A regular meeting of the City
Council was held on
|
Councilmen present: |
Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
Drummond Black (excused due to vacation) |
Approval of the minutes of the
RED CROSS MONTH
Communications Coordinator Libby
Richart introduced Brian Scoles, Community Services
Director for the Midland/Gladwin Chapter of the American Red Cross, who spoke
regarding the request to proclaim the month of March 2004 as Red Cross Month in
RESOLVED, that the Mayor Pro Tem is authorized to issue the attached proclamation designating March 2004 as Red Cross Month in Midland. (Motion adopted.) Mayor Pro Tem Johnson presented the proclamation to Brian Scoles.
2003 SAFETY PROGRAM PROGRESS REPORT
Safety and Health Manager Gussie Peterson presented the 2003 City Safety Program Progress Report.
ZONING PETITION
NO. 504
City Planner Mark Ostgarden
presented information on Zoning Petition No. 504 – rezoning property east of
ORDINANCE
NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 TO PROVIDE A COMMUNITY ZONING WHERE A LIMITED COMMERCIAL, MANUFACTURING AND RESEARCH AND INDUSTRIAL B PRESENTLY EXISTS.
The
City of
Section 1. That the Zoning Map of Ordinance No. 727, being
the Zoning Ordinance of the City of
PART OF THE SOUTHEAST ¼ OF SECTION 34, T15N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN DESCRIBED AS BEING NORTH OF THE NORTHERLY RIGHT OF WAY OF U.S.-10, EAST OF THE CENTERLINE OF EXISTING MIDFIELD DRIVE, SOUTH OF THE CENTERLINE OF EXISTING JOSEPH DRIVE AND WEST OF THE EASTERLY RIGHT OF WAY OF THE PROPOSED CONNECTOR ROAD; CONTAINING 35.2 ACRES MORE OR LESS.
MORE PARTICULARLY DESCRIBED AS BEGINNING NORTH 526.32 FEET MORE OR LESS ALONG THE WEST SECTION LINE AND EAST 2690.53 FEET MORE OR LESS ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S.-10 TO THE POINT OF BEGINNING FROM THE SOUTHWEST SECTION CORNER OF SAID SECTION 34; THENCE NORTH 1220.57 FEET MORE OR LESS ALONG THE CENTERLINE OF EXISTING MIDFIELD LANE; THENCE SOUTHEASTERLY 959.65 FEET MORE OR LESS ALONG A CURVE ALONG THE CENTERLINE OF EXISTING JOSEPH DRIVE; THENCE SOUTH 67 DEGREES 08 MINUTES 46 SECONDS EAST 257.49 FEET MORE OR LESS ALONG SAID EXISTING CENTERLINE; THENCE SOUTHEASTERLY 16.82 FEET MORE OR LESS ALONG A CURVE ALONG SAID CENTERLINE; THENCE SOUTHEASTERLY 398.69 FEET MORE OR LESS ALONG A CURVE ALONG THE EASTERLY RIGHT OF WAY OF PROPOSED CONNECTOR ROAD; THENCE SOUTH 82 DEGREES 27 MINUTES 13 SECONDS EAST 176.92 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE; THENCE SOUTHEASTERLY 574.21 FEET MORE OR LESS ALONG A CURVE ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 15 DEGREES 29 MINUTES 25 SECONDS WEST 77.98 FEET MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF U.S.-10; THENCE NORTHWESTERLY 719.06 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE; THENCE WEST 1006.28 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINING 35.2 ACRES MORE OR LESS
be, and the same is hereby changed to Community.
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. (Ordinance adopted.)
LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING
Midland Police Chief James St.
Louis presented information on the use of $11,923 in Local Law Enforcement
Block Grant Funding. A public hearing
was opened at
WHEREAS, a public hearing has been conducted in accordance with the grant requirements set forth by the U.S. Department of Justice at 7:00 p.m., Monday, February 23, 2004 in the Council Chambers of City Hall on the proposal to accept law enforcement grant funding by the U.S. Department of Justice; and
WHEREAS, the City of Midland has received notification that it has been awarded $11,923.00 by the U.S. Department of Justice, Bureau of Assistance, for funding of local law enforcement programming and equipment purchases under the Local Law Enforcement Block Grants Program for the purpose of improving public safety within the community; now therefore
RESOLVED, that the
RESOLVED FURTHER, that the $11,923.00 grant funds and all interests derived from it be placed into the Law Enforcement Block Grant Trust Fund as required by the Bureau of Assistance and that the $1,325.00 local matching share be transferred from the 2003-2004 General Fund Operating budget into the Law Enforcement Block Grant Trust Fund. (Motion adopted.)
PUBLIC COMMENTS
No public comments were made.
RECREATION FEES ORDINANCE AMENDMENTS
Department of Public Service
Director Martin McGuire presented information on amendments to Parks and
Recreation Fees for the Civic Arena, Golf Course, Swimming Pool, and General
Recreation. Paula Jurado,
CIVIC ARENA FEES ORDINANCE AMENDMENT (1ST
reading)
Introduction and first reading of the following ordinance amending Civic Arena fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. _______
The City of
Section 1. Section
21-70 of Division
1 of Article II of Chapter 21 is amended to read as follows:
Sec. 21-70.
Civic Arena Fees
The
fees for use of the Civic Arena and its facilities are as follows:
(1) Individual Ice Skaters $ 3.00 per
session
$.25 per skater surcharge, earmarked for
improvements or new facility
(2) Skating Pass (25 Admissions) $ 65.00 per pass
$6.25 per pass surcharge, earmarked for
improvements or new facility
(3) Skate Rental $ 1.50 per session
(4) Rink Rental $ 133.00
$ 141.50 per hour
$20.00 per hour surcharge, earmarked for
improvements or new facility
(5) Rink Rental (M-F, $ 96.00 $ 102.00 per hour
$14.50 per hour surcharge, earmarked for
improvements or new facility
(6) Summer Rink Rental $ 143.00 $149.50 per hour
$10.50 per hour surcharge, earmarked for
improvements or new facility
(7) Non-Ice Rental ($ 1,250.00 $ 2000.00 per day
(8) Non-Ice Rental (1/2 Building) $ 625.00 $ 1000.00 per day
(9) Non-Ice Rental (1/4 Building) $ 350.00 $ 500.00 per
day
Section 2. This
Ordinance shall take effect upon publication.
(Motion adopted. Considered first reading.)
GOLF COURSE FEES ORDINANCE AMENDMENT (1ST
reading)
Introduction and first reading of the following ordinance amending Golf Course fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
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
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:
|
(1) |
Regular: 9-hole, Weekday, East Course |
$ 10.00 |
|
per play |
|
|
Regular: 9-hole, Weekday, West Course |
|
$
12.00 |
per play |
|
|
Regular: 9-hole, Weekend, East Course |
|
$
12.00 |
per play |
|
|
Regular: 9-hole, Weekend, West Course |
|
$
17.00 |
per play |
|
(2) |
Regular: 18-hole, Weekday, East Course |
$
18.00 |
|
per play |
|
|
Regular: 18-hole, Weekday, West Course |
|
$
23.00 |
per play |
|
|
Regular: 18-hole, Weekend, East Course |
$
20.00 |
$
20.00 |
per play |
|
|
Regular: 18-hole, Weekend, West Course |
|
$
29.00 |
per play |
|
|
18-hole, Weekend after |
|
$
23.00 |
per play |
|
(3) |
Senior & Youth: 9-hole ( |
$
7.00 |
|
per play |
|
|
Senior & Youth: 9-hole ( |
|
$
8.00 |
per play |
|
(4) |
Senior & Youth: 18-Hole ( |
$
12.00 |
|
per play |
|
|
Senior & Youth: 18-Hole ( |
|
$
14.00 |
per play |
|
(5) |
Twilight golf, East Course (After |
$
7.00 |
|
per play |
|
|
Twilight golf, West Course (After |
|
$
8.50 |
per play |
|
(6) |
Winter rate (November 1 – March 1), East
& West Course |
$
5.00 |
|
per play |
|
(7) |
Regular: Par 3 |
|
$
6.00 |
per play |
|
(8) |
Senior and youth: Par 3 |
|
$
4.00 |
per play |
|
(9) |
20-play pass (9-hole), Weekday only |
|
$ 210.00 |
per pass |
|
(10) |
Unlimited Play: East & West Course |
|
|
|
|
|
Single season
pass |
|
$ 640.00 |
per pass |
|
|
Double season
pass |
|
$ 1025.00 |
per pass |
|
(11) |
Restricted Play: Unlimited East Course play, Weekday on West and
Weekends on West after |
|
|
|
|
|
Single season
pass |
|
$ 575.00 |
per pass |
|
|
Double season
pass |
|
$ 920.00 |
per pass |
|
(12) |
Senior & Youth Unlimited Play: East & West Course |
|
|
|
|
|
Single season
pass |
|
$ 560.00 |
per pass |
|
|
Double season
pass |
|
$ 895.00 |
per pass |
|
(13) |
Senior & Youth Restricted Play: Unlimited East Course play,
Weekday on West and Weekends on West after |
|
|
|
|
|
Single season
pass |
|
$ 505.00 |
per pass |
|
|
Double season
pass |
|
$ 810.00 |
per pass |
|
(14) |
Senior/Youth Limited: 9 holes Weekday before |
|
|
|
|
|
Single season
pass |
|
$ 360.00 |
per pass |
|
|
Double season
pass |
|
$ 575.00 |
per pass |
|
|
Weekend differential, East 9 |
|
$
5.00 |
per play |
|
|
Weekend differential, West 9 |
|
$
9.00 |
per play |
|
|
Weekend differential, East 18 |
$
8.00 |
|
per play |
|
|
Weekend differential, West 18 |
$ 15.00 |
|
per play |
|
|
Weekday differential, East 9 |
$ 3.00 |
|
per play |
|
|
Weekday differential, West 9 |
|
$ 4.00 |
per play |
|
|
Weekday differential, East 18 |
$ 6.00 |
|
per play |
|
|
Weekday differential, West 18 |
$
6.00 |
|
per play |
|
(15) |
Trail Fee (Private carts, when owner or member of immediate family is
present) |
|
|
|
|
|
Season pass |
$ 220.00 |
|
per pass |
|
|
Daily pass |
$
5.00 |
|
per pass |
|
(16) |
|
|
$360.00 |
per
pass |
Note:
Exception: In order to fairly compete with non-municipal courses for golf outings, the Director of Public Services is authorized with the approval of the City Manager to reduce these fees on a discretionary basis for golf outings having a minimum of 40 golfers and to adjust fees in April and after September 20 if appropriate.
Section 2. This
Ordinance shall take effect upon publication.
(Motion adopted. Considered first
reading.)
SWIMMING POOL FEES ORDINANCE AMENDMENT (1ST
reading)
Introduction and first reading of the following ordinance amending Swimming Pool fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. _______
The City of
Section 1. Section 21-72 of Division 3 of Article II of Chapter 21
is amended to read as follows:
Sec. 21-72.
Swimming pool fees
The
fees for use of the city’s swimming pools are as follows:
(1) Public swimming $ 2.00 per
session
(2) Limited pass (15
Admissions) $ 25.00 per
pass
(3) Swimming lessons $ 25.00
$ 30.00 per session
(4) Individual swim pass (unlimited use) $ 60.00 per
pass
(5) Family swim pass (2 members) $ 95.00 per
pass
(6) Family swim pass (each additional member) $ 25.00 per member
(7) Family swim pass (maximum per family) $ 145.00 per day
(8) Competitive swim pool rental $ 10.00 per
hour
Section 2. This
Ordinance shall take effect upon publication.
(Motion adopted. Considered first reading.)
GENERAL RECREATION FEES ORDINANCE AMENDMENT
(1st reading)
Introduction and first reading of the following ordinance amending General Recreation fees was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. _______
The
City of
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 $ 18.00 per player
(2) Adult softball player (2nd
team) $ 10.00 $ 18.00 per player
(3) Adult softball player - Fall League $ 5.00 per player
(4) Each softball team in individual
tournaments $ 20.00 per team
(5) Youth softball player $ 4.00 $ 5.00 per player
(6) Adult baseball player $ 10.00 per player
(7) Adult soccer player $ 5.00 per player
(8) Adult soccer team $ 20.00 per team
(9) Youth soccer player no charge
(10)
(11) Ski rental (each 2 hours or part thereof) $ 6.00 per hour
(13) Chalet building rental (2 hour minimum) $ 25.00 per hour
After
2 hour minimum $ 15.00 per hour
(14) Currie West Clubhouse rental (2 hour
minimum) $ 50.00 per hour
After
2 hour minimum $ 35.00
per hour
(15) Picnic kit deposit $ 15.00 per kit
(16) Summer play program (entire 8 week program) no charge
(17) Summer play program (per day charge) no charge
Section 2. This
Ordinance shall take effect upon publication.
(Motion adopted. Considered first
reading.)
PLACEMENT OF ONE WAY ENTRY & EXIT SIGNS
AT
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, a request has been
submitted by the Dow Chemical Employee’s Credit Union for placement of entry
and exit signs in the City right-of-way adjacent to the subject property at
3715 N. Saginaw Road; and,
WHEREAS, the subject property is
currently being utilized as a drive-up ATM; and
WHEREAS, the design of the
subject property allows one way entry and exit access to
WHEREAS, the existing City
right-of-way extends approximately 45 feet beyond the
WHEREAS, placement of entry and
exit signs outside the City right-of-way would be ineffective for vehicular
traffic; and
WHEREAS, the City Engineering
Department has determined that placement of signs identifying entry and exit
locations to the subject property within the City right-of-way is in the best
interest of the City; and
WHEREAS, the subject signs shall
be placed to meet current City and State of
WHEREAS, this request was
reviewed by the City Attorney; and
WHEREAS, the City Engineering
Department recommends that City Council approve a resolution allowing the Dow
Chemical Employees Credit Union to install two entry and two exit signs in the
City right-of-way adjacent to 3715 N. Saginaw Road under current City and State
of Michigan guidelines with the intent to safely direct traffic to and from N.
Saginaw Road; now therefore
RESOLVED, that City Council
approves the placement of two entry signs and two exit signs as authorized by
the City Engineer within City right-of-way adjacent to
2004-2005 CONSTRUCTION PROJECTS PRIORITIES
LIST
City Engineer Brian McManus presented information on the 2004-05 Construction Projects Priorities List. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, a report has been received from the City Engineer listing the
proposed construction projects for 2004-2005 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 2004-2005 and directs the administration to include funding
requests for the proposed projects in the 2004-2005 budget; and
RESOLVED FURTHER, that the report is hereby
directed to be placed on file in the City
2004 ANNUAL
SIDEWALK REPORT
City Engineer Brian McManus presented information on the 2004 Annual
Sidewalk Program. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Rokosz:
RESOLVED, that in accord with Section 22-16 of the Code of Ordinances,
the 2004 Annual Sidewalk Report is hereby received and is ordered filed in the
City
BOARD OF REVIEW
REAPPOINTMENT - SCHROEDER
The following resolution was offered by Councilman McKeag and seconded
by Councilman Myers:
RESOLVED, that James Schroeder is hereby
reappointed to the Board of Review for a term to expire
PAYMENT FOR ACCOUNTING SERVICES (DOW CORNING TAX APPEAL)
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998,
1999, 2000, 2001, 2002 and 2003 assessment and taxable value of certain
property it owns located in the City of Midland to the Michigan Tax Tribunal;
and
WHEREAS, the services of the public accounting firm of Plante and
Moran, LLP, are required to assist the City in its defense of Dow Corning’s appeals; and
WHEREAS, on February 11, 2002, the
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to Plante and
Moran, LLP, for continued professional services in connection with the
aforementioned defense of the Dow Corning Corporation is hereby authorized in
an amount not to exceed $289,000. (Motion adopted.)
LANDFILL CELL 15
CONSTRUCTION CHANGE ORDER #3
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, on August 12, 2002 the City entered into a contract with Fisher Contracting Co. of Midland, Michigan to construct Cell 15 at the Landfill, to be completed by November 8, 2002, at a cost of $1,907,565.08; and
WHEREAS, amendments to the contract totaling $247,000.00 brought the current contract amount to $2,114,565.08; and
WHEREAS, final quantity data have been compared with pre-construction bid estimates and have shown a net increase of $62,515.37, bringing the total final cost of the contract to $2,177,080.45; and
WHEREAS, funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects for this change order; now therefore
RESOLVED, that Addendum #3 to amend the construction contract in the amount of $62,515.37 is hereby approved, bringing the final amended contract amount to $2,177,080.45 for the construction of Landfill Cell #15. (Motion adopted.)
LANDFILL SAND HAULING
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, sealed bids for Sand Hauling, Bid No. 2741, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS, the low bid proposal submitted by Doc Heinz Contracting of Saginaw, Michigan in the amount of $3.21 per cubic yard was accepted; and
WHEREAS, the Landfill has a need for 10,000 cubic yards of sand for road building and protective cover in the new Cell 15; and
WHEREAS, funding for this proposed contract is available in the Project LF0202-New Cell Development #15; now therefore
RESOLVED, that the low bid
proposal submitted by Doc Heinz Contracting of Saginaw, Michigan is hereby
accepted and authorization is given for a purchase order in the amount of
$32,100.00 ($3.21 x 10,000 yards) for the hauling of washed classified sand to
the City of
NORTHEAST PRESSURE DISTRICT – CONSULTING
ENGINEERING SERVICES
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, phase 1 of the Northeast Pressure District (NPD) water system improvements is well underway, and will address current low-pressure problems in the northeast quadrant of the City, requiring the installation of a 24-inch main, a nine (9) mgd pump station, and isolation and control valves; and
WHEREAS, in July 2003 competitive sealed bids were waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland to retain the engineering services of FTC&H to provide bid and construction engineering services for the pump station construction in the amount of $84,700.00; and
WHEREAS, it was planned that the City’s Engineering Department would provide the final design specifications for the valve vaults, valves, controls, and inspections, and because the 2003/04 construction season activity did not allow ample time for this to be done internally, and to prevent extended delays, staff requested and received from FTC&H a comprehensive proposal for preparing the final design, bid specifications and construction oversight services for a fee of $26,300.00; and
WHEREAS, sufficient funds are available in the 2003/04 Water Fund account #591-9120-912.97-65 - Capital Outlay / Construction Projects; now therefore
RESOLVED, that based upon the recommendation of the City staff, the proposal provided by FTC&H to prepare the final design, bid specifications and construction oversight services the Northeast Pressure District project is accepted, and sealed proposals are deemed impractical and in accord with Section 2-18 of the Code of Ordinances the Purchasing Agent is hereby authorized to issue a change order in the amount of $26,300.00 to Fishbeck, Thompson, Carr & Huber of Grand Rapids, Michigan, bringing the purchase order total to $111,000.00. (Motion adopted.)
PROPOSED BUDGET AMENDMENT (BOAT DOCK NEAR
TRIDGE)
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 pm, March 8, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-04 General Fund budget to increase revenues to recognize a gift of $70,000 from the Midland Area Community Foundation to improve the boat dock near the Tridge and to increase expenditures by $70,000 to allow for construction of the project. (Motion adopted.)
PROPOSED BUDGET AMENDMENT (SPRAYGROUND AT
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 pm, March 8, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-04 General Fund budget to increase revenues to recognize a gift of $200,000 from the Rollin M. Gerstacker Foundation for a Sprayground to be built for community use on Longview School property and to increase expenditures by $200,000 to allow for construction of the project. (Motion adopted.)
Being no further business the
meeting adjourned at
______________________________________
Selina Tisdale, City