REGULAR MEETING OF THE MIDLAND CITY COUNCIL

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

June 12, 2006 7:00 p.m.

AGENDA

CALL TO ORDER – Bruce A. Johnson, Mayor

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL - Thomas W. Adams

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.

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

APPROVAL OF MINUTES:

* 1. Approve minutes of May 22 regular, May 30 and June 1 special City Council meetings. TISDALE

PROCLAMATIONS, AWARDS, RECOGNITIONS, PRESENTATIONS:

* 2. Dot Hornsby Day – June 16. RICHART

3. Amateur Radio Week – June 18 – 25. RICHART

4. Recognition of Warrant Officer Marc Purtell as 2005 Police Officer of the Year. ST. LOUIS

PUBLIC HEARINGS:

5. Zoning Petition No. 530 to rezone property at 4203 E. Ashman Street from Industrial A zoning to Residential B zoning (Also see material sent in May 8 agenda packet). LYNCH

6. Conditional Use Permit No. 22 to allow a single family dwelling in an Office Service zone at 416 George Street (Also see material sent in May 22 agenda packet). LYNCH

7. Request from The Dow Chemical Company for an Industrial Facilities Exemption Certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 (Also see material sent in May 22 agenda packet): DUFORD

a. Relating to facility upgrades to both real and personal property within the 438 and 354 Buildings.

b. Relating to building additions and modifications and the purchase of personal property for a Dow Automotive performance center project linked to Project Daytona.

c. Relating to a building addition and the purchase of real property for a DowPharma project.

8. Request from Dow Agrosciences LLC for an Industrial Facilities Exemption Certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to both real and personal property at the 680 and 1000 Buildings at Michigan Operations (Also see material sent in May 22 agenda packet). DUFORD

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

ORDINANCE AMENDMENTS:

9. Introduction and first reading of an amendment to Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances – water rates. BUSH

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

RESOLUTIONS:

11. Approving items requested by the Michigan Baseball Foundation to support the new stadium and minor league baseball team: LYNCH

a. Setting a public hearing to transfer street funds to make improvements necessary to support the stadium currently under construction (6/26).

b. Appointing Marty McGuire as the City of Midland’s representative on the Michigan Baseball Foundation.

12. Approving Site Plans: LYNCH

* a. No. 252 for Feeny Chrysler to construct a 13, 347 sq. ft. addition at 7400 Eastman Avenue on 7.13 acres.

* b. No. 253 for Members First Credit Union to construct a 22,173 sq. ft. addition at 600 W. Wackerly Street on 3.11 acres.

* 13. Approving a one-year time extension for the Tentative Approval of the Preliminary Plat of Rolling Meadows Estates No. 1, a residential subdivision of 31 lots on 12.79 acres located west of Dublin Avenue and north of Countryside Drive. LYNCH

14. Approving the levy of taxes for the July 2006 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

* 15. Approving the levy of taxes for the July 2006 tax roll for special assessments and accounts receivable. DUFORD

* 16. Authorizing the City Attorney to settle claims made against the City in an amount not to exceed $5,000 per claim and authorizing the City Attorney and City Manager to jointly settle claims made against the City in an amount not to exceed $20,000 per claim. BRANSON

* 17. Accepting two Sidewalk Construction Agreements which allow the property owners to construct their own sidewalks in the 2006 Sidewalk Improvement Program. MCMANUS

* 18. Receiving and filing the 2005 Annual Drinking Water Quality Report. BUSH

19. Receiving and filing the report prepared by CTI & Assoc. on the Gas to Energy Feasibility Study for the City of Midland Landfill. BUSH

* 20. Recommending approval of the request from Decanters for a New Micro Brewer License to be held in conjunction with their Small Wine Maker License located at 1804 W. Wackerly Rd. DUSO

* 21. Recommending approval of the request from Pizza Sam for new Outdoor Service in the public right of way in conjunction with their Class C liquor license. DUSO

22. Municipal Employee Retirement System (MERS) Retiree Health Funding: KEENAN

* a. Adopting the MERS Retiree Health Funding Vehicle for the City of Midland’s Post Employment Health Care Benefits

* b. Dissolving the City of Midland’s Post Employment Health Care Board of Trustees

* 23. Authorizing staff to seek Local Bridge program funding for Airport Road over Sturgeon Creek Bridge. MCMANUS

* 24. Accepting a License Agreement between the City of Midland and The Dow Chemical Company for the installation and maintenance of the Grand Curve Trail on Dow property. MCMANUS

25. Considering purchases and contracts:

* a. 2006 State Drain Storm Sewer Outlet Repairs; Contract No. 13. MCMANUS

* b. 2006 Salzburg Water Main Replacement; Contract No. 11. MCMANUS

* c. MDOT Contract No. 06-5179, Bike Path, Jefferson Avenue to Midland Mall. MCMANUS

d. Barstow Airport Runway 18/36 Rehabilitation: MCMANUS

* 1. MDOT Contract No. 2006-0399

* 2. MDOT Construction Contract No. FM 56-1-C37

* 3. Amendment to the Professional Services Agreement

* e. Calcium Oxide – Water Treatment Plant. BUSH

* f. Ferric Chloride – Water and Wastewater Treatment Plants. BUSH

* g. Book ordering and book processing services. BARNARD

* h. Payment to Miller, Canfield, Paddock & Stone, PLC for legal services relating to dioxin and related issues. BRANSON

* i. Golf Course Chemicals. IRELAND

* j. Iceless Skating Rink. O’CALLAGHAN

26. Setting a public hearing:

* a. Accepting the Special Assessment Roll for the 2006 Sidewalk Improvement Special Assessment District and setting a public hearing on the Roll (7/10). DUFORD

* b. Conditional Use Permit No. 21 to allow Verizon Wireless to place a 140’ tall monopole cellular tower on Elisenal north of Home Depot (6/26). 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