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.
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Councilmen present: |
Thomas Adams, Scott Gaynor, Bruce Johnson, Marty
Wazbinski |
|
Councilmen absent: |
Maureen Donker |
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.)
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.
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.
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
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)
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.)
No public comments were made.
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.
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. _______
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) |
|
$
35.00 |
$ 45.00 |
per pass |
|
|
|
$
25.00 |
$ 35.00 |
per pass |
|
(3)* |
Swimming Lessons |
$
30.00 |
$ 35.00 |
per session |
|
(4) |
|
$
75.00 |
$ 80.00 |
per pass |
|
|
|
$
60.00 |
$ 65.00 |
per pass |
|
(5) |
|
$ 110.00 |
$
115.00 |
per pass |
|
(6) |
|
$
25.00 |
$ 30.00 |
per member |
|
(7) |
|
$ 160.00 |
$
165.00 |
per pass |
|
(8) |
Competitive Swim Pool Rental |
$
20.00 |
$ 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.)
The following resolution was offered by Councilman Gaynor and seconded
by Councilman Wazbinski:
ORDINANCE NO. _______
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 |
|
$ 25.00 |
per player |
|
(2) |
Adult softball player (2nd
team) |
|
$ 25.00 |
per player |
|
(3) |
Adult softball player - Fall League |
|
$ 15.00 |
per player |
|
(4) |
Each softball team in individual
tournaments |
|
$ 25.00 |
per team |
|
(5) |
Youth softball player |
$
6.00 |
|
per player |
|
(6) |
|
|
$
450.00 |
per |
|
(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 |
|
|
|
|
|
|
|
(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 |
|
|
|
$
25.00 |
|
per use |
|
|
|
$
25.00 |
|
per use |
|
|
|
$
25.00 |
|
per use |
|
|
Chippewassee |
$
25.00 |
|
per use |
|
|
Emerson D |
$
45.00 |
|
per use |
|
|
|
$
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 |
|
|
|
|
|
|
|
(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
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.)
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.)
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.)
City Clerk Selina Tisdale presented a resolution rejecting the 2009 Local Officers’ Compensation Commission Determinations as filed on November 23, 2009. No action taken.
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.)
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.)
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.)
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
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.)
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.)
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.)
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
The following resolution was offered by Councilman Gaynor and seconded by Councilman Wazbinski:
WHEREAS, a
public hearing was held by the
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.)
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
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