MINUTES OF REGULAR MEETING OF TAWAS CITY COUNCIL

June 7, 2010

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

Council Members Present:     Sandra Brugger, Dave Dickman, Kane Kelly, Dave Schantz,

            Carl Steinhurst, Duane Walters and Danna White.

Council Members Absent:      None  

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, White seconded, CARRIED, to approve the agenda of the June 7, 2010 regular council meeting as presented. Roll Call Vote:  Yes - Dickman, Kelly, Schantz, Steinhurst, Walters, White, Brugger.  No - None.

Brugger moved, Dickman seconded, CARRIED, to approve the minutes of the May 17, 2010 regular meeting as presented. Roll Call Vote:  Yes - Kelly, Schantz, Steinhurst, Walters, White, Brugger, Dickman.  No - None. 

Schantz moved, Kelly seconded, CARRIED, to approve Claim Sheet 060710 as presented.  Roll Call Vote:  Yes - Schantz, Steinhurst, Walters, White, Brugger, Dickman, Kelly.  No - None.

Brugger moved, Dickman seconded, CARRIED, to approve the Tawas Hardware bill in the amount of $845.00.   Roll Call Vote:  Yes - Steinhurst, White, Brugger, Dickman, Kelly, Schantz.  Abstain - Walters. No - none.

City Manager Moers reported Wade Trim has requested a change order for Second Avenue Lift Station to relocate the existing ventilation system in the electrical room which conflicts with the installation of the new VFD control panels. Steinhurst moved, Dickman seconded, CARRIED, to authorize the Second Avenue Lift Station Change Order No. 1 in the amount of $2,192.00 to relocate the existing ventilation system which conflicts with the installation of the new VFD control panels.  Roll Call Vote:  Yes - Walters, White, Brugger, Dickman, Kelly, Schantz, Steinhurst.  No - None.

City Manager Moers updated the Council on the 2^nd Avenue Lift Station Project.

City Manager Moers reported the Tawas Police Authority did not approve the prosecutor's agreement, COPS Grant, and budget at the last meeting and a special meeting will be scheduled to approve the budget.  City Manager Moers asked the Council for direction on the budget, COPS Grant and prosecutor's agreement. The Authority did not budget for an additional police officer, and the Council approved the 2010-2011 budget recommended by the Tawas Police Authority. The COPS Grant would require a commitment of four years of funding with the grant paying the first three years of wages and benefits at entery level at an estimated cost of 80,000 to the Tawas Police Authority.  The consensus of the Council was that they would like to see a part time officer hired for the summer instead of a full time officer hired through the COPS Grant for four years that would require a considerable deficit of reserve funds or additional contributions from the City.  The consensus of the Council on the prosecutor's agreement is not to renew the agreement with Gary Rapp. The City will hire their own attorney to prosecute the cases.    

Schantz moved, Dickman seconded, CARRIED, to open the public hearing at 7:53 p.m. for Ordinance 301, 302, and 303.  Roll Call Vote:  Yes - Brugger, Dickman, Kelly, Schantz, Steinhurst, Walters, White.  No - None.

City Manager Moers explained Ordinance 301 regulated individuals within the City of Tawas City that are qualified patients or acting as primary caregivers pursuant to the provisions of the Michigan Medical Marihuana Act, Ordinance 302 to amend the zoning code by adding Article 18, Section 18.46 by providing for medical marihuana dispensaries, their location, definitions, conditions and standards, and civil forfeiture and Ordinance 303 to amend the code to regulate and license pawn brokers and to prescribe certain powers and duties to the City of Tawas City.

The public asked various question on the medical marihuana ordinance and how the ordinance would control caregivers and dispensaries. 

Dickman moved, Brugger seconded, CARRIED, to close the public hearing at 8:24 p.m. for Ordinance 301, 302, and 303.  Roll Call Vote:  Yes - Dickman, Kelly, Schantz, Steinhurst, Walters, White, Brugger.  No - None.

Mayor Walters opened the nine bids received on the DPW equipment list and read the bidders name and amount.  Mick Warner bid $400.00 on the backhoe ditch bucket 35", Susan Szeszulski bid $50.00 on the coats tire machine, David Erickson bid $350.83 on the Miller  big 40 generator/welder 300 amp/2500 watt mounted on trailer, $650.83 on the 1989 Dodge Ram 4x4 truck with slide in dump box, $20.00 on the 1000 lb pickup crane, $15.00 on the seconded 1000 lb pickup crane, and $75.52 on the two sets of pontoons, and Wayne Kuzbiel bid $72.00 on the two sets of pontoons, and $65.00 on one piece of Hancor/ADS corrugated socked pipe 8" in diameter by 20' length.  Dickman moved, Brugger seconded, CARRIED, to accept the bids and have City Manager Moers review the bids to accept or reject.  Roll Call Vote:  Yes - Kelly, Schantz, Steinhurst, Walters, White, Brugger, Dickman.  No - None.

Brugger moved, Dickman seconded, CARRIED, to approve Mayor Walters's recommendation to appoint Carl Steinhurst to another three year term to the Building Authority.  Roll Call Vote:  Yes - Schantz, Steinhurst, Walters, White, Brugger, Dickman, Kelly.  No - None.

Steinhurst moved, Schantz seconded, CARRIED, to approve the Gateway Park and Fishing Pier pay request number two in the amount of $73,117.00 to Schaaf & Associates for stored material and labor for stone, concrete piers, concrete walks/light bases, wood deck, benches, and electrical approved by the City Engineer and Manager.  Roll Call Vote:  Yes - Steinhurst, Walters, White, Brugger, Dickman, Kelly, Schantz.   No - None.

Dickman moved, Steinhurst seconded, CARRIED, to approve the Second Avenue Lift Station pay request number one in the amount of $32,345.10 to Schaaf & Associates for mobilization, piping, set pumps, concrete work, and by pass connection approved by the City Engineer and Manager.  Roll Call Vote:  Yes - Walters, White, Brugger, Dickman, Kelly, Schantz, Steinhurst.  No - None.

City Manager Moers reported the Fire Station Expansion Project is complete and was under budget leaving a balance of $2,264.63 in the account.  The final pay request credit will be withdrawn from the project account and deposited into the general fire budget to cover the expenses of painting the interior walls of the old portion of the fire station and a new sign.  Schantz moved, Dickman seconded, CARRIED, to authorize City Manager Moers to withdraw the credit of $2,264.63 and close the Fire Station Expansion account and have it deposited into the general deposit/disbursement account to cover the expense of painting the interior walls of the old portion of the fire station and the sign.   Roll Call Vote:  Yes - White, Brugger, Dickman, Kelly, Schantz, Steinhurst, Walters.  No - None.

City Manager Moers stated the bank depositories resolution needs to be adopted yearly to designate the financial institutions that the City will be allowed to deposit City funds into for the 2010-2011 fiscal year. Brugger moved, Steinhurst seconded, CARRIED, to adopt the bank depository's resolution to designate the financial institutions to deposit City funds for the 2010-2011 fiscal year (SBM 1199).   Roll Call Vote:  Yes - Brugger, Dickman, Kelly, Schantz, Steinhurst, Walters, White. No - None.

Steinhurst moved, Dickman seconded, CARRIED, to adopt the resolution to open money market accounts, checking accounts, savings or certificates of deposits with Alcona Alpena Area Credit Union, Wolverine Bank, Comerica Bank, JP Morgan Chase Bank for any City Funds requiring the Clerk and Treasurer to sign the documents as recommended by the City Treasurer (SBM 1200).  Roll Call Vote:  Yes - Dickman, Kelly, Schantz, Steinhurst, Walters, White, Brugger.  No - None.

Councilmember Brugger read the Hospice Angelic Care Day Proclamation.  White moved, Schantz seconded, CARRIED, to approve the Hospice Angelic Care Day Proclamation.   Roll Call Vote:  Yes - Kelly, Schantz, Steinhurst, Walters, White, Brugger, Dickman.  No - None.

Councilmember White read the Uninsured Awareness Walk Proclamation.  Brugger moved, Steinhurst seconded, CARRIED, to approve the Uninsured Awareness Walk Proclamation.  Roll Call Vote:  Yes - Schantz, Steinhurst, Walters, White, Brugger, Dickman, Kelly.  No - None.

Councilmember Steinhurst reported that Northeastern Window & Door is scheduled to install the windows and patio door on June 25^{th at} the library. 

Councilmember Dickman reported the Relay for Life is June 12^th at the Tawas City Park.

City Manager Moers thanked Councilmember White for attending all the meetings of other boards. 

The next regular meeting of the Tawas City Council is scheduled for Monday, June 21, 2010, at 7:30 p.m. at the Tawas City Hall. 

Dickman moved, Steinhurst seconded, CARRIED, to adjourn the meeting at 8:55 p.m.  Roll Call Vote:  Yes - Dickman, Kelly, Schantz, Steinhurst, Walters, White, Brugger.  No - None.

Michelle M. Westcott, City Clerk