July 12, 2004

 

A regular meeting of the City Council was held on Monday, July 12, 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, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the June 28, 2004 regular and special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented information on the 2004 Sidewalk Improvement Special Assessment District.  A public hearing opened at 7:08 p.m., no comments were made, the hearing closed at 7:08 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $63,954.00 and that the total estimated cost of said improvements is $133,439.00, and the City at large cost is $69,485.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2005, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 2.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion ADOPTED.)

 

2004 SIDEWALK IMPROVEMENT PROGRAM; CONTRACT NO. 17

Assistant City Engineer Bradd Maki reviewed the projects included in the 2004 Sidewalk Improvement Special Assessment District.  He then reviewed information on the bids that were submitted on the project and the successful bidder.  A public hearing opened at 7:12 p.m., no comments were made, the hearing closed at 7:12 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of sidewalks at various locations within the City of Midland; and

WHEREAS, funding for the 2004 Sidewalk Improvement Program is provided by the General Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2004 Sidewalk Improvement Program; Contract No. 17", in the indicated amount of $95,170.00, 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.)

 

QUADSIL, INC. – IFT APPLICATION

City Assessor Reid Duford presented information on a request from QuadSil, Inc. for an Industrial Facilities Exemption Certificate to construct a 5,000 sq. ft. building and purchase personal property for their new business to be located at 210 Arrow Cove Court.  A public hearing opened at 7:15 p.m.  Robert McKellar, representing Arrow Cove and QuadSil, Inc. spoke regarding the company and encouraged City Council support of the Industrial Facilities Exemption Certificate.  Scott Walker, Economic Development Manager for Midland Economic Development Council, spoke in support of QuadSil and encouraged City Council approval.  The public hearing closed at 7:32 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the Eastwick Industrial Park Industrial Development District was established by resolution of the Midland City Council on December 18, 1989; and    

WHEREAS, QuadSil, Inc. made an application dated June 3, 2004, which was received by the City Clerk on June 7, 2004, and was amended on June 25, 2004, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $758,048.97 which consists of new real and personal property with the same being located within the QuadSil, Inc., Eastwick Industrial Park Industrial Development District and is intended to provide for the construction of a new 5,000 square foot Silicone Solutions and Application Center along with associated personal property; 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 July 12, 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 QuadSil, 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 QuadSil, 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 Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and QuadSil, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

2004-05 LIBRARY BUDGET AMENDMENT – TEEN ROOM

Grace A. Dow Memorial Library Director Melissa Barnard presented an amendment to the 2004-05 Library Budget to reflect a $170,000 donation from the Friends of the Grace A. Dow Memorial Library for the development of the new Teen Room.  A public hearing opened at 7:40 p.m., no comments were made, the hearing closed at 7:40 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, City Council approved a resolution on Monday, June 12, 2004 to accept the donation from the Board of Directors of the Friends of the Grace A. Dow Memorial Library to the Grace A. Dow Memorial Library to fund the development of the Teen Room; and

WHEREAS, in accord with Section 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, July 12, 2004, on a proposal to amend the 2004-2005 Grace A. Dow Memorial Library Fund Budget to recognize unanticipated revenues of $170,000 and to appropriate funds for the development of the Teen Room; now therefore

RESOLVED, that the 2004-2005 Grace A. Dow Memorial Library Fund Budget is hereby amended 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.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No comments were made.

 

ORDINANCE AMENDMENT - ATTENDANCE OF BOARDS & COMMISSION MEMBERS

Assistant City Manager Jack Duso presented information on an amendment to Section 2-243 of the Code of Ordinances governing the regular attendance by members of boards and commissions.  He spoke on the current attendance policy and proposed changes to the policy.  City Council discussed amendments to the proposal.  Mr. Duso presented a revised version of the amendment for Council consideration.  Paula Jurado, 4623 Washington Street, spoke in support of the revised amendment.  Introduction and first reading of the following revised ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-243 OF ARTICLE XI OF CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.        Section 2-243 of Article IX of Chapter 2 is hereby amended to read as follows:

Sec. 2-243.  Regular attendance by members of boards and commissions.

The position of a member of any board or commission established by the Charter or the Code of Ordinances of the city THAT MEETS MORE OFTEN THAN QUARTERLY shall be considered vacant if such member shall miss four (4) consecutive regular, HELD meetings of the board or commission, or twenty-five (25) percent of such meetings in any fiscal year of the city, unless such absences shall be excused by the board or commission and the reason therefore entered into the proceedings of said board or commission.  NOTWITHSTANDING THE FOREGOING, THE POSITION OF A MEMBER OF ANY BOARD OR COMMISSION ESTABLISHED BY THE CHARTER OR THE CODE OF ORDINANCES OF THE CITY SHALL BE CONSIDERED VACANT IF SUCH MEMBER SHALL MISS MORE THAN TWENTY-FIVE (25) PERCENT OF REGULAR MEETINGS SCHEDULED IN ANY FISCAL YEAR.

Section 2.        This ordinance shall take effect upon publication.

(Motion ADOPTED.  Considered first reading.)

 

REVISED GUIDELINES FOR WEST MAIN STREET HISTORIC DISTRICT COMMISSION

Assistant City Manager Jon Lynch presented information on revised guidelines for the issuance of certificates of appropriateness prepared by the West Main Street Historic District Commission (HDC).  He reviewed the history of the HDC and how the new guidelines were developed.  HDC Chair Terri Applegate spoke in support of the new guidelines expressing confidence the revised guidelines will satisfy the State Historic Preservation Office (SHPO) regulations while satisfying the concerns expressed by residents of the district.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in April 2001 sixteen individuals representing twelve of twenty-four properties within the West Main Street Historic District signed a petition seeking repeal of Article 7 of Chapter 5 of the Midland Code of Ordinances which establishes the District; and

WHEREAS, on March 10, 2003 the City Council adopted a resolution directing the West Main Street Historic District Commission (HDC) to promptly consider the opinion from the State Historic Preservation Office (SHPO) upon its availability and offer a recommendation regarding delegating authority for issuance of certificates of appropriateness to the Chief Building Official; and

WHEREAS, on October 23, 2003 the HDC found that the proposed delegation of authority to the Chief Building Official would jeopardize availability of state tax credit incentives and therefore requested an opportunity to meet with the SHPO to discuss the recommendations to reach agreement on delegation of authority language acceptable to SHPO, the HDC, and City staff before final action is taken by the City Council; and

WHEREAS, on April 16, 2004 the representatives from the HDC attended a meeting with the State Historic Preservation Office (SHPO) to review acceptable language; now therefore

RESOLVED, that the City Council hereby receives revised guidelines for the City of Midland West Main Street Historic District and directs staff to schedule a public hearing regarding the West Main Street Historic District on August 9, 2004.   (Motion ADOPTED.)

 

EASEMENT – MAINTENANCE OF DRAINAGE DITCH (JOHNSTON PROPERTY)

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

 

RESOLVED, that the attached Deed of Easement from Mr. Dean F. Johnston to the City of Midland, for maintenance of an open ditch north of Commerce Drive through a parcel of land in the Northwest ¼ of Section 33, Township 15 North, Range 2 East, City of Midland, Midland County, State of Michigan, is hereby accepted and that the easement is ordered recorded.  (Motion ADOPTED.)

 


ELKS CLUB - LIQUOR LICENSE

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

RESOLVED, that the request from B.P.O.E. 1610, REQUESTS TO ADD A NEW ENTERTAINMENT PERMIT IN CONJUNCTION WITH 2004 CLUB LICENSE, WITH DANCE PERMIT, LOCATED AT 3622 N. SAGINAW, MIDLAND, MICHIGAN 48640, IN MIDLAND COUNTY be considered for approval.

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

(Motion ADOPTED.)

 

BUDGET TRANSFER REQUEST POLICY ($25,000)

City Controller David Keenan presented a report on amending City policy to allow the City Manager to approve budget transfer requests over $25,000.  William Fagley, 2700 Glendale, questioned the need for a maximum cap amount for a budget transfer request.  Councilman McKeag moved, seconded by Councilman Myers the resolution as submitted.  Councilman Myers moved, seconded by Councilman Rokosz, that the resolution be amended to reflect Council’s desire that the quarterly financial statements including the monthly line item transfer summary report be forwarded to City Council on a quarterly basis as a consent agenda item. The following amended resolution was then presented for consideration:

 

WHEREAS, the City of Midland annually applies for the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada (GFOA); and

WHEREAS, receiving this certificate of achievement is viewed favorably by Federal and State levels of government, financial institutions, and bond rating agencies; and

WHEREAS, the GFOA has identified an inconsistency in the level at which the City adopts its budget and the level at which it enforces its budget; and

WHEREAS, this inconsistency, if not corrected, could cause the City to no longer qualify for the certificate of achievement, or would cause the City to incur additional expense in publishing a separate annual report that identifies each line item of the City’s budget where actual expenditures exceed budget, together with an explanation for the overage; now therefore

RESOLVED, that the City’s policy for approving budget transfers be amended to provide that the City Manager shall be authorized to approve all budget transfers except for transfers involving a “reserve for contingency” account that exceeds $25,000, and transfers between functions; and  

RESOLVED FURTHER, that City Council will continue to receive a separate report on a monthly basis detailing all budget transfers not specifically approved by them.

RESOLVED FURTHER, that the City Manager shall submit the city’s quarterly financial statements including the monthly budget transfer reports on a quarterly basis as a consent agenda item on the city council agenda.  (Motion ADOPTED.)

 

BOOK ORDERING AND PROCESSING SERVICES FOR LIBRARY

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

 

WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and

WHEREAS, the proposal submitted by Brodart Co. was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and

WHEREAS, Brodart Co. has indicated their interest in extending the same discounts, terms and conditions of the current contract into fiscal year 2004/2005; now therefore


RESOLVED, that the current contract with Brodart Co. for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2004/2005 in an amount not to exceed $325,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

REMOTE CONTROL CAMERA EQUIPMENT - MCTV

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 purchase of remote control camera equipment for Council Chambers, Bid No. 2773; and

WHEREAS, funding for the remote control camera equipment is included in the 2004-2005 Cable Communications Fund budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2773 submitted by ProVideo Systems Corporation of Perrysburg, OH for the remote control camera equipment for Council Chambers in the amount of  $36,841 is hereby accepted and the necessary purchase order authorized.  (Motion ADOPTED.)

 

PROPOSED 2004-05 GENERAL FUND BUDGET AMENDMENT

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., Monday, August 9, 2004, in the Council Chambers of City Hall on the proposal to amend the General Fund’s 2004-05 budget to provide additional revenue and expenditures in the amount of $10,000 for special program activities not identified during the inception of the 2004-05 budget.  (Motion ADOPTED.)

 

CLOSED SESSION

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

 

RESOLVED, that in accord with Section 8(e) 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 City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned to a closed session at 8:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk