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 (2^nd 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.

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Selina Tisdale, City Clerk