June 13, 2005

 

A regular meeting of the City Council was held on Monday, June 13, 2005, 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 May 23, 2005 special and regular and June 1, 2005 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

Some agenda items were taken out of order at the pleasure of the Mayor.  The original order of the agenda has been retained for ease of information retrieval.

 

AMATEUR RADIO WEEK

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 19-26, 2005, as Amateur Radio Week in Midland.   (Motion ADOPTED.)

 

ZONING PETITION NO. 519

Assistant City Manager Jon Lynch introduced Zoning Petition No. 519 to rezone property at 31 Cheryl Drive from Township Zoning to Residential A-1.  A public hearing opened at 7:07 p.m., recognizing no public comments, the hearing closed at 7:07 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1601

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 TO PROVIDE A RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

HOMER TOWNSHIP, MIDLAND COUNTY, MICHIGAN T14N R1E LOT 15 STARK’S SUBDIVISION.

be, and the same is hereby changed to Residential A-1.

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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.  (Ordinance ADOPTED.)

 


ZONING PETITION NO. 521

Assistant City Manager Jon Lynch introduced Zoning Petition No. 521 to rezone property at 221 W. Wackerly Street from Office Service to Community Commercial.  A public hearing opened at 7:30 p.m.  Sheila Messler spoke on behalf of the petitioner Bennett Construction in support of the rezoning request.  Kim Krantz, owner of Coffee Chaos, 6201 Jefferson Avenue, spoke in support of the rezoning.  Dr. Jeffrey DuLude, 314 Northgate Drive, spoke in opposition to the rezoning.  Dr. Chris Jones, Northgate Drive, spoke in opposition to the rezoning.  Richard Fosgitt, Bartow and King Engineers, spoke on behalf of the development and clarified information pertaining to the retention pond and the grading of the current site.  The public hearing closed at 8:11 p.m.  The following ordinance amendment was offered by Councilman Johnson and seconded by Councilman McKeag:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 TO PROVIDE A COMMUNITY COMMERCIAL ZONING WHERE A OFFICE SERVICE ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Part of the northeast ¼ of the northeast ¼ of Section 4, T14N R2E, City of Midland, Midland County, Michigan described as commencing North 89 degrees 46 minutes 07 seconds West 648.35 feet along the north section line, and South 00 degrees 35 minutes 07 seconds East 40.00 feet from the Northeast section corner to the Point of Beginning, thence South 00 degrees 35 minutes 07 seconds East 224.10 feet, thence South 89 degrees 46 minutes 07 seconds East 165.00 feet, thence North 00 degrees 35 minutes 07 seconds West 224.10 feet, thence North 89 degrees 46 minutes 07 seconds West 165.00 feet parallel to and 40 feet south of the North section line to the Point of Beginning.

be, and the same is hereby changed to Community Commercial.

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.  (Ordinance DENIED.  Yeas:  Rokosz, Myers    Nays:  Black, McKeag, Johnson)

 

VACATION OF E. ELLSWORTH & LYON ST (DOW CHEMICAL CO)

Assistant City Manager Jon Lynch introduced a request from The Dow Chemical Company to vacate E. Ellsworth Street from Haley Street to Third Street and to vacate Lyon Street from E. Ellsworth Street to Buttles Street.  A public hearing opened at 8:35 p.m.  Mike Babcock, representing The Dow Chemical Company, spoke in favor of the vacation.  The hearing closed at 8:36 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, the Midland City Council, acting upon the request of the Dow Chemical Company, Michigan Operations for vacation of East Ellsworth Street from Haley Street to Third Street, vacation of Lyon Street from East Ellsworth Street to Buttles Street and vacation of Patrick Street from East Ellsworth Street to Buttles Street referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of East Ellsworth Street from Haley Street to Third Street and vacation of Lyon Street from East Ellsworth Street to Buttles Street subject to retained utility easements; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation of East Ellsworth Street from Haley Street to Third Street and vacation of Lyon Street from East Ellsworth Street to Buttles Street; and

RESOLVED FURTHER that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion ADOPTED.)

 

2004-05 MAJOR STREET FUND BUDGET AMENDMENT

City Engineer Brian McManus presented an amendment to increase expenditures by $100,000 in the 2004-05 Major Street Fund budget to provide additional funding for the Ashman Street Reconstruction project. A public hearing opened at 8:40 p.m., recognizing no public comments, the hearing closed at 8:40 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

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 13, 2005 on the proposal to amend the Major Street Fund’s 2004-05 budget to increase expenditures to provide additional funding in the amount of $100,000 for the Ashman Street project; and

WHEREAS, funding for this expenditure will come from the Major Street Fund Balance; now therefore 

RESOLVED, that the 2004-05 budget of the Major Street Fund be amended to increase expenditures by $100,000 for the Ashman Street project.  (Motion ADOPTED.)

 

2004-05 PROPOSED BUDGET AMENDMENTS

Police Chief James St. Louis presented information regarding three amendments to the 2004-05 General Fund budget to recognize grants from the Michigan State Police Office of Highway Safety Planning for the Summer Enforcement campaign, the creation of the Traffic Enforcement Association of Michigan and the purchase of traffic accident investigation equipment. A public hearing on all three amendments was opened at 8:45 p.m., recognizing no public comments, the hearing closed at 8:45 p.m. The following three resolutions were then presented for consideration. 

 

2004-05 BUDGET AMENDMENT (SUMMER ENFORCEMENT)

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

 

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 13, 2005 on the proposal to amend the 2004-05 General Fund Budget to recognize the receiving of a grant from the Office of Highway Safety Planning in the amount of $44,760.00 for the purpose of reimbursing the overtime wages for the officers of the Midland Police Department and Midland County Office of the Sheriff during the “Summer Enforcement” campaign involving seatbelt and alcohol driving violation enforcement; now therefore

RESOLVED, that the 2004-05 General Fund Budget is hereby amended to increase revenue by $44,760.00 to recognize the grant received from the Office of Highway Safety Planning and to increase expenditures by $44,760.00 to recognize the expenses related to the holiday seat belt enforcement project.  (Motion ADOPTED.)

 

2004-05 BUDGET AMENDMENT (TRAFFIC ENFORCEMENT)

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

 

WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and having given proper notice, and having conducted a public hearing on Monday, June 13, 2005 on the proposal to amend the 2004-05 General Fund Budget to recognize the receiving of a grant from the Office of Highway Safety Planning in the amount of $25,000.00 for the purpose of creating and organizing the “Traffic Enforcement Association of Michigan;” now therefore

RESOLVED, that the 2004-05 General Fund Budget is hereby amended to increase revenue by $25,000.00 to recognize the grant received from the Office of Highway Safety Planning and to increase expenditures by $25,000.00 to recognize the expenses related to the creation and organizing of the “Traffic Enforcement Association of Michigan”.  (Motion ADOPTED.)

 

2004-05 BUDGET AMENDMENT (MACP AWARD)

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

 

WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and having given proper notice, and having conducted a public hearing on Monday, June 13, 2005 on the proposal to amend the 2004-05 General Fund Budget to recognize the receiving of a “MACP Award Grant” from the Office of Highway Safety Planning in the amount of $1,000.00 for the purpose of purchasing traffic accident investigation equipment; now therefore

RESOLVED, that the 2004-05 General Fund Budget is hereby amended to increase revenue by $1,000.00 to recognize the “MACP Award Grant” received from the Office of Highway Safety Planning and to increase expenditures by $1,000.00 to recognize the expenses related to the purchase of traffic accident investigation equipment.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SEWER RATE ORDINANCE AMENDMENT (first reading)

Utilities Director Noel Bush presented information on the first reading of ordinance amending the City of Midland sewer rates.  Introduction and first reading of the following ordinance amending the City of Midland sewer rates 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 28-163 OF DIVISION 3 OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

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

Sec. 28-163. Amount of sewer charge.

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

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

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

Metered Service

Amount

AMOUNT

     5/8" – ¾"

$31.08

 $32.14

1"

        40.40

 41.78

1 – ½"

        49.73

 51.42

2"

        80.81

 83.56

3"

      310.80

 321.40

4"

      404.04

 417.82

6"

      590.52

 610.66

8"

      839.16

 867.78

(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               $1.57

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

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

 

CONDITIONAL USE PERMIT NO. 15

Assistant City Manager Jon Lynch reviewed Conditional Use Permit No. 15 for a commercial parking lot at 425 Waldo Avenue.  This item was tabled at the May 23, 2005 City Council meeting.  Mr. Lynch presented a revised site plan as provided by the petitioner.  Richard Fosgitt, from Bartow and King Engineers, commented in support of the revised plan.  Mike Misze, 419 Waldo Avenue, spoke in support of the revised 28 foot setback revision but commented that he would like to see the berm and southern-most rows of Blue Spruce trees removed and a fence constructed.  Mr. Misze also commented on the intrusion of the outdoor grilling and shared concerns about the hours of parking lot use.  Rhonda Stoll, 3128 Bay City Road, encouraged City Council to look at the greater neighborhood when considering this decision.  John Rapanos, Midland, spoke on behalf of the petitioner noting that he intends for the berm to remain but would agree to removing the southern-most line of trees and constructing a fence.  Councilman Rokosz moved seconded by Councilman Myers to remove Conditional Use Permit No. 15 from the table.  (Motion ADOPTED.)  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

WHEREAS, Richard Fosgitt of Bartow & King Engineers on behalf of Judith Ann Rapanos has submitted a request for a conditional  use permit review and approval for a commercial parking lot at 425 Waldo Avenue; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval with contingencies, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; and

WHEREAS, the City Council tabled action on the recommended plan during its meeting of May 23rd and has received and reviewed a revised site plan; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 15, in accord with documents received May 25, 2005 conditioned upon the following:

1.   Parking space 28 is eliminated if recommended by the Fire Department.

2.   A storm water retention plan is approved by the Engineering Department.

3.   Remove existing row of trees adjacent to the south property line.

4.   Install 30’ of 6-8’ high fence along south property line, screening the adjoining house.

5.   No grilling in the new parking lot.

(Motion ADOPTED.)

 

COUNTRYSIDE ESTATES PHASE TWO – PRELIMINARY PLAT TIME EXTENSION

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

 

WHEREAS, the City Council has received a request from Keith L. Schroeder, President of Schroeder Builders, Inc. requesting a two year extension approval for the Final Approval of the Preliminary Plat of Countryside Estates Phase Two; and

WHEREAS, Final Approval of the Preliminary Plat expired May 12, 2005; and

WHEREAS, the City Council has reviewed the request for the time extension of the Final Approval of the Preliminary Plat of Countryside Estates Phase Two; now therefore

RESOLVED, that the City Council does hereby approve a two-year time extension until May 12, 2007, for the Final Approval of the Preliminary Plat of Countryside Estates Phase Two.  (Motion ADOPTED.)

 

SALE OF HOUSE AT 322 E. HALEY – PURCHASE AGMT

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

WHEREAS, the City of Midland desires to enter into a contract for the sale of a house at 322 E. Haley Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated May 17, 2005, was submitted by Beth R. Sieggreen, in the amount of  $47,000.00; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-02

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

 

RESOLVED, that Traffic Control Order No. S-05-02 filed April 4, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Merlin Court shall stop for Northgate Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-05-03

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

 

RESOLVED, that Traffic Control Order No. S-05-03 filed April 4, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Dover Court shall stop for Northgate Drive.

is hereby made permanent.  (Motion ADOPTED.)

 

LOCAL BRIDGE PROGRAM FUNDING APPLICATION

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

 

WHEREAS, the Michigan Department of Transportation is soliciting applications for rehabilitation projects within the Local Bridge Program; and

WHEREAS, Airport Road over Sturgeon Creek meets criteria for Federal and State bridge rehabilitation funding; and

WHEREAS, Selected projects will be funded during the State 2007/8 and 2008/9 fiscal years; and

WHEREAS, the State requires signed and dated approval from the governing board supporting the project before considering bridge rehabilitation funding; and

WHEREAS, City Council has reviewed the 2005 Application for Local Bridge Funding; now therefore

RESOLVED, that the City Council actively seek Local Bridge Federal and State participation in the structural rehabilitation of Airport Road over Sturgeon Creek.  (Motion ADOPTED.)

 

2005-06 PROPERTY AND LIABILITY INSURANCE

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the various insurance requirements of the City of Midland for its fiscal year beginning July 1, 2005; and

WHEREAS, funding for these purchases is provided in the 2005-06 budgets of the General Fund and other funds; now therefore

RESOLVED, that the proposal submitted by the Meadowbrook Insurance Group, and the Michigan Municipal League Liability and Property Pool for property and liability insurance in the amount of $632,284 is hereby accepted as being the most favorable to the City of Midland.  (Motion ADOPTED.)

 

2004 ANNUAL DRINKING WATER QUALITY REPORT

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

 

RESOLVED, that the 2004 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

2005-06 SAG-MID MUNICIPAL WATER SUPPLY BUDGET (Capital Imp & Emergency Repair)

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2005/06 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $108,000.00 is approved by the Midland City Council.  (Motion ADOPTED.)

 

JULY 2005 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and

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

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

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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

 

JULY 2005 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland County Educational Service Agency has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and

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

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

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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

 

JULY 2005 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and

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

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

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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

 

JULY 2005 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and

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

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

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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

 

JULY 2005 TAX LEVY – DELTA COLLEGE

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

 

WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland, for the year 2005; and

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

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

RESOLVED, that the City Council hereby approves said request and hereby authorizes the City Treasurer to collect and distribute the 2005 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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

 

JULY 2005 TAX LEVIES

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

 

RESOLVED, that the City Assessor is hereby authorized and instructed to spread upon the July 2005 tax roll, Special Assessments in the various amounts as indicated herein:

Street Improvement Rolls

         1994 Street Improvement                                                                        $    3,144.48

         1996 Street Improvement                                                                              4,858.35

         2001 Street Improvement                                                                              5,310.05

         2002 Street Improvement                                                                            24,373.70

                        Subtotal Street Improvement Rolls                                           $  37,686.58

Sanitary Sewer Improvement Rolls

         1994 Sanitary Sewer Improvement                                                         $    1,614.51

         1996 Sanitary Sewer Improvement                                                               2,701.09                          1998 Sanitary Sewer Improvement                                                                                  1,828.21

         2001 Sanitary Sewer Improvement                                                                  937.67

         2002 Sanitary Sewer Improvement                                                             25,222.98

         2003 Sanitary Sewer Improvement                                                             20,069.60

                        Subtotal Sanitary Sewer Improvement Rolls                            $  52,374.06

Water Main Improvement Rolls

         1995 Water Main Improvement                                                                $    1,051.96

         1998 Water Main Improvement                                                                    20,682.80

         2002 Water Main Improvement                                                                    23,222.10

                        Subtotal Water Main Improvement Rolls                                   $  44,956.86

Sidewalk Improvement Rolls

         2000 Sidewalk Improvement                                                                          1,309.31

         2001 Sidewalk Improvement                                                                          1,728.90

           2004 Sidewalk Improvement                                                                        7,185.30

                        Subtotal Sidewalk Improvement Rolls                                     $    10,223.51

2005 Downtown Economic Revitalization Roll (SARA)                                   $   36,005.00

Accounts Receivable Roll                                                                                $   26,563.43

TOTAL SPECIAL ASSESSMENT ROLL                                                         $ 207,809.44

 and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2005 General Fund Tax Roll Accounts Receivable.  (Motion ADOPTED.)

 

PARKS & REC COMMISSION – RESIGNATION AND APPT

Mayor Black led a discussion regarding the acceptance of Rob Donovan’s resignation from the Parks and Recreation Commission and the appointment of Paula Jurado, a candidate recently interviewed by City Council for a different Parks and Recreation Commission vacancy.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby accepts the resignation of Robert Donovan from the Parks and Recreation Commission; and

RESOLVED FURTHER, that Paula Jurado is hereby appointed to fill the citizen-at-large position on the Parks and Recreation Commission for a term expiring June 30, 2006.  (Motion ADOPTED.)

 

SIDEWALK CONSTRUCTION AGREEMENT

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

 

WHEREAS, on May 9, 2005, City Council granted property owners in the 2005 Sidewalk Improvement Program the option of installing their own sidewalks upon submission of a legal agreement acceptable to the City Attorney; and

WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement to be used for said purpose and which states that the sidewalk must be constructed by no later than July 31, 2005; and

WHEREAS, the City Engineering Department has received one (1) Sidewalk Construction Agreement from a property owner desiring to install their own walk which is listed below:

PARCEL CODE

 

OWNER

 

14-24-60-010

DAVID C. BRADLEY

; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign the Sidewalk Construction Agreement prepared by the City Attorney for parcels in the 2005 Sidewalk Improvement Program.  (Motion ADOPTED.)

 

MICHITARIO FIREWORKS DISPLAY

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

 

RESOLVED, that the request of the MichiTario Committee to conduct a fireworks display on Saturday, July 9, 2005, at dusk in Chippewassee Park, is hereby approved subject to meeting the following requirements:

  • The fireworks display company must provide a certificate of liability insurance at least five (5) days before the event, naming the City of Midland as certificate holder and additional insured.  Minimum coverage must be $1,000,000 per occurrence, $5,000,000 aggregate.
  • NFPA 1123 requirements must be met.
  • A site inspection must be conducted by the Fire Department prior to the shoot.
  • Monitors are required for crowd control.
  • Spectators shall not be allowed in the fallout area.

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion ADOPTED.)

 

YOUTH ARTISTS MARKET

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

 

RESOLVED, that the City Council hereby approves the request of the Downtown Development Authority and the Creative Spirit Center to hold a Youth Artists Market in the Farmers Market facility from 6:00 - 8:00 p.m. on Thursday, July 21, 2005, with the following conditions:

  • A Hold Harmless Agreement, drafted by the City Attorney, be executed and submitted to the City Manager’s Office no less than five business days prior to the event.
  • If vendors are taking orders for future delivery of goods, they need a solicitors license.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 


GOLD WING ROAD RIDERS ASSOCIATION FIREWORKS DISPLAY

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

 

RESOLVED, that the request of the Gold Wing Road Riders Association to conduct a fireworks display on Saturday, August 6, 2005, with a rain date of August 7, at dusk at the Midland County Fairgrounds, is hereby approved subject to meeting the following requirements:

  • The fireworks display company must provide a certificate of liability insurance at least five (5) days before the event, naming the City of Midland as certificate holder and additional insured.  Minimum coverage must be $1,000,000 per occurrence, $5,000,000 aggregate.
  • NFPA 1123 requirements must be met.
  • A site inspection must be conducted by the Fire Department prior to the shoot.
  • Monitors are required for crowd control.
  • Spectators shall not be allowed in the fallout area.
  • 48 hours prior to the event Steve Bile must be contacted at 835-2952 so that a NOTAM can be issued.

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion ADOPTED.)

 

AIRPORT ROAD EXTENSION PROJECT – LAND PURCHASE

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

 

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

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

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

RESOLVED,  that the City Manager is authorized to pay the Midland County Road Commission an amount up to $66,000 of County Road Millage Funds to acquire land from Carl and Joyce Link and for associated closing costs.  (Motion ADOPTED.)

 

AIRPORT ROAD EXTENSION PROJECT – CONTRACTED LEGAL SERVICES

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

 

WHEREAS, on September 29, 2003 City Council authorized the Mayor and City Clerk to execute an agreement between the Midland County Road Commission and the City of Midland regarding the extension of Airport Road as well as an agreement regarding common representation of the Midland County Road Commission and the City of Midland with the law firm of Miller, Canfield, Paddock & Stone, PLC; and

WHEREAS, on February 21, 2005 City Council authorized payment to Miller, Canfield, Paddock & Stone, PLC for the aforementioned contracted legal services in a total amount not to exceed $75,000; and

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; and

WHEREAS, sufficient budgetary funding exists within the 2004-2005 and 2005-2006 Major Street Fund Budgets; 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 Miller, Canfield, Paddock & Stone, PLC for contracted legal services in connection with the aforementioned matter is hereby authorized in an amount not to exceed $100,000.  (Motion ADOPTED.)

 

LEGAL SERVICES – CABLE FRANCHISE FEE LAWSUIT

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

 

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, on October 25, 2004, the City Council authorized payment to Kitch, Drutchas, Wagner, DeNardis & Valitutti for their services in connection with this lawsuit in an amount not to exceed $45,000; and

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; and

WHEREAS, sufficient budgetary funding exists within 2004-2005 and 2005-2006 Cable Communications Fund Budgets; 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 $60,000.  (Motion ADOPTED.)

 

POLICE OFFICERS LABOR COUNCIL/MIDLAND POLICE COMMAND GROUP CONTRACT

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Officers Labor Council/Midland Police Command Group for labor contract changes effective July 1, 2005 and expiring June 30, 2010; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

SENIOR HOUSING HEALTH CARE SERVICES CONTRACT

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

 

WHEREAS, this bid was previously awarded to Seasons Change as low bidder on February 21, 2005, but Seasons Change was not able to fulfill the terms of the contract during the first six weeks of the contract period, thereby resulting in a termination of said contract between the City of Midland and Seasons Change; and

WHEREAS, the bid specifications are for a three (3) year period beginning May 20, 2005 during which the cost is adjusted annually no more than by the CPI percentage for Medical Care Services, North Central Region; and

WHEREAS, the Senior Housing facilities would like to enter into a contract with HEARTLAND HOME HEALTH CARE, 401 Center Avenue, Bay City, Michigan, to provide optional services to the regular residents of Washington Woods and Riverside Place and Assisted Living services to those enrolled residents of Riverside Place; and

WHEREAS, Heartland Home Health Care submitted the second lowest bid, and is determined by City staff to be in accordance with the bid specifications; and

WHEREAS, the Senior Housing residents will pay for these services on a User Fee basis; and

WHEREAS, a contract has been reviewed by the City Attorney and Heartland Home  Health Care; now therefore

RESOLVED, that the previous award to Seasons Change be canceled and that the proposal of Heartland Home Health Care be accepted as most favorable to the City; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to sign the contract drafted and approved by the City Attorney in accord with the proposal and the City’s specifications.  (Motion ADOPTED.)

 

ANNUAL PURCHASE OF CALCIUM OXIDE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Calcium Oxide, Bid No. 2851, for the period of one year beginning July 1, 2005, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been budgeted in the 2005/06 Water Fund, account #591-8162-811.76-56 - Chemicals; now therefore

RESOLVED, that the low sealed proposal submitted by Carmeuse Lime of Pittsburgh, PA for the indicated price per ton of  $115.25 for up to 1,250 tons per year, at a total contract amount not to exceed $144,062.50, is hereby accepted and a purchase order is authorized.  (Motion ADOPTED.)

 

ANNUAL PURCHASE OF FERRIC CHLORIDE

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

 

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Ferric Chloride, Bid No. 2851, for the period of one year beginning July 1, 2005, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been provided in the 2005/06 budgets for the Water Fund account #591-8162-811.76-56 - Chemicals and in the Wastewater Fund account #590-8144-811.76-56 - Chemicals.; now therefore

RESOLVED, that the low sealed proposal submitted by PVS Technologies of Detroit, Michigan for the indicated price per ton of  $257.36 for up to 500 tons (250 each for the Water and Wastewater Treatment Plans), at a total aggregate contract amount not to exceed $128,680.00, is hereby accepted and purchase orders are authorized.  (Motion ADOPTED.)

 

MECHANICAL JOINT FITTINGS PURCHASE

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

 

WHEREAS, sealed bids for Bid No. 2852, Mechanical Joint Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lowest total bid received from Municipal Supply Company is not being recommended because the majority of the items contained “no bid”, and none of the items that were bid from this vendor were lower than those submitted by all other vendors; and

WHEREAS, the City will realize a savings of approximately $2,900.00 by dividing the award between Etna Supply and Municipal Supply; and

WHEREAS, funds are available in the Water Fund Inventory Account; now therefore

RESOLVED, that purchase orders are hereby authorized to Etna Supply Company ($25,143.30), and Municipal Supply ($24,265.58), for an aggregate amount not to exceed $49,408.88; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

RUBBER TIRE EXCAVATOR PURCHASE

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 a Rubber Tire Excavator, Bid No. 2854; and

WHEREAS, funding for the new excavator is included in the 2004-05 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Michigan Cat of Saginaw, Michigan in the net amount of $129,465.00 for the purchase of a rubber tire excavator,  including trade-in of city equipment number 6-27, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

ARTICULATED SWEEPER PURCHASE

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 an Articulated Sweeper, Bid No. 2858; and

WHEREAS, funding for the new sweeper is included in the 2004-05 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Bell Equipment of Lake Orion, Michigan in the net amount of $62,065.00 for the purchase of an articulated sweeper, including trade-in of city equipment number 4-42, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 16

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

 

WHEREAS, Richard Connor Riley & Associates has submitted a request for a conditional use permit review and approval for construction of a wireless communications facility at Central Middle School property located at 305 East Reardon Street; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 27, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on June 17, 2005 and to publish said notice on June 18, 2005.  (Motion ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 17

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

 

WHEREAS, Richard Connor Riley & Associates has submitted a request for a conditional use permit review and approval for construction of a wireless communications facility at Northeast Middle School property located at 1305 East Sugnet Road; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland, conditioned on the following:

1.   The entire access surface is made of the geo-grid system.

2.   Surface access to the facility capable of supporting a 60,000 lb. fire apparatus is provided.

3.   The pole is placed at least 120’ from adjoining residentially zoned properties.

;now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 27, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on June 17, 2005 and to publish said notice on June 18, 2005.  (Motion ADOPTED.)

 

APOTHECARY SHOPPE PHARMACIES, LLC – INDUSTRIAL DEVELOPMENT DISTRICT

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

 

WHEREAS, The Apothecary Shoppe Pharmacies, LLC (Kevin Roeder, RPH, the business owner) by means of a letter signed by said party and Antrium Square Properties, LLC (Robert C. Hunt, the property owner), dated April 19, 2005, which was received by the City Clerk on April 25, 2005, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on June 27, 2005 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the eleventh day of July, 2005 to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior the date of the eleventh day of July, 2005, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

CLOSED SESSION

Mayor Black announced City Council will be adjourning to a closed session to discuss pending litigation regarding the Midland Cogeneration Venture vs. City of Midland.  Mayor Black requested that he be allowed to abstain from voting on this item.  Council unanimously agreed to the abstention.  The following resolution was then offered by Councilman Johnson 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 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, specifically Midland Cogeneration Venture vs. City of Midland 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 by a Roll Call Vote.   Yeas:  Johnson, McKeag, Myers, Rokosz   Nays:  None   Abstained:  Black)

 

Being no further business the meeting adjourned to a closed session at 10:05 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk