November 10, 2008

 

A regular meeting of the City Council was held on Monday, November 10, 2008, 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 October 27, 2008 regular meeting was offered by Councilman Adams and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

LOSS CONTROL ACHIEVEMENT AWARD

Safety and Loss Prevention Coordinator Gussie Peterson presented a Recognition of Loss Control Achievement Award to the City of Midland by the Michigan Municipal League Workers Compensation Fund.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Adams:

 

RESOLVED, that Midland City Council hereby recognizes and congratulates City of Midland employees for receiving a Loss Control Achievement Award presented by the Michigan Municipal League Workers’ Compensation Fund. This award recognizes outstanding efforts in maintaining a safe work environment and dedication to reducing workers’ compensation losses.  (Motion ADOPTED.)

 

GRANT APPLICATION – EASTMAN AVENUE AND SAGINAW ROAD INTERSECTION

City Engineer Brian McManus presented a report on the Michigan Department of Transportation (MDOT) grant application to improve the intersection of Eastman Avenue and Saginaw Road.  Terry Palmer, Manager of MDOT’s Mt. Pleasant Transportation Service Center, presented the improvement concepts.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Michigan Department of Transportation (MDOT) desires to improve vehicular capacity and safety at the intersection of Eastman Avenue and Saginaw Road and desires to apply for a federal grant to perform said improvements; and

WHEREAS, MDOT made a presentation to City Council to discuss potential improvement options that include a boulevard and an intersection roundabout; and

WHEREAS, MDOT and City Staff will schedule an open house to receive public comments regarding the proposed grant application and plan a follow up presentation for the December 8, 2008 City Council meeting; now therefore

RESOLVED, that City Council hereby receives MDOT’s report regarding a proposed grant application for improvements to the intersection of Eastman Avenue and Saginaw Road. (Motion ADOPTED.)

 

MIDLAND EQUITIES, LLC – INDUSTRIAL DEVELOPMENT DISTRICT

City Assessor Reid Duford presented a request from Midland Equities, LLC, 215 Fast Ice Drive, to establish an Industrial Development District.  A public hearing opened at 8:06 p.m., recognizing no public comments, the hearing closed at 8:06 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, Midland Equities, LLC by means of a letter dated October 13, 2008, which was received by the City Clerk on October 14, 2008 has requested the establishment of an Industrial Development District with the proposed district being described as follows:

Part of the Southeast ¼ of Section 24, Town 14 North, Range 2 East, being further described as Commencing at the Southeast section corner of said Section 24; thence North 89 Deg 15 Min 36 Sec West, 1889.31 feet, along the South Section line for the place of beginning; thence continue North 89 Deg 15 Min 36 Sec West, 614.57 feet; thence North 01 Deg 48 Min 25 Sec East, 600.00 feet, parallel with and 150.00 feet East of, measured at right angles, to the North-South ¼ line; thence South 89 Deg 06 Min 00 Sec East, 435.00 feet; thence North 58 Deg 32 Min 46 Sec East, 382.28 feet; thence along the arc of a curve to the left, an arc distance of 167.90 feet, said curve having a radius of 260.00 feet, chord bearing and distance of South 70 Deg 45 Min 35 Sec East 165.00 feet and a delta angle of 37 Deg 00 Min 01 Sec, along the Southerly right of way line of Fast Ice Drive; thence South 89 Deg 15 Min 36 Sec East, 35.55 feet along said right of way line; thence South 25 Deg 34 Min 34 Sec West, 826.43 feet to the point of beginning.    

; and

WHEREAS, Midland Equities, 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 November 10, 2008, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of Midland Equities, 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 Midland Equities Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

ENHANCED ACCESS TO PUBLIC RECORDS & FEES

Geographic Information Systems Manager Tony Foisy presented amendments to the Code of Ordinances – Enhanced Access to Public Records including amendments to Chapter 7 and Article XII, Section 21-160 of Chapter 21.  The following two ordinance amendments were then presented for consideration.

 

ENHANCED ACCESS TO PUBLIC RECORDS

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

 

ORDINANCE NO. 1667

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING CHAPTER 7 THEREOF.

The City of Midland Ordains:

Section 1.        Chapter 7 is hereby amended to read as follows:

ENHANCED ACCESS TO PUBLIC RECORDS

Sec. 7-1.         Purpose.  The purpose of this chapter is to establish a policy for enhanced access to public records in accordance with Act 462 of 1996 of the Public Acts of the State of Michigan.

Sec. 7-2.         Definitions.  The following definitions shall apply to this chapter.

a.     “Enhanced access” means a public record’s immediate availability for public inspection, purchase, or copying by digital means.  Enhanced access does not include the transfer of ownership of a public record.

b.    “Geographic information system (GIS)” means an informational unit or network capable of producing customized maps based on a digital representation of geographical data.

c.    “Operating expenses” includes, but is not limited to, the City’s direct cost of creating, compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form available for enhanced access, including the cost of computer hardware and software, system development, employee time, and the actual cost of supplying the information or record in the form requested by the purchaser.

d.    “Person” means that term as defined in section 2 of the Freedom of Information Act, 1976 PA 442, MCL 15.232.

e.    “Public record” means that term as defined in section 2 of the Freedom of Information Act, 1976 PA 442, MCL 15.232.

f.     “Reasonable fee” means a charge calculated to enable the City to recover over time only those expenses directly related to the City’s provision of enhanced access.

g.    “ Software” means a set of statements or instructions that when incorporated in a machine-usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result.

h.    “Third party” means a person who requests access to a geographical information system or output from a geographical information system.  However, a third party does not include a person for whom a fee authorized under this ordinance is waived in accordance with an intergovernmental agreement described in Section 7-3.

Sec. 7-3.         Policy.  The City Manager may provide enhanced access for the inspection, copying, or purchasing of a public record that is not confidential or otherwise exempt by law from disclosure.  Subject to Section 7-4, a fee shall be charged in accordance with Section 21-160 for providing enhanced access and for providing access to either the City’s geographic information system or the output from the City’s geographic information system.  Notwithstanding the foregoing, the City Manager may provide another public body, without charging a fee to that public body, if the access to or output from the geographic information system is provided in accordance with a written agreement that contains all of the following:

a.    A statement specifying that the public body receiving access to or output from the geographic information system without charge is prohibited from providing access to the geographic information system output to a third party unless that public body does both of the following:

                                                          i.    Collects from the third party a fee described in Section 21-160, or waives that fee in accordance with the written terms of the intergovernmental agreement.

                                                         ii.    Conveys to the City that portion of any fee collected that is attributable to the operating expenses of the City from the geographic information system to the third party.

b.    A statement specifying the public purpose for which access to or output from the City’s geographic information system is being provided.

c.    A statement specifying the portion of any fee collected under Section 21-160 and collected from a third party that the receiving public body shall convey to the City.

Sec. 7-4.         Charges related to a public body for enhanced access.  A public body that receives access to or output from the City’s geographic information system under an intergovernmental agreement described in Section 7-3 may collect from a third party to whom it provides access to the output from the City’s geographic information system a reasonable fee that includes both of the following:

a.    An amount that enables the City to recover over time its operating expenses directly related to providing access to or output from its system to a third party.
An amount that enables the receiving public body to recover over time its operating expenses directly related to providing to a third party access to or output from its system.

Section 2.        This ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

GEOGRAPHIC INFORMATION SYSTEMS (GIS) DATA FEES

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

 

ORDINANCE NO. 1668

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING ARTICLE XII OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Article XII Section 21-160 of Chapter 21 is hereby amended to read as follows:

GEOGRAPHIC INFORMATION SYSTEMS (GIS) DATA FEES

Sec. 21-160.   GIS DATA FEES

Fees for GIS data by the City of Midland shall be:

 

GIS Data

Cost/Entire City

Cost/Unit

Updates

1.

Pictometry (oblique imagery)

$25,000.00

N/A

N/A

2.

Aerial Photography

$3,500.00

$90/mi2

N/A

3.

Parcels

$1,500.00

$2/parcel

$150.00

4.

Parcels w/data

$3,000.00

$3/parcel

$300.00

5.

Road Centerline

$1,500.00

$3/segment

$300.00

6.

Address Points

$1,500.00

$3/point

$300.00

7.

City Boundary

$500.00

N/A

$50.00

8.

Edge of Pavement

$500.00

N/A

$50.00

9.

Hydrology

$500.00

N/A

$50.00

10.

Building Outlines

$500.00

N/A

$50.00

11.

Transportation Lines

$500.00

N/A

$50.00

12.

Zoning

$100.00

N/A

N/A

13.

Land Use (Future and Existing)

$100.00

N/A

N/A

14.

100-Year Floodplain

$100.00

N/A

N/A

15.

Wastewater Network

$3,000.00

N/A

$300.00

16.

Stormwater Network

$3,000.00

N/A

$300.00

17.

Fire Hydrants

$1,500.00

N/A

$150.00

18.

Elevation Contours (2ft)

$3,000.00

N/A

N/A

19.

Digital Elevation Model (DEM)

$3,000.00

N/A

N/A

20.

Points of Interest

$50.00

N/A

N/A

21.

Parks

$50.00

N/A

N/A

22.

Miscellaneous Data

$50.00

N/A

N/A

23.

Tax Assessment Data

$1,500.00

N/A

$500.00

24.

Address Data

$1,500.00

N/A

$500.00

25.

Master Street Address Guide (MSAG)

$1,500.00

N/A

$500.00

Section 2.        This ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 


ARTFUL DODGER BREWING COMPANY LIQUOR LICENSE

The following ordinance was offered by Councilman Adams and seconded by Councilman Rokosz:

 

RESOLVED, that the request from ARTFUL DODGER BREWING COMPANY for a new Class C license issued under MCL 436.1531 (a)(1)(b) and Brewpub license in conjunction with Dance-Entertainment Permit to be located at 114 E Main, Midland MI  48640, Midland County be considered for approval.  It is the consensus of this legislative body that the application be: Recommended for issuance.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP. FINANCE STATEMENTS

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditors’ Report dated June 30, 2008, with comparative figures for June 30, 2007, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP. BOARD - REAPPOINTMENT

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

 

RESOLVED, that Carl Coons is hereby reappointed to the Saginaw-Midland Municipal Water Supply Corporation Board of Trustees as the citizen representative for the term expiring December 31, 2014.  (Motion ADOPTED.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION – DEIBERT RESIGNATION

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

 

RESOLVED, that the resignation of Donald Deibert as a member of the West Main Street Historic District Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Deibert for his service on this important Commission. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-08-28

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

 

RESOLVED, that Traffic Control Order No. P-08-28 filed August 26, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on the north side of Eastlawn Drive for 120 feet west of Bayliss Street and on both sides of Eastlawn Drive for 120 feet east of Bayliss Street and that Traffic Control Order P-06-18 shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-08-29

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

 

RESOLVED, that Traffic Control Order No. P-08-29 filed August 29, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on Bayliss Street for 150 feet from Eastlawn Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-08-30

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

 

RESOLVED, that Traffic Control Order No. P-08-30 filed August 29, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be prohibited on Northgate Drive for 100 feet from Jefferson Avenue.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-08-05

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

 

RESOLVED, that Traffic Control Order No. S-08-05 filed September 10, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That George Street shall stop for State Street. 

is hereby made permanent.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – REFUSE AND YARD WASTE CARTS

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

 

WHEREAS, the Department of Public Services regularly purchases carts for sale to the public for curbside collection of refuse and yard waste; and

WHEREAS, sufficient funding for such purchases is included in the General Fund / Rubbish and Refuse Collection operating budget for the remainder of FY 2008-09; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #28408 to Schaefer Systems International of Charlotte, North Carolina up to the amount of $40,000 for the purchase of additional carts.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – EASTON SPORTS (Hockey Shop Inventory)

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

 

WHEREAS, the City operates a hockey supply shop in the Midland Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the

2008-09 Midland Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order 27724 to Easton Sports, Inc. of Atlanta, Georgia up to the amount of $70,000 for the purchase of hockey shop inventory items.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – NIKE BAUER HOCKEY USA (Hockey Shop Inventory)

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

 

WHEREAS, the City operates a hockey supply shop in the Midland Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the

2008-09 Midland Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order 26974 to Nike Bauer Hockey USA of Chicago, Illinois up to the amount of $35,000 for the purchase of hockey shop inventory items.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – LEGAL SERVICES (Landfill Gas to Energy System)

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

 

WHEREAS, staff has been working to develop an active gas collection system, as originally presented to City Council on June 12, 2006, to allow for the collection of methane, produced from the decomposition of municipal solid waste, to reduce odor concerns and for the gas to be used to generate energy for City use or sale; and

WHEREAS, in 2007, in an effort to proactively mitigate odors from the emission of landfill gas, the City submitted to the Michigan Department of Environmental Quality (MDEQ) an interim plan for the collection of landfill gas only from active landfill cells, well in advance of regulatory requirements; and

WHEREAS, in March 2008, during an unrelated review of the City’s historical file, the Air Quality Division of the MDEQ notified Landfill staff that nearly 12 years ago, in December 1996, a report had been filed late by the City, resulting in the City being non-compliant and subject to enforcement action; and

WHEREAS, the increased regulation changed the submittal of a gas collection design from voluntary to mandatory, increasing the design parameters to include all closed and future municipal waste cells, necessitating the administrative approval of a purchase order in the amount of $20,000.00 to retain the legal services of Miller Canfield Paddock and Stone of Detroit to represent the interests of the City in this matter; and

WHEREAS, the City continues to operate the landfill in compliance with its operating license and intends to accelerate the installation of the full gas collection system presented to Council in 2006 to remediate the non-compliance caused by the 1996 late filing; and

WHEREAS, while the MDEQ has conceptually agreed to the solution, staff believes that additional legal assistance may be needed to achieve an agreeable conclusion as we seek final design approval; and

WHEREAS, funding is provided in project LF0707 – Landfill Gas to Energy; now therefore

RESOLVED, that the existing purchase order to Miller Canfield Paddock and Stone of Detroit for legal services is hereby increased by $25,000.00, bringing the total purchase order to $45,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk