December 5, 2005

 

A regular meeting of the City Council was held on Monday, December 5, 2005, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 28, 2005 regular meeting was offered by Councilman Myers and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2005 LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

City Clerk/Community Relations Director Selina Tisdale introduced Bruce Peck, Chair of the 2005 Local Officers Compensation Commission (LOCC), who reviewed the findings and determinations of the 2005 LOCC.  Richard McCreadie, 2700 Washington Street, commented on council compensation and opposed council accepting the proposed increase. 

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

 

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation Commission has duly met and approved its 2005 Local Officers’ Compensation Commission Determinations; and

WHEREAS, said determinations were officially filed by the Chairman of the Local Officers’ Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on November 22, 2005; and

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances the determinations made by the Local Officers’ Compensation Commission shall become effective on December 22, 2005 unless said determinations are rejected by a 4/5 vote of the City Council; now therefore

RESOLVED, that the City Clerk’s notification of the filing of 2005 Determinations of the Local Officers’ Compensation Commission of the City of Midland on November 22, 2005 is hereby acknowledged by the City Council as having been received; and

RESOLVED FURTHER, that the City Council hereby directs that an additional copy of the 2005 Determinations of the Local Officers’ Compensation Commission be filed in the Governmental Corner of the Grace A. Dow Memorial Library for public review; and

RESOLVED FURTHER, that the City Manager is hereby directed to place this item on the December 19, 2005 City Council agenda for the purpose of hearing any public comments prior to any action taken by the City Council.  (Motion ADOPTED.  Yeas:  Adams, Johnson, McKeag, Myers   Nays:  Rokosz)

 

REDEVELOPMENT PROPOSALS FOR CIVIC ARENA

Assistant City Manager Jon Lynch presented a staff report on the request for redevelopment proposals for use of the Midland Civic Arena.  Richard McCreadie, 2700 Washington Street, complimented staff on the request for proposal process and spoke in favor of trying to find a use for the former Midland Civic Arena.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on August 22, 2005 the Midland City Council received and filed a report on the potential use of the Midland Civic Arena; and

WHEREAS, Council requested that the community be provided an opportunity to investigate and produce redevelopment proposals for the Arena; and

WHEREAS, staff has provided a Request for Proposals that can be utilized to solicit and quantify, and evaluate interest in such redevelopment projects; now therefore

RESOLVED, that the Midland City Council hereby directs staff to publish and otherwise make available to the community the Request for Proposals; and

RESOLVED FURTHER, that responses to this Request for Proposals shall be submitted to the Midland City Council for its review at their February 20, 2006 meeting.  (Motion ADOPTED.)

 

BUDGET RESPONSE PLAN FOR THE CABLE COMMUNICATIONS FUND

Midland Community Television (MCTV) Director Ronald Beacom presented a report on the City of Midland’s budget response plan for the Cable Communications Fund. 

Jim Malek, 3701 Westbrier Terrace, part-time Midland Government Television (MGTV) employee and MCTV access user for more than five years, spoke in support of the proposed franchise fee audit but opposed the proposed staff reductions.

Judy Rose, representing the League of Women Voters (LWV), spoke regarding the LWV’s use of MCTV and voiced concerns the station would be inadequately staffed if the proposed staff reductions were implemented.

Judy Keil, teacher for the Midland Public Schools Video Productions Class, spoke regarding the high quality learning experience provided through MCTV and its staff and voiced concerns that the proposed budget cuts to Midland Public Schools (MPS) MPS-17 and the MCTV staff would jeopardize that quality service.  She encouraged Council to seek supplemental funding to maintain MCTV’s current level of services to the community.

Jim Huber, MPS-17 Administrator and Cable Access Advisory Commission member, spoke of the favorable relationship between MPS and MCTV and proposed the City of Midland franchise fee should continue to be shared with MPS, even at a reduced amount if necessary.

Paul Perry, 305 W. Sugnet Street and MCTV access user, expressed his concerns the proposed staff reductions would severely change the face of MCTV and its ability to allow citizens to bring opinions and ideas to the community.

Carolyn Clark, new MCTV access user, spoke regarding the professionalism of the MCTV staff and recommended the proposed franchise fee audit be conducted before any staff reductions were considered.  

Diane Dickerson, long-time MCTV access user, producer of Abundant Living program cablecast on MCTV, spoke regarding the professionalism of the staff at MCTV and opposed the proposed staff reductions.

Mark Dickerson, Calvary Baptist Church, expressed his view that cutting MCTV funding will affect the technical quality of the MCTV facility and affect the level of professionalism of this operation. 

The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the City Council directed the City staff to prepare a budget response plan to address the Cable Communications Fund deficit identified in the 2005-06 five-year financial plan; and

WHEREAS, the City staff has prepared for review by the City Council and the Cable Access Advisory Commission the Cable Communications Fund Budget Response Plan that includes several recommendations that will eliminate the deficit; now therefore

RESOLVED, that the Council receives and files the Cable Communications Fund Budget Response Plan and directs staff to provide an additional report to address Council questions.  (Motion ADOPTED.)

 


2005 CONSTRUCTION PROGRESS REPORT

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

 

WHEREAS, the City Engineer reported the status of completion for projects in the 2005 Construction Program; now therefore 

RESOLVED, that City Council hereby receives and files the 2005 Construction Progress Report.  (Motion ADOPTED.)

 

PETITIONS FOR PUBLIC IMPROVEMENTS

City Engineer Brian McManus presented a report on the petitions and requests for capital and maintenance projects received for consideration of inclusion in the 2006 Construction Program.  Richard McCreadie, 2700 Washington Street, spoke in opposition to the traffic study for Ashman and Rodd Street.  The following resolution was offered by Councilman Rokosz and seconded by Councilman Adams:

 

RESOLVED, that the following petitions  are herby received and referred to the City Engineering Department for consideration of inclusion in the 2006 Construction Program:

  • from the County of Midland for the installation of a water main to Fast Ice Drive from the west end of Centennial Drive;
  • from Jim and Ellamary Kane for the installation of a sanitary sewer on Swede Avenue at Sugnet Road;
  • from the Circle Business Association and the Midland Downtown Business Association for a traffic study to determine if Ashman Street and Rodd Street could be converted to two-way traffic;
  • from the West Main Street Historic District Commission for new street lights, outlawn trees, street signs and a historic district entranceway sign; and

RESOLVED FURTHER, that the following petitions are removed from consideration for the 2006 Construction Program:

  • from Big Timber Limited Partnership and Judith Ann Rapanos for the installation of a water main on Waldo Avenue from Wheeler Street to Diamond Drive; 
  • from Big Timber Limited Partnership and Judith Ann Rapanos for the installation of a sanitary sewer on Waldo Avenue from Wheeler Street to Diamond Drive.

(Motion ADOPTED.)

 

LIQUOR LICENSE TRANSFER 

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

 

RESOLVED, that the request from BW-MIDLAND, LLC TO TRANSFER OWNERSHIP OF 2005 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 5015 EASTMAN, MIDLAND, MI  48640, MIDLAND COUNTY, FROM CHARLIE CHUE S.XIONG; AND TRANSFER LOCATION TO 6728 EASTMAN, MIDLAND, MI 48640, MIDLNAD COUNTY; AND REQEUST A NEW DANCE-ENTERTAINMENT PERMIT be considered for approval.

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

 


DDA – KACKMEISTER RESIGNATION

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

 

RESOLVED, that the resignation of Sharon Kackmeister as a member of the Downtown Development Authority, effective December 31, 2005, is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Kackmeister for her service on this important Board.  (Motion ADOPTED.)

 

DDA – HAYES APPOINTMENT

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Mike Hayes to the Downtown Development Authority, effective January 1, 2006, for a term to expire May 1, 2009.  (Motion ADOPTED.)

 

PLYMOUTH PARK POOL PROJECT CONTRACT

Director of Public Services Martin McGuire presented a resolution to increase the amount for which the Mayor and City Clerk are authorized to execute a contract with Three Rivers Corporation for the Plymouth Park Pool Renovations.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on Sept. 12, 2005, City Council authorized the Mayor and City Clerk to sign a design/build contract with Three Rivers Corp. for the Plymouth Park Pool project in the amount of $664,890; and

WHEREAS, prior to the actual signing of the contract, the City and Three Rivers Corp. discussed the final design; and

WHEREAS, the parties mutually agreed that construction of a new pool building rather than renovation of the existing building better served the City’s needs; and

WHEREAS, Three Rivers Corp. amended the original proposal to a not to exceed amount of $840,000; and

WHEREAS, funding in the amount of $857,822 is included in the 2005-06 City of Midland budget for the project; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute a contract, as drafted by the City Attorney, in an amount not to exceed $840,000 with Three Rivers Corp. for the Plymouth Park Pool project.  (Motion ADOPTED.)

 

PROPOSED 2005-06 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

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

 

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., December 19, 2005 in the Council Chambers of City Hall on the proposal to amend the 2005-06 budget of the Equipment Revolving Fund to increase expenditures in the Capital Outlay, Vehicles account by $22,000 for the unanticipated replacement of a police car that was totaled in a recent accident and to increase the revenue by $17,405 to reflect insurance money collected for the wrecked vehicle.  (Motion ADOPTED.)

 


CLOSED SESSION

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

 

RESOLVED, that in accord with Section 8(d) 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 consider the purchase of real property.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned to a closed session at 9:32 p.m.

 

 

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            Selina Tisdale, City Clerk