December 7, 2009
A regular meeting of the City Council was held on Monday, December 7,
2009, 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, Maureen Donker, Scott Gaynor, Bruce
Johnson, Marty Wazbinski |
|
Councilmen absent: |
None |
MINUTES
Approval of the minutes of the November 23, 2009 regular meeting was
offered by Councilman Gaynor and seconded by Councilman Adams. (Motion ADOPTED.)
PUBLIC COMMENTS
No public comments were made.
GOLF COURSE FEES
Assistant City Manager Jack Duso presented for second reading and
adoption an ordinance to amend Section 21-71 of Division 2 of Article II of
Chapter 21 – Golf Course Fees. Gregg
Clark, 2779 Beaver Ridge Road, Midland, Vice President of Operations at Sandy
Ridge Golf Course, spoke regarding the overall golf industry, local play
analysis and the concerns he has with Currie reducing some of its pricing. Ray Senesac, 1401 Harwood Court, spoke
regarding volume and pricing at Currie.
Frank Altimore, 2209 Norwood and a member of the Parks and Recreation
Commission, spoke in support of the new Currie pricing structure. The following ordinance amending golf course
fees was then offered by Councilman Johnson and seconded by Councilman
Wazbinski:
ORDINANCE NO. 1686
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 |
|
$11.50 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 |
|
$15.00 per play |
|
Regular weekend |
|
$15.00 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 |
|
$15.00 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 |
|
$25.00 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 end of season |
||
|
Dual |
|
|
|
Single Season Membership |
|
$1000.00 per Membership |
|
Couple season Membership |
|
$1500.00 per Membership |
|
* Currie Dual Members receive:
|
|
|
|
Unlimited play - East
Course Only |
|
|
|
Single season Membership |
|
$550.00 per Membership |
|
Couple
season Membership |
|
$750.00 per Membership |
|
Youth season
Membership |
|
$275.00 per
Membership |
|
* Currie East Members receive:
|
|
|
|
Unlimited play -
West Course Only |
|
|
|
Single season Membership |
|
$ 750.00 per Membership |
|
Couple
season Membership |
|
$1200.00 per Membership |
|
Youth season Membership |
|
$ 400.00 per Membership |
|
* Currie West Members receive:
|
|
|
|
Senior restricted
play - (West Course Only Monday through Friday before 3:00 p.m.) |
|
|
|
Single season Membership |
|
$600.00 per Membership |
|
Couple season Membership |
|
$1100.00 per Membership |
|
* Currie West Members receive:
|
|
|
|
Senior restricted
play – (East Course Only Monday through Friday before 3:00 p.m.) |
|
|
|
Single season Membership |
|
$450.00 per Membership |
|
Couple season Membership |
|
$700.00 per Membership |
|
* Currie East Members receive:
|
|
|
|
Family Membership
(West Course Only for Unlimited Family Members 18 years of age and under) |
|
$1450.00 per Membership |
|
* Currie West Members receive:
|
|
|
|
Family Membership
(East Course only for Unlimited Family Members 18 years of age and under) |
|
$1100.00 per Membership |
|
* Currie East Members receive:
|
|
|
|
Power Cart Fees |
||
|
9 Holes per person |
|
Not to exceed
$ 9.00 |
|
18 Holes per person |
|
Not to exceed
$15.00 |
|
Cart Lease |
|
|
|
Single |
|
$450.00 per season |
|
Couple |
|
$675.00 per season |
|
Trail Fee (Private
carts used only by owner or member of immediate family.) All other riders must pay a cart rental fee. |
|
|
|
Season pass |
|
$450.00 per pass |
|
Daily pass |
|
$ 10.00 per pass |
|
Par Three Course Daily Fees |
||
|
Par 3 – Regular |
|
$6.50 per play |
|
Par 3 – Senior |
|
$4.50 per play |
|
Par 3 – Youth |
|
$2.50 per play |
|
Driving Range Fees |
||
|
Driving Range |
|
|
|
Small Basket |
|
$3.00 |
|
Medium Basket |
|
$5.00 |
|
Large Basket |
|
$7.00 |
|
Driving Range Season Membership Fees |
||
|
Single |
|
$200.00 |
|
Course Season Membership (Single) |
|
$125.00 |
|
Course Season Membership (Couple) |
|
$200.00 |
|
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.
Family is defined as
husband and wife and their children 18 years of age and under.
Exception: The Golf Course
Manager is authorized with the approval of the City Manager to reduce daily fees on a discretionary basis
for the purpose of marketing additional play.
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED. Yeas: Adams, Donker, Gaynor Nays:
Johnson, Wazbinski)
PETITIONS AND REQUESTS FOR CAPITAL IMPROVEMENT PROJECTS
City Engineer Brian McManus presented four petitions and requests for
capital projects for consideration of inclusion in the 2010 Construction
Program. The following four resolutions
were then presented for consideration.
WATER MAIN ON WALDO AVENUE
Petitioner David Rapanos, 5903 Wildflower Circle, spoke in support of
the water and sewer petitions on Waldo Avenue.
The following resolution was then offered by Councilman Johnson and
seconded by Councilman Wazbinski:
RESOLVED, that the attached petition received from
David G. Rapanos for the installation of a water main on Waldo Avenue from
Wheeler Street to Diamond Drive, is hereby received and referred to the City
Engineering Department for consideration of inclusion in the 2010 Construction
Program. (Motion ADOPTED.)
SANITARY SEWER ON WALDO AVENUE
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Adams:
RESOLVED, that the attached petition received from
David G. Rapanos for the installation of a water main on Waldo Avenue from
Wheeler Street to Diamond Drive, is hereby received and referred to the City
Engineering Department for consideration of inclusion in the 2010 Construction
Program. (Motion ADOPTED.)
NON-MOTORIZED TRANSPORTATION IMPROVEMENTS
David Waite, Chair of the Non-Motorized Transportation Committee, spoke
in support of the Non-Motorized Transportation Improvement request. The following resolution was then offered by
Councilman Adams and seconded by Councilman Gaynor:
RESOLVED, that the attached petition received from the Non-Motorized
Transportation Advisory Committee for the installation of various non-motorized
transportation improvements on existing city streets, is hereby received and
referred to the City Engineering Department for consideration of inclusion in
the 2009 Construction Program. (Motion
ADOPTED.)
PEDESTRIAN BRIDGE ACROSS SAGINAW ROAD
Royal Braley, Jr. 2200 Wisconsin Street, Colleen Dolan, Cherryview
Drive, Linda Graff, 209 Wanetah, and Steve Dolan, 1211 Timber, all spoke in
favor of the pedestrian bridge across Saginaw Road. David Waite, Non-Motorized Transportation
Committee Chair, spoke in support of doing something to enhance the safety for
non-motorized activities at this intersection.
The following resolution was then offered by Councilman Johnson and
seconded by Councilman Adams:
RESOLVED, that the attached petition received from
Royal E. Braley, Jr. for the installation of a pedestrian bridge across Saginaw
Road at Eastlawn Drive, is hereby received and referred to the City Engineering
Department for consideration of inclusion in the 2009 Construction Program. (Motion DENIED. Yeas:
None Nays: Adams, Donker, Gaynor, Johnson, Wazbinski)
Council recessed at 10:05 p.m. and reconvened at 10:15 p.m.
CITY FOREST SUBDIVISION NO. 1 & 2 SIDEWALK TIME EXTENSION
Director of Planning and Community Development Keith Baker presented information on a request received for a two-year extension of time for completion of sidewalk in City Forest Estates Subdivision No. 1 and No. 2. The following two resolutions were then presented for consideration.
SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 1
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, a written request has been received from Roy Wise of Wiskin Developments, Inc., proprietor of City Forest Estates Subdivision No. 1, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision No. 1 until January 10, 2012 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial guarantee is not provided by January 15, 2010, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 2
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Johnson:
WHEREAS, a written request has been received from Roy Wise of Wiskin Developments, Inc., proprietor of City Forest Estates Subdivision No. 2, to extend the period of time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with the Code of Ordinances of the City of
Midland, the City Council hereby extends the period of time to complete the
sidewalk within City Forest Estates Subdivision No. 2 until April 14, 2012
conditioned upon receipt of a financial guarantee in an amount determined by
the City Engineer, valid for a period of one year beyond the date of the
required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial
guarantee is not provided by January 15, 2010, Council authorizes staff to use
the existing financial guarantee on file to install all remaining sidewalk.
(Motion ADOPTED.)
2009 CONSTRUCTION PROJECT REPORT
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Adams:
WHEREAS, the City Engineer reported the status of completion for projects in the 2009 Construction Program; now therefore
RESOLVED, that City Council hereby receives and files the 2009 Construction Progress Report. (Motion ADOPTED.)
LOCC DETERMINATIONS
City Clerk Selina Tisdale presented the filing of the 2009 Local
Officers’ Compensation Commission Determinations and a resolution placing the
2009 LOCC Determinations on the December 21, 2009 City Council agenda for the
purpose of hearing public comments. The
following resolution was then offered by Councilman Johnson and seconded by
Councilman Adams:
WHEREAS, in accord with Article IX of
Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation
Commission has duly met and approved its 2009 Local Officers’ Compensation
Commission Determinations; and
WHEREAS, said determinations were officially
filed by the Chairman of the Local Officers’ Compensation Commission in the
Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on
November 23, 2009; and
WHEREAS, in accord with Article IX of
Chapter 2 of the Code of Ordinances the determinations made by the Local
Officers’ Compensation Commission shall become effective on December 23, 2009
unless said determinations are rejected by a 4/5 vote of the City Council; now
therefore
RESOLVED, that the City Clerk’s notification
of the filing of 2009 Determinations of the Local Officers’ Compensation
Commission of the City of Midland on November 23, 2009 is hereby acknowledged
by the City Council as having been received; and
RESOLVED FURTHER, that the City Council
hereby directs that an additional copy of the 2009 Determinations of the Local
Officers’ Compensation Commission be filed in the Governmental Corner of the
Grace A. Dow Memorial Library for public review; and
RESOLVED
FURTHER, that the City Manager is hereby directed to place this item on the
December 21, 2009 City Council agenda for the purpose of hearing any public
comments prior to any action taken by the City Council.
(Motion ADOPTED.)
101 E. MAIN LIQUOR LICENSE (Step 1)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Adams:
RESOLVED, that the request to: TRANSFER
OWNERSHIP OF 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT,
LOCATED AT 101 E. MAIN, MIDLAND, MI
48640, MIDLAND COUNTY FROM GRANT HAMILTON GROUP LLC TO AUSTIN JAMES LLC
WITH LICENSE TO BE HELD IN ESCROW be considered for approval.
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
101 E. MAIN LIQUOR LICENSE (Step 2)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Adams:
RESOLVED, that the request to: TRANSFER
OWNERSHIP OF 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT,
LOCATED IN ESCROW AT 101 E. MAIN, MIDLAND, MI
48640, MIDLAND COUNTY FROM AUSTIN JAMES LLC TO SCHAFER HILL VENTURES LLC
(Step 2) WITH EXISTING OUTDOOR SERVICE AREA WHICH IS LOCATED ON THE CITY OF
MIDLAND’S SIDEWALK be considered for approval.
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
MIDMICHIGAN MEDICAL CENTER-MIDLAND VOLUNTEERS – CHARITABLE GAMING LIC.
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Adams:
RESOLVED, that the request from MidMichigan Medical Center-Midland Volunteers of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval. (Motion ADOPTED.)
LEGAL SERVICES FOR EASTLAWN ARMS TAX APPEAL
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Adams:
WHEREAS, the Gordon Management Company
appealed the 2004 – 2009 assessments and taxable values of real property it
owns in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the law firm of Braun, Kendrick, Finkbeiner, P.L.C. has been
retained in assisting the City of Midland in its legal defense of said appeal;
and
WHEREAS, the cost of said services is expected to exceed $20,000 and
therefore approval of the
WHEREAS, sufficient budgetary funding exists within the 2009-2010 Legal
Fees budget for general tax appeal cases; now therefore
RESOLVED, that the above-referenced 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 authorization for payment to the legal firm of
Braun, Kendrick, Finkbeiner, P.L.C. for their
assistance in connection with the aforementioned appeal is hereby authorized in
an amount not to exceed $34,000. (Motion
ADOPTED.)
ZONING TEXT AMENDMENT NO. 149A
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Adams:
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, January 11, 2010, at
7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning
Ordinance of the City of Midland, as set forth in the following proposed
Ordinance, which is hereby introduced and given first reading; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to publish said notice on December 19, 2009.
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 ORDINANCE
TO FURTHER DEFINE PERMITTING AND FOUNDATION REQUIREMENTS FOR ACCESSORY
STRUCTURES IN THE CITY OF MIDLAND.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
Section 2.02 – DEFINITIONS
RAT WALL: A low perimeter foundation wall that is both
below and above grade, intended to prevent rodents and burrowing animals from
accessing the sub-floor area.
Section 3.03 -- ACCESSORY BUILDINGS AND
STRUCTURES
A. General
Requirements
5. Applicability of Other Codes and Ordinances
Accessory buildings and structures shall be
subject to all other applicable codes and ordinances regarding construction,
installation, and operation. A zoning compliance permit, as outlined in Section
31.06, shall be required for all accessory buildings and structures with floor
area between 50 and 200 square feet. Any
accessory structure greater than 200 square feet in floor area shall require a
building permit.
6.
Foundations
All Accessory buildings and structures with
a floor area between 50 and 200 square feet shall be required to have a rat
wall foundation that extends a minimum of 12” below surrounding grade. The rat
wall foundation shall be constructed from concrete, block or foundation grade
lumber and conforms to the Michigan Building Code. An accessory building may
also be placed on a concrete slab which extends a minimum of 2 feet
horizontally from all four sides of the structure.
Section
31.06 ZONING COMPLIANCE PERMIT
B. Zoning Compliance Permit
1.
Permit Required
a.
A
zoning compliance permit shall be required prior to any construction on vacant
or improved land, or any construction or alterations whether requiring a
building permit or not. Zoning
compliance permits shall be issued concurrently with building permits.
b. In addition, any change of land use shall
also require a zoning compliance permit to ensure that all applicable zoning
ordinance requirements are adhered to and compliance with the Zoning Ordinance
is achieved.
2. Application
Requirements
No permit shall be issued for
construction, alteration, or remodeling of any building or structure where a
change in land use is proposed until an application has been submitted, showing
that the proposed uses, structures and buildings are in conformance with the
provisions of this Ordinance.
Applications for permits required by
this Section shall be filed with the Building Official.
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 10:35 p.m.
______________________________________
Selina Tisdale, City