City of Hastings

County of Barry, State of Michigan

CITY COUNCIL MINUTES

July 12, 2010

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

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

Motion by Tubbs, with support by McNabb-Stange, to excuse Member Campbell.

All ayes. Motion carried.

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 the minutes of the regular meeting of June 28, 2010.

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

All ayes. Motion carried.

6. Proclamations: (None).

7. Public Hearings: (None).

8. Formal presentations and requests: (None).

9. Recommendations from other Boards:

Consider approval of Amendment No. 35 of the Grand Valley Metro Council’s Articles of Incorporation as requested by the GVMC.

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

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

Nays: Jasperse.

Absent: Campbell.

Motion carried.

10. Ordinances:

First reading of Ordinance No. 459 instituting a moratorium on the sale of medical marihuana in the City as recommended by the Planning Commission.

Mansfield provided an overview of the ordinance, reported on the advice of the City Attorney, and stated that the Planning Commission recommended adoption. He suggested that Council and the Planning Commission hold a joint workshop meeting to consider future regulation of the topic.

The Ordinance was given first reading.

Workshop with Planning Commission will be held on August 9, 2010 at 6:00 PM.

11. Resolutions:

Consider Resolution 2010-23 amending the budget for the 2010/2011 fiscal year.

Mansfield discussed the content and need for the amendment.

Motion by McNabb-Stange, with support by Wood, to adopt Resolution 2010-23 with correct numbers in “Therefore be it resolved” paragraph.

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

Nays: None.

Absent: Campbell.

Motion carried.

12. Appointments:

A. Consider Mayor May’s appointment of Kenneth Schroeder as a regular voting member of the Zoning Board of Appeals for a term expiring December 31, 2010.

B. Consider Mayor May’s appointment of Craig Jenkins to the Zoning Board of Appeals as an alternate member for a term expiring December 31, 2011.

Motion by Wood, with support by Tossava, to approve appointments of Kenneth Schroeder and Craig Jenkins as presented.

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

Nays: None.

Absent: Campbell.

Motion carried.

C. Consider selecting candidates for the Worker’s Compensation Fund Board of Trustees and authorizing the City Clerk to cast the City’s ballot.

Motion by Tubbs, with support by McNabb-Stange, to authorize the Clerk to cast the City’s ballot for the recommended slate of candidates.

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

Nays: None.

Absent: Campbell.

Motion carried.

13. Bids, Contracts, Agreements, and Sales:

A. Consider award of bid to Interspiro Midwest for Self Contained Breathing apparatus in the amount of $15,741 as recommended by Fire Chief Roger Caris.

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

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

Nays: None.

Absent: Campbell.

Motion carried.

B. Consider approval of the purchase of fire hydrants from East Jordan Iron Works for an amount not to exceed $38,730 ($1,291/each) as recommended by Director of Public Services Tim Girrbach.

Motion by Wood, with support by Tubbs, to approve purchase as recommended.

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

Nays: None.

Absent: Campbell.

Motion carried.

C. Consider approval of Addendum 1 to the 2010 City Manager Agreement.

Motion by Bowers, with support by Wood, to approve Addendum 1 to the 2010 City

Manager Agreement as presented.

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

Nays: None.

Absent: Campbell.

Motion carried.

D. Consider award of bid to P.K. Contracting, Inc. for 2010 Street Line Painting for an estimated amount of $22,094.50 as recommended by Director of Public Services Tim Girrbach.

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

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

Nays: None.

Absent: Campbell.

Motion carried.

14. Consent items without individual discussion:

A. Invoices: (None).

B. Minutes of the Cable Access Committee meeting of June 21, 2010.

C. Minutes of the Barry County Board of Commissioners meeting of June 22, 2010.

D. MML Legislative Link dated July 6, 2010.

E. Minutes of the Planning Commission meeting of July 6, 2010.

F. The Loop from the MML.

G. Thank you card and letter from the DDA.

Motion by McNabb-Stange, with support by Wood, to receive items 14.B. through 14.G. inclusive and place on file.

All ayes. Motion carried.

15. City Manager's report:

A. Director of Public Services Tim Girrbach gave his monthly report.

B. Fire Chief Roger Caris gave his monthly report.

C. Library Administrator Evelyn Holzwarth gave her monthly report.

D. Report on special parking accommodations.

Mansfield reviewed his written report and requested Council feedback.

Council discussed the matter.

Motion by Jasperse, with support by McNabb-Stange, to send the requestor a letter indicating that Council is unable to accommodate the request.

There was more discussion.

Bowers called the question.

Ayes: Bowers, Jasperse, McNabb-Stange, and May.

Nays: Depue, Tossava, Tubbs, and Wood.

Absent: Campbell.

Motion failed.

There was further discussion.

Mansfield suggested a policy should be predicated on all persons and not specifically focused on one individual.

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

17. Legislative Director's Report:

May attended GVMC meeting with Bowers. Legislative candidates were present and there was discussion for revised procedure for GVMC participation.

Bowers attended MML Legislative Committee meeting.

18. Open Public Discussion from the Floor:

Jim Brown: supported comments on DDA appreciation of City support. He further stated that special parking accommodations are a difficult problem with significant potential for escalation and should be avoided if they can be.

Mike Bremer: candidate for State Representative. Said he is anxious to serve, listens across the aisle: “divided we fail”. Michigan needs jobs. No cuts to funding for education and supports reduce-reuse-recycle.

19. Mayor and Council comment:

Tubbs: terrific Maranda party with 4,000 people.

Depue agreed with Tubbs.

May commented on great cooperation from surrounding areas for a truly community event.

20. Motion by Bowers to adjourn at 7:50 PM.

21. Read and Approved:

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