April 11, 2005

A regular meeting of the City Council was held on Monday, April 11, 2005, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Black presided. Boy Scout Troop #724 – Midland Evangelical Free Church led the Pledge of Allegiance to the Flag.

Councilmen present:	Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz
Councilmen absent:	None

MINUTES

Approval of the minutes of the March 21, 2005 regular meeting was offered by Councilman Myers and seconded by Councilman Rokosz. (Motion ADOPTED.)

2005 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT DISTRICT

Reid Duford, City Assessor, presented information on the 2005 Downtown Economic Revitalization Public Improvement District. Mayor Black opened the public hearing at 7:11 p.m. Christin O’Callaghan, Downtown Development Authority Executive Director, presented a breakdown of the program funding. The public hearing was closed at 7:14 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated March 21, 2005, said district being:

That area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17, the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all within the City of Midland, Midland County, Michigan.

and has heretofore established one special assessment district designated:

"2005 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 11, 2005, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand ten and 00/100 dollars ($72,010.00) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand ten and 00/100 dollars ($72,010.00) shall be borne and paid by special assessment on all lands and premises in said 2005 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"2005 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis. (Motion ADOPTED.)

2005 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT ASSMT ROLL

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

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 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program 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 o'clock p.m., on the twenty-fifth day of April, 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 to the date of the twenty-fifth day of April, 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.)

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, asked about her Bay City Road sidewalk request. She was informed her requested sidewalk is included in the 2005 sidewalk program and the City Council had scheduled a public hearing of necessity on May 9^th when the Consent Agenda was adopted earlier in the meeting.

PROPOSED 2005-06 BUDGET

David Keenan, Director of Fiscal Services, presented the City Manager’s Proposed 2005-06 City of Midland Budget. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

WHEREAS, City Council has previously approved, at its regular Council meeting on November 22, 2004, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 25, 2005, in the Council Chambers of City Hall, on the proposed 2005-06 budget; and

WHEREAS, City Council has previously approved at the same meeting that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, May 9, 2005, in the Council Chambers of City Hall on the proposed 2005-06 budget; now therefore

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2005-06 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2005-06 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Road, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2004-05 budget and the 2005-06 proposed budget. (Motion ADOPTED.)

MBS INT’L AIRPORT & BARSTOW AIRPORT AVIATION ADVISORY COMMISSION APPT

Karl Tomion, City Manager, presented information regarding the need to fill the vacancy on the MBS Airport Commission created by the resignation of Mr. Clay Dunn, and since Mr. Biltz is not interested in being appointed to the Aviation Advisory Commission an ordinance amendment would be necessary if the City Council chooses to appoint Mr. Biltz. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

RESOLVED, that George J. Biltz is hereby appointed to the MBS International Airport Commission and the Aviation Advisory Commission to fill an unexpired term expiring June 30, 2006; and

RESOLVED FURTHER, that the City Attorney is directed to prepare an ordinance amendment to provide three citizen and two pilot appointments to the Barstow Aviation Advisory Commission. (Motion ADOPTED.)

REQUESTED STREET VACATION – E. ELLSWORTH, LYON, AND PATRICK

Jon Lynch, Assistant City Manager, presented information on the requested street vacation. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

WHEREAS, the Dow Chemical Company, Michigan Operations has recommended 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; and

WHEREAS, such vacation must be done in accord with Section 23-87 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 23-87 of the Code of Ordinances the request to vacate East Ellsworth Street from Haley Street to Third Street, vacate Lyon Street from East Ellsworth Street to Buttles Street and vacate Patrick Street from East Ellsworth Street to Buttles Street is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation. (Motion ADOPTED.)

ANNEXATION OF PROPERTY FROM MIDLAND TWP (ADAMS PROPERTY)

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

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

SEC 11 T14N R2E COM 1320 FT W & 396 FT S OF NE SEC COR, TH E 395 FT, S 120 FT, W 395 FT, N 120 FT.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088; MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Midland by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Midland; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk. (Motion ADOPTED.)

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUPPORT

Jon Lynch, Assistant City Manager, presented information on the City’s Community Development Block Grant Program and the effect of the proposed reduction in funds proposed in President Bush’s fiscal year 2006 budget. The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

WHEREAS, President Bush has proposed the elimination of the Community Development Block Grant program in his fiscal year 2006 budget, which funds a myriad of social service, economic development and housing programs in this community; and

WHEREAS, 21 years of Community Development Block Grant funding in the City of Midland has developed a strong network of relationships between the city, residents and the many non-profit agencies that provide services and help make possible our commitment to our neighborhoods; and

WHEREAS, the City of Midland recognizes that the Community Development Block Grant program is a partnership of federal, state, and local government, business, non-profit and community efforts, and that the services funded by the CDBG program, administered by the local government and often delivered by local non-profit organizations, relies heavily on the dedication of and good will of our combined efforts; and

WHEREAS, the City of Midland recognizes all the participants whose hard work and devotion to the neighborhood and their low- and moderate-income residents help insure the quality and effectiveness of the Community Development Block Grant Program; now therefore

RESOLVED, that the Mayor and City Council of the City of Midland, Michigan oppose the proposed elimination of the Community Development Block Grant Program; and

RESOLVED FURTHER, that the City of Midland hereby petitions the U. S. Congress and Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program, and of its vital importance to the community and to the people who live in its lower income neighborhoods, to strongly oppose any proposal to eliminate the Community Development Block Grant Program; and

RESOLVED FURTHER, that copies of this resolution be conveyed to the appropriate elected and appointed officials of the federal government and that this community’s name be added to the roll of those committed to the preservation and full funding of the Community Development Block Grant Program and maintenance of its essential features over the course of this, and the next session of Congress. (Motion ADOPTED.)

SIX NEW STREETS INTO LOCAL STREET SYSTEM

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

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

Bobcat Court from Mammoth Pines Drive to end of cul-de-sac

Butterfield Court from Hollyberry Drive to end of cul-de-sac

Butterfield Drive from S. line Fosterwoods Sub. No. 3 to Hollyberry Drive

Hollyberry Drive from W. line Fosterwoods Sub. No. 3 to Butterfield Drive

Mammoth Pines Drive from Letts Road to N. line Winding Creek Sub. No. 1

Jefferson Avenue from 2,886 feet north of Wackerly Street to Letts Road

; and

WHEREAS, the centerline of Jefferson Avenue is described as: Commencing at the Southeast Corner of Section 33, T. 15 N., R. 2 E.; thence North 2,886 feet, along the section line common to Sections 33 and 34, to the Point of Beginning; thence North 2,422 feet, along the section line common to Sections 33 and 34, to the Northeast Corner of Section 33 and the point of ending; and

WHEREAS, Bobcat Court and Mammoth Pines Drive are in the recorded plat of Winding Creek Estates No. 1 and Butterfield Court, Butterfield Drive and Hollyberry Drive are in the recorded plat of Foster Woods Subdivision No. 3; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER NO. S-05-01

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

RESOLVED, that Traffic Control Order No. S-05-01 filed January 25, 2005 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Stop control shall be removed for eastbound Bay City Road at Pershing Street.

is hereby made permanent. (Motion ADOPTED.)

DONATION FROM MIDLAND SOFTBALL ASSOCIATION

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

WHEREAS, the Midland Softball Association has offered to donate $18,000 for improvements to the St. Charles Softball Complex; and

WHEREAS, the Parks and Recreation Commission at their meeting of March 5, 2005 unanimously recommended that the City Council accept the generous gift; now therefore

RESOLVED, that the City Council hereby accepts the gift of $18,000 for improvements to the St. Charles Softball Complex. (Motion ADOPTED.)

ANNUAL REVIEW OF LIQUOR LICENSES

Jack Duso, Assistant City Manager, presented the City Manager’s annual review of liquor licenses in the City. The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to submit an annual review of each liquor licensee to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licensees is hereby received and ordered filed in the Office of the City Clerk. (Motion ADOPTED.)

TIME TRIAL BIKE RACE

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

RESOLVED, that the request from Mickey Cochran, Tri City Cyclists Race Team Director, to conduct the Midland Time Trial Bike Race on Saturday, May 14, 2005, from 8:00 a.m. - noon., is hereby approved subject to the following conditions:

Cyclists shall obey all traffic laws and traffic control devices.
Spectators and race participants must allow responding emergency vehicles to pass through the race route unrestricted if it is necessary for them to cross or travel along the route while responding to emergencies.
The Police Department will monitor the area during the times specified.

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 hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

PARK MOWING SERVICES

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

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing mowing services for various park properties within the City of Midland for a three year period; and

WHEREAS, the bid period covers three years and while sufficient funds have been appropriated for fiscal year 2004-05, the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Lee’s Mowing Service in the amount of $20,710.98 for the purchase of park mowing services for the remainder of fiscal year 2004-05; and

RESOLVED FURTHER, that the purchasing agent is authorized to issue purchase orders in the amount of $6,903.66 per month for the months of July through October 2005, and April through October 2006 and 2007 provided that funds are appropriated in those fiscal years. (Motion ADOPTED.)

GOLF COURSE CHEMICALS PURCHASE

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

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 golf course chemicals, Bid No. 2843; and

WHEREAS, funding for these golf course supplies is included in the 2004-05 and 2005-06 Golf Course Fund budgets under “Horticultural Supplies”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Turfgrass, Inc. of South Lyon, Michigan up to the amount of $90,000, and to Lesco, Inc. of Cleveland, Ohio up to the amount of $30,000 for chemicals in accordance with their proposals and city specifications. (Motion ADOPTED.)

ONE-TON DUMP TRUCK PURCHASE

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

WHEREAS, bids for light duty trucks are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a one-ton dump truck is included in the 2004-05 Equipment Revolving Fund for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Gorno Ford of Woodhaven, Michigan in the amount of $25,877.00 for the purchase of a one-ton dump truck, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications. (Motion ADOPTED.)

CIVIC ARENA PROJECT – CHANGE ORDERS # 2 & 3

Martin McGuire, Director of Public Services presented information on Change Orders #2 and 3 to the Civic Arena Contract. The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

RESOLVED, that the Director of Public Services is hereby authorized to execute change order #2 in the amount of $56,888.90 and change order #3 in the amount of $2,255.22, amending the contract with Three Rivers Corporation for the Civic Arena Project which was approved on August 9, 2004. (Motion ADOPTED.)

CIVIC ARENA PROJECT – CHANGE ORDER # 4

Martin McGuire, Director of Public Services presented information on Change Order #4 to the Civic Arena Contract. The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

RESOLVED, that the Director of Public Services is hereby authorized to execute change order #4 in the amount of $41,829.49, amending the contract with Three Rivers Corporation for the Civic Arena Project which was approved on August 9, 2004. (Motion ADOPTED.)

LABOR RELATIONS SERVICES

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

WHEREAS, City staff requires professional labor relations assistance in matters of contract negotiations and arbitration; and

WHEREAS, staff has relied on the expertise of Keller, Thoma, Schwarze in labor relations matters; and

WHEREAS, sufficient funding exists in account 101-2260-706-80.22, Labor Management Consultant, in the 2004-05 General Fund budget; now therefore

RESOLVED, that professional labor relations services are hereby determined to qualify as professional services within the meaning of Section 2-19 of the Midland Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order not to exceed $40,000 to Keller, Thoma, Schwarze of Detroit, Michigan. (Motion ADOPTED.)

2005 VAN BUREN & WILSON STREET RECONSTRUCTION

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and water main replacement on Van Buren Street from Capitol to Adams and Wilson Street from Harding to Coolidge; and

WHEREAS, funding for this project is provided by the Local Street Fund and Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2005 Van Buren & Wilson Street Reconstruction; Contract No. 8", in the indicated amount of $278,157.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000. (Motion ADOPTED.)

SAGINAW ROAD RECONSTRUCTION – ADDITIONAL PAYMENT

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

WHEREAS, the Midland County Road Commission reconstructed Saginaw Road from Gordonville Road to the Saginaw County line during the 2004 construction season and included that part of Saginaw Road from Waldo Court to Gordonville Road, which is under the jurisdiction of the City of Midland; and

WHEREAS, on June 28, 2004, City Council approved having the Midland County Road Commission reconstruct that portion of Saginaw Road from Waldo Court to Gordonville Road at the estimated cost of $100,000 and a purchase order was issued for this work; and

WHEREAS, the Midland County Road Commission has completed said reconstruction and has invoiced the City of Midland in the amount of $128,869 for this work; and

WHEREAS, sufficient funds exist in the Major Street Fund to pay for the additional costs included in this invoice, from projects completed under budget; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to amend the purchase order to add $28,869 and remit payment to the Midland County Road Commission for the reconstruction of Saginaw Road from Waldo Court to Gordonville Road. (Motion ADOPTED.)

SUNGARD HTE SOFTWARE MAINTENANCE

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

WHEREAS, funds have been budgeted in the 2004-05 Information Services Maintenance budget for Computer Software maintenance; now therefore

RESOLVED, that the City Council hereby approves the payment to Sungard HTE for software maintenance from 9/1/2004 to 8/30/2005 in the amount of $71,512.62. (Motion ADOPTED.)

2005 SIDEWALK IMPROVEMENT PROGRAM HEARING OF NECESSITY

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

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

Austin Street (north side) from Bay City Road to Saginaw Road

Bay City Road (north side) from Austin Street to end of existing sidewalk

Bay City Road (south side) from Kuipers Drive to Fast Ice Drive

Fast Ice Drive (west side) from Bay City Road to south end of street

Hancock Drive (both sides) from Clay Street to Lee Street

Jefferson Avenue (east side) from Joseph Drive to Soccer Drive

Jefferson Avenue (west side) from Joe Mann Boulevard to the Jefferson overpass

Lee Street (both sides) from Quincy Drive to Hancock Drive

;and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the “2005 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

Austin Street (north side) from Bay City Road to Saginaw Road

Beginning at the intersection of the Northerly right of way line of Austin Street with the Easterly right of way line of Saginaw Road in Section 23, T. 14 N., R. 2 E., City of Midland, Michigan; thence Easterly, along the Northerly right of way line of Austin Street, to the Northerly right of way line of Bay City Road; thence North 200 feet; thence Westerly, parallel to the Northerly right of way line of Austin Street, to the Easterly right of way line of Saginaw Road; thence Southerly, along the Easterly right of way line of Saginaw Road, to the Point of Beginning.

Bay City Road (north side) from Austin Street to end of existing sidewalk

Beginning at the intersection of the Northerly right of way line of Bay City Road with the West line of Lot 39 of the Plat of Melrose in Section 23, T. 14 N., R. 2 E., City of Midland, Michigan; thence Westerly, along the Northerly right of way line of Bay City Road, to the Northerly right of way line of Austin Street; thence North 200 feet; thence Easterly, parallel to the Northerly right of way line of Bay City Road, to the West line of Lot 39 of the Plat of Melrose; thence South 200 feet, along the West line of said Lot 39, to the Point of Beginning.

Bay City Road (south side) from Kuipers Drive to Fast Ice Drive

Beginning at the intersection of the Southerly right of way line of Bay City Road with the Easterly right of way line of Kuipers Drive in Section 24, T. 14 N., R. 2 E., City of Midland, Michigan; thence East, along the Southerly right of way line of Bay City Road, to the Westerly right of way line of Fast Ice Drive; thence South 200 feet, along the Westerly right of way line of Fast Ice Drive; thence West, parallel to the Southerly right of way line of Bay City Road, to the Easterly right of way line of Kuipers Drive; thence North 200 feet, along the Easterly right of way line of Kuipers Drive, to the Point of Beginning.

Fast Ice Drive (west side) from Bay City Road to south end of street

Beginning at the intersection of the Southerly right of way line of Bay City Road with the Westerly right of way line of Fast Ice Drive in Section 24, T. 14 N., R. 2 E., City of Midland, Michigan; thence Southerly 1135.29 feet, along the Westerly right of way line of Fast Ice Drive; thence West 200 feet; thence Northerly, parallel to the Westerly right of way line of Fast Ice Drive, to the Southerly right of way line of Bay City Road; thence East 200 feet, along the Southerly right of way line of Bay City Road, to the Point of Beginning.

Hancock Drive (both sides) from Clay Street to Lee Street

Lots 36, 37, 38, 39, 40, 41 and 42 of Adams Acres Subdivision No. 1 in Section 13, T. 14 N., R. 2 E., City of Midland, Michigan.

Jefferson Avenue (east side) from Joseph Drive to Soccer Drive

Beginning at the intersection of the centerline of Joseph Drive with the West Section Line of Section 34, T. 15 N., R. 2 E., City of Midland, Michigan; thence East 200 feet, along the centerline of Joseph Drive; thence South, parallel to the West Section Line, to the Northerly right of way line of Soccer Drive; thence Westerly 200 feet, along the Northerly right of way line of Soccer Drive, to the West Section Line; thence North, along the West Section Line, to the Point of Beginning.

Jefferson Avenue (west side) from Joe Mann Boulevard to the Jefferson overpass

Beginning at the intersection of the centerline of Joe Mann Boulevard with the East Section Line of Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; thence West 200 feet, along the centerline of Joe Mann Boulevard; thence South, parallel to the East Section Line, to the Northerly right of way line of Soccer Drive; thence Easterly 200 feet, along the Northerly right of way line of Soccer Drive, to the East Section Line; thence North, along the East Section Line, to the Point of Beginning.

Lee Street (both sides) from Quincy Drive to Hancock Drive

Lots 16 thru 35 and Lots 43 thru 54 of Adams Acres Subdivision No. 1 in Section 13, T. 14 N., R. 2 E., City of Midland, Michigan.

;and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is one hundred thirty-seven thousand one hundred six dollars ($137,106); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be sixty-nine thousand nine hundred thirty dollars ($69,930) and that all other costs and expenses of said improvement amounting to sixty-seven thousand one hundred seventy-six dollars ($67,176) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 9, 2005 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, at the address 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 Public Acts of Michigan, 1962. (Motion ADOPTED.)

ZONING PETITION NO. 514

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

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 9, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on April 22, 2005 and to publish said notice on April 23, 2005.

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 RESIDENTIAL D ZONING TO THE PARCEL SOUTH OF LETTS STREET AND RESIDENTIAL A-4 ZONING TO THE PARCEL NORTH OF LETTS STREET 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:

SEC 31 T15N R2E COM AT NE COR OF SW ¼ OF NE ¼, TH N 41D 37M W 111.31 FT, S 78D 12M W 97.24 FT, S 28D 32M W 71.71 FT, W 16.69 FT, S 330 FT, E 220 FT, N 330 FT.

be, and the same is hereby changed to Residential D and Residential A-4.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)

ZONING PETITION NO. 515

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

ORDINANCE NO. ______

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:

SEC 31 T15N R2E COM 962 FT E ON NW/C OF SW ¼ OF NE ¼, TH E 16.5 FT, S 330 FT, W 16.5 FT, N 330 FT.

be, and the same is hereby changed to Residential D.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)

ZONING PETITION NO. 516

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

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 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:

SEC 1 T14N R1E COM 250 FT S OF INT OF N SEC LN & W 1/8 LN, TH S 237.48 FT, E 316.41 FT, S 26D 52M E 60 FT, S 56D 58M E 70 FT, S 552.28 FT, E 914.37 FT, N TO STATE DRAIN, NWLY ALG STATE DRAIN TO A PT 577.5 FT W OF N&S ¼ LN & 198 FT S OF N SEC LN, W TO A PT 135 FT E OF W 1/8 LN, S 52 FT, W 135 FT.

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. (Motion ADOPTED. Considered first reading.)

ZONING PETITION NO. 517

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

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 RESIDENTIAL A-4 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:

SEC 12 T14N R2E COM 140 FT N OF N 1/8 COR OR W SEC LN, TH N 645.8 FT TO HWY ROW SE ALONG HWY ROW 731.57 FT TO A PT 140 FT N OF 1/8 LN, W TO POB EXC HWY ROW ALONG WALDO ROAD

be, and the same is hereby changed to Residential A-4.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)

ZONING PETITION NO. 518

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

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 REGIONAL COMMERCIAL 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 COMMENCING AT THE NORTHEAST CORNER OF OUTLOT A, STARK’S SUBDIVISION THENCE WEST 202.92 FT, THENCE SOUTH TO SOUTH LINE OF OUTLOT A, THENCE EAST 204.28 FT., THENCE NORTH 202.4 FT TO BEGINNING

be, and the same is hereby changed to Regional 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. (Motion ADOPTED. Considered first reading.)

ZONING PETITION NO. 520

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

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 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:

Commencing at the North ¼ corner of Section 1, T14N, R1E thence North 87D 41M 30S West, 1326.37 feet along the North Section line to the West 1/8 corner; thence South 02D 10M 22S West, 1072.50 feet along the West 1/8 line to the point of beginning; thence South 87D 41M 30S East, 165.00 feet parallel with the North Section line; thence North 02D 10M 22S East, 407.92 feet parallel with the West 1/8 line; thence North 57D 37M 41S East, 219.19 feet radially to the center point of a 60.00 foot radius for a cul-de-sac of an ingress and egress easement; thence South 56D 57M 49S East, 70.00 feet radially from said center point; thence South 02D 10M 22S West, 552.58 feet parallel with the West 1/8 line to the North 1/8 line; thence North 87D 50M 53S West, 405.63 feet along the North 1/8 line to the West 1/8 line; thence North 02D 10M 22S East, 56.82 feet along the West 1/8 line to the point of beginning.

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. (Motion ADOPTED. Considered first reading.)

PROPOSED 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

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

WHEREAS, the City of Midland will receive $286,373 in Community Development Block Grant funds for fiscal year 2005-06; and

WHEREAS, an anticipated fund balance of $80,000 will be carried over into the fiscal year; and

WHEREAS, anticipated program income in the amount of $75,000 will be received; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on April 25, 2005, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table. (Motion ADOPTED.)

DOW CHEMICAL COMPANY – IFT APPLICATION

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

RESOLVED, that an application dated March 10, 2005 was received March 10, 2005 from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to construction of a market development plant at Michigan Operations that will include both real and personal property with a total project cost of $1,400,000, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, April 25, 2005, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)

DOW AGROSCIENCES – IFT APPLICATION

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

RESOLVED, that an application dated March 10, 2005 was received March 10, 2005 from Dow Agrosciences, LLC with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to new facilities for building improvements, machinery and equipment with the facility intended to provide for modification and expansion of the 941 Building at Michigan Operations for the production of a new herbicide in the amount of $3,600,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, April 25, 2005, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)

Being no further business the meeting adjourned at 9:05 p.m.

______________________________________

John E. Duso, Deputy City Clerk