January 12, 2009
A
regular meeting of the City Council was held on Monday, January 12, 2009, at
7:00 p.m. in the Council Chambers of City Hall.
Mayor Johnson presided. The
Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Maureen Donker, Bruce Johnson, Hollis McKeag,
Joseph Rokosz |
|
Councilmen
absent: |
Thomas
Adams |
Approval
of the minutes of the December 15, 2008 regular meeting was offered by
Councilman McKeag and seconded by Councilman Donker. (Motion ADOPTED.)
Planning
and Community Development Director Keith Baker introduced Zoning Petition No.
556 – Ieuter Insurance – rezoning property at 404, 408 and 414 Townsend Street
from Office Service to Downtown zoning district. Karl Ieuter, Ieuter Insurance, spoke
regarding the project. A public hearing
opened at 7:17 p.m., recognizing no public comments, the hearing closed at 7:17
p.m. The following ordinance amendment
was then offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. 1669
AN ORDINANCE TO
AMEND ORDINANCE NO.
1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE A DOWNTOWN ZONING WHERE AN OFFICE SERVICE ZONING DISTRICT PRESENTLY
EXISTS.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
SW ½ OF LOTS 5 & 6 BLK 55 CARPENTERS DIV
NE ½ OF LOTS 5 & 6 BLK 55 CARPENTERS DIV
LOTS 3 & 4 BLK 55 CARPENTERS DIV
Be, and the same is hereby changed to Downtown.
Section 2. All
Ordinances or parts of Ordinances in conflict herewith are hereby repealed only
to the extent necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Ordinance ADOPTED.)
Midland
Fire Chief Leonardo Garcia presented an amendment to the 2008-09 General Fund
budget to recognize revenue awarded from the Federal Emergency Management
Agency’s, U.S. Fire Administration, 2008 Assistance to Fire Fighters Grant
Program and to provide an appropriation for expenses to purchase fire fighting
equipment, conduct training and make fire station improvements. A public hearing opened at 7:26 p.m.,
recognizing no public comments, the hearing closed at 7:26 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
in accord with Section 11.6 of the Charter of the City of Midland, and after
having given proper legal notice, and having conducted a public hearing on
Monday, January 12, 2009, on the proposal to amend the 2008-09 General Fund
budget in order to increase Federal Grant Revenues by $95,895 and to increase
Fire Department appropriations by $95,895; and
WHEREAS,
it is the
WHEREAS,
the 2008-09 General Fund budget already includes an appropriation in the amount
of $10,655 to replace fire fighting equipment, resulting in a need for
additional appropriations of $95,895; now therefore
RESOLVED,
that the 2008-09 General Fund budget be amended to increase Federal Grant
Revenues by $95,895 and to increase
No
public comments were made.
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the attached Warranty Deed for Corporation from R. I. Hospitality, LLC, to
the City of Midland, for a 12’ wide strip of property on the west side of T.
Moore Drive from the north line of Joe Mann Boulevard to the north line of Ted
Doan Drive, in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Warranty
Deed is ordered recorded; and
RESOLVED
FURTHER, that said 12’ wide strip of property shall be used for public street
purposes. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the Third Amendment to the Water Service Agreement between the City of
Midland and Homer Township is hereby approved and the Mayor and City Clerk are
authorized to execute said amendment. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the City Council of the City of Midland herewith approves the annexation
of the following described property to the City of Midland:
COMMENCING 535.92 FEET WEST OF THE
NORTHEAST CORNER OF THE EAST 40 ACRES OF THE NORTHEAST FRACTIONAL ¼ OF SECTION
23, T14N R1E FOR THE TRUE PLACE OF BEGINNING; THENCE SOUTH 264 FEET; THENCE EAST
181.5 FEET; THENCE SOUTH 198 FEET; THENCE WEST 261.5 FEET; THENCE NORTH 462
FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGININNG. EXCEPT THAT PORTION DEEDED TO THE MICHIGAN
STATE HIGHWAY COMMISSION IN DEED RECORDED IN LIBER 259, PAGE 568.
pursuant to Section
9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA
5.2088; MCLA 117.9} as a result of a
similar petition filed both with the City of Midland and the Township of Homer
by the property owner which hold 100 percent of the record legal title to said
property, and upon which no qualified electors, other than the petitioners,
presently reside, with said annexation to the City of Midland to be
accomplished upon the passage of a similar resolution by the Township Board of
the Township of Homer; and
RESOLVED FURTHER,
that the Planning Department shall forward a copy of this resolution to the
Office of the Great Seal in the Secretary of State’s Office, and the City Clerk
shall forward a copy to the Midland County Clerk. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Articles of Incorporation of the City and County of Midland Joint Building
Authority provide that the Authority shall be directed and governed by a
Commission of the Authority consisting of three members, one to be elected by
the Midland City Council, one to be elected by the Midland County Board of
Commissioners, and one to be elected by the joint action of the City Council
and the County Board of Commissioners; and
WEHREAS,
the four-year term of Jon J. Lynch to represent the City of Midland on said
Commission is due to expire on January 24, 2009; and
WHEREAS,
the four-year term of Margaret “Ranny” Riecker as the jointly elected member of
said Commission is due to expire on February 7, 2009; now therefore
RESOLVED,
that Jon J. Lynch be and hereby is re-elected to the office of Commissioner of
the City and County of Midland Joint Building Authority for a term beginning
January 25, 2009 and expiring on January 24, 2013; and
RESOLVED
FURTHER, that Margaret “Ranny” Riecker be and hereby is re-elected to the
office of Commissioner of the City and County of Midland Joint Building
Authority for a term beginning February 8, 2009, and expiring on February 7,
2013. (Motion ADOPTED.)
MDOT PERFORMANCE
RESOLUTION FOR GOV’TL AGENCIES (RIGHT OF WAY PERMITS)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Michigan Department of Transportation, or MDOT, is requesting that the City
of Midland renew the annual MDOT Performance Resolution for Governmental
Agencies and related annual extensions to allow the City of Midland to operate
within the State Rights of Way in 2009 using an annual State permit instead of
individual State permits; and
WHEREAS,
the Midland City Council has approved similar annual performance resolutions
from April 2001 through 2006; and
WHEREAS,
MDOT has approved annual extensions of the 2006 resolution in 2007 and 2008;
and
WHEREAS,
minor revisions to the 2009 resolution by MDOT do not change previous permit
conditions; and
WHEREAS,
the City Attorney has reviewed the MDOT Performance Resolution for Governmental
Agencies; now therefore
RESOLVED,
that the attached MDOT Performance Resolution for Governmental Agencies is
hereby adopted to facilitate processing State Right of Way Permits; and
RESOLVED FURTHER, that the City Clerk
is hereby authorized to execute the MDOT Performance Resolution for
Governmental Agencies on behalf of the City of Midland.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that the quarterly operating
statements of the City of Midland, for the quarter ended September 30, 2008,
are hereby acknowledged as being received by the Midland
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the request from Reaching Our Community Kids of the City of Midland,
county of Midland, asking that they be recognized as a nonprofit organization
operating in the community for the purpose of obtaining a charitable gaming
license, be considered for approval. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
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, 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 diesel fuel from Hirschman Oil
of Reese, Michigan for $20,488.60 executed by the Purchasing Agent on December
16, 2008, is hereby approved. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the City purchases natural gas from a third party supplier in bulk to provide a
cost savings over our State-regulated utility company; and
WHEREAS,
the current market situation for natural gas is volatile and prices fluctuate
on a daily basis; and
WHEREAS,
a favorable price for natural gas is available currently for a short term
period; now therefore
RESOLVED, that the City Council hereby waives
the competitive bid process and awards the purchase of natural gas from Bishop
Energy of Midland, MI for all City locations at the rate of $6.19 per MMBtu for
the period January through April 2009.
(Motion ADOPTED.)
Being
no further business the meeting adjourned at 7:30 p.m.
______________________________________
Selina
Tisdale, City