MINUTES OF REGULAR MEETING OF TAWAS CITY COUNCIL

August 17, 2009

Mayor Walters called the regular meeting of the Tawas City Council to order at 7:30 p.m. in the council chamber at the Tawas City Hall.

Council Members Present:      Brent Babcock, Sandra Brugger, Dave Dickman, Kane Kelly, Dave Schantz, and Duane Walters.

Council Members Absent:      Tim Stonehouse

Others Present:                        City Manager Mark Moers, City Clerk Michelle Westcott

Mayor Walters offered the Pledge of Allegiance to the Flag and a moment of meditation.

Dickman moved, Schantz seconded, CARRIED, to accept the agenda of the August 17, 2009 regular council meeting. Roll Call Vote:  Yes - Brugger, Dickman, Kelly, Schantz, Walters, Babcock.  No - None.

Brugger moved, Dickman seconded, CARRIED, to approve the minutes of the August 3, 2009 regular meeting as presented. Roll Call Vote:  Yes - Dickman, Kelly, Schantz, Walters, Babcock, Brugger.  No - None. 

Dickman moved, Kelly seconded, CARRIED, to approve the Claim Sheet 081709 as presented.  Roll Call Vote:  Yes - Kelly, Schantz, Walters, Babcock, Brugger, Dickman.  No - None.

Brugger moved, Babcock seconded, CARRIED, to approve the Tawas Hardware bill in the amount of $1681.78.  Roll Call Vote:  Yes - Schantz, Babcock, Brugger, Dickman, Kelly.  No - None.  Abstain - Walters.

Dickman moved, Brugger seconded, CARRIED, to approve the Schantz Home & Property bill in the amount of $825.00 for maintenance of the soccer field.  Roll Call Vote:  Yes - Walters, Babcock, Brugger, Dickman, Kelly.  No - None.  Abstain - Schantz.

City Manager Moers reported MDOT received five bids for the First Street Project.  Schaaf Associates was the low bidder at $89,798.60 which is under the estimated cost of the project.  The bid will be awarded in September with the project starting the end of September or early October. 

City Manager Moers reported he met with the Relay for Life Chair and Co-Chair to address the concerns of the Council.  They stated no pets are allowed and the parking lot will be used for walking.  There will be one trailer for banking and awning tents placed in the park for the teams.

City Manager Moers stated Towne Square LLC provided the City with an irrevocable letter of credit from Huron Community Bank for the completion of the boardwalk, landscaping, irrigation, asphalt parking lot of Phase I in the amount of $67,800.00.  The letter guarantees the work will be completed by October 15^th or the City may complete the infrastructure and obtain the funds from Huron Community Bank.  Brugger moved, Dickman seconded, CARRIED, to accept the Irrevocable Letter of Credit from Huron Community Bank for Towne Square LLC Phase I completion of the boardwalk, landscaping, irrigation, and asphalt parking in the amount of $67,800.00.  Roll Call Vote:  Yes - Babcock, Brugger, Dickman, Kelly, Schantz, Walters.  No - None.

City Manager Moers stated the private fire protection fees for unmetered fire protection lines were calculated by using the ready to serve fees set by resolution in 2001 for all non taxable entities.  The taxable entities will pay 10% of the ready to serve fees.  The revenue generated from these fees will go to the water fund.  Brugger moved, Schantz seconded, CARRIED, to adopt the resolution to establish the private fire protection line charge per month (SBM 1160).  Roll Call Vote:  Yes - Brugger, Dickman, Kelly, Schantz, Walters, Babcock.  No - None.

Discussion was held on implementing a cell phone ordinance.  The ordinance would restrict hands on cell phone use while operating a vehicle. The Council's consensus is the State needs to regulate cell phones. Babcock moved, Brugger seconded, CARRIED, to postpone the cell phone ordinance indefinite until East Tawas adopts the ordinance then Tawas City will re-address the issue.  Roll Call Vote:  Yes - Kelly, Schantz, Walters, Babcock, Brugger.  No - Dickman.

Dickman moved, Schantz seconded, CARRIED, to accept the Revenue/Expenditure report through June 30, 2009 (SBM 1161). Roll Call Vote:  Yes - Kelly, Schantz, Walters, Babcock, Brugger, Dickman.  No - None.

City Manager Moers reported the Fire Station Expansion change order #6 is for a credit of $965.00.  The credit includes omitting the concrete work since the reconstruction of Mathews Street would require the new concrete to be removed.  There is also a credit for seed and mulch that was not required due to the Mathews Street project. Schantz moved, Kelly seconded, CARRIED, to approve the Fire Station Expansion change order #6 for a credit of $965.00.  Roll Call Vote:  Yes - Schantz, Walters, Babcock, Brugger, Dickman, Kelly.  No - None.

City Manager Moers reported the Fire Station Expansion Pay Request #8 for the sum of $26,443.00.  The project is under budget leaving approximately a $17,000 balance to replace the concrete slab in front of the original portion of the Fire Station to meet the new grade when the Mathews Street project is completed.  Dickman moved, Schantz seconded, CARRIED, to approve the Fire Station Expansion Pay Request #8 in the amount of $26,443.00.  Roll Call Vote:  Yes - Walters, Babcock, Brugger, Dickman, Kelly, Schantz.  No - None.   

John Sellinger from Tawas Area Chamber requested to extend the hours of Oktoberfest festival from 9 p.m. to 10 p.m. on October 2^nd and 3^rd and use the Park on October 4^th from 1 p.m. to 6 p.m. for Praise bands to perform.  The bands will not solicit or advertise any religious information. Brugger moved, Kelly seconded, CARRIED, to approve the extension of the hours for Oktoberfest on October 2^nd and 3^rd to 10 p.m. and to use the park on October 4^th for the Praise bands.  Roll Call Vote:  Yes - Babcock, Brugger, Dickman, Kelly, Schantz, Walters.  No - None.

Dickman moved, Schantz seconded, CARRIED, to approve the Knights of Columbus to solicit in Tawas City on October 9^th, 10^th and 11^th for the annual Tootsie Roll Drive.  Roll Call Vote:  Yes - Brugger, Dickman, Kelly, Schantz, Walters, Babcock.  No - None.

City Manager Moers reported that Lake State Railroad has committed to replacing the Mathews Street railroad crossing this fall and Whittemore Street railroad crossing in 2010.  Lake State Railroad will fix the crossings and the City has agreed to pay the paving cost for the crossings.

City Manager Moers stated the Council received a letter from the East Tawas Council regarding building a joint library.  Discussion was held on the possibility of building a joint or regional library which would include surrounding Townships. The Council requested City Manager Moers send a letter to the East Tawas Manager Leslie to discuss the concept of a joint or regional library further.

Councilmember Babcock stated that a community wide library would be beneficial to the area.

Councilmember Dickman thanked everyone that helped with the Michigan Professional Walleye Tournament and expressed that Mr. Plant was extremely happy with the Tournament.

Councilmember Brugger invited everyone to attend the Clute dedication at the Tawas City Library on Friday, August 21^st at noon.

Mayor Walters thanked the Council and Mr. & Mrs. Willis for the help with the Walleye Tournament.  

The next regular meeting of the Tawas City Council is scheduled for Tuesday, September 8, 2009, at 7:30 p.m. at the Tawas City Hall.  The Clute dedication is scheduled for Friday, August 21, 2009 at 12:00 p.m. at the Tawas City Library.

Schantz moved, Dickman seconded, CARRIED, to adjourn the meeting at 8:34 p.m.  Roll Call Vote:  Yes - Dickman, Kelly, Schantz, Walters, Babcock, Brugger.  No - None.

Michelle M. Westcott, City Clerk