April 24, 2006

A regular meeting of the City Council was held on Monday, April 24, 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 April 10, 2006 special and regular and April 17, 2006 special meetings was offered by Councilman McKeag and seconded by Councilman Adams. (Motion ADOPTED.)

MIDLAND POLICE DEPARTMENT ANNUAL REPORT PRESENTATION

Midland Police Chief James St. Louis presented the Midland Police Department Annual Report for 2005/06.

2005-06 MAJOR STREET FUND BUDGET AMENDMENT

City Engineer Brian McManus presented an amendment to the 2005-06 Major Street Fund budget to provide additional revenue and to increase appropriations for costs associated with the Jefferson / Chapel Lane traffic signal installation. A public hearing opened at 7:23 p.m., recognizing no public comments, the hearing closed at 7:23 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, and after giving proper legal notice, and having conducted a public hearing on April 24, 2006, the Major Street Fund 2005-06 budget shall be amended to increase revenue by $75,000 to recognize additional County Road Millage transfers from the Major Street Construction Fund, and to increase appropriations by $75,000 for costs associated with the Jefferson / Chapel Lane traffic signal installation. (Motion ADOPTED.)

CALTECH INDUSTRIES, INC. – IFT APPLICATION

City Assessor Reid Duford presented a request from Caltech Industries, Inc. for an Industrial Facilities Exemption Certificate within The Dow Chemical Industrial Development District No. 2, relating to the purchase of personal property. A public hearing opened at 7:25 p.m. Midland Tomorrow Executive Director Scott Walker spoke in support of the Industrial Facilities Exemption Certificate. Katherine Anders, General Manager for Caltech Industries, Inc., spoke regarding Caltech Industries and its expansion project. The hearing closed at 7:33 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, the Dow Chemical Company Industrial Development District No. 2 (Ashman Street Area) was established by resolution of the Midland City Council on July 25, 1988; and

WHEREAS, Caltech Industries, Inc. made an application dated March 30, 2006, which was received by the City Clerk on March 31, 2006, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $96,098.00 which is entirely for new personal property with the same being located within the Dow Chemical Company Industrial Development District No. 2 (Ashman Street Area) to allow Caltech Industries, Inc. to purchase new personal property to furnish and equip 4,704 square feet of leased office and lab space located at the MITECH+ Opportunity Center, and is expected to retain fifteen existing jobs and create five new jobs within two years of project completion; 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 April 24, 2006, 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 Caltech Industries, Inc., considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Caltech Industries, Inc., for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2018; and

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

CITY MANAGER’S PROPOSED 2006-07 BUDGET

Fiscal Services Director David Keenan presented the City Manager’s Proposed 2006-07 Budget. A public hearing opened at 7:47 p.m., recognizing no public comments, the hearing closed at 7:47 p.m.

2005-06 BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2005-06 budgets and financial working plans. A public hearing opened at 8:00 p.m., recognizing no public comments, the hearing closed at 8:00 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

WHEREAS, in accord with Sections 5.11 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice and having conducted a public hearing on Monday, April 24, 2006 on the proposal to amend the 2005-2006 budgets and financial working plans to reflect the estimates submitted during the 2006-07 budget process; now therefore

RESOLVED, the budgets and working plans of the City of Midland be amended 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 Sources of Funds	$ 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
Working capital		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
Total Sources of Funds	$ 490,000	$ 492,630
Appropriations:
Operating expenses	$ 348,850	$ 322,497
Capital expenses	141,150	141,000
Fund balance		29,133
Total Appropriations	$ 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)
Total Appropriations	$ 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.)

PUBLIC COMMENTS

No public comments were made.

AMENDMENT TO SECTION 4-22 - HELICOPTER LANDINGS

Assistant City Manager Jack Duso presented a request from the Midland Community Center for permission to land a helicopter at Central Middle School. Such action would require an amendment to Section 4-22 of the City of Midland Code of Ordinances. Erin Mazurek, Special Events Manager for the Midland Community Center and Midland Tennis Center, spoke in support of this amendment and activity. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, a request to land the St. Mary’s of Michigan FlightCare Helicopter at Central Middle School for the 21^st Annual Midland Community Center’s Dow Run Walk on Saturday, June 3, 2006 has been received; and

WHEREAS, Sections 4-20 and 4-22 of the City of Midland Code of Ordinances prohibit the landing of a helicopter on public property that is not designated a landing facility; and

WHEREAS, the City Council does not have the authority to grant an exception to Section 4-20 and Section 4-22; now therefore

RESOLVED, that the City Attorney is hereby directed to prepare an amendment to Section 4-22 of the Code of Ordinances that will allow the City Council to grant approval of said request by the Midland Community Center; and

RESOLVED FURTHER, that the City Manager is hereby directed to place the prepared ordinance amendment on the May 8, 2006 City Council agenda for introduction and first reading. (Motion ADOPTED.)

LOCAL STREET SYSTEM – FIVE NEW STREETS

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

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

Broadhead Drive from west line to east line of Broadhead Estates No. 2

Diamond Drive from Joseph Drive to Soccer Road

Fast Ice Drive from Bay City Road to south end of street

Plumtree Lane from Dublin Avenue to west line of Countryside Estates

Windstream Circle from Broadhead Drive to south end of cul-de-sac

; and

WHEREAS, the centerline of Diamond Drive is described as: Beginning at a point on the North and South 1/4 line which is North 00 degrees 08 minutes 08 seconds West 1745.15 feet from the South 1/4 corner of Section 34, T. 15 N., R. 2 E.; being a point on a curve concave to the south having a radius of 2500.00 feet and a central angle of 23 degrees 10 minutes 41 seconds; thence easterly 1011.33 feet along the arc of said curve, said arc having a chord bearing and distance of South 77 degrees 59 minutes 53 seconds East 1004.45 feet; thence South 66 degrees 24 minutes 32 seconds East 61.20 feet to a point on a tangent curve concave to the west having a radius of 565.00 feet and a central angle of 55 degrees 27 minutes 19 seconds; thence southerly 546.85 feet along the arc of said curve, said arc having a chord bearing and distance of South 38 degrees 40 minutes 53 seconds East 525.75 feet; thence South 10 degrees 57 minutes 13 seconds East 237.42 feet to a point on a tangent curve concave to the east having a radius of 565.00 feet and a central angle of 63 degrees 04 minutes 25 seconds; thence southerly 621.98 feet along the arc of said curve, said arc having a chord bearing and distance of South 42 degrees 29 minutes 26 seconds East 591.04 feet to the terminus of said centerline.

; and

WHEREAS, the centerline of Fast Ice Drive is described as: Part of the Northwest 1/4 of the Southeast 1/4, Section 24, Township 14 North, Range 2 East, described as beginning South 89°06'00" East 826.89 feet along the East and West 1/4 line from the center of said Section 24; thence South 01°47'35" West 1135.05 feet, along the centerline of Fast Ice Drive, to the point of ending; and

WHEREAS, Broadhead Drive and Windstream Circle are in the recorded plat of Broadhead Estates No. 2 and Plumtree Lane is in the recorded plat of Countryside Estates; and

WHEREAS, said streets were constructed and open to traffic prior to December 31, 2005; and

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

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

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

SAG/MIDLAND MUNICIPAL WATER SUPPLY CORP - 1967 SAGINAW EXTENSION

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

WHEREAS, in February 1967 the Saginaw-Midland Municipal Water Supply Corporation entered into a Contract with the City of Saginaw for the acquisition, construction, financing, and operation of the addition (extension) of the City of Saginaw’s 48” pipeline; and

WHEREAS, the pipeline project was commonly referred to as the 1967 Saginaw Extension, and

WHEREAS, the City of Saginaw has met all of the obligations set forth in said Contract; and

WHEREAS, no costs associated with the 1967 Saginaw Extension have been incurred by either the Corporation or the City of Midland; now therefore

RESOLVED, that the parties hereto convey ownership of the 1967 Saginaw Extension from the Saginaw-Midland Municipal Water Supply Corporation to the City of Saginaw. This conveyance does not convey any easement or ownership interest of the Corporation in any real property in which the 48” pipeline is located. (Motion ADOPTED.)

DDA REAPPOINTMENT – STAMAS

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

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Jim Stamas to the Downtown Development Authority for a term to expire May 1, 2010. (Motion ADOPTED.)

POLICE DEPARTMENT ANNUAL BIKE AUCTION

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

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 6, 2006 with the net proceeds being deposited in the General Fund or other appropriate City funds; and

RESOLVED FURTHER, that the City will be selling similar unclaimed items for the County Sheriff’s Department in a cooperative venture and sending the proceeds, less expenses, to the County. (Motion ADOPTED.)

MOLLY’S OF MIDLAND LIQUOR LICENSE

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

RESOLVED, That the request from MOLLY’S OF MIDLAND, LLC for new Outdoor Service (2 areas) to be located on city sidewalk in conjunction with 2005 Class C licensed business with Dance-Entertainment Permit, located at 134 Ashman, Midland MI 48640, Midland County

be considered for approval.

It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)

CIRCLE AREA FLOWER PLANTING

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

RESOLVED, that the request from the Circle Business Association to plant flowers in the Circle area on Saturday, May 20, with assistance from some City departments, similar to Midland Blooms, is hereby approved subject to the following conditions:

• Volunteers must stay off paved roadways while planting flowers and obey all traffic laws.
• City departments will provide services as requested at a unit cost commensurate to Midland Blooms.


• 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.)

2006 SURFACE TREATMENT & CRACK SEALING PROGRAM

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the surface treatment and crack sealing of local and major streets; and

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

RESOLVED, that the low sealed proposal submitted by Terry Asphalt Materials, Inc. of Hamilton, Ohio for the "2006 Surface Treatment & Crack Sealing Program; Contract No. 4", in the indicated amount of $280,200.40 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 any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000. (Motion ADOPTED.)

2006 STURGEON CREEK PARKWAY RECONSTRUCTION

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

WHEREAS, City Council awarded the construction contract for the 2006 Sturgeon Creek Parkway Reconstruction; Contract No. 3 to Central Asphalt, Inc. on March 6, 2006 for the reconstruction of Sturgeon Creek Parkway from Saginaw Road to Wackerly Street; and

WHEREAS, inspection of pavement and curbs on Marvo Court show excessive deterioration requiring reconstruction of all of Marvo Court and the cost for said reconstruction is $17,939.75; and

WHEREAS, Central Asphalt, Inc. has agreed to complete the reconstruction of Marvo Court as Change Order No. 1 to the 2006 Sturgeon Creek Parkway Reconstruction; Contract No. 3 in the amount of $17,939.75 and sufficient funding exists within the Sturgeon Creek Parkway project of the Local Street Fund to fund said change order; now therefore

RESOLVED, that the City Manager is authorized to execute Change Order No. 1 to the “2006 Sturgeon Creek Parkway Reconstruction; Contract No. 3 in the amount of $17,939.75. (Motion ADOPTED.)

BOMAG COMPACTOR BUY-OUT

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

WHEREAS, on June 23, 2003, Council approved Bid No. 2669 for a three-year lease of a Bomag BC1172RB compactor, with an option to purchase said compactor upon expiration of the lease; and

WHEREAS, the Utilities staff recommends the exercise of said buyout option, and funding is available in Landfill account #517-9120-912.97-25 Equipment; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order to Midland Engine is authorized in the amount of $135,000 for the buyout of the Bomag Compactor. (Motion ADOPTED.)

PROPOSED 2006-07 CDBG BUDGET

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

WHEREAS, the City of Midland will receive $256,468 in Community Development Block Grant funds for fiscal year 2006-07; and

WHEREAS, an anticipated fund balance of $379,000 will be carried over into the fiscal year; and

WHEREAS, anticipated program income in the amount of $85,000 will be received; and

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

RESOLVED, that a public hearing will be held on May 8, 2006, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table. (Motion ADOPTED.)

PROPOSED 2005-06 MAJOR STREET FUND BUDGET AMENDMENT

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

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, May 8, 2006, in the Council Chambers of City Hall on the proposal to amend the 2005/06 Major Street Fund budget to increase revenues by $90,000 to recognize a transfer from the Local Street Fund, and to increase appropriations by the same to fund unanticipated construction costs on the North Saginaw Road Reconstruction project. (Motion ADOPTED.)

Being no further business the meeting adjourned at 8:22 p.m.

______________________________________

Selina Tisdale, City Clerk