October 10, 2011
A regular meeting of the City Council was
held on Monday, October 10, 2011, 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, J. Dee Brooks, Diane Brown, Maureen
Donker |
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Councilmen absent: |
Marty Wazbinski |
Approval of the minutes of the September 26,
2011 special and regular and September 27, 2011 special meetings was offered by
Councilman Brooks and seconded by Councilman Adams. (Motion ADOPTED.)
Assistant City Manager for Human Resources
Paula Whittington gave a presentation on the new City web portal. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brown:
RESOLVED, that the staff presentation on the
new City web portal called “Your City
Government…..At A Glance” launched on October 1, 2011 is accepted. (Motion ADOPTED.)
City Assessor Reid Duford presented a
revision to the resolution previously approved by City Council on May 9, 2011,
on the application from Dow AgroSciences, LLC for an industrial facilities tax
exemption certificate within The Dow Chemical Company Plant Rehabilitation
District No. 1. A public hearing opened
at 7:14 p.m., recognizing no public comments, the hearing closed at 7:14
p.m. The following resolution was then
offered by Councilman Adams and seconded by Councilman Brown:
WHEREAS, The Dow
Chemical Company Plant Rehabilitation District No. 1 was established by
resolution of the Midland City Council on September 25, 1978; and
WHEREAS, Dow
AgroSciences, LLC made an application dated March 25, 2011, which was received
by the City Clerk on March 25, 2011 for an Industrial Facilities Exemption
Certificate relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $14,000,000 which is for new real and personal property
with the same being located within The Dow Chemical Company Plant
Rehabilitation District No. 1 to utilize Building 827 at Michigan Operations
for the production of agricultural products.
The project, named SPRINT 2, will retrofit and install all necessary
process instrumentation, piping, pumps and equipment for expanded
production. The project is expected to
retain 6 jobs; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
May 9, 2011, as required by Public Act 198 of Public Acts of the State of
Michigan of 1974, as amended, and has given due consideration to all
information presented; and
WHEREAS, the
application appears to comply with the requirements set forth in Section 9 of
said statute, as amended, in that the proposed facility is located within an
industrial development district and/or plant rehabilitation district that was
duly established within the City of Midland with the City of Midland being
eligible under said statute to establish such a district and with the district
having been established upon a request before the commencement of the
restoration, replacement or construction of the facility described herein; that
the commencement of this project did not occur earlier than six months before
the filing of the application for the industrial facilities exemption
certificate, that the application relates to a construction, restoration or
replacement program that when completed constitutes a new or replacement
facility within the meaning of said statute and is situated within a previously
established industrial development district and/or plant rehabilitation
district that was established in the City of Midland which was itself eligible
under the statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in the community; and
WHEREAS, on May 9,
2011 the City Council of the City of Midland approved said application for an
Industrial Facilities Exemption certificate from Dow AgroSciences, LLC for a
new facility approval within The Dow Chemical Plant Rehabilitation District No.
1 for a period of 12 years with an ending date of December 30, 2023; and
WHEREAS, the
recently appointed State Treasurer, Andy Dillon has requested that a revised
resolution for this request for an industrial facilities exemption certificate
include an additional statement indicating the aggregate SEV of real and
personal property exempt from ad valorem taxes within the (governmental unit),
after granting this certificate, (will/will not) exceed 5% of an amount equal
to the sum of the SEV of the unit, plus the SEV of personal and real property
thus exempted; and
WHEREAS,
the aggregate SEV of real and personal property exempt from ad
valorem taxes within the City of Midland, after granting this certificate, will
exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of
personal and real property thus exempted; now therefore
RESOLVED, that the
City Council of the City of Midland finds and determines that the granting of
the industrial facilities exemption certificate requested by Dow AgroSciences,
LLC considered together with the aggregate amount of industrial facilities
exemption certificates previously granted and currently in force under PA 198
of 1974, as amended and PA 225 of 1978, as amended shall not have the effect of
substantially impeding the operation of the City of Midland or impairing the
financial soundness of any other taxing unit which levies an ad valorem
property tax in the City of Midland; and
RESOLVED FURTHER,
that said application for an Industrial Facilities Exemption certificate from
Dow AgroSciences, LLC, for a new facility approval within The Dow Chemical
Plant Rehabilitation District No. 1, be and the same is hereby approved for a
period of 12 years (after completion) with an ending date of December 30, 2023,
and that the Mayor and City Clerk are authorized to execute the Public Act 198
Agreement submitted between the City and The Dow Chemical Company, pursuant to
P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion ADOPTED.)
City Assessor Reid Duford presented a
revision to the resolution approved by City Council on June 13, 2011, on the
application received from Styron, LLC for an industrial facilities tax
exemption certificate within The Dow Chemical Company Plant Rehabilitation
District No. 1. A public hearing opened
at 7:16 p.m., recognizing no public comments, the hearing closed at 7:16
p.m. The following resolution was then
offered by Councilman Brooks and seconded by Councilman Brown:
WHEREAS, The Dow
Chemical Company Plant Rehabilitation District No. 1 was established by
resolution of the Midland City Council on September 25, 1978; and
WHEREAS, Styron,
LLC made an application dated May 17, 2011, which was received by the City
Clerk on May 17, 2011 for an Industrial Facilities Exemption Certificate
relating to approval of a new facility within said District; and
WHEREAS, the
application for the certificate is for approval of a new facility with the
total project cost of $1,130,000 which is for new personal property with the
same being located within The Dow Chemical Company Plant Rehabilitation
District No. 1 to allow installation of new equipment for the Verde-Binder
Preparation Project, which will utilize raw material in Styron’s Midland Latex
Plant. The project is expected to retain
1-2 existing jobs upon completion; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
June 13, 2011, as required by Public Act 198 of Public Acts of the State of
Michigan of 1974, as amended, and has given due consideration to all
information presented; and
WHEREAS, the
application appears to comply with the requirements set forth in Section 9 of
said statute, as amended, in that the proposed facility is located within an
industrial development district and/or plant rehabilitation district that was
duly established within the City of Midland with the City of Midland being
eligible under said statute to establish such a district and with the district
having been established upon a request before the commencement of the
restoration, replacement or construction of the facility described herein; that
the commencement of this project did not occur earlier than six months before
the filing of the application for the industrial facilities exemption
certificate, that the application relates to a construction, restoration or
replacement program that when completed constitutes a new or replacement
facility within the meaning of said statute and is situated within a previously
established industrial development district and/or plant rehabilitation
district that was established in the City of Midland which was itself eligible
under the statute to establish the district; that completion of the facility is
calculated to, and will at the time of the issuance of the certificate, have
the reasonable likelihood to create employment, retain employment, prevent a
loss of employment or produce energy in the community; and
WHEREAS, on June
13, 2011 the City Council of the City of Midland approved said application for
an Industrial Facilities Exemption certificate from Styron, LLC for a new
facility approval within The Dow Chemical Plant Rehabilitation District No. 1
for a period of 12 years with an ending date of December 30, 2023; and
WHEREAS, the
recently appointed State Treasurer, Andy Dillon has requested that a revised
resolution for this request for an industrial facilities exemption certificate
include an additional statement indicating the aggregate SEV of real and
personal property exempt from ad valorem taxes within the (governmental unit),
after granting this certificate, (will/will not) exceed 5% of an amount equal
to the sum of the SEV of the unit, plus the SEV of personal and real property
thus exempted; and
WHEREAS,
the aggregate SEV of real and personal property exempt from ad
valorem taxes within the City of Midland, after granting this certificate, will
exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of
personal and real property thus exempted; now therefore
RESOLVED, that the
City Council of the City of Midland finds and determines that the granting of
the industrial facilities exemption certificate requested by Styron, LLC
considered together with the aggregate amount of industrial facilities
exemption certificates previously granted and currently in force under PA 198
of 1974, as amended and PA 225 of 1978, as amended shall not have the effect of
substantially impeding the operation of the City of Midland or impairing the
financial soundness of any other taxing unit which levies an ad valorem
property tax in the City of Midland; and
RESOLVED FURTHER,
that said application for an Industrial Facilities Exemption certificate from
Styron, LLC for a new facility approval within The Dow Chemical Plant
Rehabilitation District No. 1, be and the same is hereby approved for a period
of 12 years with an ending date of December 30, 2023, and that the Mayor and
City Clerk are authorized to execute the Public Act 198 Agreement submitted
between the City and Styron, LLC, pursuant to P.A. 334 of Public Acts of the
State of Michigan of 1993. (Motion
ADOPTED.)
City Assessor Reid Duford presented a
revision to the resolution previously approved by City Council on June 13,
2011, on the application from Styron, LLC for the transfer of an industrial
facilities tax exemption certificate within The Dow Chemical Company Plant
Rehabilitation District No. 1. A public
hearing opened at 7:18 p.m., recognizing no public comments, the hearing closed
at 7:18 p.m. The following resolution
was then offered by Councilman Adams and seconded by Councilman Brown:
WHEREAS, The Dow Chemical Company was issued Industrial Facilities Exemption Certificate No. 2008-532 which has a real property component of -0- and a personal property component of $4,500,000; and
WHEREAS, The Dow Chemical Company Industrial Facilities Exemption Certificate No. 2008-532 is located within The Dow Chemical Company Plant Rehabilitation District No.1, established September 25, 1978; and
WHEREAS, Styron, LLC requested the City Council to approve a transfer of certificate No. 2008-532 from The Dow Chemical Company to Styron, LLC, as a result of the June 17, 2010, sale of the personal property component of $4,500,000 that will remain at the existing location, MI OP’s 433-B Building, Midland, Michigan; and
WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on June 13, 2011, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and
WHEREAS, the City Council of the City of Midland approved the transfer of Industrial Facilities Exemption Certificate No. 2008-532 from The Dow Chemical Company to Styron, LLC at the public hearing held on June 13, 2011 for the remaining years left on the certificate that is due to expire December 30, 2021, located at the MI OP’s 433-B Building, Midland, Michigan, within The Dow Chemical Plant Rehabilitation District No. 1, established September 25, 1978; and
WHEREAS, the recently appointed
State Treasurer, Andy Dillon has requested that a revised resolution for this Industrial
Facilities Exemption Certificate No. 2008-532 transfer include an additional
statement indicating the aggregate SEV of real and
personal property exempt from ad valorem taxes within the (governmental unit),
after granting this certificate, (will/will not) exceed 5% of an amount equal
to the sum of the SEV of the unit, plus the SEV of personal and real property
thus exempted; and
WHEREAS, the
aggregate SEV of real and personal property exempt from ad valorem taxes within
the City of Midland, after granting this certificate, will exceed 5% of an
amount equal to the sum of the SEV of the unit, plus the SEV of personal and
real property thus exempted; now therefore
RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the transfer of the industrial facilities exemption certificate requested by Styron, LLC, considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and
RESOLVED FURTHER, that said application for a transfer of an industrial facilities exemption certificate from the Styron, LLC, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for the remaining years with an ending date of December 30, 2021; and that the City Council of the City of Midland does hereby request the State Tax Commission to issue a transfer of certificate No. 2008-532 to Styron, LLC based on the June 17, 2010, sale of equipment from The Dow Chemical Company to Styron, LLC. (Motion ADOPTED.)
No public comments were made.
City Fire Marshal Chris Coughlin presented information on ordinances to amend Fire Department Fines, Fees and Penalties. The following three ordinance amendments were then presented for consideration.
Introduction and first reading of the
following ordinance amending Article I and Article II – Uniform Fire Code of
Chapter 8 and repealing Sections 8-3 and 8-4 of Article I and Section 8-11 of
Article II of Chapter 8 was offered by Councilman Adams and seconded by
Councilman Brooks:
ORDINANCE NO. _______
An ordinance to
amend the Code of Ordinances of the City Of Midland, Michigan, by AMENDING
article i and article ii and REPEALING SECTIONS 8-3 AND 8-4 OF ARTICLE I AND
SECTION 8-11 OF ARTICLE II of Chapter 8 thereof.
The City of Midland Ordains:
Section 1. Sections 8-3 and 8-4 of Article I and
Section 8-11 of Article II are hereby repealed and Article I and Article II of
Chapter 8 are hereby amended to read as follows:
ARTICLE I
UNIFORM FIRE CODE
INTERNATIONAL FIRE
CODE
Sec. 8-1. Adopted.
The Uniform Fire
Code, published by the International Fire Code Institute, a copy of which is on
file in the office of the city clerk, is hereby adopted as the city fire code
and made a part of this chapter as if fully set out herein, except such
portions as are amended or deleted by the provisions of this chapter.
Sec. 8-1. Amendments to the International Fire Code
adopted.
The International
Fire Code and its future amendments were adopted on July 23, 2001 through the
Michigan Building Code Section 5-5 OF ARTICLE ii OF CHAPTER 5 of the City of
Midland Code of Ordinances. Article I of
this chapter sets out the International Fire Code Local Amendments. The numbering of Article I subsections
conforms with the sections of the International Fire
Code being amended for local regulation, compliance and enforcement.
Sec. 8-2. Prosecution
previous to effective date.
Any prosecution
arising from a violation of any ordinance or section of an ordinance repealed
or amended in this chapter, which prosecution may be pending on January 13,
1997, or any prosecution which may be started within one (1) year after January
13, 1997, in consequence of any violation of any ordinance or section of an
ordinance repealed or amended in this chapter, which violation was committed
previous to January 13, 1997, shall be tried and determined exactly as if such
ordinance or section of an ordinance had not be appealed or amended.
Section 8-2. Changes in code.
The following
sections and subsections of the International Fire Code are herby amended or
deleted as set forth and additional sections and subsections are added as
indicated in this section. Subsequent
section numbers used in this section shall refer to the like numbered sections
of the International Fire Code.
Sec. 101.1 Title. Section amended to read as
follows:
Sec. 101.1 Title.
These following regulations shall be known as the International Fire
Code Local Amendments along with the International Fire Code, hereinafter
referred to as “this code”.
Sec. 102.6 Referenced Codes and Standards. Section amended to read as
follows:
Sec. 102.6 Referenced Codes and Standards.
The codes and standards referenced in this code shall be those that
are listed in Chapter 45 of the International Fire Code and such codes and
standards shall be considered part of the requirements of this code to the
prescribed extent of each such reference.
Where differences occur between the provisions of this code and the
referenced standards, the provisions which establish the higher standard for
the promotion of the safety and welfare of the public, and the protection of
the public, or as otherwise determined by State of Michigan law, shall apply.
Sec. 103.1 General. Section amended to
read as follows:
Sec. 103.1 General.
The fire department shall be responsible for fire control and
suppression, fire prevention education, fire safety inspections and fire code
enforcement of buildings and occupancies as related to the risk of fire,
explosion or hazards related to materials storage and handling within the city
of Midland. The Fire Prevention Division
is established under the direction of the fire code official and shall be
comprised of the Fire Marshal, its designee and/or others it deems necessary. The function of the division shall be the
implementation, administration and enforcement of the provisions of this
code. The division shall be tasked with
reducing community fire risk through proactive measures, including education,
fire safety inspections, plan review and code enforcement. The division shall operate under the
supervision of the Fire Marshal as directed by the Fire Chief.
Sec. 104.2.1 Inspections. After Section
104.2, add Section 104.2.1 as follows:
Sec. 104.2.1 Inspections.
The fire department is authorized to assess fire safety
RE-inspection fees as established in chapter 21 of the Code of Ordinances.
Sec. 104.2.2 Services. After Section 104.2.1, add
Section 104.2.2 as follows:
Sec. 104.2.2
Services.
The fire department is authorized to assess fees for services
provided as established in chapter 21 of the Code of Ordinances. Services
include, but are not limited to emergency responses, standby at downed power
lines, standby at events, and training provided.
Sec.
105.1.2 Types of Permits. Section amended to read as
follows:
Sec. 105.1.2
Types of Permits.
There shall be three (3) types of permits as follows:
1.
Operational Permit. An operational permit allows the applicant to
conduct an operation or business for which a permit is required by Section
105.6 for either:
A. A
prescribed period of time; or
B. Until
renewed or revoked.
2. Construction
Permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is
required by Section 105.7.
3.
Occupancy Permit. An
occupancy permit allows the applicant to occupy existing premises for the
purpose of conducting or operating a business for which a permit is required by
Section 105.8 or for any residential use or purpose.
Sec.
105.6 Required Operational
Permits. Section
amended to read as follows:
Sec. 105.6
Required Operational Permits.
The fire code official is authorized to issue operational permits
for operations set forth in Sections 105.6.1 through 105.6.46.
Sec.
105.6.13 Special Events. Section amended to read as
follows:
Sec. 105.6.13
Special Events.
An operational permit is required to operate/conduct all special
events, as defined in the Zoning Ordinance, including exhibits, crafts, and
trade shows.
Sec.
105.6.13.1 Permit Fee. After Section 105.6.13, add
Section 105.6.13.1 as follows:
Sec. 105.6.13.1
Permit Fee.
Permit fees shall be established in chapter 21 of the Code of
Ordinances.
Sec.
105.6.14.1 Fireworks. After Section 105.6.13.1,
add Section 105.6.14.1 as follows:
Sec. 105.6.14.1
Fireworks.
An operational permit is required for the public display and retail
display and sale of fireworks. Application for permits shall be made in writing
at least fifteen (15) days in advance of the date of the public display, retail
display or sale of fireworks. The sale, possession, and distribution of
fireworks for such display shall be lawful under the terms and conditions
approved with the permit and for only that purpose and must fully comply with
local, state and federal regulations. A permit granted hereunder shall not be
transferable nor shall any such permit be extended beyond the time set forth
therein unless approved by the fire code official.
Sec.
105.6.14.2 Permit Fee. After Section 105.6.14.1,
add Section 105.6.14.2 as follows:
Sec. 105.6.14.2
Permit Fee.
Permit fees shall be established in chapter 21 of the Code of
Ordinances.
Sec.
105.6.20 Hazardous
Materials. Section amended to read as follows:
Sec. 105.6.20
Hazardous Materials.
An operational permit is required to store, transport on site,
dispense, use or handle hazardous materials, as defined by the National Fire
Protection Association, in excess of the most restrictive amounts listed in the
this code, the EPA’s Emergency Planning and Community Right To Know
regulations, and MIOSHA’s Firefighter Right To Know regulations.
Sec.
105.6.20.1 Required amounts for
reporting. After
Section 105.6.20, add Section 105.6.20.1 as follows:
Sec. 105.6.20.1
Required amounts for reporting.
Reportable quantities shall be considered the maximum amount of
hazardous material on site at any given time.
This amount shall be reported to the fire department in accordance with
SARA Title III requirements.
Sec.
105.6.20.2 Permit Fees. After Section
105.6.20.1, add Section 105.6.20.2 as follows:
Sec. 105.6.20.2
Permit Fees.
Permit fees shall be established in chapter 21 of the Code of
Ordinances.
Sec.
105.7.1.1 Installations. After Section
105.7.1, add Section 105.7.1.1 as follows:
Sec. 105.7.1.1
Installations.
Before any fire alarm, detection, control or suppression system is
installed, expanded or modified in any way, a permit shall be obtained from the
fire code official. This shall include
any components connected to or controlled by the aforementioned systems. All work shall be performed by a qualified,
properly licensed and/or certified installer, whose credentials shall be made
available for examination by the fire code official on demand. Construction documents shall be reviewed and
approved by the fire code official prior to issuance of the permit. Upon issuance, the permit shall be posted at
the job site, both residential and commercial, in plain view. The fire code official is authorized to
require construction documents in hard copy, a suitable electronic format, or
both.
Sec. 105.7.1.2
Permit Fees. After Section 105.7.1.1, add Section
105.7.1.2 as follows:
Sec. 105.7.1.2
Permit Fees.
Permit fees shall be established in chapter 21 of the Code of Ordinances.
Sec.
105.7.3.1 Installations. After Section 105.7.3, add
Section 105.7.3.1 as follows:
Sec. 105.7.3.1
Installations.
Before any fire alarm or detection system is installed, expanded or
modified in any way, a permit shall be obtained from the fire code
official. This shall include any
components connected to or controlled by the aforementioned systems. All work shall be performed by a qualified,
properly licensed and/or certified installer, whose credentials shall be made
available for examination by the fire code official on demand. Construction documents shall be reviewed and
approved by the fire code official prior to issuance of the permit. Upon issuance, the permit shall be posted at
the job site, both residential and commercial, in plain view. The fire code official is authorized to
require construction documents in hard copy, a suitable electronic format, or
both.
Sec.
105.7.14 Permit Issuance. After Section 105.7.13, add
Section 105.7.14 as follows:
Sec. 105.7.14
Permit Issuance.
A permit granted hereunder shall not be transferable nor shall any
permit be extended beyond the time set forth therein unless approved, in
writing, by the fire code official. When
work is started without a permit, the permit fee shall be doubled.
Sec. 105.8 Required Occupancy Permit. After Section
105.7.14, add Section 105.8 as follows:
Sec. 105.8
Required Occupancy Permit.
The fire code official is authorized to issue or approve an
occupancy permit for a business or residential use or purpose as set forth in
Section 105.8.1 through 105.8.5.
Sec.
105.8.1 Use Group. After Section 105.8, add
Section 105.8.1 as follows:
Sec. 105.8.1
Use Group.
An occupancy permit is required for Use Groups A, B, F, H, I, M, R1,
R2, R4, S and U.
Sec.
105.8.2 Inventory Statement. After Section 105.8.1, add
Section 105.8.2 as follows:
Sec. 105.8.2
Inventory Statement.
An inventory statement for the intended business shall be provided
to the fire code official on request, prior to issuance of the occupancy permit. Inventory statements shall list products or
commodities to be used, stored or produced on the premises, along with
associated documentation as required by the fire code official.
Sec.
105.8.2.1 Hazardous Materials
Inventory Statement. After Section 105.8.2, add Section 105.8.2.1
as follows:
Sec. 105.8.2.1
Hazardous Materials Inventory Statement.
Where required by the fire code official, each application for a
permit shall include a Hazardous Materials Inventory Statement (HMIS) in
accordance with Section 2701.5.2.
Sec.
105.8.3 Permit Application. After Section 105.8.2.1, add
Section 105.8.3 as follows:
Sec. 105.8.3
Permit Application.
An occupancy permit application shall be filed with the fire code
official prior to occupancy. The fire
code official shall review the application, inventory statement (where
required), and any associated documentation, and conduct any necessary
inspections and meetings before an occupancy permit is issued in conjunction
with the building department.
Sec. 105.8.4 Site and Building Preparation. After Section 105.8.3, add
Section 105.8.4 as follows:
Sec. 105.8.4.
Site and Building Preparation.
As part of the occupancy permit, the intended occupancy shall meet
the following requirements:
Sec.
105.8.5 Notification of Changes. After Section 105.8.4, add
Section 105.8.5 as follows:
Sec. 105.8.5
Notification of Changes.
Changes in occupancy or use shall be made to, and approved by the
fire code official before such changes occur.
Any and all sections,
terms, provisions and/or clauses herein shall be deemed independent and
severable. Should any court of competent jurisdiction hold any section, term or
provision or clause void and/or invalid, all remaining sections, terms,
provisions and/or clauses not held void and/or invalid shall continue in force
and effect.
All ordinances or
parts thereof in conflict herewith are hereby repealed and shall be of no
further force and effect.
Secs. 8-5– 8-9.
Reserved.
ARTICLE
II.
AMENDMENTS AND PENALTY
INTERNATIONAL FIRE CODE BOARD OF APPEALS
Sec. 8-10.
Amendments.
The following
sections of the fire code adopted by section 8-1 are hereby amended, deleted,
modified, substituted for or added to as herein set forth. Section numbers or
other references used in this section refer to the sections or other references
of the fire code adopted by section 8-1.
Section 101.7.
Severability. Section added to read as follows:
Section 101.7.
Industrial exemption. Any industrial firm which maintains a fire brigade shall
be exempt from the notice, reporting, permit, approval and certification
provisions of this code for conditions protected by the fire brigade, but shall
be subject to all other requirements of this code.
Section 103.1.4.
Appeals. Section amended to read as follows:
The building board of
appeals, created in section 5-27 of the Code of Ordinances, shall serve as the
appeal body for this code, with the same power and duties granted to it in
relation to the city's building code; except, however, when used in section
5-27 of the Code of Ordinances, the phrases "this article" or
"the article" shall mean Chapter 8 of the Code of Ordinances;
"chief building inspector" shall mean "fire chief"; and
"building code" shall mean "uniform fire code".
Section 103.4.4.
Citations. Section is hereby repealed.
Section 105.8 Permits
required. Section amended to read as follows:
All permits in this
section except "p.3 Pyrotechnic special effects material" and
"t.1 Tents, Canopies and Temporary membrane structures", are deleted.
Section 207-F. The
following definitions are hereby added to this section, after the definition
for "fire barrier":
Fire brigade shall
mean only regular, organized and trained industrial groups charged with the
full-time responsibility of providing fire suppression.
Fireworks shall be
defined to include and exclude all devices described in Section 243a of the
Michigan Penal Code. (MCLA 750.243a; MSA 28.440(1).)
Section 211-J. The
following definition is hereby amended to read as follows:
Jurisdiction means
the City of Midland, Michigan.
Section 7801.1.
Scope. Section amended to read as follows:
Notwithstanding any
of the provisions of this article, in the event of any conflict between any of
said provisions and statutes of the State of Michigan regulating fireworks, the
latter shall control. In addition to the foregoing, nothing in this article
shall be construed to prohibit the use of fireworks by railroads or other
transportation agencies for signal purposes of illumination, or the sale or use
of blank cartridges for a show or theater, or for signal or ceremonial purposes
in athletics or sports or for use by military organizations.
Article 79. Flammable
and combustible liquids. Section amended to read as follows:
This article is
deleted, except for Section 7904.6.5 Parking.
Appendix I-C,
Stairway identification. Appendix is hereby adopted and amended as follows:
Section 2. General.
Standardized signs shall be provided in new buildings which are seven (7) or
more stories in height. Such signs shall be installed in stairways to identify
each stair landing and indicate the upper and lower termination of the
stairway.
Appendix III-A,
Fire-flow requirements for buildings. Appendix is hereby adopted.
Appendix III-B, Fire
hydrant locations and distribution. Appendix is hereby adopted.
Appendix III-C,
Testing automatic sprinkler and standpipe systems. Appendix is hereby adopted.
Appendix V-A,
Nationally recognized standards of good practice. Appendix is hereby adopted.
Appendix VI-A,
Hazardous materials classifications. Appendix is hereby adopted.
Appendix VI-D,
Reference tables from the uniform building code. Appendix is hereby adopted.
SEC. 8-10.
INTERNATIONAL FIRE CODE BOARD OF APPEALS
Sec. 108.1 Board of Appeals. Section amended to read as follows:
Sec. 108.1 Board of Appeals.
In order to hear and
decide appeals of orders, decisions or determinations made by the fire code
official relative to the application and interpretation of this code, there
shall be and is hereby created a board of appeals.
Sec. 108.1.1 Creation of; appointment. After Section 108.1, add Section 108.1.1 as
follows:
Sec. 108.1.1 Creation of; appointment.
There is hereby
established a fire board of appeals, hereinafter referred to as the board,
which shall consist of four (4) members appointed by the city council. The fire code official shall serve as AN
EX-OFFICIO member of said board AND shall have no vote on any matter before the
board. The remaining three (3) members
of the board shall consist of members who are qualified by experience and
training to pass on matters pertaining to hazards of fire, explosions,
hazardous conditions or fire protection systems and are not employees of the
city.
Sec. 108.1.2
Term of Office. After Section 108.1.1, add
Section 108.1.2 as follows:
Sec. 108.1.2 Term of Office.
The term of office for
members of the board shall be for three (3) years FROM MARCH 1, 2012, OR UNTIL
the SUCCESSOR TO ANY MEMBERS SHALL TAKE OFFICE, EXCEPT THAT FOR THE INITIAL
TERM THE TERMS OF THE MEMBERS SHALL BE ADJUSTED SO that THe TERM OF ONE (1)
MEMBER SHALL EXPIRE ON JUNE 30, 2012, THE TERM OF ONE (1) MEMBER Shall expire
on june 30, 2013, and the term of one (1) member shall expire on june 30,
2015. the term of the fire code official
shall be for the tenure in office.
Sec. 108.1.3
Internal Management. After Section 108.1.2, add
Section 108.1.3 as follows:
Sec. 108.1.3 Internal
Management.
The board shall elect its
own chairman and adopt its own rules of procedures for conducting its
business. The fire code official shall
serve as permanent secretary for the board.
All meetings shall be open to the public and operate under the Open
Meetings Act (Act 267 of 1976) and shall follow Roberts Rules of Order
as a guideline. The board shall keep a
record of its proceedings, showing the action of the board and the vote of each
member upon each appeal considered. The
board shall render all decisions and findings in writing to the appellant with
a duplicate copy to the fire code official.
three voting members of the board shall constitute a quorum.
Sec. 108.1.4 Removing from office; filling vacancies. After Section 108.1.3, add Section 108.1.4 as
follows:
Sec. 108.1.4 Removing from
office; filling vacancies.
Members of the board may
be removed by the city council for inefficiency, neglect of duty, or
malfeasance in office. Vacancies
occurring otherwise than through the expiration of a term in office shall be
filled for the unexpired term by the city council.
Sec. 108.1.5 Members to serve without compensation. After Section 108.1.4,
add Section 108.1.5 as follows:
Sec. 108.1.5 Members to serve
without compensation.
All members of the board
shall serve without compensation.
Sec. 108.1.6
Liability of board and individual members. After Section 108.1.5, add Section 108.1.6 as
follows:
Sec. 108.1.6 Liability of board and individual
members.
In no case shall the board
or any members thereof be liable for costs in any action or proceeding that may
be commenced in pursuance of the provisions of this code.
Sec. 108.1.7 Limitations on authority. After Section 108.1.6, add Section 108.1.7 as
follows:
Sec.
108.1.7 Limitations on authority.
An application for appeal
shall be based on a claim that the intent of this code has been incorrectly
interpreted, the provisions of this code do not fully apply, or an equivalent
method of protection or safety is proposed.
The board shall have no authority to waive requirements of this code.
Sec. 108.1.8
Submitting an appeal. After Section 108.1.7, add
Section 108.1.8 as follows:
Sec. 108.1.8 Submitting an
appeal.
An application for appeal
must be submitted, in writing, within ten (10) business days of the date of
issuance of the fire code official’s issuance of order, infraction or other
notice. Said appeal must include the
name and all contact information; copy of the order, infraction or other notice;
grounds for appeal; and, remedies sought.
Sec. 109.3
Violation Penalties. Section amended to read as
follows:
Sec. 109.3 Violation Penalties.
Persons who shall violate
any provision of this code or shall fail to comply with any requirements thereof
or who shall erect, install, alter, repair, service, test or do work in
violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this code,
shall be responsible for a municipal civil infraction. Upon conviction of such infraction, such
person shall be punished as provided in chapter 34 and fined according to
chapter 21 of the Code of Ordinances.
The imposition of one (1) municipal civil infraction fine for any violation
shall not excuse the violation or permit to continue and all such persons shall
be required to correct or remedy such violation or defects. Every day of noncompliance shall be deemed a
separate violation.
Sec. 8-11. Penalties.
(a) Any person who
shall violate any of the provisions of this Code hereby adopted or fail to
comply therewith, or who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate
or permit issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by the board of
appeals or by a court of competent jurisdiction within the time fixed herein
shall severally for each and every such violation and noncompliance
respectively, be responsible for a municipal civil infraction. Upon conviction
of such violation, such person shall be punished as provided in Chapter 34 and fined
according to Section 21-91 of Chapter 21 of the Code of Ordinances. The
imposition of one (1) municipal civil infraction fine for any violation shall
not excuse the violation or permit it to continue and all such persons shall be
required to correct or remedy such violations or defects within a reasonable
time. When not otherwise specified, each ten (10) days that prohibited
conditions continue shall constitute a separate offense.
Section 2.
This Ordinance shall take effect on March 1, 2012. (Motion ADOPTED. Considered first reading.)
Midland
Area Chamber of Commerce President and CEO Sid Allen spoke in support of the
Fire Department Service Fees. Introduction
and first reading of the following ordinance amending Chapter 21 by creating
Article XIII – Fire Department Service Fees was offered by Councilman Brooks
and seconded by Councilman Adams:
ORDINANCE
NO. ________
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, By adding a new article, which new
article shall be designated as article xiii of Chapter 21 THEREOF.
The City of Midland Ordains:
Section 1. Article XIII
of Chapter 21 is hereby created to read as follows:
ARTICLE
XIII.
FIRE
DEPARTMENT SERVICE FEES
Sec.
21-165. Fire department service fees.
Fees for services provided by the City of Midland
Fire Department in accordance with Chapter 8 of the Code Ordinances shall be as
outlined in Article XIII. For purposes
of this section, “after hours” shall be defined as hours outside of normal Fire
Prevention Division hours of operation.
1. Annual and
semi-annual fire safety inspections will be performed at no charge.
2.
1st re-inspection $50.00
3.
2nd
and all subsequent re-inspections $100.00 each
sec. 21-166.
THIRD PARTY INSPECTIONS
Third party inspections by NFPA or State of Michigan
certified inspectors may be accepted at the discretion of the Midland Fire
Department.
SEC. 21-167.
OCCUPANCY INSPECTIONS
Certificate
of Occupancy and Change of Occupancy inspections which include temporary
certificates of occupancy as well as one (1) re-inspection.
1. Ultra low hazard........ $100.00
2. Low hazard...................... $150.00
3. Moderate hazard......... $575.00
4. High hazard..................... $975.00
5. Hotels/motels and
nursing homes/assisted living facilities $95.00
per building, plus $5.75 per room
SEC. 21-168.
ACCEPTANCE TESTING & TEMPORARY USE PERMITS
1. AN ADDITIONAL Flat
fee of $50.00 will be charged for all requested after hour.
2. acceptance testing/inspections.
A. Complaints........................................................................... $50.00
B. life safety
complaints................................................. $150.00
C. Hot work operations..................................................... $50.00
D. Fireworks displays.......................................................... $95.00
E. Blasting................................................................................. $95.00
F. Sprinkler system
testing........................................... $150.00
G. Fire pump testing............................................................ $150.00
H. Fire alarm testing.......................................................... $150.00
I. Commercial range hood
suppression systems (acceptance testing).................................................................................................. $100.00
J. Clean agent system
(acceptance testing)........ $100.00
per
unit and per test
K. Smoke control systems
(acceptance testing) $100.00 per
system and per test
L. Kiosk
displays/booths/concession stands......... $50.00
M. Mall displays....................................................................... $65.00
N. Tents and other
temporary membrane structures over 200 square feet........................................................................................ $125.00
(includes permit)
O. Places of assembly
(event)......................................... $50.00
P. Exhibits and trade
shows............................................. $50.00
Q. Open flame..........................................................................
$50.00
sec. 21-169.
plan review fees
A. Sprinkler systems
(including foam systems).... $0.08
per square foot of building area with $250.00 minimum
B. Fire pumps......... $200 (not included in
sprinkler plan review fee)
C. Stand pipe.......... $200.00 (combination stand
pipe and riser plans shall be reviewed under the sprinkler system schedule)
D. Commercial range hood
systems....... $150.00; additional
systems reviewed at the same time and for the same building $100.00
E. Clean agent, carbon
dioxide or other similar systems $150.00
F. Fire alarm/detection
systems.............. $90.00 per
hour, one (1) hour minimum
G. Building life safety..................................... $90.00
per hour, one (1) hour minimum
H. Flammable,
combustible liquids and compressed gas storage $90.00
per hour, one (1) hour minimum
I. Spectator seating
review...................... 1 to
1,000 seats $200.00; over 1,000 seats shall be $200.00 plus $20.00 for each
additional 20 seats
Sec.
21-170. Cost recovery operating costs.
Hourly unit operating rate
of equipment, materials and personnel as established by the Fire Chief,
including but not limited to:
(1) Special
events.
(2)
Specialized professional services for emergency response needs as deemed
required by the Fire Chief or its
designee.
(3) Training
provided.
Section 2.
This Ordinance shall take effect March 1, 2012. (Motion
ADOPTED. Considered first reading.)
Introduction and first reading of
the following ordinance amending Section 34-5 – Municipal Civil Infractions was
offered by Councilman Brown and seconded by Councilman Adams:
ORDINANCE NO.
________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE
CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.
The
City of Midland Ordains:
Section
1. Sec. 34-5 is hereby amended as
follows:
Sec.
34-5. Municipal Civil Infractions.
A violation of any
of the following provisions of the City of Midland Code of Ordinances shall be
a municipal civil infraction:
(1) Chapter 8, International Uniform Fire Code.
(2) The city zoning ordinance.
(3) Chapter 29, Stormwater Runoff
Regulation and Control.
(4) Section
22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.
(5) Article VI of Chapter 15,
Telecommunications.
(6) Article IV, Chapter 22, Addresses.
(7) Article V, Chapter 5, Soil Erosion and
Sedimentation Control.
(8) Rules and Regulations of the Jack
Barstow Municipal Airport.
(9) Cemetery
Rules.
(10) Article
I of Chapter 26, Weeds.
(11) Article
III of Chapter 3.
Section 2. This Ordinance shall take effect March 1,
2012. (Motion ADOPTED. Considered first reading.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that the attached Easement Agreement from Meijer, Inc., to
the City of Midland, for public sanitary sewers on their private Meijer Store
site on Eastman Avenue in Section 33, T. 15 N., R. 2 E., is hereby accepted and
that the Easement Agreement is ordered recorded. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the Final Plat of Countryside Estates No. 4 is in conformance
with the approved Preliminary Plat, and all requirements of Chapter 23 of the
Code of Ordinances of the City of Midland have been met; now therefore
RESOLVED, that the City Council does hereby approve the Final Plat of Countryside
Estates No. 4, in accordance with Section 23-18 of the Code of Ordinances of
the City of Midland; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to
execute the contract for the required improvements; and
RESOLVED FURTHER, that the City Clerk is hereby authorized to execute
the plat and record it on behalf of the City.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
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,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; 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 E10 ethanol blend unleaded fuel
from Hirschman Oil of Reese, Michigan for $38,431.20 executed by the Purchasing
Agent on September 13, 2011, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
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,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; 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 12,800 gallons of regular #2 diesel fuel from
Karbowski Oil of Bay City, Michigan for $38,361.60 executed by the Purchasing
Agent on September 28, 2011, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
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 an accessible play structure for Grove Park, Bid
No. 3376; and
WHEREAS, the FY 2011-12 General Fund was
amended by City Council on September 26, 2011 to recognize a Community
Development Block Grant to be used for the purchase of the play equipment; now
therefore
RESOLVED, that the bid meeting City
specifications submitted by Miracle Recreation of Okemos, Michigan for the
purchase of an accessible play structure is hereby accepted; and
RESOLVED FURTHER, that the City Purchasing
Agent is authorized to issue a purchase order to Miracle Recreation in the
amount of $38,827.70 in accord with this resolution, the proposal selected and
City specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
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 Carbide
Cutting Blades, Bid No. 3374; and
WHEREAS,
funding for the cutting blades is included in the FY2011/12 Major and Local
Street fund budgets for snow and ice control; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Valk Manufacturing of New Kingston,
Pennsylvania in the amount of $22,961.60 for the purchase of carbide cutting
blades for use in winter snow plowing operations, in accordance with the
proposal and city specifications.
(Motion ADOPTED.)
Donna Trampel, 1801 Norwood Drive, requested
the public hearing on Conditional Use Permit No. 41 – to consider a request
from DeShano Construction Company for a 49 unit 3 story senior multiple family
apartment building located at 5510 Eastman Avenue in an Office Service Zoning
District on 2.42 acres be postponed until January so the neighborhood could
fully prepare and inform themselves on the issue. Dan Devine, 1412 Brentwood, spoke in favor of
postponing the public hearing. The
following resolution was then offered by Councilman Brooks and seconded by
Councilman Adams:
WHEREAS, DeShano
Construction Company submitted a request for a conditional land use permit for
a 49 unit 3-story senior multiple family apartment building located at 5510
Eastman Avenue in an Office Service zoning district on 2.42 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
RESOLVED, that
notice is hereby given that a public hearing will be held by the City Council
on November 21, 2011, 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 by
November 4, 2011 and to publish said notice on November 5, 2011. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City of Midland has adopted a “Complete Streets” policy, a
term given to streets that accommodate all forms of travel; including
automobiles, bicycles, pedestrians, personal mobility devices, transit and
freight in a safe environment on designated City streets; and
WHEREAS, the City of Midland has also adopted a Master Street Plan
which proposes a network of streets with design features that will accommodate
pedestrians and vehicular movement and includes a bicycle plan that
specifically defines proposed trails, on-street bike lanes and bike routes; and
WHEREAS, the Non-Motorized Transportation Advisory
Committee has recommended installation of a dedicated bike lane on both sides
of Swede Avenue between East Wackerly Street and East Patrick Road with limited
parking restrictions; and
WHEREAS, a significant amount of input and
information has been presented by staff, the city’s traffic engineering
consultant, the Non-Motorized Transportation Advisory Committee, and members of
the public; and
WHEREAS,
the City of Midland Planning Commission, at its meeting on September 27,
2011, acted to recommend to City Council the installation of a dedicated bike
lane with restricted parking by a 5-3 vote; now therefore
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on November 14, 2011, at 7:00
p.m. in the Council Chambers, City Hall, for the purpose of considering the
recommendation for installation of a dedicated bike lane on Swede Avenue with
parking restrictions; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to notify adjacent property owners on Swede Avenue by
transmitting notice by October 28, 2011 and to publish said notice on October
29, 2011. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City of Midland desires to amend the Urban Cooperation Act Agreement between the City of Midland and the Charter Township of Larkin dated June 24, 1991 in order to extend the expiration date to December 31 of the year of the twentieth (20th) payment of shared revenue generated from the last remaining parcel annexed to the City within the Midland Urban Growth Area; and
WHEREAS, the Urban Cooperation Act (Public Act 7 of the Public Acts of the State of Michigan of 1967 (Ex Sess)) requires that a public hearing be held prior to approval of an agreement that provides for the sharing of revenue between the parties; now therefore
RESOLVED, that a public hearing shall be held before the City Council on Monday, October 24, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth St., Midland, Michigan, and the City Clerk is hereby authorized and instructed to publish the appropriate notice in accord with the Urban Cooperation Act. (Motion ADOPTED.)
City Council held a discussion on the job
performance reviews and presented the following two resolutions for
consideration adjusting the annual compensation for the City Attorney James O.
Branson and City Manager Jon Lynch.
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
RESOLVED, that James O. Branson III, City Attorney is to be paid a one-time lump sum merit increase of $1,830.52; and
RESOLVED FURTHER, that Mr. Branson be issued a one-time, lump-sum longevity payment of $7,251.00 to correct an omission and that an administrative correction be made to add five years of longevity to Mr. Branson’s employment with the city, capping his longevity at the corrected rate of 6.5%; and
RESOLVED FURTHER, that it become part of Mr. Branson’s employment with the city that a performance evaluation be provided prior to July 1 of each year; and
RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and
RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of James O. Branson III incorporating this and previous Council amendments once approved by the Director of Human Resources as well as James O. Branson III. (Motion ADOPTED.)
The following resolution was offered by
Councilman Donker and seconded by Councilman Adams:
RESOLVED, that Jon Lynch, City Manager is to be paid a one-time lump sum merit increase of $2,590.64; and
RESOLVED FURTHER, Mr. Lynch be provided up to $500 annually for dues and expenses related to his participation in events and civic organizations pertaining to the community; and
RESOLVED FURTHER, that it become part of Mr. Lynch’s employment with the city that a performance evaluation be provided prior to July 1 of each year; and
RESOLVED FURTHER, that all other terms and conditions of the employment agreement shall remain in effect; and
RESOLVED FURTHER, that City Council authorizes the Mayor and City Clerk to execute an addendum to the employment agreement of Jon Lynch incorporating this and previous Council amendments once approved by the Director of Human Resources as well as Jon Lynch. (Motion ADOPTED.)
Being no further business the meeting
adjourned at 8:25 p.m.
______________________________________
Selina
Tisdale, City