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August 28 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES 
August 28, 2006 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, August 28th and called to order by Mayor Pro-tem David Hagey at 8:01 p.m. 

All in attendance recited the Pledge. Reverend Sean Kidd, Buchanan Christian Church gave the Invocation. 

Commissioners present: David Hagey, MarLon McGuire, Patricia Moore, Alberta Arbanas 
Commissioner absent: Earl Scanlon III 

Staff present included City Manager Meg Mullendore, Chamber of Commerce Director Michelle Klarich, and Administrative Secretary Laura Fox 
Guests/Visitors present: DDA Board Member Carla Cole and 11 visitors present including 3 reporters. 

Dee Dee Thompson was not present to receive the Citizen Appreciation Recognition Award. Hagey decided to wait until the next meeting when Dee Dee could be present to receive the award. 

McGuire moved, seconded by Moore to approve the Consent Calendar as presented. Roll call vote unanimous.

  • Agenda 
  • Minutes: Regular Meeting August 14, 2006 
  • Checks 50871 to 50989 in the amount of $2,246,796.11 
  • Appoint Patrick Ward to the Buchanan Fine Arts Council 
  • Resolution 2006.08/25, Project Authorization FY 2006 Section 5309 Statewide, Accepting MDOT Agreement to purchase three buses. 

Whereas, the Michigan Department of Transportation (MDOT) has offered the City of Buchanan Dial-A-Ride public transportation system 5309 Federal Transit Administration Federal Transit Capital Investment Grants Program 20.500; and 
Whereas, the MDOT Agreement No. 2002-0022/Z6, Project No. 88213A will provide funds for three (3) buses. 
NOW THEREFORE, BE IT RESOLVED: that the City of Buchanan does hereby make its intentions known to accept this MDOT Agreement No. 2002-0022/Z6, Project No. 88213A Federal Grant Project Authorization number MI-04-0011 for FY 2006. 
BE IT FURTHER RESOLVED, that the City of Buchanan authorizes Earl J. Scanlon III, Mayor of the City of Buchanan to execute the MDOT Agreement No. 2002-0022/Z6, Project No. 88213A for the Commission for 2006 Section 5309 Federal Transit Capital Investment Grants Program. 
RESOLUTION DECLARED ADOPTED this 28th day of August 2006. 
Resolution 2006.08/26, Authorizing the City Manager to sign documents for the purchase of 204 N. Redbud Trail 
Whereas, the City Commission of the City of Buchanan, by unanimous vote to enter into a purchase agreement with Golden Farm Real Estate, LLC to purchase 204 N. Redbud Trail for the proposed site of a new Municipal Complex Building; and 
Whereas, the City Commission of the City of Buchanan wishes to authorize the City Manager to sign the necessary documents for the purchase of 204 N. Redbud Trail commonly known as the Golden Farms Candies building. 
NOW, THEREFORE, BE IT RESOLVED that the Buchanan City Manager has authority to sign necessary documents in purchasing 204 N. Redbud Trail, on behalf of Buchanan City, Berrien County on this 28th day of August, 2006. 
RESOLUTION DECLARED ADOPTED this 28th day of August 2006 

Cathy Hempel reported on the Home Drug Testing Kits with Police Chief Bill Marx present to show what the kits look like and how they are performed. She explained that with these kits parents will be greatly helped in stopping their children from starting substance abuse, and feels that this is a very positive move to stopping potential substance abusers. 
McGuire questioned the cost and availability of the tests, and Hempel told the Commission that CASA had donated 25 drug and 50 alcohol kits to the Police Department. The Police Department is distributing these kits for at-cost charges for $2 for the alcohol test and $5 for the 4-drug test bottle. She further explained that anyone can walk into the Police Department and purchase the kits. Questions and discussion was shared with members of the Commission, and Marx confirmed that the kits are intended to be used as an opportunity for parents to begin dialogue at home with their children about drugs, and the repercussions and discipline that come with substance abuse. He told the Commission that included in the kits is a wealth of information to help parents and children know who to go to and what to do for substance abuse. He then passed the two kits to the Commission to look over. 

Mullendore discussed the status of the Teen Center located at 114 N. Oak Street. She informed the Commission that the City Attorney had reviewed the information, and as such, based upon those that voted the proposal, the over 60% of qualified voters quota was met to discontinue use of the Teen Center as part of the Parks System. As such, the bid process for the Teen Center may now begin, and the Buchanan Area Recreation Board is released from handling the property. She discussed preparing a list of points and concepts beneficial to both the Teen Center and the surrounding businesses that would need to be met by all bidders on the building. She discussed such points as bid price, intended use, benefit to surrounding businesses, etc. to be included on this list. This list would be reviewed by the Commission prior to creating the RFP for the Teen Center, so that Commission could discuss the criteria before the RFP was created. Moore moved, seconded by Arbanas, to allow the City Manager to prepare documents outlining the criteria for the Teen Center's RFP to be presented to the City Commission for approval before RFP is created. Roll call vote unanimously carried.

Mullendore discussed the Dial-A-Ride Millage renewal resolution. She informed the Commission that it will be going on the November ballot. At the current time, the millage is capped at .75 mills; at renewal time, the millage would be increased to 1 mill. If the millage is not increased, it will go to deficit. Upon legal counsel, it has not been found that the millage renewal and the millage increase need to be placed on two separate proposals, and may be included jointly on one ballot proposal. Commission discussed and clarified that this millage increase would not go towards the purchase of the three new Dial-A-Ride buses, which were funded entirely by a grant from MDOT. Moore moved, seconded by Arbanas, to approve the resolution as presented.
RESOLUTION 2006.8/27, TO PLACE DIAL-A-RIDE MILLAGE RENEWAL FOR THREE CONSECUTIVE YEARS 2007-2009 UNDER UMTA SECTION 5 FTA ACT 1978, UNDER GENERAL TRANSPORTATION FUND PROGRAM, AND ACT 327 OF THE P.A. OF 1972 AS AMENDED 
WHEREAS, Dial-A-Ride provides a necessary service to the citizens of the City of Buchanan; and 
WHEREAS, the City of Buchanan has contracted with Transportation Management, Inc. to operate the City's Dial-A-Ride program which has been proven successful during the past years; and 
WHEREAS, a Dial-A-Ride millage is necessary to meet the local share portion of the annual operating budget; and 
WHEREAS, this resolution amends the resolution adopted by the City of Buchanan on July 10, 2006; Resolution 2006.7/22. 
NOW, THEREFORE, BE IT RESOLVED by the Buchanan City Commission to place a proposition on the November 7, 2006 Election Ballot to read: 
Shall the City of Buchanan continue its local support of the "Dial-A-Ride" Bus System, more properly known as the "Dial-A-Ride Transportation System", under UMTA Section 5, Federal Transportation Act of 1978, the general transportation fund program, and Act 327 of the P.A. of 1972, as amended, of the state of Michigan by levying one mill (One [$1.00] Dollar per each One Thousand [$1,000.00] Dollars) on 
the taxable value of all taxable property in the City of Buchanan to support its local share, for a period of three (3) consecutive years, to be levied in 2007, 2008, and 2009. The requested millage rate represents 
a renewal of a previous millage of .75 mills (seventy-five [.75] cents per each One Thousand [$1,000.00] Dollars), and a new millage of .25 mills (twenty-five [.25] cents per each One Thousand [$1,000.00] Dollars) on the taxable value of all taxable property in the City of Buchanan. Based on current valuation, it is estimated that the amount of revenue generated from the total millage in the first year of the levy (2007) will be approximately Eighty Thousand Seven Hundred Eighty ($80,780.00) Dollars. 
YES NO
Roll call vote unanimous. Resolution 2006.8/27 declared adopted on August 28, 2006.

Greg Milliken from McKenna Associates was present to discuss the intent to amend the Downtown Development Authority (DDA) and DDA District plans. He explained the current plan and the redistricting plan his firm and the DDA have drawn up to start capturing money for the DDA again. He gave some history on the current districting, and explained that once Clark Industries left, the value of properties plummeted. As such, the DDA would like to amend their current districting plans to cut Clark Industries out of the DDA boundaries. The DDA felt this would be a logical and economical move as the Clark Industries property can then be part of the Brownfield Redevelopment Plan, and get additional, separate funds to rehabilitate that abandoned property. This property cannot have double-capture in funding under the Brownfield Redevelopment Authority and the DDA, but the property would do better as a Brownfield site than as a DDA site. Along with the Clark Industries property, the DDA also proposes to cut the Library parcel out as it is not ever going to be anything but a library, as well as a few other minor changes to the boundaries. Milliken explained that what the DDA and his firm are doing is two separate processes that are running parallel to one another amending the DDA and developing the DDA/TIFA plan. For this process, there will be two public hearings on October 23rd, 2006, one for the DDA Amendment and one for the DDA/TIFA plan. He further explained the spreadsheet on how much money the DDA will begin to be able to capture, and showed the Commission that in 2007, the first year of the plan's adoption, that the DDA will be able to capture $106,755.12. He further went on to explain that this money will not come from additional taxes from the residents and businesses in the DDA boundaries, and that in fact, taxes will not increase at all. Hagey commented that the loss of value from the Clark property offset any gain from all other DDA properties combined. Mullendore commented that she is in support of this plan as it will give the DDA money needed to utilize plans to do beautification, streetscaping, improvements, etc. in the downtown area; with the current boundaries, the DDA has not been able to generate a balance. She also commented that as the DDA will be able to support itself with this plan that it can come off the City's budget next year, giving the City more money as well. McGuire moved, supported by Arbanas, to approve the resolution as presented.
RESOLUTION OF INTENT TO AMEND THE DOWNTOWN DEVELOPMENT AUTHORITY AND DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT 
WHEREAS, the City of Buchanan (the "City") is authorized by the provisions of Act No. 197, Public Acts of Michigan, 1975, as Amended (the "Act"), to establish a Downtown Development Authority ("DDA") and to designate a Downtown District within which the DDA shall exercise its powers; and 
WHEREAS, on December 17, 1984, the City Commission of the City of Buchanan ("City Commission") created the DDA by ordinance; and 
WHEREAS, the Act requires the City to adopt a Resolution of Intent and hold a public hearing prior to the amendment of a DDA and changes to the boundary of a DDA District; and 
WHEREAS, the City Commission hereby finds and determines that an amendment to the DDA and its boundaries is necessary to best achieve the goals of the DDA as well as for the best interests of the public to halt the property value deterioration, to increase property tax valuation where possible in the business district, to eliminate the causes of such deterioration, and to promote economic growth in and surrounding the business district in the City as described on Exhibit A attached hereto; and 
WHEREAS, the City must declare its intention to amend a DDA and set a date for the holding of a public hearing on the adoption of a proposed ordinance amending such a DDA and designating the amended boundaries of a DDA District within which such an Authority shall exercise its powers. 
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BUCHANAN AS FOLLOWS: 
1.THAT the City Commission hereby declares its intention to amend the boundaries of the 
existing Downtown Development Authority of the City of Buchanan, (the "Authority"); and 
2. THAT the amended boundaries of the Downtown district within which the Authority shall 
exercise its powers (the "District") are as set forth on Exhibit A attached hereto; and 
3.THAT the City Commission shall conduct a public hearing on Monday, October 23, 2006 at 
8:00 p.m., at the City Hall, 302 N. Redbud Trail, Buchanan, Michigan, to consider the amendment of the boundaries of the Authority; and 
4. THAT the City Clerk shall cause notice of said hearing to be published twice in a newspaper of 
General circulation in the City, not less than twenty (20) nor more than forty (40) days before the date set for the public hearing. Notice shall also be mailed not less than twenty (20) days before the hearing to property taxpayers of record within the amended area and to the governing body of each jurisdiction levying taxes that would be subject to capture in any parcels being considered for addition into the Authority. Notice shall also be posted in at least twenty (20) conspicuous and public places in the District not less than twenty (20) days before the public hearing. 
5. THAT the notice of the hearing shall be in substantially the same form as Exhibit B attached 
hereto. 
6. THAT all resolutions and parts of resolutions insofar as they conflict with the provisions of this 
resolution shall be, and the same hereby are, rescinded. 
Roll call vote unanimous. Resolution 2006.08/28 declared adopted on August 28, 2006. 

Mullendore explained the need for stone for the McCoy Creek Trail project. She told the Commission that Public Services Director Rick Smigielski had solicited three quotes on the stone with 300 tons of #2 stone and 700 tons of #53 stone. Upon review, Smigielski recommended going with Masten Farms Trucking, LLC as they had the lowest quote at $13,325.00. Moore moved, seconded by Hagey to approve purchasing the stone base from Masten Farms Trucking, LLC with the stipulation that the job not exceed more than $15,000.00. Roll call vote unanimously carried.

Michelle Klarich thanked the Commission for accepting the DDA plans. She also commented that Buchanan Fest had gone extremely well, and thanked the Commission for offering services that the Chamber could not provide on their own. She told the Commission that the Beer Garden had gone well, and that all who had participated had been responsible. The wrestling event also gone well and there was great turnout to the event. 

Mullendore commented: 

  • Received an email on the date for Halloween, and reminded Commission that they need to set a date. Discussion shared between Manager and Commission 
  • Reminded that school is back in session and everyone needs to be careful. 
  • Commented on the 3-way stop sign at the High School. 
  • Thanked Michelle and the Chamber for a great Buchanan Fest: the fireworks were fantastic, and there was a great showing of community support for the event. Thanked sponsors of the event for their support. 
  • Told Commissioner Arbanas that she had a successful run and that she has received a lot of positive feedback on it. 


Moore commented: 

  • Congratulated Chamber and the other organizations involved in making Buchanan Fest such a success. 
  • Cemetery walk was both educational and well-done. Thanked the Friends of Oak Ridge who are always so proud to show off the Cemetery for their hard work. 
  • Arbanas commented: 
  • Thanked the businesses that sponsored Buchanan Fest for their support and named the sponsors of the event. 
  • Thanked Rick Smigielski for his hard work and help. 

McGuire commented: 

  • Thanked the Chamber for great planning of the Buchanan Fest. 
  • Thanked DPW for a great job setting up and cleaning up 
  • Commended the Police Department for high visibility at Buchanan Fest 

Hagey commented: 

  • Hoped Mayor Joe Scanlon was all right since absent from meeting. 
  • Joked that while he was opposed to the beer tent he did not set the price on beer, but sincerely thanked Chamber for doing the beer tent right. Thought they handled it very well and professionally, and has no objective to it being done in the future. 


McGuire moved, seconded by Moore to adjourn the meeting at 9:03 p.m. Voice vote carried unanimous.

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