November 22, 2004

 

A regular meeting of the City Council was held on Monday, November 22, 2004, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 8, 2004 regular and November 10, 2004 special meetings was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

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 Clerk/Community Relations Director Selina Tisdale presented a recommendation that the 2005-06 Budget Priorities Community Roundtable Discussions, originally scheduled for the first week of December, be rescheduled to the second week of January due to lack of participation.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby reschedules the dates for the 2005-06 Budget Priorities Community Roundtable Discussions to the week of January 10, 2005.  (Motion ADOPTED.)

ZONING PETITION NO. 513

Assistant City Manager Jon Lynch introduced Zoning Petition No. 513, to rezone property at 5512 W. Wackerly Street from Office Service-2 to Business C.   A public hearing opened at 7:28 p.m. Greg Weckesser, 3011 N. Sturgeon Road, spoke on behalf of the petitioner and answered Council questions.   The public hearing closed at 7:32 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

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 Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

LOT 2 OF EDWARDS SUBDIVISION BEING PART OF THE SE ¼ OF THE SE ¼, SECTION 36, T15N R1E.

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, 4623 Washington Street, spoke in support of the shelter fees.  Introduction and first reading of the following ordinance amending Section 21-73 of Division 4 of Article II of Chapter 21 of the Code of Ordinances was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. _______

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

$  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)

Rugby player

$    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

 

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

$  20.00

per use

 

Barstow Woods

$  20.00

per use

 

Stratford Woods

$  20.00

per use

 

Chippewassee

$  20.00

per use

 

Emerson D

$  40.00

per use

 

Plymouth A (entire shelter)

$  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 8:00 a.m. and end before 3:00 p.m.

           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

Assistant City Manager Jon Lynch introduced Site Plan No. 245 for a 14,160 square foot retail building and a 6,720 square foot office building located west of Jefferson Avenue and south of East Wackerly Street. Richard Fosgitt, of Bartow and King Engineers, spoke on behalf of Bennett Construction and answered Council questions.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

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.)

 

BENSON STREET VACATION REQUEST

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 Benson St. be vacated to allow further development of the area; and

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 Benson St. is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation.  (Motion ADOPTED.)

 

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 Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 17, 2005, for the purpose of reviewing the proposed Engineering Priorities Listing and receiving public input on the listing; and

RESOLVED FURTHER, that the City Manager shall set special meetings of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, April 18, 2005 and on Monday, May 2, 2005 for the purpose of budget review and public input on the budget; and

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 Midland, a public hearing shall be conducted at 7:00 p.m., Monday, May 9, 2005, in the Council Chambers of City Hall on the proposed 2005-06 budget.  (Motion ADOPTED.)

 

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 Plymouth Park; and

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 December 31, 2010.  (Motion ADOTPED.)

 

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, 4623 Washington Street, spoke in support of placing a youth on the Commission.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland City Council adopted a boards and commissions attendance policy; and

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 City Council receives and files the Parks and Recreation Commission vacancy report.  (Motion ADOPTED.)

 

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 Clerk are hereby authorized to enter a contract with Jerry Davis for services as an Owner’s Representative on the Civic Arena project.  (Motion ADOPTED.)

 

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.)

 

BARSTOW AIRPORT ELECTRICAL VAULT CONSTRUCTION

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 Attorney and City Engineer are hereby authorized to prepare and/or review contracts in accordance with the project plans as submitted to City Council; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to enter said contracts once approved by the City Attorney for the Barstow Airport Electrical Vault project.  (Motion ADOPTED.)

 

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 Midland, conditioned on the following:

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 Clerk is hereby directed to notify property owners and occupants within four hundred (400) feet of the area proposed by transmitting notice on December 3, 2004 and to publish said notice on December 4, 2004.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk