A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
|
Councilmen absent: |
None |
Approval of the minutes of the
NOTE: AGENDA ITEMS WERE CONSIDERED AFTER THE
CONSENT AGENDA IN THE FOLLOWING ORDER:
ITEM 2, 3, 5, 9, 13, 4, 6, 7, 8, AND 10.
FOR EASE IN FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO
SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE
ORIGINALLY PLACED ON THE AGENDA AND NOT IN THE ORDER IN WHICH THEY WERE
ACTUALLY PRESENTED FOR CONSIDERATION.
MBS
INTERNATIONAL AIRPORT PRESENTATION
MBS International Airport
RESOLVED, that the presentation
on
ELECTRO PANEL, INC. – IFT APPLICATION
Deputy City Assessor, Roger
Elbers, presented information on the request from Electro Panel, Inc. for an
industrial facilities exemption certificate.
A public hearing was opened at
WHEREAS, the
Electro Panel, Inc., Industrial Development District No. 1 was established by
resolution of the Midland City Council on
WHEREAS, Electro
Panel, Inc. made an application dated May 5, 2004, which was received by the
City
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $36,000.00 which consists of new personal property with
the same being located within the Electro Panel, Inc., Industrial Development
District No. 1 and is intended to provide for the purchase and installation of
a new computer programmable routing table made by AXYZ Automation; and
WHEREAS, the
current use of the property located at 4020 Airport Road is a legal
non-conforming use; any action by the City Council approving an Industrial
Facilities Exemption Certificate at this location does not imply the City
Council’s intent to rezone the property to an industrial use in the future; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
June 28, 2004, as required by Public Act 198 of Public Acts of the State of
Michigan of 1974, as amended, and has given due consideration to all
information presented; and
WHEREAS, the
application appears to comply with the requirements set forth in Section 9 of
said statute, as amended, in that the proposed facility is located within an
industrial development district that was duly established within the City of
Midland with the City of Midland being eligible under said statute to establish
such a district and with the district having been established upon a request
before the commencement of the restoration, replacement or construction of the
facility described herein; that the commencement of this project did not occur
earlier than six months before the filing of the application for the industrial
facilities exemption certificate, that the application relates to a
construction, restoration or replacement program that when completed
constitutes a new or replacement facility within the meaning of said statute
and is situated within a previously established plant rehabilitation district
that was established in the City of Midland which was itself eligible under the
statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in
the community; now therefore
RESOLVED, that the
City Council of the City of Midland finds and determines that the granting of
the industrial facilities exemption certificate requested by Electro Panel,
Inc. considered together with the aggregate amount of industrial facilities
exemption certificates previously granted and currently in force, shall not
have the effect of substantially impeding the operation of the City of Midland
or impairing the financial soundness of any other taxing unit which levies an
ad valorem property tax in the City of Midland; and
RESOLVED FURTHER,
that said application for an Industrial Facilities Exemption certificate from
Electro Panel, Inc. for a new facility approval within the Industrial
Development District be and the same is hereby approved for a period of 12
years with an ending date of December 30, 2016; and
RESOLVED FURTHER,
that the Mayor and City
03-04 GENERAL FUND BUDGET AMENDMENT – OFFICE OF HIGHWAY SAFETY
PLANNING GRANT
Police Captain for Patrol Services Robert
Lane presented information on the Office of Highway Safety Planning Grant. A public hearing was opened at
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and having given proper notice, and having conducted a public hearing on Monday, June 28, 2004 on the proposal to amend the 2003-04 General Fund Budget to recognize the receiving of a grant from the Office of Highway Safety Planning in the amount of $20,008.00 for the purpose of reimbursing the overtime wages for the officers of the Midland Police Department and Midland County Office of the Sheriff during holiday seat belt enforcement campaigns; now therefore
RESOLVED, that the 2003-04 General Fund Budget is hereby amended to increase revenue by $20,008.00 to recognize the grant received from the Office of Highway Safety Planning and to increase expenditures by $20,008.00 to recognize the expenses related to the holiday seat belt enforcement project. (Motion ADOPTED.)
SPECIAL USE PERMIT NO. 13 –
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
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 the City Council finds the
request for the special use permit to be in accord with Section 27.3 of the
Zoning Ordinance of the City of
03-04 SANITARY LANDFILL BUDGET AMENDMENT – HYDROGEOLOGY MONITORING
Director of Utilities Noel Bush presented
information on the Sanitary Landfill Hydrogeology Monitoring project. A public hearing was opened at
WHEREAS, on June 14, 2004 a public hearing
was scheduled for 7:00 p.m., June 28, 2004 to consider amending 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; and
WHEREAS, 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 Monday, June 28, 2004, 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; and
WHEREAS, the City’s environmental consultant
at the Landfill is currently NTH Consultants LTD of Farmington Hills, Michigan,
and having written the Landfill’s monitoring plan and having familiarity with
the site, staff requested that NTH prepare a cost estimate to comply with the
new MDEQ hydrogeology monitoring requirements; and
WHEREAS, a cost estimate of $32,500.00 has
been provided by NTH for the initial soil boring, analysis, and reporting, and
is based on the drilling depths of 75 feet that the City will propose for
approval from the MDEQ; and
WHEREAS, the additional funding of
$17,500.00 ($50,000.00 - $32,500.00) will cover any unexpected analysis and
drilling depths of greater than the proposed 75 feet, but less than 200 feet;
now therefore
RESOLVED, that the 2003/04 Sanitary Landfill
Fund budget is hereby amended 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; and
RESOLVED FURTHER, that based upon the
recommendation of City staff, the proposal provided by NTH for the initial soil
boring, analysis, and reporting for hydrogeologic monitoring required by the MDEQ
is accepted, and sealed proposals are deemed impractical in accord with Section
2-18 of the Code of Ordinances a purchase order is hereby authorized in the
amount of $32,500.00 to NTH Consultants LTD of Farmington Hills, Michigan for
the proposed hydrogeology monitoring.
(Motion ADOPTED.)
03-04 GENERAL FUND BUDGET AMENDMENT – ATTORNEY’S LEGAL FEES
City Attorney James Branson presented
information on the 2003-04 General Fund Budget Amendment for unanticipated
expenses relating to the dioxin issue. A
public hearing was opened at
WHEREAS, that in accord with
Chapter 11 of the City of Midland Charter and after having given proper legal
notice and having conducted a public hearing on 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
RESOLVED, that the 2003-2004
General Fund Budget City
PAYMENT FOR LEGAL AND ENVIRONMENTAL CONSULTING SERVICES - DIOXIN
City Attorney James Branson presented
information on the payment for legal and environmental consulting services relating
to the dioxin issue. The following
resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS, the law firm of Miller,
Canfield, Paddock & Stone and the environmental consulting firm of
Fishbeck, Thompson,
WHEREAS, on May 10, 2004, Council
authorized payments to Miller, Canfield, Paddock & Stone and Fishbeck,
Thompson,
WHEREAS, the cost of said legal
and consulting fees is expected to exceed the previously approved amount and
therefore approval of the
WHEREAS, sufficient budgetary
funding exists within the 2003-2004 City
WHEREAS, the above-referenced
services are hereby determined to be professional services within the meaning
of Section 2-19 of the Code of Ordinances and do not require sealed proposals;
now therefore
RESOLVED, that payment to the law
firm of Miller, Canfield, Paddock & Stone and the environmental consulting
firm of Fishbeck, Thompson,
03-04 and 04-05 GENERAL FUND BUDGET AMENDMENT – DOW CHEMICAL &
CORNING TAX APPEALS
City Attorney James Branson presented
information on the 2003-04 General Fund Budget Amendment to increase
expenditures relating to The Dow Chemical and Dow Corning tax appeals and
decrease 2004-05 expenditures in The Dow Chemical and Dow Corning Tax Appeal
Activity. A public hearing was opened at
03-04 GENERAL FUND BUDGET AMENDMENT – DOW CHEMICAL & CORNING
TAX APPEALS
The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, that in accord with Chapter 11 of the City of Midland Charter and after having given proper legal notice and having conducted a public hearing on 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; now therefore
RESOLVED, that the 2003-2004 General Fund Budget is amended to increase expenditures by $230,000 in The Dow Chemical Tax Appeal Activity, specifically by increasing the Legal Fees account by $116,000 and the Appraisal Fees account by $114,000; and
RESOLVED FURTHER, that the
2003-2004 General Fund Budget is amended to increase expenditures by $410,000
in the Dow Corning Tax Appeal Activity, specifically by increasing the Legal
Fees account by $168,000 and the Appraisal Fees account by $242,000. (Motion ADOPTED.)
04-05 GENERAL FUND BUDGET AMENDMENT – DOW CHEMICAL & DOW
CORNING TAX APPEALS
The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, that in accord with Chapter 11 of the City of Midland Charter and after having given proper legal notice and having conducted a public hearing on 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; now therefore
RESOLVED, that the 2004-2005 General Fund Budget is amended to decrease expenditures by $230,000 in The Dow Chemical Tax Appeal Activity, specifically by decreasing the Legal Fees account by $116,000 and the Appraisal Fees account by $114,000; and
RESOLVED FURTHER, that the
2004-2005 General Fund Budget is amended to decrease expenditures by $410,000
in the Dow Corning Corporation Tax Appeal Activity, specifically by decreasing
the Legal Fees account by $168,000 and the Appraisal Fees account by
$242,000. (Motion ADOPTED.)
APPRAISAL SERVICES – DOW CHEMICAL & DOW
CORNING TAX APPEALS
City Attorney James Branson presented
information on the appraisal services for the Dow Chemical and Dow Corning tax
appeals. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, the Dow Corning Corporation
appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 assessment and
taxable value of certain property it owns located in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS, The Dow Chemical Company appealed
the 1997, 1998, 1999, 2000, 2001, 2002, 2003, and certain 2004 assessment and
taxable value of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS, the appraisal firms of Max Derbes
& Associates and Baker & O’Brien have been retained by the City of
Midland to provide appraisal reports of the aforementioned properties; and
WHEREAS, on March 8, 2004, the
WHEREAS, the cost of continuing said
services is expected to exceed the previously approved amount and therefore
approval of the City Council is required under Section 2-18 of the Code of
Ordinances; now therefore
RESOLVED, that said services are hereby
determined to be professional services within the meaning of Section 2-19 of
the Code of Ordinances and do not require sealed proposals; and
RESOLVED FURTHER,
that the Director of Fiscal Services is hereby authorized to transfer $180,000
within the 2003-2004 General Fund budget from the Appraisal Fees account in the
Midland Cogeneration Tax Appeal activity to the Appraisal Fees account in The
Dow Chemical Company Tax Appeal Activity; and
RESOLVED FURTHER,
that the Director of Fiscal Services is hereby authorized to transfer $90,000
within the 2003-2004 General Fund budget from the Legal Fees account in the
Midland Cogeneration Tax Appeal activity to the Appraisal Fees account in the
Dow Corning Corporation Tax Appeal Activity; and
RESOLVED FURTHER, that payment to the
appraisal firms of Max Derbes & Associates and Baker & O’Brien for
appraisal services in connection with the aforementioned defense of the Dow
Corning Corporation and The Dow Chemical Company assessment appeals is hereby
authorized in an amount not to exceed $8,100,000. (Motion ADOPTED.)
LEGAL SERVICES – DOW CHEMICAL & CORNING TAX APPEALS
City Attorney James Branson presented
information on the legal services for the Dow Chemical and Dow Corning tax
appeals. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, the Dow Corning Corporation
appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 assessments and
taxable values of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS,
The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003
and certain 2004 assessments and taxable values of certain property it owns in
the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the law firm of Miller, Canfield,
Paddock & Stone has been utilized in assisting the City of Midland in its
defense of said appeals; and
WHEREAS, on
WHEREAS, the cost
of continuing said legal services is expected to exceed the previously approved
amount and therefore approval of the
WHEREAS, sufficient budgetary funding exists
within the 2003-2004 and 2004-2005 Legal Fees budgets of the Dow Corning
Corporation and The Dow Chemical Company Tax Appeal activity; now therefore
RESOLVED, that said services are hereby
determined to be professional services within the meaning of Section 2-19 of
the Code of Ordinances and do not require sealed proposals; and
RESOLVED FURTHER, that payment to the law
firm of Miller, Canfield, Paddock & Stone for its legal assistance in
connection with the aforementioned appeals is hereby authorized in a total amount
not to exceed $6,000,000. (Motion
ADOPTED.)
ACCOUNTING SERVICES – DOW CORNING TAX APPEAL
City Attorney James Branson presented
information on accounting services for the Dow Corning tax appeal. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998,
1999, 2000, 2001, 2002 and 2003 assessment and taxable value of certain
property it owns located in the City of Midland to the Michigan Tax Tribunal;
and
WHEREAS, the services of the public accounting firm of Plante and
Moran, LLP, are required to assist the City in its defense of Dow Corning’s
appeals; and
WHEREAS, on February 23, 2004, the
WHEREAS, sufficient budgetary funding exists within the 2003-2004 and
2004-2005 general fund budget for the Dow Corning Corporation tax appeal cases;
now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to Plante and Moran, LLP, for continued
professional services in connection with the aforementioned defense of the Dow
Corning Corporation is hereby authorized in an amount not to exceed $300,000. (Motion ADOPTED.)
ENVIRONMENTAL
CONSULTING SERVICES – DOW CHEMICAL TAX APPEAL
City Attorney James Branson presented information on the environmental
consulting services for the Dow Chemical tax appeal. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000,
2001, 2002, 2003 and certain 2004 assessment and taxable value of certain
property it owns located in the City of Midland to the Michigan Tax Tribunal;
and
WHEREAS, the services of the environmental management consulting firm
of Pilko & Associates, Inc. are required to assist the City in its defense
of The Dow Chemical Company’s appeals; and
WHEREAS, the cost of continuing said services is expected to exceed
$20,000 and therefore approval of the
WHEREAS, sufficient budgetary funding exists within the 2003-2004 and
2004-2005 Appraisal Fees budget for The Dow Chemical Company tax appeal cases;
now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to Pilko & Associates, Inc. for
professional services in connection with the aforementioned defense of The Dow
Chemical Company appeal is hereby authorized in an amount not to exceed
$50,000. (Motion ADOPTED.)
APPRAISAL SERVICES – DOW CHEMICAL TAX APPEAL
City Attorney James Branson presented
information on the appraisal services for the Dow Chemical tax appeal. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS, The Dow Chemical Company
has appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003 and certain 2004
assessments and taxable values of certain property it owns in the City of
Midland to the Michigan Tax Tribunal; and
WHEREAS, the appraisal firm of
Terzo & Bologna, Inc. has been utilized in assisting the City of Midland in
its defense of said appeals; and
WHEREAS, the cost of said
appraisal fees will exceed $20,000 and therefore approval of the
WHEREAS, sufficient budgetary
funding exists within the 2003-2004 and 2004-2005 general fund budget for The
Dow Chemical Company tax appeal cases; now therefore
RESOLVED, that the
above-referenced services are hereby determined to be professional services
within the meaning of Section 2-19 of the Code of Ordinances and do not require
sealed proposals; and
RESOLVED FURTHER, that
authorization for payment to the appraisal firm of Terzo & Bologna, Inc.
for their assistance in connection with the aforementioned appeal is hereby
authorized to an amount not to exceed $60,000.
(Motion ADOPTED.)
03-04 CABLE COMMUNICATIONS FUND BUDGET AMENDMENT
City Attorney James Branson presented
information on the 2003-04 Cable Communications Fund Budget amendment. A public hearing was opened at
WHEREAS, that in accord with Chapter 11 of the City of Midland Charter and after having given proper legal notice and having conducted a public hearing on 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; now therefore
RESOLVED, that the 2003-2004
Cable Communications Fund Budget Legal Fees account is amended to increase
expenditures by $35,000. (Motion
ADOPTED.)
LEGAL SERVICES – CABLE FRANCHISE FEE LAWSUIT
City Attorney James Branson presented
information on the legal services for the cable franchise fee lawsuit. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Myers:
WHEREAS,
in November 2003 a class action lawsuit was filed by several Michigan residents
against twelve (12) municipalities, including the City of Midland; and
WHEREAS, the law firm of Kitch, Drutchas,
Wagner, DeNardis & Valitutti has been retained in assisting the City of
Midland, and several other municipalities, in their defense of said lawsuit;
and
WHEREAS, the cost
of continuing said appraisal services is expected to exceed $20,000 and
therefore approval of the City Council is required under Section 2-18 of the
Code of Ordinances; and
WHEREAS, sufficient budgetary funding exists
within 2003-2004 Cable Communications Fund Budget; now therefore
RESOLVED, that said services are hereby
determined to be professional services within the meaning of Section 2-19 of
the Code of Ordinances and do not require sealed proposals; and
RESOLVED FURTHER, that payment to the law
firm of Kitch, Drutchas, Wagner, DeNardis & Valitutti for its legal
assistance in connection with the aforementioned lawsuit is hereby authorized
in a total amount not to exceed $35,000.
(Motion ADOPTED.)
City Engineer Brian McManus presented
information on the
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 and is estimated to cost $100,000 and funding is available in the
unrestricted fund balance of the 2004-05 Major Street Fund to cover this expenditure;
and
WHEREAS, 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 28, 2004,
on the proposal to amend the 2004-05 Major Street Fund Budget to increase
expenditures by $100,000 to allow for the construction of improvements to
Saginaw Road from Gordonville Road to Waldo Court; now therefore
RESOLVED, that the 2004-05 Major Street Fund
Budget is hereby amended to increase expenditures by $100,000 to allow for
construction of improvements to Saginaw Road from Gordonville Road to Waldo
Court; and
RESOLVED FURTHER, that following completion of said Saginaw
Road reconstruction, the City Manager is authorized to make payment to the
Midland County Road Commission in an
amount not to exceed $100,000 for the City portion of this project; and
RESOLVED FURTHER, that City Council hereby
approves revising the Construction Projects Priority list to add
PUBLIC COMMENTS
There were no public comments.
MIDLAND WATER RATE ORDINANCE
Director of Utilities Noel Bush presented
information on the water rate ordinance.
The following ordinance amendment was then offered by Councilman McKeag and
seconded by Councilman Johnson:
ORDINANCE
NO. 1581
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
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: $1.03
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 |
|
5/8" – ¾" |
$27.42
|
|
1" |
35.65 |
|
1 –
½" |
43.87 |
|
2" |
71.29 |
|
3" |
274.20 |
|
4" |
356.46 |
|
6" |
520.98 |
|
8" |
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.
Section 2. This ordinance shall take effect upon
publication. (Ordinance ADOPTED.)
MIDLAND SEWER RATE ORDINANCE
Director of Utilities Noel Bush presented information on the sewer rate ordinance. The following ordinance amendment was then offered by Councilman Johnson and seconded by Councilman Myers:
ORDINANCE
NO. 1582
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
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 |
|
5/8" – ¾" |
$31.08
|
|
1" |
40.40 |
|
1 –
½" |
49.73 |
|
2" |
80.81 |
|
3" |
310.80 |
|
4" |
404.04 |
|
6" |
590.52 |
|
8" |
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: $1.44
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. (Ordinance ADOPTED.)
SITE PLAN NO. 241 – DOLLAR DAZE
WHEREAS, the City
Council has received the recommendation of the City Planning Commission for
approval of Site Plan No. 241, the request of Dollar Daze to construct an
11,025 square foot building on 3.1 acres located north of North Saginaw Road
and west of Eastman Avenue; and
WHEREAS, the City
Council has reviewed the proposed Site Plan No. 241 in accord with the
provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the
City of Midland; now therefore
RESOLVED, that the
City Council does hereby approve Site Plan No. 241, contingent upon the
following:
1. Storm water retention plans are
reviewed and approved by the City of Midland Engineering Department.
2. Access rights to and from the subject
parcel are clearly delineated.
3. Illumination is not cast off site.
4. A 6’ tall chain link fence with black
vinyl coating with 1.5” mesh will be constructed along the north and west
property line.
5. Retention of the approximately 55’
wooded buffer along the north property line.
6. Planting of evergreen trees in a
staggered pattern on 7.5’ centers with 10’ separating the alternating rows of
trees along the west property line.
(Motion ADOPTED.)
ANNEXATION FROM
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the City Council of the City
of
SEC 12 T14N R2E
COM 140 FT N OF N 1/8 COR OR
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 Midland,
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 Midland; 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
TRAFFIC CONTROL ORDER S-04-01
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that
Traffic Control Order No. S-04-01 filed
That
is hereby made
permanent. (Motion ADOPTED.)
CHE BROTHERS,
INC. LIQUOR LICENSE
The following resolution was offered by Councilman Myers and seconded by
Councilman McKeag:
be considered for approval.
It is the consensus of this
legislative body that the application be:
Recommended for issuance. (Motion
ADOPTED.)
FINAL PAY
DEFERRAL PLAN
The following resolution was offered by Councilman Myers and seconded by
Councilman McKeag:
WHEREAS, the City of
WHEREAS, the establishment of a money purchase retirement plan benefits
employees by providing funds for retirement and funds for their beneficiaries
in the event of death; and
WHEREAS, the City desires that its money purchase retirement plan be
administered by the ICMA Retirement Corporation and that the funds held under
such plan be invested in the ICMA Retirement Trust, a trust established by
public employers for the collective investment of funds held under their
retirement and deferred compensation plans; now therefore
RESOLVED, that the City hereby establishes a money purchase retirement
plan (the “Plan”) in the form of The ICMA Retirement Corporation Governmental
Money Purchase Plan and Trust, pursuant to the specific provisions of the
Adoption Agreement (executed copy attached hereto); and
RESOLVED FURTHER, that the Plan shall be maintained for the exclusive
benefit of eligible employees and their beneficiaries; and
RESOLVED FURTHER, that the City hereby approves the Declaration of
Trust of the ICMA Retirement Trust, attached hereto, intending this approval to
be operative with respect to any retirement or deferred compensation plan
subsequently established by the City, if the assets of the plan are to be
invested in the ICMA Retirement Trust; and
RESOLVED FURTHER, that the City hereby agrees to serve as trustee under
the Plan and to invest funds held under the Plan in the ICMA Retirement Trust;
and
RESOLVED FURTHER, that the City Manager, or his/her designee, shall be
the coordinator for the Plan; shall receive reports, notices, etc., from the
ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast on behalf
of the City any required votes under the ICMA Retirement Trust; may delegate
any administrative duties relating to the Plan to appropriate departments; and
is authorized to execute all necessary agreements with the ICMA Retirement
Corporation incidental to implementation and administration of the Plan. (Motion ADOPTED.)
2004
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 is for the
installation of a water main along St. Andrews Road from Sugnet Road to the water
tower on Wheeler Street and the construction of a paved walkway through
Plymouth Park from the end of the existing sidewalk on St. Andrews Road to
Wheeler Street; and
WHEREAS, funding for this project is provided by the Water Fund and
General Fund; now therefore
RESOLVED, that the low sealed proposal submitted by L.J. Construction,
Inc. of Clifford, Michigan, for the "2004 St. Andrews Water Main and
Plymouth Park Walkway; Contract No. 13", in the indicated amount of
$299,540.00, based upon City estimated quantities is hereby accepted and the
Mayor and the City
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.)
PERIODICAL & NEWSPAPER SUBSCRIPTION SERVICES - LIBRARY
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 periodical and newspaper subscription services for the Grace A. Dow Memorial Library; and
WHEREAS, the proposal submitted by Magazine Subscription Service Agency is the lowest bid; and
WHEREAS, funding is available in the 2004/2005 Grace A. Dow Memorial Library budget; now therefore
RESOLVED, that the sealed proposal for Bid No. 2769 submitted by Magazine Subscription Service Agency for periodical and newspaper subscription services for the Grace A. Dow Memorial Library in an amount not to exceed $26,000 is hereby accepted and the necessary purchase order authorized. (Motion ADOPTED.)
EMPLOYEE ASSISTANCE PROGRAM CONTRACT
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City has been contracting professional services for its Employee Assistance Program coordination with Lona McLuckie for sixteen years; and
WHEREAS, it is recommended by the staff to continue this relationship for purposes of consistency and continuity in the EAP program; and
WHEREAS, in accordance with Section 2-19 of the Code of Ordinances, sealed proposals are not required for contracts for professional services; now therefore
RESOLVED, that the proposed
contract between the City of
COMPUTER HARDWARE & SOFTWARE PURCHASE
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, competitive pricing has been
received from the Regional Educational Media Center of Michigan (
WHEREAS, funds have been budgeted in the
2004-2005
RESOLVED, that the
LEGAL SERVICES – MCV TAX APPEAL
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the Midland Cogeneration
Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004
assessments and taxable values of certain property it owns in the City of
Midland to the Michigan Tax Tribunal; and
WHEREAS, the law firms of Braun, Kendrick,
Finkbeiner, P.L.C., Westrate and Thomas, P.C., formerly known as Westrate and
Holmstrom, P.C., and also Spiegel & McDiarmid have been utilized in
assisting the City of Midland in its legal defense of said appeal; and
WHEREAS, on June 23, 2003, Council
authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and
Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned
services in a total amount not to exceed $5,250,000; and
WHEREAS, the cost of continuing said
services is expected to exceed the previously approved amount and therefore
approval of the
WHEREAS, sufficient budgetary funding exists
within the 2003-2004 and 2004-2005 Legal Fees budget for the MCV tax appeal
cases; now therefore
RESOLVED, that the above-referenced services
are hereby determined to be professional services within the meaning of Section
2-19 of the Code of Ordinances and do not require sealed proposals; and
RESOLVED FURTHER, that authorization for
payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and
Thomas, P.C., and also Spiegel & McDiarmid for their assistance in
connection with the aforementioned appeal is hereby increased to an amount not
to exceed $5,500,000. (Motion ADOPTED.)
QUADSIL, INC. – IFT APPLICATION
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that an application dated June 3,
2004 was received June 7, 2004 from QuadSil, 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 Eastwick
Industrial Park Industrial Development District relating to new facilities for
both real and personal property with the facility intended to provide for the
construction of a new 5,000 square foot Silicone Solutions and Application
Center along with associated personal property in the amount of $758,048.97
relating to new facility approval to allow further expansion in the Eastwick
Industrial Park Industrial Development District is hereby acknowledged,
received, and ordered placed on file in the City
RESOLVED FURTHER, a hearing shall be held
before the City Council on Monday, July 12, 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
NEW BUSINESS
The City Council discussed the issue of local
preference in purchasing. Council asked
for a future presentation by the Purchasing Agent on the City’s purchasing
process. City staff will also prepare a
brief report on local preference.
CLOSED SESSION – WRITTEN OPINION BY CITY ATTORNEY
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with
Section 8(h) of Public Act 267 of the Public Acts of the State of Michigan of
1976, as amended, and upon adoption of this resolution by at least four (4)
affirmative votes of the
Being no further business the
meeting adjourned at
______________________________________
John E. Duso, Deputy City