May 18, 2009

 

A regular meeting of the City Council was held on Monday, May 18, 2009, 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, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Councilman Rokosz removed Agenda Item #1, minutes from the May 11, 2009 regular City Council meeting from consent and asked that a new business item be reflected in the minutes.  Approval of the minutes of the May 4, 2009 special meeting and May 11, 2009 regular meeting as amended was then offered by Councilman Donker and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

2009 MAKE MIDLAND BEAUTIFUL ART CELEBRATION

Public Services Administrative Assistant Jan Yuergens introduced Bobbi Arnold and Bernadette Van Slyck who recognized 21 elementary and middle school children for outstanding work in creating posters for the 2009 Make Midland Beautiful Art Celebration.

 

CONDITIONAL USE PERMIT NO. 34

Planning and Community Development Director Keith Baker presented Conditional Use Permit No. 34 – for a two-unit residential dwelling in an Office Service zoning district at 1804 Harcrest Drive on 0.37 acres.  Greg Weckesser, petitioner, responded to Council questions.  The public hearing opened at 7:23 p.m., recognizing no comments, the hearing closed at 7:23 p.m.  The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, Greg Weckesser submitted a request for a conditional use permit review and approval for the construction of a two-unit residential dwelling in an Office Service zoning district at 1804 Harcrest Drive on 0.37 acres; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit No. 34, in accord with documents provided and submitted at the meeting of April 27, 2009.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Richard Tighe, 5611 Siebert Drive, requested Council consider providing internet access in the Council Chambers so residents may access the internet during council meetings.

Larry Pillepich, 3602 McKeith Road, complimented the City’s website and inquired about the Council Chambers’ projection system.

Oswald Anders, 801 Linwood Drive, spoke regarding new ideas for energy generation. 

 

RECREATION PROGRAMS – FEE AMENDMENTS

Director of Public Services Karen Murphy presented information on ordinances amending fees for recreation programs including Swimming Pool Fees and General Recreation Fees.  The following two ordinances were then presented for consideration.

 

 

SWIMMING POOL FEES ORDINANCE AMENDMENT

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

 

ORDINANCE NO. 1679

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-72.  Swimming pool fees

      The fees for use of the city’s swimming pools are as follows:

 (1)

Public Swimming - Adult

$     3.00

 

per session

 

Public Swimming – Youth & Senior

$     2.00

 

per session

(2)

Limited Pass – 15 Admissions, Adult

$   35.00

 

per pass

 

Limited Pass – 15 Admissions, Youth

$   25.00

 

per pass

(3)*

Swimming Lessons

$   30.00

 

per session

(4)

Individual Swim Pass, unlimited use - Adult

$   75.00

 

per pass

 

Individual Swim Pass, unlimited use – Youth

$   60.00

 

per pass

(5)

Family Swim Pass – 2 members

$ 110.00

 

per pass

(6)

Family Swim Pass – each additional member

$   25.00

 

per member

(7)

Family Swim Pass – maximum per family

$ 160.00

 

per pass

(8)

Competitive Swim Pool Rental – per lane

$   20.00

 

per hour

(9)

Aquasize – per session

$   20.00

 

per session

(10)

Aquasize – daily drop-in

$     4.00

 

per day

       * THERE SHALL BE A $10.00 SERVICE FEE FOR REFUNDS.

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

GENERAL RECREATION FEES ORDINANCE AMENDMENT

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

 

ORDINANCE NO. 1680

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of  Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

(1)

Adult softball player

$  18.00

 

per player

(2)

Adult softball player (2nd team)

$  18.00

 

per player

(3)

Adult softball player - Fall League

$    5.00

 

per player

(4)

Each softball team in individual tournaments

$  20.00

 

per team

(5)

Youth softball player

$    6.00

 

per player

(6)

Rugby player

$    6.00

 

per player

(7)

Ski rental (each 2 hours or part thereof)

$    6.00

 

per hour

(8)

Toboggan rental (per hour two-hour maximum)     

$    6.00

 

per hour

(9)

Chalet building rental (2 hour minimum)

$  30.00

 

per hour

 

After 2 hour minimum

$  20.00

 

per hour

(10)

Picnic kit deposit

$  15.00

 

per kit

(11)*

Ball field rental – private tournament

$  10.00

 

per hour per field

(12)*

Ball diamond grooming – private tournament

$  15.00

 

per grooming

(13)*

Ball diamond grooming/maintenance – private tournament - Overtime

$  75.00

 

per hour

(14)*

Ball diamond grooming/maintenance – private tournament - Double time

$100.00

 

per hour

(15)*

Diamond dry field drying material– private tournament

$  12.00

 

per bag

(16)**

Picnic shelter reservations

 

 

 

 

Emerson A-1, Emerson E

$  25.00

 

per use

 

Plymouth A (south), A (north), B-2, B-3

$  25.00

 

per use

 

Barstow Woods

$  25.00

 

per use

 

Stratford Woods

$  25.00

 

per use

 

Chippewassee

$  25.00

 

per use

 

Emerson D

$  45.00

 

per use

 

Plymouth A (entire shelter)

$  55.00

 

per use

 

Unsheltered areas

$  15.00

 

per use

 

Addition of a canopy

$  25.00

 

per request

 

Delivery of picnic tables (up to 10 tables)

$  30.00

 

per use

 

Additional tables (if available)

$    4.00

 

per table

(17)

Delivery of bleachers

$  20.00

 

per section

(18)

Delivery of stage risers

$  25.00

 

per use

(19)

Delivery of half barrel portable grill

$  10.00

 

per use

(20)

City stage rental

 

 

 

 

Non-profit group inside city limits

$   75.00

 

per use

 

For profit group inside city limits

$ 225.00

 

per use

 

Non-profit group outside city limits

$ 125.00

 

per use

 

For profit group outside city limits

$ 425.00

 

per use

*Note:  Fees for private tournament ball field maintenance effective 

            starting with the 2010 softball season.

     **Note:  Fees paid for shelter reservations are non-refundable.

      Exceptions to (16) Picnic shelter reservation fees are as follows:

       a) Donors of shelters shall be allowed one rent free use per year in

           the respective donated structure.

       b) Daytime reservations which begin after 8:00 a.m. and end before 3:00 p.m.

           Monday – Friday in May and June are exempt from fees.

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

2009-10 CITY BUDGET

Fiscal Services Director David Keenan presented information on the City Manager’s Proposed 2009-10 Budget.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, a public hearing on the 2009-2010 budget was held on Monday, May 11, 2009, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 15 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, MCL 211.44 permits local property tax collecting units to add to taxes collected after February 14 and before March 1, four percent (4%) for late charges and additional fees; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,157,983,712 plus $186,616,300 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2009 and ending June 30, 2010 is hereby determined and adopted as follows:

GENERAL FUND

 

  Sources of Funds:

 

    Property taxes

$        28,621,796

    Intergovernmental

3,486,500

    Other revenues

4,377,639

    Transfer from other funds

120,000

    Fund balance

               443,996

      Total Sources of Funds

$        37,049,931

  Appropriations:

 

    General government

$          6,065,763

    Public safety

15,397,856

    Public works

2,801,070

    Sanitation

2,555,096

    Parks and recreation

4,105,632

    Other functions

1,684,038

    Transfer to other funds

4,190,476

    Contingencies

               250,000

      Total Appropriations

$        37,049,931

MAJOR STREET FUND

 

  Sources of Funds:

 

    State gas and weight tax

$          2,637,400

    Other revenues

1,326,364

    Transfer from other funds

1,008,000

    Fund balance

               330,385

      Total Sources of Funds

$          5,302,149

  Appropriations:

 

    Street maintenance

$          1,831,902

    Street construction

2,728,000

    Transfer to other funds

722,247

    Contingencies

                 20,000

      Total Appropriations

$          5,302,149

LOCAL STREET FUND

 

  Sources of Funds:

 

    State gas and weight tax

$             725,700

    Other revenues

97,000

    Transfer from other funds

1,638,000

    Fund balance

                 55,017

      Total Sources of Funds

$          2,515,717

  Appropriations:

 

    Street maintenance

$          1,397,271  

    Street construction

952,000

    Transfer to other funds

146,446

    Contingencies

                 20,000

      Total Appropriations

$          2,515,717

STORM WATER MANAGEMENT FUND 

Sources of Funds:

 

    Operating revenues

$               29,600

    Other revenues

3,000

    Transfer from other funds

513,693

    Fund balance

               100,132

     Total Sources of Funds

$             646,425

  Appropriations:

 

    Operating expenses

$             541,425  

    Capital expenditures

101,000

    Contingencies

                   4,000

      Total Appropriations

$             646,425

GRACE A. DOW LIBRARY FUND

Sources of Funds:

 

    Property taxes

$          2,177,624

    Operating revenues

312,012

    State funds

50,000

    Other revenues

492,950

    Transfer from other funds

               933,571

      Total Sources of Funds

$          3,966,157

  Appropriations:

 

    Operating expenditures

$          3,958,657

    Capital expenditures

                   7,500

      Total Appropriations

$          3,966,157

COMMUNITY DEVELOPMENT BLOCK GRANT FUND

 

  Sources of Funds:

 

    Federal and program

$             276,553

  Appropriations:

 

    Residential home rehabs

$             175,066

    Other expenditures

85,994

    Transfer to other funds

5,000

    Contingencies

10,000

    Carryover to next year

                      493

      Total Appropriations

$             276,553

MIDLAND COMMUNITY TELEVISION FUND

 

  Sources of Funds:

 

    Operating revenues

$             505,700

    Other revenues

11,126

    Fund balance

                   3,299

      Total Sources of Funds

$             520,125

  Appropriations:

 

    Operating expenditures

$             508,625

    Capital expenditures

1,500

    Contingencies

                 10,000

      Total Appropriations

$             520,125

DOWNTOWN DEVELOPMENT AUTHORITY FUND

 

  Sources of Funds:

 

    Property taxes

$             464,325

    Other revenues

                 36,500

      Total Sources of Funds

$             500,825

  Appropriations:

 

    Operating expenditures

$             390,490

    Transfer to other funds

45,000

    Contingencies

15,000

    Fund balance

                 50,335

      Total Appropriations

$             500,825

DIAL-A-RIDE FUND

 

  Sources of Funds:

 

    Operating revenues

$             147,000

    State funds

673,572

    Federal funds

444,367

    Other revenues

5,100

    Transfer from other funds

               764,963

      Total Sources of Funds

$          2,035,002

  Appropriations:

 

    Operating expenses

$          1,780,678

    Capital expenses

244,324

    Contingencies

                 10,000

      Total Appropriations

$          2,035,002

SPECIAL ACTIVITIES FUND

 

  Sources of Funds:

 

    Contributions and other

$               71,995

    Fund balance

                 11,405

      Total Sources of Funds

$               83,400

  Appropriations:

 

    Other expenditures

$               83,400

MIDLAND HOUSING FUND

 

  Sources of Funds:

 

    Sale of assets

$             125,000

    Other revenues

7,021

    Transfer from other funds

5,000

    Fund balance

                 29,979

      Total Sources of Funds

$             167,000

  Appropriations:

 

    Cost of assets sold

$             125,000

    Warranty maintenance

40,000

    Other expenses

                   2,000

     Total Appropriations

$             167,000

DEBT SERVICE FUND

 

  Sources of Funds:

 

    Property taxes

$             601,138

    Other revenues

10,000

    Transfer from other funds

1,806,942

    Fund balance

                 35,221

      Total Sources of Funds

$          2,453,301

  Appropriations:

 

    Retirement of debt

$             930,000

    Interest expense

686,906

    Transfer to other funds

               836,395

     Total Appropriations

$          2,453,301


CIVIC ARENA FUND

 

  Sources of Funds:

 

    Operating revenues

$          1,267,960

    Other revenue

19,500

    Transfer from other funds

200,000

    Working capital

               464,210

      Total Sources of Funds

$          1,951,670

  Appropriations:

 

    Operating expenses

$          1,281,292

    Capital expenses

20,000

    Interest expense

233,464

    Interfund loan principal

261,914

    Contingencies

10,000

    Retirement of debt

               145,000

      Total Appropriations

$          1,951,670

LANDFILL FUND

 

  Sources of Funds:

 

    Operating revenues

$          3,336,100

    Other revenues

310,894

    Interfund loan proceeds

261,914

    Working capital

            2,299,172

      Total Sources of Funds

$          6,208,080

   Appropriations:

 

    Operating expenses

$          2,934,080

    Capital expenses

2,850,000  

    Interfund loans issued

374,000

    Contingencies

                 50,000

      Total Appropriations

$          6,208,080

WASHINGTON WOODS FUND

 

  Sources of Funds:

 

    Operating revenues

$          1,239,070

    Other revenues

145,416

    Transfer from other funds

10,000

    Working capital

                   2,495

      Total Sources of Funds

$          1,396,981

  Appropriations:

 

    Operating expenses

$          1,293,119

    Other expenses

88,362

    Capital expenses

5,500

    Contingencies

                 10,000

      Total Appropriations

$          1,396,981

RIVERSIDE PLACE FUND

 

  Sources of Funds:

 

    Operating revenues

$          1,215,900

    Other revenues

               145,900

      Total Sources of Funds

$          1,361,800

  Appropriations:

 

    Operating expenses

$          1,242,904

    Other expenses

66,000

    Capital expenses

11,550

    Transfer to other funds

10,000

    Contingencies

10,000

    Working capital

                 21,346

      Total Appropriations

$          1,361,800


CURRIE MUNICIPAL GOLF COURSE FUND

 

  Sources of Funds:

 

    Operating revenues

$          1,476,200

    Working capital

               206,275

      Total Sources of Funds

$          1,682,475

  Appropriations:

 

    Operating expenses

$          1,641,915

    Other expenses

11,560

    Capital expenses

                 29,000

      Total Appropriations

$          1,682,475

PARKING FUND

 

  Sources of Funds:

 

    Operating revenues

$             109,096

    Other revenues

584

    Transfer from other funds

                 45,000

      Total Sources of Funds

$             154,680

  Appropriations:

 

    Operating expenses

$             144,481

    Working capital

                 10,199

      Total Appropriations

$             154,680

WASTEWATER FUND

 

  Sources of Funds:

 

    Operating revenues

$          5,361,515

    Other revenues

72,600

    Loan proceeds

374,000

    Transfer from other funds

836,395

    Working capital

               105,812

      Total Sources of Funds

$          6,750,322

  Appropriations:

 

    Operating expenses

$          4,091,800

    Other expenses

14,500

    Interest expense

503,742

    Capital expenses

1,190,280

    Retirement of debt

900,000

    Contingencies

                 50,000

      Total Appropriations

$          6,750,322

WATER FUND

 

  Sources of Funds:

 

    Operating revenues

$          9,096,918

    Contractual revenue

1,555,194

    Other revenues

170,046

    Restricted assets

1,155,000

    Working capital

            1,136,969

      Total Sources of Funds

$        13,114,127

  Appropriations

 

    Operating expenses

$          7,698,420 

    Other expenses

48,144

    Interest expense

399,351

    Capital expenses

2,871,351

    Retirement of debt

1,996,861

    Contingencies

               100,000

      Total Appropriations

$        13,114,127

INFORMATION SERVICES - OPERATIONS FUND

 

  Sources of Funds:

 

    Operating revenues

$          1,011,550

    Other revenues

15,500

    Working capital

               685,774

      Total Sources of Funds

$          1,712,824

  Appropriations:

 

    Operating expenses

$          1,079,874

    Contingencies

50,000

    Capital expenses

               582,950

      Total Appropriations

$          1,712,824

INFORMATION SERVICES - COMPUTER RENTAL FUND

 

  Sources of Funds:

 

    Operating revenues 

$             173,842

    Other revenues

                   4,750

      Total Sources of Funds

$             178,592

  Appropriations:

 

    Operating expenses

$             166,650

    Capital expenses

5,000

    Working capital

                   6,942

      Total Appropriations

$             178,592

GEOGRAPHIC INFORMATION SYSTEMS FUND

 

  Sources of Funds:

 

    Operating revenues

$             399,900

    Other revenues

11,000

    Working capital

               135,338

      Total Sources of Funds

$             546,238


  Appropriations:

 

    Operating expenses

$             484,238

    Capital expenses

32,000

    Contingencies

                 30,000

      Total Appropriations

$             546,238

EQUIPMENT REVOLVING FUND

 

  Sources of Funds:

 

    Operating revenues

$          4,110,672

    Other revenues

                 91,110

      Total Sources of Funds

$          4,201,782

  Appropriations:

 

    Operating expenses

$          2,818,230

    Other expenses

14,280

    Capital expenses

1,121,000

    Contingencies

25,000

    Working capital

               223,272

      Total Appropriations

$          4,201,782

MUNICIPAL SERVICE CENTER FUND

 

  Sources of Funds:

 

    Operating revenues

$             335,196

    Other revenues

14,981

    Working capital

               267,439

      Total Sources of Funds

$             617,616

  Appropriations:

 

    Operating expenses

$             279,616

    Capital expenses

328,000

    Contingencies

                 10,000

     Total Appropriations

$             617,616

MUNICIPAL SERVICE ANNEX FUND

 

  Sources of Funds:

 

    Operating revenues

$               23,744

    Other revenues

                      183

      Total Sources of Funds

$               23,927

  Appropriations:

 

    Operating expenses

$               13,744

    Capital expenses

5,000

    Contingencies

5,000

    Working capital

                      183

     Total Appropriations

$               23,927

PROPERTY AND LIABILITY INSURANCE FUND

 

  Sources of Funds:

 

    Operating revenues

$             760,830

    Working capital

               136,000

      Total Sources of Funds

$             896,830

  Appropriations:

 

    Operating expenses

$             896,830

HEALTH INSURANCE FUND

 

  Sources of Funds:

 

    Operating revenues

$        11,320,750

  Appropriations:

 

    Operating expenses

$        10,712,000

    Working capital

               608,750

     Total Appropriations

$        11,320,750

SPECIAL ASSESSMENT REVOLVING FUND

 

  Sources of Funds:

 

    Operating revenues

$             454,721

    Other revenues

                 50,000

      Total Sources of Funds

$             504,721

  Appropriations:

 

    Other funds

$             120,000

    Working capital

               384,721

      Total Appropriations

$             504,721

; and

 

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 12.54 mills for operations, .13 mills for storm water operations, 1.00 mills for library operations and 0.27 mills for general obligation debt, a total of 13.94 mills, on the taxable value of the various classes of property in the City of Midland on the 2009 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the taxable value of the various classes of property on the 2009 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the summer and winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies, and processing taxes under review and appeal; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after the legal due dates of September 15 and February 14 (or the next business day if those dates fall on a holiday or weekend) a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee.  (Motion ADOPTED.  Yeas:  Adams, Donker, Johnson, McKeag  Nays:  Rokosz)

 

2009-10 SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORPORATION BUDGET

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2009-2010 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $263,000.00 is hereby approved.  (Motion ADOPTED.)

 

DART COORDINATOR & FEDERAL AND STATE FINANCIAL ASSISTANCE

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

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2010 and, therefore, it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the City of Midland staff; and

WHEREAS, staff has submitted a proposed balanced budget of approximately $1,780,678 for Dial-A-Ride operations in 2009/2010 with the intent to apply for an estimated $633,708 in state operating assistance funds; an estimated $284,908 in federal 49 USC 5311 operating assistance funds; and an estimated $862,062 from fare box fees and local general fund support to balance the budget for state fiscal year 2010; now therefore

RESOLVED, that the City Manager is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51 and the City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion ADOPTED.)

 

AVIATION ADVISORY COMMISSION – WOODRUFF CURRENT TERM & RESIGNATION

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

 

WHEREAS, Aviation Advisory Commission member Nathaniel Woodruff recently moved outside Midland city limits; and

WHEREAS, Section 2-240 of the City Code of Ordinances states that no person shall be appointed as a commissioner if they are not a resident of the City of Midland at the time of their appointment, unless approved by 4/5 vote of the City Council; and

WHEREAS, Mr. Woodruff was appointed to an additional term set to begin July 1, 2009, but will resign from his appointed term due to his moving outside the Midland city limits; and

WHEREAS, Section 2-241 of the City Code of Ordinances states that any commissioner that ceases residency in the City will either vacate the office or obtain approval by the City Council to complete the existing term; and 

WHEREAS, Nathaniel Woodruff intends to fulfill his unexpired term which will end following the scheduled June 2, 2009 Aviation Advisory Commission Meeting; now therefore

RESOLVED, that Nathaniel Woodruff is hereby permitted to complete his unexpired term with the Aviation Advisory Commission; and

RESOLVED FURTHER, that the resignation of Nathaniel Woodruff as a member from his next term of the Aviation Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Woodruff for his service on this important Commission.  (Motion ADOPTED.)

 

AVIATION ADVISORY COMMISSION – BERGSTEIN RESIGNATION

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

 

RESOLVED, that the resignation of Stuart Bergstein as a member of the Aviation Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Bergstein for his service on this important Commission.  (Motion ADOPTED.)

 

D.A.R.E., INC. CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from D.A.R.E., Inc. of Midland, county of Midland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.  (Motion ADOPTED.)

 

STANDBY EMERGENCY GENERATOR FOR FIRE DEPARTMENT

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

 

WHEREAS, on March 31, 2009, bids were received for the purchase and installation of a standby emergency generator for the fire department; and

WHEREAS, A/C Electric, of Auburn Michigan, submitted a bid for the specified standby emergency generator; and

WHEREAS, the bid submitted is within the budget for purchasing the specified standby emergency generator; now therefore

RESOLVED, that the City Council authorizes the Purchasing Agent to issue a purchase order in the amount of $21,435 to A/C Electric for the purchase and installation of the required standby emergency generator.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,700 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $20,454.10 executed by the Purchasing Agent on May 8, 2009, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,600 gallons of unleaded fuel from Hirschman Oil of Reese, Michigan for $21,508.20 executed by the Purchasing Agent on May 8, 2009, is hereby approved.  (Motion ADOPTED.)

 

GIS ENHANCED ACCESS AGREEMENT – POSTAL SERVICE

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

 

WHEREAS, the City has created and maintains a Geographic Information System (GIS) containing data in a geospatial format; and

WHEREAS, in accordance with Act 462 of 1996 of the Public Acts of the State of Michigan, as amended, the City has adopted Chapter 7 of the Midland Code of Ordinances, which provides for Enhanced Access to the City’s GIS data; and

WHEREAS, the United States Postal Service Greater Michigan District (USPS) has requested the City provide its GIS data to the USPS and the City intends to grant said request; now therefore

RESOLVED, that City Council authorize the Mayor and City Clerk to execute an agreement between the City of Midland and the USPS for Enhanced Access to the City’s GIS data.  (Motion ADOPTED.)

 

AUDITING SERVICES

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

 

WHEREAS, the City is required by City Charter as well as the State of Michigan to have an annual financial audit performed by independent auditors; and

WHEREAS, the City, as a recipient of federal financial assistance is required to have a single audit performed in accordance with OMB circular A-133; and

WHEREAS, the Finance Department solicited proposals in accordance with established City purchasing procedures to audit the financial statements of the City of Midland, perform a single audit, and prepare the City’s Comprehensive Annual Financial Report for the periods ending June 30, 2009, 2010, and 2011; and

WHEREAS, upon consideration of these proposals, the proposal by Yeo and Yeo, PC, was identified by staff as being the lowest cost provider and in the best interest of the City; now therefore

RESOLVED, that the proposal from Yeo and Yeo, PC to provide the aforementioned services at annual costs of $40,500, $42,200, and $43,960 for the periods ending June 30, 2009, 2010, and 2011, respectively, is hereby authorized and approved.  (Motion ADOPTED.)

 

FLEET UTILIZATION AND VEHICLE REPLACEMENT STUDY

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

 

WHEREAS, staff is recommending a detailed review of the Equipment Revolving Fund and garage operations; and

WHEREAS, Mercury Associates, Inc. of Gaithersburg, Maryland is a dedicated fleet management consultant firm that is a selected vendor on the federal government’s GSA contract; and

WHEREAS, the City of Midland is authorized to make purchases from the GSA contract; and

WHEREAS, sufficient funding for a fleet utilization and vehicle replacement study  is included in the 2008-09 Equipment Revolving Fund budget; now therefore

RESOLVED, that the proposal from Mercury Associates, Inc. for a fleet utilization and vehicle replacement study is accepted and the Purchasing Agent is authorized to issue a purchase order in the amount of $49,600 for this project, all in accordance with the federal government’s GSA contract pricing and specifications.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:47 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk