REGULAR MEETING OF THE MIDLAND CITY COUNCIL

City Hall, 333 W. Ellsworth Street, Midland, Michigan

April 12, 2004 7:00 p.m.

AGENDA

CALL TO ORDER - R. Drummond Black, Mayor

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL - R. Drummond Black

Bruce A. Johnson

Hollis H. McKeag

James S. Myers

Joseph M. Rokosz

CONSIDERATION OF ADOPTING CONSENT AGENDA ITEMS:

All resolutions marked with an asterisk are considered to be routine and will be enacted by one motion. There will be no separate consideration of these items unless a Council member or citizen so requests during the discussion stage of the “Motion to adopt the Consent Agenda as indicated”. If there is even a single request the item will be removed from the consent agenda without further motion and considered in its listed sequence in regular fashion.

APPROVAL OF MINUTES:

* 1. Approve minutes of March 22 special and regular City Council meetings. TISDALE

PUBLIC HEARINGS:

2. Zoning Petition No. 506 to rezone property at 4710 Eastman Avenue from Office Service 2 to Business B-1 (Also see material sent in March 22 agenda packet). LYNCH

3. Amendment to the 2003-04 Downtown Development Authority budget to provide funding for seasonal labor and landscape materials for the 2004 spring planting season (Also see material sent in March 22 agenda packet). KEENAN

PUBLIC COMMENTS, IF ANY, BEFORE CITY COUNCIL. (Please sign up before meeting with City Clerk)

RESOLUTIONS:

4. Presenting the City Manager’s Proposed 2004/05 Budget and setting two public hearings on the budget (4/26 and 5/10). FISHER

5. Authorizing the City Clerk to publish a notice of intent to issue general obligation bonds for the purpose of financing a portion of the cost of construction and equipping a new Civic Arena. FISHER

6. Approving the final plat of Oakbrook Estates East, a residential subdivision of 6 lots on 6.48 acres located east of Jefferson Avenue east on Oakbrook Drive. LYNCH

* 7. Making Traffic Control Order No. S-03-13 permanent – that Robinhood Terrace shall stop for Sugnet Road. MCMANUS

* 8. Accepting an Easement Agreement from The Dow Chemical Company for the installation of a new 36” sanitary sewer and an existing 72” sewer across property owned by Dow Chemical. MCMANUS

* 9. Accepting an Easement for Gas Pipeline from Consumers Energy for placement of a gas mainline on City property west of Eastman Avenue between Joe Mann Boulevard and Commerce Drive. MCMANUS

* 10. Accepting four new streets into the City of Midland Local Street System. MCMANUS

* 11. Referring to the Planning Commission for consideration and recommendation a request to change the name of Diamond Drive to Soccer Drive on that segment from Jefferson Avenue to the intersection of the new Joseph Drive extension. LYNCH

* 12. Authorizing transfer of budgetary funding for legal services incurred regarding miscellaneous tax appeal cases and payment to Miller, Canfield, Paddock & Stone for contracted legal services relating to the City’s defense in the Meijer tax appeal. BRANSON

13. Receiving staff report on the 2004 Midland Gun Show. BRANSON

14. Considering purchases and contracts:

* a. 2004 Surface Treatment Program; Contract No. 4. MCMANUS

* b. 2004 Ashman Water Main Under US-10; Contract No. 11. MCMANUS

* c. 2004 Water Main Replacement Program; Contract No. 12. MCMANUS

* d. 2004 Eastman Curb & Sidewalk; Contract No. 21. MCMANUS

e. Sprayground. MCGUIRE

f. Bicycle Motocross Track. MCGUIRE

* g. Sixth Amendment to City of Midland Sanitary Landfill Letter of Credit Agreement with Chemical Bank & Trust. BUSH

* h. Fuel Storage System Upgrade - Landfill. BUSH

* i. Payment to Miller, Canfield, Paddock & Stone for contracted legal services relating to the City’s defense in the Dow Corning Corp.’s and The Dow Chemical Co.’s appeals to the Michigan Tax Tribunal. BRANSON

15. Setting public hearings:

* a. Request from Case Systems, Inc. for an industrial facilities exemption certificate within the Case Systems, Inc. Plant Rehabilitation District relating to both real and personal property (4/26). DUFORD

* b. 2004 Sidewalk Improvement Program Hearing of Necessity (5/10). MCMANUS

* c. Amendment to the General Fund budget to increase revenues from an airport construction project refund (4/26). MCMANUS

* d. Amendment to the 2003-04 General Fund budget to recognize revenue awarded from the Federal Emergency Management Agency’s, U.S. Fire Administration, 2003 Assistance to Fire Fighters Grant Program (4/26). GARCIA

* e. 2004-05 Community Development Block Grant budget (4/26). LYNCH

* f. Zoning Petition No. 507 to rezone property at 7501 Perrine Road, west of Perrine Road and Letts Street intersection, from Township Zoning to Residential A-1 (5/10). LYNCH

* g. Zoning Petition No. 508 to rezone property at 6700 N. Saginaw Rd., the northeast corner of the intersection of N. Saginaw Rd. and Stark Rd., from Township Zoning to Business B-2 (5/10). LYNCH

* h. Zoning Petition No. 509 to rezone property at 4208 E. Wheeler St., east of Waldo Avenue, south side of E. Wheeler St. intersection, from Township Zoning to Agricultural (5/10). LYNCH

* i. Zoning Petition No. 510 to rezone property at 7505 Perrine Road, west of Perrine Road and Letts Street intersection, from Township Zoning to Residential A-1 (5/10). LYNCH

* j. Zoning Petition No. 511 to rezone property at 7221 Jefferson Avenue, west side of Jefferson Avenue and north of Joe Mann Boulevard, from Township Zoning to Residential B (5/10). LYNCH

NEW BUSINESS:

TO CONTACT THE CITY WITH QUESTIONS OR FOR ADDITIONAL INFORMATION:

Citizen Comment Line: 837-3400

City of Midland website address: www.midland-mi.org

City of Midland email address: cityhall@midland-mi.org

Government Information Center: located near the reference desk at the Grace A. Dow Memorial Library