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 |
Approval
of the minutes of the October 27, 2008 regular meeting was offered by
Councilman Adams and seconded by Councilman Rokosz. (Motion ADOPTED.)
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.)
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.)
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
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
No
public comments were made.
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.
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.)
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.)
The
following ordinance was offered by Councilman Adams and seconded by Councilman
Rokosz:
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.)
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
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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