A regular meeting of the
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Councilmen present: |
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Councilmen absent: |
None |
Approval of the minutes of the
TRICK-OR-TREAT FOR UNICEF MONTH
Communications Coordinator Libby Richart introduced Mary Jane Ditzler, chairperson for the Midland Area UNICEF Committee. Ms. Ditzler, with three trick or treaters, gave a brief overview of the “Trick-or-Treat for UNICEF” program and presented the Mayor with three decorated pumpkins. 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 month of October
as “Trick-or-Treat for UNICEF” Month in
MCTV MONTH
MCTV Director Ron Beacom introduced a proclamation recognizing the 20th Anniversary of Midland Community Television and shared with the Council highlights from the past 20 Years. MCTV will celebrate its anniversary month at the annual “Honors Night” recognition event on October 16 and by cablecasting programs from the MCTV archives. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, community
members and organizations have submitted approximately 16,000 programs during
these 20 years; now therefore
RESOLVED, that the Mayor is authorized to
issue the attached proclamation designating October as MCTV Month in
FIRE PREVENTION WEEK
City of
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 3 - 9, 2004, as FIRE PREVENTION WEEK in Midland. (Motion ADOPTED.) Mayor Black presented the proclamation to Chief Garcia.
NOTE: SEVERAL OF THE FOLLOWING AGENDA ITEMS WERE TAKEN OUT OF ORDER AT THE REQUEST OF THE MAYOR. FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND FOR THE EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA, NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.
BUDGET PRIORITIES COMMUNITY ROUNDTABLE DISCUSSIONS
City
WHEREAS, at the request of the
WHEREAS, the staff recommends that the firm of Kezziah Watkins be retained to conduct the community roundtable discussions; and
WHEREAS, sufficient funding exists in the General Fund budget; now therefore
RESOLVED, that the City
RESOLVED FURTHER, that in accord
with Section 2-19 of the City of Midland Code of Ordinances the City
DOW CHEMICAL COMPANY PLANT REHABILITATION DISTRICT
City Assessor Reid Duford introduced a
resolution to establish a rehabilitation district for The Dow Chemical Company’s
Saran Saphire II Plant. A public hearing
opened at
Jenee Velasquez, Executive
Director for Midland Tomorrow, spoke in support of Council approval for the
district. The public hearing closed at
WHEREAS, the
A parcel of land situated in the Southeast ¼ of Section 22, Town 14 North, Range 2 East, City of Midland, Midland County, Michigan, described as:
Commencing at the Southeast corner of said Section 22, Town 14 North, Range 2 East thence North 01º 04’55” East 1195.96 feet along the East line of the Southeast ¼ of said Section 22, thence West 351.03 feet to the point of beginning. Thence continuing West 360.00 feet, thence South 39.00 feet, thence West 180.00 feet, thence North 119.00 feet along the Westerly wall of #564 Building, thence East 180.00 feet along column line #15 if extended in #564 Building, thence North 198.00 feet along the Easterly line of #564 Building, thence East 45.50 feet, thence South 17.50 feet, thence East 20.50 feet between Silos #4 and #5, thence South 20.50 feet between Silos #4 and #1, thence East 21.00 feet along the South side of Silo #1, thence North 61.00 feet along the East side of Silos #1, #2 and #3, thence West 44.00 feet along the North side of Silos #3 and #6, thence North 21.50 feet, thence West 4.00 feet, thence North 64.50 feet, thence East 55.00 feet along a line parallel with and 24.00 feet North of #989 Building, thence South 67.00 feet, thence East 54.00 feet, thence North 89.96 feet to the intersection of the South line of “E” Street and the centerline of railroad spur #B244, thence East 71.40 feet along the South line of “E” Street, thence South 79.96 feet along the line between truck loading spots “C” and “D” if extended, thence West 11.40 feet to the Northwest corner of a existing fire pit, thence South 16.50 feet, thence East 39.50 feet, thence South 51.50 feet, thence East 32.50 feet along the South side of the tank farm containment dike, thence North 49.50 feet along the East side if said dike, thence East 80.00 feet along the South line of a storage tank dike if extended East, thence South 311.50 feet along the West line of 20th Street to the point of beginning. Containing 139,807.6 square feet, more or less.
; and
WHEREAS, the request for the establishment of the proposed district is in connection with a probable future restoration, replacement or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and
WHEREAS, the
RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and
RESOLVED FURTHER, that the
RESOLVED FURTHER, that the above described property is hereby established as the Saran Saphire II Plant Rehabilitation District No. 1 within the meaning of said Public Act 198. (Motion ADOPTED.)
04-05 DDA BUDGET AMENDMENT
Downtown Coordinator Christin O’Callaghan
presented a resolution to amend the 2004-2005 Downtown Development Authority
budget to provide for funding a part-time office assistant for the downtown
coordinator’s office. A public hearing
opened at
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, September 27, 2004, on the proposal to amend the 2004-2005 Downtown Development Authority budget to provide $14,000 of funding to hire a part-time Office Assistant; now therefore
RESOLVED, that the 2004-2005 Downtown Development Authority budget be
amended to increase appropriations by $14,000 for reasons provided in the
preceding paragraph. (Motion ADOPTED.)
PUBLIC COMMENTS
No comments were made.
2004 CITY COUNCIL GOALS UPDATE
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the attached
report providing an update on the 2004
SAG-MID MUNICIPAL WATER SUPPLY CORP – PROPOSED IMPROVEMENTS
Utilities Director Noel Bush introduced Michael
Quinnell, Manager of the Saginaw-Midland Municipal Water Supply Corporation,
who presented a report on proposed piping and electrical improvements to the
Saginaw-Midland Municipal Water Supply system and information on approaches for
bonding for the costs of the improvements should they be undertaken. The following resolution was then offered by
Councilman Myers and seconded by Councilman Rokosz:
WHEREAS, the Saginaw-Midland Municipal Water Supply Corporation has
prepared a report on water system reliability; and
WHEREAS, this report recommends that proposed yard piping improvements
be engineered and a study be undertaken to improve electrical power
reliability; and
WHEREAS, the
RESOLVED, that the Midland
RESOLVED FURTHER, that the Midland
RESOLVED FURTHER, that the Midland
CHOICE HOUSE PURCHASE AGREEMENT –
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City of
WHEREAS, an agreement to purchase said property, dated September 20, 2004, was submitted by Amy T. Bates, in the amount of the appraised value of $80,000.00, plus the value of selected appliances; and
WHEREAS, the purchaser will
obtain a mortgage, the proceeds of which are to be disbursed to the City of
WHEREAS, a second mortgage, not to exceed $16,600.00, providing a maximum of 20 percent down payment assistance, will be recorded and held at zero-interest, with payments deferred until the first mortgage is paid in full; now therefore
RESOLVED, that the
RESOLVED FURTHER, that the Mayor
and City
PLANNING COMMISSION RESIGNATION – GEISLER
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the resignation of James Geisler as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Geisler for his service on this important Commission. (Motion ADOPTED.)
PLANNING COMMISSION APPOINTMENT - EYRE
Mayor Black introduced a Council discussion
for appointing a candidate to fill a vacancy on the Planning Commission. He explained that on
RESOLVED, that William Eyre is
hereby appointed as a Citizen-at-Large member to the Planning Commission to
fill an unexpired term expiring
Director of Public Services Martin McGuire
presented a report on the construction of the Chippewa Trail from the Tridge to
the
WHEREAS, on March 24, 2003,
WHEREAS, the March 24, 2003 resolution further approved that the City
provide maintenance services on the portion of the trail which is on City
property; and
WHEREAS, officials of the
WHEREAS, on September 7, 2004, the Parks and Recreation Commission
passed a resolution recommending that the Council grant permission for the
construction of the trail on City property; now therefore
RESOLVED, that the
RESOLVED FURTHER, that the
CITY COUNCIL 2005
REGULAR MEETING DATES
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that regular meetings
of the Midland
January 10 and 24 February 7 and 21
March 7 and 21 April 11 and 25
May 9 and 23 June 13 and 27
July 11 and 25 August 8 and 22
September 12 and 19 October 10 and 24
November 14 and 28 December 5 and 19
;and
RESOLVED FURTHER, that the City
RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and
RESOLVED FURTHER, that proposed
minutes of a meeting will be available for public inspection during regular
business hours, at the office of the City
PURCHASE - LIQUID CALCIUM CHLORIDE
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 furnishing approximately 15,000 gallons of 32% liquid calcium chloride and approximately 62,000 gallons of 38% liquid calcium chloride for a one year period; and
WHEREAS, sufficient funding for the purchase of these materials, which are used for snow, ice and dust control, have been provided in various Local Street Fund and Major Street Fund budgets and the total amount of purchases will not exceed the funding available; now therefore
RESOLVED, that the low sealed proposal meeting City specifications submitted by Liquid Calcium Chloride Sales, Inc. of Kawkawlin, Michigan of $0.255 per gallon for furnishing the 32% liquid calcium chloride and $0.319 per gallon for furnishing the 38% liquid calcium chloride is hereby accepted; and the Purchasing Agent is authorized to issue a purchase order in accord with the proposal and City specifications. (Motion ADOPTED.)
CONTRACT ASSESSOR –
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City desires to
retain a Contract Assessor for purposes of providing contractual professional
services to the City of Midland’s
WHEREAS, the City agrees to pay the Contract Assessor a fee, for reviewing, supervising and certifying the 2005 assessment roll, in the amount of Twenty Five Thousand Dollars and no/100 ($25,000.00), payable in two (2) equal installments of Twelve Thousand Five Hundred Dollars and no/100 ($12,500.00) each, on December 1, 2004 and April 1, 2005; and
WHEREAS, the City agrees to pay the Contract Assessor for the additional services as at a rate of Seventy Five Dollars and no/100 ($75.00) per hour, on a portal to portal basis; now therefore
RESOLVED, that the Council
authorizes the Mayor and City
WATER FUND NORTHEAST PRESSURE DISTRICT – CHANGE ORDER #2
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, phase 1 of the
Northeast Pressure District (NPD) water system improvements are nearly
complete, and will address current low-pressure problems in the northeast
quadrant of the City, requiring the installation of a 24-inch main, a nine (9)
mgd pump station, and isolation and control valves; and
WHEREAS, in July 2003 the City retained the
engineering services of Fishbeck, Thompson,
WHEREAS, in February 2004
Council authorized change order #1 to the FTC&H purchase order in the
amount of $26,300.00 to provide a comprehensive proposal for preparing the
final design, bid specifications and construction oversight services for the
valve vault segment of the NPD project, bringing the purchase order to a total
of $111,000.00; and
WHEREAS, the pump station
and valve vault construction segments of the NPD project are nearly complete,
and the closeout is expected to be finished by the end of October 2004, five
months behind the original completion date of May 2004; and
WHEREAS, due to the delays
to the construction and procurement of pumping and valve equipment FTC&H is
requesting change order #2 in the amount of $15,000.00 to recover costs for
additional engineering efforts and to closeout both the pump station and valve
vault construction segments of the NPD project, bringing the purchase order to
a total of $126,000.00; and
WHEREAS, staff have been
pleased with the engineering work that FTC&H has done up to this point, and
we further recognize that the delays in the construction and equipment
procurement process have caused additional engineering efforts and expense, and
based on this we recommend authorizing proposed change order #2 in the amount
of $15,000.00, as it will fulfill the project needs, reduce further delays, and
ensure a high level of quality control; and
WHEREAS, funding for change
order #2 is provided in the Northeast Pressure District Project; now therefore
RESOLVED, that based upon
the recommendation of the City staff, change order #2 in the amount of
$15,000.00 to the existing Fishbeck, Thompson,
FINAL DRAFT OF PROPOSED ZONING ORDINANCE
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that notice is hereby given that a
public hearing will be held by the
RESOLVED FURTHER, a copy of the Zoning
Ordinance and map may be reviewed at the Grace A. Dow Memorial Library, 1710
West St. Andrews Road, the Planning Department, City Hall, 333 West Ellsworth
Street and on the City of Midland web site www.midland-mi.org;
and
RESOLVED FURTHER, that the City
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 727,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP.
The City of
Section
1. That the Zoning Map of Ordinance No.
727, being the Zoning Ordinance of the City
of
Section
2. All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed only
to the
extent necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
DOW CHEMICAL
COMPANY BROWNFIELD REDEVELOPMENT PLAN NO. 3
The
following resolution was offered by Councilman Myers and seconded by Councilman
McKeag:
WHEREAS, the
WHEREAS, in order to further such
interests, it is appropriate for the
WHEREAS, pursuant to the Act,
this Council is required (a) to hold a public hearing on the approval of a
proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to
publish notice of said public hearing to be published in the Midland Daily
RESOLVED, that:
(Motion ADOPTED.)
2004-05 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, October 11, 2004, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Storm Water Management Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2004-2005 fiscal year and to amend the financial working plans of the Landfill Fund, Parking Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund, and Service Center Rental Fund for the 2004-2005 fiscal year in order to provide funding for June 30, 2004 encumbrances. (Motion ADOPTED.)
Being no further business the meeting adjourned at
______________________________________
Selina Tisdale, City