May 6, 2002

 

A regular meeting of the City Council was held on Monday, May 6, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

NOTE:  COUNCIL AGREED TO TAKE AGENDA ITEM NO. 7 – SUBMITTING COMMENTS CONCERNING THE DRAFT DIOXIN STUDY BY THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, PRIOR TO ITEM NO. 6.  FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND THE EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA, NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

 

Minutes

Mayor Black explained that the minutes of the April 22, 2002 meeting were removed from the consent agenda to clarify the vote on an amendment to the 2001-02 CDBG budget and the vote on the 2002-03 CDBG budget.  The minutes reflect that Council Member Griggs, a member of the Affordable Housing Alliance of Midland County, voted on both issues.  Upon discussion Council Member Griggs stated that he abstained on both issues.  Approval of the minutes of the April 22, 2002 regular meeting as corrected and April 29, 2002 special meeting was then offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

2002 Sidewalk Improvement Program Hearing of Necessity

Brian McManus, City Engineer, gave an overview of the 2002 Sidewalk Improvement Program.  A public hearing was opened at 7:16 p.m. Thomas Limberg, 529 Morningside Drive, Donald L. Miller, 421 Morningside Drive, Timothy McMann, 5001 Washington and owner of property at 4800 Harding, Steven Zablocki, 313 Princeton Court and Donald Lorenz, representing  Wheeler Road Church of Christ, all spoke in opposition to the placement of sidewalk on Wheeler Road.  The hearing closed at 7:45 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

            Wheeler Street (north side)         Russell Street to Claremont Street

and has heretofore established one special assessment district which is to be known as the “2002 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 6th day of May, 2002, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 8, 2002, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2002 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of seventy-three thousand one hundred ten dollars ($73,110.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be forty-eight thousand nine hundred thirty dollars ($48,930.00) and that all other costs and expenses of said improvement amounting to twenty-four thousand one hundred eighty dollars ($24,180.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described street the opportunity of causing their own sidewalks to be constructed at their own expense; be it

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2002, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2002, and that said agreement is received by City Council for approval at their June 10, 2002, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2002 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion denied.   Yeas:  None   Nays:  Black, Currie, Griggs, McKeag, Wazbinski)

 

2002-03 Proposed Budget

Robert Fisher, Director of Fiscal Services, presented a brief overview of the proposed 2002-03 City of Midland budget prior to the public hearing.  A public hearing was opened at 7:56 p.m.   Richard McCreadie, 2700 Washington, supported the hiring of additional police patrol officers in the 2002-03 City of Midland budget.  Steven Zablocki, 313 Princeton Court, opposed the hiring of additional police patrol officers.  Coleen Fulks, 2705 Whitewood Drive, opposed the continued expenditures for new equipment under the Cable Communication Fund budget.  Richard McCreadie, 2700 Washington, commented on the 5% reserve for MCTV.  Robert Fisher, Director of Fiscal Services, presented an overview of the Truth in Taxation Act and the operating tax millage rate in order to comply with the Truth in Taxation Act in the event that Council decides to levy a 2002-03 rate of 11.08 mills or more.  Steven Zablocki, 313 Princeton Court, felt that something good was happening with the budget because the millage rate was going down.  The hearing closed at 8:32 p.m.

Council directed staff to include funding for two additional police patrol officers in the 2002-03 City of Midland proposed budget.

 

Midland Blooms Day

Selina Tisdale, Community Relations Coordinator, introduced Diana Corbin, Special Events Manager for the Chamber of Commerce.  Ms. Corbin requested that Council proclaim May 18, 2002 as Midland Blooms Day in Midland.  The following resolution was then offered by Council Member Griggs and seconded by Council Member McKeag:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 18, 2002 as Midland Blooms Day in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Ms. Corbin.

 

PUBLIC COMMENTS

No comments were made.

 

Sewer Bond Issue – Unexpected Bond Proceeds

Brian McManus, City Engineer, reported on the status of the 2001 Sanitary Sewer System Improvement Program and Robert Fisher, Director of Fiscal Services, presented the disposition of the remaining bond proceeds.  Steven Zablocki, 313 Princeton Court, questioned reinvesting bond proceeds.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, a report has been received from the City Engineer indicating that approximately $1,374,300 of unexpended proceeds from the 2001 Sanitary Sewer Improvement Bond Issue is available; and

WHEREAS, the City Engineer has reported that the 42” diameter gravity sanitary sewer on Swede Avenue has deteriorated and is in need of immediate improvements; and

WHEREAS, the Director of Fiscal Services has reported that excess bond proceeds can be used to reduce the principal on the 2001 Sanitary Sewer Improvement bond issue by advance refunding; now therefore

RESOLVED, that City Council hereby allocates up to $724,300 of unexpended proceeds from the 2001 Sanitary Sewer Improvement bond issue to be used toward improvements to the Swede Avenue gravity sanitary sewer; and

RESOLVED FURTHER, that City Council directs staff to prepare a plan for using any remaining bond proceeds after completion of repairs to Swede Avenue to conduct an advance refunding of a portion of the outstanding bonds in the 2001 Sanitary Sewer Improvement bond issue.  (Motion adopted.)

 

Lining of Existing Sanitary Sewer – Swede Avenue

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the lining of the existing 42” sanitary sewer on Swede Avenue from Ashman Street to Sugnet Road (1270 lineal feet); and

WHEREAS, after further investigation of the existing 42” sanitary sewer, it has been determined that the sewer should be lined from Eastlawn Drive to Sugnet Road, which increases the length to 3900 lineal feet; and

WHEREAS, the unit price bid per lineal foot of 42” sanitary sewer lining is $155.75 per lineal foot; and

WHEREAS, funding for this work is being provided from excess funds remaining in the sanitary sewer bond issue in the Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Insituform Technologies, Inc. of Lemont, Illinois, for Bid No. 2571, Trenchless Sewer Reconstruction, in the indicated amount of $155.75 per lineal foot of sewer lined is hereby accepted and that the purchasing agent is hereby authorized to issue a purchase order in the amount of $607,425.00 for said services; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 


Draft Dioxin Study by the Michigan Department of Community Health

Mayor Black explained that the Michigan Department of Public Health undertook and published a draft report on dioxin contamination in the soils in the City of Midland.  Charles R. Newell, Director and Health Officer of the Midland County Health Department commented on the report and presented current dioxin levels in the soils within Midland.  Steven Zablocki, 313 Princeton Court, asked if inhalation studies had been undertaken.  Mr. Newell indicated that the report only included soil studies.  The following resolution was offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the Michigan Department of Community Health (MDCH) recently released a draft Consultation Report on Dioxin Levels in Midland; and

WHEREAS, that draft report excluded the findings of more than 20 health studies of citizens of Midland and Dow employees; and

WHEREAS, local public health officials, including the executives of the Midland County Health Department, and several other members of our community have raised concerns about dioxin related matters that were overlooked or omitted from the MDCH report; and

WHEREAS, although environmental groups were given the opportunity to review and comment on the report before it was issued, the agency that has the statutory responsibility for Midland citizens – the Midland County Health Department – was not provided the same opportunity; and

WHEREAS, the MDCH report should be based on scientific review of all the facts and information concerning this issue that is available so our citizens are assured that such an important study is comprehensive and objective; and

WHEREAS, the City of Midland desires to have a true partnership with all the agencies that are participating in any such studies; and

WHEREAS, our local health department should be involved in the development of any and all health-related studies or activities to be performed in Midland; now therefore

RESOLVED, that the Midland City Council urges the MDCH to consider the comments by the Midland County Health Department, as well as other members of our community, in preparing its Final Report on Dioxin in Midland; and

RESOLVED FURTHER, that the City Council also requests that all dioxin related studies that have been undertaken be reviewed and summarized in this report; and

RESOLVED FURTHER, that any future studies or reports be undertaken in partnership with the appropriate local public health agency and local unit of government; and

RESOLVED FURTHER, that the City Clerk is hereby directed to transmit a copy of this resolution to the U.S. Department of Health & Human Services, Public Health Service, Agency for Toxic Substances and Disease Registry; the Michigan Department of Community Health, the Michigan Department of Environmental Quality, Congressman David Camp, Governor Engler, State Senator Schuette, State Representative Tony Stamas and the Midland County Health Department.  (Motion adopted.)

 

Proposed Vacation of Public Walkway – Virginia and Carolina Streets

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the Midland City Council, June 10, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of acting upon the request of David Dawson, David Emeott, Phillip Leigeb and Tyler Steinka to vacate the public walkway between 2218 / 2302 Virginia Street and 2217 / 2221 Carolina Street; and

RESOLVED FURTHER, that the City Clerk is hereby directed to advertise the public hearing on May 11, 18, and 25, 2002.  (Motion adopted.)

 

 

 

 

Zoning Petition No. 490

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 10, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on May 31, 2002 and to publish said notice on June 1, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN INDUSTRIAL A ZONING WHERE A BUSINESS C DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

Beginning 33 feet East and 50 feet North of Southwest corner of Southeast ¼ of Northwest ¼ of Section 23, North 180 feet, East 120 feet, South 180 feet, West 120 feet to beginning.

be, and the same is hereby changed to Industrial A.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

2002 Lee Street Sanitary Sewer Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

             LEE STREET        from Clay Street to Quincy Drive

;and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewer, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2002 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

             LEE STREET        from Clay Street to Quincy Drive

Lots 16 thru 54 of Adams Acres Subdivision No. 1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer, and that the total estimated cost and expense thereof is eighty-nine thousand dollars ($89,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be thirteen thousand three hundred eighty-six and 35/100 dollars ($13,386.35) and that all other costs and expenses of said improvement amounting to seventy-five thousand six hundred thirteen and 65/100 dollars ($75,613.65) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 20, 2002 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

2002 Lee Street Water Main Improvement Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of water mains in certain streets in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said streets being:

               LEE STREET        from Clay Street to Quincy Drive

;and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said water mains, as before listed, appear to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2002 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

                 LEE STREET        from Clay Street to Quincy Drive

Lots 16 thru 54 of Adams Acres Subdivision No. 1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is thirty-eight thousand dollars ($38,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be one thousand eight hundred twenty-one and 29/100 dollars ($1,821.29) and that all other costs and expenses of said improvement amounting to thirty-six thousand one hundred seventy-eight and 71/100 dollars ($36,178.71) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 20, 2002 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

2002 Lee Street Improvement Project

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the improvement of a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

                 LEE STREET        from Clay Street to Quincy Drive

; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the construction of said street, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

   “2002 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

                LEE STREET          from Clay Street to Quincy Drive

Lots 16 thru 54 of Adams Acres Subdivision No. 1 in the City of Midland, Midland County, Michigan; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base, storm sewers and an all weather surface, and that the total estimated cost and expense thereof is one hundred eighty-six thousand dollars ($186,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be twenty-five thousand three hundred fifty-seven and 46/100 dollars ($25,357.46) and that all other costs and expenses of said improvement amounting to one hundred sixty thousand six hundred forty-two and 54/100 dollars ($160,642.54) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 20, 2002 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

Easement Agreement – Consumers Energy (Yale St. & Waterworks Park)

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, on June 11, 2001, the City Council accepted a gift from the Midland Girls Softball League to build a restroom in Waterworks Park; and

WHEREAS, as a part of the project Consumers Energy has requested an easement to bring power across Yale St. and Waterworks Park; and

WHEREAS, the request has been reviewed by the City’s Engineering Department, Attorney’s Office, and Department of Public Services; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an easement agreement, as approved by the City Attorney with Consumers Energy.  (Motion adopted.)

 

Closed Session

The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorneys regarding trial or settlement strategy in connection with specific pending tax appeal litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body.  (Motion adopted by a roll call vote.)

 

Being no further business the meeting adjourned to a closed session at 9:54 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk