December 8, 2003

A regular meeting of the City Council was held on Monday, December 8, 2003, 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, James Myers, Joseph Rokosz
Councilmen absent:	Hollis McKeag (excused)

MINUTES

Approval of the minutes of the November 24, 2003 regular meeting was offered by Council Member Myers and seconded by Council Member Johnson. (Motion adopted.)

AEGIS ENVIRONMENTS, INC IFT APPLICATION

Deputy City Assessor Roger Elbers introduced a request from Aegis Environments, for an industrial facilities exemption certificate. The public hearing opened at 7:02 p.m. Hal (Scotty) Locker, 3707 Greenbrier Ter., president of Aegis Environments, spoke regarding Aegis Environments, Inc. The public hearing closed at 7:07 p.m. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

WHEREAS, the Eagleridge Industrial Development District No. 1 was established by resolution of the Midland City Council on May 20, 2002; and

WHEREAS, Aegis Environments, Inc. made an application dated November 3, 2003, which was received by the City Clerk on November 5, 2003, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $1,788,868 which consists of $1,567,817 in land and building improvements and $221,051 of new personal property with the same being located within the Eagleridge Industrial Development District No. 1 and is intended to provide for the construction of an approximately 14,000 square foot building with office and laboratory space along with personal property including laboratory fixtures, laboratory equipment, telecommunications equipment and office furniture and equipment; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on December 8, 2003, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Aegis Environments, Inc. considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Aegis Environments, Inc. for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2016; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Aegis Environments, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

2003-04 GENERAL FUND BUDGET AMENDMENT

Director of Public Services Martin McGuire introduced an amendment to the 2003-04 General Fund Budget to recognize unanticipated revenue from an Equipment Revolving Fund refund and to designate a portion of the revenue to be used for an upgrade of a street sweeper unit. The public hearing opened at 7:11 p.m., no comments were made, and the hearing closed at 7:12 p.m. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

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, December 8, 2003, on the proposal to amend the General Fund’s 2003-04 budget to recognize $90,000 of unanticipated revenue from a refund from the Equipment Revolving Fund, and to increase appropriations in the Public Works Activities Capital Equipment line item by $39,800 to pay for an upgraded replacement for street sweeper #4-85; and

WHEREAS, said public hearing also concerned the proposal to amend the Equipment Revolving Fund’s 2003-04 financial working plan to recognize $90,000 of unanticipated expense for a refund to the General Fund of prior rental payments on street sweeper #4-88; now therefore

RESOLVED, that the 2003-04 budget of the General Fund be amended to increase revenues by $90,000 and to increase appropriations by $39,800, and that the Equipment Revolving Fund financial working plan be amended to increase expenditures by $90,000. (Motion adopted.)

2003-04 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Martin McGuire introduced an amendment to the 2003-04 Equipment Revolving Fund Budget to recognize an unanticipated expenditure for replacement of a police patrol car totaled in a collision. The public hearing opened at 7:14 p.m., no comments were made, the hearing closed at 7:15 p.m. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Johnson:

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 Monday, December 8, 2003, on the proposal to amend the 2003-04 financial working plan of the Equipment Revolving Fund to recognize the unanticipated expense of replacing police patrol unit #1-71 that was totaled in a head-on collision in September and to recognize the resulting unanticipated revenue from insurance proceeds; now therefore

RESOLVED, that the 2003-04 financial working plan of the Equipment Revolving Fund is hereby amended to increase expenses by $22,000 for the purchase of a new police cruiser, and to increase revenues by $14,911 to recognize the insurance money recovered for the wrecked vehicle. (Motion adopted.)

DDA FUND BUDGET AMENDMENT

Assistant City Manager Jon Lynch introduced an amendment to the Downtown Development Authority Fund Budget that would increase appropriations for capital/land acquisition for the purchase of property located at 218 E. Larkin Street and presented details on a purchase agreement that would acquire the property. The public hearing opened at 7:21 p.m. Stephen L. Bush, 4415 Gladding Ct., owner of 224 E. Larkin St., the property immediately adjacent to 218 E. Larkin St. Mr. Bush expressed to the seller his interest in purchasing the property but was not considered after the DDA expressed an interest in purchasing the property. Mr. Bush reiterated his interest in purchasing the property and encouraged City Council to postpone the amendment and purchase of said property until the transaction could be further reviewed. The public hearing closed at 7:30 p.m. City Council expressed a desire for further dialogue to occur between the DDA and Mr. Bush prior to Council approving the purchase agreement. The following resolution was then offered by Councilman Johnson and seconded by Councilman Rokosz:

WHEREAS, in accord with Section11.6 of the Charter of the City of Midland, a public hearing was conducted at 7:00 p.m., Monday, December 8, 2003 in the Council Chambers of City Hall on the proposal to amend the 2003-2004 Downtown Development Authority (DDA) Fund budget to appropriate $32,400 from fund balance to the Capital Outlay / Land account for the purpose of acquiring property at 218 East Larkin Street; and

RESOLVED, that the DDA Fund budget be amended by increasing appropriations for the DDA Capital Outlay/Land account for land acquisition by $32,400. (Motion adopted.)

PURCHASE AGREEMENT FOR PROPERTY AT 218 E. LARKIN STREET

No action taken.

PUBLIC COMMENTS

James Reigler, 1905 Airfield Lane, spoke regarding the Planning Commission meeting scheduled for Tuesday, December 9, 2003. Mr. Reigler encouraged citizens both for and against the proposed changes to the zoning ordinance, specifically Article X Recreational Vehicle storage in residential districts, to attend the meeting and share their opinions.

SITE PLAN NO. 233 – WAL-MART

Assistant City Manager Jon Lynch introduced Site Plan No. 233 – Wal-Mart. Mr. Lynch described the project as a 72,427 square foot building expansion with associated parking of the existing retail store at 910 Joe Mann Boulevard on 21.49 acres. Fred Westphal, 4740 Wackerly Dr., commented on the Wal-Mart site plan and inquired about the containers stored on-site at this location. Mr. Westphal expressed his concerns regarding the negative impact that this expansion would have on the local grocer market and the local grocer workforce. He also inquired about the increase in traffic congestion and the wear on city infrastructure if the expansion was approved. City Council indicated that the resolution should be amended to reflect the Council’s determination that on-site storage containers would have a detrimental or injurious effect on the character of the neighborhood. The following resolution was offered by Councilman Johnson and seconded by Councilman Myers:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 233, for a 72,427 square foot building expansion with associated parking of the existing retail store at 910 Joe Mann Boulevard on 21.49 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 233 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 233, contingent upon the following:

1. Particular design and dimensions of the driveway at the southwest corner of the site shall be approved by the City’s Traffic Engineer so as to ensure effective prohibition of left turn movements.

2. Parking spaces are delineated by “box” striping.

3. Screening is provided as required by Section 29.12 of the Zoning Ordinance along that portion of the site adjacent to residential zoning (approximately 410’ along the east property line).

4. Site lighting will be sufficient to provide for the safety of customers and employees while not casting illumination off site.

5. Any new signage will comply with applicable zoning provisions.

6. Storm water handling plans must be reviewed and approved by the City’s Engineering Department.

7. Easements for the public water mains will be transmitted by the property owner to the City of Midland promptly upon completion of the water main installation.

8. City Council hereby determines that the storage containers stored on site have a detrimental or injurious effect on the character of the neighborhood and the containers shall be removed from the site prior to occupancy of the expansion.

RESOLVED FURTHER, that approval of Site Plan No. 233 does not constitute site plan approval for development of a gasoline fueling station on the subject site. (Motion adopted.)

PILOT FOR CHARTER SQUARE AND GREEN HILL APARTMENTS

Assistant City Manager Jon Lynch presented an overview of the Payment in Lieu of Taxes (PILOT) program. Roberto A. Lavallii, Executive Vice President of Altman Management Group spoke about his company and its management of three properties in Midland: Forest Glen Apartments, Greenhill Apartments, and Charter Square Apartments. Mr. Lavallii spoke about the economic demographics of the rental market these apartments serve. Bill Waterman, 2320 Old Pine Trail, spoke on the issue and presented his analysis of the area rental market and rental costs. Mr. Waterman encouraged Council to reject the request until a complete study of the housing market in Midland could be completed. Jim Secor, 4102 Perrine Point, spoke on issues relating to increases in insurance rates for habitational risks that affect all owners of rental properties. Steve Zimmerman, 1345 E. Monroe Rd., asked Council to review the intent of the PILOT program. He commented that his understanding is the PILOT should provide a tax break for a period of time and not an indefinite tax break. He encouraged Council to deny Altman’s request. Council asked that the resolution be amended to reflect that the city staff report back at the December 15, 2003, Council meeting as to the time that would be needed to fully review and analyze the Altman request and associated information and to prepare an ordinance amendment. The following amended resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

WHEREAS, on February 10, 2003 Altman Management Company submitted a request on behalf of the owners of Charter Square Apartments and Green Hill Apartments for reductions in property taxes and Payments In Lieu Of Taxes (PILOT) currently paid to the City of Midland by said apartment complexes; and

WHEREAS, on February 24, 2003, City Council approved postponement of consideration of said request, pending receipt of a staff report on the PILOT program; and

WHEREAS, said staff report was submitted to the City Council and approved on April 14, 2003, providing criteria by which future PILOT requests would be evaluated; and

WHEREAS, Altman Management Company has submitted additional information in support of its request; now therefore

RESOLVED, that City staff is hereby directed to report back to Council on December 15, 2003, as to the time required to fully review and analyze this and other necessary information and prepare an ordinance amendment regarding said request by Altman Management Company. (Motion adopted)

Mayor Black called for a recess at 9:30 p.m. and resumed the meeting at 9:40 p.m.

PARKS AND RECREATION COMMISSION RECOMMENDATIONS FOR CIVIC ARENA

Director of Public Services Martin McGuire presented an overview of the recommendation developed by city staff and approved by the Parks and Recreation Commission regarding the Civic Arena. Mr. McGuire introduced a resolution that schedules a public hearing on this issue for the January 12, 2004 Council meeting. William Bartlett, 807 Hollybrook Dr., chairman of Fast Ice spoke in support of the recommendation commenting on the value of the ice programs to the Midland community and the need to act quickly before ice problems at the Civic Arena render it unusable. Wayne E. Winslow, 807 Coolidge Dr., President of the Midland Speed Skating Club, also spoke in support of the recommendation commenting on the size of the Midland Speed Skating Club and its growth. Anna Ward, 515 Amy, of the Midland Figure Skating Club, spoke in support of the recommendation commenting on the need for an upgraded facility in order to attract regional competitions. Paula Jurado, 4623 Washington St., inquired as to whether or not Fast Ice had raised the $750,000 contribution it was making to the project and, if it hasn’t, encouraged Council to postpone their decision until the funds have been raised. She also inquired about the City’s subsidy to soccer sports in Midland. The following resolution was offered by Councilman Myers and seconded by Councilman Johnson:

WHEREAS, The Parks and Recreation Commission and staff have studied the issues surrounding the Midland Civic Arena; and

WHEREAS, on August 11, 2003, the City Council received public input on the arena issues and directed the staff and Commission to formulate a recommendation; and

WHEREAS, the Commission voted 6 – 1 on November 11, 2003 to recommend that staff be directed to proceed with the design and bid of a three-rink ice facility; now therefore

RESOLVED, that the City Manager is directed to schedule a public hearing on this recommendation for January 12, 2004. (Motion adopted.)

2003 LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

Assistant City Manager Jack Duso presented an overview of the findings and recommendations of the 2003 Local Officers’ Compensation Commission as filed on November 24, 2003. The following resolution was offered by Councilman Rokosz and seconded by Councilman Johnson:

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 2003 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, Midland, Michigan on November 20, 2003; 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 be effective on December 20, 2003 unless said determinations are rejected by a 4/5 vote of the City Council; and

WHEREAS, copies of the 2003 Determinations of the Local Officers’ Compensation Commission were on file in the Governmental Corner at the Grace A. Dow Memorial Library and the Midland City Clerk’s Office for public review; and

WHEREAS, the City Council, on December 8, 2003, heard public comments regarding the Local Officers’ Compensation Commissions’ 2003 Determinations; now therefore

RESOLVED, after hearing public comments the Midland City Council hereby rejects the 2003 Determinations of the Local Officers Compensation Commission. (Motion adopted.)

PETITIONS FOR PUBLIC IMPROVEMENTS

City Engineer Brian McManus reviewed the requests received by the Engineering Department for consideration of inclusion in the 2004 Construction Program. William Walser, 5206 Nurmi Drive, spoke in opposition to the paving of Nurmi Drive. Kenneth Collins, 414 Willow Street, spoke in support of paving Willow Street. The following seven resolutions were then presented for consideration.

WATER MAIN ON UNION STREET

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

RESOLVED, that the attached petition received from Peter Vankleek for the installation of a water main on Union Street from George Street to State Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

SANITARY SEWER ON UNION STREET

.The following resolution was offered by Councilman Myers and seconded by Councilman Johnson:

RESOLVED, that the attached petition received from Peter Vankleek for the installation of a sanitary sewer on Union Street from George Street to State Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

STREET IMPROVEMENT ON CUB COURT

Removed.

STREET IMPROVEMENT ON NURMI DRIVE

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

RESOLVED, that a request received from Council Member Hollis McKeag for the improvement of Nurmi Drive from Sturgeon Avenue to Sturgeon Avenue, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

STREET IMPROVEMENT ON LETTS ROAD

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

RESOLVED, that the attached petitions received from Earl D. Bennett Construction Company, Alpine Mobile Homes, Inc. and area residents for the improvement of Letts Road from Perrine Road to Sturgeon Avenue, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

STREET IMPROVEMENT ON WILLOW STREET

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

RESOLVED, that the attached petition received from Bernard Kuchek for the improvement of Willow Street from Beech Street to Bay City Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

JOSEPH DRIVE RELOCATION – SOCCER CLUB EXPANSION

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

RESOLVED, that the attached petition received from the Midland Soccer Club for the extension and relocation of Joseph Drive to Diamond Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

STREET RECONSTRUCTION

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

WHEREAS, seven requests for street reconstruction projects were received for consideration in the Annual Construction Project Priorities process and the locations of said requests are:

· Ashman Street from Waldo Avenue to US-10 overpass

· Ashman Street at Ellsworth Street Intersection

· Rockwell Drive from Patrick Road to Ashman Street

· Sugnet Road turn lane improvement east of Swede Avenue

· Swede Avenue from Patrick Road to Wackerly Street

· Virginia Street from Haley Street to Eastlawn Drive

· Westbury Court resurfacing

now therefore;

RESOLVED, that the above-listed requests for street reconstruction projects have been received and referred to the City Engineering Department for consideration of inclusion in the 2004 Construction Program. (Motion adopted.)

TRAFFIC CONTROL ORDER P-03-12

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

RESOLVED, that Traffic Control Order No. P-03-12 filed September 17, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the north side of E. Ashman Street from Dartmouth Drive to 50’ east of Dartmouth Drive.

is hereby made permanent. (Motion adopted.)

TRAFFIC CONTROL ORDER P-03-13

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

RESOLVED, that Traffic Control Order No. P-03-13 filed September 17, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the south side of E. Sugnet Road from Baldwin Street to 50’ west of Baldwin Street.

is hereby made permanent. (Motion adopted.)

TRAFFIC CONTROL ORDER P-03-14

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

RESOLVED, that Traffic Control Order No. P-03-14 filed September 16, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on both the east and west side of Adelaide Street from Carpenter Street to 50’ north of Carpenter Street.

is hereby made permanent. (Motion adopted.)

TRAFFIC CONTROL ORDER P-03-15

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

RESOLVED, that Traffic Control Order No. P-03-15 filed September 9, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That, for City Parking Lot “A”, 11 spaces shall be 2-Hour Parking, 3 spaces shall be Handicap Parking, and 5 spaces shall be 30-Minute Parking along the northwest side of the lot. 47 total spaces shall be Permit Parking in the two middle parking bays. 4 spaces shall be Truck Parking along the southeast side of the lot.

is hereby made permanent. (Motion adopted.)

TRAFFIC CONTROL ORDER R-03-05

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

RESOLVED, that Traffic Control Order No. R-03-05 filed September 16, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on Joseph Drive from Jefferson Avenue to Midfield Lane be posted at 35 m.p.h.

is hereby made permanent. (Motion adopted.)

TRAFFIC CONTROL ORDER S-03-10

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

RESOLVED, that Traffic Control Order No. S-03-10 filed September 16, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Ridgecrest Drive shall yield to Ridgewood Drive.

is hereby made permanent. (Motion adopted.)

2004-2005 BUDGET PREPARATION SCHEDULE

City Controller David Keenan presented an overview of the 2004-05 City of Midland Budget Preparation Schedule. The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

RESOLVED, that the attached budget preparation schedule for the 2004-05 fiscal year is hereby received; and

RESOLVED FURTHER, that said budget preparation schedule shall be filed for public examination in the City Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 19, 2004, for the purpose of reviewing the proposed Engineering Priorities Listing and receiving public input on the listing; and

RESOLVED FURTHER, that the City Manager shall set special meetings of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, April 19, 2004 and on Monday, May 3, 2004 for the purpose of budget review and public input on the budget. (Motion adopted.)

JOY JAJO (ITTNER) COMMUNITY CANCER FOUNDATION MARATHON ROAD RACE

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

RESOLVED, that the City Council hereby approves the request of Kevin Jajo, President of the Joy Jajo (Ittner) Community Cancer Foundation, to hold a marathon road race on Saturday, May 15, 2004, subject to the following provisions:

• Organizers must coordinate traffic control at all affected City intersections with the Patrol Captain of the Midland Police Department.

• Organizers must coordinate proper barricading with the Department of Public Services, if necessary.
• Organizers should be aware that emergency apparatus might need to cross the route of their event should an emergency incident occur in the area.
• A Certificate of Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland listed as certificate holder and additional insured, must be submitted to the City Manager’s Office no later than five days prior to the event.

;and

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

MARK PUTNAM BRIDGE REHAB CONTRACT – CHANGE ORDER NO. 6

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

WHEREAS, on June 10, 2002, City Council awarded a contract to J. Slagter & Son Construction, Inc. of Wayland, Michigan for the 2002 Mark Putnam Bridge Rehabilitation, Contract No. 20 for substructure and superstructure improvements; and

WHEREAS, costs relating to construction operations have exceeded the awarded bid amount; and

WHEREAS, Change Order No. 6 has been prepared as a balancing change order for completion of the work; and

WHEREAS, the summary amount of contract changes increases the project cost by $92,992.46; and

WHEREAS, funding is available in the Major Street Construction Fund; and

WHEREAS, this total exceeds the City Manager’s authorized approval limit of $20,000.00 for additional project funding; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 6 to the 2002 Mark Putnam Bridge Rehabilitation, Contract No. 20, in the amount of $92,992.46. (Motion adopted.)

PROPOSED 2003-04 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

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

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 15, 2003 in the Council Chambers of City Hall on the proposal to amend the 2003-04 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 $13,706 to reflect insurance money collected for the wrecked vehicle. (Motion adopted.)

Being no further business the meeting adjourned at 11:09 p.m.

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Selina Tisdale, City Clerk