Marshall City Council, Regular Session Tuesday, August 4, 2009 CALL TO ORDER IN REGULAR SESSION Tuesday, August 4, 2009, at 7:00 P.M. in the Council Chambers of Town Hall, 323 West Michigan Avenue, Marshall, MI, the Marshall City Council was called to order by Mayor Smith. ROLL CALL Roll was called: Present: Council Members: Dyer, Metzger, K. Miller, L. Miller, Mayor Smith, Traver, and Williams Also Present: Interim City Manager Tarkiewicz Absent: None INVOCATION/PLEDGE OF ALLEGIANCE Mayor Smith led the Pledge of Allegiance. APPROVAL OF THE AGENDA Moved L. Miller, supported K. Miller, to approve the agenda with the addition of item 13F – Swing Jazz 2010, 16A – closed session to receive Attorney privileged information, 16B – closed session for Interim City Manager’s performance evaluation. On a voice vote: MOTION CARRIED. PRESENTATIONS AND RECOGNITIONS None. INFORMATIONAL ITEMS None. PUBLIC COMMENT ON AGENDA ITEMS None. PUBLIC HEARINGS AND SUBSEQUENT COUNCIL ACTION None. OLD BUSINESS None. REPORTS AND RECOMMENDATIONS A. Aviation Fuel Tank System – Brooks Field: Moved Williams supported Traver, to approve the resolution to authorize the Clerk-Treasurer to sign Contract #09-0602 for federal project B-26-0064-1309 with the Michigan Department of Transportation for the installation of an aviation Marshall City Council, Regular Session Tuesday, August 4, 2009 fueling system at Brooks Field. On a roll call vote - ayes: K. Miller, Mayor Smith, Traver, and Williams; nays: dyer, Metzger, and L. Miller. MOTION CARRIED. City of Marshall RESOLUTION # 09-24 WHEREAS, the City Council of the City of Marshall has reviewed attached Contract #090602 for federal project B-26-0064-1309 with the Michigan Department of Transportation for the installation of an aviation fueling system at Brooks Field ; and WHEREAS, the City Council agrees to utilize the combination of federal, state and local funding to cause the installation and other related improvements as stated within contract #09-0602 to be performed; and WHEREAS, the estimated expense of the project is $205,000 and the State & Federal Government will provide a maximum of $199,875; and WHEREAS, the City will be responsible for any expenses over $199,875; and WHEREAS, the City Council understands and agrees to the contract and its attached conditions. NOW THEREFORE BE IT RESOLVED that based upon a motion made by _______ and supported by _________ to authorize Sandra Bird, Clerk-Treasurer to sign contract #09-0602 for federal project B-26-0064-1309. AYES: NAYS: CERTIFICATION OF CITY CLERK/TREASURER I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the City Council of the City of Marshall at a regular meeting held on the 4th day of August, 2009. ____________________________________ Sandra Bird, City Clerk-Treasurer APPOINTMENTS / ELECTIONS __________________________ Date Marshall City Council, Regular Session Tuesday, August 4, 2009 Moved K. Miller, supported Dyer, to appoint Russell Byrne to the Zoning Board of Appeals for a term ending March 10, 2012. On a voice vote: MOTION CARRIED. CONSENT AGENDA Moved Traver, supported Williams, to approve the consent agenda as presented: A. B. C. D. E. F. Approve the request to schedule a public hearing for Monday, August 17, 2009 at 7:00 p.m. to receive public comment on the completed Tenneco Road Extension project. Approve the request to schedule a public hearing for Monday, August 17, 20009 at 7:00 p.m. to receive public comment on the proposed application for a Community Development Block Grant to extend sewer infrastructure to Johnson System, Inc. Approve the request to schedule a public hearing for Monday, August 17, 2009 at 7:00 p.m. to hear comments on an application for an Industrial Facilities Tax Exemption Certificate for Joseph Campbell Company. Minutes of the Work Session held Monday July 20, 2009 and minutes of the Regular City Council meeting held Monday, July 20,. Approve city bills in the amount of $339,739.73 Approve July 9-10, 2009 for the Swing, Jazz & Other Stuff musical festival to be held at Stuart’s Landing. On a roll call vote – ayes: Metzger, K. Miller, L. Miller, Mayor Smith, Traver, Williams, and Dyer; nays: none. MOTION CARRIED PUBLIC COMMENT ON NON-AGENDA ITEMS None COUNCIL AND MANAGER COMMUNICATIONS None Marshall City Council, Regular Session Tuesday, August 4, 2009 CLOSED SESSION Moved Dyer, supported Williams, to go into closed session under Section 8 of the Michigan Open Meetings Act to receive Attorney privileged information and to conduct a performance evaluation where the person be evaluated has requested closed session. On a roll call vote – ayes: K. Miller, L. Miller, Mayor Smith, Traver, Williams, Dyer and Metzger; nays: none. MOTION CARRIED At 7:34 p.m. move to the conference room for the closed session At 8:02 p.m. returned to open session. Moved Dyer, supported Williams, to authorize the Mayor and Clerk-Treasurer to sign the Release and Covenant Not to Sue between Christopher S. Olson and the City of Marshall. On a roll call vote – ayes: L. Miller, Mayor Smith, Traver, Williams, Dyer, Metzger and K. Miller; nays: none. MOTION CARRIED Move Dyer, supported Williams, to go back into closed session under Section 8 of the Michigan Open Meetings Act to conduct a performance evaluation where the person to be evaluated has requested closed session. On a roll call vote ayes: L. Miller, Mayor Smith, Traver, Williams, Dyer, Metzger and K. Miller; nays: none. MOTION CARRIED At 8:04 p.m. moved to the conference room for closed session. At 9:10p.m. returned to open session. ADJOURNMENT The meeting was adjourned at 9:10 p.m. __________________________ Bruce R. Smith, MAYOR ______________________________ Sandra Bird, Clerk-Treasurer