January 11, 2010
A regular meeting of the City Council was held on Monday, January 11, 2010,
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.
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Councilmen present: |
Thomas Adams, Maureen Donker, Scott Gaynor, Bruce
Johnson, Marty Wazbinski |
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Councilmen absent: |
None |
MINUTES
Approval of the minutes of the December 21, 2009 regular meeting was
offered by Councilman Adams and seconded by Councilman Wazbinski. (Motion ADOPTED.)
ZONING PETITION NO. 563
Planning and Community Development Director Keith Baker presented
information on Zoning Petition No. 563 – Earl D. Bennett Construction – to
conditionally rezone property at 204 Commerce Drive from Larkin Township Zoning
to Residential B zoning classification.
A public hearing opened at 7:35 p.m. Rich Fosgitt
of Wilcox Professional Services, speaking on behalf of Bennett Construction,
spoke regarding the requested rezoning.
Sheila Mesler of Bennett Development, Inc.
spoke regarding the rezoning request.
Fred Dice, architect with Bennett Development, Inc. spoke in support of
the architecture of the proposed development.
Speaking in opposition to the requested rezoning was Mike Rapanos, 3736 Julie Ann Drive; Doug Stevens, 2102 N.
Jefferson Avenue; Mike Pnacek, 2661 Blackhurst Drive; John Bartos,
2095 N. Jefferson Avenue, also speaking on behalf of Dr. Thomas Rush. The public hearing closed at 8:31 p.m. Councilman Gaynor moved for discussion,
seconded by Councilman Johnson, the ordinance rezoning property at 204 Commerce
Drive from Larkin Township to Residential B zoning classification. After council discussion, the following
resolution tabling action on Zoning Petition No. 563 was then offered by
Councilman Gaynor and seconded by Councilman Adams:
WHEREAS, a public hearing was held by the
Midland City Council on Monday, January 11, 2010 on Zoning Petition No. 563 -
for property located at 204 Commerce Drive for the purpose of considering the
advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning
Ordinance of the City of Midland; now therefore
RESOLVED, that action on Zoning Petition No.
563 is hereby tabled until Monday, January 25, 2010 to give staff time to
formalize the petitioner’s proposed amendment.
(Motion ADOPTED.)
CONDITIONAL USE PERMIT NO. 37
Planning and Community Development Director Keith Baker presented
information on Conditional Use Permit No. 37 – to consider a request from Mann
Construction, Inc. for an A&W Restaurant (drive-in/drive-thru) located at
1514 Washington Street in a Regional Commercial zoning
district on 1.37 acres. A public hearing
opened at 9:11 p.m. Bill Trahan, Mann Construction, spoke
regarding the development. The public
hearing closed at 9:13 p.m. The
following resolution was then offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, Mann Construction, Inc. submitted a request for a conditional land use permit for an A&W Restaurant (drive-in/drive-thru) to be located at 1514 Washington Street located in a Regional Commercial zoning district on 1.37 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 land use; and
WHEREAS, the
1. The storm water detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.
2. All landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.
6. The location, access and flow of the water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.
7. Any proposed irrigation system will comply with the City of Midland Water Department specifications.
8. That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02(E) (2) of the Zoning Ordinance.
9. That a bike rack be installed as part of the project.
In accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore
RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 37, in accord with documents provided and submitted at the meeting of December 21, 2009. (Motion ADOPTED.)
Council recessed from 9:15 p.m. to 9:20 p.m.
ZONING TEXT AMENDMENT NO. 149A
Planning and Community Development Director Keith Baker presented
information on Zoning Text Amendment No. 149A – to amend the City of Midland
Zoning Ordinance Section 3.03 to further define permitting and foundation
requirements for accessory structures in the City of Midland. A public hearing opened at 10:01 p.m.
recognizing no public comments, the hearing closed at 10:01 p.m. The following ordinance amendment was then
offered by Councilman Gaynor and seconded by Councilman Adams:
ORDINANCE NO. 1687
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 ORDINANCE TO FURTHER DEFINE PERMITTING AND FOUNDATION REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE CITY OF MIDLAND.
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:
Section
2.02 – DEFINITIONS
RAT WALL: A low perimeter foundation wall that is both below and above grade, intended to prevent rodents and burrowing animals from accessing the sub-floor area.
Section 3.03 --
ACCESSORY BUILDINGS AND STRUCTURES
A. General Requirements
5. Applicability
of Other Codes and Ordinances
Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation. A zoning compliance permit, as outlined in Section 31.06, shall be required for all accessory buildings and structures with floor area between 50 and 200 square feet. Any accessory structure greater than 200 square feet in floor area shall require a building permit.
6. Foundations
All Accessory buildings and structures with a floor area between 50 and 200 square feet shall be required to have a rat wall foundation that extends a minimum of 12” below surrounding grade. The rat wall foundation shall be constructed from concrete, block or foundation grade lumber and conforms to the Michigan Building Code. An accessory building may also be placed on a concrete slab which extends a minimum of 2 feet horizontally from all four sides of the structure.
Section 31.06 ZONING COMPLIANCE PERMIT
B. Zoning
Compliance Permit
1. Permit Required
a. A zoning compliance permit shall be required prior to any construction on vacant or improved land, or any construction or alterations whether requiring a building permit or not. Zoning compliance permits shall be issued concurrently with building permits.
b. In addition, any change of land use shall also require a zoning compliance permit to ensure that all applicable zoning ordinance requirements are adhered to and compliance with the Zoning Ordinance is achieved.
2. Application Requirements
No permit shall be issued for construction, alteration, or remodeling of any building or structure where a change in land use is proposed until an application has been submitted, showing that the proposed uses, structures and buildings are in conformance with the provisions of this Ordinance.
Applications for permits
required by this Section shall be filed with the Building Official.
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. Yeas: Adams, Donker, Gaynor, Wazbinski Nays: Johnson)
PUBLIC COMMENTS
No public comments were made.
RECREATION PROGRAMS – FEE AMENDMENTS
Department of Public Services Director Karen Murphy presented
information on the second reading and adoption of ordinances amending swimming
pool fees and general recreation fees.
The following two ordinance amendments were then presented for
consideration.
SWIMMING POOL FEES ORDINANCE AMENDMENT
The following ordinance amendment was offered by Councilman Wazbinski
and seconded by Councilman Gaynor:
ORDINANCE NO. 1688
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF
DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section 1. Section
21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:
Sec. 21-72. Swimming pool fees
The
fees for use of the city’s swimming pools are as follows:
|
(1) |
Public Swimming - Adult |
$ 4.00 |
per session |
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Public Swimming – Youth & Senior |
$ 3.00 |
per session |
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(2) |
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$ 45.00 |
per pass |
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$ 35.00 |
per pass |
|
(3)* |
Swimming Lessons |
$ 35.00 |
per session |
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(4) |
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$ 80.00 |
per pass |
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|
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$ 65.00 |
per pass |
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(5) |
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$ 115.00 |
per pass |
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(6) |
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$
30.00 |
per member |
|
(7) |
|
$ 165.00 |
per pass |
|
(8) |
Competitive Swim Pool Rental |
$
50.00 |
per hour |
|
(9) |
Aquasize – per session |
$ 20.00 |
per session |
|
(10) |
Aquasize – daily drop-in |
$ 4.00 |
per day |
(11) Midland Dolphins season contract: The director of public services is authorized
with the
approval of the city manager to enter into a
cost recovery agreement with the Midland Dolphins
consistent with the recreation fee philosophy for use of Plymouth
Pool. The agreement will be
reviewed and adjusted annually as needed.
* THERE SHALL BE A $10.00 SERVICE FEE FOR
REFUNDS.
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
GENERAL RECREATION FEES ORDINANCE AMENDMENT
The following ordinance amendment was offered by Councilman Wazbinski
and seconded by Councilman Gaynor:
ORDINANCE NO. 1689
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF
DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.
The City of Midland Ordains:
Section 1. Section
21-73 of Division 4 of Article II of
Chapter 21 is amended to read as follows:
Sec. 21-73. General recreation fees
|
(1) |
Adult softball player |
$ 25.00 |
per player |
|
(2) |
Adult softball player (2nd
team) |
$ 25.00 |
per player |
|
(3) |
Adult softball player - Fall League |
$ 15.00 |
per player |
|
(4) |
Each softball team in individual
tournaments |
$ 25.00 |
per team |
|
(5) |
Youth softball player |
|
per player |
|
(6) |
Rugby club |
$ 450.00 |
per club |
|
(7) |
Beach volleyball |
|
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Player fee |
$ 8.00 |
per player |
|
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2 & 4 player league sponsor fee |
$ 30.00 |
per team |
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6 player league sponsor fee |
$
60.00 |
per team |
|
(8) |
Ski rental (each 2 hours or part thereof) |
$
6.00 |
per hour |
|
(9) |
Toboggan rental (per hour two-hour
maximum) |
$ 6.00 |
per hour |
|
(10) |
Chalet building rental (2 hour minimum) |
$
30.00 |
per hour |
|
(11) |
Picnic kit deposit |
$
15.00 |
per kit |
|
(12)* |
Ball field rental – private tournament |
$ 10.00 |
per hour per field |
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(13)* |
Ball diamond grooming – private tournament |
$ 15.00 |
per grooming |
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(14)* |
Ball diamond grooming/maintenance –
private tournament - Overtime |
$ 75.00 |
per hour |
|
(15)* |
Ball diamond grooming/maintenance –
private tournament - Double time |
$100.00 |
per hour |
|
(16)* |
Diamond dry field drying material– private
tournament |
$ 12.00 |
per bag |
|
(17)** |
Picnic shelter reservations |
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Emerson A-1, Emerson E |
$
25.00 |
per use |
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$
25.00 |
per use |
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$
25.00 |
per use |
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|
$
25.00 |
per use |
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Chippewassee |
$
25.00 |
per use |
|
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Emerson D |
$
45.00 |
per use |
|
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|
$
55.00 |
per use |
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Unsheltered areas |
$
15.00 |
per use |
|
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Addition of a canopy |
$
25.00 |
per request |
|
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Delivery of picnic tables (up to 10
tables) |
$ 30.00 |
per use |
|
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Additional tables (if available) |
$
4.00 |
per table |
|
(18) |
Delivery of bleachers |
$ 20.00 |
per section |
|
(19) |
Delivery of half barrel portable grill |
$ 10.00 |
per use |
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(20) |
City stage rental |
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|
|
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Non-profit group inside city limits |
$ 75.00 |
per use |
|
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For profit group inside city limits |
$ 225.00 |
per use |
|
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Non-profit group outside city limits |
$ 125.00 |
per use |
|
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For profit group outside city limits |
$ 425.00 |
per use |
|
(21) |
Haunted Forest |
|
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Youth (to age 11) |
$ 3.00 |
per entry |
|
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Adult (12 and up) |
$ 5.00 |
per entry |
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(22) |
Canoe rental |
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|
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Two hour rental |
$ 5.00 |
per use |
|
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Three hour rental |
$ 6.00 |
per use |
|
(23) |
Speaker system deposit |
$
50.00 |
per system |
*Note:
Fees for private tournament ball field maintenance effective starting
with the 2010
softball season.
**Note: Fees paid for shelter reservations are
non-refundable.
Exceptions
to (17) Picnic shelter reservation fees are as follows:
a) Donors of shelters shall be allowed one rent free use per year in the
respective donated
structure.
b) Daytime reservations which begin after
Monday – Friday in May and June are exempt from fees.
***Note:
The director of public services is authorized with the approval of the
city manager to implement rates for special recreation events according to the
recreation fee philosophy to recover programming costs for such offerings.
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
DOW KOKAM MI, LLC RENAISSANCE ZONE
Assistant City Manager Jack Duso presented information on the proposal
to create a Michigan Strategic Fund Designated Renaissance Zone, including
parcels in the new Renaissance Zone for Dow Kokam MI, LLC, and authorizing the
execution of the appropriate Development Agreement. Councilman Gaynor disclosed his employment
status with The Dow Chemical Company, a joint venture with Dow Kokam. City Council accepted his disclosure and
approved Councilman Gaynor’s continued full participation on the agenda
item. Chuck Reardon, Commercial Vice
President for Dow Kokam, spoke regarding the project. Scott Walker, CEO of Midland Tomorrow, spoke
in support of approval of this request. The
following resolution was then offered by Councilman Wazbinski and seconded by
Councilman Adams:
WHEREAS, the City of Midland desires to expand economic activity, and
increase the number of jobs and income available to residents of the area; and
WHEREAS, certain areas within our city have suffered from depressed
economic activity for some time, including low incomes, lack of employment
opportunities, and depressed business expansion; and
WHEREAS, the designation of selected areas as a Renaissance Zone will
help attract new business, increase economic development, and expand business
and employment opportunities in the City of Midland and surrounding communities
for years to come; and
WHEREAS, the local units of government, local citizens, and local
businesses are committed to improving the area, should a Renaissance Zone be
designated; and
WHEREAS, the commitment extends to making new investments and marketing
of the area to other investors; and
WHEREAS, should the area be designated a Renaissance Zone, persons and
property within that zone will be exempt from taxes levied by the township,
village, county, and other units of government as provided under the Act, which
will provide a stimulus to develop the area; and
WHEREAS, the state government, under the Act, will reimburse local
schools, community colleges, intermediate school districts, and public
libraries for any revenue lost due to the exemption provided by the Act; and
WHEREAS, we estimate that tax revenue lost, which is estimated on the
attached schedules, would be a small fraction of the benefits the designation
of a Renaissance Zone will bring the community; now therefore
RESOLVED, that the land described by the attached legal descriptions for
parcels 14-22-20-009 and 14-22-30-011 shall be included in the Renaissance Zone
with various state, local and county taxes being waived for new investment on
the property for a period of 15 years beginning January 1, 2011 through
December 31, 2025; and
RESOLVED FURTHER, that the attached Proposal for Creating a Michigan
Strategic Fund (MSF) Designated Renaissance Zone is hereby approved and the
City Administration is authorized to submit said document to the Michigan
Strategic Fund; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized
and directed to execute the appropriate development agreement subject to review
and approval by the City Attorney.
(Motion ADOPTED.)
SECURITY CAMERAS & RECORDER SYSTEM AT CIVIC ARENA
Assistant City Manager Jack Duso presented information on a donation
from Fast Ice, Inc. for a security system at the Midland Civic Arena. The following resolution was then offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, Fast Ice, Inc. has expressed interest in acquiring and installing a security camera and recorder system at the Midland Civic Arena; and
WHEREAS, this system will be a significant deterrent to theft and vandalism at the Civic Arena; and
WHEREAS, the Civic Arena Manager will oversee the installation of the system; now therefore
RESOLVED, that the City Council hereby authorizes Fast Ice, Inc. to install said system at the Civic Arena under the supervision of the Civic Arena Manager and hereby expresses its appreciation for this generous donation. (Motion ADOPTED.)
WATER MAIN EASEMENT AGREEMENT – COLUMBIA PIPE & SUPPLY
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that the attached Easement Agreement from Columbia Pipe and Supply Company, to the City of Midland, for public water mains on their private site on Rockwell Drive at Fast Ice Drive in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded. (Motion ADOPTED.)
DIESEL FUEL PURCHASE
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
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 which was reviewed on December 21, 2009; 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 12,598 gallons of diesel fuel
from Hirschman Oil of Reese, Michigan for $25,309.38 executed by the Purchasing
Agent on December 22, 2009, is hereby approved.
(Motion ADOPTED.)
PROPOSED 2009-10 GENERAL FUND BUDGET AMENDMENT
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of
Midland, a public hearing shall be conducted at 7:00 p.m., January 25, 2010 in
the Council Chambers of City Hall on the proposal to amend the 2009-10 General
Fund budget to increase revenues to recognize a gift of $350,000 from the
Charles J. Strosacker Foundation to renovate Thrune Park and to increase expenditures by $350,000 to
allow for construction of the project.
(Motion ADOPTED.)
PROPOSED 2009-10 RENEWABLE ENERGY SERVICES FUND BUDGET AMENDMENT
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, January 25, 2010, in the Council Chambers of City Hall on the proposal to amend the 2009/10 Renewable Energy Services Fund budget, increasing revenues by $10,000,000 from State Revolving Fund loan proceeds, and increasing appropriations by $10,000,000 for costs associated with the gas-to-energy system. (Motion ADOPTED.)
Being no further business the meeting adjourned at 10:10 p.m.
______________________________________
Selina Tisdale, City