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

 

MINUTES

Approval of the minutes of the December 15, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

ZONING PETITION NO. 556

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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.)

 

2008-09 GENERAL FUND BUDGET AMENDMENT

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 Fire Department’s intent to use said funds toward purchasing fire fighting equipment, conduct training courses and make fire station improvements at a total cost of $106,550; and

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 Fire Department appropriations by $95,895.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WARRANTY DEED FOR CORPORATION – T. MOORE DRIVE

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.)

 

THIRD AMENDMENT – HOMER TOWNSHIP WATER SERVICE AGREEMENT

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.)

 

ANNEXATION OF PROPERTY AT 5217 ISABELLA STREET (HOMER TWP)

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.)

 

JOINT BUILDING AUTHORITY – LYNCH & RIECKER REAPPOINTMENT

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.)

 

CITY OF MIDLAND QUARTERLY FINANCIAL STATEMENTS (09/30/08)

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 City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

REACHING OUR COMMUNITY KIDS (ROCK) CHARITABLE GAMING LICENSE

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.)

 

DIESEL FUEL PURCHASE

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.)

 

NATURAL GAS PURCHASE

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.

 

 

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            Selina Tisdale, City Clerk