May 23, 2005

 

A regular meeting of the City Council was held on Monday, May 23, 2005, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the May 9, 2005 regular meeting was offered by Councilman McKeag and seconded by Councilman Johnson.  (Motion ADOPTED.)

 

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

 

2005 MAKE MIDLAND BEAUTIFUL ART CELEBRATION

Jan Yuergens, Administrative Assistant for Public Services, on behalf of the Beautification Advisory Committee of the Parks and Recreation Commission, introduced Nancy Stark and Bernadette VanSlyck, co-chairs of the “2005 Make Midland Beautiful Program”.  Twenty-one elementary and middle school children were present and recognized for their works of art that depict, from their perspective, what makes Midland beautiful.  Mayor Black , with assistance from co-chairs Stark and VanSlyck, recognized each child.

 

CONDITIONAL USE PERMIT NO. 15

Assistant City Manager Jon Lynch introduced Conditional Use Permit No. 15 for 425 Waldo Avenue.  A public hearing opened at 7:34 p.m.  John Rapanos, representing Judy A. Rapanos, spoke in support of Council granting the conditional use permit.  Bill Wall, owner of Bone Daddy’s restaurant which currently resides at 425 Waldo Avenue, spoke in support of Council granting approval to the conditional use permit.  Kelly Fore, 415 Waldo Avenue; Mike Misze and Kim Welton, 419 Waldo Avenue; Fay Wood, 3501 Bay City Road; Ronda Stahl, 3138 Bay City Road; all spoke in opposition to the conditional use permit.  Rich Fosgitt, Bartow and King Engineers, spoke on behalf of the developer.  The hearing closed at 8:04 p.m.  The resolution acting on Conditional Use Permit No. 15 was offered by Councilman Johnson and seconded by Councilman McKeag.  Councilman Johnson moved, seconded by Councilman Myers to table action on Conditional Use Permit No. 15 until June 13, 2005.  The following resolution tabling action on said permit was then offered for consideration:

 

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

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

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

1.   Parking space 33 is eliminated if recommended by the Fire Department.

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

3.   A six foot tall opaque fence is required for screening along the south property line.

4.   A concrete curb or wheel chocks are provided along parking spaces 34-43.

; and

WHEREAS, City Council conducted a public hearing on said conditional use on Monday, May 23, 2005, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; now therefore

RESOLVED, that the City Council hereby tables action on Conditional Use Permit No. 15 until Monday, June 13, 2005, at 7:00 p.m.   (Motion ADOPTED.)

 

DDA TIF PLAN & DEVELOPMENT PLAN NO. 1 AMENDMENT NO. 2

Downtown Development Authority Executive Director Christin O’Callaghan presented information on an amendment to the Downtown Development Authority Tax Increment Financing Plan.  A public hearing opened at 9:00 p.m., recognizing no comments, the hearing closed at 9:00 p.m.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

 

WHEREAS, that in accord with the provisions of Act 197 of the Public Acts of Michigan, 1975, as amended, and after having given proper legal notice, and having conducted a public hearing on Monday, May 23, 2005, on the proposal to amend the Downtown Development Authority Tax Increment Financing Plan and Development Plan No. 1; now therefore

RESOLVED, that the Downtown Development Authority Tax Increment Financing Plan and Development Plan No. 1 Amendment No. 2 is hereby adopted.  (Motion ADOPTED.)

 

2004-05 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Martin McGuire presented an amendment to the 2004-05 Equipment Revolving Fund budget to recognize an unanticipated expenditure for the replacement of a city car recently totaled in an accident and to recognize the revenue from the insurance money collected for the vehicle.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, May 23, 2005, on the proposal to amend the 2004-05 financial working plan of the Equipment Revolving Fund to recognize the unanticipated expense of replacing administrative car unit #1-97 that was totaled in an accident in March and to recognize the resulting unanticipated revenue from insurance proceeds; now therefore

RESOLVED, that the 2004-05 financial working plan of the Equipment Revolving Fund is hereby amended to increase expenses by $14,000 for the purchase of a new administrative car, and to increase revenues by $10,423.50 to recognize the insurance money recovered for the wrecked vehicle.   (Motion ADOPTED.)

 

BUDGET AMENDMENT - PLAYGROUND EQUIPMENT

Director of Public Services Martin McGuire presented a budget amendment to increase revenues and expenditures to recognize gifts of $43,000 from the Midland Area Community Foundation, Ruth Dixon, and the Midland Community Center for the purchase of replacement playground equipment in Chippewassee Park.  A public hearing opened at 9:17 p.m.  Denise Spencer, President and CEO of the Midland Area Community Foundation, spoke regarding the contribution and the installation of the new play structure.  The hearing closed at 9:20 p.m.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland and after having given proper legal notice, and having conducted a public hearing Monday, May 23, 2005 on the proposal to amend the 2004-2005 General Fund Budget to recognize revenue received from donations totaling $43,000 and unanticipated expenditures for playground equipment in the amount of $43,000; now therefore

RESOLVED, that the 2004-2005 General Fund Budget is hereby amended to increase revenues by $43,000 to recognize donations and to increase expenses by $43,000 for the purchase of playground equipment.  (Motion ADOPTED.)

 

PLAYGROUND EQUIPMENT - PURCHASE

Director of Public Services Martin McGuire presented information on the waiving of competitive bids for the purchase of a new play structure in Chippewassee Park.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

WHEREAS, the recently adopted Parks and Recreation Master Plan identified the replacement of playground equipment as an issue; and

WHEREAS, the staff and the Parks and Recreation Commission have identified Chippewassee Park, Central Park, and Stratford Woods Park as priorities for equipment replacement; and

WHEREAS, the Midland Community Foundation and Ruth Dixon have pledged to donate $25,000 and $15,000 respectively to replace equipment in Chippewassee Park; and Council has accepted these donations, and through  a budget amendment has included them in the 2004-05 General Fund budget; and

WHEREAS, staff has identified a unique play structure which will enhance Chippewassee Park; and

WHEREAS, the identified structure features 14’ enclosed slides available from a single manufacturer; and

WHEREAS, Section 2-18 of the Code of Ordinances allows the City Council, by a four-fifths vote, to waive sealed proposals in cases where such proposals are unpractical; now therefore

RESOLVED, that such competitive bids are waived in accord with Section 2-18 of the Code of Ordinances and the Purchasing Agent is authorized to issue a purchase order in the amount of $44,725.00 to Engan-Tooley-Doyle & Associates, representative of Miracle Recreation Equipment Company.  (Motion ADOPTED.)

 

DOW CORNING IFT APPLICATION

City Assessor Reid Duford presented information on a request from Dow Corning Corporation for an Industrial Facilities Exemption Certificate relating to the purchase of personal property at the Midland Plant to upgrade technology, capacity and logistical capabilities.  A public hearing for both Dow Corning IFT applications was opened at 9:02 p.m.  Scott Walker, Midland Tomorrow Economic Director, spoke in support of the application.  Brian Money, Dow Corning Midland Site Manager, presented information on the projects and spoke in support of the applications.  The hearing closed at 9:11 p.m.  The following resolution was then offered by Councilman Johnson and seconded by Councilman Myers:

 

WHEREAS, the Dow Corning Corporation Industrial Development District was established by resolution of the Midland City Council on February 23, 1981; and       

WHEREAS, the Dow Corning 321 Plant Rehabilitation District was established by resolution of the Midland City Council on November 3, 1975; and

WHEREAS, the Dow Corning Corporation made an application dated April 12, 2005, which was received by the City Clerk on April 18, 2005, and which was amended April 22, 2005,  for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $1,204,860.07, with the same being located within the Dow Corning Corporation Industrial Development District and the Dow Corning 321 Plant Rehabilitation District to allow the Dow Corning Corporation to purchase new personal property at the Midland Plant to upgrade technology, capacity, and logistical capabilities resulting in an enhancement of the Specialty Chemical business’s economic viability; 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 May 23, 2005, 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 and/or plant rehabilitation 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 and/or plant rehabilitation 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 the Dow Corning Corporation 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 the Dow Corning Corporation for a new facility approval within the Industrial Development District and Plant Rehabilitation District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2017; and

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

 

DOW CORNING IFT APPLICATION

City Assessor Reid Duford presented information on a request from Dow Corning Corporation for an Industrial Facilities Exemption Certificate relating to both real and personal property to enhance capabilities and increase capacity of the Trichorosilane and Organosilane supply chains.  The following resolution was then offered by Councilman Myers and seconded by Councilman Johnson:

 

WHEREAS, the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District were established by resolution of the Midland City Council on February 23, 1981; and        

WHEREAS, the Dow Corning Corporation made an application dated April 12, 2005, which was received by the City Clerk on April 18, 2005, and which was amended April 22, 2005,  for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said Districts; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $713,341.38, which includes $708,221.80 in new personal property and $5,119.58 in real property improvements with the same being located within the Dow Corning Corporation Industrial Development District and the Dow Corning Corporation Plant Rehabilitation District to allow the Dow Corning Corporation to enhance capabilities and increase capacity of the Trichorosilane and Organosilane supply chains, within the Core Products business; 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 May 23, 2005, 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 and/or plant rehabilitation 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 and/or plant rehabilitation 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 the Dow Corning Corporation 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 the Dow Corning Corporation for a new facility approval within the Industrial Development District and Plant Rehabilitation District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2017; and

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

 

PUBLIC COMMENTS

No comments were made.

 

2005-06 CITY OF MIDLAND BUDGET

Director of Fiscal Services David Keenan presented the proposed 2005-06 City of Midland budget for adoption.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, a public hearing on the 2005-2006 budget was held on Monday, May 9, 2005, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 15 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all City taxes paid after the 15th day of September; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,432,040,700 plus $62,981,550 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2005 and ending June 30, 2006 is hereby determined and adopted as follows:

GENERAL FUND

 

  Sources of Funds:

 

    Taxes

$23,827,827

    Intergovernmental

    3,493,688

    Other revenues

    3,921,873

    Fund balance

    5,559,331

      Total Sources of Funds

$36,802,719

  Appropriations:

 

    General programs

$30,632,338

    Capital improvement

     1,027,698

    Transfers to other funds

     4,792,683

    Contingencies

       350,000

      Total Appropriations

$36,802,719

MAJOR STREET FUND

 

  Sources of Funds:

 

    State gas and weight tax

$2,850,000

    Other revenues

      248,135

    Transfer from other funds

      3,090,000

    Fund balance

     481,270

      Total Sources of Funds

$6,669,405

  Appropriations:

 

    Street maintenance

$ 1,379,635

    Street construction

   4,429,000

    Transfers to other funds

      840,770

    Contingencies

        20,000

      Total Appropriations

$ 6,669,405

LOCAL STREET FUND

 

  Sources of Funds:

 

    State gas and weight tax

$    775,000

    Other revenues

        41,600

    Transfers from other funds

    1,356,250

    Fund balance

      203,565

      Total Sources of Funds

$2,376,415

  Appropriations:

 

    Street maintenance

$ 1,018,607  

    Street construction

    1,137,000

    Transfers to other funds

       200,808

    Contingencies

         20,000

      Total Appropriations

$ 2,376,415

STORMWATER MANAGEMENT FUND 

 

  Sources of Funds:

 

    Transfer from other funds

  $556,578

    Other revenues

       44,000

    Fund balance

     237,724

      Total Sources of Funds

   $838,302


 

  Appropriations:

 

    Storm sewer maintenance

   $ 713,302  

    Construction

      100,000

    Contingencies

        25,000

      Total Appropriations

    $838,302

GRACE A. DOW LIBRARY FUND

 

  Sources of Funds:

 

    Operating revenues

$    394,197

    State funds

        66,000

    Other revenues

      229,000

    Transfers from other funds

   3,131,485

      Total Sources of Funds

$ 3,820,682

  Appropriations:

 

    Operating expenditures

$3,744,782

    Capital expenditures

        75,900

      Total Appropriations

$ 3,820,682

COMMUNITY DEVELOPMENT BLOCK GRANT FUND

 

  Sources of Funds:

 

    Federal grants

$  508,540

    Program income

      75,000

      Total Appropriations

$  583,540

  Appropriations:

 

    Residential home rehabs

$   192,569

    Other expenditures

     219,000

    Contingencies

       10,000

    Transfers to other funds

       10,000

    Fund balance

    151,971

      Total Appropriations

$   583,540

CABLE COMMUNICATIONS FUND

 

  Sources of Funds:

 

    Operating revenues

$   478,508

    Other revenues

         2,550

    Fund balance

      92,202

      Total Sources of Funds

$   573,260

  Appropriations:

 

    Operating expenditures

$    519,360

    Capital expenditures

        41,900

    Contingencies

        12,000

      Total Appropriations

$    573,260

DOWNTOWN DEVELOPMENT AUTHORITY FUND

 

  Sources of Funds:

 

    Property taxes

$    355,151

    Other revenues

        35,300

    Fund balance

       84,930

      Total Sources of Funds

$    475,381

  Appropriations:

 

    Operating expenditures

$   257,030

    Transfers to other funds

     123,351

    Capital expenditures

      80,000

    Contingencies

       15,000

      Total Appropriations

$   475,381


 

TRANSPORTATION (DIAL-A-RIDE) FUND

 

  Sources of Funds:

 

    Operating revenues

$    836,050

    Transfers from other funds

      659,312

      Total Sources of Funds

$ 1,495,362

  Appropriations:

 

    Operating expenses

$ 1,365,269

    Other expenses

        74,465

    Capital expenses

        45,628

    Contingencies

        10,000

      Total Appropriations

$ 1,495,362

SPECIAL ACTIVITIES FUND

 

  Sources of Funds:

 

    Contributions and other

$       30,200

  Appropriations:

 

    Capital expenditures

$     10,000

    Other expenditures

       18,189

    Fund balance

         2,011

      Total Appropriations

$     30,200

HOUSING FUND

 

  Sources of Funds:

 

    Sale of assets and other

$     124,901

  Appropriations:

 

    Cost of assets sold & other

$     121,000

    Fund balance

            3,901

     Total Appropriations

$     124,901

DEBT SERVICE FUND

 

  Sources of Funds:

 

    Property taxes

$ 1,547,996

    Transfer from other funds

      194,386

    Fund balance

          7,157

      Total Sources of Funds

$ 1,749,539

  Appropriations:

 

    Transfer to Wastewater Fund

$ 1,749,539

DDA DEBT SERVICE FUND

 

  Sources of Funds:

 

    Transfers from other funds

$     88,938

  Appropriations:

 

    Bond principal

$      75,000

    Bond interest & other

        13,938

      Total Appropriations

$     88,938

CIVIC ARENA FUND

 

  Sources of Funds:

 

    Operating revenue

$    943,500

    Other revenue

      850,000

    Transfers from other funds

      200,000

      Total Sources of Funds

$ 1,993,500

  Appropriations:

 

    Operating expenses

$    781,022

    Capital expenses

      512,544

    Interest expense

      254,934

    Retirement of debt

       445,000

      Total Appropriations

$  1,993,500

SANITARY LANDFILL FUND

 

  Sources of Funds:

 

    Operating revenue

$ 3,296,200

    Other revenue

      206,239

      Total Sources of Funds

$ 3,502,439

  Appropriations:

 

    Operating expenses

$ 1,874,655

    Other expenses

      123,387

    Capital expenses

    1,159,000

    Contingencies

         50,000

    Working capital

       295,397

      Total Appropriations

$ 3,502,439

WASHINGTON WOODS FUND

 

  Sources of Funds:

 

    Operating revenues

$ 1,177,712

    Other revenues

        12,801

    Transfer from other funds

        20,000

    Working capital

        89,694

      Total Sources of Funds

$ 1,300,207

  Appropriations:

 

    Operating expenses

$ 1,129,616

    Other expenses

       105,091

    Capital expenses

        55,500

    Contingencies

        10,000

      Total Appropriations

$ 1,300,207

RIVERSIDE PLACE FUND

 

  Sources of Funds:

 

    Operating revenues

$    978,000

    Other revenues

        48,200

    Working capital

      105,229

      Total Sources of Funds

$ 1,131,429

  Appropriations:

 

    Operating expenses

 $   994,429

    Other expenses

        92,000

    Capital expenses

        25,000

    Transfers to other funds

        10,000

    Contingencies

        10,000

      Total Appropriations

$ 1,131,429

GOLF COURSE FUND

 

  Sources of Funds:

 

    Operating revenues

$    840,270

    Other revenues

          6,000

      Total Sources of Funds

$   846,270

  Appropriations:

 

    Operating expenses

$   812,599

    Capital expenses

       10,250

    Contingencies

       10,000

    Working capital

$    13,421

      Total Appropriations

$  846,270


 

PARKING FUND

 

  Sources of Funds:

 

    Operating revenues

$     86,599

    Other revenues

            906

    Transfers from other funds

       35,000

    Working capital

        7,406

      Total Sources of Funds

$   129,911

  Appropriations:

 

    Operating expenses

$   129,911

WASTEWATER FUND

 

  Sources of Funds:

 

    Operating revenues

$ 4,645,190

    Transfers from other funds

   1,749,539

    Other revenues

        43,400

    Working capital

        62,784

      Total Sources of Funds

$ 6,500,913

  Appropriations:

 

    Operating expenses

$ 2,954,452

    Other expenses

      203,202

    Interest expense

      740,159

    Capital expenses

      663,100

    Retirement of debt

   1,790,000

    Transfers to other funds

      100,000

    Contingencies

        50,000

      Total Appropriations

$ 6,500,913

WATER FUND

 

  Sources of Funds:

 

    Operating revenues

$  8,275,220

    Contractual revenue

    1,124,000

    Other revenues

        139,417

    Working capital

        669,496

      Total Sources of Funds

$10,208,133

  Appropriations

 

    Operating expenses

$   5,837,873

    Other expenses

        383,589

    Interest expense

        747,206

    Capital expenses

     1,234,000

    Retirement of debt

     1,815,465

    Transfers to other funds

          90,000

    Contingencies

        100,000

      Total Appropriations

$ 10,208,133

DATA PROCESSING OPERATIONS

 

  Sources of Funds:

 

    Operating revenues

$  1,024,340

    Other revenues

         23,000

    Working capital

      127,914

      Total Sources of Funds

$ 1,175,254

  Appropriations:

 

    Operating expenses

$    978,754

    Other expenses

        21,500

    Capital expenses

      150,000

    Contingencies

        25,000

      Total Appropriations

$ 1,175,254

DATA PROCESSING RENTAL FUND

 

  Sources of Funds:

 

    Other revenues

$     13,500

    Working capital

     152,600

      Total Sources of Funds

$   166,100

  Appropriations:

 

    Operating expenses

$   116,100

    Capital expenses

       50,000

      Total Appropriations

$   166,100

GIS FUND

 

  Sources of Funds:

 

    Transfers from other funds

$  490,000

  Appropriations:

 

    Operating expenses

$   428,850

    Capital expenses

       61,150

      Total Appropriations

$   490,000

EQUIPMENT REVOLVING FUND

 

  Sources of Funds:

 

    Operating revenues

$ 3,117,090

    Other revenues

      184,234

      Total Sources of Funds

$ 3,301,324

  Appropriations:

 

    Operating expenses

$ 2,124,966

    Other expenses

      268,900

    Capital expenses

     781,100

    Contingencies

        25,000

    Working capital

      101,358

      Total Appropriations

$3,301,324

SERVICE CENTER RENTAL FUND

 

  Sources of Funds:

 

    Operating revenues

$   285,200

    Other revenue

       20,900

      Total Sources of Funds

$   306,100

  Appropriations:

 

    Operating expenses

$    218,032

    Capital expenses

        67,000

    Contingencies

        10,000

    Working capital

        11,068

 

$    306,100

PROPERTY AND LIABILITY INSURANCE FUND

 

  Sources of Funds:

 

    Operating revenues

$1,006,890

    Working capital

       23,810

      Total Sources of Funds

$1,030,700

  Appropriations:

 

    Operating expenses

$1,030,700

SPECIAL ASSESSMENT REVOLVING FUND

 

  Sources of Funds:

 

    Operating revenues

$    71,000

  Appropriations:

 

    Operating expenses

$    71,000

; and

 

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 11.80 mills for operations, negative 2.63 mills for a tax appeal contingency reserve reduction, and 0.62 mills for general obligation debt, a total of 9.79 mills, on the Taxable Value of the various classes of property in the City of Midland on the 2005 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the Taxable Value of the various classes of property on the 2005 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the Summer and Winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies and in the review and appeal processes; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after the legal due dates of September 15 and February 14 (or the next business day if those dates fall on a holiday or weekend) a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that all property tax reductions resulting from said negative 2.63 mill tax appeal contingency levy shall be deducted from the Tax Appeal Contingency Reserve within the General Fund, the balance of which shall be restricted solely for adjustments resulting from the major tax appeals of Midland Cogeneration Venture and The Dow Chemical Company for 1997 and subsequent years, and shall be accumulated until final disposition of said tax appeals occurs, whereupon any unused funds in said Reserve shall be returned to City taxpayers through a future millage reduction.  (Motion ADOPTED.)

 

QUARTERLY FINANCIAL STATEMENTS – MARCH 31, 2005

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

 

RESOLVED, that the quarterly operating statements of the City of Midland, for the quarter ended March 31, 2005, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination.  (Motion ADOPTED.)

 

JOINT BUILDING AUTHORITY AUDIT

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

 

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2004 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

BOARDS AND COMMISSIONS ATTENDANCE POLICY REPORT

Assistant City Manager Jack Duso presented a report on the Boards and Commissions Attendance Policy.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the attached report on the Boards and Commissions Attendance Policy is hereby received and placed on file in the Office of the City Clerk; and

RESOLVED FURTHER, that the City Attorney is hereby directed to prepare an ordinance amendment exempting the Downtown Development Authority from the Boards and Commissions Attendance Policy.  (Motion ADOPTED.)

 


DDA APPOINTMENT CONFIRMATION

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Jim Stamas to the Downtown Development Authority to fill an unexpired term to expire May 1, 2006.  (Motion ADOPTED.)

 

MATRIX:MIDLAND BANNERS

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

 

RESOLVED, that the request from Kate Nigro, Blue Moon Marketing, on behalf of the MATRIX:MIDLAND Festival to hang banners on the DDA poles on Main Street and in the Farmers Market area through the end of June to promote the Festival, is hereby approved subject to the following conditions:

  • Banner installation shall not occur during the busiest traffic times of 10 a.m. – 4 p.m., with the exception of the Farmers Market, which could be installed anytime other than when the Market is open.
  • Installer shall have vehicles that are properly lit for safety or proper traffic control signage would apply.
  • Coordination with Parks & Recreation Department will be necessary for obtaining a key in the Tridge area.
  • Two-way traffic shall be maintained during installation.
  • Safety vests and harnesses and other necessary personal protective equipment shall be used during installation
  • The same requirements apply for banner takedown operations.

; and

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

 

BOOK SALE NEAR FARMERS MARKET

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

 

RESOLVED, that the request from David Burke, a member of the Dow Tri-City Cyclist MS150 Team, to conduct a fundraising book sale on Saturday, June 18, 2005, from 8:00 a.m. – 1:00 p.m., with a rain date of June 25, is hereby approved subject to the following conditions:

  • A tent permit is required for all enclosed tents and may be obtained by contacting Fire Inspector Chris Coughlin at 837-3413.  Open-sided awnings do not require a permit.
  • Placement of the tent must not obstruct pedestrian or vehicular vision.
  • 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.)

 


SUMMER SOLSTICE STROLL

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

 

RESOLVED, that the request from the MDBA and the DDA Creating Cool Committee to conduct a Summer Solstice Stroll on Tuesday, June 21, 2005, from 6:00 – 9:00 p.m. in downtown Midland, is hereby approved subject to the following conditions:

  • Townsend Street must remain open.
  • A minimum 20’ wide fire lane on all streets affected by the event must be maintained.
  • The area adjacent to any door used for egress from a building shall be kept clear of obstructions.
  • The immediate areas adjacent to fire hydrants and building fire department sprinkler/standpipe connections shall be kept clear (a three foot radius).
  • Barrier free access of 5’ must be maintained on all affected sidewalks.
  • The event must be coordinated with the Ashman Streetscape project.
  • Barricade installation must be coordinated with the Department of Public Services.  Placement of the barricades should occur after 5:30 p.m.

; and

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

 

RIVERDAYS BANNERS

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

 

RESOLVED, that the request from Brian Jackson, Program Officer, Midland Area Community Foundation, to hang banners on the DDA poles on Main Street and in the Farmers Market area from July 1 – 18, 2005 to promote Riverdays, is hereby approved subject to the following conditions:

  • Banner installation shall not occur during the busiest traffic times of 10 a.m. – 4 p.m., with the exception of the Farmers Market, which could be installed anytime other than when the Market is open.
  • Installer shall have vehicles that are properly lit for safety or proper traffic control signage would apply.
  • Coordination with Parks & Recreation Department will be necessary for obtaining a key in the Tridge area.
  • Two-way traffic shall be maintained during installation.
  • Safety vests and harnesses and other necessary personal protective equipment shall be used during installation
  • The same requirements apply for banner takedown operations.

; and

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

 

SKYDIVER AND HOT AIR BALLOONS – FRATERNAL NORTHWEST LITTLE LEAGUE

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

 

RESOLVED, that the request from the Fraternal Northwest Little League to land a single skydiver at the Northwest Complex located on Sturgeon Road on Thursday, July 21, 2005, as part of the scheduled events taking place at the opening ceremony for the 11 Year Old State Little League Tournament, and to have two hot air balloons inflate and lift off from Barstow Airport and land within the city limits, depending on prevailing winds, is hereby approved subject to the following conditions:

  • Necessary NOTAMS must be filed with the FAA for both balloonists and skydivers.
  • Notification must be made no less than two days prior to the event to the airport attendant and the managers at Barstow Airport and Saginaw Tower regarding balloonists ascending and skydivers descending.
  • Landing is not allowed within City limits except in emergencies.
  • 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.)

 

PET PARADE

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

 

RESOLVED, that the request from the DDA Pet Parade Committee to conduct a Pet Parade on Saturday, August 20, 2005, near the Tridge, is hereby approved subject to the following conditions:

  • Barrier free access of 5’ must be in place during any sidewalk sales in the rights-of-way
  • All traffic laws must be obeyed in the rights-of-way

; and

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

 

2005 ASHMAN STREETSCAPE PROJECT – CHANGE ORDER NO. 1

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

 

WHEREAS, City Council awarded the construction contract for the 2005 Ashman Streetscape Improvements; Contract No. 2 to Sugar Construction on March 21, 2005 for street reconstruction and streetscape improvements on Ashman Street from Ann Street to Buttles Street, based upon construction plans prepared by Rowe, Inc. for the Downtown Development Authority; and 

WHEREAS, certain revisions and additions to the streetscape plan have been identified during the initial construction phase of the project and require the need for Change Order No. 1 to authorize Sugar Construction to proceed with these revisions; and

WHEREAS, the streetscape and street reconstruction revisions in the amount of $23,300.50 will be funded by the Downtown Development Authority and the Major Street Fund; and

WHEREAS, the Wastewater Department has found five locations where the sanitary sewer under Ashman Street requires repair in the area between Ellsworth Street and Larkin Street and the cost for the sewer repairs is $17,654.24 and will be funded by the Wastewater Fund and the work is included in Change Order No. 1; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 to the “2005 Ashman Streetscape Improvements; Contract No. 2 in the amount of $40,954.74.  (Motion ADOPTED.)

 


2005 ASHMAN STREET RECONSTRUCTION; CONTRACT NO. 1

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

 

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 resurfacing, sanitary and storm sewer repairs and water main replacement on Ashman Street from Buttles Street to Nelson Street; and

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

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2005 Ashman Street Reconstruction; Contract No. 1", in the indicated amount of $1,007,240.50, 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.)

 

PROPOSED 2004-05 MAJOR STREET FUND BUDGET AMENDMENT

The following resolution was offered by Councilman McKeag 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., Monday, June 13, 2005, in the Council Chambers of City Hall on the proposal to amend the Major Street Fund’s 2004-05 budget to increase expenditures to provide additional funding in the amount of $100,000 for the Ashman Street project.   (Motion ADOPTED.)

 

PROPOSED 2004-05 GENERAL FUND BUDGET AMENDMENT (SUMMER ENFORCEMENT)

The following resolution was offered by Councilman McKeag 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. on June 13, 2005 in the Council Chambers at City Hall on the proposal to amend the 2004-05 General Fund budget to increase revenues to recognize a grant of $44,760.00 from the Michigan State Police Office of Highway Safety Planning for reimbursement of overtime wages for the officers of the Midland Police Department and Midland County Office of the Sheriff during the “Summer Enforcement” campaign and to increase expenditures by $44,760.00 to allow for the wage reimbursement.  (Motion ADOPTED.)

 

PROPOSED 2004-05 GENERAL FUND BUDGET AMENDMENT (TRAFFIC ENFORCEMENT)

The following resolution was offered by Councilman McKeag 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. on June 13, 2005 in the Council Chambers at City Hall on the proposal to amend the 2004-05 General Fund Budget to increase revenues to recognize a grant of $25,000.00 from the Michigan State Police Office of Highway Safety Planning for the creation and organizing of the “Traffic Enforcement Association of Michigan” and to increase expenditures by $25,000.00 to allow for the expenditures in the creation of the organization.  (Motion ADOPTED.)

 


PROPOSED 2004-05 GENERAL FUND BUDGET AMENDMENT (MACP AWARD)

The following resolution was offered by Councilman McKeag 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. on June 13, 2005 in the Council Chambers at City Hall on the proposal to amend the 2004-05 General Fund Budget to increase revenues to recognize a “MACP Award Grant” of $1,000.00 from the Michigan State Police Office of Highway Safety Planning for the purchase of traffic accident investigation equipment and to increase expenditures by $1,000.00 to allow for the expenditures of purchasing the traffic accident investigation equipment.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk