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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the November 8, 2010
regular meeting was offered by Councilman Adams and seconded by Councilman Brooks. (Motion ADOPTED.)
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.
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.)
No public comments were made.
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)
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.)
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
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
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.)
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.)
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.)
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.)
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.)
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.)
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