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.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

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.)

 

CONDITIONAL USE PERMIT NO. 44

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

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

ORDINANCE AMENDMENT – GENERAL RECREATION FEES (1st reading)

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. _______

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

$   25.00

  $  27.00

per player

(2)

Adult softball player (2nd team)

$   25.00

  $  27.00

per player

(3)

Adult softball player - Fall League

$   15.00

  $  17.00

per player

(4)

Each softball team in individual tournaments – FEE SET ON PER EVENT BASIS IN CONJUNCTION WITH MIDLAND SOFTBALL ASSOCIATION

$   25.00

 

PER EVENT

(5)

Youth softball player

$     6.00

   $   8.00

per player

(6)

Rugby club

$ 450.00

 

per club

(7)

Beach volleyball

 

 

 

 

Player fee

$  10.00

 

per player

 

2 & 4 player recreation league sponsor fee

$  30.00

 

per team

 

6 player recreation league sponsor fee

$  60.00

 

per team

 

2 & 4 player competitive  

league sponsor fee

$  45.00

 

per team

 

6 player competitive  

league sponsor fee

$  75.00

 

per team

(8)

ADULT KICKBALL (10 PLAYER MINIMUM PER TEAM)

 

$  10.00

PER PLAYER

(8 9)

Ski rental (each  RENTAL 2 hours or part thereof)

       CLASSIC SKIS

$    6.00

 

 

$  10.00

per hour

 

PER RENTAL

 

       SKATE SKIS

 

$  15.00

PER RENTAL

(9 10)

Toboggan rental (per hour two-hour maximum)     

$    6.00

 

per hour

(10 11)

Skate and sled rental

$    2.00

 

per two hours

(11 12)

Chalet building rental (2 hour minimum)

$  30.00

 

per hour

(12 13)

Picnic kit deposit

$  15.00

 

per kit

(13 14)*

Ball field rental – private tournament

$  10.00

 

per hour per field

 

  2 HOUR RENTAL

 

$   35.00

PER FIELD

 

  4 HOUR RENTAL

 

$   45.00 

PER FIELD

 

  FULL DAY RENTAL

 

$   90.00

PER FIELD

 

  DAILY COMPLEX – NEW

      REDCOATS FIELDS 9-13

 

$  400.00

PER COMPLEX

 

  DAILY COMPLEX –  OLD

      REDCOATS FIELDS 4-8

 

$  400.00

PER COMPLEX

 

  DAILY COMPLEX – EMERSON FIELDS 1-3

 

$  250.00

PER COMPLEX

(15)

BALL DIAMOND LIGHTS – PRIVATE TOURNAMENT USE

 

$   25.00

PER HOUR

(14 16)*

Ball diamond grooming – private tournament

$  15.00

 

per grooming

(15 17)*

Ball diamond grooming/maintenance – private tournament - Overtime

$  75.00

 

per hour

(16 18)*

Ball diamond grooming/maintenance – private tournament - Double time

$100.00

 

per hour

(17 19)*

Diamond dry field drying material– private tournament

$  12.00

 

per bag

(18 20)**

Picnic shelter reservations

 

 

 

 

Emerson A-1, Emerson E

$  25.00

  $  35.00

per use

 

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

$  25.00

  $  35.00

per use

 

Barstow Woods

$  25.00

  $  35.00

per use

 

Stratford Woods

$  25.00

  $  35.00

per use

 

Chippewassee

$  25.00

  $  35.00

per use

 

Emerson D

$  45.00

  $  55.00

per use

 

Plymouth A (entire shelter)

$  55.00

  $  65.00

per use

 

Unsheltered areas

$  15.00

  $  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

(19 22)

Delivery of bleachers

$  20.00

 

per section

(20 23)

Delivery of portable grill

$  10.00

 

per use

(2124)***

City stage rental

 

 

 

 

Non-profit group inside city limits

$   75.00

  $ 100.00

per use

 

For profit group inside city limits

$ 225.00

  $ 250.00

per use

 

Non-profit group outside city limits

$ 125.00

  $ 175.00

per use

 

For profit group outside city limits

$ 425.00

  $ 450.00

per use

(22 25)

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

           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.)

 

GRANT FOR EMERSON PARK PAVILION

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.)

 

CONFIRMATION OF DDA APPOINTMENTS

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.)

 

UNLEADED FUEL PURCHASE

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.)

 

DIESEL FUEL PURCHASE

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.)

 

PO INCREASE – WATER DISTRIBUTION COLD STORAGE BUILDING

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.)

 

WATER FITTINGS PURCHASE

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 Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 


PROPOSED 2012-13 GENERAL FUND BUDGET AMENDMENT

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 Clerk