April 23, 2007

A regular meeting of the City Council was held on Monday, April 23, 2007, 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 9, 2007 regular and both April 16, 2007 special meetings was offered by Councilman Rokosz and seconded by Councilman Adams. (Motion ADOPTED.)

ADMINISTRATIVE PROFESSIONALS WEEK

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

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of April 22 – 28, 2007, as Administrative Professionals Week in Midland. (Motion ADOPTED.)

FOSTER CARE MONTH

Communications Coordinator Libby Richart introduced Larry Adams, Executive Director of Midland County Foster Adoption Network. The following resolution was then offered by Councilman Adams and seconded by Councilman Myers:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May, 2007 as Foster Care Month in Midland. (Motion ADOPTED.) Mayor Johnson then presented the proclamation to Larry Adams.

2007-08 PROPOSED BUDGET

Director of Fiscal Services David Keenan presented an overview of the City Manager’s Proposed 2007-08 Budget. A public hearing opened at 7:09 p.m., recognizing no comments, the hearing closed at 7:09 p.m.

2006-07 BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

Director of Fiscal Services David Keenan presented an amendment to the 2006-07 budgets and financial working plans. A public hearing opened at 7:25 p.m. Fay Wood, 3501 Bay City Road, spoke regarding the Cable Communications fund and speeding on public streets. The hearing closed at 7:28 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Myers:

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 23, 2007 on the proposal to amend the 2006-07 budgets and financial working plans to reflect the estimates submitted during the 2007-08 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:
Property taxes	$31,332,070	$31,458,900
Intergovernmental	3,508,677	3,566,727
Other revenues	4,984,196	5,353,940
Transfers from other funds		21,901
Fund balance	__________	7,469,867
Total Sources of Funds	$39,824,943	$47,871,335
Appropriations:
General programs	$33,281,074	$41,247,139
Capital improvement	806,581	708,297
Transfers to other funds	5,223,653	5,614,899
Contingencies	310,000	301,000
Fund balance	203,635	__________
Total Appropriations	$39,824,943	$47,871,335
MAJOR STREET FUND
Sources of Funds:
State gas and weight tax	$ 2,850,000	$2,636,700
Other revenues	1,272,853	2,426,303
Transfers from other funds	1,516,000	1,848,618
Fund balance	530,810	143,341
Total Sources of Funds	$ 6,169,663	$7,054,962
Appropriations:
Street maintenance	$ 1,500,596	$ 1,549,126
Street construction	3,911,401	4,763,931
Transfers to other funds	737,666	731,905
Contingencies	20,000	10,000
Total Appropriations	$ 6,169,663	$ 7,054,962
LOCAL STREET FUND
Sources of Funds:
State gas and weight tax	$ 775,000	$ 735,000
Other revenues	45,000	195,386
Transfers from other funds	1,409,000	2,135,724
Fund balance	128,419	_________
Total Sources of Funds	$2,357,419	$ 3,066,110
Appropriations:
Street maintenance	$1,132,312	$ 1,244,639
Street construction	987,000	1,201,451
Transfers to other funds	218,107	218,345
Contingencies	20,000	10,000
Fund balance	_	391,675
Total Appropriations	$2,357,419	$ 3,066,110
STORMWATER MANAGEMENT FUND
Sources of Funds:
Transfers from other funds	$ 476,545	$ 471,022
Other revenues	43,000	32,000
Fund balance	220,301	230,268
Total Sources of Funds	$ 739,846	$ 733,290
Appropriations:
Storm sewer maintenance	$ 691,334	$ 703,778
Transfers to other funds	30,512	20,512
Contingencies	18,000	9,000
Total Appropriations	$ 739,846	$ 733,290
GRACE A. DOW LIBRARY FUND
Sources of Funds:
Operating revenues	$ 407,355	$ 419,840
State funds	50,000	60,000
Other revenues	386,266	421,912
Transfers from other funds	3,160,179	3,040,636
Total Sources of Funds	$4,003,800	$ 3,942,388
Appropriations:
Operating expenditures	$3,871,061	$3,815,663
Capital expenditures	132,739	126,725
Total Appropriations	$4,003,800	$ 3,942,388
Sources of Funds:
Federal grants	$ 812,065	$ 619,761
Program income	85,000	85,000
Total Sources of Funds	$ 897,065	$ 704,761
Appropriations:
Residential home rehabs	$ 163,422	$ 126,150
Other expenditures	517,200	515,965
Contingencies	9,800
Transfers to other funds	30,000	30,000
Fund balance	176,643	32,646
Total Appropriations	$ 897,065	$ 704,761
CABLE COMMUNICATIONS FUND
Sources of Funds:
Franchise fees	$ 444,000	$ 470,000
Other revenues	7,700	10,723
Transfers from other funds	106,100	106,100
Total Sources of Funds	$ 557,800	$ 586,823
Appropriations:
Operating expenditures	$ 503,501	$ 448,592
Capital expenditures	6,500	6,483
Contingencies	8,500	8,500
Fund balance	39,299	123,248
Total Appropriations	$ 557,800	$ 586,823
DOWNTOWN DEVELOPMENT AUTHORITY FUND
Sources of Funds:
Property taxes	$ 360,262	$ 365,554
Other revenues	59,500	81,619
Fund balance	662,508	628,577
Total Sources of Funds	$1,082,270	$1,075,750
Appropriations:
Operating expenditures	$ 434,295	$ 429,713
Transfers to other funds	308,975	307,037
Capital expenditures	339,000	339,000
Total Appropriations	$1,082,270	$ 1,075,750
TRANSPORTATION (DIAL-A-RIDE) FUND
Sources of Funds:
Operating revenues	$ 1,599,714	$ 1,149,059
Transfers from other funds	635,989	641,945
Fund balance	100,000	108,066
Total Sources of Funds	$ 2,335,703	$ 1,899,070
Appropriations:
Operating expenses	$ 1,479,274	$ 1,512,967
Other expenses	78,000	76,000
Capital expenses	768,429	300,103
Contingencies	10,000	10,000
Total Appropriations	$ 2,335,703	$ 1,899,070
SPECIAL ACTIVITIES FUND
Sources of Funds:
Contributions and other	$ 37,640	$ 61,884
Appropriations:
Other expenditures	$ 31,640	$ 56,400
Transfers to other funds	5,000
Fund balance	1,000	5,484
Total Appropriations	$ 37,640	$ 61,884
HOUSING FUND
Sources of Funds:
Sale of assets and other	$ 122,500	$ 121,785
Fund balance	_________	12,453
Total Sources of Funds	$ 122,500	$ 134,238
Appropriations:
Cost of assets sold & other	$ 82,000	$ 134,238
Fund balance	40,500	__________
Total Appropriations	$ 122,500	$ 134,238
DEBT SERVICE FUND
Sources of Funds:
Property taxes	$ 593,043	$ 593,043
Transfers from other funds	194,161	194,161
Other revenue		17,000
Fund balance	26,505	9,505
Total Sources of Funds	$ 813,709	$ 813,709
Appropriations:
Transfers to other funds	$ 813,709	$ 813,709
DDA DEBT SERVICE FUND
Sources of Funds:
Transfers from other funds	$ 83,975	$ 83,975
Appropriations:
Bond principal	$ 75,000	$ 75,000
Bond interest & other	8,975	8,975
Total Appropriations	$ 83,975	$ 83,975
CIVIC ARENA FUND
Sources of Funds:
Operating revenue	$ 1,083,600	$ 1,111,616
Other revenue	885,000	1,314,178
Transfers from other funds	200,000	200,000
Working capital	151,303	_________
Total Sources of Funds	$ 2,319,903	$ 2,625,794
Appropriations:
Operating expenses	$ 1,019,179	$ 1,039,291
Capital expenses	101,818	101,391
Interest expense	243,921	320,954
Retirement of debt	470,000	868,139
Contingencies	10,000	10,000
Transfers to other funds	474,985
Working capital	_________	286,019
Total Appropriations	$ 2,319,903	$ 2,625,794
SANITARY LANDFILL FUND
Sources of Funds:
Operating revenue	$ 3,231,300	$ 4,873,530
Other revenue	172,000	733,455
Transfers from other funds	474,985
Working capital	1,069,993	_________
Total Sources of Funds	$ 4,948,278	$ 5,606,985
Appropriations:
Operating expenses	$ 2,357,165	$ 2,012,336
Other expenses	184,476	179,612
Capital expenses	2,386,254	2,385,718
Contingencies	20,383	20,383
Working capital	__________	1,008,936
Total Appropriations	$ 4,948,278	$ 5,606,985
WASHINGTON WOODS FUND
Sources of Funds:
Operating revenues	$ 1,215,895	$ 1,097,507
Other revenues	55,154	154,478
Transfers from other funds	40,000	40,000
Working capital	111,328	94,248
Total Sources of Funds	$ 1,422,377	$ 1,386,233
Appropriations:
Operating expenses	$ 1,198,289	$ 1,192,569
Other expenses	122,550	103,791
Capital expenses	101,538	89,873
Total Appropriations	$ 1,422,377	$ 1,386,233
RIVERSIDE PLACE FUND
Sources of Funds:
Operating revenues	$1,033,720	$ 1,015,253
Other revenues	87,500	162,509
Working capital	65,734	_________
Total Sources of Funds	$1,186,954	$ 1,177,762
Appropriations:
Operating expenses	$ 1,007,834	$ 1,024,766
Other expenses	111,900	115,900
Capital expenses	57,220	11,222
Transfers to other funds	10,000	10,000
Working capital	_________	15,874
Total Appropriations	$ 1,186,954	$ 1,177,762
GOLF COURSE FUND
Sources of Funds:
Operating revenues	$ 967,616	$ 967,616
Other revenues	48,811	48,811
Total Sources of Funds	$ 1,016,427	$ 1,016,427
Appropriations:
Operating expenses	$ 984,019	$ 984,019
Capital expenses	5,000	5,000
Working capital	27,408	27,408
Total Appropriations	$ 1,016,427	$ 1,016,427
PARKING FUND
Sources of Funds:
Operating revenues	$ 83,630	$ 85,788
Other revenues	3,196	1,227
Transfers from other funds	40,000	40,000
Working capital	24,767	23,758
Total Sources of Funds	$ 151,593	$ 150,773

Appropriations:
Operating expenses	$ 151,593	$ 150,773
WASTEWATER FUND
Sources of Funds:
Operating revenues	$ 4,749,053	$ 4,608,257
Transfers from other funds	813,709	868,709
Other revenues	83,353	102,634
Working capital	164,840	267,667
Total Sources of Funds	$ 5,810,955	$ 5,847,267
Appropriations:
Operating expenses	$ 3,160,624	$ 3,138,037
Other expenses	241,673	239,234
Interest expense	600,182	598,820
Capital expenses	908,329	951,176
Retirement of debt	755,000	755,000
Transfers to other funds	140,000	140,000
Contingencies	5,147	25,000
Total Appropriations	$ 5,810,955	$ 5,847,267
WATER FUND
Sources of Funds:
Operating revenues	$ 8,472,345	$ 8,668,105
Contractual revenue	1,124,000	1,482,145
Other revenues	189,111	262,383
Transfers from other funds		56,158
Working capital	3,249,297	2,911,290
Total Sources of Funds	$13,034,753	$13,380,081
Appropriations
Operating expenses	$ 6,120,115	$ 6,010,805
Other expenses	444,290	460,415
Interest expense	718,521	706,506
Capital expenses	3,740,230	4,185,779
Retirement of debt	1,882,580	1,887,559
Transfers to other funds	100,000	100,000
Contingencies	29,017	29,017
Total Appropriations	$13,034,753	$ 13,380,081
DATA PROCESSING OPERATIONS
Sources of Funds:
Operating revenues	$ 1,050,000	$ 1,052,400
Other revenues	40,000	53,760
Working capital	357,509	219,411
Total Sources of Funds	$ 1,447,509	$ 1,325,571
Appropriations:
Operating expenses	$ 1,110,966	$ 994,228
Other expenses	24,725	24,725
Capital expenses	311,818	306,618
Total Appropriations	$ 1,447,509	$ 1,325,571
DATA PROCESSING RENTAL FUND
Sources of Funds:
Operating revenues	$ 180,050	$ 180,050
Other revenue	15,000	25,456
Working capital	450	_________
Total Sources of Funds	$ 195,500	$ 205,506

Appropriations:
Operating expenses	$ 195,500	$ 193,560
Working capital	________	11,946
Total Appropriations	$ 195,500	$ 205,506
GIS FUND
Sources of Funds:
Transfers from other funds	$ 685,000	$ 685,000
Other revenue	2,800	11,468
Working capital	44,875	________
Total Sources of Funds	$ 732,675	$ 696,468
Appropriations:
Operating expenses	$ 496,475	$ 478,642
Capital expenses	206,200	174,200
Contingencies	30,000	30,000
Working capital	________	13,626
Total Appropriations	$ 732,675	$ 696,468
EQUIPMENT REVOLVING FUND
Sources of Funds:
Operating revenues	$ 3,209,952	$ 3,263,126
Other revenues	224,936	255,757
Transfers from other funds		11,700
Working capital	219,037	301,255
Total Sources of Funds	$ 3,653,925	$ 3,831,838
Appropriations:
Operating expenses	$ 2,207,509	$ 2,359,107
Other expenses	320,816	367,348
Capital expenses	1,110,600	1,038,023
Contingencies	15,000	15,000
Transfers to other funds	____ _____	52,360
Total Appropriations	$ 3,653,925	$ 3,831,838
SERVICE CENTER RENTAL FUND
Sources of Funds:
Operating revenues	$ 310,000	$ 310,000
Other revenue	28,065	35,695
Working capital	19,803	_________
Total Sources of Funds	$ 357,868	$ 345,695
Appropriations:
Operating expenses	$ 269,368	$ 254,147
Capital expenses	84,000	75,177
Contingencies	4,500	10,000
Working capital	_________	6,371
Total Appropriations	$ 357,868	$ 345,695
PROPERTY AND LIABILITY INSURANCE FUND
Sources of Funds:
Operating revenues	$ 869,380	$ 845,448
Working capital	49,374	9,642
Total Sources of Funds	$ 918,754	$ 855,090
Appropriations:
Operating expenses	$ 918,754	$ 855,090
SPECIAL ASSESSMENT REVOLVING FUND
Sources of Funds:
Operating revenues	$ 32,000	$ 100,000
Other revenues	80,000	95,042
Total Sources of Funds	$112,000	$ 195,042
Appropriations:
Operating expenses	$ 112,000	$ 2,000
Transfers to other funds		20,000
Working capital	________	173,042
Total Appropriations	$ 112,000	$ 195,042

(Motion ADOPTED.)

2007 SARA HEARING OF NECESSITY

City Assessor Reid Duford presented a review of the 2007 Downtown Economic Revitalization Public Improvement Special Assessment District along with a resolution approving the necessity of a downtown economic revitalization program and directing the City Assessor to prepare a special assessment roll and a resolution accepting the special assessment roll and setting a public hearing on the roll. A public hearing opened at 7:35 p.m. Joe Garrison, 4515 Universal Drive and President of the Downtown Business Association, spoke in support of the assessment and described what projects the assessment supports. The public hearing closed at 7:45 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated March 19, 2007, said district being:

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

and has heretofore established one special assessment district designated:

"2007 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 23, 2007, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

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

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

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand twenty-three and 04/100 dollars ($72,023.04) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand twenty-three and 04/100 dollars ($72,023.04) shall be borne and paid by special assessment on all lands and premises in said 2007 Downtown Economic Revitalization Improvement Special Assessment District; and

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

"2007 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

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

2007 SARA ASSESSMENT ROLL

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

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "2007 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 p.m., on the seventh day of May, 2007, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the seventh day of May, 2007, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor's Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion ADOPTED.)

PUBLIC COMMENTS

No public comments were made.

SITE PLAN NO. 256

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

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 256, the request of Alpine Midland, LLC on behalf of SpringHill Suites by Marriott Hotel for the 22,598 square foot 96 room hotel and 100 person capacity conference center located at 520 Joe Mann Boulevard on 2.95 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 256 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 256, contingent upon the following:

1. The storm water detention system is designed and constructed in accordance with Engineering Department requirements.

2. All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

3. The landscaping shall comply with Article 6 of the Zoning Ordinance specifically that:

a. 19 additional trees shall be installed

b. 180 additional shrubs shall be installed

4. All exterior signage shall comply with Article 8 of the Zoning Ordinance.

5. Soil, erosion and sedimentation controls shall be utilized during the construction of this project and permitted by the City’s Building Department.

6. All public water mains shall obtain Michigan Dept. of Environmental Quality permits prior to construction.

7. The City shall be provided maintenance and access easements for all public utilities including fire hydrants.

8. The dumpster and storage areas shall be constructed and screened in accordance with Section 3.15 of the Zoning Ordinance.

9. All signage shall comply with Article 8 of the Zoning Ordinance.

(Motion ADOPTED.)

SITE PLAN NO. 258

Director of Planning and Community Development Keith Baker presented Site Plan No. 258 to construct a 56,031 sq. ft. 49-unit elderly housing facility called Wikkiups Crossing located at 2706 Jefferson Avenue on 2.88 acres. Kendell Beck with Fleis and Vandenbrink Engineering in Grand Rapids, spoke regarding the construction. Clay Patterson, Development Agent for Woda Group, LLC, spoke regarding the proposed project. The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 258, the request of Woda Group, LLC, for the 56,031 square foot, 49 unit elderly housing building called Wikkiups Crossing located at 2706 Jefferson Avenue on 2.88 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 258 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 258, contingent upon the following:

1. Preparation and submission of a revised photometric plan.

2. Storm water detention system is designed and constructed in accordance with City of Midland

specifications as reviewed and approved by the Engineering Department.

3. All exterior lighting shall comply with Article 3.12 of the Zoning Ordinance.

4. All landscaping shall comply with Article 6 of the Zoning Ordinance.

5. All signage shall comply with Article 8 of the Zoning Ordinance.

6. The petitioner will work with city staff regarding the possible relocation of the detention pond.

(Motion ADOPTED. Yeas: Adams, McKeag, Myers, Rokosz Nays: Johnson)

TEMPORARY CLOSURE OF GEORGE STREET

City Engineer Brian McManus presented a resolution authorizing the Engineering Department to temporarily close George Street at the pedestrian crosswalk located between Jefferson Avenue and State Street. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

WHEREAS, the Midland Community Center has proposed plans for redevelopment of their property located in and around George Street and Jefferson Avenue; and

WHEREAS, the Midland Community Center has requested a closure or relocation of George Street between State Street and Jefferson Avenue to accommodate said redevelopment; and

WHEREAS, said redevelopment will eliminate safety concerns between pedestrian and George Street vehicular traffic when pedestrians cross George Street; and

WHEREAS, the City of Midland desires to perform a preliminary traffic study for determining the impacts of closing George Street at the crosswalk located between Jefferson Avenue and State Street; now therefore

RESOLVED, that the City of Midland temporarily close George Street at the crosswalk located between Jefferson Avenue and State Street for a three (3) week period beginning April 30, 2007 and use existing staff to collect and analyze necessary traffic data and determine impacts of closing George Street; and

FURTHER RESOLVED, that the City Council hereby approves moving forward with a traffic study to determine impacts of closing George Street between Jefferson Avenue and State Street. (Motion ADOPTED.)

DRAFT MASTER PLAN

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

WHEREAS, the Planning Commission and LSL Planning, Inc. presented the master plan draft after over a year of meetings, workshops, drafts and revisions; now therefore

RESOLVED, that the City Council authorizes the draft master plan prepared by the Planning Commission be distributed. This action will initiate the official review period by the public, adjacent communities and agencies that will conclude with a formal public hearing by the Planning Commission; and

RESOLVED FURTHER, a copy of the draft master plan may be reviewed at the Grace A. Dow Memorial Library, 1710 West St. Andrews Road; the Planning Department, City Hall, 333 West Ellsworth Street; and on the City of Midland website www.midland-mi.org. (Motion ADOPTED.)

CEMETERY RULES & REGULATIONS

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

WHEREAS, Section 6-8 of the Code of Ordinances allows that rules and regulations for the operations of the cemetery may be approved by the City Council as needed; and

WHEREAS, the Parks and Recreation Commission has conducted a review of the cemetery rules; and

WHEREAS, the Parks and Recreation Commission, at their meeting of February 6, 2007, voted unanimously to recommend to the City Council; now therefore

RESOLVED, that the attached changes to the Cemetery rules are hereby approved. (Motion ADOPTED.)

DDA REAPPOINTMENT CONFIRMATION

The following resolution was offered by Councilman Rokosz 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 Bessert, Bo Brines and Claudia Wallin to the Downtown Development Authority for terms to expire May 1, 2011. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER NO. P-07-02

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

RESOLVED, that Traffic Control Order No. P-07-02 filed January 26, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That stopping, standing, and parking shall be prohibited on Dilloway Drive between Nakoma Drive and 100 feet west of Nakoma Drive.

is hereby made permanent. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER NO. R-07-02

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

RESOLVED, that Traffic Control Order No. R-07-02 filed February 8, 2007 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Cook Road from Main Street to Tittabawassee River Road shall be 25 mph.

is hereby made permanent. (Motion ADOPTED.)

SALE OF DOW STOCK FOR CIVIC ARENA FUND

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

WHEREAS, on March 25, 2004, The Herbert H. and Grace A. Dow Foundation pledged to the City contributions totaling $2,470,000, to be paid in five installments, to assist with construction costs for the Civic Arena; and

WHEREAS, on April 12, 2007, The Herbert H. and Grace A. Dow Foundation transferred a total of 10,867 shares of Dow Chemical Company common stock, valued at approximately $500,000, to the Gift Agency Account at Chemical Bank and Trust Company for the City’s benefit, in satisfaction of installment due by December 2007; and

WHEREAS, the City of Midland Policy Regarding Sale of Securities Received As A Gift approved by Council October 27, 2003, authorizes the City Treasurer to sell securities received as gifts as soon as possible after they have been received; and

WHEREAS, said shares of stock were sold by the City Treasurer through Chemical Bank and Trust Company on April 12, 2007, and net proceeds of $500,629.59 were received; now therefore

RESOLVED, that the generous contribution of $500,629.59 from The Herbert H. and Grace A. Dow Foundation for construction costs for the Civic Arena is hereby accepted, with appreciation; and

RESOLVED FURTHER, that the sale of 10,867 shares of Dow Chemical Company common stock on April 12, 2007 is hereby approved, and the net proceeds shall be placed in the Civic Arena Fund. (Motion ADOPTED.)

BIKE AUCTION

The following resolution was offered by Councilman Rokosz 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 5, 2007 with the net proceeds being deposited in the General Fund or other appropriate City funds. (Motion ADOPTED.)

CORRECTED LIQUOR LICENSE REPORT

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

WHEREAS, the City Manager’s Annual Review of Alcoholic Beverage Licenses for Consumption on the Premises was received and filed by the City Council at the March 19, 2007 City Council meeting; and

WHEREAS, the report erroneously attributed a citation for furnishing alcohol to a person under the age of 21 to Gimmick’s located at Valley Plaza Resort; and

WHEREAS, a corrected version of the report has been prepared that removes Gimmick’s from the list of citations and adds Nicole’s as the recipient of the citation; now therefore

RESOLVED, that the attached, corrected City Manager’s Annual Review of Alcoholic Beverage Licenses for Consumption on the Premises is hereby received and ordered placed on file in the office of the City Clerk in place of the March 19, 2007 report. (Motion ADOPTED.)

ST. BRIGID YOUTH RALLY AND CONCERT

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

RESOLVED, that the request from St. Brigid Catholic Church to hold a youth rally and concert on Saturday, June 9, 2007, from 12:00 noon – 9:00 p.m. in downtown Midland utilizing the public right-of-way, and using amplified sound, is hereby approved subject to the following conditions:

• Special Event Sign Procedures must be followed.
• Obtain special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Certificate Holder and Additional Insured. The certificate must be submitted to the City Manager’s Office no less than five working days prior to the event.
• In case of an emergency, emergency vehicles might need to access areas on or near the route. Should access be necessary, we ask that the participants move out of the way and let the vehicles proceed to the scene.
• It is unlawful to post handbills on or to any public or private structure, tree or pole in the city. It is also unlawful to place handbills in or upon any vehicle.

;and

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

BLUE PLANET RUN RELAY AND COMMUNITY RUN/WALK

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

RESOLVED, that the request from The Dow Chemical Company and the Blue Planet Run Midland Committee to host the Blue Planet Run Relay and Community Run/Walk on Saturday, August 25, 2007, from 1:00 – 8:00 p.m. in downtown Midland utilizing the public right-of-way, and using amplified sound, is hereby approved subject to the following conditions:

• Special Event Sign Procedures must be followed.
• Obtain special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Certificate Holder and Additional Insured. The certificate must be submitted to the City Manager’s Office no less than five working days prior to the event.
• The request for amplified sound will need to be approved by either the Manager’s Office or the Department of Public Services, depending on the desired location, so as not to interfere with any other event occurring in the area. 20 picnic tables will be delivered and there is a charge of $55.00 for those. The City Stage is available and costs $50.00 if rented by a non-profit group or $200.00 if rented by a for-profit group. Trash receptacles will be provided and the restrooms will be opened.
• In case of an emergency, emergency vehicles might need to access areas on or near the route. Should access be necessary, we ask that the participants move out of the way and let the vehicles proceed to the scene.
• The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions. An area at least three feet in diameter shall be kept clear around all fire hydrants and the fire department connection for any building sprinkler system or standpipe.
• It is unlawful to post handbills on or to any public or private structure, tree or pole in the city. It is also unlawful to place handbills in or upon any vehicle.

;and

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

2007 PAVEMENT MARKING PROGRAM

The following resolution was offered by Councilman Rokosz 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 annual pavement marking of major streets; and

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

RESOLVED, that the sealed proposal submitted by R.S. Contracting, Inc. of Casco Township, Michigan, for the "2007 Pavement Marking Program; Contract No. 16", in the indicated amount of $41,050, 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 this contract in an aggregate amount not to exceed $5,000. (Motion ADOPTED.)

2007 LETTS STREET IMPROVEMENT

The following resolution was offered by Councilman Rokosz 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 paving of Letts Street from the Sturgeon Creek to Sturgeon Avenue; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2007 Letts Street Improvement; Contract No. 5", in the indicated amount of $62,877.90, 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.)

LIBRARY RESTROOM REMODEL – CHANGE ORDER

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

WHEREAS, the proposal submitted by DCM Construction for restroom remodel at the Grace A. Dow Memorial Library in the amount of $50,824 was accepted and the necessary purchase order authorized by City Council at their Monday, December 18, 2006 meeting; and

WHEREAS, construction and bid documents did not include unanticipated exhaust duct modifications that are necessary to complete the project; and

WHEREAS, funding is available in the 2006/2007 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the change order to Bid No. 2983 submitted by DCM Construction for an amount not to exceed $6,000 is hereby accepted and the increase to the purchase order authorized. (Motion ADOPTED.)

LANDFILL CELL 16 CONSTRUCTION

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

WHEREAS, extraordinary waste volumes generated from demolition projects at the Dow Chemical Company and receipt of contaminated soils accelerated the projected schedule for construction of Cell 16; and

WHEREAS, on April 3, 2007 sealed bids providing two options (Option 1 is a single contractor to provide construction and liner supply and installation; Option 2 separates construction and liner activities) for Bid No. 3004 – Cell 16 Construction, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff has reviewed the bid proposals and recommends acceptance of the low bid for Option 2a submitted by Elmer’s Crane and Dozer, Inc. of Traverse City, Michigan in the amount of $1,034,259.31 for construction activities (excluding liner supply/install), and the low bid for Option 2b submitted by American Environmental Group, Ltd. of Richfield, Ohio in the amount of $1,303,094.14 for liner supply and installation; and

WHEREAS, the combined cost of Cell 16 construction with Option 2 is $2,337,353.45 will provide a savings of $167,979.49 when compared to the low bid for Option 1 ($2,505,332.94); and

WHEREAS, funding for this multi-year project in the amount of $1,250,00.00 is currently available in the 2006/07 Landfill account 517-9120-912.97-65 - Capital Construction Projects, while $2,250,00.00 is recommended in the 2007/08 Landfill budget; now therefore

RESOLVED, that the low sealed bid submitted by Elmer’s Crane and Dozer, Inc. of Traverse City, Michigan in the amount of $1,034,259.31 for construction activities (excluding liner supply/install), and the low bid submitted by American Environmental Group, Ltd. of Richfield, Ohio in the amount of $1,303,094.14 for liner supply and installation, are hereby accepted and the Mayor and City Clerk are authorized to execute the contracts subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering the contracts in aggregate amounts not to exceed $20,000 each. (Motion ADOPTED.)

LANDFILL CELL 16 CONSTRUCTION MANAGEMENT & QUALITY ASSURANCE

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

WHEREAS, the construction of Cell 16 and installation of the liner must conform to Rule 921 of the PA 115 Solid Waste Management Act Administrative Rules under the authority of the Michigan Department of Environmental Quality, requiring that an independent inspection and engineering certification be made on Cell 16 construction in accordance with the State-approved design; and

WHEREAS, the State-approved design for the City of Midland Landfill was updated by CTI and Associates (formerly, Earth Tech, Inc.), who has been the consulting engineering firm used by the Landfill to complete projects involving design, construction oversight, and regulatory compliance since 2002; and

WHEREAS, the Landfill is not staffed to provide full time construction management, survey work, soils and materials testing, or independent inspection and certification required by the MDEQ; and

WHEREAS, a proposal to provide this support for Cell 16 at a cost of $165,088.44 has been received from CTI, who are familiar with the City’s Landfill site, and are well qualified and experienced; and

WHEREAS, funds are available in the 2006/07 Landfill account 517-9120-912.97-65 - Capital Construction Projects; now therefore

RESOLVED, that sealed proposals be waived as impractical, in accord with Sec. 2-18 of the Code of Ordinances, and a purchase order be issued to CTI and Associates of Brighton, Michigan in the amount of $165,088.44 to perform Cell 16 construction management and quality assurance services for the Landfill; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.00. (Motion ADOPTED.)

YEAR-END ACCOUNTING SERVICES – PO INCREASE

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

WHEREAS, the City of Midland contracted with Plante and Moran to conduct its annual financial and compliance audit for the year ended June 30, 2006; and

WHEREAS, certain events occurred during this process that were outside of the planned scope of year-end and audit procedures; and

WHEREAS, these events caused Plante and Moran to spend additional time in order to complete the City of Midland’s June 30, 2006 annual financial and compliance audits; and

WHEREAS, the total year-end auditing and accounting costs of $69,280 exceed authorization previously provided by City Council, by $8,866 and, therefore, require additional City Council approval; and

WHEREAS, there is sufficient funding in the Finance Department’s 2006-07 budget to pay the additional charges; now therefore

RESOLVED, that purchase order #21886 to Plante and Moran, for payment of year-end accounting services be increased to $69,280 to provide funding for additional costs incurred in connection with 2006 fiscal year. (Motion ADOPTED.)

PROPOSED 2007-08 CDBG BUDGET

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

WHEREAS, the City of Midland will receive $254,052 in Community Development Block Grant funds for fiscal year 2007-08; and

WHEREAS, an anticipated fund balance of $40,800 will be carried over into the fiscal year; and

WHEREAS, anticipated program income in the amount of $80,000 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 7, 2007, 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.)

Being no further business the meeting adjourned at 8:51 p.m.

______________________________________

Selina Tisdale, City Clerk