COUNCIL PROCEEDINGS FOR SEPTEMBER 27, 2004

 

Meeting called to order at 7:00 P.M. by Mayor Carpenter.

 

Pledge of Allegiance led by City Attorney Garno.

 

PRESENT: Mayor Laura Carpenter; Councilmembers –Pat Jacobson, Julie Miller, Eugene Navock, Jo Ann Potts, Frank Lukacs, Christine Lee, City Attorney Gerard Garno, Interim City Manager Ken Brown, City Clerk Kelly Pavel.

 

ABSENT:  None

 

CORRECTION AND APPROVAL OF MINUTES:

 

9-13-04 Minutes

-         Page 2 of 7, #9 to read “wrongdoing”

-         Page 6 of 7, paragraph 1 to read an annual review “of the driving records” of City employees’, who use municipal vehicles.

 

Moved by CM Miller, second by CM Potts to accept the September 13, 2004 minutes as corrected.  Motion carried.

 

9-19-04 Special Meeting Minutes

-         Page 1 under Old Business to read project evaluations “due” to engineering costs.

-         Page 1 motion under Old Business to read the Schoen Project and the “Wheeler project on the corner of Walter and 1st Streets” Storm Drain Project be evaluated…

-         Page 1, paragraph 3 under Old Business to read reviewed with the Council a few “legal” guidelines…

 

Moved by CM Miller, second by CM Potts to accept the September 19, 2004 Special Meeting Minutes as corrected.  Motion carried.

 

Moved by CM Jacobson, second by CM Miller to pay the bills in the following funds:  General - $37,626.39, Payroll - $12,442.30, Sanitary - $581.74, Major Street - $155.00, Local Street - $155.00, Investment - $40,411.28.  Motion carried.

 

OLD BUSINESS

 

-         Paul Czap water drainage work has been started

-         Library lease will be addressed by Ken at 9/28/04 Library Board meeting

-         Update on Bullock project

-         Dixon Engineering has been paid

-         Schoen approach will be done, no estimates have been received as of yet

-         Risk Management update

-         Law Suit regarding 12/03 sidewalk fall update

-         Windows and doors for City Hall have been ordered

-         Dangerous building on Maple Valley Road update

-         Water & Sewer Committee will review water rate increases

-         Trees have been cut by State of MI, follow-up in Spring of 2005 needed for replacements

-         City fees and permits reviewed

 

PUBLIC QUESTIONS & COMMENTS

 

Larry Bullock, Third Street resident informed the council on water he feels is being routed onto his property from his neighbor Gary Abel.  Mr. Bullock already has a water problem and is concerned about additional waters on his property.  Mr. Bullock wanted to go on record with his situation and to be sure the council was aware of his complaint.

 

Gary Abel, Third Street resident explained to the council his intention to construct a retaining wall in his back yard to stop any water flowing from his property to Mr. Bullock’s property.

 

PERSONAL APPEARANCES

 

1.     Kim Hart from Market Value Real Estate explained to the council the intentions of one of her clients in developing a barbershop and packaging shop at 7047 Maple Valley Road property.

2.     Todd Vandewarker, 6930 Maple Valley Road.  Clarification of City Ordinances has determined that Mr. Vandewarker is not in need of a variance for constructing his pole barn.

 

PUBLIC HEARING – none

 

ORDINANCES – none

RESOLUTIONS

 

Moved by CM Miller, second by CM Lee to adopt Resolution #04-22, which is a resolution approving purchase contract, note agreement and related matter “necessary for a USDA loan to buy land in the renaissance zone” per 10-11-04 meeting.  ROLL CALL VOTE:  Lukacs – yes, Navock – yes, Potts, -yes, Miller –yes, Lee –yes, Jacobson –yes.  6-yes, 0-no, 0-absent, 0-abstain.  Motion carried.

 

PETITIONS AND COMMUNICATIONS: - None

 

COMMITTEE REPORTS: 

 

1.     Police – none

2.     Water & Sewer – none

3.     Tax & Finance – none

4.     Streets & Sidewalks – none

5.     Buildings & Grounds – none

6.     Personal – none

7.     Brown City Day’s Committee – none

 

POLICE CHIEF’S REPORT – none

 

CLERK’S REPORT:

 

Moved by CM Miller, second by CM Lee to appoint Pam Abel, Betty Spencer, Kathleen Loutzenhizer, Pat Hahnefeld, Richard Williams Sr., Richard Baysdell, Paula Baysdell, Ruth Ann Hayward, Helen Lints and David R. VanCura as election inspectors for the November 2, 2004 General Election.  Motion carried.

 

ADMINISTRATIVE ASSISTANCE REPORT

 

-         City fee schedules were distributed to council for review

-         Need to establish a City Policy Book was discussed

-         Sample permit sign distributed to council for review

-         Sheet explaining what permits are needed for were distributed to council for review “but not yet approved by council” per 10-11-04 meeting.

-         Request that new laser checks be ordered for the water and equipment funds.  These checks can be color coded for each fund.

 

Moved by CM Lee, second by CM Miller to order 1000 laser checks from Pontem Software at $250.55 for water and equipment funds.  Motion carried.

 

ATTORNEY’S REPORT

 

1.     Further research is being completed on the water rate ordinance

2.     Building permits proposal will be further reviewed and cross checked with Chapter 8 for any changes that may need to be made

3.     Update on Master Plan & Zoning map update

4.     Research on Mr. Owens hours is not complete.  Determining what hours can actually be booked for the City Park and/or City of Brown City

5.     Update on the Risk Management project

6.     USDA Loan closing as well as closing on Muxlow/Kohler property is scheduled for 9/30/04 at 2:00 p.m. and 3:00 p.m. Reminder to council that the USDA Loan must be paid in full at the time that this property is sold if ever.

7.     Discussion on various issues pertaining to Mr. Clint Holmes contract for City Manager was discussed with the council.

8.     Council needs to decide how long Mr. Brown will stay on working with Mr. Holmes to bring him up to speed with City business, if at all.

 

Moved by CM Jacobson, second by CM Potts to grant a monthly car allowance of $300.00 to Mr. Holmes upon his start as City Manager.  ROLL CALL VOTE:  Lukacs-yes, Navock-yes, Potts-yes, Miller-yes, Lee-yes, Jacobson-yes.  6-yes, 0-no, 0-absent, 0-abstain.  Motion carried.

 

Council agrees that no additional coverage to Mr. Holmes’s son will be provided for health insurance “beyond what is normally provided for City employee dependents.” Per 10-11-04 meeting.

 

Moved by CM, Potts, second by CM Jacobson to reimburse COBRA costs to Mr. Holmes for up to two (2) months beginning on his start date with the City of Brown City.  ROLL CALL VOTE:  Lukacs-yes, Navock-yes, Potts-yes, Miller-yes, Lee-yes, Jacobson-yes.  6-yes, 0-no, 0-absent, 0-abstain.  Motion carried.

 

Moved by CM Lukacs, second by CM Navock to establish Mr. Holmes start date with the City of Brown City as November 4, 2004 contingent on him meeting all contractual requirements.  ROLL CALL VOTE:  Lukacs-yes, Navock-yes, Potts-yes, Miller-yes, Lee-yes, Jacobson-yes.  6-yes, 0-no, 0-absent, 0-abstain.  Motion carried.

 

Council agrees that no additional monies will be provided to Mr. Holmes toward moving expenses.

Moved by CM Miller, second by CM Navock to allow Ken Brown to work with Mr. Holmes as long as necessary after Mr. Holmes arrival.  ROLL CALL VOTE:  Lukacs-yes, Navock-yes, Potts-yes, Miller-yes, Lee-yes, Jacobson-yes.  6-yes, 0-no, 0-absent, 0-abstain.  Motion carried.

 

INTERIM CITY MANAGER’S REPORT

 

1.     Update on 3rd Street ditch project

2.     Ken will attend the Library Board Meeting on 9/28/04 to discuss a possible lease agreement with them on the Burger building.

3.     Update on the abandon well project

4.     DARE program update

 

Moved by CM Lee, second by CM Potts to establish Trick-or-Treat hours for October 31, 2004 from 5:30 p.m. – 7:30 p.m.  Motion carried.

 

Moved by CM Miller, second by CM Lee to have DPW flush hydrants the week of 10-11-04 during regular working hours.  Motion carried.

 

MAYOR’S REPORT

 

If Maple Valley Road will be closed for ditching work, the school needs to be notified for bus route purposes.

 

GENERAL CONCERN OF COUNCIL – none

 

Moved by CM Miller, second by CM Jacobson to adjourn at 8:48 p.m.  Motion carried.

 

Respectfully submitted,

 

 

 

Kelly Pavel

City Clerk