OFFICIAL SYNOPSIS

MIDLAND CITY COUNCIL

 

A regular meeting of the City Council was held on Monday, June 28, 2004.  Mayor Black presided with all Councilmen present.

 

Accepted the presentation on MBS International Airport.

 

Held public hearing and approved an Industrial Facilities Exemption Certificate Application for Electro Panel, Inc.

 

Held public hearing and approved an amendment to the 2003-04 General Fund Budget to receive $20,008 grant funding from the Michigan State Police Office of Highway Safety Planning.

 

Held public hearing and approved Special Use Permit No. 13 – Office Building.

 

Held public hearing and approved an amendment to the 2003-04 Sanitary Landfill Budget in the amount of $50,000 for Hydrogeology Monitoring.

 

Held public hearing and approved an amendment to the 2003-04 General Fund Budget City Attorney’s Legal Fees in the amount of $200,000 for unanticipated expenses relating to the dioxin issues.

 

Authorized payment to Miller, Canfield, Paddock & Stone for legal services and Fishbeck, Thompson, Carr & Huber, Inc. for environmental consulting services relating to the dioxin and related issues in an amount not to exceed $380,000.

 

Held public hearing and approved an amendment to the 2003-04 General Fund Budget to increase expenditures by $230,000 in The Dow Chemical Tax Appeal Activity and $410,000 in the Dow Corning Tax Appeal Activity for expenses incurred relating to the tax appeals.

 

Held public hearing and approved an amendment to the 2004-05 General Fund Budget to decrease expenditures by $230,000 in the Dow Chemical Tax Appeal Activity and $410,000 in the Dow Corning Tax Appeal Activity.

 

Authorized payment to Max Derbes and Associates and Baker and O’Brien for contracted appraisal services relating to The Dow Chemical and Dow Corning Tax appeals in an amount not to exceed $8,100,000 and authorized budgetary funding transfers from the Legal Fees account in the Midland Cogeneration Venture Tax Appeal Activity in the amount of $270,000.

 

Authorized payment to Miller, Canfield, Paddock & Stone for contracted legal services relating to The Dow Chemical and Dow Corning Tax appeals in a total amount not to exceed $6,000,000.

 

Authorized payment to Plante & Moran, LLP for accounting services relating to the Dow Corning Corporation’s tax appeal in an amount not to exceed $300,000.

 

 Authorized payment to Pilko & Associates, Inc. for environmental management consulting services relating to The Dow Chemical  Company’s tax appeal in an amount not to exceed $50,000.

 

Authorized payment to Terzo & Bologna, Inc. for contracted appraisal services relating to The Dow Chemical Company’s tax appeal in the amount of $60,000.

 

Held a public hearing and approved an amendment to the 2003-04 Cable Communications Fund Budget to increase expenditures by $35,000 for unanticipated legal fees incurred in the cable franchise fee lawsuit.

 

Authorized payment to Kitch, Drutchas, Wagner, DeNardis & Valitutti for legal services relating to the cable franchise fee lawsuit in a total amount not to exceed $35,000.

 

Held public hearing and approved an amendment to the 2004-05 Major Street Fund Budget to increase expenditures by $100,000 for the reconstruction of Saginaw Road from Gordonville Road to Waldo Court and approved revised Construction Projects Priority list to add Saginaw Road reconstruction.

 

Held second reading and adopted an ordinance amending the City of Midland Water Ordinance.

 

Held second reading and adopted an ordinance amending the City of Midland Sewer Ordinance.

 

Approved Site Plan No. 241 – Dollar Daze.

 

Approved annexation of property at 4412 N. Waldo Road located south of Wheeler Road and west of US-10 from Midland Township through the joint resolution process.

 

Made the following Traffic Control Order permanent:

    S-04-01    Rockwell Drive shall stop for E. Patrick Road.

 

Approved request from Che Brothers, Inc. to transfer ownership of a 2001 Class C licensed business with Dance Permit, located in escrow at 5010 Bay City Road, from Restaurant Tuma, Inc. and to cancel existing Dance Permit.

 

Established a money purchase retirement plan in the form of The ICMA Retirement Corporation Governmental Money Purchase Plan and Trust.

 

Authorized execution of contract with L.J. Construction, Inc. of Clifford, Michigan for the “2004 St. Andrews Water Main and Plymouth Park Walkway; Contract No. 13”, in the amount of $299,540.

 

Accepted proposal from Magazine Subscription Service Agency for periodical and newspaper subscription services for the Grace A. Dow Memorial Library in an amount not to exceed $26,000.

 

Authorized execution of contract with Lona McLuckie for the Employee Assistance Program in the amount of $38,777.04 annually effective July 1, 2004 through June 30, 2005.

 

Accepted Regional Educational Media Center of Michigan (REMC) contract pricing submitted by Hewlett Packard Company of Palo Alto, California for computer hardware and software and authorized issuance of purchase order in the amount of $63,177.

Authorized payment to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Thomas, P.C. and Spiegel & McDiarmid for contracted legal services relating to the Midland Cogeneration Venture’s tax appeal in the increased amount not to exceed $5,500,000.

 

Set a public hearing for July 12, 2004, at 7:00 p.m. on an application received from QuadSil, Inc. for an Industrial Facilities Exemption Certificate.

 

Adjourned to a closed session to discuss a written opinion by the City Attorney as an Attorney-Client privilege document.

 

DETAILS ON ALL ITEMS AVAILABLE AT CITY CLERK’S OFFICE.

 

Summary contains only City Council action.  Discussion items by citizens are not included.  Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from MCTV at 837-3477.

 

                                                                                    APPROVED:

 

 

__________________________________                ________________________________

John E. Duso                                                              Karl S. Tomion

Deputy City Clerk                                                        City Manager

Midland, Michigan