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March 13 2006 Minutes

MARCH 13, 2006 

A Public Hearing was called to order at 8:00 p.m. by Mayor Scanlon to invite and hear comments concerning the outcome of the Teen Center located at 114 N. Oak Street. The clerk confirmed no written comments. Pastor Chris Kruchkow, Faith United Methodist Church and behalf of Buchanan Area Ministerial Association (BAMA) reported that it was BAMA intent to work with Mr. Lucas and the Association wishes to concentrate on a Youth Center for the City. He explained his understanding that Mr. Lucas was interested and had presented the City with a purchase agreement. He proclaimed that a verbal agreement with Lucas to allow the Association to use the building at no cost until they can pay was understood by BAMA. Kruchkow urged commission to support Lucas proposal. Commission questioned liability, parenting classes, and the sale of the building. Kruchkow responded that Lucas was to repair building. Kruchkow confirmed that BAMA is connected to be part of the Youth Center with Lucas. The Mayor confirmed that the Commission position was to use that building as a youth center. BAMA Secretary Reverend Tom Fox proclaimed partnering for the betterment of the City of Buchanan and urged the Commission to support the Lucas/BAMA plan. BAMA President Reverend Dave Meister stated his excitement about a youth center program with Lucas and asked about Commission wishes for verbiage in a proposal. Brian Fortune, Redbud Trail supports youth proposal. Being no further comments, the Mayor closed the public hearing at 8:31 p.m. The Commission concurred to include consideration of outcome under new business later in the meeting. 
A Public Hearing was called to order at 8:32 p.m. by Mayor Scanlon to invite and hear comments regarding the City of Buchanan to assume responsibility for the administration and enforcement of the floodplain management provisions of the Michigan building code. The clerk confirmed no written comments. Warren Weaver reports either the City enforce or the State of Michigan will; no significant amount of changes and urged the public to review Floodplain maps and plan that has been changed by the Federal Government. The Mayor noted that the Commission would consider the ordinance later in the meeting and with no further public comments, adjourned the public hearing at 8:38 p.m. 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, March 13 and called to order by Mayor Scanlon at 8:38 p.m. 

Boy Scout Ryan Hollinshead led the Pledge of Allegiance. Reverend Tom Fox, Portage Prairie United Methodist Church gave the Invocation. 
Commissioner Moore read the biography and the Mayor presented the Citizen Appreciation Recognition Award to Ryan Hollingshead. 

Commissioners present: Alberta Arbanas, David Hagey, MarLon McGuire, Patricia Moore, Earl Scanlon III 
Commissioner absent: None 
Staff present included City Manager Meg Mullendore, Fire Chief/Building Inspector Warren Weaver, and City Clerk Gladys Bybee. 
Guests/Visitors present: 9 visitors, 2 being Press 

Hagey moved seconded by Moore to amend the Consent Calendar to include item D. Teen Center under Unfinished Business. Roll call vote unanimous. 
Hagey moved, seconded by Moore to approve the Consent Calendar as amended. Roll call vote unanimous.

  • Agenda as amended 
  • Minutes: Regular Meeting February 27 ~ Work Session Meeting March 7 
  • Checks 49815 to 49905 in the amount of $300,306.70 
  • Increase the rental fees at Centennial Park from $50 to $75. and increase the rental fees at Ravish Park from $25. to $50. 
  • Resolution 2006.03/10, Manage floodplain development for the National Flood Insurance Program (copy attached) 
  • Resolution 2006.03/11, Intent for participating in the National Flood insurance Program Budget amendment and resolution recording transfer from Andrews Farm TIF to the General Fund from 1985 to current year in the amount of $204,935 (copy attached) 
  • Resolution 2006.03/12, urging the State to support local economic Development and increase statutory revenue sharing (copy attached) 

Warren Weaver, Fire and Building Department announced his staffing was up and explained his report on Fire and Building while all reviewed his written reports. Questions were shared.

Mullendore reported the property exchange on the undeveloped portion of Elizabeth Street; Lot 20 belonging to the City for lot 18 belonging to Lou Desenberg. She explained the property was given to the City for the purpose of a road. She reported her discussion with the Assessor and a concern that that a possible road would have to be a one way if lots were exchanged and a split would be necessary with costs. Hagey moved, seconded by McGuire to deny the exchange due to a possible future development of a street connecting Elizabeth Street to Bluff Street. Roll call vote carried unanimous.

Mullendore reported and explained that Gene Wesner was pursuing his claim against the City for damage done to his business window ($686.18 which the City'ƒs Insurance carrier had denied his claim. She explained the insurance company would pay the claim if it was required by the commission. The commission discussed responsibility on protection of public funds, pay out claims of city money on a case by case basis, setting a precedent, accident, no malicious act. Hagey moved seconded by McGuire to deny the claim. YEA: Hagey, McGuire. NAY: Moore, Arbanas, Scanlon. Motion failed. 
Moore moved, seconded by Scanlon to reimburse Wesner out of the General Fund Balance as it is a good will gesture on behalf of the City and with the understanding that the City does not claim responsibility but concern about his loss. YEA: Scanlon, Moore, Arbanas. NAY: Hagey, McGuire. Motion carried by majority roll call vote.

After brief clarification from Building Inspector Weaver, Arbanas moved, seconded by Moore to approve Ordinance 2006.03/370, designating the City of Buchanan as an enforcing agency under the provisions of the State Construction Code Act, Act No. 230 of the Public Acts of 1972, as amended. Roll call vote carried unanimous.Copy of Ordinance attached and made a part of this record.

Bybee reported she had acquired proposals for the remaining five homes (in the Homeowner Rehabilitation Program) that needed repair and lead interim control in order for the grant to be closed out. Discussion/questions shared and she explained in detail. She was fairly confident that the work would satisfy the State as they have been included with the entire process, although it may not be a guarantee. Arbanas moved seconded by Moore to rescind the motion from June 10, 2002 concerning program income and utilize the $11,125 remaining appropriation towards the corrections that must be done in order to close out the program. Roll call vote carried unanimous.

McGuire moved, seconded by Moore to approve the use of the funds derived from program income and city administration in the amount of $30,094 in the housing grant fund to pay for necessary repairs to satisfy the grant requirements. Roll call vote carried unanimous.

Hagey moved, seconded by Moore to approve the bid waiver in the amount of $30,087 to pay for the remaining rehabilitation work as proposed. Roll call vote carried unanimous.

Moore moved, seconded by McGuire to accept the five proposals for rehabilitation on 5 units from the 2001 Homeowner Rehab Program from Diamond Construction. Roll call vote carried unanimous.

After brief discussion and information from the earlier public hearing with regards to the Teen Center, Hagey moved, seconded by McGuire to authorize the City Manager to develop a Request For Proposal (RFP) for the sale of the Teen Center to include uses for the building to be compatible with that of the Buchanan Area Ministerial Association (BAMA) proposal. Roll call vote carried unanimous.

Mullendore reported on her meeting with Chris Tapper, owner of C-Saw, 101 W. Smith Street due to necessary building expansion for his business as the Lease does not allow for expansion. She noted that Attorney Hyrns requested verbiage change, but would not prohibit Commission to make a decision. Discussion included responsibility if C Saw exacerbated contamination, one baseline assessment done, the need for another, and original lease requirements of $5,000. down, $5,000 upon termination of lease in 2007. 
Arbanas moved, seconded by McGuire to accept the request from C-Saw to conclude its lease agreement early and complete the purchase agreement for 101. W. Smith Street. Roll call vote carried unanimous.

Reverend Tom Fox, Chairperson for Lower St. Joseph River Watershead Committee announced the planned work shop at Andrews University. He explained the Committee as a Countywide partnership required by Environmental Protection Agency. 

Mullendore commented: 

  • Congratulations to Wrestling Team 
  • Discussions of active role to publish an article to supplement Dave Casey's article. Set the record straight from the City Manager, eliminate rumors/myth. Provide comments prior to submittal. 
  • Request and encourage Commissioner Biography to input information in the Newsletter. 
  • Telephone correspondence from resident Mary White also a senior citizen limited to a scooter applauds the Commission for approving the snow clearing ordinance. Forthcoming inventory of sidewalks. 
  • Another note (hit list) found at the high school with the State Police brought in. Volunteer parents walking the school for security. 
  • Upcoming event dates/times 

All Commissioners congratulated Ryan Hollingshead 

Moore commented: 

  • Congratulations to Arbanas on volunteer award 
  • Looking forward to work with school to resolve the issue 
  • Support Youth Center concept 
  • Upcoming event dates/times 

Arbanas commented: 

  • Welcome Diana Davis as new superintendent 
  • Upcoming event dates/times 
  • Art Center Board member vacancy 
  • Thanks to Chamber of Commerce, Congratulations to award winners 

McGuire commented: 

  • Applaud BAMA 
  • Happy St. Patrick's Day 
  • Urged involvement to Blood Drive at Mason's Lodge 

Scanlon commented: 

  • Thanks for Teen Center input 
  • Urged questions/concerns to the City Manager or contact Commissioners 

McGuire moved seconded by Moore to go into Closed Session at 10:07 p.m.

The Mayor reconvened the meeting at 11:24 p.m. with no action taken during Closed Session. 
Moore moved seconded by McGuire to increase the City Manager salary by 3%, due to a satisfactory review, as applicable to Section 2.3 of the City Manager Contract. Roll call vote carried unanimous.

McGuire moved seconded by Moore to adjourn the meeting at 11:25 p.m. Voice vote carried unanimous.

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