City of Hastings

County of Barry, State of Michigan

                                                                                                                                      

 

CITY COUNCIL MINUTES

May 24, 2010

 

1.       Regular meeting called to order by Mayor Pro-Tem Don Tubbs at 7:00 PM.

 

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

 

          Motion by Wood, with support by McNabb-Stange, to excuse Member Campbell and Mayor May.

          All ayes. Motion carried.

 

          City Staff and Appointees present:  Mansfield, Maurer in place of 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 and closed session meetings of May 10, 2010.

 

         Motion by Wood, with support by McNabb-Stange, to approve the minutes as presented.

         All ayes.  Motion carried.

         

6.       Proclamations:

 

Mayor Pro-Tem presented Judy Kensington with a proclamation for her work at the Hastings Public Library.  Ms. Kensington said that she was thrilled with receiving the proclamation.

 

7.       Public Hearings:

 

A public hearing to receive comment and make a determination on the necessity of improvements in the downtown parking special assessment district for 2010.

 

          Mansfield reviewed.

 

          Public hearing opened at 7:08 PM.

          No public comments.

          Public hearing closed at 7:09 PM.

 

Consider Resolution 2010-12 establishing necessity of the improvements and establishing the special assessment district.

 

Motion by McNabb-Stange, with support by Jasperse, to adopt Resolution 2010-12 as presented.

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

Motion by Wood, with support by McNabb-Stange, to set a public hearing for Monday, June 14, 2010 at 7:00 PM to hear comment and make a determination on the final assessment roll for the 2009 downtown parking special assessment district.

 

All ayes.  Motion carried.

 

8.       Formal presentations and requests:

 

A.       Request from Michael Bremer, candidate for 87th District Seat of State House of Representatives, to introduce himself.

 

          Mr. Bremer was not present.

 

B.       Request from Lois Ozuna to hold the annual fundraiser walk for My Alpha Place.

 

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

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

C.       Request from James Atkinson, American Legion Parade Chairman, to hold annual Memorial Day Parade.

 

          Consider Resolution 2010-15 (MDOT Parade).

 

          Motion by Wood, with support by McNabb-Stange, to approve request under direction of City staff and adopt Resolution 2010-15 as presented.

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

D.       Request from Roger Caris, Fire Chief, to donate turn-out gear and miscellaneous fire equipment to the fire department(s) in Guatemala.

 

          Roger spoke about how Guatemala is desperate for equipment and they will sign a release of liability prior to donation of equipment.

 

          Motion by McNabb-Stange, with support by Wood, to approve the donation as recommended with a release of liability to be obtained.

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

E.       Request from Mary Diane Hawkins, Friends of the Hastings Public Library, to hold annual Duck Race in Tyden Park.

 

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

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

9.       Recommendations from other Boards: (None).

 

10.      Ordinances:

 

Second reading and consider adoption of Ordinance No. 458 eliminating the prohibition of serving alcohol at Sidewalk Cafes.

 

Hart stated that an ordinance regulating sidewalk cafes currently exists and that the proposal would amend that ordinance to allow alcohol to be served at the cafes.

Wood said that a lady indicated that she did not want it to be like years ago when there were pool halls. He feels there are no reasons for harm.

McNabb-Stange has heard no positive comments regarding this issue.

Bowers is against alcohol being served on sidewalks and he is receiving calls against this. He does not see how this can be enforced on a public walkway with not enough room.

Jasperse has heard only positive comments. There are many communities where this is allowed, it is a yearly license, and he believes Hastings should try this.
Hart stated that the license is revocable.

McNabb-Stange is concerned about Summerfest.

Depue has not heard anything bad.

Tubbs has heard one negative comment from someone outside of the City.

Larry Kensington of 1330 Ridgewood said that people do not need alcohol and is against it.

Alan Klein of 520 N. Boltwood said that it is great for the community.

 

Motion by Tossava, with support by Wood, to adopt Ordinance No. 458 as read.

         

          Ayes:            Depue, Jasperse, Tossava, Tubbs, and Wood.

          Nays:            Bowers and McNabb-Stange.

          Absent:         Campbell and May.

          Motion carried.

 

11.     Resolutions:

 

          A.       Consider Resolution 2010-13 setting fees for various services effective July 1, 2010.

 

B.       Consider Resolution 2010-14 setting fees for water and sewer services effective July1, 2010.

 

Motion by Jasperse, with support by Tossava, to adopt Resolution 2010-13 and Resolution 2010-14 as presented.

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

12.     Appointments:

 

Consider appointment of Dave Jasperse and Jeff Mansfield to the working group of the Joint Planning Alliance developing an intergovernmental services agreement.

 

Motion by Wood, with support by McNabb-Stange, to approve the appointments.

 

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

Nays:            None.

Absent:         Campbell and May.

Motion carried.

 

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

 

A.       Consider awarding a contract extension for Custodial and Maintenance Services for Hastings City Hall and Grounds to Hallifax Services in the amount of $500/wk through fiscal years 2010-2013 as recommended by Director of Public Services Tim Girrbach.

 

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

 

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

                   Nays:            None.

                   Absent:         Campbell and May.

Motion carried.

 

B.       Consider award of bid to Ikon Office Solutions for a copy machine for an amount not to exceed $8,600 as recommended by Police Chief Jerry Sarver.

 

          Wood asked if there was a separate machine on the upper floor.

          Sarver responded and said that the police were 24/7 and the main floor is not.

 

          Motion by McNabb-Stange, with support by Wood, to award bid as recommended.

 

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

                   Nays:            None.

                   Absent:         Campbell and May.

                   Motion carried.

 

C.       Consider award of bid for 21AA Modified Crushed Gravel and 22A Road Gravel to Aggregate Industries in the amount of $11.43/ton delivered (21AA modified) for an estimated cost of $9144 and $6.73/ton delivered (22A road gravel) for an estimated cost of $5,384 as recommended by Director of Public Services Tim Girrbach.

 

          Girrbach described the different types of gravel.

 

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

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

D.       Consider placement of the City’s property/casualty/liability insurance package with Pinnacle Insurance Partners/Trident Insurance for 2010/2011 for the premium amount of $96,290 as recommended by Clerk/Treasurer Emery.

 

          Mansfield reviewed.

 

          Motion by Wood, with support by McNabb-Stange, to approve placement as recommended.

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

 

14.     Consent items without individual discussion:

 

          A.       Invoices:

                             Midwest Sculpture Initiative - $8,700.00 (DDA)

          B.       Minutes of the Barry County Board of Commissioners meeting of May 11, 2010.

          C.       Minutes of the Joint Planning Committee meeting of May 17, 2010.

          D.       Information from MML regarding Social Media.

          E.       MML Legislative Link dated May 18, 2010.

          F.       Minutes of the Barry County Central Dispatch Administrative meeting of April 15, 2010.

          G.       Minutes of the Barry County Central Dispatch Technical meeting of April19, 2010.

         

         Motion by Wood, supported by McNabb-Stange, to receive and place on file Items 14.A. through 14.G. inclusive.

          All Ayes.  Motion Carried.

 

15.     City Manager's report:

 

          A.       Chief of Police Sarver gave his report.

          B.       City Manager Mansfield gave brief overview of Clerk/Treasurer Emery’s report.

          C.       Community Development Director Hart gave his report.

 

Motion by Jasperse, with support by Wood, to grant permission to create an obstruction across sidewalk on June 11, 2010 from 5:00 – 8:00 PM for grills.

 

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

          Nays:            None.

          Absent:         Campbell and May.

                   Motion carried.

 

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

         

17.     Legislative Director’s Report:

 

Tubbs enjoyed Mayor Exchange last Wednesday with Adrian and looks forward to going there Wednesday.

 

18.     Open Public Discussion from the Floor:

 

          Greg Forbare from the theatre asked for a recap of the parking assessment because he was not present for the public hearing.

          Mansfield told him to speak with Jackie Timmerman.

          Mr. Forbare is also concerned about the two-hour parking when movies are longer and asked if parking could be changed in front of the theatre.

          Mansfield said that this is not the first time this request has come up. The two hour parking is only enforced until 5:00 PM and suggested that Greg speak with DDA and Parking Task Force.

 

19.     Mayor and Council comment:

 

          Wood says employees have commented on M-43 being one lane.

          Tubbs: if going to Mayor Exchange be at City Hall by 7:45 AM.  MML Region 2 meeting is June 9 in Quincy and the MML Annual Conference is September 21-24 and you can register at MML.org or call Lori Parmenter at City Hall.

 

20.     Consider Closed Session as permitted by PA 267 of 1976, Section 15.268-8(d) to consider the purchase or lease of real property and as permitted by Section 15.268-8(h) to consider material exempt from disclosure by state and federal statute (to receive privileged attorney-client communication).

 

          Motion by Wood, with support by McNabb-Stange, to enter into closed session at 8:08 PM.

 

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

          Nays:            None.

          Absent:         Campbell and May.

          Motion carried.

         

20.     Adjourn.

 

          Motion by Wood, with support by McNabb-Stange, to adjourn at 8:30 PM.

 

21.     Read and Approved:

 

 

                                                                                                                  

          Donald Tubbs, Mayor Pro-Tem                           Tina M. Maurer, Deputy City Clerk