June 14, 2004

 

A regular meeting of the City Council was held on Monday, June 14, 2004, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

Bruce Johnson

 

MINUTES

Approval of the minutes of the May 17, 2004 special and regular, May 20, 2004 special, and June 3, 2004 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

AMATEUR RADIO WEEK

Communications Coordinator Libby Richart presented information on Amateur Radio Week and introduced John McDonough.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 20-27, 2004, as Amateur Radio Week in Midland.  (Motion ADOPTED.)  Mayor Black presented the proclamation to John McDonough.

 

PARKS AND RECREATION MASTER PLAN

Director of Public Services Martin McGuire presented the Parks and Recreation Master Plan.  A public hearing was opened at 7:14 p.m., no comments were made, the hearing closed at 7:15 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the City of Midland, Midland County, State of Michigan, Parks and Recreation Commission, has developed a Parks and Recreation Master Plan under the authority of Parts 19, 703, and 716 of PA 451 of 1994, as amended; and

WHEREAS, the City of Midland, State of Michigan, envisions the Parks and Recreation Master Plan to be used as a guide for meeting the recreation needs of the City of Midland; and

WHEREAS, a four-hour community input workshop on the Parks and Recreation Master Plan was held by the Parks and Recreation Commission on November 4, 2003 at the Midland City Hall; and

WHEREAS, the City of Midland Parks and Recreation Commission at the April 6, 2004 Regular Meeting approved recommendation of adoption of the Parks and Recreation Master Plan to the City Council; and

WHEREAS, the City Council of the City of Midland at the June 14, 2004 Public Hearing received public input on the Master Plan; now therefore

RESOLVED, the City Council of the City of Midland formally adopts the Parks and Recreation Master Plan.  (Motion ADOPTED.)

 

STREET NAME CHANGE – DIAMOND DRIVE TO SOCCER DRIVE

Assistant City Manager Jon Lynch presented information on a request from the Midland Soccer Club 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.  A public hearing was opened at 7:22 p.m. Terry Blalock, 606 Cherry Street, spoke in favor of the name change.  The hearing closed at 7:24 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the proposed street name change of Diamond Drive to Soccer Drive on that segment from Jefferson Avenue to the intersection of the new Joseph Drive extension; and

WHEREAS, a public hearing has been held on the proposed name change, in accord with Sections 22-59 and 22-60 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that effective July 1, 2004, the City Council hereby changes the name of Diamond Drive to Soccer Drive; and

RESOLVED FURTHER, that the City Clerk is directed to forward to the Auditor General a certified copy of this resolution and shall record the same with the Register of Deeds of Midland County, Michigan.  (Motion ADOPTED.)

 

2003-04 GENERAL FUND BUDGET AMENDMENT – LOCAL LAW ENFORCEMENT BLOCK GRANT

Chief of Police James St. Louis presented information on an amendment to the 2003-04 General Fund budget to receive funding from the Local Law Enforcement Block Grant.  A public hearing was opened at 7:26 p.m., no comments were made, the hearing closed at 7:26 p.m. The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, that 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, June 14, 2004 on the proposal to amend the 2003-04 General Fund Budget to recognize the receiving of a Local Law Enforcement Block Grant from the U.S. Department of Justice, Bureau of Assistance for the purpose of purchasing public safety equipment for the Midland Police Department; now therefore

RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $11,923.00 to recognize the Local Law Enforcement Block Grant from the U.S. Department of Justice, Bureau of Assistance and to increase expenses by $11,923.00 to recognize the expense related to the purchase of public safety equipment by the Midland Police Department.  (Motion ADOPTED.)

 

PURCHASE OF FOUR DIGITAL IN-CAR VIDEO SYSTEMS

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on June 1, 2004 bids were received for the purchase of four (4) In-Car Video Systems and accompanying accessories; and

WHEREAS, Kustom Signals, Inc. submitted the bid matching all requirements requested in the bid; and

WHEREAS, the bid submitted is within the budget for purchasing the specified equipment; now therefore

RESOLVED, that the City Council authorizes the Purchasing Agent to issue a Purchase Order in the amount of $24,882.50 to Kustom Signals, Inc. for purchase of the required equipment.  (Motion ADOPTED.)

 

2003-04 GENERAL FUND BUDGET AMENDMENT – DNA SAMPLE KITS

Chief of Police James St. Louis presented information on an amendment to the 2003-04 General Fund budget to increase revenues to recognize grants and to increase Police Department expenditures for purchase of DNA Sample Kits.  A public hearing was opened at 7:28 p.m., no comments were made, the hearing closed at 7:29 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, that 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, June 14, 2004 on the  proposal to amend the 2003-04 General Fund Budget to recognize the receiving of a grant from the Midland Area Community Foundation in the amount of $12,323.00 and a grant from the Midland County Child Protection Council in the amount of $1,000.00 for the purpose of funding the DNA Sample Kit project; now therefore

RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $13,323.00 to recognize the grants received  from the Midland Area Community Foundation and the Midland County Child Protection Council and to increase expenses by $13,323.00 to recognize the expense related to the purchase of DNA Sample Kits by the Midland Police Department.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Paula Jurado, 4623 Washington Street, offered suggestions for the interview process for boards and commissions candidates.  She asked that a representative of the respective boards and commissions be allowed to participate in the interviews and that the selection time be changed so it doesn’t conflict with the budget adoption schedule.

 

CITY OF MIDLAND WATER AND SEWER ORDINANCES

Director of Utilities Noel Bush presented information on an amendment to the City of Midland Water and Sewer Ordinances.  The following two ordinance amendments were then presented for consideration.

 

AMENDMENT TO WATER ORDINANCE – (1ST READING)

Introduction and first reading of the following amendment to the Water Ordinance was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-52. Filtered water rate generally.

The city's methodology of adjusting water rates shall be in accordance with the cost of service water and sewer rate study prepared by the city's consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in section 28-2 of this chapter.

All filtered water bills shall be calculated according to the following:

(1)               For each one thousand (1,000) gallons used per quarter: $1.00          $1.03

In addition to the rate set forth in this section for the use of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

Metered Service

Amount

AMOUNT

     5/8" – ¾"

$27.00

$27.42

1"

35.10

35.65

1 – ½"

43.20

43.87

2"

70.20

71.29

3"

270.00

274.20

4"

351.00

356.46

6"

513.00

520.98

8"

729.00

740.34

(2)        Gross rates shall be ten (10) percent greater than the above schedule of rates and shall be charged for water service paid for after the date shown on the bills.

(Ord. No. 1513, § 1, 7-23-01)

Section 2.    This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 


AMENDMENT TO SEWER ORDINANCE – (1st READING)

Introduction and first reading of the following amendment to the Sewer Ordinance was offered by Councilman Rokosz and seconded by Councilman Myers:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1.  Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The city's methodology of adjusting sewer rates shall be in accordance with the cost of service water and sewer rate study prepared by the city’s consultant, presented to and approved by the council in 1993 and shall be in conformity with the findings set forth in Section 28-4 of this chapter.

The charges for sewer service shall be calculated according to the following schedule:

(1)               There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

Metered Service

Amount

AMOUNT

     5/8" – ¾"

$29.62

$31.08

1"

38.51

        40.40

1 – ½"

47.39

        49.73

2"

77.10

        80.81

3"

296.20

      310.80

4"

385.60

      404.04

6"

562.78

      590.52

8"

799.74

      839.16

(2)               In addition to the readiness-to-serve charge set forth in subsection (1) of this section, there will be an additional charge for sewer service, which will be calculated as follows:

For each 1,000 gallons of water used per quarter:       $1.37               $1.44

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewer services in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2.    This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

REVISED CONSTRUCTION PRIORITIES LIST

City Engineer Brian McManus presented information on the deletion of the Nurmi Drive street improvement project from the Engineering Priorities List.  Bill Walser, 5206 Nurmi Drive, asked if drainage ditches could be cleaned out.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS,  a neighborhood meeting was held with residents on Nurmi Drive to discuss the reconstruction and paving of their street and residents voted not to improve the street at this time by a closed ballot; now therefore

RESOLVED, that City Council hereby approves revising the Construction Projects Priority list to remove the Nurmi Drive street improvement project.  (Motion ADOPTED.)

 


2004 SIDEWALK CONSTRUCTION AGREEMENTS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, On May 10, 2004, City Council granted property owners in the 2004 Sidewalk Improvement Program the option of installing their own sidewalks upon submission of a legal agreement acceptable to the City Attorney; and

WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement to be used for said purpose which states that the sidewalk must be constructed by no later than July 31, 2004; and

WHEREAS, the City Engineering Department has received Sidewalk Construction Agreements from property owners desiring to install their own walk across the parcels listed below:

PARCEL CODE

OWNER

 

11-33-40-100

EARL D. BENNETT CONSTRUCTION

11-33-40-200

EARL D. BENNETT CONSTRUCTION

11-33-40-300

EARL D. BENNETT CONSTRUCTION

11-33-40-500

MIDLAND CINEMAS, INC.

11-33-60-120

MIDLAND PLACE ASSOCIATES, LLC

11-33-60-124

MIDLAND PLACE ASSOCIATES, LLC

11-34-60-100

PNACEK LIMITED CORPORATION

; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign the Sidewalk Construction Agreement prepared by the City Attorney for parcels in the 2004 Sidewalk Improvement Program.  (Motion ADOPTED.)

 

AIRPORT ROAD EXTENSION PROJECT – PURCHASE ROAD RIGHT OF WAY

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a report has been received from the City Engineer indicating that the right of way purchasing agent for the Airport Road Extension Project has executed a purchase agreement with Dryer Brothers Construction Company for land purchase; and

WHEREAS, the City of Midland and the Midland County Road Commission have previously agreed to jointly pursue the Airport Road Extension Project by entering into the “AGREEMENT BETWEEN THE MIDLAND COUNTY ROAD COMMISSION AND THE CITY OF MIDLAND REGARDING THE EXTENSION OF AIRPORT ROAD”; and

WHEREAS, the City of Midland is responsible for land acquisition costs in accordance with said agreement; now therefore 

RESOLVED,  that the City Manager is authorized to pay the Midland County Road Commission an amount up to $27,000 of County Road Millage Funds to acquire land from Dryer Brothers Construction Company and for associated closing costs.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR WATER MAIN REPLACEMENT ON BAY CITY ROAD

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the attached Easement Agreement between the City of Midland and Shasta Realty Corporation for installation and maintenance of a new water main along the south side of Bay City Road in Section 23, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan, is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 


ALDEN B. DOW HOME & STUDIO DIRECTIONAL SIGN PLACEMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a request has been submitted to the City of Midland by the Alden B. Dow Home and Studio, an architectural national landmark, to permit placement of a directional guide sign within the City right-of-way on W. Main Street; and

WHEREAS, the Michigan Department of Transportation, MDOT, has approved a permit for and will install a series of related directional guide signs on the US-10 B.R. and M-20 state trunk lines; and

WHEREAS, the requestor desires an additional directional guide sign within City jurisdiction to further identify the destination route; and

WHEREAS, the installation of this directional guide sign serves public or civic interest; now therefore

RESOLVED, that City Council approves the placement of a directional guide sign to the Alden B. Dow Home and Studio on W. Main Street in the best interest of the City.  (Motion ADOPTED.)

 

ROAD MILLAGE PROPOSAL INFORMATIONAL BROCHURE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on May 4, 2004 the Midland County Road Commission submitted a request to the Midland County Board of Commissioners to place a proposal on the November 2, 2004 General Election ballot to renew the 1 mill road millage for four years beginning in 2005; and

WHEREAS, the Midland County Board of Commissioners approved the road millage proposal language and placed the proposal on the November 2, 2004 General Election ballot; and

WHEREAS, past City Councils have authorized the city administration to produce and distribute an informational brochure on previous road millage ballot proposals; and

WHEREAS, the Midland County Road Commission has expressed its intent to share in the costs of the production and distribution of said brochure; now therefore

RESOLVED, that the city administration is hereby authorized and instructed to prepare and distribute an informational brochure regarding the road millage proposal on the November 2, 2004 General Election ballot, and the Director of Fiscal Services is hereby authorized to invoice the Midland County Road Commission for its share of the brochure expenses.  (Motion ADOPTED.)

 

BOARDS AND COMMISSIONS ATTENDANCE POLICY

Assistant City Manager Jack Duso presented information on the City of Midland Boards and Commissions Attendance Policy.  City Council directed City Administration to prepare a revised ordinance that appropriately addresses attendance for those boards and commissions that meet on a quarterly basis and reduce the number of excused absences for those boards and commissions that meet more often than quarterly.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, attendance at meetings of boards and commissions by their members is a critical success factor in providing the citizens of Midland and the City Council with recommendations or adjudications as the case may be; and

WHEREAS, Section 2-243 of the Code of Ordinances addresses the regular attendance by members of boards and commissions; and

WHEREAS, in order to implement Section 2-243 of the Code of Ordinances it is necessary for the City Council to adopt a consistent policy for all boards and commissions to follow; now therefore


RESOLVED, that the City of Midland Boards and Commissions Attendance Policy is hereby adopted and the City Manager is hereby directed to take the necessary steps to communicate this policy to all of the City of Midland’s boards and commissions.  (Motion ADOPTED.  Yeas:  Black, McKeag, Myers   Nays:  Rokosz)

 

CABLE ACCESS ADVISORY COMMISSION –POSITION VACATED

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland’s Cable Access Advisory Commission has reviewed the City of Midland’s Code of Ordinances, Section 2-243:  “Regular attendance by members of boards and commissions” in relation to the absences of Commissioner Alex Berehula; and

WHEREAS, that the Cable Access Advisory Commission has recommended to City Council that Commissioner Alex Berehula’s position be considered vacant; and

WHEREAS, that the Cable Access Advisory Commission has recommended to City Council that an MCTV access user be appointed to fill the remainder of Mr. Berehula’s term ending in June 2006; now therefore,

RESOLVED, that City Council considers vacant the position held by Alex Berehula on the Cable Access Advisory Commission; and

RESOLVED FURTHER, that City Council instructs staff to advertise the vacant MCTV access user position on the Cable Access Advisory Commission; and

RESOLVED FURTHER, that City Council appoint an MCTV access user to fill the remainder of the term ending in June 2006.  (Motion ADOPTED.)

 

JULY 2004 TAX LEVY – MIDLAND PUBLIC SCHOOLS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2004 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2004 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2004 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2004 TAX LEVY – BAY CITY PUBLIC SCHOOLS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2004 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2004 TAX LEVY – BAY-ARENAC

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2004 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2004 TAX LEVY – DELTA COLLEGE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2004; and

WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and

WHEREAS, the City of Midland Treasurer, has in the past, and will continue to collect taxes  under the following conditions: 1) The City of Midland shall retain all collection fees, administration fees, penalties and interest accrued on collection of taxes for other taxing entities.  2) Taxes collected by the City of Midland for other units shall be remitted to the taxing entity in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended.  3) The City of Midland agrees that it will not charge the taxing entities for collection of these taxes; now therefore

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2004 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above stated conditions.  (Motion ADOPTED.)

 

JULY 2004 TAX LEVIES

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2004 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

            1994 Street Improvement                                                       $    3,325.36

            1996 Street Improvement                                                             5,765.62

            2001 Street Improvement                                                             5,615.50

            2002 Street Improvement                                                           25,699.46

                        Subtotal Street Improvement Rolls                             $  40,405.94

Sanitary Sewer Improvement Rolls

            1994 Sanitary Sewer Improvement                                        $    2,416.32

            1996 Sanitary Sewer Improvement                                              3,243.10

1998 Sanitary Sewer Improvement                                              2,533.39

            2001 Sanitary Sewer Improvement                                                 991.61

            2002 Sanitary Sewer Improvement                                            26,510.70

            2003 Sanitary Sewer Improvement                                            20,941.29

                        Subtotal Sanitary Sewer Improvement Rolls              $  56,636.41

Water Main Improvement Rolls

            1995 Water Main Improvement                                              $    1,116.21

            1998 Water Main Improvement                                                  22,701.29

            1999 Water Main Improvement                                                    2,538.17

            2002 Water Main Improvement                                                  24,366.55

                        Subtotal Water Main Improvement Rolls                    $  50,722.22

Sidewalk Improvement Rolls

            2000 Sidewalk Improvement                                                         1,389.22

            2001 Sidewalk Improvement                                                         1,828.35

                        Subtotal Sidewalk Improvement Rolls                        $     3,217.57

2003 Downtown Economic Revitalization Roll (SARA)                     $   36,006.74

Accounts Receivable Roll                                                                   $   12,416.50

TOTAL SPECIAL ASSESSMENT ROLL                                            $ 199,405.38

; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2004 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

SUBRECIPIENT AGREEMENTS – COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the 2004-05 Community Development Block Grant budget provides funds to TenSixteen Treatment Center, The Reece Community Living Endeavor, the Salvation Army, West Midland Family Center, the Literacy Council, Midland Area Homes, Safe Haven Outreach Center, the Council on Domestic Violence and Sexual Assault (Shelterhouse), Washington Woods, Midland City Police Department, SiFWeitz & Associates, Midland Community Center, and Cleveland Manor, for the purposes of providing specific services to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a Subrecipient Agreement with these organizations to ensure the provision of these services to low- and moderate-income households; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreements on behalf of the City.  (Motion ADOPTED.)

 

ANNEXATION FROM HOMER TWP (SOVA PROPERTY - W. WACKERLY & STARK RD)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

SEC 1 T14N R1E COM 250 FT S OF INT OF N SEC LN & W 1/8 LN, TH S 237.48 FT, E 316.41 FT, S 26D 52M E 60 FT, S 56D 58M E 70 FT, S 552.28 FT, E 914.37 FT, N TO STATE DRAIN, NWLY ALG STATE DRAIN TO A PT 577.5 FT W OF N&S ¼ LN & 198 FT S OF N SEC LN, W TO A PT 135 FT E OF W 1/8 LN, S 52 FT, W 135 FT.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

K & D ESPRESSO INC. LIQUOR LICENSE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

RESOLVED, That the request from K & D ESPRESSO INC. TO TRANSFER OWNERSHIP OF 2001 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 2601 WASHINGTON, MIDLAND, MI 48642, MIDLAND COUNTY, FROM NORTH WIND ENTERPRISES, INC.; AND TRANSFER LOCATION TO 6201 JEFFERSON, MIDLAND, MI 48640, MIDLAND COUNTY be considered for approval.

It is the consensus of this legislative body that the application be:   Recommended for issuance.  (Motion ADOPTED.)

 

KOKOPELLI’S LIQUOR LICENSE SHOW CAUSE HEARING POSTPONED

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on May 10, 2004 the City Council adopted a resolution scheduling a show cause hearing for June 28, 2004, for the purpose of providing the owner of the Kokopelli’s liquor license an opportunity to show cause as to why the City Council should not recommend revocation of the liquor license to the Michigan Liquor Control Commission in accordance with the recommendation of the City Manager; and

WHEREAS, subsequent to the scheduling of the show cause hearing, the City received an application for transfer of ownership and location of said liquor license; and

WHEREAS, the City Council has adopted a resolution recommending the transfer of said license; now therefore,

RESOLVED, that the show cause hearing on said license scheduled for June 28, 2004 is hereby postponed until Monday, September 13, 2004 at 7:00 p.m., and the City Manager is hereby instructed to notify the license holder; and

RESOLVED FURTHER, that if said license is activated prior to September 13, 2004, then the show cause hearing shall be cancelled.  (Motion ADOPTED.)

 

2003 ANNUAL DRINKING WATER QUALITY REPORT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the 2003 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO.  P-04-03

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. P-04-03 filed March 23, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be permitted on the east side of Drake Street from the Woodcrest School southerly property line to 50’ south.

 is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. P-04-04

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. P-04-04 filed March 23, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both sides of Waldo Avenue from East Ashman Street to Eastlawn Drive.

is hereby made permanent.  (Motion ADOPTED.)

 


TRAFFIC CONTROL ORDER NO. P-04-05

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. P-04-05 filed March 23, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the north side of Wheeler Street from 100’ west of Foster Street to 100’ east of Foster Street.

is hereby made permanent.  (Motion ADOPTED.)

 

2004 LOCAL STREET RECONSTRUCTION, PHASE II; CONTRACT NO. 7

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of all of Chelsea and Kim Courts and Wyllys Street from Washington Street to Swede Avenue and replacement of the sanitary sewer on Wyllys Street from Byrd Street to Swede Avenue; and

WHEREAS, funding for this project is provided by the Local Street Fund and Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2004 Local Street Reconstruction, Phase II; Contract No. 7", in the indicated amount of $241,278.90, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

BARSTOW AIRPORT TERMINAL BUILDING DESIGN SERVICES CONTRACT

City Engineer Brian McManus presented the contract with Gerace Construction for design services for Barstow Airport Terminal Building.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals were received on May 11, 2004 from three design/build contractors for construction of  a new terminal building at Jack Barstow Airport; and

WHEREAS, a committee of seven project representatives reviewed the proposals with respect to aesthetics, cost, quality of materials, schedule, and work plan approach; and

WHEREAS, the proposal from Gerace Construction Company was deemed the most favorable for the airport terminal building project; and

WHEREAS, the Barstow Airport Aviation Commission supports the proposal by Gerace Construction Company; and

WHEREAS, project funding in the amount of not less that $475,000 has been generated for the project through private and public sources; now therefore

RESOLVED, that the City Manager is authorized to enter into a contract using form AIA Document A 191, Part I for design services with Gerace Construction in the amount of $11,000; and 

RESOLVED FURTHER, that the City Council anticipates that a contract using form AIA Document A 191, Part II, that will establish a construction cost for the project with Gerace Construction of approximately $400,000, will be forthcoming at the conclusion of the work required under Part I; and


RESOLVED FURTHER, that the City accepts the donations of financial support for the project from the following sources, and directs that proceeds therefrom be placed in the 2004 Barstow Terminal Building project in the special construction fund:

               Barstow Foundation                                                 $215,000

               Herbert H. and Grace A. Dow Foundation               $100,000  

               Rollin M. Gerstacker Foundation                              $  50,000

               Charles S. Strosacker Foundation                          $  25,000

               Various Pilots and Businesses                                $  20,000

and;

RESOLVED FURTHER, City Council expresses their gratitude to all donors for their interest in accomplishing this project.   (Motion ADOPTED.)

 

MDOT CONTRACT #2004-0317 - BARSTOW AIRPORT TAXI STREETS RECONSTRUCTION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a proposed Contract No. 2004-0317 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of taxi streets at Barstow Airport; and

WHEREAS, the total estimated cost of the project is $324,562 and a block grant from the Federal Aviation Administration (FAA) is providing 90% ($292,106) and the Michigan Department of Transportation (MDOT) is providing 5% ($16,228) and the City of Midland General Fund is providing 5% ($16,228); and

WHEREAS, the City of Midland is desirous of having said taxi streets reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 2004-0317 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

MDOT CONSTRUCTION CONTRACT #FM 56-1-C35 (AIRPORT TAXI STREETS)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, Construction Contract No. FM 56-1-C35 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of the construction contract with Porath Contractors, Inc. for the reconstruction of taxi streets at Barstow Airport; and

WHEREAS, the City of Midland approved a contract with MDOT to approve funding for said work; and

WHEREAS, the City of Midland supports having said taxi streets reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Construction Contract No. FM 56-1-C35 with Porath Contractors, Inc. of Houghton Lake, Michigan and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

MDOT CONTRACT #04-5239 – RESURFACING OF STURGEON AVE OVERPASS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a proposed Contract No. 04-5239 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the concrete resurfacing of the Sturgeon Avenue overpass of US-10; and

WHEREAS, the total estimated cost of the project is $108,700, of which federal aid will contribute $87,000, MDOT will contribute $19,300 and the City of Midland will contribute $2,400; and

WHEREAS, funding of the City cost share will be provided by the Major Street Fund; and

WHEREAS, the City of Midland supports having said overpass resurfaced; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 04-5239 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

CHANGE ORDER #3 - BARSTOW AIRPORT RUNWAY SAFETY AREA GRADING, TREE REMOVAL/TRIMMING, AND DRAINAGE IMPROVEMENTS; CONTRACT NO. 18

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on August 11, 2003, City Council awarded a contract to Porath Contractors Incorporated of Houghton Lake, Michigan for the 2003 Jack Barstow Airport Runway Safety Area Grading, Tree Removal/Trimming, and Drainage Improvements, Contract No. 18 for miscellaneous improvements at Jack Barstow Airport; and

WHEREAS, City staff have determined the necessity to further improve the airport storm water drainage system and improve the existing sanitary sewer system because of a failing septic system; and

WHEREAS, the sanitary sewer improvements will improve storm water drainage, eliminate a septic system, and provide direct sanitary sewer connection to the City sanitary sewer system; and

WHEREAS, Change Order No. 3 has been prepared in the amount of $12,310.00 to perform said work; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 3 to the 2003 Jack Barstow Airport Runway Safety Area Grading, Tree Removal/Trimming, and Drainage Improvements, Contract No. 18, in the amount of $12,310.00, thereby increasing the total project cost to $145,770.25.  (Motion ADOPTED.)

 

SIDEWALK REPLACEMENT PROGRAM

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the 2004 Sidewalk Replacement Program, Bid No. 2744; and

WHEREAS, funding for this project in the amount of $100,000 is included in the 2004-05 Fiscal Year General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the low bidder, L.J. Construction, Inc. of Clifford, Michigan, not to exceed the amount of $100,000 for sidewalk replacement from July 2004 through December 2004, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in aggregate up to $20,000 should additional funding become available.  (Motion ADOPTED.)

 

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the Mayor Pro Tem and City Clerk are authorized to execute an agreement for the year July 1, 2004, through June 30, 2005, with the Midland Economic Development Council for economic development services at a cost to the City not to exceed $85,000.  (Motion ADOPTED.)

 


PURCHASE – CALCIUM OXIDE FOR WATER PLANT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, sealed bids for the contract of Water Treatment Plant - Calcium Oxide, Bid No. 2667, for the period of one year beginning July 1, 2004, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been requested in the 2003/2004 Water Fund Budget account #591-8162-811.76-56 - Chemicals; now therefore

RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of Detroit for the indicated price per ton of  $94.27 for up to 1,250 tons per year, at a total annual contract amount not to exceed $117,837.50, is hereby accepted and a purchase order is authorized.  (Motion ADOPTED.)

 

PURCHASE ­– FERRIC CHLORIDE FOR WATER AND WASTEWATER PLANTS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed bids for the contract of Water and Wastewater Treatment Plant – Ferric Chloride, Bid No. 2766, for the period July 1, 2004 to June 30, 2005, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funds have been adopted in the 2004-2005 budgets and are available in the Water Fund account #591-8162-811.76-56 and in the Wastewater Fund account #590-8144-822.76-56; now therefore

RESOLVED, that the low sealed proposal submitted by PVS Technologies of Detroit, Michigan for the indicated price per ton of  $235.63 for up to 500 tons per year (250 each for the Water and Wastewater Treatment Plans), at a total aggregate annual contract amount not to exceed $117,815.00, is hereby accepted and purchase orders are authorized.  (Motion ADOPTED.)

 

2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the twelfth day of July, 2004 to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior the date of the twelfth day of July, 2004, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion ADOPTED.)

 


ELECTRO PANEL, INC. IFT APPLICATION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that an application dated May 5, 2004 was received May 7, 2004 from Electro Panel, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Electro Panel, Inc. Industrial Development District No. 1 relating to new facilities for personal property with the facility intended to provide for the purchase and installation of a new computer programmable routing table made by AXYZ Automation in the amount of $36,000.00 relating to new facility approval to allow further expansion in the Electro Panel, Inc. Industrial District No. 1 is hereby acknowledged, received, and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, June 28, 2004, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

03-04 GENERAL FUND BUDGET AMENDMENT – HIGHWAY SAFETY PLANNING GRANT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on June 28, 2004 in the Council Chambers at City Hall on the proposal to amend the 2003-04 General Fund Budget to increase revenues to recognize a grant of $20,008.00 from the Michigan State Police Office of Highway Safety Planning for reimbursement of overtime wages for the officers of the Midland Police Department and Midland County Office of the Sheriff during holiday seat belt enforcement campaigns and to increase expenditures by $20,008.00 to allow for the wage reimbursements.  (Motion ADOPTED.)

 

SPECIAL USE PERMIT NO. 13

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, Donald Koster for Dow Howell Gilmore Associates, Inc. has submitted a request for a special use permit review and approval to construct a 4,700 square foot office building on 2.69 acres on Sugnet Road west of the Pere Marquette Rail Trail; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 27.2(a) of the Zoning Ordinance of the City of Midland on said special use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 27.3 of the Zoning Ordinance of the City of Midland, conditioned on the following:

1.   Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

2.   Site lighting shall not cast illumination off site.

3.   If site irrigation is planned, a separate water service is required.

4.   Sign construction is in accord with the Zoning Ordinance.

5.   The refuse receptacle is identified.

6.   No parking will be permitted on the loop driveway.

;now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 28, 2004, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a special use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within four hundred (400) feet of the area proposed by transmitting notice on June 18, 2004 and to publish said notice on June 19, 2004.  (Motion ADOPTED.)

 

04-05 LIBRARY BUDGET AMENDMENT - LIBRARY TEEN ROOM

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, space has been designated in the Grace A. Dow Memorial Library for a Teen Room to accommodate the increase in teen use at the library; and

WHEREAS, the Board of Directors of the Friends of the Grace A. Dow Memorial Library has offered to donate funding of up to $170,000 to develop the teen space; now therefore

RESOLVED, that the City Council accepts the donation of the Friends of the Grace A. Dow Memorial Library to the Grace A. Dow Memorial Library to fund the Teen Room; and

RESOLVED FURTHER, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on July 12, 2004 in the Council Chambers of City Hall on the proposal to amend the 2004-2005 budget of the Grace A. Dow Memorial Library Fund to increase both revenues and expenditures by $170,000 to recognize unanticipated revenues from contributions and to appropriate funds for the development of the Teen Room in the library; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and instructed to publish the appropriate notice of said public hearing in accord with Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

03-04 LANDFILL BUDGET AMENDMENT – HYDROGEOLOGY MONITORING

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, June 28, 2004, in the Council Chambers of City Hall on the proposal to amend the 2003/04 Sanitary Landfill Fund budget to increase revenues from working capital by $50,000.00 and to increase appropriations for the Sanitary Landfill Fund – Hydrogeology Monitoring project by $50,000.00.  (Motion ADOPTED.)

 

03-04 GENERAL FUND BUDGET AMENDMENT – DIOXIN ISSUES

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Chapter 11 of the City of Midland Charter, a public hearing shall be conducted at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 General Fund Budget to increase expenditures in the City Attorney’s budget by $200,000 for the unanticipated expenses incurred in reviewing The Dow Chemical Company’s revised Scope of Work and the Interim Response Activities relating to the dioxin issues with the Michigan Department of Environmental Quality to determine the impact on both public and private property within the City of Midland.  (Motion ADOPTED.)

 

03-04 GENERAL FUND BUDGET AMENDMENT – DOW TAX APPEALS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Chapter 11 of the City of Midland Charter, a public hearing shall be conducted at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 General Fund Budget to increase expenditures by $230,000 in The Dow Chemical Tax Appeal Activity and $410,000 in the Dow Corning Tax Appeal Activity for the unanticipated expenses incurred in The Dow Chemical Company and the Dow Corning Corporation tax appeals.  (Motion ADOPTED.)

 


04-05 GENERAL FUND BUDGET AMENDMENT – DOW TAX APPEALS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Chapter 11 of the City of Midland Charter, a public hearing shall be conducted at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the proposal to amend the 2004-2005 General Fund Budget to decrease expenditures by $230,000 in The Dow Chemical Tax Appeal Activity and $410,000 in the Dow Corning Tax Appeal Activity.  (Motion ADOPTED.)

 

03-04 MCTV BUDGET AMENDMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Chapter 11 of the City of Midland Charter, a public hearing shall be conducted at 7:00 p.m., June 28, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 Cable Communications Fund Budget to increase expenditures for legal fees by $35,000 for the unanticipated expenses incurred in the cable franchise fee lawsuit which is currently pending.  (Motion ADOPTED.)

 

04-05 MAJOR STREET BUDGET AMENDMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the Midland County Road Commission is reconstructing Saginaw Road from Waldo Court to the Saginaw County line during the 2004 construction season and has requested that the limits of their project extend to Gordonville Road, to complete the reconstruction of Saginaw Road east of Gordonville Road; and

WHEREAS, Saginaw Road from Gordonville Road to Waldo Court is under the jurisdiction of the City of Midland and the cost to reconstruct this section of roadway is the responsibility of the City of Midland, which is estimated to cost $100,000; and

WHEREAS, funding is available in the unrestricted fund balance of the 2004-05 Major Street Fund to cover this expenditure; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 pm on Monday June 28, 2004 in the Council Chambers of City Hall on the proposal to amend the 2004-05 Major Street Fund budget to increase expenditures by $100,000 to allow for construction of improvements to Saginaw Road from Gordonville Road to Waldo Court.  (Motion ADOPTED.)

 

NEW BUSINESS

The City Council discussed the suggestions proposed by Paula Jurado during public comments and decided not to make any changes to the process of appointing members to boards and commissions. 

 

Being no further business the meeting adjourned at 8:59 p.m.

 

 

______________________________________

            John E. Duso, Deputy City Clerk