January 25, 2010

 

A regular meeting of the City Council was held on Monday, January 25, 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.

 

Councilmen present:

Thomas Adams, Maureen Donker, Scott Gaynor, Bruce Johnson

Councilmen absent:

Marty Wazbinski

 

MINUTES

Approval of the minutes of the January 11, 2010 regular meeting was offered by Councilman Adams and seconded by Councilman Gaynor.  (Motion ADOPTED.)

 

LWV MAKING DEMOCRACY WORK DAY

Communications Coordinator Libby Richart introduced Midland Area League of Women Voters (LWV) President Karen Sherwood.  The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating February 14, 2010, as “LWV Making Democracy Work Day” in Midland, in honor of the 90th birthday of the League of Women Voters.  (Motion ADOPTED.)  Mayor Donker presented Karen Sherwood with the proclamation.

 

2009-10 GENERAL FUND BUDGET AMENDMENT – THRUNE PARK RENOVATION

Department of Public Services Director Karen Murphy presented information on an amendment to the 2009-10 General Fund Revenue Budget to recognize a gift of $350,000 from the Charles J. Strosacker Foundation to renovate Thrune Park and to increase expenditures to allow for construction of the project.  A public hearing opened at 7:09 p.m., recognizing no public comments, the hearing closed at 7:09 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing on Monday, January 25, 2010, on the proposal to amend the 2009-10 General Fund Budget to recognize a gift from the Charles J. Strosacker Foundation of $350,000 and the unanticipated expenses related to the renovation of Thrune Park; now therefore

RESOLVED, that the 2009-10 General Fund Budget is hereby amended to increase revenue by $350,000 to recognize a gift from the Charles J. Strosacker Foundation and to increase expenses by $350,000 to recognize the unanticipated expense related to the renovation of Thrune Park.  (Motion ADOPTED.)

 

2009-10 RENEWABLE ENERGY SERVICES FUND BUDGET AMENDMENT

Utilities Director Noel Bush presented an amendment to the newly-created 2009-10 Renewable Energy Services Fund Budget to increase revenues from Michigan State Revolving Loan proceeds by $10,000,000 and to increase appropriations for costs associated with the gas-to-energy system.  A public hearing opened at 7:12 p.m., recognizing no public comments, the hearing closed at 7:12 p.m.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Adams:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, a public hearing was conducted on Monday, January 25, 2010, on the proposal to amend the 2009/10 Renewable Energy Services Fund budget, increasing revenues from State Revolving Fund loan proceeds and increasing appropriations by $10,000,000, for Planning, Design, Construction, Construction Oversight, Contract Management, Contingency, and Bonds Issue costs for the gas-to-energy system; now therefore

RESOLVED, that the 2009/10 Renewable Energy Services Fund budget is hereby amended to increase revenues from State Revolving Fund loan proceeds by $10,000,000 and to increase appropriations for the 2009/10 Renewable Energy Services Fund budget associated with the gas-to-energy system by $10,000,000.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

PARKING FEES – ORDINANCE AMENDMENT (1ST reading)

City Treasurer Dana Strayer presented information on an ordinance amending Article X of Chapter 21, to include an annual fee amount of $250.00 per space for open lot leased parking spaces in the downtown area.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING ARTICLE X OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Article X of Chapter 21 is hereby amended to read as follows:

ARTICLE X.  PARKING METER FEES.

Sec. 21-153.1 Parking meter rates.

Fees charged for parking at meters within the City of Midland shall be:

One-half (1/2) hour ……………………………………….                   $0.10

One hour ………………………………………………….                      0.20

SEC. 21-153.2  LEASED PARKING SPACES

Fee charged for aN OPEN LOT leased space within the City of Midland shall be:

ANNUAL FEE ………………………………………………    $250.00

THE ANNUAL FEE MAY BE PRORATED ON A MINIMUM SIX MONTH BASIS AS SPECIFIED IN THE LEASE PERMIT.

Section 2.        This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

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 to Residential B zoning classification.  This agenda item was tabled during the January 11, 2010 City Council meeting.  Councilman Gaynor moved, seconded by Councilman Adams, to remove Zoning Petition No. 563 from the table.  (Motion ADOPTED.)  Due to an absent council member, the petitioner requested that action on the zoning petition be postponed until the February 15, 2010 regularly scheduled city council meeting.  Councilman Gaynor moved, seconded by Councilman Adams, to postpone action on Zoning Petition No. 563 until February 15, 2010.  The following resolution was then presented for consideration:

 

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; and

WHEREAS, action on Zoning Petition No. 563 was tabled until Monday, January 25, 2010 to give staff time to formalize the petitioner’s proposed amendment; and

WHEREAS, a request has been received from the petitioner to postpone action on Zoning Petition No. 563 until such time that all councilmen are present; now therefore

RESOLVED, that action on Zoning Petition No. 563 is postponed until Monday, February 15, 2010.  (Motion ADOPTED.)

 

2010-11 CONSTRUCTION PROJECT PRIORITIES LIST

City Engineer Brian McManus presented the 2010-2011 Construction Project Priorities List including endorsement of an application for “Category A” Economic Development Grant funds from MDOT for street improvements surrounding expansions at The Dow Chemical Company.  Ken Andrews, 2218 Rolling Ridge Drive, spoke in support of the non-motorized transportation recommendations included in the priorities list.  Kerry Irons, 4501 Cruz Drive, member of the Non-motorized Transportation Committee, spoke in support of the non-motorized transportation recommendations.  The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2010-2011 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; now therefore

RESOLVED, that City Council hereby approves said proposed construction project listing for 2010-2011 and directs the City Administration to include funding requests for the proposed projects in the 2010-2011 budget; and

RESOLVED FURTHER, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion ADOPTED.)

 

“CATEGORY A” ECONOMIC DEVELOPMENT GRANT – DOW CHEMICAL EXPANSION

The following resolution was offered by Councilman Johnson and seconded by Councilman Gaynor:

 

WHEREAS, the City desires to pursue a ‘Category A’ Economic Development Grant from the Michigan Department of Transportation (MDOT), to secure funding for street improvements surrounding a planned battery plant, corporate business expansion, and other projects within the City of Midland; and

WHEREAS, a grant application will be submitted jointly between the City and MDOT; and

WHEREAS, the grant will accommodate improvements to State and Local roadways within the City of Midland; and

WHEREAS, MDOT supported an initial letter of intent submitted by the City; and

WHEREAS, grant approval conditions involve support by resolution from the local authority for related new or improved streets, which includes a minimum 20% project cost share and maintenance commitment; and

WHEREAS, the project could involve road and bridge construction, reconstruction, resurfacing, and intersection improvements within road segments in the following areas:

  • US-10BR between Bayliss Street and US-10
  • Bayliss Street between Barth Street and Patrick Road
  • Barth and Pershing Streets
  • James Savage Road
  • Saginaw Road between E. Patrick Road and Waldo Avenue
  • Waldo Avenue between Eastlawn Drive and James Savage Road
  • Bay City Road between Saginaw Road and Waldo Avenue
  • Austin Street between Bay City and Saginaw Roads
  • Salzburg Road between Saginaw Road and Waldo Avenue
  • Poseyville Road between the south city limits and Ellsworth Street

; and

WHEREAS, the estimated costs for city related street improvements is $4.8 million; and

WHEREAS, the estimated City cost share is $960,000; and

WHEREAS, MDOT indicated that existing road work the City completes on Saginaw Road in 2010 will be considered part of City matching funds with remaining funds provided from the Major and Local Street funds should the grant be approved; now therefore

RESOLVED, that the City Council hereby supports the proposed development and agrees to said conditions regarding receiving grant funding on behalf of the City of Midland.  (Motion ADOPTED.)

 

FOIA REQUEST DENIAL APPEAL

No action taken, withdrawn by petitioner.

 

TRAFFIC CONTROL ORDER R-09-04

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

 

RESOLVED, that Traffic Control Order No. R-09-04 filed November 12, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That the speed limit of Whiffletree Lane shall be 25 mph.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-09-05

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

 

RESOLVED, that Traffic Control Order No. R-09-05 filed November 15, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That the speed limit of Fast Ice Drive shall be 35 mph and that Traffic Control Order R-07-09 shall be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-13

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

 

RESOLVED, that Traffic Control Order No. S-09-13 filed November 15, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Springwood Drive shall stop for Woodcliff Drive. 

is hereby made permanent.  (Motion ADOPTED.)

 

QUITCLAIM DEED & EASEMENTS – NEW LANDFILL GAS PIPELINE

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

 

WHEREAS, the City’s proposed landfill gas pipeline that will connect the gas collection system at the Landfill to the power generation facility at the Wastewater Treatment Plant site is to be installed on property not owned by the City of Midland; and

WHEREAS, the proposed pipeline route begins at the City’s Landfill site, passes southwardly along an existing pipe corridor owned by The Dow Chemical Company, then westwardly along the City’s non-motorized trail in the green belt at Patrick Road, where the route passes south along the west boundary of the Case System’s property on James Savage Road to the City’s Wastewater Treatment Plant site; and

WHEREAS, a quitclaim deed will be provided from Dow for a portion of the existing pipe corridor properties that will give ownership to the City for its use; and

WHEREAS, easements will be provided by Dow and Case Systems for numerous parcels along the proposed pipeline route; and

WHEREAS, upon receipt of a quitclaim deed and two easements, the City will have the necessary access for the installation of its new landfill gas pipeline to carry gas from the Landfill site to the City’s electric generating facility at the Wastewater Treatment Plant site; now therefore

RESOLVED, that the City of Midland authorizes the Mayor and City Clerk to execute a quitclaim deed and a property easement from The Dow Chemical Company, and a property easement from Case Systems, Inc. for access and use by the City for the installation of its new landfill gas pipeline to carry gas from the Landfill site to the City’s electric generating facility at the Wastewater Treatment Plant site, subject to document approval by the City Attorney.  (Motion ADOPTED.)

 

POTENTIAL CLOSURE OF ASHMAN STREET POST OFFICE

Downtown Development Authority Executive Director Selina Tisdale presented a resolution opposing the potential closure of the Ashman Street Post Office and encouraging the U.S. Postal Service to maintain the downtown post office in its current location.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Adams:

 

WHEREAS, the United States Postal Service has provided outstanding service to the Midland community for nearly 25 years through its location at 144 Ashman Street in Downtown Midland; and

WHEREAS, the businesses and property owners in Downtown Midland, along with the hundreds of customers visiting downtown, use this location as a quick and easy way to conduct their postal business; and

WHEREAS, many customers use the Ashman Street Post Office location to avoid the congestion and confusion found at the Rodd Street Post Office and to conduct their business mailings quickly and easily through the ease of access and fast, friendly service provided at this location; and

WHEREAS, Downtown Midland made provisions in its streetscape plan for temporary and recessed parking immediately adjacent to the Ashman Street Post Office specifically to accommodate this facility; and

WHEREAS, on  December 9, 2009, the Midland Downtown Development Authority passed a resolution opposing the potential closure of the Ashman Street Post Office and requested the assistance of post office customers and other local government entities in showing similar support; now therefore

RESOLVED, that the Midland City Council joins with other businesses and community members in encouraging the United States Postal Service to continue to operate the Ashman Street Post Office in Downtown Midland and reconsider its potential closure.  (Motion ADOPTED.)

 

WALK AGAINST HUNGER EVENT

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

 

RESOLVED, that the request from Maeghen Carter, on behalf of the H. H. Dow High Student Union, to hold a charity event called Walk Against Hunger on Saturday, February 6, 2010, from 10:00 a.m. – 1:00 p.m., utilizing the Rail Trail and charging an entry fee, is hereby approved subject to the following conditions:

  • Walkers must obey all applicable traffic laws if crossing City streets.
  • Use of the Rail Trail is not exclusive and there may be other people utilizing the area.
  • Under Section 16.17 of the City’s Code of Ordinances, it is unlawful to post handbills on or to any public or private structure, tree or pole in the city.  It is also unlawful to place handbills in or upon any vehicle.  Littering is also prohibited.
  • The restrooms in Emerson Park will be closed for the season.
  • The trail system in the park does get plowed, but it does not get salted so ice/slippery conditions may exist and participants should exercise caution while walking.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,401 gallons of diesel fuel from Karbowski Oil of Bay City, Michigan for $28,603.09 executed by the Purchasing Agent on January 13, 2010, is hereby approved.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk