May 24, 2010

A regular meeting of the City Council was held on Monday, May 24, 2010, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present:	Thomas Adams, Maureen Donker, Scott Gaynor, Bruce Johnson, Marty Wazbinski
Councilmen absent:	None

MINUTES

Approval of the minutes of the May 10, 2010 regular meeting was offered by Councilman Adams and seconded by Councilman Wazbinski. (Motion ADOPTED.)

CURBSIDE RECYCLING SERVICES

Department of Public Services Director Karen Murphy presented a report on curbside recycling bid options. A public hearing was opened at 7:20 p.m. Speaking in favor of the monthly upgraded option were Linda Malekadeli, 6205 Indian Ridge Drive; Esther Seaver, 4305 E. Ashman Street, Director of the Midland Volunteers for Recycling; and Joshua Coons, 4820 W. Wackerly Street. Larry Pillepich, 3602 McKeith Drive, spoke in favor of curbside recycling returning to its bimonthly collection. The public hearing closed at 7:28 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

WHEREAS, staff provided City Council with curbside recycling bid options including the cost increase for each option; and

WHEREAS, City Council held a public hearing on Monday, May 24, 2010 to receive public input on the different options; and

WHEREAS, based on public input and in the interest of controlling the cost for the service, City Council has selected the upgraded monthly collection option using large wheeled carts; now therefore

RESOLVED, that the City Council hereby directs staff to negotiate a contract with Republic Services for upgraded monthly collection service at the specified bid price of $2.20/unit/month. (Motion ADOPTED. Yeas: Adams, Donker, Gaynor, Wazbinski Nays: Johnson)

2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

City Engineer Brian McManus presented information for the hearing of necessity on the 2010 Wackerly Water Main Improvement project. A public hearing opened at 7:40 p.m., recognizing no public comments, the hearing closed at 7:40 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

WHEREAS, the City Council has given due notice of its intention to install a water main in a certain street, said improvement being more particularly described in a resolution dated May 10, 2010, said streets being:

WACKERLY STREET from end of existing water main to 770 feet west

and has heretofore established one special assessment district designated:

“2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 24, 2010, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

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

RESOLVED, that the Council finds and determines that the installation of a water main on Wackerly Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy thousand dollars ($70,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be fifty-four thousand nine hundred twenty-two and 58/100 dollars ($54,922.58) and that all other costs and expenses of said improvements amounting to fifteen thousand seventy-seven and 42/100 dollars ($15,077.42) shall be borne and paid by special assessment on all lands and premises in said 2010 Wackerly Water Main Improvement Special Assessment District heretofore established and approved; and

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

“2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented information on the special assessment roll for the 2010 Wackerly Water Main Improvement project. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the fourteenth day of June, 2010, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the fourteenth day of June, 2010, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion ADOPTED.)

PUBLIC COMMENTS

No public comments were made.

DIAL-A-RIDE COMMISSION ORDINANCE AMENDMENT

Director of Public Services Karen Murphy presented information on an ordinance amending Section 2-272 of Article XIV of Chapter 2 – Dial-A-Ride Commission membership requirements. The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Wazbinski:

Ordinance No. 1698

An ordinance to amend the Code of Ordinances, City of Midland, Michigan, by amending Section 2-272 of Article XIV of Chapter 2 thereof.

The City of Midland Ordains:

Section 1. Section 2-272 of Article XIV of Chapter 2 shall be amended as follows:

Sec. 2-272. Membership.

Membership of the dial-a-ride advisory commission shall consist of five (5) voting members appointed by the city council. Each member shall be a resident of the city. One member shall be a handicapper. One member shall be a person sixty-five (65) years of age or older. One member shall be designated by the Midland County Council on Aging as its representative. The dial-a-ride transportation manager or his designated representative shall be an ex officio member without the right to vote.

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

PARKS AND RECREATION COMMISSION ORDINANCE AMENDMENT

Director of Public Services Karen Murphy presented information on an ordinance amending Section 17-5 of Article 1 of Chapter 17 – Parks and Recreation Commission meeting requirements. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

Ordinance No. 1699

An ordinance to amend the Code of Ordinances, City of Midland, Michigan, by amending Section 17-5 OF Article I of Chapter 17 thereof.

The City of Midland Ordains:

Section 1. Section 17-5 of Article I of Chapter 17 shall be amended as follows:

Sec. 17-5. Same– Meetings, chairman.

The parks and recreation commission shall meet monthly, with a minimum of six (6) meetings a year. Members shall elect a chairman at the first meeting after the first day of July each year.

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

MIDLAND COMMUNITY TELEVISION ORDINANCE AMENDMENT

Midland Community Television Director Ron Beacom presented information on an ordinance amending Sections 15-135 and 15-137 of Division 2 of Article V of Chapter 15 – Cable Access Advisory Commission. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

ORDINANCE NO. 1700

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 15-135 AND 15-137 OF DIVISION 2 OF ARTICLE V OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1. Section 15-135 of Division 2 of Article V of Chapter 15 is hereby amended to read as follows:

Sec. 15-135. Same‑Membership.

Membership of the commission shall consist of five (5) voting members appointed by the city council. Three (3) members shall be current registered MCTV access users, one (1) member shall be a school representative as designated by the Midland Public Schools, and one (1) member shall be a citizen at large and must be a current cable television subscriber. Each member shall be a resident of the city. The person from the administrative staff of the city who has been designated by the city manager as the MCTV coordinator shall be an ex officio member of the commission but without the right to vote.

Sec. 15-137. Same‑Internal administration.

The commission shall select one of its voting members as chair and shall designate the ex-officio member as secretary. The commission may adopt such rules as it deems necessary for the transaction of its business. Any decision of the commission shall require the concurrence of three (3) members. The commission shall meet as often as necessary with at least one (1) meeting each calendar quarter and all of its meetings shall be open to the public.

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

2010-11 CITY BUDGET

Fiscal Services Director David Keenan presented for adoption the City Manager’s Proposed 2010-11 Budget. The following resolution was then offered by Councilman Gaynor and seconded by Councilman Wazbinski:

WHEREAS, a public hearing on the 2010-2011 budget was held on Monday, May 10, 2010, 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 $2,303,108,341 plus $215,828,097 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, 2010 and ending June 30, 2011 is hereby determined and adopted as follows:

GENERAL FUND
Sources of Funds:
Property taxes	$ 30,800,868
Intergovernmental	2,831,115
Other revenues	3,827,632
Transfer from other funds	123,000
Total Sources of Funds	$ 37,582,615
Appropriations:
General government	$ 5,864,991
Public safety	15,964,355
Public works	2,596,385
Sanitation	2,658,378
Parks and recreation	4,310,639
Other functions	1,399,150
Transfer to other funds	4,002,687
Contingencies	250,000
Fund balance	536,030
Total Appropriations	$ 37,582,615
MAJOR STREET FUND
Sources of Funds:
State gas and weight tax	$ 2,396,200
Other revenues	331,356
Transfer from other funds	1,300,000
Fund balance	90,919
Total Sources of Funds	$ 4,118,475
Appropriations:
Street maintenance	$ 1,871,450
Street construction	1,565,000
Transfer to other funds	662,025
Contingencies	20,000
Total Appropriations	$ 4,118,475
LOCAL STREET FUND
Sources of Funds:
State gas and weight tax	$ 670,800
Other revenues	77,880
Transfer from other funds	1,725,000
Fund balance	243,478
Total Sources of Funds	$ 2,717,158
Appropriations:
Street maintenance	$ 1,425,018
Street construction	1,124,000
Transfer to other funds	148,140
Contingencies	20,000
Total Appropriations	$ 2,717,158
STORM WATER MANAGEMENT FUND Sources of Funds:
Operating revenues	$ 20,100
Other revenues	756
Transfer from other funds	515,165
Fund balance	73,880
Total Sources of Funds	$ 609,901
Appropriations:
Operating expenses	$ 565,901
Capital expenditures	40,000
Contingencies	4,000
Total Appropriations	$ 609,901
GRACE A. DOW LIBRARY FUND Sources of Funds:
Property taxes	$ 2,340,619
Operating revenues	303,658
State funds	20,000
Other revenues	399,360
Transfer from other funds	765,661
Total Sources of Funds	$ 3,829,298
Appropriations:
Operating expenditures	$ 3,825,298
Capital expenditures	4,000
Total Appropriations	$ 3,829,298
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Sources of Funds:
Federal and program	$ 478,421
Appropriations:
Residential home rehabs	$ 179,826
Other expenditures	153,494
Transfer to other funds	30,000
Contingencies	10,000
Carryover to next year	105,101
Total Appropriations	$ 478,421
MIDLAND COMMUNITY TELEVISION FUND
Sources of Funds:
Operating revenues	$ 530,000
Other revenues	6,516
Total Sources of Funds	$ 536,516
Appropriations:
Operating expenditures	$ 499,710
Contingencies	10,000
Fund balance	26,806
Total Appropriations	$ 536,516
DOWNTOWN DEVELOPMENT AUTHORITY FUND
Sources of Funds:
Property taxes	$ 456,537
Other revenues	25,374
Total Sources of Funds	$ 481,911
Appropriations:
Operating expenditures	$ 359,724
Transfer to other funds	45,000
Contingencies	2,000
Fund balance	75,187
Total Appropriations	$ 481,911
DIAL-A-RIDE FUND
Sources of Funds:
Operating revenues	$ 135,000
State funds	622,881
Federal funds	286,885
Other revenues	72
Transfer from other funds	808,493
Total Sources of Funds	$ 1,853,331
Appropriations:
Operating expenses	$ 1,793,031
Capital expenses	50,300
Contingencies	10,000
Total Appropriations	$ 1,853,331
SPECIAL ACTIVITIES FUND
Sources of Funds:
Contributions and other	$ 71,447
Fund balance	8,623
Total Sources of Funds	$ 80,070
Appropriations:
Other expenditures	$ 80,070
MIDLAND HOUSING FUND
Sources of Funds:
Sale of assets	$ 160,000
Other revenues	2,260
Transfer from other funds	30,000
Fund balance	9,740
Total Sources of Funds	$ 202,000
Appropriations:
Cost of assets sold	$ 160,000
Warranty maintenance	40,000
Other expenses	2,000
Total Appropriations	$ 202,000
DEBT SERVICE FUND
Sources of Funds:
Property taxes	$ 651,127
Other revenues	2,000
Transfer from other funds	1,807,780
Total Sources of Funds	$ 2,460,907
Appropriations:
Retirement of debt	$ 965,000
Interest expense	653,194
Transfer to other funds	842,713
Total Appropriations	$ 2,460,907
CIVIC ARENA FUND
Sources of Funds:
Operating revenues	$ 1,145,860
Contributions	25,000
Other revenue	14,000
Transfer from other funds	200,000
Working capital	416,820
Total Sources of Funds	$ 1,801,680
Appropriations:
Operating expenses	$ 1,123,287
Capital expenses	35,000
Interest expense	221,479
Interfund loan principal	261,914
Contingencies	10,000
Retirement of debt	150,000
Total Appropriations	$ 1,801,680
LANDFILL FUND
Sources of Funds:
Operating revenues	$ 3,289,250
Other revenues	148,296
Interfund loan proceeds	361,914
Working capital	257,522
Total Sources of Funds	$ 4,056,982
Appropriations:
Operating expenses	$ 2,650,782
Capital expenses	1,350,000
Other expenses	6,200
Contingencies	50,000
Total Appropriations	$ 4,056,982
WASHINGTON WOODS FUND
Sources of Funds:
Operating revenues	$ 1,260,851
Other revenues	143,521
Transfer from other funds	10,000
Total Sources of Funds	$ 1,414,372
Appropriations:
Operating expenses	$ 1,269,431
Other expenses	80,090
Capital expenses	6,000
Contingencies	10,000
Working capital	48,851
Total Appropriations	$ 1,414,372
RIVERSIDE PLACE FUND
Sources of Funds:
Operating revenues	$ 1,257,720
Other revenues	131,371
Total Sources of Funds	$ 1,389,091
Appropriations:
Operating expenses	$ 1,262,960
Other expenses	66,000
Capital expenses	17,295
Transfer to other funds	10,000
Contingencies	10,000
Working capital	22,836
Total Appropriations	$ 1,389,091
CURRIE MUNICIPAL GOLF COURSE FUND
Sources of Funds:
Operating revenues	$ 1,197,000
Transfer from other funds	62,753
Total Sources of Funds	$ 1,259,753
Appropriations:
Operating expenses	$ 1,203,440
Other expenses	2,000
Capital expenses	51,000
Working capital	3 ,313
Total Appropriations	$ 1,259,753
PARKING FUND
Sources of Funds:
Operating revenues	$ 105,100
Other revenues	50
Transfer from other funds	45,000
Total Sources of Funds	$ 150,150
Appropriations:
Operating expenses	$ 146,085
Working capital	4,065
Total Appropriations	$ 150,150
WASTEWATER FUND
Sources of Funds:
Operating revenues	$ 5,606,404
Other revenues	32,350
Restricted assets	625,000
Transfer from other funds	842,713
Total Sources of Funds	$ 7,106,467
Appropriations:
Operating expenses	$ 3,996,217
Other expenses	18,130
Interest expense	469,521
Capital expenses	960,000
Retirement of debt	935,000
Interfund loan principal	100,000
Contingencies	50,000
Working capital	577,599
Total Appropriations	$ 7,106,467
WATER FUND
Sources of Funds:
Operating revenues	$ 9,368,041
Contractual revenue	485,268
Other revenues	137,478
Working capital	404,728
Total Sources of Funds	$ 10,395,515
Appropriations
Operating expenses	$ 7,943,107
Other expenses	19,538
Interest expense	298,624
Capital expenses	1,148,200
Retirement of debt	886,046
Contingencies	100,000
Total Appropriations	$ 10,395,515
INFORMATION SERVICES - OPERATIONS FUND
Sources of Funds:
Operating revenues	$ 1,013,524
Other revenues	5,510
Working capital	386,464
Total Sources of Funds	$ 1,405,498
Appropriations:
Operating expenses	$ 1,172,148
Contingencies	50,000
Capital expenses	183,350
Total Appropriations	$ 1,405,498
INFORMATION SERVICES - COMPUTER RENTAL FUND
Sources of Funds:
Operating revenues	$ 172,397
Other revenues	3,082
Working capital	6,781
Total Sources of Funds	$ 182,260
Appropriations:
Operating expenses	$ 182,260
Total Appropriations	$ 182,260
GEOGRAPHIC INFORMATION SYSTEMS FUND
Sources of Funds:
Operating revenues	$ 311,800
Other revenues	2,750
Working capital	40,427
Total Sources of Funds	$ 354,977
Appropriations:
Operating expenses	$ 299,977
Capital expenses	25,000
Contingencies	30,000
Total Appropriations	$ 354,977
EQUIPMENT REVOLVING FUND
Sources of Funds:
Operating revenues	$ 3,828,909
Other revenues	128,790
Total Sources of Funds	$ 3,957,699
Appropriations:
Operating expenses	$ 2,741,728
Capital expenses	1,105,500
Contingencies	25,000
Working capital	85,471
Total Appropriations	$ 3,957,699
MUNICIPAL SERVICE CENTER FUND
Sources of Funds:
Operating revenues	$ 335,196
Other revenues	3,409
Working capital	234,078
Total Sources of Funds	$ 572,683
Appropriations:
Operating expenses	$ 291,720
Capital expenses	270,963
Contingencies	10,000
Total Appropriations	$ 572,683
MUNICIPAL SERVICE ANNEX FUND
Sources of Funds:
Operating revenues	$ 23,744
Other revenues	75
Total Sources of Funds	$ 23,819
Appropriations:
Operating expenses	$ 13,609
Capital expenses	5,000
Contingencies	5,000
Working capital	210
Total Appropriations	$ 23,819
RENEWABLE ENERGY SERVICES FUND
Sources of Funds:
Operating revenues	$ 319,700
Appropriations:
Operating expenses	$ 253,589
Contingencies	20,000
Working capital	46,111
Total Appropriations	$ 319,700
PROPERTY AND LIABILITY INSURANCE FUND
Sources of Funds:
Operating revenues	$ 663,730
Working capital	189,661
Total Sources of Funds	$ 853,391
Appropriations:
Operating expenses	$ 853,391
HEALTH INSURANCE FUND
Sources of Funds:
Operating revenues	$ 10,231,210
Working capital	568,790
Total Sources of Funds	$ 10,800,000
Appropriations:
Operating expenses	$ 10,800,000
SPECIAL ASSESSMENT REVOLVING FUND
Sources of Funds:
Operating revenues	$ 43,000
Other revenues	24,700
Working capital	55,300
Total Sources of Funds	$ 123,000
Appropriations:
Other funds	$ 123,000
; and

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 12.55 mills for operations, .12 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 2010 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 2010 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.)

CITY FINANCIAL REPORTS

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

RESOLVED, that the quarterly financial information of the City of Midland, for the quarters ended September 30, 2009, December 31, 2009, and March 31, 2010, is hereby acknowledged as being received by the Midland City Council on this date, and are ordered placed on file for public examination. (Motion ADOPTED.)

SITE PLAN NO. 295

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

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 295, the request of Three Rivers Corporation on behalf of Community Mental Health Central Michigan for a 22,940 square foot office building located at 218 Fast Ice Drive on 4 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 295 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. 295, contingent upon the following:

1. The storm water 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. A total of 147 parking spaces shall be provided.
6. The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications. They now are.
7. All water connections and irrigation systems will comply with the City of Midland Water Department specifications. This contingency has been met.

8. Two driveways are permitted in accordance with Section 3.10 of the Zoning Ordinance.

(Motion ADOPTED.)

BOARDS AND COMMISSIONS VACANCIES AND APPOINTMENTS

Communications Coordinator Libby Richart presented a review of applicants to current boards and commissions vacancies and appointing Council members to conduct interviews and make recommendation(s) for appointment. The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

RESOLVED, that Midland City Council hereby receives the review report on board and commission applications and appoints Council members to serve as an interview panel and make an appointment recommendation back to Midland City Council. (Motion ADOPTED.)

MIDLAND COMMUNITY TENNIS CENTER DONATION

Director of Public Services Karen Murphy presented information on a donation from the Midland Community Tennis Center for renovations to the Central Park tennis courts. Midland Community Tennis Center Director Mike Woody spoke regarding the donation and programming opportunities. The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

WHEREAS, the Midland Community Tennis Center has offered to donate $30,000 in renovations to the Central Park outdoor tennis courts; and

WHEREAS, the amended fiscal year 2009/10 Parks Capital Outlay budget contains matching funds for the project; and

WHEREAS, the Midland Community Tennis Center will offer programming at the renovated tennis courts this summer to encourage residents to become active in the sport of tennis; now therefore

RESOLVED, that the City Council hereby accepts the Midland Community Tennis Center’s generous gift for renovation of the tennis courts at Central Park in partnership with the Parks Department. (Motion ADOPTED.)

DECERTIFYING PORTION OF ELLSWORTH STREET FROM STREET SYSTEM

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

WHEREAS, the City of Midland does hereby wish to decertify a portion of Ellsworth Street from the public street system; now therefore

RESOLVED, that Ellsworth Street is decertified from Ripley Street to 160 feet west of Jerome Street for a total decertification of 161 feet. (Motion ADOPTED.)

REVOKING IFT CERTIFICATES FOR DESIGN CRAFTSMEN

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

WHEREAS, the City Council of the City of Midland on March 22, 1999 approved two applications for industrial facilities exemption certificates to a new facility located at 2200 James Savage within the Expanded Design Craftsmen, Inc. Industrial Development District No. 1, previously established by resolution of the Midland City Council on October 2, 1989; and

WHEREAS, the application for the certificates were made by Design Craftsmen, Inc. with the certificates being for a twelve-year period with the exemption expiring December 30, 2011; and

WHEREAS, Design Craftsmen, Inc. has voluntarily surrendered all of its assets to its secured creditors and ceased its operations on February 3, 2010, and that the City of Midland has not received any correspondence expressing interest in transferring the IFT exemption; and

WHEREAS, industrial facilities exemption certificates #99-122 and #99-123 were issued by the State Tax Commission on the 8^th day of September, 1999 to Design Craftsmen, Inc.; and

WHEREAS, Section 15 (2) of Public Act 198 of the Public Acts of the State of Michigan of 1974 (Plant Rehabilitation and Industrial Development Districts Act) provides that the legislative body of the governmental unit which approved the applications for the certificates may request the State Tax Commission to revoke the industrial facilities exemption certificates if it finds, among other things, that the holder of the exemption has not proceeded in good faith with the operation of the facility in a manner consistent with the purposes of the public act and in absence of circumstances that are beyond the control of the holder of the exemption certificate; now therefore

RESOLVED, that the Midland City Council finds that the industrial facilities exemption certificates given to Design Craftsmen, Inc. for a business at 2200 James Savage within the Expanded Design Craftsmen, Inc. Industrial Development District No. l, is no longer being operated at that location in good faith and in a manner consistent with the purposes of Public Act 198, as amended, as a result of Design Craftsmen, Inc. having voluntarily surrendered all of its assets to its secured creditors and having ceased its operations at said location; and

RESOLVED FURTHER, that on the basis of said findings, the City Council of the City of Midland requests that industrial facilities exemption certificates #99-122 and #99-123 issued to Design Craftsmen, Inc. on September 8, 1999, be revoked. (Motion ADOPTED.)

DDA – ANDERSON REAPPOINTMENT

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

RESOLVED, that Jenny Anderson is hereby reappointed as a citizen at large member to the Downtown Development Authority to fill a term expiring May 1, 2014. (Motion ADOPTED.)

SAGINAW ROAD RESURFACING – MDOT CONTRACT NO. 10-5242

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

WHEREAS, a proposed Contract No. 10-5242 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the resurfacing of Saginaw Road from the SBS Railroad to 3750 feet north and Saginaw Road from Austin Street to James Savage Road; and

WHEREAS, the total estimated cost of the project is $926,500 and $373,600 will be paid from a Federal Surface Transportation Program grant and $470,000 will be paid by a grant from the Federal American Recovery and Reinvestment Act and the remaining cost of $82,900 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said road resurfaced; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 10-5242 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland. (Motion ADOPTED.)

FLEET MANAGEMENT SOFTWARE

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

WHEREAS, the City has been using the same Fleet Management software from SunGard Public Sector since 1998; and

WHEREAS, SunGard Public Sector software no longer provides the features needed to manage the City’s vehicle fleet; and

WHEREAS, City Staff has determined that CCG Systems Inc. of Norfolk, Virginia provides a better product that utilizes mainstream technology and provides numerous efficiencies; and

WHEREAS, sufficient funding for the purchase of this software package is provided for in the Information Services Operations Fund, as well as adequate appropriations for the 2009-10 expenditures relating to this project; and

WHEREAS, City Council previously approved the funding for the Fleet Management software concept on August 24, 2009; now therefore

RESOLVED, that the City Council hereby authorizes the Mayor to sign an agreement with CCG Systems Inc., subject to the final review by the City Attorney and Director of Fiscal Services, for the purchase of new software in the amount of $95,760; and

RESOLVED FURTHER, that City Council authorizes the City Manager to approve change orders related to the purchase and implementation of this software product, in the amount not to exceed $5,000. (Motion ADOPTED.)

DOW CHEMICAL COMPANY – FIRST AMENDMENT TO WATER SERVICE AGREEMENT

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

WHEREAS, the Dow Chemical Company (Dow) utilizes both domestic and industrial grade water purchased from the City of Midland throughout its Midland, Michigan manufacturing site, and has determined it to be advantageous at times to lease or sell operations within its Midland site; and

WHEREAS, in reviewing the 1979 supplemental water agreement between the City of Midland and Dow, it indicates in section XXI a non-assignability clause, which prohibits Dow from assigning, transferring, or selling water to another person or company without written consent of the City; and

WHEREAS, the most practical means for Dow to have full utilization of their facilities and continue the sale of water is to amend the supplemental agreement to allow Dow to reassign or sell the water at any location within Dow’s Midland, Michigan manufacturing site; and

WHEREAS, an amendment to the water agreement between the City of Midland and Dow will eliminate the previous language in section XXI and replace it with new language that permits the assignment, transfer or selling to a purchaser or lessee of the facility or property located at Dow’s Midland, Michigan manufacturing site; and

WHEREAS, a Memorandum of Understanding between the City of Midland and Dow has been drafted to clarify the meaning and intent of Article XXI of the Agreement, as amended; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the First Amendment to the 1979 Supplemental Agreement between the City of Midland and The Dow Chemical Company to allow any water which has been purchased by Dow and delivered by the City to the Dow System to be utilized at any location within Dow’s Midland, Michigan manufacturing site; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the Memorandum of Understanding between the City of Midland and The Dow Chemical Company to clarify the meaning and intent of Article XXI of the Agreement, as amended. (Motion ADOPTED.)

LANDFILL GAS COLLECTION & CONTROL SYSTEM – CHANGE ORDER #1 (CATSKILL)

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

WHEREAS, the City of Midland is constructing a renewable energy project that will utilize landfill gas, created by the decomposition of refuse, to generate renewable electric power and heat for the City’s Water and Wastewater Treatment facilities, and other City facilities; and

WHEREAS, Catskill Remedial Contracting Services, Inc. of Otsego, Michigan was awarded the contract earlier this year in the amount of $1,344,312.36 to install the Gas Collection and Control System at the Landfill to collect landfill gas that will fuel the gas-to-energy generator facility; and

WHEREAS, in 2009, when developing the bid specifications for pipe installation in Cells 1-8, accurate data was not available on the depth of stored clay material beneath the cap; and

WHEREAS, the contractor identified an average increase of trench depth of 5.1 feet, adding to the quantity of material hauled out of Cells 1-8, and additional hauling and drainage material for backfill placement in those trenches; and

WHEREAS, using the contractual rates for equipment and manpower, change order #1 increases the cost to complete the trenches in Cells 1-8 by $58,972.40; and

WHEREAS, funding for this purpose is available in Landfill Project LF0707; now therefore

RESOLVED, that change order #1 to amend the construction contract with Catskill Remedial Contracting Services, Inc. of Otsego, Michigan in the amount of $58,972.40 is hereby approved, bringing the amended contract value to $1,403,284.76, for additional waste excavation, hauling, and backfilling required in Cells 1-8 for installation of gas collection piping due to the depth of waste below the surface being greater than engineering estimates. (Motion ADOPTED.)

WATER SERVICE FITTINGS

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

WHEREAS, sealed bids for Bid No. 3256, Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the low bid received from Michigan Pipe & Valve of Saginaw to be acceptable, and recommends award for inventory purchases of water service fittings; and

WHEREAS, funding is provided in the Water Fund Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that a purchase order is hereby authorized to Michigan Pipe & Valve of Saginaw in an amount not to exceed $31,378.31; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)

OCCUPATIONAL HEALTH SERVICES

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

WHEREAS, the City requires occupational health services; and

WHEREAS, MidMichigan Urgent Care-Midland provides a full range of occupational health services; and

WHEREAS, sufficient funding exists in account 101-2260-706-80.36, Medical Services, in the 2009-10 General Fund budget; now therefore

RESOLVED, that occupational health services are hereby determined to qualify as professional services within the meaning of Section 2-19 of the Midland Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order not to exceed $30,000 to MidMichigan Urgent Care-Midland. (Motion ADOPTED.)

NEW BUSINESS:

COUNCILMAN GAYNOR RECOGNITION

Mayor Donker presented a resolution recognizing Scott Gaynor for his service to the Midland Community as a Midland City Council member. The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Councilman Scott Gaynor for his outstanding contributions to the Midland community as a City Council member, and wishing him well in his future endeavors. (Motion ADOPTED. Yeas: Adams, Donker, Johnson, Wazbinski Nays: None Abstained: Gaynor)

Being no further business the meeting adjourned at 8:20 p.m.

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Selina Tisdale, City Clerk