A regular meeting of the City
Council was held on
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
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
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
RESOLVED
FURTHER, that the City
RESOLVED FURTHER, that upon the expiration of said thirty day
period the roll shall be closed for collection by the City
2004 SIDEWALK
IMPROVEMENT PROGRAM; CONTRACT NO. 17
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
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
WHEREAS, the Eastwick Industrial Park Industrial Development District
was established by resolution of the Midland City Council on
WHEREAS, QuadSil, Inc. made an application dated June 3, 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 $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
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
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
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
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
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
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
EASEMENT – MAINTENANCE OF DRAINAGE DITCH (
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:
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
WHEREAS, the City of Midland annually applies for the
Certificate of Achievement for Excellence in Financial Reporting from the
Government
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
Being no further business the
meeting adjourned to a closed session at
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Selina Tisdale, City