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November 27 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES 
November 27, 2006 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, November 27th and called to order by Mayor Moore at 8:00 p.m. 

All in attendance recited the Pledge. No Invocation was heard. 

Commissioners present:Barbara Clark, Carla Cole, David Hagey, Jennifer Harrington, Patricia Moore 
Commissioners absent:None 
Staff present:City Manager Meg Mullendore and Clerk Gladys Bybee 
Guests/Visitors present: 11 visitors present including 3 members of the media. 


Harrington moved, seconded by Clark to amend the Consent Calendar to add to the Agenda, under Unfinished Business, Invite Public Comments for the submission of a grant request to the Federal Environmental Protections Agency for a FY 2007 Hazardous Substances Assessment Grant. Roll call vote carried unanimous.

Harrington moved, seconded by Cole to approve the Consent Calendar as amended. Roll call vote carried unanimous.

  • Amended Agenda 
  • Minutes: Regular Meeting November 13, 2006 
  • Checks 51499 to 51589 in the amount of $132,988.64 
  • Street Closure; Front Street, Oak Street and Days Avenue for the Holiday Lighting Parade 
  • Minute Correction for October 23, 2006 Resolution 2006.10/34 
  • The Minutes are being amended to reflect the actual action taken by the Buchanan City Commission on October 23, 2006. The Minutes shall be amended to reflect the change as stated below, and are effective as of October 23, 2006: 

Exclude from Minutes: 

  • Resolution 2006.10/34, Resolution Approving a Loan to the Downtown Development Authority (attached as part of this record) 

WHEREAS, the City Commission of the City of Buchanan established a Tax Increment Financing Authority, on April 25, 1983, to prevent urban deterioration and to provide funds for the payment of public improvements necessary to attract development and promote the economic well-being of the Andrews Farm Industrial Park area located in the City of Buchanan, and 
WHEREAS, the Board of Directors of the Andrews Farm Tax Increment Financing Authority has determined the current fund balance sufficient to meet the immediate needs of the Authority and that funds not immediately needed for the project implementation can be loaned to the Downtown Development Authority until such time that capital improvements and/or extensions are required in the Andrews Farm Industrial Park, and 
WHEREAS, Downtown Development Authority has funding needs for infrastructure, business development loans and other programs that will increase the attractiveness of the City of Buchanan for business and industry expansion of which, in the opinion of the Board of Directors will substantially benefit current and future occupants of the Andrews Farm Industrial Park, and 
WHEREAS, Downtown Development Authority has determined that a loan to the Downtown Development Authority for such purposes to be a public purpose pursuant to the provisions of Public Act 450 of 1981, as amended, and 
WHEREAS, The City Commission has approved an updated Development Plan dated September 2006 that specifically provided for the lending of funds to the Downtown Development Authority. 
NOW THEREFORE BE IT RESOLVED, by the Board of Directors of the City of Buchanan Andrews Farm Tax Increment Financing Authority that a loan in the amount of $250,000 be granted to the Downtown Development Authority subject to the following terms and conditions: 
1.) Transfer of funds shall be effective December 1, 2006. 
2.) Said loan will be a zero interest loan for a period of 15-years terminating on December 1, 2021. 
3.) Principal payment will be deferred for a period of five years with the first payment due on December 1, 2011. 
4.) Proceeds will be used specifically for infrastructure, business loans and other programs allowing for the repayment of funds. 
5.) If the Authority should be dissolved on or before the terminal date of loan, loan serving shall be assigned to the City Treasurer under the direction of the City Commission. 
RESOLUTION DECLARED ADOPTED this 23rd day of October, 2006. 
Below is a true and exact copy of what the Buchanan City Commission received that will be inserted into the minutes: 
 Resolution 2006.10/34, Resolution of Adoption City of Buchanan, Berrien County, Michigan Andrews Farm Tax Increment Financing Authority Development Plan Amendment 
WHEREAS, the City Commission of the City of Buchanan established a Tax Increment Financing Authority, on April 25, 1983, to prevent urban deterioration and to provide funds for the payment of public improvements necessary to attract development and promote the economic well-being of the Andrews Farm Industrial Park area located in the in the City of Buchanan, and 
WHEREAS, the Board of Directors of the Andrews Farm Tax Increment Financing District has deemed it necessary to update the Development Plan for the District setting forth revised income and expenditures necessary to be made to meet the objectives of the Authority, and
WHEREAS, Public Act 450 of 1981, as amended, requires the City Commission hold a public hearing prior to the adoption of an Amended Development Plan which was held on October 23, 2006, and 
WHEREAS, Mayor and Commissioners of the City Commission of the City of Buchanan do herewith find: 
1. The Amended Tax Increment Financing Plan constitutes a public purpose as defined in Public Act 450 of 1981, as amended, and 
2. The Amended Tax Increment Financing Plan meets the requirements of Section 13(2) and 16(c) of the Act, and 
3. The proposed method of financing the proposed development projects is reasonable and necessary to carry out the purposes of the Act, and 
4. The amount of captured assessed value estimated to result from adoption of the Amended Development Plan is reasonable, and 
5. The Amended Development Plan is in reasonable accord with the approved Comprehensive Plan for the City of Buchanan, and 
6. Public services are adequate to carry out the projects cited within the Amended Development Plan. 
NOW THEREFOR BE IT RESOLVED, The City Commission of the City of Buchanan, Berrien County, Michigan, as recommend by the Board of Directors of the City of Buchanan Andrews Farm Tax Increment Financing Authority, do herewith adopt the Amended Tax Increment Financing Development Plan dated October 2006. 
RESOLUTION DECLARED ADOPTED this 23rd day of October, 2006. 
"Appointments" for Commissioner Representation on Boards and Commissions 

Clerk Gladys Bybee thanked the Commission and City Manager for their patience and cooperation during the past few months of illness. She reported on the 2006 election and 2007 School Election, board/committee vacancies, forthcoming concentration on records retention and management, review and update on the website, and update/upgrade of channel 99 (as afforded). Discussion was shared. 

Mullendore reported that a special Request for Proposal (RFP) for Acquisition and Proposed Use for the Teen Center, 114 Oak Street had been sent out and published without response. She explained inquiries from two (2) interested private individuals wanting to purchase the building with the proceeds to possibly purchase another site currently for sale. She requested approval to develop a proposal to offer building for sale with minimum bid and authority to sign a purchase agreement for the new site. Discussion/questions were shared about an appraisal of the teen center, proceeds to purchase the new site to develop a youth center, and any leftover proceeds for seed money to manage/run a new center. Cole moved seconded by Harrington to authorize the City Manager to obtain a formal appraisal and/or assessor appraisal of the current teen center and speak to realtors about marketing the teen center parcel with the caveat that the two interested parties be excluded from the realtors' services. Roll call vote unanimous. 

The Mayor invited public comments for the submission of a grant request to the Federal Environmental Protections Agency (EPA) for a FY 2007 Hazardous Substances Assessment Grant. The clerk read into the record a letter of favorable support from Thaddeus R. Stephens, 316 Liberty Street. Dick Proud, 705 Ottawa Court and on behalf of the McCoy's Creek Trail Committee spoke in favor of the grant submittal. 

Mullendore reported on the city owned property (31 acres landlocked) adjacent to the 65 acres (FEN) owned by the Nature Conservancy and explained the meeting with the Board. She explained the three (3) year partnership between the Conservancy, City and Friends of McCoy's Creek Trail, noted the letter of support from the Friends of McCoy's Creek Trail, and recommended the Ecological Management Agreement with Nature Conservancy. She requested authorization to sign the final agreement after Attorney review. There was discussion regarding declined flora, animal/reptile species, look out decks and looping the McCoy's Creek Trail. Cole moved, seconded by Hagey to authorize the City Manager to sign the contract on behalf of the city after all details worked out with the Conservancy and legal review. Roll call vote carried unanimously. 

After brief explanation, Clark moved seconded by Cole to approve Resolution 2006.11/__, Meeting Time Change as submitted.RESOLUTION FOR ESTABLISHMENT OF MEETING TIME FOR REGULAR CITY COMMISSION MEETINGS. CHANGE IN THE TIME OF MEETINGS. 
WHEREAS, the Charter of the City of Buchanan, Michigan, provides in part as follows at Section 6.1: 
"Regular Meetings: The Commission shall hold regular meetings on the second and fourth Mondays of each month; it shall provide by resolution for the exact time and place of its meetings."; and 
WHEREAS, the Buchanan City Commission has determined that it would be in the best interest and for the common welfare of the City to commence the regular meetings of the City Commission at 7:30 p.m.; 
NOW, THEREFORE, BE IT RESOLVED by the City Commission that regular City Commission meetings shall commence at 7:30 p.m. commencing on December 11th, 2006. 
RESOLUTION 2006.11/36 DECLARED ADOPTED this 27th day of November, 2006. 

Mullendore comments: 

  • Holiday Lighting and Holiday Scavenger Hunt schedule 
  • Boy Scouts, Santa, and an Elf at the Farmers Market on Saturday 
  • Thanks to the twins for Hugs for food, Proud of parents Bob & Sandi 
  • Urged commissioners to turn in reservation for MML January meeting 
  • Second Commission meeting on Christmas Holiday, by Charter meeting would be held on Tuesday. Suggests cancellation of meeting with motion at next meeting to sign checks 


Harrington comments: 
none 
Hagey comments: 
none 
Cole comments: 

  • Welcome back Gladys 
  • Commended twins for collecting food for RAM Food Pantry 
  • Happy Thanksgiving 

Clark comments: 
* Same as Coles comments 
Moore comments: 

  • Try to get twins and helpers to assist with lighting the Common 
  • Compliment Staff on planning Holiday lighting, apology for missing the hunt 
  • Happy and Safe Holiday 


Hagey moved, seconded by Clark to go into Closed Session at 8:31 p.m. to review 11-20-06 minutes, Attorney-Opinion/Client Privileged Information. Roll call vote carried unanimous. 

The Mayor reconvened the meeting at 8:35 p.m. with no action taken in closed session.
Harrington moved, seconded by Cole to approve the 11-20 minutes for the Attorney-Opinion/Client Privileged Information as reviewed during closed session. Roll call vote carried unanimous.

Hagey moved, seconded by Cole to adjourn the meeting at 8:36 p.m. Voice vote carried unanimous.

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