April 28, 2008

A regular meeting of the City Council was held on Monday, April 28, 2008, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Johnson presided. Boy Scout Troop 763 from the First Baptist Church of Midland led the Pledge of Allegiance to the Flag.

Councilmen present:	Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz
Councilmen absent:	Thomas Adams

MINUTES

Approval of the minutes of the April 14, 2008 regular and April 21, 2008 special meetings was offered by Councilman McKeag and seconded by Councilman Donker. (Motion ADOPTED.)

AFFORDABLE HOUSING PRESENTATION

Communications Coordinator Libby Richart introduced Sharon Mortensen, Chairperson of Midland County Continuum of Care, who made a presentation on the need for affordable housing for extremely low-income citizens in Midland. Richard Gilstad inquired about the racial makeup of the homeless families in Ms. Mortensen’s report. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

RESOLVED, that the presentation by Sharon Mortensen, Chairperson, Midland County Continuum of Care, on the need for affordable housing for extremely low income citizens in Midland, is hereby received and placed on file. (Motion ADOPTED.)

BUILDING SAFETY WEEK

Communications Coordinator Libby Richart introduced James Reichard, Life Director for the Home Builders Association of Midland County. The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of May 5 – 11, 2008, as Building Safety Week in Midland. (Motion ADOPTED.) Mayor Johnson presented Mr. Reichard with the proclamation.

2008-09 PROPOSED BUDGET

Fiscal Services Director David Keenan presented a review of the City Manager’s 2008-09 Budget. A public hearing opened at 7:40 p.m. Larry Pillepich, 2602 McKeith Street, spoke regarding the proposed roundabout on St. Andrews Street. The public hearing closed at 7:49 p.m.

2007-08 BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2007-08 budgets and financial working plans. A public hearing opened at 8:17 p.m., recognizing no public comments, the hearing closed at 8:17 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

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 28, 2008 on the proposal to amend the 2007-08 budgets and financial working plans to reflect the estimates submitted during the 2008-09 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	$29,198,475		$29,242,581
Intergovernmental	3,374,622		3,750,209
Other revenues	4,918,343		4,663,408
Transfers from other funds	40,051		40,051
Fund balance	_15,578,159		_13,989,370
Total Sources of Funds	$53,109,650		$51,685,619
Appropriations:
General government	$ 5,526,646		$ 5,093,652
Public safety	12,746,917		12,986,608
Public works	2,484,198		2,390,460
Sanitation	2,355,705		2,381,694
Parks and recreation	3,827,385		3,936,857
Other functions	23,089,273		22,248,868
Transfers to other funds	2,729,526		2,647,480
Contingencies	350,000		__________
Total Appropriations	$53,109,650		$51,685,619
MAJOR STREET FUND
Sources of Funds:
State gas and weight tax	$ 2,800,000		$ 2,620,000
Other revenues	1,635,181		1,648,830
Transfers from other funds	913,902		1,303,402
Fund balance	732,176		1,015,990
Total Sources of Funds	$ 6,081,259		$ 6,588,222
Appropriations:
Street maintenance	$ 1,962,418		$ 2,311,552
Street construction	3,285,380		3,465,380
Transfers to other funds	813,461		801,290
Contingencies	20,000		10,000
Total Appropriations	$ 6,081,259		$ 6,588,222
LOCAL STREET FUND
Sources of Funds:
State gas and weight tax	$ 755,000		$ 727,810
Other revenues	197,500		196,572
Transfers from other funds	1,403,038		1,403,038
Fund balance	203,915		450,049
Total Sources of Funds	$ 2,559,453		$ 2,777,469
Appropriations:
Street maintenance	$ 1,231,580		$ 1,511,679
Street construction	1,087,038		1,077,038
Transfers to other funds	220,835		168,752
Contingencies	20,000		20,000
Total Appropriations	$ 2,559,453		$ 2,777,469
STORMWATER MANAGEMENT FUND
Sources of Funds:
Transfers from other funds	$ 719,425		$ 655,171
Other revenues	36,000		28,167
Fund balance	70,387		2,799
Total Sources of Funds	$ 825,812		$ 686,137
Appropriations:
Storm sewer maintenance	$ 757,312		$ 657,637
Transfers to other funds	58,500		25,500
Contingencies	10,000		3,000
Total Appropriations	$ 825,812		$ 686,137
GRACE A. DOW LIBRARY FUND
Sources of Funds:
Property taxes	$ 2,548,540		$ 2,547,344
Operating revenues	300,113		315,431
State funds	45,000		49,298
Other revenues	432,400		479,621
Transfers from other funds	802,792		627,950
Fund balance	44,617		44,617
Total Sources of Funds	$ 4,173,462		$ 4,064,261
Appropriations:
Operating expenditures	$ 4,033,820		$ 3,932,889
Capital expenditures	139,642		131,372
Total Appropriations	$ 4,173,462		$ 4,064,261
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
(CDBG)
Sources of Funds:
Federal grants	$ 611,690		$ 635,287
Program income	80,000		80,000
Total Sources of Funds	$ 691,690		$ 715,287
Appropriations:
Residential home rehabs	$ 264,123		$ 168,069
Other expenditures	165,415		139,294
Contingencies	8,000
Transfers to other funds	254,152		280,569
Fund balance	_ _______		127,355
Total Appropriations	$ 691,690		$ 715,287
MIDLAND COMMUNITY TELEVISION FUND
Sources of Funds:
Franchise fees	$ 470,000		$ 475,848
Other revenues	22,400		29,913
Transfers from other funds	15,000		15,000
Total Sources of Funds	$ 507,400		$ 520,761
Appropriations:
Operating expenditures	$ 469,765		$ 469,440
Capital expenditures	11,000		15,300
Contingencies	12,000		5,000
Fund balance	14,635		31,021
Total Appropriations	$ 507,400		$ 520,761
DOWNTOWN DEVELOPMENT AUTHORITY FUND
Sources of Funds:
Property taxes	$ 400,000		$ 416,683
Other revenues	74,500		47,800
Transfers from other funds			45,890
Fund balance	638,661		261,447
Total Sources of Funds	$ 1,113,161		$ 771,820
Appropriations:
Operating expenditures	$ 441,721		$ 443,055
Contingencies	11,700		11,700
Transfers to other funds	152,000		151,325
Capital expenditures	507,740		165,740
Total Appropriations	$ 1,113,161		$ 771,820
DIAL-A-RIDE FUND
Sources of Funds:
Operating revenues	$ 1,463,042		$ 1,539,649
Transfers from other funds	645,910		599,061
Fund balance	60,398		60,398
Total Sources of Funds	$ 2,169,350		$ 2,199,108
Appropriations:
Operating expenses	$ 1,581,119		$ 1,655,875
Other expenses	49,005		49,007
Capital expenses	532,931		487,931
Contingencies	6,295		6,295
Total Appropriations	$ 2,169,350		$ 2,199,108
SPECIAL ACTIVITIES FUND
Sources of Funds:
Contributions and other	$ 61,800		$ 78,274
Fund balance	___ _____		13,126
Total Sources of Funds	$ 61,800		$ 91,400
Appropriations:
Other expenditures	$ 56,400		$ 91,400
Fund balance	5,400		__ ______
Total Appropriations	$ 61,800		$ 91,400
MIDLAND HOUSING FUND
Sources of Funds:
Sale of assets and other	$ 131,000		$ 122,214
Transfers from other funds			40,000
Fund balance	_________		16,786
Total Sources of Funds	$ 131,000		$ 179,000
Appropriations:
Cost of assets sold & other	$ 127,000		$ 179,000
Fund balance	4,000		_________
Total Appropriations	$ 131,000		$ 179,000
DEBT SERVICE FUND
Sources of Funds:
Property taxes	$ 610,131		$ 611,475
Transfers from other funds	196,861		201,881
Other revenue	15,000		7,000
Fund balance	9,331		9,331
Total Sources of Funds	$ 831,323		$ 829,687
Appropriations:
Transfers to other funds	$ 831,323		$ 829,687
DDA DEBT SERVICE FUND
Sources of Funds:
Transfers from other funds	$ 103,700		$ 103,025
Appropriations:
Bond principal	$ 100,000		$ 100,000
Bond interest & other	3,700		3,025
Total Appropriations	$ 103,700		$ 103,025
CIVIC ARENA FUND
Sources of Funds:
Operating revenue	$ 1,127,800		$ 998,089
Other revenue	710,528		151,358
Transfers from other funds	200,000		200,000
Working capital	249,299		850,094
Total Sources of Funds	$ 2,287,627		$ 2,199,541
Appropriations:
Operating expenses	$ 1,032,960		$ 1,119,902
Capital expenses	22,400		22,400
Interest expense	291,288		278,193
Retirement of debt	906,055		751,914
Miscellaneous expense	24,924		17,132
Contingencies	10,000		10,000
Total Appropriations	$ 2,287,627		$ 2,199,541
LANDFILL FUND
Sources of Funds:
Operating revenue	$ 3,692,500		$ 3,342,911
Other revenue	790,035		664,912
Working capital	_ 1,526,862		_ 1,219,393
Total Sources of Funds	$ 6,009,397		$ 5,227,216
Appropriations:
Operating expenses	$ 2,253,722		$ 2,243,142
Other expenses	131,160		91,160
Capital expenses	3,624,515		2,842,914
Contingencies	_________		____50,000
Total Appropriations	$ 6,009,397		$ 5,227,216
WASHINGTON WOODS FUND
Sources of Funds:
Operating revenues	$ 1,112,548		$ 1,149,216
Other revenues	157,790		143,002
Transfers from other funds	10,000		10,000
Working capital	149,284		120,671
Total Sources of Funds	$ 1,429,622		$ 1,422,889
Appropriations:
Operating expenses	$ 1,205,328		$ 1,219,614
Other expenses	165,849		173,541
Contingencies	10,000		5,000
Capital expenses	48,445		24,734
Total Appropriations	$ 1,429,622		$ 1,422,889
RIVERSIDE PLACE FUND
Sources of Funds:
Operating revenues	$ 1,053,362		$ 1,080,665
Other revenues	164,000		151,825
Working capital	101,335		73,762
Total Sources of Funds	$ 1,318,697		$ 1,306,252
Appropriations:
Operating expenses	$ 1,089,365		$ 1,074,220
Other expenses	162,233		158,233
Capital expenses	47,099		53,799
Contingencies	10,000		10,000
Transfers to other funds	10,000		10,000
Total Appropriations	$ 1,318,697		$ 1,306,252
CURRIE MUNICIPAL GOLF COURSE FUND
Sources of Funds:
Operating revenues	$ 1,236,830		$ 1,066,238
Other revenues	548,355		10,846
Working capital	38,542		733,857
Total Sources of Funds	$ 1,823,727		$ 1,810,941
Appropriations:
Operating expenses	$ 1,218,166		$ 1,200,855
Miscellaneous expense	30,961		33,551
Capital expenses	519,800		521,735
Contingencies	5,000		5,000
Transfers to other funds	49,800		49,800
Total Appropriations	$ 1,823,727		$ 1,810,941
PARKING FUND
Sources of Funds:
Operating revenues	$ 90,260		$ 86,948
Other revenues	1,186
Transfers from other funds	45,000		45,000
Working capital	30,802		27,152
Total Sources of Funds	$ 167,248		$ 159,100
Appropriations:
Operating expenses	$ 167,248		$ 156,454
Miscellaneous expense	_________		2,646
Total Appropriations	$ 167,248		$ 159,100
WASTEWATER FUND
Sources of Funds:
Operating revenues	$ 4,754,868		$ 4,820,388
Transfers from other funds	987,242		972,123
Other revenues	103,200		112,400
Working capital	211,012		129,068
Total Sources of Funds	$ 6,056,322		$ 6,033,979
Appropriations:
Operating expenses	$ 3,379,189		$ 3,441,730
Other expenses	321,794		330,549
Interest expense	570,537		567,812
Capital expenses	849,802		758,888
Retirement of debt	815,000		815,000
Transfers to other funds	70,000		70,000
Contingencies	50,000		50,000
Total Appropriations	$ 6,056,322		$ 6,033,979
WATER FUND
Sources of Funds:
Operating revenues	$ 8,905,260		$ 9,033,881
Contractual revenue	1,427,586		1,389,150
Other revenues	283,510		282,205
Transfers from other funds	59,997		59,997
Working capital	2,999,810		3,059,912
Total Sources of Funds	$13,676,163		$13,825,145
Appropriations
Operating expenses	$ 6,347,048		$ 6,534,922
Other expenses	592,273		591,773
Interest expense	627,073		627,074
Capital expenses	3,976,801		3,941,358
Retirement of debt	1,908,488		1,908,488
Transfers to other funds	190,000		190,000
Contingencies	34,480		31,530
Total Appropriations	$13,676,163		$13,825,145
INFORMATION SERVICES - OPERATIONS FUND
Sources of Funds:
Operating revenues	$ 1,073,116		$ 1,073,116
Other revenues	60,000		39,140
Working capital	57,740		36,819
Total Sources of Funds	$ 1,190,856		$ 1,149,075
Appropriations:
Operating expenses	$ 953,289		$ 911,508
Other expenses	112,567		112,567
Capital expenses	125,000		125,000
Total Appropriations	$ 1,190,856		$ 1,149,075
INFORMATION SERVICES – COMPUTER RENTAL FUND
Sources of Funds:
Operating revenues	$ 194,100		$ 193,975
Other revenue	16,693		14,950
Working capital	143,923		93,508
Total Sources of Funds	$ 354,716		$ 302,433
Appropriations:
Operating expenses	$ 344,716		$ 297,433
Capital expense	10,000		5,000
Total Appropriations	$ 354,716		$ 302,433
GEOGRAPHIC INFORMATION SYSTEMS FUND
Sources of Funds:
Transfers from other funds	$ 430,000		$ 430,000
Other revenue	14,000		12,000
Working capital	187,284		90,829
Total Sources of Funds	$ 631,284		$ 532,829
Appropriations:
Operating expenses	$ 435,990		$ 427,340
Capital expenses	148,000		88,195
Contingencies	30,000
Miscellaneous expense	17,294		17,294
Total Appropriations	$ 631,284		$ 532,829
EQUIPMENT REVOLVING FUND
Sources of Funds:
Operating revenues	$ 3,556,586		$ 3,510,086
Other revenues	1,220,821		204,672
Transfers from other funds	49,800		49,800
Working capital	_________		491,182
Total Sources of Funds	$ 4,827,207		$ 4,255,740
Appropriations:
Operating expenses	$ 2,414,169		$ 2,449,670
Other expenses	396,435		396,435
Capital expenses	1,951,702		1,384,635
Contingencies	25,000		25,000
Working capital	39,901		_________
Total Appropriations	$ 4,827,207		$ 4,255,740
MUNICIPAL SERVICE CENTER FUND
Sources of Funds:
Operating revenues	$ 316,100		$ 316,100
Other revenue	36,000		22,826
Working capital	31,430		35,980
Total Sources of Funds	$ 383,530		$ 374,906
Appropriations:
Operating expenses	$ 258,703		$ 255,728
Capital expenses	111,500		110,851
Contingencies	10,000		5,000
Miscellaneous expense	3,327		3,327
Total Appropriations	$ 383,530		$ 374,906
MUNICIPAL SERVICE ANEX FUND
Sources of Funds
Operating expenses				$ 6,330
Other revenue		$ 200,000		200,500
Transfers from other funds		110,051		110,051
Total Sources of Funds		$ 310,051		$ 316,881
Appropriations
Operating expenses				$ 6,330
Capital expenses		$ 310,051		310,051
Working capital		_________		500
Total Appropriations		$ 310,051		$ 316,881
PROPERTY AND LIABILITY INSURANCE FUND
Sources of Funds:
Operating revenues		$ 803,365		$ 824,373
Working capital		116,106		93,952
Total Sources of Funds		$ 919,471		$ 918,325
Appropriations:
Operating expenses		$ 919,471		$ 918,325
SPECIAL ASSESSMENT REVOLVING FUND
Sources of Funds:
Operating revenues		$ 80,000		$ 50,000
Other revenues		119,000		65,025
Total Sources of Funds		$ 199,000		$ 115,025
Appropriations:
Transfers to other funds		$ 50,000		$ 50,000
Working capital		149,000		65,025
Total Appropriations		$ 199,000		$ 115,025

(Motion ADOPTED.)

DOW CHEMICAL WALDO AVENUE INDUSTRIAL DEVELOPMENT DISTRICT NO. 1

City Assessor Reid Duford presented a request from The Dow Chemical Company to establish The Dow Chemical Waldo Avenue Industrial Development District No. 1. Todd Konechne spoke on behalf of the petitioner, The Dow Chemical Company, regarding the establishment of this Industrial Development District (IDD). A public hearing opened at 8:27 p.m. Mike Landry, 401 Balsam, Carrollton, Michigan, Vice President of Alloy Construction Services and developer of the site, spoke in favor of the IDD. Jess Atwell, Economic Development Manager for Midland Tomorrow, spoke in support of the IDD. The public hearing closed at 8:33 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

WHEREAS, The Dow Chemical Company by means of a letter dated March 10, 2008, which was received by the City Clerk on March 12, 2008, and by means of a revised letter also dated March 10, 2008 that was received by the City Clerk on March 25, 2008 has requested the establishment of an Industrial Development District with the proposed district being described as follows:

A PARCEL OF LAND LOCATED IN THE SOUTH ½ OF SECTION 24, AND THE NORTH ½ OF SECTION 25 T14N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS; BEG AT SW COR OF SEC 24, N 250 FT, E 1924.48 FT, NELY 644.3 FT TO PT 250 FT W OF NS ¼ LN, E 150 FT, SWLY ALG WLY & NLY LN OF PENN CENTRAL RAILROAD R/W TO W 1/8 LN, S 100 FT, W TO BEG ALONG WITH THE W 150 FT & W 224.9 FT OF N 407 FT OF SE ¼ & BEG AT INT OF NS ¼ LN & S LN OF SEC 24, N 700 FT, SWLY ON ARC OF CURVE TO RT 1068.52 FT TO S SEC LN, SD CURVE W RAD OF 830.97 FT & LONG CH OF 996.03 FT, E ALG S SEC LN 700 FT TO BEG AND ALSO INCLUDING THE N ½ OF NW ¼ & W ½ OF NW ¼ OF NE ¼ SEC 25 CONTAINING 121.14 ACRES, MORE OR LESS.

; and

WHEREAS, The Dow Chemical Company is the property owner of more than 75% of the SEV of the industrial property within the proposed district; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time the request was filed; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on April 28, 2008, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of The Dow Chemical Company for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the Dow Chemical Waldo Avenue Industrial Development District No. 1 within the meaning of said Public Act 198. (Motion ADOPTED.)

PUBLIC COMMENTS

No public comments were made.

SITE PLAN NO. 275

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

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 275, the request of Mid-Michigan Real Estate/Century 21 Central for a 3,743 square foot office building located at 609 East Wackerly Street on 0.77 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 275 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. 275, contingent upon the following:

1. The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

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

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

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

5. All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

6. That the total calculation for permitted parking shall not exceed thirty-seven (37) stalls as approved the Midland City Planning Commission in accordance with Section 5.01(C)(3) of the Zoning Ordinance.

(Motion ADOPTED.)

SITE PLAN NO. 277

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

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 277, the request of Wilcox Professional Services, LLC on behalf of Alloy Construction Services, Inc. for a 32,532 square foot building located at 92 Waldo Avenue on 13 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 277 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. 277, contingent upon the following:

1. The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

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

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

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

5. All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

(Motion ADOPTED.)

FREEDOM OF INFORMATION DENIAL APPEAL

City Attorney James O. Branson, III introduced a resolution authorizing City Council to take action on a Freedom of Information Act denial appeal. The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

WHEREAS, on March 13, 2008 a Freedom of Information Act request was submitted to the City Clerk; and

WHEREAS, on March 17, 2008 the Freedom of Information Act request was denied by the City Attorney; and

WHEREAS, on March 31, 2008 the Freedom of Information Act denial appeal was received by the City Clerk’s office; and

WHEREAS, on April 14, 2008 the Freedom of Information Act denial appeal was accepted by City Council; now therefore

RESOLVED, that in accordance with the Freedom of Information Act, the City Council hereby supports the denial, in full, as issued by the City Attorney on March 17, 2008. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER P-08-06

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

RESOLVED, that Traffic Control Order No. P-08-06 filed February 25, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Swede Avenue from Wheeler Street to 285 feet north of Wheeler Street and that Traffic Control Order P-06-20 shall be rescinded.

is hereby made permanent. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER P-08-07

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

RESOLVED, that Traffic Control Order No. P-08-07 filed February 25, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Jefferson Avenue between approximately 175 feet north and 120 feet south of Dartmouth Drive.

is hereby made permanent. (Motion ADOPTED.)

TRAFFIC CONTROL ORDER P-08-08

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

RESOLVED, that Traffic Control Order No. P-08-08 filed February 25, 2008 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the east side of Artcrest Street from 24’ north to 24’south of the driveway for 4910 Artcrest Street.

is hereby made permanent. (Motion ADOPTED.)

QUARTERLY FINANCIAL REPORTS FOR 9/30/07 AND 12/31/07

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

RESOLVED, that the quarterly operating statements of the City of Midland, for the quarters ended September 30, 2007 and December 31, 2007, are hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination. (Motion ADOPTED.)

COUNTY/CITY EMERGENCY OPERATIONS PLAN

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

WHEREAS, Section 35-3 of the Code of Ordinances of the City of Midland designates the Midland County Emergency Operations Plan as the City’s emergency operations plan; and

WHEREAS, Section 35-8 of the Code of Ordinances requires the City Manager to review the effectiveness of the Midland County Emergency Operations Plan at least once every four years; and

WHEREAS, the Emergency Management Act (Public Act 390 of 1976, as amended) requires each county and every city over 25,000 in population to re-certify the emergency operations plan at least every four years; and

WHEREAS, the Midland County Emergency Services Director has requested that the City of Midland re-certify the County of Midland/City of Midland Emergency Operations Plan; now therefore

RESOLVED, that the City Council hereby approves the County of Midland/City of Midland Emergency Operations Plan as submitted and authorizes and directs the City Manager to certify said plan by his signature. (Motion ADOPTED.)

MICHIGAN FIRE INSURANCE WITHHOLDING PROGRAM

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

WHEREAS, the provisions of Act 495 of the Public Acts of 1980; as amended by Act 216 of the Public Acts of 1998, and the provisions of Act 217 of Public Acts of 1998, provide that a portion of certain casualty losses for fire or explosion otherwise payable by insurers may be withheld in escrow by participating municipalities in order to secure repair, replacement or removal of damaged structures which violate the municipality’s health or safety standards; and

WHEREAS, the City of Midland has determined that participation in said program would protect and promote the public health, safety and welfare and wishes to be included in the list of participating municipalities published by the Commissioner of Insurance; and

WHEREAS, the City of Midland desires to implement all procedures necessary to administer said program by designating the City official responsible for administration of the program and establishing an escrow account for said purpose; now therefore

RESOLVED, that the City Council does hereby approve this resolution based upon the following:

1. That the City of Midland does hereby become a participating municipality in the program providing for the escrow of fire insurance as established by Act 495 of the Public Acts of 1980; as amended by Act 216 of the Public Acts of 1998, and the provisions of Act 217 of Public Acts of 1998, and does declare its intention to uniformly apply the provisions of Section 2845 to all property within the City of Midland.
2. That the City of Midland official responsible for the administration of Section 2845 of said Acts and any rules promulgated by the Commissioner of Finance and Insurance Services is hereby designated to be the Director of Planning and Community Development or his designee.
3. That the City of Midland official shall establish an escrow account with a local bank for the purpose of receiving and holding deposits of money received from insurers pursuant to Section 2845 of said Acts, which account shall be separately maintained from all other accounts and may be an interest bearing account.

(Motion ADOPTED.)

2007 ANNUAL DRINKING WATER QUALITY REPORT

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

RESOLVED, that the 2007 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)

FIVE-YEAR COMPREHENSIVE SEWER REPORT

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

WHEREAS, Section 28-130 of the City’s Code of Ordinances requires that a Five-Year Comprehensive Sewer Report shall be submitted to the City Council at its regularly scheduled meeting immediately prior to the due date of the city's National Pollution Discharge Elimination System (NPDES) renewal application, which occurs every five years; and

WHEREAS, the City of Midland’s current NPDES Permit was issued on July 13, 2004, and is set to expire at midnight, October 1, 2008; and

WHEREAS, the renewal application was submitted in advance of its due date of April 4, 2008, while the Five-Year Comprehensive Sewer Report submittal to Council was delayed and is being submitted at the April 28, 2008 City Council meeting; now therefore

RESOLVED, the second Five-Year Comprehensive Sewer Report dated April 23, 2008 is hereby received and ordered placed on file in the Office of the City Clerk and at the Grace A. Dow Memorial Library. (Motion ADOPTED.)

ANNUAL BIKE AUCTION

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

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 3, 2008 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.)

DDA REAPPOINTMENT CONFIRMATION

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

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Marty McGuire, Margaret Riecker and Mark Ruhle to the Downtown Development Authority for terms to expire May 1, 2012. (Motion ADOPTED.)

CENTRAL DISPATCH AUTHORITY ADMIN. POLICY BOARD – LANE APPOINTMENT

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

RESOLVED, that Acting Chief of Police, Robert Lane, is hereby appointed to the Midland County Central Dispatch Authority Administrative Policy Board to fill the unexpired term created by the retirement of Chief of Police Jim St. Louis. (Motion ADOPTED.)

2008 EAST SUGNET ROAD RECONSTRUCTION AND WATER MAIN CONTRACT NO. 3

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

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for reconstruction and resurfacing of Sugnet Road from Washington Street to Swede Avenue and the replacement of the water main on Sugnet Road from St. Andrews Road to Swede Avenue; and

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

RESOLVED, that the low sealed proposal submitted by McGuirk Sand & Gravel, Inc. of Mt. Pleasant, Michigan, for the "2008 East Sugnet Road Reconstruction and Water Main; Contract No. 3", in the indicated amount of $370,973.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

PURCHASE ORDER INCREASE – FUEL FOR GOLF COURSE

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

WHEREAS, the cost of diesel fuel and unleaded gasoline at the Golf Course has exceeded the original purchase order limit of $20,000; and

WHEREAS, sufficient funds are included in the Gas and Oil line item in the FY07/08 Golf Course budget and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase the existing purchase order # 24292 to Foster Oil Company of Richmond, Michigan up to the budgeted amount of $38,705 for the purchase of diesel fuel and unleaded gasoline for use at the Golf Course. (Motion ADOPTED.)

CELL 14 LEACHATE INTERCEPTOR TRENCH

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

WHEREAS, in 2007 the landfill experienced a small number of failures in the interim cover at the base of Cell 14, resulting in minor leachate and methane gas outbreaks on the east and south slopes; and

WHEREAS, investigation of the outbreaks and similar experiences in older areas of the site led to the conclusion that landfill gas was migrating through the cover soil and leachate was escaping from the same path; and

WHEREAS, a leachate interceptor trench was designed to channel leachate to collection points where it will then be pumped to the City’s sanitary sewer system for treatment, and includes a collection pipe bedded in drainage stone for venting gas pressure to the surface, which can be used as future gas collection points in a gas to energy system; and

WHEREAS, staff has reviewed the sealed bid proposals opened on April 8, 2008 for Bid No. 3100, Cell 14 Leachate Interceptor Trench, and determined that the low bid submitted by Catskill Remediation of Otsego, Michigan will meet the City’s needs; and

WHEREAS, funding is available in the Landfill Fund account 517-9120-912.97-65 – Construction Projects; now therefore

RESOLVED, that the low bid submitted by Catskill Remedial of Otsego, Michigan in the amount of $173,194.85 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager has the authority to approve changes to the purchase order in an aggregate amount not to exceed $20,000.00. (Motion ADOPTED.)

DIRECTIONAL BORE MACHINE

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

WHEREAS, sealed bids for the purchase of a Directional Bore Machine, Bid No. 3098, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the total bid price for each bid received includes a complete directional bore unit, a trailer with tool box, 75 feet of bore pipe, and 50 bags of bentonite mixture; and

WHEREAS, the low bid machine (McLaughlin MCL-10) offered by Vermeer of Michigan in the total amount of $61,457.50 is rejected for insufficient performance; and

WHEREAS, alternate unit (Vermeer HP 300) offered by Vermeer of Michigan in the total amount of $69,357.50 meets City's specifications; and

WHEREAS, the current 2007/08 Water Fund budget contains funding for purchase of the directional bore machine in account #517-9120-912.97-25 – Capital Equipment; now therefore

RESOLVED, that the low bid machine (McLaughlin MCL-10) offered by Vermeer of Michigan of Jackson is hereby rejected for insufficient performance, and the alternate bid received from Vermeer of Michigan in the amount of $69,357.50 for a Vermeer HP 300 directional bore machine, including optional trailer, bore pipe, and bentonite mixture, is accepted and a purchase order is authorized. (Motion ADOPTED.)

TRENCHLESS SEWER LINER REPAIR

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

WHEREAS, on August 28, 2007, sealed bids for Trenchless Sewer Repairs, Bid No. 3046, were advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid rates accepted from Lanzo Lining Service, Inc. of Roseville are structured whereby the larger the diameter of the pipe, the higher the cost per lineal foot for the installation of the liner; and

WHEREAS, through the use of video, a 516 foot stretch of 15-inch sanitary sewer pipe from W. Hines Street at Eastman Avenue to W. Buttles Street that runs through private property and between residential structures was shown to have numerous cracks and root infestation along much of the pipe, and is a prime candidate for lining; and

WHEREAS, the cost to repair the faulty sanitary sewer pipe is $29,928.00 (516 feet x $58.00); and

WHEREAS, funding is available in the 2007/08 Wastewater Fund, account #590-9120-912.97-50 - Capital Outlay / Sewer System; now therefore

RESOLVED, that a purchase order to Lanzo Lining Service, Inc. of Roseville in the amount of $29,928.00 based on previously bid rates for the lining of 516 feet of sanitary sewer from W. Hines Street at Eastman Avenue to W. Buttles Street is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)

DOW CHEMICAL IFT APPLICATION

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

RESOLVED, that an application dated March 27, 2008, was received March 28, 2008, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 relating to new real and personal property within Michigan Operations to enable continued operation of existing production trains in the SARAN Resins facility by upgrading instrumentation and equipment with a total project cost of $11,485,000, to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, May 12, 2008, 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.)

NEW-TECH, ZEIGLER ENTERPRISES, INC. IFT APPLICATION

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

RESOLVED, that an application dated March 19, 2008, was received March 24, 2008, from New-Tech, Zeigler Enterprises, 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 exemption certificate within the MSARI Holdings Industrial Development District No.1 relating to new real and personal property to build and equip New-Tech’s new offices and R & D lab used for inventing new products or improving existing patented items with a total project cost of $569,284, to allow further expansion in the MSARI Holdings Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, May 12,

2008, 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.)

EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

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

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., May 12, 2008 in the Council Chambers of City Hall on the proposal to amend the 2007-08 budget of the Equipment Revolving Fund to increase expenditures in the Capital Outlay, Vehicle account by $8,250 toward the purchase of a crew cab service truck, and to increase the associated revenue in the Sale of Assets account by $8,250 to reflect an increase in the anticipated trade-in value of the truck being replaced. (Motion ADOPTED.)

Being no further business the meeting adjourned at 8:57 p.m.

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Selina Tisdale, City Clerk