April 10, 2006

 

A regular meeting of the City Council was held on Monday, April 10, 2006, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

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

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the March 20, 2006 special and regular meeting was offered by Councilman McKeag and seconded by Councilman Myers.  (Motion ADOPTED.)

 

JEFFERSON AVENUE / CHAPEL LANE INTERSECTION

Councilman Myers moved, seconded by Councilman Rokosz to remove the Jefferson Avenue/Chapel Lane Intersection item from the table.  (Motion ADOPTED.)

City Engineer Brian McManus presented a report on the recommended safety improvements at Chapel Lane and Jefferson Avenue. 

Jim Manser, 102 E. Chapel Lane, spoke on behalf of several neighbors who favored signalizing the intersection of Chapel Lane and Jefferson Avenue.

Mark Stachowiak, 103 E. Chapel Lane, shared his concerns that signalizing the Chapel and Jefferson intersection could have some negative impact.

Angela Meyer, 5412 Friar Lane; Karen McMahan, 815 Chapel Lane Circle; Mark McAdon, 705 Stillmeadow Lane, John Sigelko, 5013 Swede Avenue;  Geraldine Schram, 302 Hollybrook Drive; Marianne Riley, 508 Stillmeadow Lane; Carol Trombley, 508 Heathermoor Drive; Iana McAdon, 705 Stillmeadow Lane, Don Diebert, 308 W. Chapel Lane; and Kelly Schram Scoles, all spoke in favor of signalizing the intersection of Jefferson Avenue and Chapel Lane.

Jane Thickstrun, 111 Varner Court, expressed concern that signalizing this intersection may not be the solution to this type of accident.

Ronald Schram, 302 Hollybrook Drive, spoke regarding the progress of his granddaughter Nicole, who was one of the students hit by the car at the Jefferson and Chapel intersection.

The following resolution tabled on March 20, 2006, regarding the installation of a flashing beacon near Jefferson Avenue and Chapel Lane was then presented for consideration:

 

WHEREAS, a report has been received from the City Engineer indicating that the City’s professional traffic engineer Reid, Cool, and Michalski has reviewed information related to the recent vehicle and pedestrian accident at Jefferson Avenue and Chapel Lane on March 8, 2006; and

WHEREAS, the report indicates that two middle school students were seriously injured after a vehicle disobeyed a crossing guard stop sign; and

WHEREAS, the City’s professional traffic engineer has reviewed two alternatives to improve pedestrian safety, including the installation of a traffic signal and installation of pedestrian flashing beacons above existing advance pedestrian crossing signs; and

WHEREAS, the City’s professional traffic engineer has recommended that the City Council proceed immediately with the installation of pedestrian flashing beacons for both northbound and southbound directions that are timed to flash in a yellow color at designated student crossing times; now therefore

RESOLVED, that the City Council authorizes the City Manager to have pedestrian flashing beacons installed above the existing advance pedestrian crossing signs on Jefferson Avenue for both northbound and southbound directions as soon as feasibly possible.  (Motion DENIED.  Yeas:  None  Nays:  Adams, Johnson, McKeag, Myers, Rokosz)

 


CHAPEL LANE WIDENING AT JEFFERSON AVENUE

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

 

WHEREAS, a report has been received from the City Engineer indicating that the City’s professional traffic engineer Reid, Cool, and Michalski has reviewed information related to the recent vehicle and pedestrian accident at Jefferson Avenue and Chapel Lane on March 8, 2006; and

WHEREAS, the report indicates that two middle school students were seriously injured after a vehicle disobeyed a crossing guard stop sign; and

WHEREAS, the City’s professional traffic engineer has reviewed two alternatives to improve pedestrian safety, including the installation of a traffic signal and installation of pedestrian flashing beacons above existing advance pedestrian crossing signs; and

WHEREAS, the City’s professional traffic engineer has recommended that the City Council proceed immediately with the installation of pedestrian flashing beacons for both northbound and southbound directions that are timed to flash in a yellow color at designated student crossing times; and

WHEREAS, on March 21, 2006 Mayor Bruce Johnson and city staff attended a neighborhood meeting of approximately 70 interested citizens at the Chapel Lane Presbyterian Church expressing by a consensus that a traffic signal be installed at the Jefferson Avenue and Chapel Lane intersection; and

WHEREAS, the installation of a traffic signal will require the widening of the east leg of the intersection to accommodate a left turn lane directly opposed to the existing left turn lane on W. Chapel Lane; and

WHEREAS, although the vehicular and pedestrian activity at this intersection does not meet any of the 11 conditions specified in the Michigan Manual of Uniform Traffic Control Devices for installation of a traffic signal, the intersection currently meets one of the conditions for three out of the four required hours; and

WHEREAS, it has been determined by the City Council that due to an anticipated increase in traffic on Chapel Lane the condition requiring a certain minimum volume of traffic for four hours on Chapel Lane will be met in the near future; now therefore

RESOLVED, that City Council hereby authorizes and directs the City Manager to install a full traffic signal at the intersection of Jefferson Avenue and Chapel Lane and widen the east side of Chapel Lane at Jefferson Avenue as soon as feasibly possible; and

RESOLVED FURTHER, 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., April 24, 2006, in the Council Chambers of City Hall on the proposal to amend the 2005-06 Major Street Fund budget to provide additional funding and appropriation for said improvements at the intersection of Jefferson Avenue and Chapel Lane.  (Motion ADOPTED.)

 

Council recessed from 8:45 p.m. to 8:50 p.m.

 

CIVIC ARENA REDEVELOPER DESIGNATION

Assistant City Manager Jon Lynch presented information on proposals received by the City of Midland for the redevelopment of the Civic Arena.  John Rothaar, 512 Crescent Court and a member of the Parks and Recreation Commission; Gail Hanna, 3000 Mt. Vernon Drive; Dan Veresh, 515 E. Nelson Street; Tom Boomgaard, 2862 E. Bombay Road; David Dauer, 2217 Tennessee Street and member of the Parks and Recreation Commission; and Amy Ware, 2020 E. Ashman Street, all spoke in favor of demolishing the Civic Arena and developing the site as park space.  Public Services Director Martin McGuire spoke regarding the Parks Master Plan process.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

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

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

WHEREAS, a Request for Proposals was utilized to solicit, quantify, and evaluate interest in such redevelopment projects; and

WHEREAS, responses to the Request for Proposals were due on February 7, 2006; and

WHEREAS, on February 20, 2006 the Midland City Council received proposals from Endeavor Properties and The Villas at Central Park, LLC; and

WHEREAS, residents within 300’ of the Civic Arena property were notified of the presentation date of March 20, 2006; and

WHEREAS, having received formal presentation of the proposals on March 20, 2006; now therefore

RESOLVED, that upon consideration of the established redevelopment goals the City Council hereby selects The Villas at Central Park, LLC as the Designated Redeveloper of the Midland Civic Arena; and

RESOLVED FURTHER, that staff is hereby directed to enter into negotiation of a redevelopment agreement with the Designated Redeveloper.   (Motion ADOPTED.  Yeas:  Johnson, McKeag, Myers  Nays:  Adams, Rokosz)

 

PUBLIC COMMENTS

No public comments were made.

 

PROPOSED 2006-07 BUDGET

Fiscal Services Director David Keenan presented the City Manager’s proposed budget for the 2006-07 fiscal year.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, City Council has previously approved, at its regular Council meeting on November 28, 2005, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 24, 2006, in the Council Chambers of City Hall, on the proposed 2006-07 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 8, 2006, in the Council Chambers of City Hall on the proposed 2006-07 budget; now therefore

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2006-07 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 said public hearing to be held on May 8, 2006 shall also include a hearing required by the Truth in Taxation Act; and

RESOLVED FURTHER, that copies of the proposed 2006-07 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 2005-06 budget and the 2006-07 proposed budget.  (Motion ADOPTED.)

 


CONTRACTED APPRAISAL SERVICES – DOW TAX APPEAL

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

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates, n/k/a Truax, Robles & Baldwin Appraisers, LLC, Baker & O’Brien and Terzo & Bologna, Inc. have been retained in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on March 7, 2005, City Council authorized payments to the appraisal firms of Max Derbes & Associates, n/k/a Truax, Robles & Baldwin Appraisers, LLC, Baker & O’Brien and Terzo & Bologna, Inc. for their services in a total amount not to exceed $10,000,000.00; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2005-2006 Appraisal Fees budget of The Dow Chemical Company Tax Appeal activity; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to the appraisal firms of Truax, Robles & Baldwin Appraisers, LLC, Baker & O’Brien and Terzo & Bologna, Inc. for appraisal services in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $10,500,000.00.  (Motion ADOPTED.)

 

2006 WHEELER STREET RECONSTRUCTION

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

 

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 of Wheeler Street from Jefferson Avenue to Foster Road; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2006 Wheeler Street Reconstruction; Contract No. 10", in the indicated amount of $443,770.60, 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.)

 

PURCHASE ORDER INCREASE – SHULTS EQUIPMENT

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order 17984 to Shults Equipment of Ithaca, Michigan up to the amount of $33,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 


PURCHASE ORDER INCREASE – NAPA AUTO PARTS

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17941 to NAPA Auto Parts of Midland, Michigan up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – MCDONALD FORD

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17862 to McDonald Ford of Freeland, Michigan up to the amount of $30,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – SOUTHWEST BRAKE

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17987 to Southwest Brake of Saginaw, Michigan up to the amount of $28,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – SPARTAN DISTRIBUTORS

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17988 to Spartan Distributors of Sparta, Michigan up to the amount of $23,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – EASTMAN EXIT AUTO

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17807 to Eastman Exit Auto of Midland, Michigan up to the amount of $23,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – HOEKSTRA TRUCK

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

 

WHEREAS, the City garage makes regular purchases from vendors to maintain an inventory of items for vehicle maintenance and repair; and

WHEREAS, sufficient funding for such purchases is included in the proposed amended 2005-06 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order #17980 to Hoekstra Truck of Grand Rapids, Michigan up to the amount of $22,000 for the purchase of vehicle and equipment parts.  (Motion ADOPTED.)

 

CALTECH INDUSTRIES, INC. – IFT APPLICATION

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

 

RESOLVED, that an application dated March 30, 2006 was received March 31, 2006, from Caltech Industries, Inc., 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 tax exemption certificate within the Dow Chemical Company Industrial Development District No. 2 (Ashman Street Area), relating to the purchase of personal property to furnish and equip 4,704 square feet of leased office and lab space located at the MITECH+ Opportunity Center, with the project having a cost of $96,098.00 and being expected to retain 15 existing jobs at the facility and create 5 new jobs within two years of project completion, 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 24, 2006, 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.)

 

2006 SIDEWALK IMPROVEMENT PROGRAM

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

 

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:

      Bay City Road (south side)               from Fast Ice Drive to the US-10 right of way line

      Foster Road (east side)                    from Wheeler Street to Hollyberry Drive

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

      Jefferson Cross-Over (north side)    from Saginaw Road to Jefferson Avenue

      Sturgeon Avenue (east side)            from Valerie Street to end of existing sidewalk

      Wheeler Street (north side)              from Foster Road to Butterfield 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 “2006 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

   Bay City Road (south side)            from Fast Ice Drive to US-10

Beginning at the intersection of the Southerly right of way line of Bay City Road with the Easterly right of way line of Fast Ice 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 Section Line common to Section 24, T. 14 N., R. 2 E., and Section 19, T. 14 N., R. 3 E.;  thence East 561 feet, along the Southerly right of way line of Bay City Road; thence South 200 feet; thence West, parallel to the Southerly right of way line of Bay City Road, to the Easterly right of way line of Fast Ice Drive; thence North 200 feet, along the Easterly right of way line of Fast Ice Drive, to the Point of Beginning.

Foster Road (east side)                 from Wheeler Street to Hollyberry Drive

Beginning at the South ¼ Corner of Section 2, T. 14 N., R. 2 E., City of Midland, Michigan;  thence North 1780 feet, along the North-South ¼ Line, to the Southerly right of way line of Hollyberry Drive; thence East 183 feet, along the Southerly right of way line of Hollyberry Drive;  thence South 1450 feet, parallel to the North-South ¼ Line; thence West 25 feet; thence South 330 feet, parallel to the North-South ¼ Line, to the South Section Line; thence West 158 feet, along the South Section Line, to the Point of Beginning.

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

Lots 34, 35, 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 Cross-Over (north side) from Clay Street to Lee Street

Beginning at a point on the Northeast right of way line of Saginaw Road, said point being 980 feet Southeast from the South 1/8 line of Section 9, T. 14 N., R. 2 E., City of Midland, Michigan; thence East to the West right of way line of Jefferson Avenue; thence North 155 feet, along the West right of way line of Jefferson Avenue, to the South line of Mol Subdivision; thence West 240 feet, along the South line of Mol Subdivision, to the Southeast corner of Lot 13; thence South 60 feet, along the East line of Lot 13 extended South; thence West, parallel to the South line of Mol Subdivision, to the Northeast right of way line of Saginaw Road; thence Southeast, along the Northeast right of way line of Saginaw Road, to the Point of Beginning.

   Sturgeon Avenue (east side)          from Valerie Lane to end of existing walk

Beginning at the West ¼ Corner of Section 5, T. 15 N., R. 2 E., City of Midland, Michigan; thence East 264 feet, along the East-West ¼ Line; thence South 330 feet; thence West 115.5 feet; thence South 326.29 feet; thence West 148.5 feet, to the West Section Line; thence North 656.14 feet, along the West Section Line, to the Point of Beginning; ALSO; Lot 94 of Green Meadows Subdivision.

Wheeler Street (north side)            from Foster Road to Butterfield Drive

Beginning at the South ¼ Corner of Section 2, T. 14 N., R. 2 E., City of Midland, Michigan;  thence East 942.5 feet, along the South Section Line; thence North 200 feet; thence West 784.5 feet, parallel to the South Section Line; thence South 62 feet; thence West 158 feet, parallel to the South Section Line, to the North-South ¼ Line; thence South 138 feet, along the North-South ¼ Line, to the Point of Beginning; ALSO; Lot 19 of Fosterwoods Subdivision No. 2.

;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 eighty-three thousand three hundred seventy dollars ($83,370); 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 twenty thousand forty-six dollars ($20,046) and that all other costs and expenses of said improvement amounting to sixty-three thousand three hundred twenty-four dollars ($63,324) 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 8, 2006 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. 528

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, March 28, 2006 for property located at 4124 Waldo Avenue for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 8, 2006, 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 21, 2006 and to publish said notice on April 22, 2006.

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 B ZONING WHERE A RESIDENTIAL A-4 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:

BEG 380 FT N OF W ¼ COR TH E 250 FT S 88 FT E 462 FT S 107 FT E TO US 10 HWY NWLY ALG ROW TO N ¼ LN W TO A PT 416 FT E OF W SEC LN S 520 FT W 416 FT S TO POB T14N R2E.

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

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 BUDGET & FINANCIAL WORKING PLANS AMENDMENT

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

 

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., April 24, 2006, in the Council Chambers of City Hall on the proposal to amend the 2005-2006 budgets and financial working plans as follows:

GENERAL FUND

Current

Proposed

  Sources of Funds:

 

 

    Taxes

$23,827,827

$23,887,392

    Intergovernmental

    3,670,573

    3,727,409

    Other revenues

    3,944,473

    4,683,081

    Fund balance

    7,548,051

    6,089,651

      Total Sources of Funds

$38,990,924

$38,387,533

  Appropriations:

 

 

    General programs

$32,076,420

$31,834,274

    Capital improvement

       687,347

      938,763

    Transfers to other funds

    5,877,157

    5,514,496

    Contingencies

       350,000

       100,000

      Total Appropriations

$38,990,924

$38,387,533

MAJOR STREET FUND

 

 

  Sources of Funds:

 

 

    State gas and weight tax

$ 2,850,000

$2,800,000

    Other revenues

      475,960

     949,882

    Transfer from other funds

     3,815,000

     3,858,222

    Fund balance

      563,423

     568,860

      Total Sources of Funds

$ 7,704,383

$8,176,964

  Appropriations:

 

 

    Street maintenance

$ 1,409,288

$ 1,539,168

    Street construction

   5,434,325

   5,809,325

    Transfers to other funds

      840,770

      828,471

    Contingencies

        20,000

                     

      Total Appropriations

$ 7,704,383

$ 8,176,964

LOCAL STREET FUND

 

 

  Sources of Funds:

 

 

    State gas and weight tax

$   775,000

$    750,000

    Other revenues

       41,600

       50,000

    Transfers from other funds

  1,356,250

   1,415,203

    Fund balance

     365,632

     384,994

      Total Sources of Funds

$2,538,482

$ 2,600,197

  Appropriations:

 

 

    Street maintenance

$ 1,024,674

$  1,112,243  

    Street construction

   1,293,000

    1,293,000

    Transfers to other funds

      200,808

      194,954

    Contingencies

        20,000

                     

      Total Appropriations

$ 2,538,482

$ 2,600,197

STORMWATER MANAGEMENT FUND 

 

 

  Sources of Funds:

 

 

    Transfer from other funds

$  556,578

$ 538,525

    Other revenues

      44,000

     42,585

    Fund balance

    257,724

   171,134

      Total Sources of Funds

$  858,302

$ 752,244

  Appropriations:

 

 

    Storm sewer maintenance

$ 658,302

$ 577,244  

    Transfers to other funds

   175,000

   175,000

    Contingencies

     25,000

                    

      Total Appropriations

$ 858,302

$ 752,244

GRACE A. DOW LIBRARY FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   394,197

$    419,988

    State funds

       66,000

        54,646

    Other revenues

     229,000

      382,409

    Transfers from other funds

  3,131,485

   2,860,412

    Fund balance

         6,995

         6,995

      Total Sources of Funds

$3,827,677

$ 3,724,450

  Appropriations:

 

 

    Operating expenditures

$3,756,277

$3,681,652

    Capital expenditures

       71,400

       42,798

      Total Appropriations

$3,827,677

$ 3,724,450

COMMUNITY DEVELOPMENT BLOCK GRANT FUND

 

 

  Sources of Funds:

 

 

    Federal grants

$  508,540

$  760,247

    Program income

      75,000

      90,261

      Total Appropriations

$  583,540

$  850,508

  Appropriations:

 

 

    Residential home rehabs

$  195,269

$     90,675

    Other expenditures

    274,000

     194,236

    Contingencies

      10,000

   

    Transfers to other funds

      10,000

       10,000

    Fund balance

      94,271

     555,597

      Total Appropriations

$  583,540

$   850,508

CABLE COMMUNICATIONS FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$  478,508

$   446,890

    Other revenues

        2,550

         5,620

    Fund balance

      93,286

       63,318

      Total Sources of Funds

$  574,344

$   515,828

  Appropriations:

 

 

    Operating expenditures

$  537,954

$    501,204

    Capital expenditures

      24,390

        14,624

    Contingencies

      12,000

                      

      Total Appropriations

$  574,344

$    515,828

DOWNTOWN DEVELOPMENT AUTHORITY FUND

 

 

  Sources of Funds:

 

 

    Property taxes

$  355,151

$   355,666

    Other revenues

      35,300

       61,679

    Fund balance

    280,955

     228,857

      Total Sources of Funds

$  671,406

$    646,202

  Appropriations:

 

 

    Operating expenditures

$  276,623

$   265,792

    Transfers to other funds

    123,351

     123,438

    Capital expenditures

    256,972

     256,972

    Contingencies

      14,460

                     

      Total Appropriations

$  671,406

$   646,202


 

TRANSPORTATION (DIAL-A-RIDE) FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   944,476

$  1,096,530

    Transfers from other funds

     659,312

      571,724

    Fund balance

       54,372

        76,219

      Total Sources of Funds

$1,658,160

$ 1,744,473

  Appropriations:

 

 

    Operating expenses

$  1,365,269

$ 1,455,074

    Other expenses

         74,465

        77,802

    Capital expenses

       208,426

      211,597

    Contingencies

          10,000

        10,000

      Total Appropriations

$ 1,658,160

$ 1,744,473

SPECIAL ACTIVITIES FUND

 

 

  Sources of Funds:

 

 

    Contributions and other

$    30,200

$       36,711

  Appropriations:

 

 

    Capital expenditures

$    10,000

  $  

    Other expenditures

      18,189

       24,628

    Transfer to other funds

 

         2,750

    Fund balance

       2,011

          9,333

      Total Appropriations

$   30,200

$     36,711

HOUSING FUND

 

 

  Sources of Funds:

 

 

    Sale of assets and other

$   124,901

$     309,168

  Appropriations:

 

 

    Cost of assets sold & other

$   121,000

$     350,498

    Fund balance

         3,901

        (41,330)

     Total Appropriations

$   124,901

$     309,168

DEBT SERVICE FUND

 

 

  Sources of Funds:

 

 

    Property taxes

$  1,547,996

$ 1,549,150

    Transfer from other funds

       194,386

      194,386

    Other income

 

          7,124

    Fund balance

          7,157

        (18,743)

      Total Sources of Funds

$ 1,749,539

$ 1,731,917

  Appropriations:

 

 

    Transfer to Wastewater Fund

$,1,749,539

$ 1,731,917

DDA DEBT SERVICE FUND

 

 

  Sources of Funds:

 

 

    Transfers from other funds

$    88,938

$    88,438

  Appropriations:

 

 

    Bond principal

$    75,000

$     75,000

    Bond interest & other

      13,938

       13,438

      Total Appropriations

$    88,938

$     88,438

CIVIC ARENA FUND

 

 

  Sources of Funds:

 

 

    Operating revenue

$    943,500

$ 1,001,026

    Other revenue

      850,000

      941,669

    Transfers from other funds

      200,000

   1,803,902

      Total Sources of Funds

$ 1,993,500

$ 3,746,597

  Appropriations:

 

 

    Operating expenses

$    781,022

$     936,584

    Capital expenses

      512,544

    2,009,927

    Interest expense

      254,934

       255,046

    Retirement of debt

      445,000

       445,000

    Fund balance

                     

       100,040

      Total Appropriations

$ 1,993,500

$  3,746,597

SANITARY LANDFILL FUND

 

 

  Sources of Funds:

 

 

    Operating revenue

$  3,296,200

$ 3,021,028

    Other revenue

       206,239

      152,738

      Total Sources of Funds

$  3,502,439

$ 3,173,766

  Appropriations:

 

 

    Operating expenses

$   1,844,655

$ 2,028,283

    Other expenses

        123,387

      154,160

    Capital expenses

    1,872,599

    1,608,151

    Contingencies

         43,870

         20,000

    Transfer to other funds

 

    1,603,902

    Working capital

      (382,072)

   (2,240,730)

      Total Appropriations

$  3,502,439

$ 3,173,766

WASHINGTON WOODS FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$  1,177,712

$ 1,180,838

    Other revenues

         36,435

        53,539

    Transfer from other funds

         70,000

        70,000

    Working capital

         89,694

        36,361

      Total Sources of Funds

$  1,373,841

$ 1,340,738

  Appropriations:

 

 

    Operating expenses

$  1,139,616

$ 1,090,983

    Other expenses

       128,725

      144,869

    Capital expenses

       105,500

      104,886

    Contingencies

                     

                     

      Total Appropriations

$  1,373,841

$ 1,340,738

RIVERSIDE PLACE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   978,000

$ 1,013,625

    Other revenues

       64,200

        87,231

    Working capital

     118,106

          8,003

      Total Sources of Funds

$1,160,306

$ 1,108,859

  Appropriations:

 

 

    Operating expenses

$ 1,007,306

 $   961,227

    Other expenses

      108,000

      106,491

    Capital expenses

        25,000

        31,141

    Transfers to other funds

        10,000

        10,000

    Contingencies

        10,000

                     

      Total Appropriations

$ 1,160,306

$ 1,108,859

GOLF COURSE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$    840,270

$    809,996

    Other revenues

          6,000

          5,911

      Total Sources of Funds

$     846,270

$    815,907

  Appropriations:

 

 

    Operating expenses

$    812,599

$   853,091

    Capital expenses

        10,250

       10,250

    Contingencies

        10,000

      

    Working capital

        13,421

      (47,434)

      Total Appropriations

$    846,270

$  815,907


 

PARKING FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   86,599

$      76,379

    Other revenues

          906

          2,527

    Transfers from other funds

     35,000

        35,000

    Working capital

       7,406

         (4,425)

      Total Sources of Funds

$ 129,911

$   109,481

  Appropriations:

 

 

    Operating expenses

$  129,911

$   109,481

WASTEWATER FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$  4,645,190

$ 4,513,066

    Transfers from other funds

    1,749,539

   1,734,917

    Other revenues

         43,400

      111,621

    Working capital

       386,753

      539,263

      Total Sources of Funds

$ 6,824,882

$ 6,898,867

  Appropriations:

 

 

    Operating expenses

$ 2,980,090

$ 3,018,248

    Other expenses

      203,202

      217,202

    Interest expense

      740,159

      518,927

    Capital expenses

   1,008,531

   1.038,490

    Retirement of debt

   1,790,000

   1,981,000

    Transfers to other funds

      100,000

      100,000

    Contingencies

          2,900

        25,000

      Total Appropriations

$ 6,824,882

$ 6,898,867

WATER FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   8,275,220

$  8,343,854

    Contractual revenue

     1,124,000

    1,105,065

    Other revenues

        139,417

       272,712

    Working capital

    3,338,208

    3,225,700

      Total Sources of Funds

$12,876,845

$12,947,331

  Appropriations

 

 

    Operating expenses

$   6,014,926

$   6,100,549

    Other expenses

       383,589

        396,572

    Interest expense

       747,206

        746,482

    Capital expenses

    3,777,759

     3,748,263

    Retirement of debt

    1,815,465

     1,815,465

    Transfers to other funds

         90,000

          90,000

    Contingencies

         47,900

          50,000

      Total Appropriations

$12,876,845

$ 12,947,331

DATA PROCESSING OPERATIONS

 

 

  Sources of Funds:

 

 

    Operating revenues

$  1,024,340

$ 1,025,590

    Other revenues

         23,000

        44,193

    Working capital

       588,739

      473,182

      Total Sources of Funds

$  1,636,079

$ 1,542,965

  Appropriations:

 

 

    Operating expenses

$ 1,015,256

$    957,142

    Other expenses

        21,500

        21,500

    Capital expenses

      574,323

      564,323

    Contingencies

        25,000

                     

      Total Appropriations

$ 1,636,079

$ 1,542,965

DATA PROCESSING RENTAL FUND

 

 

  Sources of Funds:

 

 

    Other revenues

$    13,500

$     14,388

    Working capital

    152,600

     139,554

      Total Sources of Funds

$  166,100

$   153,942

  Appropriations:

 

 

    Operating expenses

$  141,282

$   139,816

    Capital expenses

      24,818

       14,126

      Total Appropriations

$  166,100

$   153,942

GIS FUND

 

 

  Sources of Funds:

 

 

    Transfers from other funds

$  490,000

$  490,000

    Interest earnings

                    

        2,630

 

$  490,000

$  492,630

  Appropriations:

 

 

    Operating expenses

$  348,850

$   322,497

    Capital expenses

    141,150

     141,000

    Fund balance

                    

       29,133

 

$  490,000

$   492,630

EQUIPMENT REVOLVING FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$ 3,117,090

$ 2,995,159

    Other revenues

      235,639

      250,735

      Total Sources of Funds

$ 3,352,729

$ 3,245,894

  Appropriations:

 

 

    Operating expenses

$ 2,124,966

$ 2,203,570

    Other expenses

      268,900

      294,198

    Capital expenses

   1,083,065

   1,095,065

    Contingencies

        25,000

        15,000

    Working capital

      (149,202)

      (361,939)

      Total Appropriations

$ 3,352,729

$ 3,245,894

SERVICE CENTER RENTAL FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$  285,200

$   284,078

    Other revenue

      20,900

       21,262

      Total Sources of Funds

$  306,100

$   305,340

  Appropriations:

 

 

    Operating expenses

$   218,032

$    231,438

    Capital expenses

       87,000

        84,377

    Contingencies

       10,000

       

    Working capital

        (8,932)

       (10,475)

 

$   306,100

$    305,340

PROPERTY AND LIABILITY INSURANCE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$1,006,890

$1,087,581

    Working capital

       23,810

       (14,459)

      Total Sources of Funds

$1,030,700

$1,073,122

  Appropriations:

 

 

    Operating expenses

$1,030,700

$1,073,122

SPECIAL ASSESSMENT REVOLVING FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   71,000

$    114,766

  Appropriations:

 

 

    Operating expenses

$  71,000

$   114,766

(Motion ADOPTED.)

 

RECOGNITION OF KARL TOMION – GOVERNOR’S TASK FORCE

Mayor Bruce Johnson presented a resolution recognizing City Manager Karl Tomion’s appointment and service on the Governor’s Task Force on Local Government Services and Fiscal Stability.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

IN RECOGNITION

WHEREAS, on April 18, 2005 Governor Jennifer Granholm signed an executive order establishing the Task Force on Local Government Services and Fiscal Stability; and

WHEREAS, the task force was charged with examining sources of revenue for local governments in Michigan, reviewing the services they provide, identifying state policies, regulations, or laws that hinder local governments’ ability to attract economic development, deliver services effectively, or maintain an acceptable quality of life for its citizens, and for discussing policy changes that would support cooperation among local governments to spur economic growth; and

WHEREAS, the task force consisted of 15 voting members of which four members represented cities and villages, four represented counties, four represented townships, and three represented special purpose local districts or authorities in addition to the State Treasurer and State Budget Director serving as non-voting members; and

WHEREAS, Governor Granholm appointed Midland City Manager, Karl S. Tomion, to the task force as one of the four members representing Michigan cities and villages; and

WHEREAS, in addition to the meetings of the task force, the four representatives of Michigan cities and villages met separately to advance public policy to benefit all cities and villages throughout the state of Michigan; and

WHEREAS, on Wednesday, March 22, 2006, Karl represented the cities and villages delegation of the task force on a four member panel at the Michigan Municipal League’s Legislative Conference in Lansing, Michigan that presented the task force results and plans for enacting them to elected and appointed officials of cities and villages throughout Michigan; and

WHEREAS, in recognition and appreciation of the significant time commitment and expertise Karl gave in his service on the Governor’s Task Force on Local Government Services and Fiscal Stability, the Michigan Municipal League presented him with its Outstanding Service Award to recognize his outstanding service on behalf of all Michigan cities and villages; and

WHEREAS, the City Council is proud of Karl’s appointment by the Governor and his valuable contribution to this task force; now therefore

RESOLVED, that the City Council hereby extends its appreciation and recognition of Karl S. Tomion’s significant contribution to the long-term health and success of local government in Michigan through his service to all Michigan cities and villages on the Governor’s Task Force on Local Government Services and Fiscal Stability.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 10:45 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk