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April 22, 2019 Minutes

City of Buchanan Commission Minutes
April 22, 2019

The Public Hearing was called to order at 7:00 p.m. to hear public comments on the proposed 2019-2020 budget.

Public comments Regarding the Budget
None.

Hearing no comments nor receiving receipt of any written comments, Toerne moved, Seconded by Weedon to Adjourn the Public Hearing. Voice vote carried unanimously.  Public hearing adjourned at 7:01 p.m.

The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, April 22, 2019 and was called to order at 7:02 p.m. by Mayor Moore.  The Mayor led the Pledge of Allegiance. Brendan Shea gave the invocation.

Roll Call
Present: Mayor Moore, Commissioners Denison, Toerne and Weedon
Absent: Commissioner Downey
Guests: Kerry Ratinger and Brian Grice from Republic Services, Mack Green from Pearson Construction
Also in attendance:  Bill Marx, City Manager; Debra Patzer, City Zoning Administrator; Brenda Hess, City Clerk

Public Comments 
Cindy Benson-Encouraged Commission to approve Planning Commission recommendation to deny rezoning of 509 Rynearson.
Randall Peart-Questioned request for disposal of the HP DesignJet 500 printer.

Consent Calendar:
•    Approve Agenda
•    Approve Minutes: Regular scheduled meeting April 8, 2019
•    Approve Minutes: Special Meeting-April 15, 2019-Work Session-Update on Oxidation Ditch 
•    Approve Invoices/Expenditures for April 22, 2019 in the amount of $113,630.02
Moore moved, seconded by Toerne to amend the Agenda by the addition of item “H” under New Business – Consider Resolution 2019.04/192 to Endorse the Berrien County Non-Motorized Vision.  Roll Call vote carried unanimously. Toerne moved, seconded by Denison to approve the Consent Calendar as amended.  Roll Call vote carried unanimously.

New Business
Consider the disposal of excess equipment – HP DesignJet 500 Printer. Printer designed to make large scale maps. Was purchased as part of a grant. Rollers and advance wheels have deteriorated. Reconditioned ones sell for $350.00 on E-bay.  There are other sources for large drawings and blueprints. Repair costs would be approximately $600. Sealed bids would be sought for the sale of the printer. Toerne moved, seconded by Weedon to approve the disposal of the HP DesignJet 500 Printer by Sealed Bids to begin on April 23rd and conclude on April 30.  Roll Call vote carried unanimously.

Consider approval of payment of annual dues to The Greater Niles Area Chamber – Formally the Niles Chamber of Commerce/SMEGA (Southwest Michigan Economic Growth Alliance) in the amount of $8990.00.  SMEGA is local economic development organization which seeks to link businesses with economic development sites and help with business retention. SMEGA recently merged with Niles Chamber of Commerce. Niles Chamber sold their high rise for $2.2 million dollars.  The Niles Chamber has also expanded to work with the South Bend Chamber. Collaboration occurs between all 3 entities. SMEGA has not directly helped set up a new business in Buchanan, but Buchanan benefits by being a regional partner which brings people to set up residence in Buchanan. Previous Commission decided to wait one year to see what benefits we would receive. Concerns raised regarding what services are received from SMEGA.  Moore moved, seconded by Denison to approve payment of annual dues to The Greater Niles Area Chamber – Formally the Niles Chamber of Commerce/SMEGA (Southwest Michigan Economic Growth Alliance) in the amount of $8990.00 with the friendly amendment added by Toerne to revisit SMEGA services in October of 2019.   Roll Call vote carried unanimously.
 
Consider the second two-year extension of the February 28, 2014 original 3-year contract with Republic Services for residential refuse and recycling services.  The City may exercise a second two-year extension, or we go out for bids.  Kerry Ratinger from Republic Services spoke.  Changes in recycling cost may occur due to low demand for recycled materials by Chinese markets. Low demand for recyclables possibly temporary. Rates for refuse will not increase for 2019, but will increase by thirty-seven cents in 2020, and thirty-nine cents in 2021. Township rates are significantly higher than City rates for comparable services.  Landfill controls recycling fees which are passed on to Republic. Toerne moved, seconded by Weedon to approve second two-year extension of the February 28, 2014 original 3-year contract with Republic Services for residential refuse and recycling services.   Roll Call vote carried unanimously.
 

Consider approval of the use of Harger Park for Memorial Day community party to follow annual parade, co-sponsored by Joseph Williams of Home Source/Remax Group and Dustin Jankoviak of Honor Credit Union.  New tenant in Harger Accounting Building would like to sponsor a party in Harger Park co-hosted with Honor Credit Union and Taylor Rental.  Party would be on Memorial Day during and after the annual Memorial Day parade.  American Legion Post 51 was consulted and approved with condition activities will cease as Honor Guard passes by.  Toerne moved, seconded by Denison to approve the use of Harger Park for Memorial Day community party to follow annual parade, co-sponsored by Joseph Williams of Home Source/Remax Group and Dustin Jankoviak of Honor Credit Union with condition activities will cease as Honor Guard passes by.  Roll Call vote carried unanimously.
 
Consider updates to the Electrical Permit Application and Electrical Plan Examination with fee changes to the following as stated on the Electrical Permit Application form… 
•Increase the application fee from $50.00 to $75.00
•Increase the cost for special inspections from $50.00 to $75.00
•Increase the cost for a Rough/Additional Inspection from $50.00 to $75.00
•Increase the Final Inspection fee from $50.00 to $75.00
•Increase the Certification fee from $20.00 to $30.00
City has not increased permit rates in over 10 years. City inspector Ken Simpson is a good inspector. Commissioner Toerne expressed concerns regarding communication.  Proposed changes will increase the total cost of average permit by $50.00.  Denison moved, seconded by Toerne to approve updates to the Electrical Permit Application and Electrical Plan Examination with fee changes to the following as stated on the Electrical Permit Application form… 
•Increase application fee from $50.00 to $75.00
•Increase cost for special inspections from $50.00 to $75.00
•Increase cost for a Rough/Additional Inspection from $50.00 to $75.00
•Increase Final Inspection fee from $50.00 to $75.00
•Increase Certification fee from $20.00 to $30.00.  Roll Call vote carried unanimously.

Consider recommendation of the Planning Commission to deny request by Midwest NT, LLC to rezone property located at 509 Rynearson from R1A & R1B Single Family Residence District to I1 Light Industrial District.  Debra Patzer reviewed the history of the site. Midwest NT, LLC came to own the building when they purchased the cell tower.  It was rezoned in the past to residential. Jim Ringler is their representative and realtor and he was the one who worked on the possible rezoning. The City had originally zoned it for light industrial.  The Planning Commission felt they correctly rezoned it after Clark’s departure to residential.  Commission Toerne recapped the Planning Commissions findings which included resident’s input.  Toerne moved, seconded by Weedon to approve the Planning Commission’s decision to deny request by Midwest NT, LLC to rezone property located at 509 Rynearson from R1A & R1B Single Family Residence District to I1 Light Industrial District.  Roll Call vote carried unanimously.

Closed Session
Toerne moved, seconded by Weedon to go into Closed Session to discuss material exempt from discussion or disclosure by state statute MCL 15.268 Section 8. (h), Om of Buchanan, LLC for a Provisioning Center located at 120 East Front Street at 7:46 p.m. Roll call vote carried unanimously.

The Mayor reconvened meeting at 7:57 p.m.

Consider renewal of the Medical Marijuana Facilities Permit for Om of Buchanan, LLC for a Provisioning Center located at 120 East Front Street. Toerne moved, seconded by Weedon to approve renewal of the Medical Marijuana Facilities Permit for Om of Buchanan, LLC for a Provisioning Center located at 120 East Front Street contingent on the closing which will occur in four to six weeks.  Roll Call vote carried unanimously.

Consider Resolution 2019.04/192 to Endorse the Berrien County Non-Motorized Vision. The County of Berrien and the Berrien County Best Practice Group asked for Buchanan’s support to help obtain funds for a county-wide trail. Trail would join Buchanan and Niles and connect with the larger County trail system. Resolution will demonstrate a unified front by Berrien County communities in order to obtain funding.  Indiana/Michigan Power has given access to an old train trail. No economic component to this resolution required of the City.  Toerne encouraged Friends of the Trail to attend the next master plan meeting.  Toerne moved, seconded by Denison to approve Resolution 2019.04/192 to Endorse the Berrien County Non-Motorized Vision. Roll Call vote carried unanimously.
 
Public Comment
Randall Peart: Question/comment regarding using waste from the landfill to generate power. 

City Manager Comments
Discussed establishment of matrix for the proposed amount City will charge the landfill for treatment of leachate.  The City is considering hiring a 3rd party to help establish the rates and approve matrix.  Rate is currently 2.2 cents per gallon which does not include service charges for improperly pre-treated waste by the new SBR at the Landfill.  People at the landfill have not received trained on the new SBR.  The City plant can efficiently treat Landfill waste. Further information to follow in the next few weeks.  Provided update on approved 8-inch watermain replacement from 1934 has been replaced. Testing is underway. Guy Lewis, building inspector, has been working with United Federal Credit Union on their $500,000 remodel and upgrade.

Commissioners’ Comments
Weedon-Thanked Planning Commission for decision regarding 509 Rynearson.
Toerne-Acknowledged passing of Judith Gault and Martha Ryman.
Denison-Concerns regarding DDA’s relationship with City. Encouraged DDA members attend Commission meetings. Acknowledged Hannah Roberts BMX victory in Japan.
Moore-Reminded residents Common will be busy. Thursday night concerts and Stop, Lunch and Listen are starting soon. As member of DDA will bring Commissioner Denison’s suggestion to DDA board. Thanked public for attending meeting.

Adjourn
Toerne moved, seconded by Denison to adjourn the meeting at 8:14 p.m.  Voice vote carried unanimously.

_______________________________                _____________________________    
Mayor Patricia A. Moore DPM                       City Clerk Brenda J. Hess

This meeting was recorded and may be viewed on Comcast Channel 17 and YouTube.

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