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					                                                                                                    CITY COUNCIL
                                                                                                   MEETING AGENDA
                                                                                           Meetings: 1st and 3rd Thursdays – 7:00 p.m.
Gilbert X. Cheves, Mayor
Leo J. Evans, Mayor Pro Tem                                                                    James V. O’Toole, City Manager
Walter A. “Pete” Baker, Council Member                                                         Robert S. Richards, CMC, City Clerk
Brady L. Nelson, Council Member                                                                Ralph B.K. Peterson, City Attorney
Patricia A. Baribeau, Council Member

             City Council Chambers located at: City Hall - 410 Ludington Street - Room C101 - Escanaba, MI 49829
The Council has adopted a policy to use a Consent Agenda, when appropriate. All items listed with an asterisk (*) are considered routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which event the item will be removed from
the General Order of Business and considered in its normal sequence on the Agenda.

                                                                    Regular Meeting
                                                                 Thursday, July 15, 2010
CALL TO ORDER
ROLL CALL
INVOCATION/PLEDGE OF ALLEGIANCE
APPROVAL/CORRECTION(S) TO MINUTES– July 1, 2010
APPROVAL/ADJUSTMENTS TO THE AGENDA
CONFLICT OF INTEREST DECLARATION
BRIEF PUBLIC COMMENT
UNFINISHED BUSINESS - NONE
PUBLIC HEARINGS - NONE

NEW BUSINESS

1.        Bid Approval – Centerline/Edge Line/Angle Parking Street Painting – Department of Public Works
          Explanation: On June 1 and June 23, 2010, four (4) invitations to submit bids for centerline, edge line and
          angle parking lines were sent out. A bid opening was conducted on June 22, 2010 and July 6, 2010, with
          two (2) bids received. After careful review and consideration of all bids by Administration, the bid from
          JCS, Inc of Baraga, Michigan, for the units prices listed in their bid is being recommended for approval.
          This item has been budgeted for in the FY2010-11 budget.

2.        Bid Approval – Wastewater Plant Treatment Plant SCADA System – Wastewater Department
          Explanation: Administration is seeking Council approval to enter into a contract with Energenecs of
          Cedarburg, WI, in an amount not to exceed $79,805 to upgrade the Wastewater Treatment Plant SCADA
          System. Under the terms of the contract, Energenecs will upgrade the existing Wastewater Treatment
          Facility Monitoring and Alarm System which will interface with the Wastewater Lift Station Monitoring
          and Alarm System. This project is budgeted in the 2010/2011 fiscal year budget.

3.        Approval – Street Closure/Use of Alcoholic Liquor in Public Space Request – Bays De Noc
          Convention and Visitors Bureau.
          Explanation: The Bays de Noc Convention and Visitors Bureau has submitted a request to close off 1st
          Avenue North from North 6th Street to North 8th Street, North 7th Street from Ludington Street to 1st
          Avenue North and the public parking lot on North 7th Street and 1st Avenue North on August 26, 2010,
          from 12:00 p.m. to 11:00 p.m. for the Harley Owners Group (H.O.G.) Motor Cycle Rally Opening
          Ceremonies. Additionally, a Council resolution which will permit the sale, possession and consumption of
          alcoholic beverages in a public place in connection with a special event is being requested. On July 7,
          2010, the Downtown Development Authority recommended Council approval.

4.        Sale Approval – City-Owned Property – 404 So. 32nd Street – City Manager’s Office
          Explanation: Janice Barker has submitted an offer to purchase a city-owned lot located at 404 So. 32nd
          Street for the construction of a single-family dwelling with the purchase price of $27,750. Administration
          is recommending approval of the sale provided construction of the new home begins within 18 months of
          the final sales transaction.
Agenda – July 15, 2010

5.    Update – Sale of Power Plant – Electric Department.
      Explanation: Administration will provide a community update on the status of the sale of the Escanaba
      Power Plant.


APPOINTMENTS
BOARD, COMMISSION, AND COMMITTEE REPORTS
GENERAL PUBLIC COMMENT
ANNOUNCEMENTS
ADJOURNMENT                                                          Respectfully Submitted



                                                                     James V. O’Toole
                                                                     City Manager
                          OFFICIAL PROCEEDINGS
                               CITY COUNCIL
                       CITY OF ESCANABA, MICHIGAN
                          Regular Council Meeting
                           Thursday, July 1, 2010
       The meeting was called to order by the Honorable Mayor Gilbert X. Cheves at 7:00
p.m. in the Council Chambers of City Hall located at 410 Ludington Street.

Present:     Mayor Gilbert X. Cheves, Council Members Walter A. “Pete” Baker, Patricia
             A. Baribeau, Leo J. Evans, and Brady L. Nelson.

Absent:      None

Also Present: City Manager James V. O’Toole, Deputy City Clerk Tammy Weissert, City
              Department Heads, media, and members of the public.

      Reverend Robert Derheim of the New Life Assembly of God gave the invocation and
led Council in the Pledge of Allegiance.

      Evans moved, Nelson seconded, CARRIED UNANIMOUSLY, to approve Regular
Meeting Minutes from June 17, 2010, as submitted.


ADJUSTMENTS TO THE AGENDA

      Council Member Nelson asked to make the following change to Item 1, Turnout
Gear to Air Bags and Item 4, 9:00 am to 6:00pm to 7:30 am to 6:00 pm.

      Nelson moved, Baker seconded, CARRIED UNANIMOUSLY, to approve the
Council Agenda as amended.


AWARD PRESENTATION

      Mayor Cheves gave certificates of meritorious service awards to Peter C. Roeder
and Leonard A. Busbani upon their retirement, and also Proclaimed July 1, 2010, as Peter
C. Roeder Day and Leonard A. Busbani Day in the City of Escanaba.


CONFLICT OF INTEREST DECLARATION - None

BRIEF PUBLIC COMMENT

      John Yavorski of Gram’s Pasties introduced himself to Council. Mr. Yavorski stated
he was looking forward to operating his pasty business in Ludington Park, and hoped to do
a good job for the City bringing more people down to the park.


UNFINISHED BUSINESS - None
City Council Minutes
July 1, 2010 - cont.

PUBLIC HEARINGS - None

NEW BUSINESS

Approval – Donation of Fire Fighting Air Bags – Department of Public Safety.

      Administration sought Council approval to donate surplus (used) air bags to the Ford
River Township Volunteer Fire Department. If approved by Council, the Ford River
Township Volunteer Fire Department will accept the gear “as is” and hold the City of
Escanaba harmless in the event of equipment failure.

NB-1 Evans moved, Baker seconded, CARRIED UNANIMOUSLY, to approve to donate
     surplus (used) air bags to the Ford River Township Volunteer Fire Department.


Approval – Concession Stand in Ludington Park – Parks and Recreation Department.

      On February 26, 2010, the City of Escanaba sent out ten proposal requests to
vendors for concession stand operations in Ludington Park. The proposal opening was
scheduled for March 23, 2010, but no proposals were submitted. On June 17, 2010,
Gram’s Pasties of Escanaba, MI, submitted a request to provide concessions in Ludington
Park. Administration recommended approval.

NB-2 Nelson moved, Baribeau seconded, CARRIED UNANIMOUSLY, to approve a
     request from Gram’s Pasties of Escanaba, MI, to provide concessions in Ludington
     Park.


Approval – Notice of Intent Resolution – Water System Improvement Project – Water
Department.

       Administration sought Council approval of a resolution which authorizes the City
Clerk to publish a Notice of Intent to issue bonds for the water intake project and water
tower maintenance project in an amount not to exceed $3,400,000. Additionally,
authorization was sought by the Administration to take the necessary steps in applying for
the Delta County allocation of Recovery Zone Economic Development Bonds.

NB-3 “By Council Member Nelson, seconded by Council Member Evans:

                                NOTICE OF INTENT RESOLUTION
                              2010 CAPITAL IMPROVEMENT BONDS
                             ___________________________________

                                      CITY OF ESCANABA
                                 County of Delta, State of Michigan
                             ___________________________________



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City Council Minutes
July 1, 2010 - cont.
       The following preamble and resolution were offered by Member Nelson and
supported by Member Evans:

       WHEREAS, the City of Escanaba, County of Delta, State of Michigan (the “City”)
intends to issue general obligation limited tax bonds pursuant to Act 34, Public Acts of
Michigan, 2001, as amended (“Act 34”), in an aggregate principal amount of not to exceed
Three Million Four Hundred Thousand Dollars ($3,400,000) (the “Bonds”), in one or more
series, for the purpose of paying part of the costs of acquiring, constructing, furnishing and
equipping water supply system improvements, including primary water intake equipment
and water tower improvements together with all appurtenances and attachments (the
“Project”); and

      WHEREAS, financial assistance to accomplish the acquisition and construction of all
or a portion of the Project may available through the Drinking Water Revolving Fund
(“DWRF”) loan program administered by the Michigan Finance Authority; and

      WHEREAS, the City has made application for participation in the DWRF loan
program; and

      WHEREAS, the City is also considering the issuance of the Bonds as Recovery
Zone Economic Development Bonds, pursuant to the American Recovery and
Reinvestment Act of 2009 (the “ARRA”); and

      WHEREAS, a notice of intent to issue the Bonds must be published before the
issuance of the Bonds in order to comply with the requirements of Section 517 of Act 34;
and

      WHEREAS, the City intends at this time to state its intentions to be reimbursed from
proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to
issuance of the Bonds.

        NOW, THEREFORE, BE IT RESOLVED THAT:

      1.     The City Clerk is authorized and directed to publish a notice of intent to issue
bonds in The Daily Press, a newspaper of general circulation in the City.

       2.   The notice of intent shall be published as a display advertisement not less
than one-quarter (1/4) page in size in substantially the form attached to this resolution as
Exhibit A.

        3.     The City Council does hereby determine that the foregoing form of Notice of
Intent to Issue Bonds and the manner of publication directed is the method best calculated
to give notice to the City’s electors and taxpayers residing in the boundaries of the City of
the City’s intent to issue the Bonds, the maximum amount of the Bonds, the purpose of the
Bonds, the source of payment for the Bonds and the right of referendum relating thereto,
and the newspaper named for publication is hereby determined to reach the largest number
of persons to whom the notice is directed.

        4.       The City makes the following declarations for the purpose of complying with

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City Council Minutes
July 1, 2010 - cont.
the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code
of 1986, as amended:

                 (a)      As of the date hereof, the City reasonably expects to reimburse itself
                          for the expenditures described in (b) below with proceeds of debt to
                          be incurred by the City.

                 (b)      The expenditures described in this paragraph (b) are for the costs of
                          acquiring the Project which were paid or will be paid subsequent to
                          sixty (60) days prior to the date hereof from the general funds of the
                          City.

                 (c)      The maximum principal amount of debt expected to be issued for the
                          Project, including issuance costs, is $3,400,000.

                 (d)      A reimbursement allocation of the expenditures described in (b) above
                          with the proceeds of the borrowing described herein will occur not
                          later than 18 months after the later of (i) the date on which the
                          expenditure is paid, or (ii) the date the related Project are placed in
                          service or abandoned, but in no event more than three (3) years after
                          the original expenditure is paid. A reimbursement allocation is an
                          allocation in writing that evidences the City’s use of the proceeds of
                          the debt to be issued for the Project to reimburse the City for a capital
                          expenditure made pursuant to this resolution.

                 (e)      The expenditures described in (b) above are “capital expenditures” as
                          defined in Treas. Reg. § 1.150-1(b), which are any costs of a type
                          which are properly chargeable to a capital account (or would be so
                          chargeable with a proper election or with the application of the
                          definition of placed in service under Treas. Reg. § 1.150-2(c)) under
                          general Federal income tax principles (as determined at the time the
                          expenditure is paid).

                 (f)      No proceeds of the borrowing paid to the City in reimbursement
                          pursuant to this resolution will be used in a manner described in
                          Treas. Reg. § 1.150-2(h) with respect to abusive uses of such
                          proceeds, including, but not limited to, using funds corresponding to
                          the proceeds of the borrowing in a manner that results in the creation
                          of replacement proceeds (within Treas. Reg. § 1.148-1) within one
                          year of the reimbursement allocation described in (d) above.

       5.     The City Manager, Controller and Water Superintendent are each authorized
to take the necessary steps to apply for the DWRF program and execute all necessary
documents relating to the DWRF program; or, to apply to the County of Delta for allocation
to issue Recovery Zone Economic Development Bonds.

       6.     All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.


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City Council Minutes
July 1, 2010 - cont.
       Upon a call of the roll, the vote was as follows:

        Ayes: Nelson, Evans, Baker, Baribeau, Cheves
        Nays: None

        RESOLUTION DECLARED ADOPTED.


Approval- Street Closure/Street Usage Request – Sidewalk Daze – Ludington Street –
9th to 14th – Escanaba Downtown Development Authority.

       The Escanaba Downtown Development Authority, in partnership with the Downtown
Business Association, submitted a request to have Ludington Street from 9th Street to 14th
Street closed on Friday, July 23, 2010, from 7:30 a.m. to 6:00 p.m. for the annual Sidewalk
Daze event. Administration recommended approval of the request.

NB-4 Evans moved, Baker seconded, CARRIED UNANIMOUSLY, to approve to have
     Ludington Street from 9th Street to 14th Street closed on Friday, July 23, 2010, from
     7:30 a.m. to 6:00 p.m. for the annual Sidewalk Daze event.


Update – Sale of Power Plant and Long-Term Wholesale Power Purchase Proposal(s)
– Electric Department.

      City Manager O’Toole updated Council and community on the status of the sale of
the Escanaba Power Plant. Manager O’Toole also stated there will be an Electrical
Advisory Committee Meeting July 14, 2010 and a Joint City Council and Electrical Advisory
Committee public hearing July 28, 2010.


Approval – Use of Ludington Park Band Shell– Parks and Recreation Department.

        The Americans for Constitutional Enforcement submitted a request to use the Band
Shell in Ludington Park on July 17, 2010, from 11:00 a.m. to 2:00 p.m. for a Tea Party and
candidate forum. As a condition of use, organizers were requested to provide insurance for
the day of the event and clean up at the conclusion of the event. Council approval was
recommended.

NB-6 Baker moved, Baribeau seconded, CARRIED UANIMOUSLY, to approve to use the
     Band Shell in Ludington Park on July 17, 2010, from 11:00 a.m. to 2:00 p.m. for a
     Tea Party and candidate forum provided the necessary insurance is filed with the
     City, and organization volunteers aid in event clean-up.


Approval – MSHDA Housing Rental Rehabilitation Grant – Lofts on Ludington Project
– Community Preservation Department.

      Administration sought Council approval of a MSHDA Rental Rehabilitation Grant in
the amount of $583,400. Under the terms of the agreement, $525,000 will be applied

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City Council Minutes
July 1, 2010 - cont.
towards the installation of fifteen (15) rental dwelling units and $58,400 has been awarded
to the City to cover administrative costs. Additionally, Administration sought Council
approval to name City Manager James V. O’Toole and City Controller Michael Dewar as
the City representatives authorized to sign the grant agreement and relative requests or
reports associated with the grant.

NB-7 Evans moved, Baker seconded, to approve of a MSHDA Rental Rehabilitation Grant
     in the amount of $583,400, and additionally, approved to name City Manager James
     V. O’Toole and City Controller Michael Dewar as the City representatives authorized
     to sign the grant agreement and relative requests or reports associated with the
     grant.

        Upon a call of the roll, the vote was as follows:

        Ayes: Evans, Baker, Baribeau, Nelson, Cheves
        Nays: None

        MOTION CARRIED.


APPOINTMENT(S) TO CITY BOARDS, COMMISSIONS, AND COMMITTEES - None

BOARD, COMMISSION, AND COMMITTEE REPORTS

       Council Members reviewed City Board and Commission meetings each attended
since the last City Council Meeting.


GENERAL PUBLIC COMMENT

      City resident Bob McDonough asked Council if they ever planned on moving the
DDA down to City Hall. Manager O’Toole advised the DDA would tentatively be moving in
September to City Hall. Mr. McDonough suggested City Streets were not being cleaned,
and advised today was the first day prohibiting cell phone texting while driving.

         City resident Scott Carlson commented on defective traffic signal walk buttons and
still did not see any traffic signal walk buttons on the highway.


ANNOUNCEMENTS

        The following announcements were made:

       Stephenson Avenue Reconstruction was scheduled to begin July 6th;
       Reviewed City Fourth of July Activities;
       Downtown City Businesses would be open on Monday July 5th;
       Council wished everyone a safe and happy 4th of July.



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City Council Minutes
July 1, 2010 - cont.
       Hearing no further public comments, the Council adjourned at 7:33 p.m.

Respectfully submitted,



Robert S. Richards, CMC                   Approved:   ______________________
City Clerk                                            Gilbert X. Cheves, Mayor




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