City of Hastings

County of Barry, State of Michigan

                                                                                                                                      

 

CITY COUNCIL MINUTES

February 22, 2010

 

1.       Regular meeting called to order at 7:00 PM.

 

2.       Present at roll call were members: Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

 

          City Staff and Appointees present:  Mansfield, Emery, Sarver, Caris, Girrbach, Hart, Holzwarth, and Fekkes.

 

3.       Pledge to the flag.

 

4.       Approval of the agenda.

 

Motion by McNabb-Stange, with support by Tossava, to approve the Agenda as presented.

          All ayes.  Motion carried.

                  

5.       Approval of minutes of the regular meeting of February 8, 2010.

 

         Motion by Wood, with support by Tossava, to approve the minutes as presented.

         All ayes.  Motion carried.

         

6.       Proclamations:

 

Mayor May presented Carl Schoessel and Tammy Pennington, HEEF members, with a proclamation.

Tammy Pennington invited Council members to Walldorff Ballroom for the 25th anniversary dinner on February 26, 2010.

Carl Schoessel appreciated recognition and thanked City for co-operative efforts.

         

7.       Public Hearings: (None).

 

8.       Formal presentations and requests:

 

A.       Request from Brad Currier, South Central Michigan Youth Baseball, to use Fish Hatchery Park ball field for Youth Baseball Program.

 

          Motion by Wood, with support by Tubbs, to approve request under direction of City staff.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

B.       Request from Bob Dickinson, State Grounds, to hold the 2nd Annual Living Laura’s Hope 5k Fun Run.

 

          Motion by Tubbs, with support by Tossava, to approve request under direction of City staff.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

 

9.       Recommendations from other Boards: (None).

 

10.      Ordinances:

 

Second reading and consider adoption of Ordinance No. 454 amending the zoning map.

 

Mansfield introduced and noted it was consistent with joint planning and also noted that more dense development is allowed not mandated.

 

          Motion by Tubbs, with support by Wood, to adopt Ordinance No. 454 as read.

 

Ayes:            Bowers, Jasperse, Tossava, Tubbs, Wood, and May.

          Nays:            Campbell, Depue, and McNabb-Stange.

          Absent:         None.

          Motion carried.

 

11.     Resolutions:

 

A.       Consider Resolution 2010-03 [Revised] amending the budget for the 2009/2010 fiscal year.

         

          Mansfield noted change to postpone S. Jefferson Street project to 2010/2011.

 

          Motion by McNabb-Stange, with support by Bowers, to adopt Resolution 2010-03 as presented.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

 

B.       Consider Resolution 2010-04 amending the schedule of parking fines.

 

          Motion by Jasperse, with support by Wood, to adopt Resolution 2010-04 as presented.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

 

C.       Consider Resolution 2010-05 amending Article III of Appendix A to the Code of Ordinances regarding recycling facilities to be provided by garbage franchisees.

 

          Mansfield introduced the concerns at the current location.  He noted that landfill hours are 8:00-3:30 weekdays and 8:00-12:00 on Saturday.

 

          Motion by Jasperse, with support by Wood, to adopt Resolution 2010-05 as presented.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

 

          Campbell asked about the Charity House (can return).  Mansfield stated that staff will work with the sponsors to identify the best location.

 

12.     Appointments: (None).

 

13.     Bids, Contracts, Agreements, Abandonment’s, and Sales:

 

A.       Consider approval of truck parking space lease agreements with and without electrical service as templates to be completed and executed by the Mayor and Clerk for tenants who properly apply for such lease space and pay the required rent and service fee.

 

Wood asked about the need for paragraph 5.D. in agreements referencing recycling area at the parking lot.  Consensus was to keep language as is.

 

                   Motion by McNabb-Stange, with support by Tubbs, to approve lease agreements as templates as presented.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

                   Nays:            None.

                   Absent:         None.

          Motion carried.

 

          Campbell asked about policing electric use and about limiting future use.

          Hart and Mansfield responded.

 

B.       Consider award of bid to Pumps Plus, Inc. for Wastewater Treatment Plant Scum Pump in the amount not to exceed $10,925 as recommended by Director of Public Services Tim Girrbach.

 

          Motion by Wood, with support by Tossava, to award bid as recommended.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

                   Nays:            None.

                    Absent:         None.

          Motion carried.

 

C.       Consider approval and authorizing the Mayor and Clerk to sign an agreement for Environmental Consulting Services with Soil and Material Engineering Inc for the US EPS Brownfield Assessment Grant.

 

          Mansfield noted that five proposals were received and recommended SME.

          Hart noted economic development impact of Brownfield assessment.

 

          Motion by Tossava, with support by McNabb-Stange, to approve and authorize Mayor and Clerk to sign the agreement as presented.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

 

D.       Consider approval and authorizing the Mayor and Clerk to sign an agreement for administrative and support services for the MSHDA CDBG Downtown Rental Housing Rehabilitation Grant with Smith Housing Consultants, LLC.

 

          Hart discussed and recommended agreement.

          Mansfield indicated Smith’s request to delete requirement for added named insured on the automobile policy.

 

          Motion by Jasperse, with support by McNabb-Stange, to approve and authorize Mayor and Clerk to sign agreement amending insurance requirements as requested.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            None.

          Absent:         None.

          Motion carried.

 

14.     Consent items without individual discussion:

 

          A.       Invoices.

          B.       Correspondence from James Fisher regarding cable service in Hastings.

          C.       Correspondence from Carl Levin to Mayor May.

          D.       Correspondence from Rick Clark at Broadstripe regarding customer complaint.

          E.       Minutes of the Barry County Board of Commissioners meeting of February 9, 2010.

          F.       Copy of proclamation to be presented for Walk for Warmth.

          G.       Minutes of the Joint Planning Committee meeting of February 15, 2010.

          H.       Letter appointing Mayor May to the Transportation Infrastructure Committee.

          I.       Letter appointing Mayor May to the Legislative Governance Committee.

          J.       Minutes of the Barry County Central Dispatch Administrative meeting of January 25, 2010.

          K.       Minutes of the Barry County Central Dispatch Equipment Committee and Technical Advisory Board meetings of February 1, 2010.

         

          Campbell noted additional problems with cable television and suggest possibility of other providers.

 

         Motion by Campbell, supported by Wood, to receive and place on file Items 14.A. through 14.K. inclusive.

          All Ayes.  Motion Carried.

 

15.     City Manager's report:

 

          A.       Chief of Police Sarver gave his report.

 

          B.       Clerk/Treasurer Emery gave his report.

 

          C.       Community Development Director Hart gave his report.

 

          D.       Information regarding the classification of North Street.

 

                   Mansfield and Girrbach discussed.

 

16.     City Attorney's Report: (None).

 

17.     Legislative Director’s Report:

         

May noted that Bowers in on the MML Governance Committee and Tubbs is on the Governance Committee also.

 

18.     Open Public Discussion from the Floor:

 

          Joel Strickland, representing Laura’s Hope, thanked Council for approval of their request, and invited everyone to participate.  

 

19.     Mayor and Council comment:

 

Bowers: asked about cab company in town and about frequency of rental unit inspections.  Mansfield responded that cab company may be inactive and that rental inspections are required every two years.

Jasperse: requested cable company representative come to Council meeting to respond to problems with system, and suggested moving Charity House from incubator site.

 

20.     Consider Closed Session as permitted by PA 267 of 1976, Section 15.268-8(e) to consult with attorney regarding trial or settlement strategy in connection with specific pending litigation.

 

          Motion by Wood, with support by McNabb-Stange, to enter into closed session at 8:09 PM as permitted.

 

          Ayes:            Bowers, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

          Nays:            Campbell.

          Absent:         None.

          Motion carried.

 

Return to open session at 8:22 PM.

 

          Motion by McNabb-Stange, with support by Jasperse, to approve agreements and authorize Mayor and Clerk to sign as presented by Attorney Fekkes.

 

Ayes:            Bowers, Campbell, Depue, Jasperse, McNabb-Stange, Tossava, Tubbs, Wood, and May.

Nays:            None.

Absent:         None.

Motion carried.

 

21.     Adjourn.

 

          Motion by Wood, to adjourn at 8:24 PM.

 

22.     Read and Approved:

 

 

 

                                                                                                                  

          Robert L. May, Mayor                                                Thomas E. Emery, City Clerk