December 21, 2009

 

A regular meeting of the City Council was held on Monday, December 21, 2009, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Adams presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Scott Gaynor, Bruce Johnson, Marty Wazbinski

Councilmen absent:

Maureen Donker

 

MINUTES

Approval of the minutes of the December 7, 2009 special and regular meetings was offered by Councilman Gaynor and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

2009 BETTE R. TOLLAR CIVIC COMMITMENT AWARDS

Recreation Coordinator Marcie Post introduced Howard Garrett, Chair of the Beautification Advisory Committee, who presented the 2009 Bette R. Tollar Civic Commitment awards to Dahlia Hill and the Midland Soccer Club.  Lovisa Golder, Director of the Midland Soccer Club accepted the award on behalf of the Soccer Club and Charles Breed of the Dahlia Hill Society of Midland accepted the award on behalf of Dahlia Hill.

 

RECOGNITION OF BETTE R. & JIM TOLLAR

Howard Garrett, Chair of the Beautification Advisory Committee, introduced Bette R. Tollar who accepted a proclamation of recognition for Bette R. & Jim Tollar’s 40 years of promoting beautification in the City of Midland.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Bette R. & Jim Tollar for their outstanding contributions in beautifying the Midland community for the last 40 years.  (Motion ADOPTED.)  Mayor Pro Tem Adams presented Bette Tollar with the proclamation.

 

CONDITIONAL USE PERMIT NO. 36

Planning and Community Development Director Keith Baker introduced Conditional Use Permit No. 36 – a request from Daniel and Mary Spegel for a group daycare home (7-12 children) located at 5805 W. Wackerly Street in a Residential A-1 zoning district on 2.67 acres.  Petitioners Daniel and Mary Spegel spoke in support of the request.  A public hearing opened at 7:37 p.m., recognizing no public comments, the hearing closed at 7:37 p.m.  Councilman Wazbinski moved, seconded by Councilman Gaynor to remove contingency no. 5.  (Motion ADOPTED.  Yeas:  Adams, Gaynor, Wazbinski   Nays:  Johnson)  The following amended resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

WHEREAS, Daniel and Mary Spegel submitted a request for a group daycare home (7-12 children) located at 5805 West Wackerly Street located in a Residential A-1 zoning district on 2.67 acres; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, contingent upon the following:

      1.   That no on-premises signs be permitted.

      2.   That the hours of operation be from 6:00 a.m. to 12:00 a.m. (midnight), Monday through Friday.

      3.   That no exterior or interior alterations to the building be permitted that would otherwise change the character or nature of the dwelling as a residential use.

  4.   That no more than one additional non-resident adult employee be present at any given time.

in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 36, in accord with documents provided and submitted at the meeting of November 23, 2009.  (Motion ADOPTED.  Yeas:  Adams, Gaynor, Wazbinski   Nays:  Johnson)

 

PLANNED UNIT DEVELOPMENT NO. 16

Planning and Community Development Director Keith Baker introduced Planned Unit Development No. 16 – property west of Abbott Road, north of Betsey Drive and south of Alta Court – a request to remove requirement to construct a 4’ wide sidewalk on Kitty Hawk Circle.  A public hearing opened at 8:03 p.m.  Jim Siler, 2644 Kitty Hawk Circle, spoke on behalf of residents in Carolina Cove in favor of the request to remove the sidewalk requirement in their development.  The hearing closed at 8:05 p.m. The following resolution was then offered by Councilman Johnson and seconded by Councilman Gaynor:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the request from the Carolina Cove Condominium Association to remove the requirement to construct a 4’ wide sidewalk on Kitty Hawk Circle; and

WHEREAS, the City Council approved the Preliminary Plan for Planned Unit Development No. 15 for Carolina Cove Condominiums on February 10, 2003; now therefore

RESOLVED, that the City Council does hereby approve Planned Unit Development No. 16, to remove the requirement to construct a 4’ wide sidewalk on Kitty Hawk Circle.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

RECREATION PROGRAMS – PROPOSED FEE AMENDMENTS

Director of Public Services Karen Murphy presented information on ordinances amending swimming pool and general recreation fees.  The following two ordinance amendments were then presented for consideration.

 

SWIMMING POOL FEES ORDINANCE AMENDMENT (1ST reading)

Introduction and first reading of the following ordinance amending Swimming Pool fees was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

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 – Adult

$     3.00

$    4.00

per session

 

Public Swimming – Youth & Senior

$     2.00

$    3.00

per session

(2)

Limited Pass – 15 Admissions, Adult

$   35.00

$  45.00

per pass

 

Limited Pass – 15 Admissions, Youth

$   25.00

$  35.00

per pass

(3)*

Swimming Lessons

$   30.00

$  35.00

per session

(4)

Individual Swim Pass, unlimited use - Adult

$   75.00

$  80.00

per pass

 

Individual Swim Pass, unlimited use – Youth

$   60.00

$  65.00

per pass

(5)

Family Swim Pass – 2 members

$ 110.00

$ 115.00

per pass

(6)

Family Swim Pass – each additional member

$   25.00

$   30.00

per member

(7)

Family Swim Pass – maximum per family

$ 160.00

$ 165.00

per pass

(8)

Competitive Swim Pool Rental

$   20.00 per lane

$   50.00

per hour

(9)

Aquasize – per session

$   20.00

 

per session

(10)

Aquasize – daily drop-in

$     4.00

 

per day

(11)   MIDLAND DOLPHINS SEASON CONTRACT:  THE DIRECTOR OF PUBLIC SERVICES IS AUTHORIZED WITH THE APPROVAL OF THE CITY MANAGER TO ENTER INTO A COST RECOVERY AGREEMENT WITH THE MIDLAND DOLPHINS CONSISTENT WITH THE RECREATION FEE PHILOSOPHY FOR USE OF PLYMOUTH POOL.   THE AGREEMENT WILL BE REVIEWED AND ADJUSTED ANNUALLY AS NEEDED.

* THERE SHALL BE A $10.00 SERVICE FEE FOR REFUNDS.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

GENERAL RECREATION FEES ORDINANCE AMENDMENT – (1st reading)

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

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

$  25.00

per player

(2)

Adult softball player (2nd team)

$  18.00

$  25.00

per player

(3)

Adult softball player - Fall League

$    5.00

$  15.00

per player

(4)

Each softball team in individual tournaments

$  20.00

$  25.00

per team

(5)

Youth softball player

$    6.00

 

per player

(6)

Rugby player

$    6.00

$ 450.00

per player CLUB

(7)

BEACH VOLLEYBALL

 

 

 

 

PLAYER FEE

 

$  8.00

PER PLAYER

 

2 & 4 PLAYER LEAGUE SPONSOR FEE

 

$ 30.00

PER TEAM

 

6 PLAYER LEAGUE SPONSOR FEE

 

$  60.00

PER TEAM

(8)

Ski rental (each 2 hours or part thereof)

$    6.00

 

per hour

(9)

Toboggan rental (per hour two-hour maximum)     

$    6.00

 

per hour

(10)

Chalet building rental (2 hour minimum)

$  30.00

 

per hour

 

After 2 hour minimum

$  20.00

 

per hour

(11)

Picnic kit deposit

$  15.00

 

per kit

(12)*

Ball field rental – private tournament

$  10.00

 

per hour per field

(13)*

Ball diamond grooming – private tournament

$  15.00

 

per grooming

(14)*

Ball diamond grooming/maintenance – private tournament – Overtime

$  75.00

 

per hour

(15)*

Ball diamond grooming/maintenance – private tournament - Double time

$100.00

 

per hour

(16)*

Diamond dry field drying material– private tournament

$  12.00

 

per bag

(17)**

Picnic shelter reservations

 

 

 

 

Emerson A-1, Emerson E

$  25.00

 

per use

 

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

$  25.00

 

per use

 

Barstow Woods

$  25.00

 

per use

 

Stratford Woods

$  25.00

 

per use

 

Chippewassee

$  25.00

 

per use

 

Emerson D

$  45.00

 

per use

 

Plymouth A (entire shelter)

$  55.00

 

per use

 

Unsheltered areas

$  15.00

 

per use

 

Addition of a canopy

$  25.00

 

per request

 

Delivery of picnic tables (up to 10 tables)

$  30.00

 

per use

 

Additional tables (if available)

$    4.00

 

per table

(18)

Delivery of bleachers

$  20.00

 

per section

(18)

Delivery of stage risers

$  25.00

 

per use

(19)

Delivery of half barrel portable grill

$  10.00

 

per use

(20)

City stage rental

 

 

 

 

Non-profit group inside city limits

$   75.00

 

per use

 

For profit group inside city limits

$ 225.00

 

per use

 

Non-profit group outside city limits

$ 125.00

 

per use

 

For profit group outside city limits

$ 425.00

 

per use

(21)

HAUNTED FOREST

 

 

 

 

YOUTH (TO AGE 11)

 

$  3.00

PER ENTRY

 

ADULT (12 AND UP)

 

$  5.00

PER ENTRY

(22)

CANOE RENTAL

 

 

 

 

TWO HOUR RENTAL

 

$  5.00

PER USE

 

THREE HOUR RENTAL

 

$  6.00

PER USE

(23)

SPEAKER SYSTEM DEPOSIT

 

$  50.00

PER SYSTEM

*Note:  Fees for private tournament ball field maintenance effective 

            starting with the 2010 softball season.

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

      Exceptions to (17) 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.

***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.  (Motion ADOPTED.  Considered firs reading.)

 

THRUNE PARK RENOVATION

Department of Public Services Director Karen Murphy presented information on a donation from the Charles J. Strosacker Foundation for the renovation of Thrune Park.  Bobbie Arnold, Trustee of the Strosacker Foundation and Thrune Family members spoke regarding the donation and the renovation project.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, the Charles J. Strosacker Foundation has approved a donation to the City not to exceed $350,000 for the purpose of renovating Thrune Park; and

WHEREAS, renovation of the park has been recommended by both staff and the Parks and Recreation Commission in their draft Parks and Recreation Master Plan for 2010-2014; now therefore

RESOLVED, that the City of Midland graciously accepts the generous donation not to exceed $350,000 from the Charles J. Strosacker Foundation; and

RESOLVED FURTHER, that the City Council authorizes staff to commence with the design for the park renovation.  (Motion ADOPTED.)

 

COMPREHENSIVE ANNUAL FINANCIAL & AUDIT REPORT – JUNE 30, 2009

Fiscal Services Director David Keenan presented the Comprehensive Annual Financial Report and the Single Audit Report for the year ended June 30, 2009.  David Youngstrom, CPA, Yeo & Yeo, presented the Audit Report.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Johnson:

 

RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2009 is hereby received and ordered filed for public examination.  (Motion ADOPTED.)

 

2009 LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

City Clerk Selina Tisdale presented a resolution rejecting the 2009 Local Officers’ Compensation Commission Determinations as filed on November 23, 2009.  No action taken.

 

BULK FUEL PURCHASING PROCESS REPORT

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, staff has reviewed the current practice for making bulk fuel purchases as approved by the City Council on December 17, 2007; and

WHEREAS, said practice has resulted in significant cost savings through reductions in delivery charges; now therefore

RESOLVED, that the City Council accepts and files the report on the fuel purchase process.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP. FINANCIAL STATEMENTS

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditors’ Report dated June 30, 2009, with comparative figures for June 30, 2008, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

ANNEXATION FROM HOMER TOWNSHIP – 1334 N. STARK ROAD

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

SEC 01 T14N R1E COM AT SW COR OF N ½ OF SW ¼ OF NW ¼, TH N 66 FT, E 105 FT, S 100 FT, W 132 FT, N 34 FT, W 33 FT.

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 Homer 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 Homer; 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.)

 

DUATHLON IN CITY FOREST REQUEST

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

RESOLVED, that the request from Craig Elford and Kage Butcher to hold a duathlon on Saturday, July 24, 2010, beginning at 8:00 a.m., utilizing the City Forest, and charging an entry fee, is hereby approved; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,400 gallons of diesel fuel from Karbowski Oil of Bay City, Michigan for $27,905.50 executed by the Purchasing Agent on December 2, 2009, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,402 gallons of unleaded fuel from Hirschman Oil of Reese, Michigan for $25,973.08 executed by the Purchasing Agent on December 8, 2009, is hereby approved.  (Motion ADOPTED.)

 

 

CITY FOREST CHALET ROOFING PROJECT CHANGE ORDERS

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, on October 19, 2009, the City Council awarded a bid to R. F. Koester, Inc. of Hemlock, Michigan for $21,298 to re-roof the cedar portion of the City Forest chalet; and

WHEREAS, the contractor has discovered damage to the roof decking material that needs to be repaired prior to installing the new cedar roof; and

WHEREAS, there is sufficient funding in the Parks major maintenance account to cover the additional expense; now therefore

RESOLVED, that the City Manager be authorized and directed to execute change orders on behalf of the City of Midland for the additional repair work not to exceed $15,000. (Motion ADOPTED.)

 

PUMP FOR VALLEY PUMP STATION

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, on December 1, 2009, sealed bids for Valley Pump Station, Bid No. 3229, were received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, low bid for the specified make and model Flygt NZ-3202-45B pump was submitted by Kennedy Industries of Milford, Michigan, in the amount of $25,210.00; and

WHEREAS, funding has been budgeted for the purpose of pump replacement in the 2009/10 Wastewater Fund, account #590-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that a purchase order to Kennedy Industries in the amount of $25,210.00 for the Valley Pump Station pump replacement, is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $2,500.00.  (Motion ADOPTED.)

 

ZONING PETITION NO. 563

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 24, 2009 for property located at 204 Commerce Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

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 notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 23, 2009 and to publish said notice on December 26, 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 MAP TO PROVIDE A RESIDENTIAL B ZONING WHERE A LARKIN TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

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:

SOUTH ½, SOUTH ½, SOUTHEAST ¼, SECTION 28, T15N-R2E, LARKIN TOWNSHIP,

MIDLAND COUNTY, MICHIGAN, EXCEPT THE EAST 462.50 FEET OF THE SOUTH 234.00 FEET THEREOF.

Be, and the same is hereby changed to Residential B.

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.)

 

CONDITIONAL USE PERMIT NO. 37

The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

WHEREAS, Mann Construction, Inc. submitted a request for an A&W Restaurant (drive-in/drive-thru) located at 1514 Washington Street located in a Regional Commercial zoning district on 1.37 acres; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on January 11, 2010, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on December 23, 2009 and to publish said notice on December 26, 2009.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:47 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk