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.

 

 

______________________________________

            Selina Tisdale, City Clerk