A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
None |
Approval of the minutes of the
DELTA SIGMA THETA DAY
Communications Coordinator Libby Richart introduced Gezelle Myers and Linda Holoman, co-chairs of the Midland Alumnae Chapter of Delta Sigma Theta Sorority 20th Anniversary. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating December 5, 2004, as Delta Sigma Theta Day in Midland. (Motion ADOPTED.) Mayor Black presented the proclamation to Gezelle Myers and Linda Holoman.
2005-06 BUDGET PRIORITIES COMMUNITY
ROUNDTABLE DISCUSSIONS
City
RESOLVED, that Midland City
Council hereby reschedules the dates for the 2005-06 Budget Priorities
Community Roundtable Discussions to
the week of
ZONING PETITION
NO. 513
ORDINANCE
NO. 1586
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 BUSINESS C ZONING WHERE AN OFFICE SERVICE-2 ZONING DISTRICT PRESENTLY EXISTS.
The
City of
Section 1. That the Zoning Map of Ordinance No. 727, being
the Zoning Ordinance of the City of
be, and the same is hereby changed to Business C.
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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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.
Section 4. Ordinance No. 1585 is also amended to reflect this change. (Ordinance ADOPTED. Yeas: McKeag, Myers, Rokosz Nays: Black, Johnson)
PUBLIC COMMENTS
No public comments were made.
GENERAL RECREATION FEES ORD. AMENDMENT (1ST
reading – Picnic Shelter fees)
Director of Public Services
Martin McGuire presented a report on the recommendation of the Parks and
Recreation Commission that a new fee structure be implemented for the
reservation of picnic shelters in City parks.
Paula Jurado,
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) |
$
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 |
$
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) |
|
$
6.00 |
per player |
|
(11) |
Ski rental (each
2 hours or part thereof) |
$
6.00 |
per hour |
|
(12) |
Toboggan rental
(per hour two-hour maximum) |
$
4.00 |
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 |
|
|
(18)* |
Picnic
shelter reservations |
|
|
|
|
Emerson A-1, Emerson E |
$ 20.00 |
per
use |
|
|
|
$ 20.00 |
per
use |
|
|
|
$ 20.00 |
per
use |
|
|
|
$ 20.00 |
per
use |
|
|
Chippewassee |
$ 20.00 |
per
use |
|
|
Emerson D |
$ 40.00 |
per
use |
|
|
|
$ 50.00 |
per
use |
|
|
Unsheltered areas |
$ 10.00 |
per
use |
|
|
Addition of a canopy |
$ 20.00 |
per
use |
|
|
Delivery of picnic tables (up to 10
tables) |
$ 20.00 |
per
use |
|
|
Additional tables (if available) |
$ 3.00 |
per
table |
*Note:
Fees paid for shelter reservations are non-refundable.
Exceptions to (18) 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
Monday – Friday in May and June are exempt from fees.
Section 2. This
Ordinance shall take effect upon publication.
(Motion ADOPTED. Considered first reading.
Yeas: Black, Johnson, McKeag,
Rokosz Nays: Myers)
SITE PLAN NO. 245
WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 245, the request of Bennett Construction, Inc. to construct a 14,160 square foot retail building and a 6,720 square foot office building on 3.66 acres located west of Jefferson Avenue and south of East Wackerly Street; and
WHEREAS, the City Council has reviewed the proposed Site Plan No. 245 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore
RESOLVED, that the City Council does hereby approve Site Plan No. 245, contingent upon the following:
1. Storm
water detention plans are reviewed and approved by the City of Midland
Engineering Department.
2. Parcel
splits will require maintenance agreements between properties for
responsibility of detention basin into the storm sewer.
3. Illumination is not cast off site.
4. Required barrier free
parking spaces are provided and “box” style parking space striping is used
throughout.
5. Dumpsters are screened as
required by the Zoning Ordinance.
6. Signs will meet
applicable zoning requirements.
(Motion ADOPTED.)
UNCOVERED PARKING PERMIT FEE INCREASE
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, Section 8.25 of Section 24.13 of the Code of Ordinances allows
the Council, by resolution, to fix regulations, control and maintenance of said
parking lots and determine the rate to be charged to the public for the use of
the same; now therefore
RESOLVED, that by authority of Section 8.25 of Section 24.13 of the Code
of Ordinances, the Council hereby authorizes the issuance of annual permits for
parking in the uncovered City permit parking lots for a fee of $140.00 per
space annually effective immediately for the year 2005 and until revised by the
Midland City Council. (Motion ADOPTED.)
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the Parks and Recreation Department has undertaken significant development projects in the St. Charles/Whitman Dr. area; and
WHEREAS, the Parks and Recreation
Commission has recommended that
WHEREAS, the such vacation must be done in accord with Section 23-87 of the Code of Ordinances; now therefore
RESOLVED, that in accord with
Section 23-87 of the Code of Ordinances the request to vacate
2005-06 BUDGET PREPARATION SCHEDULE
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that the attached budget
preparation schedule for the 2005-06 fiscal year is hereby received; and
RESOLVED FURTHER, that said budget
preparation schedule shall be filed for public examination in the City
RESOLVED FURTHER, that the City
RESOLVED FURTHER, that the City
RESOLVED FURTHER, that a preliminary public
hearing shall be conducted at 7:00 p.m., Monday, April 25, 2005, in the Council
Chambers of City Hall, on the proposed 2005-06 budget; and
RESOLVED FURTHER, that
in accord with Section 11.6 of the Charter of the City of
GIFT FOR RESTAINING OF FUN ZONE
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the City maintains the Fun Zone play structure at
WHEREAS, the structure requires routine power washing and re-staining;
and
WHEREAS, the Midland Area Community Foundation maintains an endowment
fund to maintain the structure; and
WHEREAS, the Midland Area Community Foundation has allocated $7,843 to
the City to fund the staining of the structure; now therefore
RESOLVED, the City hereby accepts the generous offer of the Midland
Area Community Foundation and directs the staff to proceed with the project. (Motion ADOPTED.)
REAPPOINTMENT OF LAUDERBACH TO SAG-MID WATER SUPPLY CORP BOARD
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that William C.
Lauderbach is hereby re-appointed to the Saginaw-Midland Municipal Water Supply
Corporation Board of Trustees for a term expiring
PARKS AND RECREATION COMMISSION VACANCY
REPORT
Department of Public Services
Director Martin McGuire introduced a report on a vacancy on the Parks and
Recreation Commission. Paula Jurado,
WHEREAS, the Midland
WHEREAS, Jillian Lincoln’s position on the Parks and Recreation Commission was terminated by the policy; and
WHEREAS, a report concerning this vacancy is attached hereto; now therefore
RESOLVED, that the Midland
OWNER’S REPRESENTATIVE FOR CIVIC ARENA
PROJECT
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, City staff has determined that it is in the best interest of the City to retain an Owner’s Representative to oversee the day-to-day activity of the Civic Arena project; and
WHEREAS, sufficient funding is available within the Civic Arena project; and
WHEREAS, Section 2-19 of the Code of Ordinances provides that “No sealed proposals shall be required for purchases or contracts for professional services”; and
WHEREAS, after interviewing four highly qualified people, staff has recommended entering a contract for services with Jerry Davis on an hourly basis at a rate of $50.00 per hour; now therefore
RESOLVED, that the Mayor and City
BULLDOZER FOR LANDFILL
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a
Waste Hauling Bulldozer with trade-in, Bid No. 2800; and
WHEREAS,
sufficient funding for the new unit is included in the 2004-05 Equipment
Revolving Fund and Landfill budgets for Capital Outlay, Vehicles; and
WHEREAS, two bids
failed to meet specifications, and the lowest compliant bid was offered by
Michigan Cat of Saginaw, Michigan; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase
order to Michigan Cat of Saginaw, Michigan in the amount of $206,110.00 for the
purchase of a bulldozer, including trade-in of city equipment number 6-48, in
accordance with the proposal and city specifications. (Motion ADOPTED.)
LEACHATE
DETECTION WELL REPLACEMENT
The following resolution was offered by Councilman Myers and seconded
by Councilman Rokosz:
WHEREAS, the City of Midland Landfill
utilizes two sets of wells to detect groundwater contamination, with the older
set monitoring the inactive cells on the south half of the site (Area A and
Cells 1-13) and the newer set monitoring the active and future cells on the
north half of the site (Cells 14-19); and
WHEREAS, in June 2004, in response to MDEQ
concerns about the older set of wells, City Council amended the 2003/04
Sanitary Landfill Fund budget by $50,000.00 to provide funding for a hydrogeologic study on the south half of the site; and
WHEREAS, the contract to perform the soil
sampling, analysis and reporting to the MDEQ was awarded to NTH Consultants LTD
of Farmington Hills, Michigan in the amount of $32,500.00; and
WHEREAS, the result of soil borings from the
study showed a single groundwater ‘zone’ on the site, rather than two zones as
previous studies had indicated, rendering obsolete four of the existing leachate detection wells in the south half of the site; and
WHEREAS, a cost estimate of $39,500.00 has
been provided by NTH to replace the obsolete wells and provide reporting to the
MDEQ; and
WHEREAS, the residual funding in the amount
of $17,500.00 ($50,000.00 - $32,500.00) from the June 28, 2004 budget
amendment, combined with a budget transfer from the 2004/05 Landfill Fund –
Contingency account in the amount of $22,000.00 will be used to fund the
proposed work; now therefore
RESOLVED, that based upon the recommendation
of City staff, the proposal provided by NTH Consultants LTD of Farmington
Hills, Michigan in the amount of $39,500.00 for the leachate
detection well replacement and reporting required by the MDEQ is accepted, and
sealed proposals are deemed impractical in accord with Section 2-18 of the Code
of Ordinances, and a purchase order is hereby authorized in the amount of
$39,500.00; and
RESOLVED FURTHER, that a budget transfer in
the amount of $22,000.00 from the
2004/05 Landfill Fund Contingency account to the 2004/05 Landfill Fund
Groundwater Testing account is hereby authorized. (Motion ADOPTED.)
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, on November 8, 2004 the City Council approved the cost-sharing grant agreement for the Barstow Airport Electrical Vault, which included a State share of $65,700 and a City share of $7,300, to house equipment and controls necessary to operate airfield lighting; and
WHEREAS, the Michigan Department of Transportation and the City of Midland now wish to enter into a construction contract with J. Ranck Electric, Inc. to construct the project; and
WHEREAS, the City Council has received project plans prepared by the City’s airport consultant; now therefore
RESOLVED, that the City
RESOLVED
FURTHER, that the Mayor and City
SPECIAL USE PERMIT NO. 14 – BICKFORD HOUSE
The following resolution was offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, Eby Group
on behalf of Bickford House has submitted a request for a special use permit
review and approval for a 46 unit senior living facility on 3.03 acres located
on the northeast corner of Jefferson Avenue and Joseph Drive; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 27.2(a) of the Zoning
Ordinance of the City of Midland on said special use; and
WHEREAS, the Planning Commission has
submitted its recommendation of approval, in accord with Section 27.3 of the
Zoning Ordinance of the City of
1. Storm
water detention plans are reviewed and approved by the City of Midland
Engineering Department.
2. Illumination
is not cast off site.
3. Dumpsters
are screened as required by the Zoning Ordinance.
4. “Box”
style parking space striping is required.
;now therefore
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, December 13, 2004,
at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the request for a special use permit; and
RESOLVED FURTHER, that the
City
Being no further business the
meeting adjourned at
______________________________________
Selina Tisdale, City