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June 14 2010 Minutes
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CITY OF BUCHANAN COMMISSION MINUTES
June 14, 2010

The Mayor called the public hearing to order at 7:02 p.m. as published and invited public to express comments regarding Ordinance 2010.06/____, Amendment of the Comprehensive Zoning Ordinance; Article III – Definitions and Use of Terms; Article V – R-1A & R-1B Single-Family Residential Districts.  Hearing no public comment and receiving no written comment, Moore moved, seconded by Scanlon to adjourn the public hearing at 7:03 p.m.


The regular scheduled meeting of the City Commission was held at the Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Monday, June 14, 2010.  Mayor Cole called the meeting to order at 7:03 p.m.
   
The Pledge was recited by all in attendance. Pastor Dave Mitchell gave the Invocation.
Commissioner Weaver read the biography of Richard Wonacott and the Mayor presented the Citizen Appreciation Recognition Award to Mr. Wonacott.

Commissioners present: Carla Cole, Patricia Moore, William Norton, Earl Scanlon, Warren Weaver
Commissioners absent:   none
Staff present:      City Manager Meg Mullendore, Downtown Development Authority Director Debra Patzer, Police Chief Bill Marx, Fire Chief Tim Gowen and Clerk Gladys Bybee
Guests/Visitors present:  13 visitors including 1 reporter

Weaver moved, seconded by Moore to approve the Consent Calendar as presented.  Roll call vote carried unanimously.
• Agenda
• Minutes: Regular scheduled meeting, May 24, 2010
• Checks 59475 to 59586 in the amount of $191,026.45
• Re-appoint Cindy Depoy to the Buchanan Fine Arts Council for a four year term ending 2014
• Approve withdrawal referral from the Fine Arts Council for members that have absenced themselves from six or more meetings: Sarah Dickey, Tyler York, Zachary Leitz, Vladimir Tackett
• Appoint Katina Kourlas to the Buchanan Fine Arts Council to fill a vacant seat ending 2011  
• Re-appoint Robert Brown to the Friends of Oak Ridge Cemetery Board for a four year term ending 2014
• Re-appoint Ralph McDonald and Jason Lietz to the Buchanan Plan Commission for a three year term ending 2013
• Appoint Dale Price to the Downtown Development Authority (DDA) for a four year term ending 2014

American Legion Post 51 Service Officer Marv Pruett presented a map of Oak Ridge Cemetery Veteran’s Circle and explained their request to construct a Columbarium closer to Knight’s Chapel as previously planned.  Discussion and questions were shared with Pruett and Commissioners while the map rendering was reviewed by all Commissioners. Scanlon moved, seconded by Moore to authorize the American Legion to work with the Cemetery Sexton to proceed with the construction of the columbarium in the Veterans’ Circle at Oak Ridge Cemetery as reviewed and planned previously from original drawings reviewed by then Building Inspector Warren Weaver and Legion Commander Lyle Sumerix.

Downtown Development Authority (DDA) Director Patzer announced the newest members of the DDA and reported on their budget past and future.  She further explained the future events for the Downtown Arts and Historical District along with the expenditures for grants/loans to downtown business owners for infrastructure programs afforded by the $250,000 loan.

Police Chief Marx highlighted his previously distributed written report while all reviewed.  Discussion was shared regarding more foot patrols downtown because of witnessed vandalism in the downtown historical district with the City Manager confirming that surveillance cameras would continue to be utilized as a continued tool.

Fire Chief Gowen summarized his distributed written report with fire calls for the first six months of 2010 while all reviewed.

After explanation from the City Manager of review by the Plan Commission and Legal Counsel, Moore moved, seconded by Scanlon to approve the Ordinance as presented and recommended by the Buchanan City Plan Commission.
An ordinance amending Section 3.01 by adding additional definition(s) and amending Section 5.01 and Section 5.03.
BE IT ORDAINED by the City Commission of the City of Buchanan, Berrien County, Michigan that based upon the unanimous recommendation made by the Plan Commission after its public hearing held on May 11, 2010, that the City of Buchanan Zoning Ordinance is amended as follows:
ARTICLE III
DEFINITIONS AND USE OF TERMS
Section 3.01 – Definitions.
Charitable Purpose Corporation.  Charitable Purpose Corporation means a nonprofit corporation that is exempt under Section 501(C)(3) of the internal revenue code, 26 USC 501.
ARTICLE V
R-1A & R-1B SINGLE-FAMILY RESIDENTIAL DISTRICTS
Section 5.01 – Intent.  The Single-Family Residential District is established as a district in which the principal use of the land is for single family dwellings.  The District includes the R-1A subdistrict representing a minimum six thousand six hundred (6,600) square foot minimum lot size and the R-1B subdistricts a five thousand (5,000) square foot minimum lot size.  Lot size, setback and coverage requirements are addressed in Section 5.09 and 5.10.
Section 5.03 – Uses Permitted by Special Use Permit.  The following uses are permitted in this district subject to obtaining a special use permit as provided in Article XX.
A. Home occupations as a special use pursuant to Article XVIII, Section 18.09.
B. Child Care as part of a home occupation.
C. Bed and breakfast operations in compliance with Article XVII, Section 18.02.
D. Parks, schools, Churches and City or other government agency buildings.
E. Charitable Purpose Corporations.
F. Utility transmission facilities not deemed essential services.
Severability
All parts of Ordinance 154 as amended, in conflict with this Ordinance are hereby repealed to the extent they conflict with this Ordinance.
Roll call vote carried unanimously, Ordinance 2010.06/382 declared adopted.

Patzer distributed and summarized her memo regarding the proposal from the DDA and explained her conversations with Berrien County Community Development Director Dan Fette with regards to the Andrews Farm TIF $250,000 loan (tax capture). She reaffirmed information from DDA Chairman Dave Hagey from the Joint meeting between the DDA and City Commission on June 9th and quoted the unanimously stated motion from the DDA board.  After concerns about other taxing entities signing off of return of their taxes, Mullendore confirmed that the other entities had already forgiven their share of the taxes three years ago when she worked with Berrien County Representatives Bret Witkowski, Bill Wolf and Dan Fette.  After shared discussion between Patzer, Mullendore and Commissioners, Moore moved, seconded by Scanlon to accept the eleven parcels of property now owned by the DDA in consideration of the $250,000 Andrews Farm TIF loan and release the DDA obligation of paying for the downtown street lights although the DDA would remain in charge of all the programming with the downtown Arts and Historical District properties. Roll call vote carried by majority. YEA: Cole, Moore, Scanlon. NAY: Norton, Weaver.

The City Manager confirmed discussions from 2010-2011 Budget Work Session and recommended that the remainder of the balance, $202,110 for the purchase of the fire truck be repaid with a seven year bank loan.  After shared discussion about the open bid process, Moore moved, seconded by Scanlon to authorize the City Manager to move forward with procuring a loan from Chemical Bank in the amount of  $202,110 for the remainder of the balance due for the new fire truck as presented.  Roll call vote carried unanimously.

After the Mayor confirmed the positive discussions with the City Manager and Joe Mitchell along with comments heard from Ad Hoc Committee Chairman Tom Fehlner, Moore moved, seconded by Scanlon to approve the expenditure of $10,000 to River Tenders for the design and permits for the duck pond area and dam removal, Mill Race to Pears Mill, and McCoy’s Creek from Elliott property line to the St. Joseph River as recommended by the Ad Hoc Committee. The City Manager confirmed that Joe Mitchell from River Tenders has built a good rapport with Jay Wesley from the DNR and explained all three proposals for the design and permitting would be completed throughout the summer.  She reported that fund balance would have to be used to finance the project and confirmed grants would be pursued.  Roll call vote carried unanimously.

After deliberation about the fee, Cole moved, seconded by Scanlon to approve the resolution as discussed.
MARRIAGE CEREMONY FEE
WHEREAS, Mayors have the authority to solemnize marriage in the State of Michigan; and
WHEREAS, pursuant to MCL 551.7 the City Commission shall charge and collect a fee to be determined by the City Commission; and
WHEREAS, the fees shall be included with the City of Buchanan - Schedule of Fees and Charges.
NOW THEREFORE, BE IT RESOLVED the fee for a marriage solemnized by the Mayor of the City of Buchanan pursuant to the provisions of Public Act 211 of 1972 be and the same hereby is set at Fifty dollars-----------------------------------------------------------------($50.00)
which shall be collected by the Mayor at the time of said solemnization and remitted to the City Treasurer for deposit in the General Fund of the City of Buchanan.
Roll call vote carried unanimously; Resolution 2010.06/16 declared adopted.

After explanation from the Fire Chief and shared discussion with Commission, Scanlon moved, seconded by Moore to authorize the Fire Chief to acquire the engine exhaust removal system for the Fire Department in the amount of $6,272.  Roll call vote carried unanimously.

The City Manager announced concern for the liquidity of the Landfill as she is unsure of its worth and the bank would hold the City of Buchanan (and other owner jurisdictions) responsible to make the loan payments whole if the Landfill cannot pay the full payment.  Mullendore explained the fiduciary responsibility and each commissioner voiced their concern and discussion/questions were shared.  Scanlon moved, seconded by Moore to not support the “Limited Guarantee” for the $1,200,000 loan the Landfill needs to construct the new cell.  Roll call vote carried unanimously

Public comments were heard from Tom Fehlner and Debra Patzer.

City Manager comments were heard.

Commissioners’ comments were heard. 

Scanlon moved, seconded by Norton to adjourn the meeting at 9:06 p.m.

 
_____________________________                ____________________________
Gladys M. Bybee, CMC-City Clerk                       Carla M. Cole, Mayor

 

 



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