaping ($1,584.00) is $127,208.00; and

WHEREAS, staff therefore recommends that Change Order No. 5 be approved, increasing the contract with Christman by $127,208.00 for the additional work at the GTE Compressor building, increasing the total contract value to $8,645,269.00; and

WHEREAS, funding is provided in the contingency line item of capital project RE1001 – GTE Compressor Facility; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 5 in the amount of $127,208.00, thereby increasing the total amount of the contract with The Christman Company to $8,645,269.00.  (Motion ADOPTED.)

 

PURCHASE – 4X4 SERVICE TRUCK FOR LANDFILL

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

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, the recent construction of a landfill gas collection and control system, a three-mile landfill gas pipeline, and a gas-to-energy production facility necessitated the addition of an electrical/mechanical maintenance worker and a 4x4 service truck; and

WHEREAS, sufficient funding for the purchase of one 4x4 service truck is included in the 2010-11 Landfill Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Snethkamp Dodge of Lansing, Michigan, in the amount of $31,483.60 for the purchase of one 4x4 service truck in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

PROPOSED ZONING ORDINANCE REVISIONS

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 8, 2011 for consideration of revisions of Zoning Ordinance No. 1585; and

WHEREAS, a copy of the Zoning Ordinance revisions may be reviewed at the Planning Department, City Hall, 333 West Ellsworth Street; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, March 21, 2011, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the revised Zoning Ordinance; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on March 5, 2011. 

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.

The City of Midland Ordains:

Section 1.  That the Zoning Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to read as follows.

                                                            (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.  Considered first reading.)

 

Being no further business the meeting adjourned at 8:55 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk