January 7, 2013
A regular meeting of the City Council was held on Monday, January 7, 2013,
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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the December 17, 2012 special and regular
meetings was offered by Councilman Brown and seconded by Councilman Adams. (Motion ADOPTED.)
Planning and Community Development Director Brad Kaye presented
information on Conditional Use Permit No. 44 – a request from K-Berger III, LLC
for a Culver’s Restaurant with a drive-through, located at 7300 Eastman Avenue
in a Regional Commercial zoning district on 1.17 acres. A public hearing opened at 7:15 p.m. Greg Petru, Kebs, Inc.,
representing Culver’s commented on the project. The public hearing closed at 7:16 p.m. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, K-Berger III, LLC submitted a request for a conditional land use permit for a Culver’s Restaurant with a drive-through located at 7300 Eastman Avenue located in a Regional Commercial zoning district on 1.17 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. The fire hydrant located on the east side of the proposed restaurant shall be relocated to the northern extent of the landscaped island, subject to Fire Department approval of the final location.
2. The internal sidewalk adjacent to the handicapped parking spaces shall be 7 feet in width.
3. The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.
4. All landscaping shall comply with Article 6 of the Zoning Ordinance. Additional vegetation shall be planted in the landscape island running along the east side of the site.
5. All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
6. All exterior signage shall comply with Article 8 of the Zoning Ordinance.
7. A soil and sedimentation control plan must be approved.
8. All required public easements shall be secured and provided to the City of Midland, to the satisfaction of the City Engineering, Water and Planning Departments.
9. Bike rack(s) in compliance with the City of Midland Zoning Ordinance shall be installed to the satisfaction of the City Planning Department.
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. 43, in accord with documents provided and submitted at the meeting of December 3, 2012. (Motion ADOPTED.)
No public comments were made.
Department of Public Services Director Karen Murphy presented information
on an ordinance amending Sec. 21-73 of Div. 4 of Article II of Chapter 21 –
General Recreation Fees. Introduction
and first reading of the following ordinance amendment was then offered by
Councilman Brooks and seconded by Councilman Brown:
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
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(1) |
Adult softball player |
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$
27.00 |
per player |
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(2) |
Adult softball player (2nd
team) |
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$
27.00 |
per player |
|
(3) |
Adult softball player - Fall League |
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$
17.00 |
per player |
|
(4) |
Each softball team in individual
tournaments – FEE SET ON PER EVENT
BASIS IN CONJUNCTION WITH MIDLAND SOFTBALL ASSOCIATION |
|
|
PER EVENT |
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(5) |
Youth softball player |
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$
8.00 |
per player |
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(6) |
Rugby club |
$ 450.00 |
|
per club |
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(7) |
Beach volleyball |
|
|
|
|
|
Player fee |
$
10.00 |
|
per player |
|
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2 & 4 player recreation league sponsor
fee |
$ 30.00 |
|
per team |
|
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6 player recreation league sponsor fee |
$
60.00 |
|
per team |
|
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2 & 4 player competitive league sponsor fee |
$ 45.00 |
|
per team |
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6 player competitive league sponsor fee |
$ 75.00 |
|
per team |
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(8) |
ADULT KICKBALL (10 PLAYER
MINIMUM PER TEAM) |
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$ 10.00 |
PER PLAYER |
|
( |
Ski rental (
CLASSIC SKIS |
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$
10.00 |
PER RENTAL |
|
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SKATE SKIS |
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$ 15.00 |
PER RENTAL |
|
( |
Toboggan rental (per hour two-hour
maximum) |
$ 6.00 |
|
per hour |
|
( |
Skate and sled rental |
$
2.00 |
|
per two hours |
|
( |
Chalet building rental (2 hour minimum) |
$
30.00 |
|
per hour |
|
( |
Picnic kit deposit |
$
15.00 |
|
per kit |
|
( |
Ball field rental – private tournament |
|
|
|
|
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2 HOUR RENTAL |
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$ 35.00 |
PER FIELD |
|
|
4 HOUR RENTAL |
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$ 45.00
|
PER FIELD |
|
|
FULL DAY RENTAL |
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$ 90.00 |
PER FIELD |
|
|
DAILY COMPLEX – NEW REDCOATS FIELDS 9-13 |
|
$ 400.00 |
PER COMPLEX |
|
|
DAILY COMPLEX – OLD REDCOATS FIELDS 4-8 |
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$ 400.00 |
PER COMPLEX |
|
|
DAILY COMPLEX – EMERSON FIELDS 1-3 |
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$ 250.00 |
PER COMPLEX |
|
(15) |
BALL DIAMOND LIGHTS –
PRIVATE TOURNAMENT USE |
|
$ 25.00 |
PER HOUR |
|
( |
Ball diamond grooming – private tournament |
$ 15.00 |
|
per grooming |
|
( |
Ball diamond grooming/maintenance –
private tournament - Overtime |
$ 75.00 |
|
per hour |
|
( |
Ball diamond grooming/maintenance –
private tournament - Double time |
$100.00 |
|
per hour |
|
( |
Diamond dry field drying material– private
tournament |
$ 12.00 |
|
per bag |
|
( |
Picnic shelter reservations |
|
|
|
|
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Emerson A-1, Emerson E |
|
$
35.00 |
per use |
|
|
|
|
$
35.00 |
per use |
|
|
|
|
$
35.00 |
per use |
|
|
|
|
$
35.00 |
per use |
|
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Chippewassee |
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$
35.00 |
per use |
|
|
Emerson D |
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$ 55.00 |
per use |
|
|
|
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$ 65.00 |
per use |
|
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Unsheltered areas |
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$ 25.00 |
per use |
|
|
Addition of a canopy |
$
25.00 |
|
per request |
|
|
Delivery of picnic tables (up to 5 tables) |
$ 20.00 |
|
per use |
|
|
Additional tables (if available up to
maximum of 10 tables) |
$
4.00 |
|
per table |
|
(21) |
BAND SHELL RESERVATION |
|
$
75.00 |
PER USE |
|
( |
Delivery of bleachers |
$ 20.00 |
|
per section |
|
( |
Delivery of portable grill |
$ 10.00 |
|
per use |
|
( |
City stage rental |
|
|
|
|
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Non-profit group inside city limits |
|
$ 100.00 |
per use |
|
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For profit group inside city limits |
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$
250.00 |
per use |
|
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Non-profit group outside city limits |
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$
175.00 |
per use |
|
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For profit group outside city limits |
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$
450.00 |
per use |
|
( |
Speaker system deposit |
$
50.00 |
|
per system |
(23 26) Tennis lesson agreement:
The director of public services is authorized with the approval of the
city manager to enter into a cost recovery agreement with the Midland Community
Tennis Center consistent with the recreation fee philosophy for administrative
costs related to advertising and program registration for summer youth tennis
lessons. The agreement will be reviewed
and adjusted annually as needed.
*Note: Fees for private tournament ball field
maintenance effective starting with the 2010 softball season. ALL
FIELD RENTALS INCLUDE INITIAL FIELD PREPARATION (GROOMING AND CHALK LINES). FOR PRIVATE TOURNAMENTS REQUESTING SPECIAL
AMENITIES OR ENHANCED FIELD MAINTENANCE, THE DIRECTOR OF PUBLIC SERVICES MAY
CHARGE ADDITIONAL FEES ON A SPECIAL RECREATION EVENT BASIS TO COVER COSTS
INCURRED.
**Note: Fees paid for shelter reservations are
non-refundable.
Exceptions
to (18 20) 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 from April 15 – June 30 are
exempt from fees.
***Note: Stage rental is intended for community events
held with the City limits or Midland County only.
Stage
rental fees are non-refundable.
****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 first reading.)
Department of Public Services Director Karen Murphy presented
information on a grant from The Herbert H. and Grace A. Dow Foundation to fund
the replacement of a pavilion at Emerson Park.
The following resolution was then offered by Councilman Adams and
seconded by Councilman Brown:
WHEREAS, the main pavilion at Emerson Park was removed this fall due to
structural concerns; and
WHEREAS, The Herbert H. and Grace A. Dow Foundation has awarded the City
a grant for $45,000 to replace the pavilion; now therefore
RESOLVED, that the City Council hereby accepts the grant of $45,000 from
The Herbert H. and Grace A. Dow Foundation for replacement of the large
pavilion at Emerson Park. (Motion
ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Adams:
RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, City Council confirms the City Manager’s appointment of Paul Barbeau and David Kell to fill vacancies on the Downtown Development Authority board with terms expiring May 1, 2017. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Adams:
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, City Council reviewed the process on December 21, 2009 and
decided to continue as it still provides a significant cost savings to the
City; 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 10,002 gallons of E10 ethanol
blend unleaded fuel from Hirschman Oil of Reese, Michigan for $24,634.93
executed by the Purchasing Agent on December 20, 2012, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Adams:
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, City Council reviewed the process on December 21, 2009 and
decided to continue as it still provides a significant cost savings to the
City; 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 Winter Blend
diesel fuel from Hirschman Oil of Reese, Michigan for $40,803 executed by the
Purchasing Agent on December 20, 2012, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Adams:
WHEREAS, sealed bids for construction of a
Cold Storage Building, Bid 3462, have been advertised and received in accord
with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS, the low bid was accepted from Central
Concrete Placement of Midland and a purchase order was issued in the amount of
$104,000.00; and
WHEREAS, changes to the design and
materials were recommended and accepted during the construction phase of the
storage building to improve overall usability, totaling $8,850.00; and
WHEREAS, funding has been budgeted for this
purpose in the 2012/13 Water Fund account #591.9120.97.020 – Capital Buildings
and Additions; now therefore
RESOLVED, that an increase in the purchase
order to Central Concrete Placement is hereby authorized in the amount of
$8,850.00 for the additional construction services provided, bringing the total
amount of the purchase order to $112,850.00.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Adams:
WHEREAS, sealed bids for Bid No. 3484, Water Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS, staff considers the low bid received from ETNA Supply Co. of Grand Rapids to be acceptable, and recommends award for inventory purchases of water fittings; and
WHEREAS, funding is provided in the Water Fund Inventory Account #591.13.031; now therefore
RESOLVED, that a purchase order is hereby authorized to ETNA Supply Co. of Grand Rapids, Michigan in an amount not to exceed $32,665.14; and
RESOLVED FURTHER, that the City
The following resolution was offered by Councilman Brown and seconded by
Councilman Adams:
RESOLVED, 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., January 21, 2013 in
the Council Chambers of City Hall on the proposal to amend the FY 2012-13
General Fund budget to recognize an additional $45,000 of revenue from The
Herbert H. and Grace A. Dow Foundation, and provide additional appropriations
in the same amount to be used for construction of a replacement pavilion in
Emerson Park, and direct the City Clerk to give notice as provided in Section
5.11 of the Charter of the City of Midland.
(Motion ADOPTED.)
Being no further business the meeting adjourned at 7:35 p.m.
______________________________________
Selina Tisdale, City