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.
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Councilmen present: |
Thomas Adams, Maureen Donker, Scott Gaynor, Bruce
Johnson |
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Councilmen absent: |
Marty Wazbinski |
Approval of the minutes of the January 11, 2010 regular meeting was
offered by Councilman Adams and seconded by Councilman Gaynor. (Motion ADOPTED.)
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.
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.)
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.)
No public comments were made.
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.)
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.)
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.)
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:
; 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.)
No action taken, withdrawn by petitioner.
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.)
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.)
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.)
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.)
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.)
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:
;and
RESOLVED
FURTHER, that the
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