December 3, 2007

 

A regular meeting of the City Council was held on Monday, December 3, 2007, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 19, 2007 special and regular meetings was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

CENTER CITY INITIATIVE PROJECT

Planning and Community Development Director Keith Baker introduced Midland Area Chamber of Commerce President Sid Allen who spoke regarding the Center City Initiative and introduced the Chamber Business Development Coordinator Heidi SaidiZand who gave a presentation on the Center City Initiative project.  Paul White, Chair of the Center City Initiative spoke in support of the project.  Richard McCreadie, 2700 Washington Street, expressed his opposition to the Center City Initiative project and his desire for his business property to not be located within the authority’s district.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, there presently exists the South Saginaw Road/Ashman Circle commercial corridor which could potentially benefit from the new Corridor Improvement Authority Act, Act 280 of PA 2005 (the “Act”), through analysis, short- and long-term planning, construction, renovation, repair, remodeling, rehabilitation, restoration, preservation and reconstruction of buildings and facilities; and

WHEREAS, tax incremental financing is one of many tools available to finance these activities under the Act; and

WHEREAS, the Council, having been presented testimony by the Center City Initiative sponsored by the Midland Area Chamber of Commerce regarding the public need and potential benefits that could be realized through the Act; and

WHEREAS, pursuant to the Act, this Council is required to adopt a resolution of intent: (a) to set a public hearing date on the adoption of a proposed ordinance creating an Authority under the Act, and, (b) to designate the boundaries of the development area, that being the area within which the Authority shall exercise its powers, and (c) to declare that the proposed development area meets the criteria established by Section 5 of the Act; now therefore

RESOLVED, The Council accepts and acknowledges receipt of the presentation by the Center City Initiative; and

RESOLVED FURTHER, the Council will consider a resolution of intent and first reading of a proposed ordinance creating an Authority under the Act at its meeting on Monday, December 17, 2007.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 25

Planning and Community Development Director Keith Baker introduced Conditional Use Permit No. 25 – to allow a 3,494 square foot automobile filling station with a drive up window in a Regional Commercial District at 6801 Jefferson Avenue on 1.8 acres.  Engineer Stacie Tewari with Rowe Engineering spoke on behalf of the petitioner Tom Spencer regarding the project.  Brett Schwenke, Palace Consultants, spoke regarding wetland issues associated with the site and this project.  A public hearing opened at 8:16 p.m.  Doug Behr, 308 Broadhead Estates, spoke in opposition to the proposed development.  He encouraged Council to consider ways to minimize impact on the area, especially in regard to traffic.  He requested the drive-through not be allowed.  The public hearing closed at 8:21 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, Rowe Incorporated on behalf of Thomas Spencer submitted a request for a conditional use permit review and approval to allow a 3,494 square foot automobile filling station with a drive up window at 6801 Jefferson Avenue on 1.8 acres in a Regional Commercial district; 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.   All off-street parking spaces are delineated by “box” style striping per Section 5.03(D)3 of the Zoning Ordinance.

      2.   All exterior lighting shall comply with Section 3.12 and the canopy lighting adheres to Section 3.12(A)7 of the Zoning Ordinance.

      3.   The proposed dumpster and enclosure are re-located to adhere to the setback requirements of Section 9.02 C.

      4.   Five foot wide sidewalks are constructed adjacent to Jefferson Avenue and Joe Mann Boulevard.

      5.   All signage adheres to Article 8 of the Zoning Ordinance.

      6.   All of the requirements of Section 9.02 C and G of the Zoning Ordinance are adhered to.

      7.   All landscaping adheres to Article 6 of the Zoning Ordinance and clear vision is maintained adjacent to all driveways.

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. 25 in accord with documents provided and submitted at the meeting of November 12, 2007.  (Motion ADOPTED.)

 

MSARI HOLDINGS, LLC INDUSTRIAL DEVELOPMENT DISTRICT

City Assessor Reid Duford presented a request from MSARI Holdings, LLC to establish an Industrial Development District.  Petitioner Bonnie Ziegler, President of NewTech, spoke regarding the proposed project.  Executive Director of Midland Tomorrow Scott Walker spoke in favor of the Industrial Development District.  A public hearing opened at 8:53 p.m., recognizing no public comments, the hearing closed at 8:53 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, MSARI Holdings, LLC by means of a letter dated October 11, 2007, which was received by the City Clerk on October 31, 2007, has requested the establishment of an Industrial Development District with the proposed district being described as follows:

PART OF THE SOUTHWEST 1/4 OF SECTION 23, T14N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS; COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION; THENCE SOUTH 01 DEG 04 MIN 44 SEC WEST, 1319.87 FEET ALONG THE WEST SECTION LINE TO THE SOUTH 1/8 LINE ACCORDING TO THE PLAT OF EASTWICK NO. 1 RECORDED IN LIBER O, PAGE 3 OF MIDLAND COUNTY RECORDS; THENCE SOUTH 89 DEG 50 MIN 39 SEC EAST, 235.00 FEET ALONG SAID 1/8 LINE TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEG 50 MIN 39 SEC EAST 475 FEET; THENCE SOUTH 01 DEG 04 MIN 44 SEC WEST 147.72 FEET PARALLEL WITH THE WEST SECTION LINE TO THE NORTH RIGHT-OF-WAY LINE OF MARK PUTNAM ROAD; THENCE NORTH 89 DEG 45 MIN 19 SEC WEST 475 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE NORTH 01 DEG 04 MIN 44 SEC EAST, 146.98 FEET TO THE POINT OF BEGINNING, CONTAINING 1.61 ACRES, MORE OR LESS.  AND IS SUBJECT TO ANY AND ALL EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER USED, IMPLIED OR OF RECORD.  

; and

WHEREAS, MSARI Holdings, LLC is the property owner of more than 75% of the SEV of the industrial property within the proposed district; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time the request was filed; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on December 3, 2007, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of MSARI Holdings, LLC for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the MSARI Holdings Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion ADOPTED.)

 

MID-MICHIGAN ENERGY, LLC – IFT APPLICATIONS

City Assessor Reid Duford presented a request from Mid-Michigan Energy, LLC for three Industrial Facilities Exemption Certificates located within the Mid-Michigan Industrial Development District No. 1, relating to new facilities for the construction of a 750 MW (nominal) baseload, coal-fired power plant to produce electricity and steam for local industry and Michigan needs.  Janet Vanderpool, Project Manager representing Mid-Michigan Energy, LLC, spoke regarding the project and in support of the request before Council.  Scott Walker, Executive Director of Midland Tomorrow, spoke in support of the exemption certificates and the benefits this project brings to the Midland Community.  A public hearing opened at 9:36 p.m. Suzette Zelenak, 4309 Brambleridge, spoke in opposition to the City granting the exemption certificates.  Sid Allen, President of the Midland Area Chamber of Commerce, offered the Chamber’s support for moving this project forward in order to enhance the short and long-term viability of the community.  The public hearing closed at 9:47 p.m.   The following three resolutions were then presented for consideration. 

 

MID-MICHIGAN ENERGY, LLC – IFT APPLICATION PHASE I

The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Mid-Michigan Energy Industrial Development District No. 1 was established by resolution of the Midland City Council on October 22, 2007; and       

WHEREAS, Mid-Michigan Energy, LLC  made an application dated October 31, 2007, which was received by the City Clerk on November 1, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $306,585,000, which includes $11,370,000 in new personal property and $295,215,000 in real property improvements with the same being located within the Mid-Michigan Energy Industrial Development District No. 1, for Phase 1 of the construction of a 750 MW (nominal) baseload, coal-fired power plant to produce electricity and steam for local industry and Michigan needs and will include, but not be limited to, detailed engineering/design, procurement of materials and equipment, site preparation/earthwork and installation of utilities; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on December 3, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, notice of a public hearing on said application was published on November 17, 2007 in the Midland Daily News setting the date of Monday, December 3, 2007 at 7:00 p.m. in the Council Chambers of City Hall, 333 W. Ellsworth Street, Midland, Michigan, as the time and place at which a hearing would be held with respect to the application of Mid-Michigan Energy, LLC for an industrial facilities exemption certificate; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Mid-Michigan Energy, LLC considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption Certificate from Mid-Michigan Energy, LLC for a new facility within the industrial development district be and the same is hereby approved in substantially the form on file with the City Clerk, for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Mid-Michigan Energy, LLC pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993 and to take further action and execute such documents and agreements on behalf of the City as are necessary to accomplish the intent of this Resolution and the approval of an industrial facilities exemption certificate for Mid-Michigan Energy, LLC.  (Motion ADOPTED.)

 

MID-MICHIGAN ENERGY, LLC – IFT APPLICATION PHASE II

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the Mid-Michigan Energy Industrial Development District No. 1 was established by resolution of the Midland City Council on October 22, 2007; and       

WHEREAS, Mid-Michigan Energy, LLC  made an application dated October 31, 2007, which was received by the City Clerk on November 1, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $1,369,505,000, which includes $85,275,000 in new personal property and $1,284,230,000 in real property improvements with the same being located within the Mid-Michigan Energy Industrial Development District No. 1; for Phase 2 of the construction of a 750 MW (nominal) baseload, coal-fired power plant to produce electricity and steam for local industry and Michigan needs and will include, but not be limited to, installation of piping, equipment and material handling facilities; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on December 3, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, notice of a public hearing on said application was published on November 17, 2007 in the Midland Daily News setting the date of Monday, December 3, 2007 at 7:00 p.m. in the Council Chambers of City Hall, 333 W. Ellsworth Street, Midland, Michigan, as the time and place at which a hearing would be held with respect to the application of Mid-Michigan Energy, LLC for an industrial facilities exemption certificate; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Mid-Michigan Energy, LLC considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption Certificate from Mid-Michigan Energy, LLC for a new facility within the industrial development district be and the same is hereby approved in substantially the form on file with the City Clerk, for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Mid-Michigan Energy, LLC pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993 and to take further action and execute such documents and agreements on behalf of the City as are necessary to accomplish the intent of this Resolution and the approval of an industrial facilities exemption certificate for Mid-Michigan Energy, LLC.  (Motion ADOPTED.)

 

MID-MICHIGAN ENERGY, LLC – IFT APPLICATION PHASE III

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the Mid-Michigan Energy Industrial Development District No. 1 was established by resolution of the Midland City Council on October 22, 2007; and       

WHEREAS, Mid-Michigan Energy, LLC  made an application dated October 31, 2007, which was received by the City Clerk on November 1, 2007, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with a total project cost of $292,510,000, which includes $17,055,000 in new personal property and $275,455,000 in real property improvements with the same being located within the Mid-Michigan Energy Industrial Development District No. 1; for Phase 3 of the construction of a 750 MW (nominal) baseload, coal-fired power plant to produce electricity and steam for local industry and Michigan needs and will include, but not be limited to, completion of the plant with final installation, testing, and startup and commissioning; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on December 3, 2007, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, notice of a public hearing on said application was published on November 17, 2007 in the Midland Daily News setting the date of Monday, December 3, 2007 at 7:00 p.m. in the Council Chambers of City Hall, 333 W. Ellsworth Street, Midland, Michigan, as the time and place at which a hearing would be held with respect to the application of Mid-Michigan Energy, LLC for an industrial facilities exemption certificate; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Mid-Michigan Energy, LLC considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption Certificate from Mid-Michigan Energy, LLC for a new facility within the industrial development district be and the same is hereby approved in substantially the form on file with the City Clerk, for a period of 12 years “after completion”; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Mid-Michigan Energy, LLC pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993 and to take further action and execute such documents and agreements on behalf of the City as are necessary to accomplish the intent of this Resolution and the approval of an industrial facilities exemption certificate for Mid-Michigan Energy, LLC.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

LIBRARY FINES, FEES AND OTHER CHARGES

Grace A. Dow Memorial Library Director Melissa Barnard presented for second reading and adoption an ordinance amending Article IV, Chapter 21, Library Fines, Fees and Other Charges.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

 

 

 

ORDINANCE NO.  1645

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 21- 90, 21-91 and 21-92 OF ARTICLE IV OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Sections 21-90, 21-91 and 21-92 of Article IV of Chapter 21 are amended to read as follows:

Sec. 21-90. Library fines.

The overdue fines for library services are as follows:           

1.            Adult materials, $0.15 per day, per item, up to a maximum of $15.00 per item

per check out period, or the cost of the item, whichever is less.

2.            Juvenile materials, $0.10 per day, per item, up to a maximum of $10.00 per item per check out period, or the cost of the item, whichever is less.

3.            Videos, $1.00 per day, per video up to the replacement cost of the video.

A four-day grace period after the due date is allowed on all materials except Book Express books, and videos.  If the material is returned on the fifth day after the date due, the fine is retroactive to the original date.

Sec. 21-91. Use fees.

The fees for library services are as follows:

(1)  Use fees:

a.            Videos

1.            Up to six (6) months after release: $2.50 per check out period

2.            Six (6) months after release: $1.25 per check out period

3.            Children’s videos: No charge

The fees for videos may be adjusted or be waived at the discretion of the Library Director.

b.       Holds placed: $0.25 per hold   

          Library of Michigan MeL (Michigan Electronic Library) Catalog requests: No charge

c.        Temporary cards: $25.00 per year

            d.       Non-resident cards: $75.00 per year

            e.         Replacement cards: $2.00; damaged cards will be replaced free of charge upon     presentation of damaged card by card holder.

f.       Service charge of $1.00 for privilege of borrowing materials without having library           card readily available. (All circulation policies apply.)

            g.     Public Computers Printing/Copying
         1.   Black and white – First page no charge, additional printing $0.10 per page  

2.   Color - $1.00 per page

                     3.   Copy machines, Microform reader printer - $0.10 per page
h.     Interlibrary loans – All charges from loaning libraries including postage, insurance

        and loaning fees will be charged to the borrower requesting the information. 

        Payment required in advance. 

i.      Laptop computers – First hour at no charge, $2.50 each additional hour, in-house

        use only, restricted to adults 18 years or older.  Borrower agreement to be signed    

        prior to use.

j.      Fees for special programs can be charged at the discretion of the Library Director.

(2)        Meeting facilities use fees:
A deposit may be required at time of reservation.

 

 

 

Profit Groups

Not for Profit

and 501(c) Groups

 

a.     Conference Room

$25.00/hr

No charge

 

 

Overhead Projector

$10.00/day

$10.00/day

 

b.    Lounge

$30.00/hr

Min 2 hrs

$15.00/hr

Min 2 hrs

 

 

Additional hours

$20.00/hr

$15.00/hr

 

 

Overhead Projector

$10.00/day

$10.00/day

 

 

Large Screen TV and VCR/DVD

$20.00/day

$20.00/day

 

 

Coffee Urns

$5.00/day

$5.00/day

 

 

Custodial Overtime

 

 

 

 

   Monday—Saturday

$35.00/hr

$35.00/hr

 

 

   Sunday

$40.00/hr

$40.00/hr

 

c.    Auditorium

$40.00/hr

Min 2 hrs

$20.00/hr

Min 2 hrs

 

 

Additional hours

$30.00/hr

$20.00/hr

 

 

Piano

$30.00/day

$30.00/day

 

                                                                          Tuning not included, market rate

 

 

 

Overhead Projector

$10.00/day

$10.00/day

 

 

Video Projection System

$50.00/day

$50.00/day

 

 

Custodial Overtime

 

 

 

 

     Monday—Saturday

$35.00/hr

$35.00/hr

 

 

     Sunday

$40.00/hr

$40.00/hr

 

d.     Mezzanine

NA

$25.00/month

Plus custodial services and materials if necessary

 

 

Custodial Overtime

 

 

 

 

     Monday—Saturday

$35.00/hr

$35.00/hr

 

 

     Sunday

$40.00/hr

$40.00/hr

 

 

Sec. 21-92. Other charges.

            The other charges for library services are as follows:

            (1)        Lost and/or damaged materials charges:

a.            Protective holders that are damaged beyond normal wear and tear –

$4.00 replacement and processing per item.

            b.        Lost items: Cost of the item per the library database plus an $8.00 processing fee

                        c.         Damaged material: If an item is returned beyond repair, the total cost of the item

per the library database must be paid plus an $8.00 processing fee.  If audiocassettes or books on CD and MP3 are returned with missing items that can be replaced, the cost of the replacement per the vendor plus an $8.00 processing fee will be charged. 

(2)        Failure to pay assessed fines and fees may result in suspension of library privileges or further legal action.

Section 2.        This Ordinance shall take effect on February 4, 2008.  (Ordinance ADOPTED.)

 

EMERGENCY RESPONSE ORDINANCE AMENDMENT (1st reading)

City Attorney James Branson presented ordinance amends regarding emergency response fees.  Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

Ordinance No. ___________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Sections 33-2 and 33-3 of chapter 33 thereof.

The City of Midland Ordains:

Section 1.  Sections 33-2 and 33-3 are hereby amended to read as follows:


Sec. 33-2.  Definitions.

When used in this chapter, the following terms shall have the following meanings:

Emergency response:

(1)           The providing, sending and/or utilizing of police, fire fighting, emergency medical and/or rescue services by the city to an incident resulting in an accident involving one (1) or more motor vehicles operated by one (1) or more drivers who were where under the influence of an intoxicating liquor or a controlled substance, or a combination of an intoxicating liquor and a controlled substance; or

(2)          The providing, sending and/or utilizing of police, fire fighting, emergency medical and/or rescue services by the city to an incident resulting in a traffic stop and arrest by a police officer of a driver who was operating a motor vehicle while under the influence of an intoxicating beverage LIQUOR and/or controlled substance, or a combination of an intoxicating liquor and a controlled substance.

Expense of court preparation and appearance:  The costs associated with review and preparation by city employees in preparation for a scheduled trial date, including the assembling of evidence, and the costs of any appearance in court for a scheduled trial date.  Such expenses shall be imposed notwithstanding whether the matter is disposed of other than by trial or adjourned on the scheduled trial date.

Expense of an emergency response:  The direct and reasonable costs incurred by the city in the course of an emergency response, including:

(1)          The costs of providing police, fire fighting, emergency medical and/or rescue services at the scene of an incident, including the costs for vehicles and equipment.

(2)          The salaries and wages of city personnel:

a.            Responding to the incident.

b.            Responsible for completion of arrest procedures and bookings.

c.            Responsible for writing, filing and reviewing police reports.

d.            Responsible for the administration of field sobriety tests and the administration and/or processing of the chemical analyses of the amount of alcohol in the person’s breath, blood or urine.

e.            Responsible for identifying, recording and presenting evidence.

f.             Responsible for investigation and supervision.

Sec. 33-3.  Liability for expense for emergency response FEE.

(a)  Person responsible.  A person is liable for the expense of an emergency response FEE if, while under the influence of an intoxicating liquor or a controlled substance, or a combination of an intoxicating liquor and a controlled substance, such person’s operation of a motor vehicle proximately causes any incident resulting in an emergency response.

(b)  Presumptions.

(1)   For the purposes of this chapter, a person is under the influence of an intoxicating liquor or a controlled substance, or a combination of an intoxicating liquor and a controlled substance, when his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person of ordinary prudence.  Further, it shall be presumed that a person was operating a motor vehicle while under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcoholic alcohol in his or her blood was in excess of seven one hundredths (0.07) of one percent.

(2)  For the purposes of this chapter, it shall be presumed that a person was operating a commercial motor vehicle while under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of four one hundredths (0.04) of one percent.

(3)  For the purposes of this chapter, it shall be presumed that a person who is less than twenty-one (21) years of age and or who operates a motor vehicle was under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of two one hundredths (0.02) of one percent.

(c)  Charge against person.  The expense of an an emergency response fee shall be a charge against the person responsible for the emergency response expenses under this chapter and shall be construed as a civil liability only.  The charge constitutes a debt owed by that person to the city and is due to and collectible by the city in the same manner as in the case of an obligation under an express or implied contract.  This chapter shall not be construed to conflict, contravene, enlarge or reduce criminal liability or responsibility.

(d) Emergency response fee.  Cost recovery schedule.  The city council shall, by ordinance, adopt an emergency response fee schedule of the costs included in an emergency response.  Such schedule shall be available to the public from either the city clerk or the police department. 

(e)  Billing.  The director of fiscal services, or his or her designee, shall, within ten (10) days of receiving notice of the disposition of the case from the court itemized costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by first class mail or personal service to the person liable for the emergency response expenses as enumerated under this chapter.  The bill(s) shall require full payment within thirty (30) days from the date of service billing.

(f)   Failure to pay.  Any failure by the person described in this chapter as responsible to pay for the expense of an emergency response FEE within thirty (30) days of the service of a bill shall be considered a default.  In case of default, the city may commence a civil suit to recover such expense plus any costs allowed by law.

(g)  Hardship.  The city council may waive all or a part of the cost imposed hereunder when it determines that payment of said cost will impose a financial hardship on the person responsible to the extent that such person or his or her legal dependents will be deprived of necessary food and shelter.

Section 2.  This Ordinance shall take effect on January 1, 2008.  (Motion ADOPTED.  Considered first reading.)

 

EMERGENCY RESPONSE FEES ORDINANCE AMENDMENT (1st reading)

The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

Ordinance No. ___________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending sections 21-80 and 21-81 of article iii of chapter 21 thereof. 

The City of Midland Ordains:

Section 1.  Sections 21-80 and 21-81 are hereby amended to read as follows:

Sec. 21-80. Police department fees Emergency Response Fee.

The emergency response fee shall be a minimum of $250.00 per offense.  If the cost of an emergency response fee shall exceed the $250.00 minimum, the actual cost of response shall be applied. fees for an emergency response by the police department pursuant to Chapter 33 of the Code of Ordinances of the City of Midland are as follows:

            (1)        Patrol officer, per officer, per hour . . . . . $ 22.25

            (2)        Patrol sergeant, per sergeant, per hour . . . . . 29.10

            (3)        Patrol lieutenant, straight time-per lieutenant, per hour . . . . . 32.40

            (4)        Clerical, per person, per hour . . . . . 15.55

            (5)        Patrol vehicle, each, per hour . . . . . 8.00

(Ord. No. 1351, § 1, 6-24-96)

Sec. 21-81. Fire department fees.

The fees for an emergency response by the fire department pursuant to Chapter 33 of the Code of Ordinances of the City of Midland are as follows:

            (1)        Fire fighter personnel, per crew, per hour . . . . . $ 55.00

            (2)        Vehicle/equipment, each, per hour . . . . . 15.75

(Ord. No. 1351, § 1, 6-24-96)

Secs. 21-82--21-89. Reserved.

Section 2.  This Ordinance shall take effect on January 1, 2008.  (Motion ADOPTED.  Considered first reading.)

 

2007 LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

City Clerk/Community Relations Director Selina Tisdale presented a resolution rejecting the 2007 Local Officers’ Compensation Commissions Determinations as filed on November 13, 2007.  No action taken.

 

2008-09 BUDGET PREPARATION SCHEDULE

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that the attached budget preparation schedule for the 2008-09 fiscal year is hereby received; and

RESOLVED FURTHER, that said budget preparation schedule shall be filed for public examination in the City Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 14, 2008, for the purpose of reviewing the proposed Engineering Priorities Listing and receiving public input on the listing; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at a time yet to be determined in the Council Chambers of City Hall on Saturday, January 19, 2007, for the purpose of setting Council goals for the 2008-09 fiscal year; and

RESOLVED FURTHER, that the City Manager shall set special meetings of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, April 21, 2008 and on Monday, May 5, 2008 for the purpose of budget review and public input on the budget; and

RESOLVED FURTHER, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 28, 2008, in the Council Chambers of City Hall, on the proposed 2008-09 budget; and

RESOLVED FURTHER, 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., Monday, May 12, 2008, in the Council Chambers of City Hall on the proposed 2008-09 budget.  (Motion ADOPTED.)

 

2007 CONSTRUCTION PROGESS REPORT

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the City Engineer reported the status of completion for projects in the 2007 Construction Program;  now therefore 

RESOLVED, that City Council hereby receives and files the 2007 Construction Progress Report.  (Motion ADOPTED.)

 

PETITIONS FOR PUBLIC IMPROVEMENTS

City Engineer Brian McManus presented petitions and requests for capital projects for Council’s consideration in referring them to the Engineering Department for possible inclusion in the 2008 Construction Program.   The following eight resolutions were then presented for consideration.

 

WATER MAIN ON WALDO AVENUE

The following resolution was offered by Councilman Donker and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petition received from Big Timber Limited Partnership (David G. Rapanos), Michael J. Rapanos, John A. Rapanos and Judith Ann 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 2008 Construction Program.  (Motion ADOPTED.)

 

SANITARY SEWER IN THE SANDOW ROAD AREA

The following resolution was offered by Councilman Donker and seconded by Councilman Rokosz:

 

RESOLVED, that the attached petitions received from David Moeggenberg for the installation of sanitary sewers in Elmer, Glen, Prairie Creek, Sandow and Solomon streets, are hereby received and referred to the City Engineering Department for consideration of inclusion in the 2008 Construction Program.  (Motion ADOPTED.)

 

SANITARY SEWER ON WACKERLY STREET

The following resolution was offered by Councilman Adams and seconded by Councilman Donker:

 

RESOLVED, that the attached petition received from Thomas J. Sova for the installation of a sanitary sewer on Wackerly Street from Stark Road to Sequoia Lane, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2008 Construction Program.  (Motion ADOPTED.)

 

SANITARY SEWER ON WALDO AVENUE

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached petition received from Big Timber Limited Partnership (David G. Rapanos), Michael J. Rapanos, John A. Rapanos and Judith Ann Rapanos for the installation of a sanitary sewer 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 2008 Construction Program.  (Motion ADOPTED.)

 

STREET IMPROVEMENT ON ROCKWELL DRIVE

The following resolution was offered by Councilman Rokosz and seconded by Councilman Donker:

 

RESOLVED, that the attached petition received from Midland County for the street improvement of Rockwell Drive from Fisher Road to the end of the existing pavement, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2008 Construction Program.  (Motion ADOPTED.)

 

STREET IMPROVEMENTS ON ST. ANDREWS ROAD

The following resolution was offered by Councilman Adams and seconded by Councilman Donker:

 

RESOLVED, that the attached petition received from Midland Center for the Arts for the street improvement on St. Andrews Road from Eastman Avenue to the Center for the Arts, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2008 Construction Program.  (Motion ADOPTED.)

 

STREET IMPROVEMENT ON SUGNET ROAD

The following resolution was offered by Councilman Donker and seconded by Councilman Rokosz:

RESOLVED, that the attached petition received from Northwood University for the street improvement of Sugnet Road from Main Street to Dublin Avenue, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2008 Construction Program.  (Motion ADOPTED.  Yeas:  Adams, Donker, Johnson, Rokosz   Nays:  McKeag)

 

STREET IMPROVEMENT ON WACKERLY STREET

The following resolution was offered by Councilman Donker and seconded by Councilman Adams:

 

RESOLVED, that the attached petition received from Thomas J. Sova for the street improvement of Wackerly Street from Stark Road to Dublin Avenue, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2008 Construction Program.  (Motion ADOPTED.)

 

REAPPOINTMENT OF WALKER AND DUNN TO BROWNFIELD AUTHORITY

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that David Dunn and Scott Walker are hereby reappointed to the Brownfield Redevelopment Financing Authority for terms expiring December 1, 2010.  (Motion ADOPTED.)

 

MDOT CONTRACT NO. 2008-0071 – AIRPORT WEATHER OBSERVATION SYSTEM

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, a proposed Contract No. 2008-0071 has been submitted to the City of Midland by the Michigan Department of Transportation, MDOT, for approval of funding for the installation of an automated weather observation system, AWOS, at Jack Barstow Municipal Airport; and

WHEREAS, the total estimated cost of the project is $135,000, of which a grant from the Federal Aviation Administration along with State contributions is providing 97.5%, or $131,625, and the City of Midland General Fund is providing 2.5%, or $3,375; and

WHEREAS, the City of Midland desires to have said AWOS system installed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2008-0071 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland, following final approval by the City Attorney.  (Motion ADOPTED.)

 

ZONING PETITION NO. 545

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, November 13, 2007 for property located at 3200 West Sugnet Road 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 7, 2008, 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 21, 2007 and to publish said notice on December 22, 2007.

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 COMMUNITY ZONING WHERE A RESIDENTIAL A-1 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:

Part of the Southwest ¼ of the Northwest ¼ of Section 8, lying North of West Sugnet Road right of way.  EXCEPT begin 230.30 feet North of the Southwest corner, thence North 337.00 feet, S 71D 38M 00S E, 270.80 feet, thence S 33D 21M 00S E 306.00 feet, thence West 432.00 feet to the point of beginning and EXCEPT begin at the intersection of the West 1/8 and East and West ¼ line, thence West 40.00 feet, Northwesterly on an arc of curve to the right of 553.99 foot radius 348.08 feet, Northeast at right angles 102.38 feet, Northeasterly along arc of curve to the left, 232.48 feet West radius of 380.49 feet, thence North 300.00 feet, thence West 40.00 feet, thence North 624.00 feet to the North 1/8 line East 280.02 feet along the North 1/8 line to West 1/8 line South on said line to beginning. 

Be, and the same is hereby changed to Community. 

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.)

 

NEW BUSINESS

MIDLAND COGENERATION VENTURE – IFT APPLICATION

The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

RESOLVED, that an application dated November 30, 2007, was received November 30, 2007, from Midland Cogeneration Venture, LP with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Midland Cogeneration Venture Industrial Development District No. 1 relating to both real and personal property improvements associated with the engineering, construction and equipment to improve the overall efficiency of generating electricity when the facility is operating at low loads with a total estimated project cost of $38,865,000, to allow expansion in the Midland Cogeneration Venture Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and


RESOLVED FURTHER, a public hearing shall be held before the City Council on Monday, December 17, 2007, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 11:00 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk