REGULAR MEETING OF THE MIDLAND CITY COUNCIL

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

October 25, 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

WELCOME AND INTRODUCTION OF DELEGATION FROM MIDLAND’S SISTER CITY, ZIGONG, CHINA

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 October 11 regular City Council meeting. TISDALE

PROCLAMATIONS, AWARDS, RECOGNITIONS, PRESENTATIONS:

2. Update on the Budget Priorities Community Roundtable Discussions and resolution receiving and filing report. TISDALE

PUBLIC HEARINGS:

3. Final Draft of a new Zoning Ordinance, including a Zoning District Map, regulating the development and use of land within the City of Midland (Also see material sent in September 27 agenda packet). LYNCH

4. The Dow Chemical Company Brownfield Redevelopment Plan No. 3 (Also see material sent in September 27 agenda packet). DUSO

5. Request from The Dow Chemical Company for an Industrial Facilities Exemption Certificate within the Saran Saphire II Plant Rehabilitation District No. 1 (Also see material sent in October 11 agenda packet). DUFORD

6. Amendment of the 2004-05 Equipment Revolving Fund budget to recognize an unanticipated expenditure for replacement of a golf course mower and a Landfill bulldozer (Also see material sent in October 11 agenda packet). MCGUIRE

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

RESOLUTIONS:

7. Approving a one-year time extension for the final approval of the preliminary plat of Tri City Commerce Park, a commercial/industrial subdivision of 35 lots on 46.56 acres between Bay City Road and Fisher Road west of the US-10 expressway. LYNCH

8. Giving tentative approval of the preliminary plat of Scenic Estates No. 7, a residential subdivision of 29 lots on 15 acres east of Jefferson Avenue and south of Wackerly Street. LYNCH

* 9. Extending the “Three Free” fee waiver for yard waste collection through the leaf collection program. MCGUIRE

10. Making Traffic Control Orders permanent: MCMANUS

* a. P-04-14 – that stopping, standing, and parking shall be prohibited within 100’ of the Drake Street and Dilloway Drive intersection from 8:00 a.m. to 4:00 p.m. on school days.

* b. P-04-22 – that a passenger bus loading zone shall be established on the west side of Ronan Street from 335’ north of Cambridge Street to 385’ north of Cambridge Street.

* c. R-04-03 – that “No Left Turn” control for vehicular traffic from the Woodcrest School’s northerly drive exit to southbound Drake Street be established for school days only from 8:15 a.m. to 9:00 a.m. and from 3:15 p.m. to 4:00 p.m.

* d. R-04-04 – that “No Right Turn when Crossing Guard on street” control for westbound Dilloway Drive at Eastman Avenue be established.

* 11. Receiving and filing the 2003-04 Cable Access Advisory Commission Annual Report. BEACOM

12. Considering purchases and contracts:

* a. Digester Tank Cleaning. BUSH

* b. 2004 Sidewalk Improvement Program; Change Order #4. MCMANUS

* c. 2004 Rockwell Drive Reconstruction; Change Order #1 for pavement repairs on Stratford Woods Drive. MCMANUS

* d. Civic Arena Contract; Change Order #001. MCGUIRE

* e. Increase amount of purchase order to Bell Equipment Co. for maintenance and repair parts for refuse trucks and street sweepers. MCGUIRE

* f. Ashman Corridor Streetscape Design. O’CALLAGHAN

* g. Payment to Miller, Canfield, Paddock & Stone for contracted legal services in connection with The Dow Chemical Company and Dow Corning Corporation’s appeals to the Michigan Tax Tribunal. BRANSON

* h. Payment to Max Derbes & Assoc. and Baker & O’Brien for contracted appraisal services in connection with The Dow Chemical Company and Dow Corning Corporation’s appeals to the Michigan Tax Tribunal. BRANSON

* i. Payment to Pilko & Assoc., Inc. for environmental management consulting services in connection with The Dow Chemical Company and Dow Corning Corporation’s appeals to the Michigan Tax Tribunal. BRANSON

* j. Payment to Kitch, Drutchas, Wagner, DeNardis & Valitutti for legal services in connection with the cable franchise fee lawsuit. BRANSON

13. Setting public hearings:

* a. Zoning Petition No. 513 – to rezone property at 5512 W. Wackerly Street west of Dublin Avenue on the north side of W. Wackerly Street from Office Service-2 to Business C (11/22). LYNCH

* b. Amendment to General Fund 2004-05 budget to recognize State Grant reimbursements for contracted personal property auditor costs and related expenditures (11/8). DUFORD

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