November 22, 2010

 

A regular meeting of the City Council was held on Monday, November 22, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  Boy Scout Troop 760 led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 8, 2010 regular meeting was offered by Councilman Adams and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

APCO 2010 COMMUNICATIONS DIRECTOR OF THE YEAR AWARD

Assistant City Manager Jack Duso introduced Lisa Hall, Midland County Central Dispatch Authority Director.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing Midland County Central Dispatch Authority Director, Lisa Hall, as the recipient of the APCO 2010 Communications Director of the Year Award.  (Motion ADOPTED.)  Mayor Donker presented Lisa Hall with the resolution of recognition.

 

RENEWABLE ENERGY SERVICES FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented information on an amendment to the Renewable Energy Services Fund budget to increase revenues from Landfill Enterprise Fund loan proceeds and to increase appropriations to complete the construction of the landfill Gas-to-Energy system.  A public hearing opened at 7:18 p.m., recognizing no public comments, the hearing closed at 7:18 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Johnson:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, a public hearing was conducted Monday, November 22, 2010, on the proposal to amend the 2010/11 Renewable Energy Services Fund budget, increasing revenues by $435,000 from Landfill Enterprise Fund loan proceeds and increasing appropriations by $435,000 for costs associated with the landfill gas-to-energy system; now therefore

RESOLVED, that the proposal to amend the 2010/11 Renewable Energy Services Fund budget, increasing revenues by $435,000 from Landfill Enterprise Fund loan proceeds and increasing appropriations by $435,000 for costs associated with the landfill gas-to-energy system, is hereby approved.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

ORDINANCE AMENDMENT – FARM ANIMALS (MINIATURE PIGS)

City Manager Jon Lynch presented information on an ordinance that provides for the keeping of miniature pigs as pets in the City of Midland by adding Article III to Chapter 3 of the Code of Ordinances and an amendment to Section 34-5 to add violations of Article III as municipal civil infractions.   Ethan White, 1313 W. Hines Street, thanked the City Council for listening to the issue and supporting the new ordinance.   The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1711

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE, WHICH NEW ARTICLE SHALL BE ARTICLE III OF CHAPTER 3 THEREOF AND BY AMENDING SECTION 34-5 OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1.        Article III of Chapter 3 is hereby established to read as follows:

Article III.     Farm Animals

Division 1.  General

Sec. 3-40.       Animals—Keeping, Harboring, Breeding.

It shall be unlawful to keep, harbor or breed any farm animal as defined in the City of Midland Zoning Ordinance, being Ordinance No. 1585, except (1) farm animals kept in that portion of the city zoned for agricultural purposes, or (2) animals used in a parade or for providing rides on a temporary basis for which a permit has been issued, or (3) animals kept as part of a show or event at the Midland County Fairgrounds, or (4) miniature pigs subject to the provisions of Division 2 of this article.

Division 2.  Miniature Pigs

Sec. 3-41.       Definition—Miniature Pigs.

As used in this article a miniature pig shall mean a pig that does not exceed a weight of 40 pounds at maturity.

Sec. 3-42.       License Required.

(a)  All miniature pigs kept within the city shall be licensed annually by the City Clerk of the City of Midland within seven (7) days of the time the animal is taken to its place of residence.  Said license shall apply to a specific miniature pig, the person responsible for harboring the miniature pig, and the specific premises where the miniature pig is kept.  Said miniature pig license shall not be transferable from one animal to another, from one person to another, or from one premises to another.  Application and renewal for licensure shall include all of the following:

1.      A current health certificate from a licensed veterinarian which attests to the weight and general health of the animal.

2.      Payment of an annual fee of $25.00.

(b)  A miniature pig license shall continue to be valid until such time as:

1.      The annual renewal fee is not timely paid in accord with the license application.

2.      A current health certificate from a licensed veterinarian is not provided upon renewal.

3.      The miniature pig is no longer maintained at the licensed location.

4.      The licensee no longer resides at the location stated in the license.

5.      The license is revoked.

Sec. 3-43.       Running at large prohibited.

A miniature pig shall reside in the residence of the owner as a pet and shall not be kept outdoors with exception of periods for exercise and for elimination of waste.  It shall be unlawful for the owner of any miniature pig to permit such animal to run at large.  Any miniature pig shall be deemed to be running at large unless on a leash, under control of an accompanying person or confined within a motor vehicle, building, fence, or other enclosure of sufficient construction so as to prevent the miniature pig from escaping.

Sec. 3-44.       Limitation.

It shall be unlawful for any person to maintain more than one miniature pig at one licensed premises.  Each dwelling licensed to harbor a miniature pig may harbor only one miniature pig.  All locations where miniature pigs are kept shall be maintained in a clean and sanitary condition.

Sec. 3-45.       Breeding and health.

It shall be unlawful for any person to maintain a miniature pig, which (a) is not spayed or neutered upon reaching maturity, or (b) has not undergone a blood test to show the animal is free from pseudo rabies, or (c) is maintained as a food source.

Sec. 3-46.       License suspension or revocation.

The City Clerk may suspend or revoke any license once granted, or deny annual renewal thereof, when any provision of this division has been violated.  Prior to suspension or revocation of any license, or upon denial of an application for renewal thereof, written notice for such action shall be given to the owner of the miniature pig.

Sec. 3-47.       Violations.

Violation of this article shall constitute a municipal civil infraction as provided in Chapter 34 of this Code of Ordinances and may result in revocation of the miniature pig license.

Section 2.        Sec. 34-5 of Chapter 34 is hereby amended to read as follows:

Sec. 34-5. Municipal civil infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1)  Chapter 8, Uniform Fire Code.

(2)  The city zoning ordinance.

(3)  Chapter 29, Stormwater Runoff Regulation and Control.

(4)  Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)  Article VI of Chapter 15, Telecommunications.

(6)  Article IV, Chapter 22, Addresses.

(7)  Article V, Chapter 5, Soil Erosion and Sedimentation Control.

(8)  Rules and Regulations of the Jack Barstow Municipal Airport.

(9)  Cemetery Rules

(10)  Article I of Chapter 26, Weeds.

(11)  Article III of Chapter 3.

Section 3.        This ordinance shall become effective upon publication.  (Ordinance ADOPTED.  Yeas:  Adams, Brooks, Donker, Wazbinski   Nays:  Johnson)

 

PAYMENT IN LIEU OF TAXES (PILOT) POLICY REPORT

Planning and Community Development Director Keith Baker presented a report on the Payment in Lieu of Taxes (PILOT) policy.  Sharon Mortensen, 2905 Chippewa Lane, Director of the Shelterhouse, member of the Midland County Continuum of Care and part of the PILOT study group, spoke in favor of the recommendations for improving the city’s PILOT program.   Steve Zimmerman, member of the PILOT study group, spoke in favor of the recommendations.   Bruce Pynnonen, 2604 Manor Drive, encouraged City Council to reconsider if PILOT is a necessary program for Midland in regard to the basic intent of the State program.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Adams:

 

WHEREAS, the Midland City Council has requested a review of the City of Midland’s Payment In Lieu of Tax (PILOT) policy; and

WHEREAS, a ten member work group comprised of members of the community representing a variety of professional real estate interests and assisted by City of Midland staff was created to review the PILOT policy and provide recommendations as to what if any amendments should be made to the application, review and approval processes used to consider PILOT requests from housing developers; and

WHEREAS, said work group has met over a six month period to review the city’s PILOT policy and has prepared a list of recommendations as to possible amendments to the city’s PILOT policy and review process; and

WHEREAS, a report and presentation have been prepared for consideration and review by the Midland City Council; now therefore

RESOLVED, that the Midland City Council hereby receives and files the staff report for review of the Payment in Lieu of Tax (PILOT) policy of the City of Midland.  (Motion ADOPTED.)

 

2011-12 BUDGET PREPARATION SCHEDULE

Fiscal Services Director David Keenan presented the 2011-12 Budget Preparation Schedule.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that the attached budget preparation schedule for the 2011-12 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 a time yet to be determined in the Council Chambers of City Hall on Saturday, January 15, 2011, for the purpose of setting Council goals for the 2011-12 fiscal year; 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, April 18, 2011, for the purpose of budget review and public input on the budget; and

RESOLVED FURTHER, that the City Manager, at the regular meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 24, 2011, shall review the proposed Engineering Priorities Listing and receive public input on the listing; and

RESOLVED FURTHER, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 25, 2011, in the Council Chambers of City Hall, on the proposed 2011-12 budget; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, May 9, 2011, in the Council Chambers of City Hall on the proposed 2011-12 budget; and,

RESOLVED FURTHER, that with respect to each meeting included herein the City Clerk shall give notice as provided by Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-10-14

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

 

RESOLVED, that Traffic Control Order No. P-10-14 filed September 10, 2010 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That there shall be no parking on the east side of Siebert Street from Dilloway Drive  to Kingsbury Court during school hours and the same location designated as student drop off and pick up only.

is hereby made permanent.  (Motion ADOPTED.)

 

BROWNFIELD REDEVELOPMENT FINANCING AUTHORITY - REAPPOINTMENTS

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

 

RESOLVED, that David Dunn and Scott Walker are hereby reappointed to the Brownfield Redevelopment Financing Authority for terms expiring December 1, 2013.  (Motion ADOPTED.)

 

TRIDGE RAILING AND BEAM REPAIRS – CHANGE ORDER

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

 

WHEREAS, the City Engineer has prepared a report indicating that structural components consisting of hangar rods that support the Tridge have corroded and require removal and replacement; and

WHEREAS, Gerace Construction has prepared a change order to their existing contract in the amount of $38,900 for added work to perform said removal and replacement; and

WHEREAS, sufficient project funding is available to perform the added work; now therefore

RESOLVED, that the City Manager is hereby authorized and instructed to execute Change Order No. 1 in the amount of $38,900 to the Tridge Railing Replacement and Rehabilitation Contract between the City of Midland and  Gerace Construction for a total contract amount of $258,825.00.  (Motion ADOPTED.)

 

BARSTOW AIRPORT COMMERCIAL LEASE WITH PM3 HOLDINGS

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

 

WHEREAS, the City Engineer has prepared a report indicating that the aircraft hanger located at Jack Barstow Airport and owned by Kent Power, Hangar 9B, has sold to PM3 Property Holdings, LLC of Saginaw, Michigan;  and

WHEREAS, the intended use of the hangar is for commercial purposes, namely a flight school; and

WHEREAS, the City Attorney has prepared a commercial lease in accordance with airport rules and regulations; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized and instructed to execute the Jack Barstow Municipal Airport Commercial Operations Lease between the City of Midland and PM3 Property Holdings, LLC of Saginaw, Michigan.   (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,500 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $30,700 executed by the Purchasing Agent on November 4, 2010, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,401 gallons of E10 ethanol blend unleaded fuel from Karbowski Oil of Bay City, Michigan for $31,063.52 executed by the Purchasing Agent on November 4, 2010, is hereby approved.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk