July 13, 2009

 

A regular meeting of the City Council was held on Monday, July 13, 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

Approval of the minutes of the June 22, 2009 regular and both June 29, 2009 special meetings was offered by Councilman Adams and seconded by Councilman Donker.  (Motion ADOPTED.)

 

2009 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented information on the 2009 Sidewalk Improvement Special Assessment District Special Assessment Roll.  A public hearing opened at 7:12 p.m., recognizing no public comments, the hearing closed at 7:12 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2009 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects in the amount of $39,013.00, and that the total estimated cost of said improvements is $80,672.50, and the City at large cost is $41,659.50; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2010, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 3.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion ADOPTED.)

 

2009 SIDEWALK IMPROVEMENT PROGRAM; CONTRACT NO. 17

City Engineer Brian McManus presented information on the 2009 Sidewalk Improvement Program; Contract No. 17. The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of sidewalks at various locations within the City of Midland; and

WHEREAS, funding for the 2009 Sidewalk Improvement Program is provided by the General Fund and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Northwood Concrete, Inc. of Midland, Michigan, for the "2009 Sidewalk Improvement Program; Contract No. 17", in the indicated amount of $72,949.24, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 

PUBLIC COMMENTS

No public comments were made.

 

CIVIC ARENA FEES AMENDMENT (1st reading)

Assistant City Manager Jack Duso presented information on an amendment to the Civic Arena fees.  Kevin Geary, of the Masters and Old Timers Hockey League, spoke regarding the cost increases and their affects on these leagues.  Introduction and first reading of the following ordinance amending Civic Arena Fees was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. _________________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.   Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

 (1)

Individual Ice Skater – Adult

$      4.00

$    5.00

per session

(2)

Individual Ice Skater – Youth & Senior

$      3.00

$    4.00

per session

(3)

Skating Pass (25 20 admissions) – Adult

$     85.00

 

per pass

(4)

Skating Pass (25 20 admissions) – Youth & Senior

$     65.00

$  70.00

per pass

(5)

Skate Rental

$       2.00

$    3.00

per session

(6)

Rink Rental

$   185.00

$220.00

per hour

(7)

Rink Rental (M-F, 6:00 a.m. – 2:00 p.m. 12:00 a.m. – 3:00 p.m.)

$   135.00

$175.00

per hour

(8)

Summer Rink Rental

$   185.00

$220.00

per hour

(9)

SKATE SHARPENING

$       4.00

 

   HOCKEY

$    5.00

   FIGURE/GOALIE

$    6.00

 

   NEW/RUSTY/POOR CONDITION

 

$    8.00

 

(10)

DROP-IN PROGRAM

 

 

 

 

   HOCKEY (NOON)

 

$    8.00

 

 

   HOCKEY (PRIME)

 

$  10.00

 

 

   SPEED SKATING

 

$  12.00

 

 

   FIGURE SKATING

 

$  12.00

 

(11)

CONFERENCE ROOM RENTAL

 

$  15.00

PER HOUR

(12)

BIRTHDAY/SKATING PARTIES

 

 

 

 

   5-9 PEOPLE

 

$  11.00

PER PERSON

 

   10-19 PEOPLE

 

$  10.00

PER PERSON

 

   20-30 PEOPLE

 

$    9.00

PER PERSON

Exception:  The Civic Arena Manager is authorized with the approval of the City Manager to reduce ice rental rates on a discretionary basis for the purpose of marketing additional ice rental.

Section 2.   This Ordinance shall take effect on September 1, 2009.  (Motion adopted.  Considered first reading.)

 

EVERGREEN SOLAR SITE EASEMENT AGREEMENT

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

RESOLVED, that the attached Easement Agreement from ESLR1, LLC, to the City of Midland, for public water mains on their private Evergreen Solar site on Schuette Road in Section 23, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

GREATER MIDLAND COMMUNITY CENTERS, INC. EASEMENT AGREEMENTS

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

 

RESOLVED, that the attached Easement Agreement from the Greater Midland Community Centers, Inc., to the City of Midland, for public water mains and storm sewers at the Midland Community Center site in Section 16, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded; and

RESOLVED FURTHER, that the attached Easement Agreement from the City of Midland to the Greater Midland Community Centers, Inc.,  for a spray park on property owned by the City of Midland in Section 16, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

POLICE OFFICERS ASSOCIATION CONTRACT SETTLEMENT

Assistant City Manager for Human Resources Paula Whittington presented the negotiated contract settlement between the City of Midland and the Police Officers Association of Michigan, Midland. The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Police Officers Association of Michigan, Midland (POAM) for labor contract changes effective July 1, 2009 and expiring June 30, 2011; and


RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

REQUESTED WALKWAY VACATION BETWEEN NELSON AND HELEN STREETS

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

 

RESOLVED, that a petition received from Greta Wittbrodt, Laura Good, Christopher Malecki, and Cassie and John Cuthbert, to vacate the walkway between West Nelson Street and Helen Street, is hereby referred to the City Engineer, the Planning Commission, the Director of Utilities, and the Director of Public Services, for review and recommendation to the City Council.  (Motion ADOPTED.)

 

MICHIGAN GREEN COMMUNITIES CHALLENGE

Utilities Director Noel Bush presented a resolution asking Council to accept the Michigan Green Communities Challenge, an Energy Efficiency and Conservation Strategy.  The following resolution was then offered by Councilman Adams and seconded by Councilman Donker:

 

Michigan Green Communities Challenge

WHEREAS:

The City of Midland wants to emphasize the benefits of energy efficiency and conservation;

The City of Midland wants to demonstrate that energy efficiency and conservation practices can be applied to the daily governmental operations and to infrastructure projects;

The City of Midland seeks to find methods of service delivery and operations that conserve energy and resources, saving taxpayer dollars and protecting and preserving the environment;

The City of Midland recognizes that sound energy efficiency and conservation practices can reduce government costs over the long-term;

The City of Midland will lead by example to show the practicality and effectiveness of these practices; and

The City of Midland seeks to encourage its citizens and businesses to initiate stewardship activities that benefit the environment and their community;

ACCORDINGLY, IT IS RESOLVED THAT THE City of Midland accepts the Michigan Green Communities Challenge and pledges to work toward achieving the goals of the Basic Challenge over the next three years.  (Motion ADOPTED.)

 

LITERACY COUNCIL OF MIDLAND COUNTY CHARITABLE GAMING LICENSE

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

 

RESOLVED, that the request from Literacy Council of Midland County, 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.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION APPOINTMENT

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

 

RESOLVED, that Edward Saunders is hereby appointed as a citizen-at-large member of the West Main Street Historic District Commission to fill a term expiring June 30, 2012.  (Motion ADOPTED.)


 

MBS INTERNATIONAL AIRPORT – BILTZ REAPPOINTMENT

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

 

RESOLVED, that the City Council hereby reappoints George Biltz to the MBS International Airport Commission effective immediately for a three (3) year term ending June 30, 2012.  (Motion ADOPTED.)

 

DOWNTOWN DEVELOPMENT AUTHORITY – MCCANDLESS RESIGNATION

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

 

RESOLVED, that the resignation of Jack McCandless as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. McCandless for his service on this important Board.  (Motion ADOPTED.)

 

DOWNTOWN DEVELOPMENT AUTHORITY – WINTER RESIGNATION

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

 

RESOLVED, that the resignation of Keith Winter as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Winter for his service on this important Board.  (Motion ADOPTED.)

 

PLANNING COMMISSION – SVENSON RESIGNATION

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

 

RESOLVED, that the resignation of Carol Svenson as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Svenson for her service on this important Commission.  (Motion ADOPTED.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION – JONES RESIGNATION

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

 

RESOLVED, that the resignation of Sandra Jones as a member of the West Main Street Historic District Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Jones for her service on this important Commission.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,400 gallons of unleaded fuel from Hirschman Oil of Reese, Michigan for $28,501.80 executed by the Purchasing Agent on June 16, 2009, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,400 gallons of diesel fuel from Karbowski Oil of Bay City, Michigan for $25,486.80 executed by the Purchasing Agent on June 30, 2009, is hereby approved.  (Motion ADOPTED.)

 

SALT/PLOW TRUCK CHASSIS PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Single Axle Dump Truck, Bid No. 3144; and

WHEREAS, the low bidder, Wieland Sales of Bay City, Michigan, has agreed to honor the bid price for purchases through July 31, 2009; and

WHEREAS, sufficient funding for the purchase of the dump truck chassis is included in the FY 2009-10 Equipment Revolving Fund budget for Capital Outlay - Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan, in the amount of $56,698.11 for the purchase of one single axle dump truck chassis, and sell city unit # 3-73 at the city auction, in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

LIGHT DUTY VEHICLES AND POLICE PATROL CARS PURCHASE

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

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of police patrol cars, a van, and a sport-utility vehicle is included in the 2009-10 Equipment Revolving Fund budget for Capital Outlay, Vehicles and the 2009-10 Water Fund Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue purchase orders to the State of Michigan’s selected vendors, Snethkamp Dodge of Lansing, Michigan, in the amount of $128,889.45 for the purchase of five police patrol cars and one sport-utility vehicle; and Red Holman GMC of Westland, Michigan, in the amount of $18,632.00 for the purchase of one van, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

2009 JAMES SAVAGE ROAD STORM SEWER

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of storm sewer to enclose the roadside ditch on the south side of James Savage east of Saginaw Road; and

WHEREAS, funding for the “2009 James Savage Road Storm Sewer” is provided by the General Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall, Inc. of Midland, Michigan, for the "2009 James Savage Road Storm Sewer", in the indicated amount of $24,655.75, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $10,000.  (Motion ADOPTED.)

 

WASTEWATER - SECONDARY DIGESTER CLEANING & LAND APPLICATION

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

 

WHEREAS, in 1985, the City began utilizing the biosolids disposal technique of Land Application as the most cost-effective and environmentally sound alternative available; and

WHEREAS, the WWTP digester system process has two 500,000 gallon primary digester tanks, which automatically overflow into a one million gallon secondary digester tank, and when the secondary digester tank is filled, the biosolids are pumped to a one million gallon holding tank, which is then pumped out by a contractor three times per year and the biosolids are land applied to farm fields; and

WHEREAS, in July 2008, Bid No. 3124, Biosolids Land Application for a three-year period beginning July 1, 2008 submitted by Synagro Central of Baltimore, Maryland at a per gallon rate of $0.0309, was approved by Council, authorizing annual purchase orders in the amount of $92,700.00 to have the biosolids pumped from the Wastewater Treatment Plant holding tank and land applied; and

WHEREAS, the primary and secondary digesters periodically need to be cleaned to remove build-up of sand, grease, and residuals; and

WHEREAS, cleaning the digesters is substantially the same service as removing the biosolids from the holding tank, with the major exception being that digester cleaning requires a confined space entry, entailing the use of air handling or monitoring equipment, additional personnel, and fall-protection; and

WHEREAS, Synagro has agreed to perform the secondary digester cleaning and land application under the existing biosolids management agreement with the City at the current bid rate of $0.0309 per gallon, based on an estimated 1,400,000 gallons (includes water for cleaning and dilution) of biosolids pumped and land applied at a cost of $43,260.00, with an additional charge for the confined space entry of up to $7,000.00, bringing the total estimated cost to $50,260.00; and

WHEREAS, funding has been budgeted for this purpose in the 2009/10Wastewater Fund account #590-8146-811.81-99, Miscellaneous Contractual Services; now therefore

RESOLVED, that authorization is hereby given to increase the current year purchase order of $92,700.00 (holding tank pumping) by $50,260.00 (secondary digester cleaning) to Synagro Central of Baltimore, Maryland, bringing the total purchase order amount to $142,960.00; and

RESOLVED FURTHER, that the City Manager is authorized to make changes to the digester cleaning portion of the purchase order in an amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

LANDFILL GAS-TO-ENERGY ENGINEERING PURCHASE ORDER INCREASE

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

 

WHEREAS, the City of Midland has completed initial work on 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, as well as for other City facilities; and

WHEREAS, following the public hearing and City Council approval of the Landfill Gas-to-Energy Final Project Plan at its June 22, 2009 meeting, the City submitted its final conceptual plan and State Revolving Fund (SRF) loan application to the Michigan Department of Environmental Quality (MDEQ) through its engineering consultants, CTI and Associates, Inc. of Brighton, Michigan; and

WHEREAS, staff is moving forward with the project plan to solicit qualified bidders to design and build the power generation facility, and for construction of the landfill gas collection and gas transmission pipeline, as part of the landfill gas-to-energy system, requiring the development of engineering plan sets for construction bid documents; and

WHEREAS, a proposal to coordinate and perform this engineering work has been received from CTI, at an estimated cost of $90,000.00; and

WHEREAS, funding is provided in project LF0707 – Landfill Gas-to-Energy; now therefore

RESOLVED, that an increase of $90,000.00 to the existing purchase order of $44,500.00 to CTI & Associates, Inc. for engineering assistance to solicit qualified bidders to design and build the power generation facility, and for construction of the landfill gas collection and gas transmission pipeline, as part of the landfill gas-to-energy system in conformance with State Revolving Fund loan requirements, bringing the total purchase order to $134,500.00, is hereby approved.  (Motion ADOPTED.)

 

WATER METERS AND ACCESSORIES PURCHASE

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

 

WHEREAS, the City standardized water meters in 1987, selecting Sensus Metering Systems through competitive bid, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, sealed bids for purchase of Sensus water meters and accessories, Bid 3194, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for meters and accessories is provided in Water Fund Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that the bid submitted by ETNA Supply Company of Grand Rapids, for the indicated unit costs, is accepted and a purchase order is hereby authorized in an amount not to exceed $116,300.00 for purchases of meters and accessories for fiscal year 2009/10; and

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

 

CONDITIONAL USE PERMIT NO. 35

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

 

WHEREAS, Rodney Huntley submitted a request for a conditional use permit review and approval for the construction of a single-family residential dwelling in a Residential B zoning district at 4314 Isabella Street and 22 Huntley Lane on 1.82 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 notice is hereby given that a public hearing will be held by the City Council on August 10, 2009, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on July 24, 2009 and to publish said notice on July 25, 2009.  (Motion ADOPTED.)

 

CALTECH INDUSTRIES, INC. IFT APPLICATION

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

 

RESOLVED, that an application dated June 8, 2009 was received June 9, 2009, and that an amended application dated June 12, 2009 was received on June 12, 2009, from Caltech Industries, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities tax exemption certificate within the Dow Chemical Company Industrial Development District No. 2 (Ashman Street Area), relating to the purchase of personal property to furnish and equip additional leased office and lab space located at the MITECH+ Opportunity Center, with the project having a cost of $35,157 and being expected to retain 20 existing jobs at the facility and create 5 new jobs within two years of project completion, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, August 10, 2009, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

DONATION AND PROPOSED BUDGET AMENDMENT – DOW LIBRARY

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

 

WHEREAS, special projects have been identified by Library staff that will enhance services at the Grace A. Dow Memorial Library; and

WHEREAS, the Board of Directors of the Friends of the Grace A. Dow Memorial Library has offered to donate funding of up to $23,500 for special library projects; now therefore

RESOLVED, that City Council hereby accepts the donation of the Friends of the Library to the Grace A. Dow Memorial Library for special projects; and

RESOLVED FURTHER, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on July 27, 2009 in the Council Chambers of City Hall on the proposal to amend the 2009-2010 budget of the Grace A. Dow Memorial Library Fund to increase both revenues and expenditures by $23,500 to recognize unanticipated revenues from contributions and to appropriate funds for special projects; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and instructed to publish the appropriate notice of said public hearing in accord with Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

PROPOSED BUDGET AMENDMENT – DIAL-A-RIDE

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., July 27, 2009 in the Council Chambers of City Hall on the proposal to amend the FY 2009-10 budget of the Dial-A-Ride Fund to recognize an additional $14,166 of revenue from Federal and State grants and provide additional appropriations of $14,166 for the purchase of three replacement Dial-A-Ride buses, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

ATTORNEY & MANAGER JPR

Mayor Johnson presented the City Council’s report on the job performance review for the City Attorney and City Manager.  The following two resolutions were then presented for consideration.

 

CITY ATTORNEY JOB PERFORMANCE REVIEW

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

 

RESOLVED, that the salary of James O. Branson III, City Attorney, will not be increased; and

RESOLVED FURTHER, that the terms and conditions of the employment agreement shall be amended as follows – none.  (Motion ADOPTED.)

 

CITY MANAGER JOB PERFORMANCE REVIEW

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

 

RESOLVED, that the salary of Jon Lynch, City Manager, will not be increased; and

RESOLVED FURTHER, that the terms and conditions of the employment agreement shall be amended as follows – none.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk