October 10, 2011

 

A regular meeting of the City Council was held on Monday, October 10, 2011, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Maureen Donker

Councilmen absent:

Marty Wazbinski

 

MINUTES

Approval of the minutes of the September 26, 2011 special and regular and September 27, 2011 special meetings was offered by Councilman Brooks and seconded by Councilman Adams.  (Motion ADOPTED.)

 

NEW CITY WEB PORTAL

Assistant City Manager for Human Resources Paula Whittington gave a presentation on the new City web portal.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

RESOLVED, that the staff presentation on the new City web portal called “Your City Government…..At A Glance” launched on October 1, 2011 is accepted.  (Motion ADOPTED.)

 

DOW AGROSCIENCES, LLC – IFT REVISED RESOLUTION

City Assessor Reid Duford presented a revision to the resolution previously approved by City Council on May 9, 2011, on the application from Dow AgroSciences, LLC for an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No. 1.  A public hearing opened at 7:14 p.m., recognizing no public comments, the hearing closed at 7:14 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, Dow AgroSciences, LLC made an application dated March 25, 2011, which was received by the City Clerk on March 25, 2011 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 the total project cost of $14,000,000 which is for new real and personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to utilize Building 827 at Michigan Operations for the production of agricultural products.  The project, named SPRINT 2, will retrofit and install all necessary process instrumentation, piping, pumps and equipment for expanded production.  The project is expected to retain 6 jobs; 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 May 9, 2011, 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, 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 and/or plant rehabilitation 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 and/or plant rehabilitation 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; and

WHEREAS, on May 9, 2011 the City Council of the City of Midland approved said application for an Industrial Facilities Exemption certificate from Dow AgroSciences, LLC for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1 for a period of 12 years with an ending date of December 30, 2023; and

WHEREAS, the recently appointed State Treasurer, Andy Dillon has requested that a revised resolution for this request for an industrial facilities exemption certificate include an additional statement indicating the aggregate SEV of real and personal property exempt from ad valorem taxes within the (governmental unit), after granting this certificate, (will/will not) exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; 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 Dow AgroSciences, LLC considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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 Dow AgroSciences, LLC, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years (after completion) with an ending date of December 30, 2023, and that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

STYRON, LLC – IFT REVISED RESOLUTION

City Assessor Reid Duford presented a revision to the resolution approved by City Council on June 13, 2011, on the application received from Styron, LLC for an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No. 1.  A public hearing opened at 7:16 p.m., recognizing no public comments, the hearing closed at 7:16 p.m.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, Styron, LLC made an application dated May 17, 2011, which was received by the City Clerk on May 17, 2011 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 the total project cost of $1,130,000 which is for new personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to allow installation of new equipment for the Verde-Binder Preparation Project, which will utilize raw material in Styron’s Midland Latex Plant.  The project is expected to retain 1-2 existing jobs upon completion; 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 June 13, 2011, 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, 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 and/or plant rehabilitation 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 and/or plant rehabilitation 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; and

WHEREAS, on June 13, 2011 the City Council of the City of Midland approved said application for an Industrial Facilities Exemption certificate from Styron, LLC for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1 for a period of 12 years with an ending date of December 30, 2023; and

WHEREAS, the recently appointed State Treasurer, Andy Dillon has requested that a revised resolution for this request for an industrial facilities exemption certificate include an additional statement indicating the aggregate SEV of real and personal property exempt from ad valorem taxes within the (governmental unit), after granting this certificate, (will/will not) exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; 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 Styron, LLC considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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 Styron, LLC for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2023, and that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Styron, LLC, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

STYRON, LLC – IFT TRANSFER REVISED RESOLUTION

City Assessor Reid Duford presented a revision to the resolution previously approved by City Council on June 13, 2011, on the application from Styron, LLC for the transfer of an industrial facilities tax exemption certificate within The Dow Chemical Company Plant Rehabilitation District No. 1.  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 Adams and seconded by Councilman Brown:

 

WHEREAS, The Dow Chemical Company was issued Industrial Facilities Exemption Certificate No. 2008-532 which has a real property component of -0- and a personal property component of $4,500,000; and

WHEREAS, The Dow Chemical Company Industrial Facilities Exemption Certificate No. 2008-532 is located within The Dow Chemical Company Plant Rehabilitation District No.1, established September 25, 1978; and

WHEREAS, Styron, LLC requested the City Council to approve a transfer of certificate No. 2008-532 from The Dow Chemical Company to Styron, LLC, as a result of the June 17, 2010, sale of the personal property component of $4,500,000 that will remain at the existing location, MI OP’s 433-B Building, Midland, Michigan; 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 June 13, 2011, 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, the City Council of the City of Midland approved the transfer of Industrial Facilities Exemption Certificate No. 2008-532 from The Dow Chemical Company to Styron, LLC at the public hearing held on June 13, 2011 for the remaining years left on the certificate that is due to expire December 30, 2021, located at the MI OP’s 433-B Building, Midland, Michigan, within The Dow Chemical Plant Rehabilitation District No. 1, established September 25, 1978; and

WHEREAS, the recently appointed State Treasurer, Andy Dillon has requested that a revised resolution for this Industrial Facilities Exemption Certificate No. 2008-532 transfer include an additional statement indicating the aggregate SEV of real and personal property exempt from ad valorem taxes within the (governmental unit), after granting this certificate, (will/will not) exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Midland, after granting this certificate, will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the transfer of the industrial facilities exemption certificate requested by Styron, LLC, considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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 a transfer of an industrial facilities exemption certificate from the Styron, LLC, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for the remaining years with an ending date of December 30, 2021; and that the City Council of the City of Midland does hereby request the State Tax Commission to issue a transfer of certificate No. 2008-532 to Styron, LLC based on the June 17, 2010, sale of equipment from The Dow Chemical Company to Styron, LLC.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

UNIFORM FIRE CODE, SERVICE FEES & MUNICIPAL CIVIL INFRACTIONS

City Fire Marshal Chris Coughlin presented information on ordinances to amend Fire Department Fines, Fees and Penalties.  The following three ordinance amendments were then presented for consideration.

 

UNIFORM FIRE CODE – ORDINANCE AMENDMENT (1ST reading)

Introduction and first reading of the following ordinance amending Article I and Article II – Uniform Fire Code of Chapter 8 and repealing Sections 8-3 and 8-4 of Article I and Section 8-11 of Article II of Chapter 8 was offered by Councilman Adams and seconded by Councilman Brooks:

 

ORDINANCE NO. _______

An ordinance to amend the Code of Ordinances of the City Of Midland, Michigan, by AMENDING article i and article ii and REPEALING SECTIONS 8-3 AND 8-4 OF ARTICLE I AND SECTION 8-11 OF ARTICLE II of Chapter 8 thereof. 

The City of Midland Ordains:

Section 1.        Sections 8-3 and 8-4 of Article I and Section 8-11 of Article II are hereby repealed and Article I and Article II of Chapter 8 are hereby amended to read as follows:

ARTICLE I

UNIFORM FIRE CODE

INTERNATIONAL FIRE CODE

Sec. 8-1. Adopted.

The Uniform Fire Code, published by the International Fire Code Institute, a copy of which is on file in the office of the city clerk, is hereby adopted as the city fire code and made a part of this chapter as if fully set out herein, except such portions as are amended or deleted by the provisions of this chapter.

Sec. 8-1.  Amendments to the International Fire Code adopted.

The International Fire Code and its future amendments were adopted on July 23, 2001 through the Michigan Building Code Section 5-5 OF ARTICLE ii OF CHAPTER 5 of the City of Midland Code of Ordinances.  Article I of this chapter sets out the International Fire Code Local Amendments.  The numbering of Article I subsections conforms with the sections of the International Fire Code being amended for local regulation, compliance and enforcement. 

Sec. 8-2. Prosecution previous to effective date.

Any prosecution arising from a violation of any ordinance or section of an ordinance repealed or amended in this chapter, which prosecution may be pending on January 13, 1997, or any prosecution which may be started within one (1) year after January 13, 1997, in consequence of any violation of any ordinance or section of an ordinance repealed or amended in this chapter, which violation was committed previous to January 13, 1997, shall be tried and determined exactly as if such ordinance or section of an ordinance had not be appealed or amended.

Section 8-2.  Changes in code.

The following sections and subsections of the International Fire Code are herby amended or deleted as set forth and additional sections and subsections are added as indicated in this section.  Subsequent section numbers used in this section shall refer to the like numbered sections of the International Fire Code.

Sec. 101.1 Title.  Section amended to read as follows:

Sec. 101.1  Title. 

These following regulations shall be known as the International Fire Code Local Amendments along with the International Fire Code, hereinafter referred to as “this code”.

Sec. 102.6  Referenced Codes and Standards.  Section amended to read as follows:

Sec.  102.6  Referenced Codes and Standards.

The codes and standards referenced in this code shall be those that are listed in Chapter 45 of the International Fire Code and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference.  Where differences occur between the provisions of this code and the referenced standards, the provisions which establish the higher standard for the promotion of the safety and welfare of the public, and the protection of the public, or as otherwise determined by State of Michigan law, shall apply.

Sec. 103.1  General.  Section amended to read as follows:    

Sec.  103.1  General.

The fire department shall be responsible for fire control and suppression, fire prevention education, fire safety inspections and fire code enforcement of buildings and occupancies as related to the risk of fire, explosion or hazards related to materials storage and handling within the city of Midland.  The Fire Prevention Division is established under the direction of the fire code official and shall be comprised of the Fire Marshal, its designee and/or others it deems necessary.  The function of the division shall be the implementation, administration and enforcement of the provisions of this code.   The division shall be tasked with reducing community fire risk through proactive measures, including education, fire safety inspections, plan review and code enforcement.  The division shall operate under the supervision of the Fire Marshal as directed by the Fire Chief. 

Sec.  104.2.1  Inspections.   After Section 104.2, add Section 104.2.1 as follows: 

Sec. 104.2.1  Inspections. 

The fire department is authorized to assess fire safety RE-inspection fees as established in chapter 21 of the Code of Ordinances. 

Sec.  104.2.2  Services.  After Section 104.2.1, add Section 104.2.2 as follows:

Sec.  104.2.2  Services.

The fire department is authorized to assess fees for services provided as established in chapter 21 of the Code of Ordinances. Services include, but are not limited to emergency responses, standby at downed power lines, standby at events, and training provided. 

Sec.  105.1.2  Types of Permits.  Section amended to read as follows:

Sec.  105.1.2  Types of Permits.

There shall be three (3) types of permits as follows:

1.    Operational Permit.  An operational permit allows the applicant to conduct an operation or business for which a permit is required by Section 105.6 for either:      

A.    A prescribed period of time; or

B.   Until renewed or revoked.

2.    Construction Permit. A construction permit allows the applicant to install or modify    systems and equipment for which a permit is required by Section 105.7.

3.    Occupancy Permit. An occupancy permit allows the applicant to occupy existing premises for the purpose of conducting or operating a business for which a permit is required by Section 105.8 or for any residential use or purpose.   

Sec.  105.6  Required Operational Permits.  Section amended to read as follows:

Sec.  105.6  Required Operational Permits.

The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.6.46. 

Sec.  105.6.13  Special Events.  Section amended to read as follows:

Sec.  105.6.13  Special Events.

An operational permit is required to operate/conduct all special events, as defined in the Zoning Ordinance, including exhibits, crafts, and trade shows.

Sec.  105.6.13.1  Permit Fee.  After Section 105.6.13, add Section 105.6.13.1 as follows:

            Sec.  105.6.13.1  Permit Fee.

Permit fees shall be established in chapter 21 of the Code of Ordinances.

Sec.  105.6.14.1  Fireworks.   After Section 105.6.13.1, add Section 105.6.14.1 as follows:

Sec.  105.6.14.1  Fireworks. 

An operational permit is required for the public display and retail display and sale of fireworks. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the public display, retail display or sale of fireworks. The sale, possession, and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for only that purpose and must fully comply with local, state and federal regulations. A permit granted hereunder shall not be transferable nor shall any such permit be extended beyond the time set forth therein unless approved by the fire code official.

Sec.  105.6.14.2  Permit Fee.  After Section 105.6.14.1, add Section 105.6.14.2 as follows:

            Sec.  105.6.14.2  Permit Fee.

Permit fees shall be established in chapter 21 of the Code of Ordinances.

Sec.  105.6.20  Hazardous Materials.  Section amended to read as follows:

Sec.  105.6.20  Hazardous Materials.

An operational permit is required to store, transport on site, dispense, use or handle hazardous materials, as defined by the National Fire Protection Association, in excess of the most restrictive amounts listed in the this code, the EPA’s Emergency Planning and Community Right To Know regulations, and MIOSHA’s Firefighter Right To Know regulations.

Sec.  105.6.20.1  Required amounts for reporting.   After Section 105.6.20, add Section 105.6.20.1 as follows:

Sec.  105.6.20.1  Required amounts for reporting.

Reportable quantities shall be considered the maximum amount of hazardous material on site at any given time.  This amount shall be reported to the fire department in accordance with SARA Title III requirements.

Sec.  105.6.20.2  Permit Fees.  After Section 105.6.20.1, add Section 105.6.20.2 as follows:

Sec.  105.6.20.2  Permit Fees.

Permit fees shall be established in chapter 21 of the Code of Ordinances.

Sec.  105.7.1.1  Installations.  After Section 105.7.1, add Section 105.7.1.1 as follows: 

Sec.  105.7.1.1  Installations. 

Before any fire alarm, detection, control or suppression system is installed, expanded or modified in any way, a permit shall be obtained from the fire code official.  This shall include any components connected to or controlled by the aforementioned systems.  All work shall be performed by a qualified, properly licensed and/or certified installer, whose credentials shall be made available for examination by the fire code official on demand.  Construction documents shall be reviewed and approved by the fire code official prior to issuance of the permit.  Upon issuance, the permit shall be posted at the job site, both residential and commercial, in plain view.  The fire code official is authorized to require construction documents in hard copy, a suitable electronic format, or both.

Sec. 105.7.1.2  Permit Fees.   After Section 105.7.1.1, add Section 105.7.1.2 as follows: 

Sec.  105.7.1.2  Permit Fees.

Permit fees shall be established in chapter 21 of the Code of Ordinances.

Sec.  105.7.3.1  Installations.  After Section 105.7.3, add Section 105.7.3.1 as follows:

Sec.  105.7.3.1  Installations.

Before any fire alarm or detection system is installed, expanded or modified in any way, a permit shall be obtained from the fire code official.  This shall include any components connected to or controlled by the aforementioned systems.  All work shall be performed by a qualified, properly licensed and/or certified installer, whose credentials shall be made available for examination by the fire code official on demand.  Construction documents shall be reviewed and approved by the fire code official prior to issuance of the permit.  Upon issuance, the permit shall be posted at the job site, both residential and commercial, in plain view.  The fire code official is authorized to require construction documents in hard copy, a suitable electronic format, or both.

Sec.  105.7.14  Permit Issuance.  After Section 105.7.13, add Section 105.7.14 as follows:

Sec.  105.7.14  Permit Issuance.

A permit granted hereunder shall not be transferable nor shall any permit be extended beyond the time set forth therein unless approved, in writing, by the fire code official.  When work is started without a permit, the permit fee shall be doubled.

Sec. 105.8 Required Occupancy Permit.  After Section 105.7.14, add Section 105.8 as follows: 


Sec.  105.8  Required Occupancy Permit.

The fire code official is authorized to issue or approve an occupancy permit for a business or residential use or purpose as set forth in Section 105.8.1 through 105.8.5.

Sec.  105.8.1  Use Group.  After Section 105.8, add Section 105.8.1 as follows:

Sec.  105.8.1  Use Group.

An occupancy permit is required for Use Groups A, B, F, H, I, M, R1, R2, R4, S and U. 

Sec.  105.8.2  Inventory Statement.   After Section 105.8.1, add Section 105.8.2 as follows:

Sec.  105.8.2  Inventory Statement.

An inventory statement for the intended business shall be provided to the fire code official on request, prior to issuance of the occupancy permit.  Inventory statements shall list products or commodities to be used, stored or produced on the premises, along with associated documentation as required by the fire code official.

Sec.  105.8.2.1  Hazardous Materials Inventory Statement.  After Section 105.8.2, add Section 105.8.2.1 as follows:

Sec.  105.8.2.1  Hazardous Materials Inventory Statement.

Where required by the fire code official, each application for a permit shall include a Hazardous Materials Inventory Statement (HMIS) in accordance with Section 2701.5.2.

Sec.  105.8.3  Permit Application.  After Section 105.8.2.1, add Section 105.8.3 as follows:

Sec.  105.8.3  Permit Application.

An occupancy permit application shall be filed with the fire code official prior to occupancy.  The fire code official shall review the application, inventory statement (where required), and any associated documentation, and conduct any necessary inspections and meetings before an occupancy permit is issued in conjunction with the building department.

Sec.  105.8.4  Site and Building Preparation.  After Section 105.8.3, add Section 105.8.4 as follows:

Sec.  105.8.4.  Site and Building Preparation. 

As part of the occupancy permit, the intended occupancy shall meet the following requirements: 

  1. The building and any associated fire protection and life safety features shall comply with the requirements of this code.
  2. Fire apparatus access roads and fire lanes shall be designated and posted in compliance with Section 503.
  3. An address shall be posted in compliance with Section 505.
  4. A building and/or tenant floor plan shall be provided to the fire code official in an approved format on request.
  5. A Key Box (Knox Box) shall be installed as required by the fire code official in accordance with Section 506.
  6. Fire department connections shall be equipped with Knox Plugs as required by the fire code official.

Sec.  105.8.5  Notification of Changes.  After Section 105.8.4, add Section 105.8.5 as follows:

Sec.  105.8.5  Notification of Changes.

Changes in occupancy or use shall be made to, and approved by the fire code official before such changes occur.

Sec. 8-3. Severability.

Any and all sections, terms, provisions and/or clauses herein shall be deemed independent and severable. Should any court of competent jurisdiction hold any section, term or provision or clause void and/or invalid, all remaining sections, terms, provisions and/or clauses not held void and/or invalid shall continue in force and effect.

Sec. 8-4. Repealer.

All ordinances or parts thereof in conflict herewith are hereby repealed and shall be of no further force and effect.

Secs. 8-5– 8-9. Reserved.

ARTICLE II.
AMENDMENTS AND PENALTY

INTERNATIONAL FIRE CODE BOARD OF APPEALS

Sec. 8-10. Amendments.

The following sections of the fire code adopted by section 8-1 are hereby amended, deleted, modified, substituted for or added to as herein set forth. Section numbers or other references used in this section refer to the sections or other references of the fire code adopted by section 8-1.

Section 101.7. Severability. Section added to read as follows:

Section 101.7. Industrial exemption. Any industrial firm which maintains a fire brigade shall be exempt from the notice, reporting, permit, approval and certification provisions of this code for conditions protected by the fire brigade, but shall be subject to all other requirements of this code.

Section 103.1.4. Appeals. Section amended to read as follows:

The building board of appeals, created in section 5-27 of the Code of Ordinances, shall serve as the appeal body for this code, with the same power and duties granted to it in relation to the city's building code; except, however, when used in section 5-27 of the Code of Ordinances, the phrases "this article" or "the article" shall mean Chapter 8 of the Code of Ordinances; "chief building inspector" shall mean "fire chief"; and "building code" shall mean "uniform fire code".

Section 103.4.4. Citations. Section is hereby repealed.

Section 105.8 Permits required. Section amended to read as follows:

All permits in this section except "p.3 Pyrotechnic special effects material" and "t.1 Tents, Canopies and Temporary membrane structures", are deleted.

Section 207-F. The following definitions are hereby added to this section, after the definition for "fire barrier":

Fire brigade shall mean only regular, organized and trained industrial groups charged with the full-time responsibility of providing fire suppression.

Fireworks shall be defined to include and exclude all devices described in Section 243a of the Michigan Penal Code. (MCLA 750.243a; MSA 28.440(1).)

Section 211-J. The following definition is hereby amended to read as follows:

Jurisdiction means the City of Midland, Michigan.

Section 7801.1. Scope. Section amended to read as follows:

Notwithstanding any of the provisions of this article, in the event of any conflict between any of said provisions and statutes of the State of Michigan regulating fireworks, the latter shall control. In addition to the foregoing, nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

Article 79. Flammable and combustible liquids. Section amended to read as follows:

This article is deleted, except for Section 7904.6.5 Parking.

Appendix I-C, Stairway identification. Appendix is hereby adopted and amended as follows:

Section 2. General. Standardized signs shall be provided in new buildings which are seven (7) or more stories in height. Such signs shall be installed in stairways to identify each stair landing and indicate the upper and lower termination of the stairway.

Appendix III-A, Fire-flow requirements for buildings. Appendix is hereby adopted.

Appendix III-B, Fire hydrant locations and distribution. Appendix is hereby adopted.

Appendix III-C, Testing automatic sprinkler and standpipe systems. Appendix is hereby adopted.

Appendix V-A, Nationally recognized standards of good practice. Appendix is hereby adopted.

Appendix VI-A, Hazardous materials classifications. Appendix is hereby adopted.

Appendix VI-D, Reference tables from the uniform building code. Appendix is hereby adopted.

(Ord. No. 1364, § 2, 1-6-97)

SEC. 8-10.  INTERNATIONAL FIRE CODE BOARD OF APPEALS

Sec. 108.1  Board of Appeals.  Section amended to read as follows:

Sec.  108.1  Board of Appeals.

In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. 

Sec. 108.1.1  Creation of; appointment.  After Section 108.1, add Section 108.1.1 as follows:

Sec. 108.1.1 Creation of; appointment.

There is hereby established a fire board of appeals, hereinafter referred to as the board, which shall consist of four (4) members appointed by the city council.  The fire code official shall serve as AN EX-OFFICIO member of said board AND shall have no vote on any matter before the board.  The remaining three (3) members of the board shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems and are not employees of the city. 

Sec.  108.1.2  Term of Office.  After Section 108.1.1, add Section 108.1.2 as follows:

Sec. 108.1.2  Term of Office.

The term of office for members of the board shall be for three (3) years FROM MARCH 1, 2012, OR UNTIL the SUCCESSOR TO ANY MEMBERS SHALL TAKE OFFICE, EXCEPT THAT FOR THE INITIAL TERM THE TERMS OF THE MEMBERS SHALL BE ADJUSTED SO that THe TERM OF ONE (1) MEMBER SHALL EXPIRE ON JUNE 30, 2012, THE TERM OF ONE (1) MEMBER Shall expire on june 30, 2013, and the term of one (1) member shall expire on june 30, 2015.  the term of the fire code official shall be for the tenure in office.

Sec.  108.1.3  Internal Management.  After Section 108.1.2, add Section 108.1.3 as follows:

Sec. 108.1.3  Internal Management.

The board shall elect its own chairman and adopt its own rules of procedures for conducting its business.  The fire code official shall serve as permanent secretary for the board.  All meetings shall be open to the public and operate under the Open Meetings Act (Act 267 of 1976) and shall follow Roberts Rules of Order as a guideline.  The board shall keep a record of its proceedings, showing the action of the board and the vote of each member upon each appeal considered.  The board shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.  three voting members of the board shall constitute a quorum.

Sec. 108.1.4  Removing from office; filling vacancies.  After Section 108.1.3, add Section 108.1.4 as follows: 

Sec. 108.1.4  Removing from office; filling vacancies.

Members of the board may be removed by the city council for inefficiency, neglect of duty, or malfeasance in office.  Vacancies occurring otherwise than through the expiration of a term in office shall be filled for the unexpired term by the city council. 

Sec. 108.1.5  Members to serve without compensation. After Section 108.1.4, add Section 108.1.5 as follows: 

Sec. 108.1.5  Members to serve without compensation.

All members of the board shall serve without compensation.

Sec.  108.1.6  Liability of board and individual members.  After Section 108.1.5, add Section 108.1.6 as follows: 

Sec.  108.1.6  Liability of board and individual members. 

In no case shall the board or any members thereof be liable for costs in any action or proceeding that may be commenced in pursuance of the provisions of this code. 

Sec. 108.1.7  Limitations on authority.  After Section 108.1.6, add Section 108.1.7 as follows: 

            Sec.  108.1.7  Limitations on authority.

An application for appeal shall be based on a claim that the intent of this code has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed.  The board shall have no authority to waive requirements of this code.

Sec.  108.1.8  Submitting an appeal.  After Section 108.1.7, add Section 108.1.8 as follows:

Sec. 108.1.8  Submitting an appeal. 

An application for appeal must be submitted, in writing, within ten (10) business days of the date of issuance of the fire code official’s issuance of order, infraction or other notice.  Said appeal must include the name and all contact information; copy of the order, infraction or other notice; grounds for appeal; and, remedies sought.

Sec.  109.3  Violation Penalties.  Section amended to read as follows:

Sec.  109.3  Violation Penalties. 

Persons who shall violate any provision of this code or shall fail to comply with any requirements thereof or who shall erect, install, alter, repair, service, test or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be responsible for a municipal civil infraction.  Upon conviction of such infraction, such person shall be punished as provided in chapter 34 and fined according to chapter 21 of the Code of Ordinances.  The imposition of one (1) municipal civil infraction fine for any violation shall not excuse the violation or permit to continue and all such persons shall be required to correct or remedy such violation or defects.  Every day of noncompliance shall be deemed a separate violation. 

Sec. 8-11. Penalties.

(a) Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals or by a court of competent jurisdiction within the time fixed herein shall severally for each and every such violation and noncompliance respectively, be responsible for a municipal civil infraction. Upon conviction of such violation, such person shall be punished as provided in Chapter 34 and fined according to Section 21-91 of Chapter 21 of the Code of Ordinances. The imposition of one (1) municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions continue shall constitute a separate offense.

(b) The application of the above fine shall not be held to prevent the enforced removal of prohibited conditions.

Section 2.  This Ordinance shall take effect on March 1, 2012.  (Motion ADOPTED.  Considered first reading.)

 

FIRE DEPARTMENT SERVICE FEES – ORDINANCE AMENDMENT (1st reading)

Midland Area Chamber of Commerce President and CEO Sid Allen spoke in support of the Fire Department Service Fees.  Introduction and first reading of the following ordinance amending Chapter 21 by creating Article XIII – Fire Department Service Fees was offered by Councilman Brooks and seconded by Councilman Adams:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, By adding a new article, which new article shall be designated as article xiii of Chapter 21 THEREOF.

The City of Midland Ordains:

Section 1.  Article XIII of Chapter 21 is hereby created to read as follows:

ARTICLE XIII.

FIRE DEPARTMENT SERVICE FEES

Sec. 21-165.   Fire department service fees.

Fees for services provided by the City of Midland Fire Department in accordance with Chapter 8 of the Code Ordinances shall be as outlined in Article XIII.  For purposes of this section, “after hours” shall be defined as hours outside of normal Fire Prevention Division hours of operation.

1.    Annual and semi-annual fire safety inspections will be performed at no charge.

2.    1st  re-inspection     $50.00

3.    2nd and all  subsequent re-inspections     $100.00 each

sec. 21-166.  THIRD PARTY INSPECTIONS

Third party inspections by NFPA or State of Michigan certified inspectors may be accepted at the discretion of the Midland Fire Department.

SEC. 21-167.  OCCUPANCY INSPECTIONS

Certificate of Occupancy and Change of Occupancy inspections which include temporary certificates of occupancy as well as one (1) re-inspection. 

1.    Ultra low hazard........ $100.00

2.    Low hazard...................... $150.00

3.    Moderate hazard......... $575.00

4.    High hazard..................... $975.00

5.    Hotels/motels and nursing homes/assisted living facilities        $95.00 per building, plus $5.75 per room

SEC. 21-168.  ACCEPTANCE TESTING & TEMPORARY USE PERMITS

1.    AN ADDITIONAL Flat fee of $50.00 will be charged for all requested after hour.

2.     acceptance testing/inspections.

A.    Complaints........................................................................... $50.00

B.    life safety complaints................................................. $150.00

C.   Hot work operations..................................................... $50.00

D.   Fireworks displays.......................................................... $95.00

E.    Blasting................................................................................. $95.00

F.    Sprinkler system testing........................................... $150.00

G.   Fire pump testing............................................................ $150.00

H.   Fire alarm testing.......................................................... $150.00

I.      Commercial range hood suppression systems (acceptance testing).................................................................................................. $100.00

J.    Clean agent system (acceptance testing)........ $100.00 per

       unit and per test

K.    Smoke control systems (acceptance testing) $100.00 per system and per test

L.    Kiosk displays/booths/concession stands......... $50.00

M.   Mall displays....................................................................... $65.00

N.   Tents and other temporary membrane structures over 200 square feet........................................................................................ $125.00 (includes permit)

O.   Places of assembly (event)......................................... $50.00

P.    Exhibits and trade shows............................................. $50.00

Q.   Open flame.......................................................................... $50.00

sec. 21-169.  plan review fees

A.    Sprinkler systems (including foam systems).... $0.08 per square foot of building area with $250.00 minimum

B.    Fire pumps......... $200 (not included in sprinkler plan review fee)

C.   Stand pipe.......... $200.00 (combination stand pipe and riser plans shall be reviewed under the sprinkler system schedule)

D.   Commercial range hood systems....... $150.00; additional systems reviewed at the same time and for the same building          $100.00

E.    Clean agent, carbon dioxide or other similar systems      $150.00

F.    Fire alarm/detection systems.............. $90.00 per hour, one (1) hour minimum

G.   Building life safety..................................... $90.00 per hour, one (1) hour minimum

H.   Flammable, combustible liquids and compressed gas storage  $90.00 per hour, one (1) hour minimum

I.      Spectator seating review...................... 1 to 1,000 seats $200.00; over 1,000 seats shall be $200.00 plus $20.00 for each additional 20 seats

Sec. 21-170.   Cost recovery operating costs.

Hourly unit operating rate of equipment, materials and personnel as established by the Fire Chief, including but not limited to:

(1) Special events.

(2) Specialized professional services for emergency response needs as deemed required by    the Fire Chief or its designee.

(3) Training provided.

Section 2.   This Ordinance shall take effect March 1, 2012. (Motion ADOPTED.  Considered first reading.)

 

FIRE CODE – MUNICIPAL CIVIL INFRACTIONS ORDINANCE AMENDMENT (1ST reading)

Introduction and first reading of the following ordinance amending Section 34-5 – Municipal Civil Infractions was offered by Councilman Brown and seconded by Councilman Adams:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended 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, International 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 2.   This Ordinance shall take effect March 1, 2012.  (Motion ADOPTED.  Considered first reading.)

 

EASEMENT AGREEMENT – MEIJER, INC. SANITARY SEWERS

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

 

RESOLVED, that the attached Easement Agreement from Meijer, Inc., to the City of Midland, for public sanitary sewers on their private Meijer Store site on Eastman Avenue in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

COUNTRYSIDE ESTATES NO. 4 – FINAL PLAT

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

 

WHEREAS, the Final Plat of Countryside Estates No. 4 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Countryside Estates No. 4, in accordance with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the plat and record it on behalf of the City.  (Motion ADOPTED.)

 

MOLLY’S OF MIDLAND – LIQUOR LICENSE

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

 

RESOLVED, that the request from MOLLY’S OF MIDLAND, LLC, TO TRANSFER LOCATION OF ESCROWED 2011 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, FROM 134 ASHMAN, MIDLAND, MI  48640, MIDLAND COUNTY TO 405 E. MAIN STREET, 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.)

 

WATERFALL GRILL, LLC. – LIQUOR LICENSE

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

 

RESOLVED, that the request to TRANSFER OWNERSHIP OF ESCROWED 2011 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED AT 5103 EASTMAN, SUITE 167, MIDLAND, MI  48642, MIDLAND COUNTY, FROM B B BANUCKS, INC. TO WATERFALL GRILL, LLC; TRANSFER LOCATION TO 337 E WACKERLY, MIDLAND, MI  48640, MIDLAND COUNTY; AND REQUEST A NEW DANCE PERMIT be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $38,431.20 executed by the Purchasing Agent on September 13, 2011, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 12,800 gallons of regular #2 diesel fuel from Karbowski Oil of Bay City, Michigan for $38,361.60 executed by the Purchasing Agent on September 28, 2011, is hereby approved.  (Motion ADOPTED.)

 

GROVE PARK ACCESSIBLE PLAY STRUCTURE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of an accessible play structure for Grove Park, Bid No. 3376; and

WHEREAS, the FY 2011-12 General Fund was amended by City Council on September 26, 2011 to recognize a Community Development Block Grant to be used for the purchase of the play equipment; now therefore

RESOLVED, that the bid meeting City specifications submitted by Miracle Recreation of Okemos, Michigan for the purchase of an accessible play structure is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Miracle Recreation in the amount of $38,827.70 in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 

CARBIDE CUTTING BLADES FOR SNOW PLOWS

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of  Carbide Cutting Blades, Bid No. 3374; and

WHEREAS, funding for the cutting blades is included in the FY2011/12 Major and Local Street fund budgets for snow and ice control; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Valk Manufacturing of New Kingston, Pennsylvania in the amount of $22,961.60 for the purchase of carbide cutting blades for use in winter snow plowing operations, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 41

Donna Trampel, 1801 Norwood Drive, requested the public hearing on Conditional Use Permit No. 41 – to consider a request from DeShano Construction Company for a 49 unit 3 story senior multiple family apartment building located at 5510 Eastman Avenue in an Office Service Zoning District on 2.42 acres be postponed until January so the neighborhood could fully prepare and inform themselves on the issue.  Dan Devine, 1412 Brentwood, spoke in favor of postponing the public hearing.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, DeShano Construction Company submitted a request for a conditional land use permit for a 49 unit 3-story senior multiple family apartment building located at 5510 Eastman Avenue in an Office Service zoning district on 2.42 acres; 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, in accord with Section 28.02(B) of 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 November 21, 2011, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice by November 4, 2011 and to publish said notice on November 5, 2011.  (Motion ADOPTED.)

 

SWEDE AVENUE BIKE LANE

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

 

WHEREAS, the City of Midland has adopted a “Complete Streets” policy, a term given to streets that accommodate all forms of travel; including automobiles, bicycles, pedestrians, personal mobility devices, transit and freight in a safe environment on designated City streets; and

WHEREAS, the City of Midland has also adopted a Master Street Plan which proposes a network of streets with design features that will accommodate pedestrians and vehicular movement and includes a bicycle plan that specifically defines proposed trails, on-street bike lanes and bike routes; and

WHEREAS, the Non-Motorized Transportation Advisory Committee has recommended installation of a dedicated bike lane on both sides of Swede Avenue between East Wackerly Street and East Patrick Road with limited parking restrictions; and

WHEREAS, a significant amount of input and information has been presented by staff, the city’s traffic engineering consultant, the Non-Motorized Transportation Advisory Committee, and members of the public; and

WHEREAS,  the City of Midland Planning Commission, at its meeting on September 27, 2011, acted to recommend to City Council the installation of a dedicated bike lane with restricted parking by a 5-3 vote; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on November 14, 2011, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the recommendation for installation of a dedicated bike lane on Swede Avenue with parking restrictions; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify adjacent property owners on Swede Avenue by transmitting notice by October 28, 2011 and to publish said notice on October 29, 2011.  (Motion ADOPTED.)

 

URBAN COOPERATION ACT AGREEMENT WITH LARKIN TOWNSHIP

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

 

WHEREAS, the City of Midland desires to amend the Urban Cooperation Act Agreement between the City of Midland and the Charter Township of Larkin dated June 24, 1991 in order to extend the expiration date to December 31 of the year of the twentieth (20th) payment of shared revenue generated from the last remaining parcel annexed to the City within the Midland Urban Growth Area; and

WHEREAS, the Urban Cooperation Act (Public Act 7 of the Public Acts of the State of Michigan of 1967 (Ex Sess)) requires that a public hearing be held prior to approval of an agreement that provides for the sharing of revenue between the parties; now therefore

RESOLVED, that a public hearing shall be held before the City Council on Monday, October 24, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth St., Midland, Michigan, and the City Clerk is hereby authorized and instructed to publish the appropriate notice in accord with the Urban Cooperation Act.  (Motion ADOPTED.)

 

CITY ATTORNEY AND CITY MANAGER JOB PERFORMANCE REVIEWS

City Council held a discussion on the job performance reviews and presented the following two resolutions for consideration adjusting the annual compensation for the City Attorney James O. Branson and City Manager Jon Lynch. 

 

CITY ATTORNEY

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

 

RESOLVED, that James O. Branson III, City Attorney is to be paid a one-time lump sum merit increase of $1,830.52; and

RESOLVED FURTHER, that Mr. Branson be issued a one-time, lump-sum longevity payment of $7,251.00 to correct an omission and that an administrative correction be made to add five years of longevity to Mr. Branson’s employment with the city, capping his longevity at the corrected rate of 6.5%; and

RESOLVED FURTHER, that it become part of Mr. Branson’s employment with the city that a performance evaluation be provided prior to July 1 of each year; and

RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and

RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of James O. Branson III incorporating this and previous Council amendments once approved by the Director of Human Resources as well as James O. Branson III.  (Motion ADOPTED.)

 

CITY MANAGER

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

 

RESOLVED, that Jon Lynch, City Manager is to be paid a one-time lump sum merit increase of $2,590.64; and

RESOLVED FURTHER, Mr. Lynch be provided up to $500 annually for dues and expenses related to his participation in events and civic organizations pertaining to the community; and

RESOLVED FURTHER, that it become part of Mr. Lynch’s employment with the city that a performance evaluation be provided prior to July 1 of each year; and

RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and

RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of Jon Lynch incorporating this and previous Council amendments once approved by the Director of Human Resources as well as Jon Lynch.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk