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May 11, 2009 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
May 11, 2009

Mayor Clark called the public hearing to order at 7:00 p.m. and invited interested parties to express public comments regarding growth of weeds, grasses and plant growth in excess of 8 inches and the growth of noxious weeds which is detrimental to the public health and general welfare.  Consideration to take final action will occur at the May 26, 2009 City Commission Meeting at City Hall.  Being no public comments or receipt of written comments, Moore moved, seconded by Weaver to close the public hearing at 7:01 p.m. Voice vote carried unanimous.


The regular meeting of the City Commission was held at Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Monday, May 11, 2009.  Mayor Clark called the meeting to order at 7:02 p.m.
  
The Pledge was recited by all in attendance.  No Invocation was heard.

 Mayor Pro Tem Carla Cole read the biography and the Mayor presented the Citizen Appreciation Recognition Award to Cariel Keller. 
 
Commissioners present: Barbara Clark, Carla Cole, Patricia Moore, William Norton, Warren Weaver Commissioners absent:  None
Staff present: City Manager Meg Mullendore, Fire Chief Tim Gowen, DDA Director Debra Patzer, and Clerk Gladys Bybee
Guests/Visitors present: Abonmarche Representative Kenton McAndrew and 18 visitors including 1 reporter
    
Lorne Kay of Third Street was opposed to the City Hall Office Hours going to four ten hour days (4/10’s) as it wasn’t in the best interest of the public trying to do business at City Hall.  He also opposed the $2,000 being used to purchase a computer that would belong to the City Manager. 
  
Alice Kring, Chamber of Commerce President clarified that the times had been reversed on the Street Closure and No Parking Request’s she had submitted for Old Mill Festival. The Mayor confirmed the request to amend the Consent Calendar to include one check on the Check Register, replace the “Ordinance Providing for the Issuance of Revenue Bonds” under Unfinished Business with a corrected one, and add “Sale or Lease of Property” under Closed Session.  
Moore moved to amend the Agenda to remove items C., D., and E. under New Business as no information was distributed with the Friday packet, Cole seconded the motion and discussion followed.  Roll call vote failed.  YEAS: Cole, Moore. NAYS: Norton, Weaver, Clark.  Cole moved seconded by Weaver to amend the agenda with the inclusions/corrections as previously confirmed by the Mayor.  Roll call vote carried unanimously.   Cole moved, seconded by Moore to approve the Agenda as amended.  Roll call vote carried unanimous.  
• Agenda with inclusions and corrections
• Minutes: Regular Meeting April 27, 2009
• Checks 57147 to 57238 in the amount of $121,767.57
• Introduce Ordinance 2009.__/__, Amending Chapter 14, Article VIII, Sec. 14-292
AN ORDINANCE OF THE CITY OF BUCHANAN, AMENDING CHAPTER 14, BUILDING AND BUILDING REGULATIONS, ARTICLE VIII, PROPERTY MAINTENANCE CODE, SECTION 14-292, AMENDMENTS, BY AMENDING SECTIONS 106.3 AND 302.4 OF THE 2000 INTERNATIONAL MAINTENANCE CODE TO ALLOW THE CITY AUTHORITY TO ENTER UPON PROPERTY IN VIOLATION OF ITS ORDINANCES; TO CUT AND DESTROY WEEDS GROWING THEREON; AND TO MAKE THE OWNER OR AGENT OF THE PROPERTY RESPONSIBLE FOR THE COST THEREOF.
• Banner Placement Form; Community Wide Garage Sales
• Banner Placement Form; Old Mill Festival ~ Summers Last Stop
• Street Closure and No Parking requests for Old Mill Festival:
       1. Roe Street Closure from Days Avenue to Oak Street
       2. Front Street No Parking from Redbud to Oak Street; 7:00 a.m. to 1:00 p.m.
       3. Front Street Closed for 5K Run and Parade from 4:00 p.m. to 10:00 p.m.
       4. Days Avenue from Front Street to Roe Street

Daleen Granger President of the Fine Arts Council gave a detailed report on the Tin Shop Theatre. She explained the renovations to the building as a result of the creek flooding, their wish list, and open seats on the board. Commissioners and Granger shared questions and discussions.

Fire Chief Tim Gowen distributed a written quarterly report and summarized while all reviewed.  He did note last year’s fire calls and explained the replacement of the 1979 fire truck and ISO Rating status effect for property owners in the City. He announced that Buchanan City was the first in Berrien County as a Volunteer Fire Department to be qualified to join Michigan Mutual Aid Box Alarm System (MABAS).  Greetings were shared and questions and discussion about the MABAS Program followed.

The DDA request for the $250,000 Loan Forgiveness was removed from the table. Weaver and Cole were concerned about the loss of State Revenue Sharing funds thus forgiveness could not be granted.  Moore made a motion to appoint a committee made up of the City Manager, DDA Chairman, DDA Director, Mayor, and other Commissioner Representative to calculate an Alternative payment schedule based on a formula of the increased property values due to monies invested in the downtown. Cole seconded the motion.  Mullendore further explained and confirmed that the Committee would review the term of loan, amount of payback, etc. to come up with a repayment plan to bring back to the commission for a final determination.  Motion failed by majority voice vote. YEAS: Cole, Moore. NAYS: Norton, Weaver, Clark.  Norton moved, seconded by Weaver to deny the forgiveness of the $250,000. loan as requested. Motion carried by majority voice vote. YEAS: Moore, Norton, Weaver, Clark. NAYS: Cole.

Moore moved, seconded by Cole to approve the Michigan Department of Transportation (MDOT) Contract No. 09-5153 for the purchase of the natural gas street sweeper and Resolution Authorizing Officials to endorse the MDOT Contract as recommended. Voice vote carried unanimous. Resolution 2009.05/19 declared adopted and attached as part of this record.

Kenton McAndrews from Abonmarche distributed the Contract Cost Summary for the Buchanan SRF Project, M7-0869 for the bids that were opened on April 23rd in the total amount of $2,281,421.00 and with ARRA Funding reductions making the total construction loan $1,320,994.17.  He explained in detail about the stimulus and green funding and discussion was exchanged with Commissioners regarding bids evaluation, and oversight by an Onsite Director. Resolutions attached as part of this record. Moore moved, seconded by Cole to approve Resolution 2009.05/20 awarding the bid for the Lift/Pump Station Improvements to Beaudoin Construction in the amount of $178,500. as presented.  Roll call vote carried unanimous.

Moore moved, seconded by Weaver to approve Resolution 2009.05/21 awarding the bid for Contract #1 – CIPP Sewer Lining to Utility Services Authority in the amount of $74,096. as presented.  Roll call vote carried unanimous.

Moore moved, seconded by Cole to approve Resolution 2009.05/22 awarding the bid for Contract #2 – Third Street to Utility Services Authority in the amount of $28,825. as presented.  Roll call vote carried unanimous.

Moore moved, seconded by Norton to approve Resolution 2009.05/23 awarding the bid for Contract #3 – Wastewater Treatment Plant Renovations to Pearson Construction Company in the amount of $2,000,000. as presented.  Roll call vote carried unanimous.

Mullendore reported that the financial planners advised changes to the proposed ordinance amending  Ordinance No. 344 and Ordinance No. 349.2000 to provide for the issuance of Revenue Bonds to pay costs of acquisition and construction of water main, sanitary sewer, and storm water sewer improvements; to prescribe the form of the bonds; to provide for the collection of revenues from the system sufficient for the purpose of paying the costs of operation and maintenance of the system and to pay the principal of and interest on the bonds; to provide for the segregation and distribution of the revenues; to provide for the rights of the holders of the bonds in enforcement thereof; and to provide for other matters relating to the bonds and the system.  Moore moved, seconded by Cole to approve the Ordinance reflecting the amendments as proposed by the City Manager.  Commission confirmed that a new rate increase would not be forthcoming. Mullendore confirmed the cost of living annual increase (July 1) and no more. Roll call vote carried unanimous Ordinance 2009.05/379 declared adopted and attached as part of this record. 

Alice Kring, Chamber of Commerce President reported that the request was the same as last year except for use of the copier for the printing of maps and permits.  She explained her written request in detail. Commission again considers Agreement from Buchanan Chamber of Commerce to host the City Wide Garage Sale on June 19th and 20th.  Upon staff recommendation, Weaver moved, seconded by Norton to approve the agreement from the Chamber of Commerce as an annual agreement to pay the Chamber $500 of the permit fees collected at City Hall to cover their labor and advertising costs; that they be allowed to print maps and permits on the City Hall copier with Chamber provided paper; and the City allow use of the City owned parking lot on the north side of 204 N. Redbud Trail for more sales space. Roll call vote carried unanimous.

Mullendore reported that she had researched other communities that have implemented the four ten hour days (4/10’s) for energy cost savings ($5,000 to $10,000) as well as the extended two hours availability to the public, thus she has the 4/10’s scheduled to begin with the new fiscal year beginning July 1, 2009.  Discussion was shared with Commissioners, Manager, and Public with Mullendore confirming that she has given autonomy to other departments if they choose to change their work hours.  Norton moved, seconded by Cole to table the decision to implement the 4/10’s until further review and discussion. Roll call vote carried unanimous.

The Mayor reported that brush pick up was brought to her attention due to non pick-up of pruned trees.  Mullendore confirmed that the issue was with resident’s doing tree removal on private property and putting out the branches for the City to clean up (as has been an issue in years past). She explained that the Brush Pick-Up Service was only for naturally fallen branches once a month although an amenable solution to limit the amount of brush would be welcome. After discussion between Commission, Manager, and public, Weaver moved, seconded by Cole to limit the brush pick-up service to a six foot by six foot pile on the tree lawn, branches no larger than four inches in diameter and absolutely no pick-up of brush if the resident has used a service to prune/remove a tree on private property. Roll call vote carried unanimous. 

Due to confusion with the Reliable Trash Contract on the monthly charges, extra charges, and rates for seniors and/or choice of recycling, Norton requested clarification. After the City Manager explained the contractual costs and regulations, discussion was shared with Commission and Public.  The gavel was sounded twice and brief discussion followed about the one dollar ($1.00) increase per month, option of recycling, and opting out.

The Mayor reported she was approached about the City purchasing a computer for the City Manager’s personal use and wanted to clarify the purpose of such use.  Discussion ensued between Mullendore and resident Lorne Kay and the gavel was sounded.  Mullendore shared discussion with other residents and the Commission regarding use of the computer. Commission concurred that it would be an advantage to the City as the City Manager could perform some of her duties at home or when away on City business.  The gavel was sounded.  Daleen Granger was concerned about the public information and disposition of the computer; Cole and Moore confirmed the information was not public and stated it would be obsolete in a couple years and the computer would remain the Manager’s property. Resident Donna Norton stated her concern was that the computer would necessitate unusual personal hours and could compromise City information.  Commissioner comments were heard regarding the City Manager work time in the office and at home (comp time).

Third Street Resident Lorne Kay stated the Commissioners and Manager have done some good for the City.

City Manager and City Commissioners’ comments were heard and the Mayor called a recess at 9:40 p.m. to sign checks

Moore moved seconded by Weaver to go into closed session at 9:50 p.m. to review minutes from April 27, 2009 closed session and to consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained.  Roll call vote carried unanimous. 

The Mayor reconvened the regular meeting at 10:03 p.m.

Moore moved, seconded by Cole to approve the Closed Session Minutes for April 27, 2009 as reviewed in closed session.  Roll call vote carried unanimous.

Weaver moved, seconded by Cole to purchase the 5/3 Bank building on the corner of Front and Liberty in the amount of $249,000 for the use of City Hall.  Roll call vote carried unanimous.

Cole moved, seconded by Norton to adjourn the meeting at 10:05 p.m. Roll call vote carried unanimous.

__________________________                       ____________________________
Gladys Bybee, CMC-City Clerk                          Barbara J. Clark, Mayor

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