REGULAR MEETING OF THE MIDLAND CITY COUNCIL

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

June 13, 2005 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

Information on each agenda item is available by clicking on the number of the item.

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 May 23 special and regular and June 1 special City Council meetings. TISDALE

PROCLAMATIONS, AWARDS, RECOGNITIONS, PRESENTATIONS:

2. Amateur Radio Week – June 19 – 26. RICHART

PUBLIC HEARINGS:

3. Zoning Petition No. 519 – to rezone property at 31 Cheryl Drive from Township Zoning to Residential A-1 (Also see material sent in May 9 agenda packet.) LYNCH

4. Zoning Petition No. 521 – to rezone property at 221 W. Wackerly St. located off W. Wackerly St., north and east of Northgate Dr. from Office Service to Community Commercial (Also see material sent in May 9 agenda packet.) LYNCH

5. Request to vacate E. Ellsworth St. from Haley St. to Third St. and to vacate Lyon St. from E. Ellsworth St. to Buttles St. (Also see material sent in May 9 agenda packet.) LYNCH

6. Amendment to the 2004-05 Major Street Fund budget to increase expenditures by $100,000 to provide additional funding for the Ashman Street Reconstruction project (Also see material sent in May 23 agenda packet.) MCMANUS

7. Amendment to the 2004-05 General Fund budget to recognize grants from the Michigan State Police Office of Highway Safety Planning (Also see material sent in May 23 agenda packet.): ST. LOUIS

a. Increase revenues in the amount of $44,760 for reimbursement of overtime wages for officers during the “Summer Enforcement” campaign and to increase expenditures accordingly.

b. Increase revenues in the amount of $25,000 for the creation and organization of the “Traffic Enforcement Association of Michigan” and to increase expenditures accordingly.

c. Increase revenues in the amount of $1,000 to recognize a “MACP Award Grant” for the purchase of traffic accident investigation equipment and to increase expenditures accordingly.

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

ORDINANCE AMENDMENTS:

8. Introduction and first reading of an amendment to Sec. 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances – sewer rates. BUSH

RESOLUTIONS:

9. Approving Conditional Use Permit No. 15, with conditions, for a commercial parking lot at 425 Waldo Avenue (Public hearing was held on May 23, 2005; action was tabled until June 13, 2005). LYNCH

* 10. Approving a two-year time extension for the Final Approval of the Preliminary Plat of Countryside Estates Phase Two, a residential subdivision of 28 lots on 14.69 acres west of Dublin Avenue and south of Countryside Drive. LYNCH

* 11. Approving the purchase agreement for the sale of a house at 322 E. Haley Street. LYNCH

12. Making Traffic Control Orders permanent: MCMANUS

* a. S-05-02 – that Merlin Court shall stop for Northgate Drive.

* b. S-05-03 – that Dover Court shall stop for Northgate Drive.

* 13. Seeking Local Bridge Federal and State participation in the structural rehabilitation of Airport Road over Sturgeon Creek. MCMANUS

* 14. Accepting proposal from the Michigan Municipal League for property and liability insurance for the 2005-06 fiscal year. KEENAN

* 15. Receiving and filing the 2004 Annual Drinking Water Quality Report. BUSH

* 16. Approving the proposed 2005-06 Saginaw-Midland Municipal Water Supply Corporation budget for the Capital Improvement and Emergency Repair Fund. BUSH

17. Approving the levy of taxes for the July 2005 tax roll: DUFORD

* a. Midland Public Schools

* b. Midland County Educational Service Agency

* c. Bay City Public Schools

* d. Bay-Arenac Intermediate Schools

* e. Delta College

* 18. Approving the levy of taxes for the July 2005 tax roll for special assessments and accounts receivable. DUFORD

19. Accepting Rob Donovan’s resignation from the Parks and Recreation Commission and appointing a replacement. MCGUIRE

* 20. Accepting a Sidewalk Construction Agreement which allows the property owner to construct their own sidewalks in the 2005 Sidewalk Improvement Program. MCMANUS

21. Considering special event requests: DUSO

* a. MichiTario Fireworks Display – July 9.

* b. Youth Artists Market – July 21.

* c. Gold Wing Road Riders Association Fireworks Display – August 6.

22. Considering purchases and contracts:

a. Airport Road Extension Project:

* 1. Payment to Midland County Road Commission for land purchase. MCMANUS

* 2. Payment to Miller, Canfield, Paddock, & Stone, PLC for contracted legal services. BRANSON

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

* c. Police Officers Labor Council/Midland Police Command Group Labor Contract. WHITTINGTON

* d. Senior Housing Health Care Services Contract. LYNCH

* e. Calcium Oxide. BUSH

* f. Ferric Chloride. BUSH

* g. Mechanical Joint Fittings. BUSH

* h. Rubber Tire Excavator. MCGUIRE

* i. Articulated Sweeper. MCGUIRE

23. Setting a public hearing:

* a. Conditional Use Permit No. 16 – construction of a wireless communications facility at Central Middle School property located at 305 E. Reardon Street (6/27). LYNCH

* b. Conditional Use Permit No. 17 – construction of a wireless communications facility at Northeast Middle School property located at 1305 E. Sugnet Road (6/27). LYNCH

* c. Establishment of an Industrial Development District on a request from the Apothecary Shoppe Pharmacies, LLC, located at 304 W. Wackerly Street (6/27). DUFORD

* d. Accepting the Special Assessment Roll for the 2005 Sidewalk Improvement Special Assessment District and setting a public hearing on the Roll (7/11). DUFORD

24. Adjourning to a closed session to discuss pending litigation, specifically Midland Cogeneration Venture vs. City of Midland. BRANSON

NEW BUSINESS:

25. Scheduling a special meeting to interview and make appointment to the Board of Review. BLACK

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