January 21, 2013

 

A regular meeting of the City Council was held on Monday, January 21, 2013, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Wazbinski presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Marty Wazbinski

Councilmen absent:

Maureen Donker

 

MINUTES

Approval of the minutes of the January 7, 2013 regular and January 12, 2013 special meetings was offered by Councilman Brown and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

2012-13 GENERAL FUND BUDGET AMENDMENT

Director of Public Services Karen Murphy presented information on an amendment to the 2012-13 General Fund budget to recognize $45,000 of additional revenue from The Herbert H. and Grace A. Dow Foundation for the construction of a replacement pavilion at Emerson Park.  A public hearing opened at 7:05 p.m., recognizing no public comments, the hearing closed at 7:05 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, 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, January 21, 2013, on the proposal to amend the 2012-13 General Fund Budget to recognize $45,000 in unanticipated revenue from a grant from The Herbert H. and Grace A. Dow Foundation, and provide additional appropriations of $45,000 to construct a replacement pavilion at Emerson Park; now therefore

RESOLVED, that the 2012-13 General Fund Budget is hereby amended to increase revenues and expenditures by $45,000 to recognize a grant from The Herbert H. and Grace A. Dow Foundation to replace a pavilion at Emerson Park.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

GENERAL RECREATION FEES ORDINANCE AMENDMENT

Director of Public Services Karen Murphy presented for second reading and adoption an ordinance amending fees for recreation offerings by amending Section 21-73 of Div. 4 of Article II of Chapter 21.  The following ordinance amending Section 21-73 – General Recreation Fees was then offered by Councilman Adams and seconded by Councilman Brown:

 

ORDINANCE NO. 1743

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

 (1)

Adult softball player

  $  27.00

per player

(2)

Adult softball player (2nd team)

  $  27.00

per player

(3)

Adult softball player - Fall League

  $  17.00

per player

(4)

Each softball team in individual tournaments –  Fee set on per event basis in conjunction with Midland Softball Association

 

per event

(5)

Youth softball player

  $    8.00

per player

(6)

Rugby club

  $ 450.00

per club

(7)

Beach volleyball

 

 

 

Player fee

  $   10.00

per player

 

2 & 4 player recreation league sponsor fee

  $   30.00

per team

 

6 player recreation league sponsor fee

  $  60.00

per team

 

2 & 4 player competitive  

league sponsor fee

  $  45.00

per team

 

6 player competitive  

league sponsor fee

  $  75.00

per team

(8)

Adult kickball (10 player minimum per team)

  $  20.00

per player

(9)

Ski rental (rental 2 hours or part thereof)

       Classic skis

 

  $  10.00

 

per rental

 

       Skate skis

  $  15.00

per rental

(10)

Toboggan rental (per hour two-hour maximum)     

  $    6.00

per hour

(11)

Skate and sled rental

  $    2.00

per two hours

(12)

Chalet building rental (2 hour minimum)

  $  30.00

per hour

(13)

Picnic kit deposit

  $  15.00

per kit

(14)*

Ball field rental – private tournament

 

 

 

  2 hour rental

  $   35.00

per field

 

  4 hour rental 

  $   45.00 

per field

 

  Full day rental

  $   90.00

per field

 

  Daily complex – New Redcoats fields 9-13

  $ 400.00

per complex

 

  Daily complex – Old Redcoats fields 4-8

  $ 400.00

per complex

 

  Daily complex – Emerson fields 1-3

  $ 250.00

per complex

(15)

Ball diamond lights – private tournament use

  $   25.00

per hour

(16)*

Ball diamond grooming – private tournament

  $   15.00

per grooming

(17)*

Ball diamond grooming/maintenance – private tournament - Overtime

  $  75.00

per hour

(18)*

Ball diamond grooming/maintenance – private tournament - Double time

  $ 100.00

per hour

(19)*

Diamond dry field drying material– private tournament

  $  12.00

per bag

(20)**

Picnic shelter reservations

 

 

 

Emerson A-1, Emerson E

  $  35.00

per use

 

Plymouth A (south), A (north), B-2, B-3

  $  35.00

per use

 

Barstow Woods

  $  35.00

per use

 

Stratford Woods

  $  35.00

per use

 

Chippewassee

  $  35.00

per use

 

Emerson D

  $  55.00

per use

 

Plymouth A (entire shelter)

  $  65.00

per use

 

Unsheltered areas

  $  25.00

per use

 

Addition of a canopy

  $  25.00

per request

 

Delivery of picnic tables (up to 5 tables)

  $  20.00

per use

 

Additional tables (if available up to maximum of 10 tables)

  $    4.00

per table

(21)

Band shell reservation

  $  75.00

per use

(22)

Delivery of bleachers

  $  20.00

per section

(23)

Delivery of portable grill

  $  10.00

per use

(24)***

City stage rental

 

 

 

Non-profit group inside city limits

  $ 100.00

per use

 

For profit group inside city limits

  $ 250.00

per use

 

Non-profit group outside city limits

  $ 175.00

per use

 

For profit group outside city limits

  $ 450.00

per use

(25)

Speaker system deposit

  $   50.00

per system

       (26)        Tennis lesson agreement:  The director of public services is authorized with the approval of the city manager to enter into a cost recovery agreement with the Midland Community Tennis Center consistent with the recreation fee philosophy for administrative costs related to advertising and program registration for summer youth tennis lessons.  The agreement will be reviewed and adjusted annually as needed.

*Note:  Fees for private tournament ball field maintenance effective starting with the 2010 softball season.  All field rentals include initial field preparation (grooming and chalk lines).  For private tournaments requesting special amenities or enhanced field maintenance, the director of public services may charge additional fees on a special recreation event basis to cover costs incurred.

**Note:  Fees paid for shelter reservations are non-refundable.

        Exceptions to (20) Picnic shelter reservation fees are as follows:

        a) Donors of shelters shall be allowed one rent free use per year in the respective donated structure.

        b) Daytime reservations which begin after 8:00 a.m. and end before 3:00 p.m.

            Monday – Friday from April 15 – June 30 are exempt from fees.

***Note:  Stage rental is intended for community events held with the City limits or Midland County only. 

                   Stage rental fees are non-refundable.

****Note:  The director of public services is authorized with the approval of the city manager to implement rates for special recreation events according to the recreation fee philosophy to recover programming costs for such offerings.  

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

 

2013 CITY COUNCIL PLANNING RETREAT STAFF REPORT

City Manager Jon Lynch presented the staff report on the outcome of the 2013 City Council Planning Retreat.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

WHEREAS, on January 12, 2013 the City Council conducted a planning retreat for the purpose of discussing current and future financial concerns; and

WHEREAS, at the conclusion of that session Council expressed their expectations regarding the basic approach to be taken in developing the Fiscal Year 2013-2014 budget; and

WHEREAS, during the City Council meeting of January 21, 2013, the City Council reviewed and affirmed those expectations embodied in a report of that date titled: City Council Budget Objectives for FY 12-13; now therefore

RESOLVED, that the report City Council Budget Objectives for FY 13-14 is hereby received.  (Motion ADOPTED.)

 

2013-14 CONSTRUCTION PRIORITIES REPORT

City Engineer Brian McManus presented the 2013-14 Construction Priorities Report.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2013-2014 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; now therefore

RESOLVED, that City Council hereby approves said proposed construction project listing for 2013-2014 and directs the City Administration to include funding requests for the proposed projects in the 2013-2014 budget; and

RESOLVED FURTHER, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion ADOPTED.)

 

REVISED GOLF COURSE FUND FIVE-YEAR DEFICIT ELIMINATION PLAN

Assistant City Manager for Financial Services David Keenan presented the revised 5-year Deficit Elimination Plan for the Currie Golf Course.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

WHEREAS, the City of Midland’s Currie Municipal Golf Course Fund reported a working capital deficit of $1,267,292, as of June 30, 2012; and

WHEREAS, Act 275 of the Public Acts of 1980, as clarified by Numbered Letter 2012-1 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.)

 

ANNEXATION OF PROPERTY FROM LARKIN TWP – 6715 NORTH PERRINE ROAD

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

 

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 One-quarter of Section 31, T15N-R2E, Larkin Township, Midland County, State of Michigan, described as:  Beginning at the Interior One-quarter Corner of said Section 31; thence S 00D 00M 00S W, along the North-South One-quarter line, 318.00 feet; thence N 89D 11M 59S W, parallel to the South One-eighth line, 418.00 feet; thence S 00D 00M 00S W, parallel to said North-South One-quarter line, 478.00 feet; thence N 89D 11M 59S W, parallel to said South One-eighth line, 125.00 feet; thence S 68D 12M 05S W, 285.16 feet; thence S 00D 00M 00S W, parallel to said North-South One-quarter line, 398.75 feet to the South One-eighth line; thence N 89D 11M 59S W, along said South One-eighth line, 899.63 feet to the Southeast Corner of Midland County Condominium Subdivision Plan No. 46.   Somerset Pines Site Condominium, City of Midland, Midland County, Michigan; thence along the Midland County Condominium Subdivision Plan No. 46, Somerset Pines Site Condominium line on the following 2 courses; N 00D 45M 51S E, 691.71 feet; thence N 89D 56M 26S E, 300.24 feet; thence S 89D 13M 40S E, 361.00 feet; thence N 00D 46M 17S E.  603.50 feet to the East-West One-quarter line; thence S 89D 08M 55S E, along said East-West One-quarter line, 1028.87 feet back to the place of beginning.  This property is subject to an easement for the installation and maintenance of public utilities within the right-of-way of Perrine Road.  Containing 28.01 acres and being subject to restrictions, reservations, rights-of-way, zoning, governmental regulations and matters visible, if any, upon or affecting said lands.  

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 Larkin 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 Larkin; 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.)

 

FINAL PLAT OF HAWK’S NEST

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

 

WHEREAS, the Final Plat of Hawk’s Nest is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Hawk’s Nest in accordance with Section 23-19 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

MIDLAND MASTER PLAN

Planning and Community Development Director Brad Kaye presented a resolution of support for the Midland Master Plan to be forwarded to the Planning Commission for final approval.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, during 2012 the Planning Commission prepared the City of Midland Master Plan Update, which contains recommendations for future housing and population density that can be supported by the utility infrastructure, transportations system, natural environment and public services, provides locations for a wide range of housing types, commercial development industry, and new mixed-use centers with strategies for compatible uses, which includes maps, charts, tables and text to support and describe recommendations and implementation strategies; and

WHEREAS, the Michigan Planning Enabling Act, PA 33 of 2008, as amended, requires a Master Plan to be updated at least every five years; and

WHEREAS, a final draft of the Master Plan Update was provided to the Planning Commission at the September 25, 2012 meeting; and

WHEREAS, the City Council approved circulation of the City of Midland Master Plan Update to neighboring jurisdictions and entities on October 15, 2012; and

WHEREAS, the Planning Commission held two open houses and a public hearing on January 8, 2013; now therefore

RESOLVED, that City Council indicates their support of the City of Midland Master Plan Update and sends it back to the Planning Commission for adoption.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:00 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk