Council Proceedings

August 13, 2007

Page 3

CITY OF FENTON COUNCIL PROCEEDINGS

Monday, August 13, 2007

City Hall Council Chambers

301 South Leroy Street

Meeting was called to order by Mayor Osborn at 7:30 P.M.

The invocation was offered by Paster Dumbrille of Trinity Lutheran Church of Fenton, followed by the Pledge of Allegiance.

Present: Angeluski, Hammond, King, Moffitt, Osborn, Rauch.

Absent: North (excused).

Others Present: Michael Senyko, City Manager; Stephen Schultz, Legal Counsel; Rick Aro, Police Chief; Les Bland, DPW Director.

MINUTES

Moved by Rauch, seconded by Moffitt to approve the minutes of the July 16, 2007 special meeting and the July 23, 2007 regular meeting as written. Motion carried by voice vote.

ACCOUNTS PAYABLE

Moved by Moffitt, seconded by Hammond to authorize payment of invoices in the amount of $398,359.42.

Yeas: Angeluski, Hammond, King, Moffitt, Osborn, Rauch.

Nays: None.

Absent: North. Motion carried.

CORRESPONDENCE, MINUTES & REPORTS

Moved by King, seconded by Hammond to place on file the following minutes:

·  Minutes of the June 27, 2007 Development Area Citizens Council meeting.

·  Minutes of the June 28, 2007 Planning Commission meeting.

Motion carried by voice vote.

RESOLUTION NO. 07-22 – ANDRICO’S LIQUOR LICENSE TRANSFER

Moved by Osborn, seconded by Hammond to grant the applicant’s request to table Resolution No. 07-22 until a full council is present. Motion carried by voice vote.

RESOLUTION NO. 07-23 – ELIZABETH STREET SPECIAL ASSESSMENT

Senyko explained this is the fourth step required in the special assessment process. Resolution No. 07-23 authorizes the Council to review the Special Assessment roll and sets a public hearing for August 27, 2007 for the public’s review of the roll. The project is scheduled to be completed yet this fall. Bids are due on August 14th at 2:00 PM.

Moved by Hammond, seconded by King to adopt Resolution No. 07-23 authorizing Council to review the Elizabeth Street Infrastructure Improvement special assessment roll and set a public hearing for August 27, 2007.

Yeas: Hammond, King, Moffitt, Osborn, Rauch, Angeluski.

Nays: None.

Absent: North. Resolution declared adopted.

DPW TRUCK BIDS

Bland reported that bid packets were sent out and only one bid was received because most dealerships do not yet have the 2008 pricing. He stated there was also a part of the specifications which was slightly confusing. To be fair to all eligible bidders, he requested that Council reject the bid and allow him to rebid in approximately three weeks.

Moved by Rauch, seconded by Moffitt to reject the DPW Truck Bid which was received and authorize the DPW Director to rebid in three weeks. Motion carried by voice vote.

HOT IN PLACE PAVING

Bland reviewed the hot in place paving process and requested that Council accept the quote received from Gallagher Asphalt Company of Thornton, Illinois.

Dawn Overmyer, 826 Southwood Drive, asked why Council was not considering bonding for this project as discussed at the budget work session. Senyko explained that bonding is a major planning effort. This process is not a long term solution, currently there is no money to finance road paving. A plan is being formalized with the City engineers to rate all city streets. Overmyer asked if another ten streets will be done next year. She feels that her street is worse than any of the proposed ten streets for this year.

Bland explained that the area was chosen because of the size of the machine. It keeps the cost down if the equipment can remain in the same area for repairs.

Moved by Hammond, seconded by Angeluski to accept the quote from Gallagher Asphalt Company of Thornton, Illinois to use hot in place paving on ten City streets for a fee not to exceed $150,000. Motion carried by voice vote.

PEG AGREEMENT (Tabled from July 23, 2007)

Senyko reported this is an agreement for PEG fees for Linden Community Schools as approved by the FACT Consortium in the amount of $40,920.28. He noted there is no fiscal impact on the City; all money is derived from PEG fees.

Angeluski felt the school had done a poor job of providing information. He stated the list of expenditures was vague and confusing. Senyko stated the agreement was tabled by the FACT Consortium until they received additional information. The information was provided and the agreement was then unanimously approved.

Moved by Rauch, seconded by Hammond to approve the request of Linden Community Schools for PEG fees in an amount no-to-exceed $40,920.28 to be used for the purchase of capital equipment. Motion carried by voice vote.

LEORTC TRAINING CONSORTIUM

Aro stated he was seeking approval to become a member of the Law Enforcement Officer Regional Training Consortium. He noted that the City would be required to contribute its training funds received from the State, however the consortium pools its resources to provide more frequent and better training.

Moved by King, seconded by Angeluski to grant approval for the Fenton Police Department to become a participating member of the Law Enforcement Officer Regional Training Consortium. Motion carried by voice vote.

ST. JOHN APPLEFEST ROAD RACE

Moved by Hammond, seconded by Moffitt to approve the request of the St. John Applefest Committee to conduct the 28th Annual Applefest Road Race on Saturday, September 15, 2007. Motion carried by voice vote.

ST. JOHN APPLEFEST BANNER REQUEST

Moved by King, seconded by Moffitt to approve the request of St. John the Evangelist Church to place banners over various city streets to promote the 35th Annual St. John Applefest conditioned on compliance with all city specifications. Motion carried by voice vote.

TRAFFIC CONTROL ORDER NO. 07-05

Moved by Rauch, seconded by Moffitt to officially approve Traffic Control Order No. 07-05 to install “No Parking” signs on the west edge of Park Street adjacent to Freedom Park. Motion carried by voice vote.

PLANNING COMMISSION RESIGNATION

Moved by Osborn, seconded by King to accept the resignation of Thomas McDowell from the Fenton Planning Commission. Motion carried by voice vote.

PLANNING COMMISSION APPOINTMENT

Osborn recommended that this appointment be sent back to the Planning Commission for further review of additional applications. Motion carried by voice vote.

CALL TO AUDIENCE

Dawn Overmyer, 826 Southwood, inquired about the process for handling vacant or abandoned houses when a real estate company is not involved. Senyko stated that the property owners are cited, the grass is mowed and the owner is charged. He advised her to contact city hall to report these homes. Overmyer then asked if the water restriction applied to commercial properties. She reported seeing several businesses who continued outdoor watering during the voluntary water restriction period. Senyko reported the ban had been lifted. Angeluski expressed his desire for the water plant committee to meet more often.

CITY MANAGER’S REPORT

Senyko expressed his appreciation to the citizens of Fenton for complying with the voluntary water restrictions.

COUNCIL MEMBER COMMENTS

Rauch reported that water personnel stopped by his residence to speak with him in regards to his outdoor watering. He informed them he waters from the mill pond.

Angeluski expressed concerns over the water and is glad the City is keeping the public informed.

King reported on an alternate waste hauling system and requested that management investigate the details.

LEGAL COUNSEL

Schultz reported that the City’s cost recovery ordinance was recently challenged by Allstate Insurance Company. He was successful in defending the ordinance.

MAYOR’S COMMENTS

Osborn reported that she and Senyko are working with Senator Gleason to orchestrate a rally at the Secretary of State office on North Leroy on August 20, 2007 at 11:00 AM in protest of Secretary Land’s plan to combine offices with Clarkston and relocate in Oakland County.

CLOSED SESSION

Moved by Osborn, seconded by Hammond to enter into closed session for a strategy session connected with negotiation of a collective bargaining agreement.

Yeas: King, Moffitt, Osborn, Rauch, Angeluski, Hammond.

Nays: None.

Absent: North. Motion carried.

Recessed to closed session at 8:50 PM.

Reconvened to open session at 9:36 PM.

Meeting adjourned at 9:37 PM.

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Sue Osborn, Mayor Melinda Carrier, City Clerk