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June 26 2017 Minutes

 June 26, 2017
The Mayor called the Public Hearing to order at 7:00 p.m. and invited public comments on the proposed resolution to vacate the undeveloped alley that is adjacent to Lots 9, 10, and 11 of English and Holmes addition as recorded in Liber 1342 page 1038 of Berrien County Register of Deeds.  Chris Avery, Redbud Trail asked why this alley had not been vacated in the past.  Marx replied it was tied up in litigation for some time.
Hearing no other verbal comments or receipt of any written correspondence, the Mayor adjourned the Hearing at 7:02 p.m.

The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, June 26, 2017 and was called to order by Mayor Hess at 7:02 p.m.
The Mayor led the Pledge of Allegiance. 

Commissioners present:  Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Daniel
Commissioners absent:    none
Staff present:                    City Manager Bill Marx, Zoning Administrator Debra Patzer,
                                         and Clerk Gladys Bybee                               
Guests/Visitors present:   13 visitors

Cole moved, seconded by Toerne to approve the Consent Calendar as presented.  Roll call vote carried unanimously.  
•    Agenda
•    Minutes: Regular scheduled meeting, June 12, 2017
•    Checks 74927 to 75005 in the amount of $71,448.60
•    Reappoint Roger Long to the Construction Board of Appeals to another three year term ending 2020
•    Reappoint Alice Kring, Samantha Blevins, Karin Falkenstein and Megan Goodrich to the Buchanan Area Fine Arts Council to another four year term ending 2021     
•    Reappoint Dan Vigansky to the Joint Water Sewer Board to another three year term ending 2020
•    Reappoint Patricia Moore to the Zoning Board of Appeals to another three year term ending 2020
•    Appoint the DDA Chairperson and the Mayor to the Brownfield Redevelopment Board to a three year term ending 2020
•    Reappoint Richard Gault and Kevin Barker to the Planning Commission to another three year term ending 2020
•    Appoint Dave Perez and Ashley Hanson to the Buchanan Area Recreation Board to a three year term ending 2020
•    Excuse Commissioner Dale Toerne’s absence from the City Commission Meeting  held on June 12, 2017

Buchanan Area Senior Center Executive Director Monroe Lemay could not be in attendance due to an emergency.

Patzer explained the proposed ordinance and questions were answered.   Cole moved, seconded by Moore to approve the ordinance as presented.  An Ordinance to amend the City of Buchanan, Michigan Code of Ordinances Chapter 106, Vegetation Article II. Trees, Division 1. Generally, Section 106-26. Definitions by Adding Vegetation Amending Division 2. Municipal Arborist, Section 106-41, Duties; and Division 3. Permits, Section 106-56, Planting and Maintenance. THE CITY OF BUCHANAN ORDAINS:
Sec. 106-26 Definitions. (add)
Vegetation means recognized ornamental perennials not exceeding 16 inches in height. 
Sec.106-41. – Duties
The municipal arborist shall have the authority to promulgate the rules and regulations of the arboricultural specifications and standards of practice governing the planting, maintenance, removal, fertilization, pruning and bracing of trees on the streets or other public sites in the city, and shall direct, regulation and control the planting, maintenance, and removal of all trees and vegetation growing now or hereafter in any public area of the city.  He shall cause the provisions of this article to be enforced.  In his absence these duties shall be the responsibility of a qualified alternate designated by the city.
Sec.106-56 – Planting and Maintenance
(a) No person shall plan, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or city-owned property or plant any form of vegetation on city owned property or in the public right-of-way without first filing an application and procuring a permit from the municipal arborist or otherwise specified municipal authority.  The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by the municipal arborist. 
Roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne. NAY: Vigansky.  Ordinance 2017.06/403 declared adopted.
Patzer reported that adjacent property owner Daniel Roberson requested that the alley be vacated and explained.
Toerne moved, seconded by Cole to approve the resolution as presented. Vacation of undeveloped alley that is adjacent to Lots 9, 10, and 11 of English and Holmes addition as recorded in Liber 1342 page 1038 of Berrien County Register of Deeds
WHEREAS, the City Commission of the City of Buchanan unanimously voted at a regularly scheduled public meeting on May 22, 2017 to call a Public Hearing on the 26th day of June, 2017, at City Hall, 302 N. Redbud Trail, in said City at 7:00 p.m. to hear and consider objections thereto by persons opposed to or interested in the vacation of the alley, and
WHEREAS, THE Commission has received comments at a public hearing held on June 26, 2017; and
WHEREAS, the alley described above is shown on certain maps and plats as a public alley in the Plat of English and Holmes Addition; and
THEREFORE, BE IT RESOLVED, that the undeveloped alley that is adjacent to Lots 9,10, and 11 of English and Holmes Addition as recorded in Liber 1342, page 1038 of Berrien County records is vacated pursuant to the provisions of the Land Division Act of 1967 and the Charter of the City of Buchanan, Section 8.2.
Roll call vote carried unanimously.  Resolution 2017.06/156 declared adopted.
Marx explained the security situation at the Waste Water Treatment Plant.  Vigansky moved, seconded by Cole to approve Quotation # 050517-7 from Vermillion Systems Inc. for a Security Camera System at Waste Water Treatment Plant for the sum of $9,605.00.  Roll call vote carried unanimously.

Patzer explained the proposed draft 3 ordinance was printed before Assistant City Attorney had responded, although she did hear from him this evening and received suggested changes. She confirmed she would include the Attorney language which would be draft 4 and address other Commissioner’s concerns this evening.  Questions and discussion were shared with Commission members, Patzer and Marx.   Moore moved, seconded by Cole to introduce the Medical Marihuana Ordinance as discussed.  Roll call vote carried unanimously.
Marx explained the budgeted dump trailer capable of transporting equipment around town and forwarded favorable recommendation from staff.   Cole moved, seconded by 

Toerne to approve purchasing the Pratt DT83214T Dump Trailer from Pratt Industries for the sum of $8,040.00.  Roll call vote carried unanimously.

Kent Caulder, Schirmer Parkway explained his concern of speeding due to lack of signage and enforcement on Schirmer Parkway; intersection of Woodside/ Schirmer/entryway to McCoy Creek Trail.  He invited anyone to sit at his house to confirm his findings.  Norma Ferris, Oak Street was concerned about the dire condition of all City signs on all City streets.  Ben Davison, Boyle Road asked about permission to sell firewood on City Property.  The City Manager interjected that he left a message on Davison’s phone and would speak with him after the meeting.

City Managers comments included items from weekly briefing, upcoming events, continued smoke testing and learning that certain customers have storm water connections to City sewer that shouldn’t be.   He presented a promotional brochure for the City that was developed for the Berrien County Youth Fair City of Buchanan booth.  Eleven craft booths reserved for Thrill on the Hill with a construction meeting held today. 

Commissioner’s announced upcoming events, proud that United FCU sponsoring youth savings plans, City Welcome signs need painting, SEBCL gave over $12,000 in scholarships to Buchanan High School students; congratulations to students, new Third/Front stop light crosswalk hand does not change, vehicles don’t stop downtown for crosswalks; needs enforcement, list of signs given to the Mayor, great attendance at Thursday night concerts, and several volunteers, “Make a Difference in Buchanan” cleaned up Riverfront Park and found some personal dumping on the property.  Mayor Hess explained several of her colleagues with Buchanan Schools developed the “Little Bus Bookmobile” and they are traveling around the area providing books and snacks.  

Cole moved, seconded Vigansky by to adjourn the meeting at 8:13 p.m. Voice vote carried unanimously.

______________________________                          _____________________________________
Gladys M. Bybee, City Clerk                                         Brenda J Hess, Mayor


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