Potterville City Council Minutes – Amended
Friday, February 28, 2014– 8:00 p.m. – Potterville City Hall, 319 N. Nelson Street
Call the Meeting to Orderby Mayor D. Hartson
Pledge of Allegiance
Roll Call –Present: Mayor D. Hartson, R. Norman, and J. French (arrived 8:10pm), M. Storie, K. Antcliff, L. Amey, and R. Ross
Absent: NONE
Agenda Approval
Motion made by L. Amey to approve the agenda as presented, supported by K. Antcliff. Motion carries (6-0)
Motion made by M. Storie to change #6 of New Business to Budget Amendment 2013/2014 – For Discussion, supported by K. Antcliff. Motion carries (7-0)
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Approval of Minutes
- Regular Session 1-17-14
Motion made by L. Amey to approve the Minutes of January 17, 2014 as presented, supported by R. Ross. Motion carries (6-0)
- Special Meeting 1-30-14
Motion made by M. Storie to approve the Minutes of January 30, 2014 as presented, supported by R. Ross. Motion carries (5-0)
L. Amey abstained from vote.
Authorization of Bills
Motion made by R. Ross to approve the bills for February 2014 as presented with additions, supported by K. Antcliff. Roll Call Vote (Aye: R. Norman, L. Amey, K. Antcliff, M. Storie, D. Hartson, R. Ross) (Nay: NONE) (Absent: J. French)
Motion carries (6-0)
Authorization of Bank Rec’s
Common – October 2013, November 2013, December 2013
Tax – November and December 2013, January 2014
Street – November and December 2013, January 2014
Payroll – November 2013, December 2013
Motion made by R. Ross to approve the Common – October 2013, November 2013, December 2013; Tax – November and December 2013, January 2014; Street – November and December 2013, January 2014; Payroll – November 2013, December 2013 bank rec’s as presented, supported by R. Norman. Roll Call Vote (Aye: L. Amey, K. Antcliff, M. Storie, J. French, D. Hartson, R. Ross, R. Norman) (Nay: NONE) Motion carries (7-0)
Public Comment for Agenda Items
NONE
Council/Mayor Brief on New Business
Mayor Hartson gave quick brief of new business.
Commission/Committee Reports
TIFA – J. French: TIFA approved funding for Environmental Donation to BID, also approved funding for Poppa Chips improvements.
Planning Commission – Met and approved Site Plan for Lansing Road LLC. WOW! Will have a long term lease on this building.
DDA – M. Storie; Main focus of meeting was the Farmers Market. Moving forward and hope to have completed by May 2014.
Infrastructure Committee – Had meeting with MDOT and Rural Development
Clerk / Manager / Finance – D. Hartson; Met and discussed Budget Amendment, Well #2, Clerk Review, TIFA contribution to BID for environmental issue, and Rural Development.
Parks Committee – DID NOT MEET Meeting set for March 11, 2014 @ 6:30pm.
Business Improvement District – Met to discuss Environmental Issue in the City. Was approved by BID with City approaching TIFA for donation.
Ordinance Committee – DID NOT MEETCommunications Committee – DID NOT MEET
Public Safety Committee – DID NOT MEET Ethics– DID NOT MEET
Animal Committee – DID NOT MEET. M. Storie has completed animal permit and was sent for review. Planning Commission will review at March meeting.
Department Reports: Administration
City Manager – W. Darrow –
MDOT – Trying to coordinate walkability plan with the Schools. City Mgr. to inform Infrastructure committee of meeting date.
Rural Development – Phase 1 bidding complete looks like Fenton will be the contractor. Well #2 problems will be included into Phase 1. Discussed interest rate and closing date.
Benton Township - Met with Attorney Mike Homier. Working on issues of Accounts Receivable, Police Gear, Illegal Fire Board Meetings, and accounts payable.
Community Building – Looks like completion date will be around June 1. Have had some setbacks due to weather.
Clerk – B. Brace –Gave brief summary of class attended on 03/27. This included FOIA, OMA, and Election Audits. Also informed council of Elections Bureaus intent to update all voting equip in Michigan by 2017. This will be partially funded by each local municipality.
Treasurer – J. West – REPORT INCLUDED IN PACKET
Fire – C. Casler – REPORT INCLUDED IN PACKET – MFR classes will start directly after Fire Academy ends. It will take approx. 8-10 weeks to complete MFR
Police – Chief Peacock –REPORT INCLUDED IN PACKET Question was asked by L. Amey if a single call could create more than one hit on the report. Chief reported that it was not likely to do that.
DPW – B. Boyce - REPORT INCLUDED IN PACKET –6 main breaks so far – 5 since January. Discussed Iron Filter Media – Only running one currently.
Parks – A. Pruden - REPORT INCLUDED IN PACKET – Softball registration has just started. Youth ball taking signups. Question: Will baseball field be ready? Answer: Maybe – Hope to have senior league this fall. Sports Authority would like to use when ready. Received $500 Lowes grant for picnic tables at new pavilion.
Assessor – R. Zemla– REPORT INCLUDED IN PACKET
Public Hearing –
Park, Walkability, Master, and Well Head Protection Plans
Public Hearing opened 9:10pm
NO PUBLIC COMMENT
Public Hearing closed 9:12pm
Unfinished Business
- Charter Amendment – For Discussion
Discussion as to how to go about. City Mgr. has not heard back from consultant. M. Storie – would like to see if we can find someone else. City Mgr. will move forward and search for different consultant.
- Chapter 14 Ordinance Change – For Action
NFPA 1 vs.International Fire Code – WindsorTownship would recommend NFPA 1.
Motion made by R. Ross to approve Ordinance 14-236 to change Chapter 14 of Code of Ordinance to read NFPA 1, supported by M. Storie. Roll Call Vote (Aye: R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French, D. Hartson) ( Nay: NONE) Motion carries (7-0)
Ordinance No. 14-236
City of Potterville
Eaton County, Michigan
The City of Potterville Ordains
The City of Potterville code of Ordinance, Chapter 14, Fire Prevention and Protection to change Article II, Fire Prevention Code, is amended as follows:
ARTICLE II. FIRE PREVENTION CODE
Sec. 14-31.National Fire Prevention Association Fire Code (NFPA 1)
Pursuant to the provisions of section (k) of Public Act No. 279 of 1909 (MCL 17.3(k)), the home rule cities act, and for the purpose of pre-scribing regulations governing conditions hazardous to life and property from fire and explosion, the National Fire Prevention Association, Fire Code (NFPA 1), is hereby adopted by reference, as modified in this article, and as so adopted shall be known as the Potterville Fire Code.(Ord. No. 03-205, § 52-1, 4-14-2003) (Ord. No 14-236, 02-28-14)
Sec. 14-32.Amendments to Fire Code.
The following sections of the NFPA 1 are hereby amended and revised as follows:
Section 101.1. Title. These regulations shall be known as the fire code of the city, hereinafter referred to as “this code.”
Section 109.3. Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair, or perform work in violation of the approved construction documents or directives of the code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a municipal civil infraction punishable by a fine of not more than $500.00. Each day the violation continues shall be deemed a separate offense.
Section 109.3.1. Abatement of Violation. In addition to the imposition of penalties herein described, the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, con-duct of businesses, or occupancy of a structure on or about any premises.
Section 111.4. Failure to Comply. Any per-son who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to pay a fine of not less than $100.00 or more than $500.00.
Section. 307.6. It shall be unlawful to burn rubbish or trash.
(Ord. No. 03-205, § 52-2, 4-14-2003)
Sec. 14-33. Storage limitations.
The limits referred to in certain sections of the Fire Code of the City of Potterville are here-by established as follows:
(1)Section 3204.3.1.1: The limits as established by the state office of fire safety.
(2)Section 3404.2.9.5.2: The limits as established by the state office of fire safety.
(3)Section 3406.2.4.4: The limits as established by the state office of fire safety.
(4)Section 3804.2: The limits as established by the state office of fire safety.
(Ord. No. 03-205, § 52-3, 4-14-2003)
New Business
- Mason’s – For Action
Jim Robertson – Masons – Masons would like to remain tax exempt. They would like Council to consider upholding the decision from 2010 for the Masons to be tax exempt. It was discussed as to wether or not they are a non-profit, do they have 501.c3 status, and projects that they maintain.
Motion made by R. Ross to recommend to Board of Review / Assessor that the Masons be property tax exempt due to Non-Profit status, supported by K. Antcliff. Roll call vote (aye: K. Antcliff, M. Storie, J. French, D. Hartson, R. Ross, R. Norman, L. Amey) (Nay: NONE) Motion carries (7-0)
- Medical Marijuana Moratorium – Resolution # 14-0228-04 – For Action
Motion made by J. French to approve resolution 14-0228-04 Medical Marijuana Moratorium extension of Ordinance No. 10-226, supported by K. Antcliff. Roll Call Vote (Aye: L. Amey, K. Antcliff, M. Storie, J. French, D. Hartson, R. Ross, R. Norman) (Nay: NONE) Motion carries (7-0)
CITY OF POTTERVILLE
RESOLUTION 14-0228-04
RESOLUTION TO EXTEND ORDINANCE NO. 10-226
AN ORDINANCE TO IMPOSE A MORATORIUM ON THE ISSUANCE OF
PERMITS, LICENSES OR APPROVALS FOR THE SALE OR
DISPENSATION OF MEDICAL MARIJUANA.
At a regular meeting of the City Council of the City of Potterville ("City"), Eaton County,
Michigan, held at the City Hall in said City on the 28th day of February 2014 at 8:00 p.m.
PRESENT: D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French
ABSENT: NONE
The following Resolution was offered by J. French and seconded by M. Storie.
WHEREAS, the City of Potterville wishes to establish a set of standards regarding a continuance and/or extension of a Moratorium for Medical Marijuana and
WHEREAS, the City Council hereby determines that it is in the best interest of the City to adopt the additional extension of six months of the Ordinance;
NOW, THEREFORE, the City Council of the City of Potterville resolves as follows:
1. The Ordinance is hereby adopted (see exhibit A).
2. The Ordinance shall be filed with the City Clerk.
3. The City Clerk shall publish the Ordinance and notice of its adoption in a
newspaper of general circulation in the City.
4. Any and all resolutions that are in conflict with this Resolution are hereby
repealed upon the effective date of the Ordinance but only to the extent necessary to give this Resolution full force and effect.
- Board of Review Resolutions – For Action
14-0228-01 Hardship Exemptions
Motion made by R. Ross to approve resolution number 14-0228-01, supported by R Norman. Roll Call vote (Aye: J. French, D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie) (Nay: NONE) Motion carries (7-0)
CITY OF POTTERVILLE
RESOLUTION 14-0228-01
RESOLUTION TO ESTABLISH GUIDELINES AND FORMS
FOR HARDSHIP EXEMPTIONS FOR THE BOARD OF REVIEW
PRESENT: D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French
ABSENT: NONE
The following Resolution was offered by R. Ross and seconded by R. Norman.
WHEREAS, on this date February 28, 2014, the City Council of the City of Potterville, Michigan, met to Establish Guidelines and Forms for Hardship Exemptions for the Board of Review for the City of Potterville, and
WHEREAS, all applicants must own and occupy the homestead property for which the exemption is requested. The homestead percentage, as determined by federal poverty guidelines used in the determination of poverty exemptions for 2014, as established by the general property tax law MCL 211.7dd, will determine the percentage of property that can be considered for exemption, and
WHEREAS, following are the federal poverty guidelines for use in setting poverty exemption guidelines for 2014 assessments; and
Size of Family UnitPoverty Guidelines
1 $11,490
2 $15,510
3 $19,530
4 $23,550
5 $25,570
6 $31,590
7 $35,610
8 $39,630
For each additional person $4,020
WHEREAS, the governing body of the local assessing unit shall also include an asset level test pursuant to PA 390 of 1994. If an applicant for an exemption has assets totaling over two-hundred thousand dollars ($200,000), they are not eligible for a poverty exemption.
THEREFORE, BE IT FURTHER RESOLVED, by the Potterville City Council determines that it is in the best interest and welfare of the citizens to adopt the aforementioned resolution.
14-0228-02 Alternate Dates for 2014
Motion made by R. Norman to approve resolution number 14-0228-02, supported by J. French. Roll call vote (Aye: D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French) (Nay: NONE) Motion carries (7-0)
CITY OF POTTERVILLE
EATON, MICHIGAN
RESOLUTION TO ADOPT ALTERNATE START DATES FOR
MARCH, 2014, JULY, 2014, AND DECEMBER, 2014 BOARD OF REVIEW
Resolution #14-0228-02
The following resolution was offered by R. Norman and seconded by J. French.
WHEREAS, on this date February 28, 2014, the City Council of the City of Potterville, Michigan, met during a regular meeting to establish alternate dates for the March, 2014, July, 2014, and December, 2014 Board of Review;
WHEREAS, the date will be set as,
Tuesday, March 4, 1024 at 10:00 am organizational meeting. No public comment will be accepted or acted on at this organizational meeting.
Wednesday, March 12, 2014, 3:00pm to 9:00 pm, public appeal hearing.
Thursday, March 13, 2014, 9:00 am to 3:00 pm, public appeal hearing.
For the July Board of Review, an alternate date during the week of the 3rd Monday in July, 2014.
For the December Board of Review, an alternate date during the week of the 2nd Monday in December, 2014.
THEREFORE, BE IT FURTHER RESOLVED, the Potterville City Council determines that it is in the best interest and welfare of the citizens to adopt the aforementioned resolution.
14-0228-03 Appeals in Writing
Motion made by R. Ross to approve resolution 14-0228-03, supported by J. French. Roll Call Vote (Aye: J. French, D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie) (Nay: NONE) Motion carries (7-0)
CITY OF POTTERVILLE
RESOLUTION 14-0228-03
RESOLUTION TO ESTABLISH ACCEPTANCE OF MARCH BOARD OF REVIEW
APPEALS IN WRITING FROM RESIDENTS OF THE CITY OF POTTERVILLE
PRESENT: D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French
ABSENT:
The following Resolution was offered by R. Ross and seconded by J. French
WHEREAS, on this date February 28, 2014, the City Council of the City of Potterville, Michigan, met during a regular meeting to establish acceptance of March Board of Review Appeals in writing from residents of the City of Potterville, and
WHEREAS, all applicants must own and occupy the homestead property for which the exemption is requested.
WHEREAS, the Board of Review will accept written comment from resident of the City of Potterville, all letters must be received prior to March 5, 2014,
THEREFORE, BE IT FURTHER RESOLVED, by the Potterville City Council determines that it is in the best interest and welfare of the citizens to adopt the aforementioned resolution.
14-0228-05 Asset Test
Motion made by R. Ross to approve resolution 14-0228-05, supported by J. French. Roll call vote (Aye: K. Antcliff, M. Storie, J. French, D. Hartson, R. Ross, R. Norman, L. Amey) (Nay: NONE) Motion carries (7-0)
CITY OF POTTERVILLE
RESOLUTION 14-0228-05
RESOLUTION TO ESTABLISH MAXIMUM ASSET STANDARDS
TO BE ELIGIBLE FOR A POVERTY EXEMPTION
PRESENT: D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French
ABSENT: NONE
The following Resolution was offered by R. Ross and seconded by J. French.
WHEREAS, on this date February 28, 2014, the City Council of the City of Potterville, Michigan, met to Establish Maximum Asset Standards to be Eligible for a Poverty Exemption for the Board of Review for the City of Potterville, and
WHEREAS, PA 390 of 1994 states that the poverty exemption guidelines established by the governing body of the local assessing unit shall include an asset level test;
WHEREAS, The Township/City has adopted the following maximum asset standards for the 2014 year, for a household to be eligible for a poverty exemption. The below asset levels DO NOT include the value of your homestead. (Per Tribunal ruling 8-13-97, Docket # 236230, and the equity of the homestead should not be included within the asset test to be valid) Asset levels are increased by the CPI each year,
1 Person under 65 years $24,894
1 person 65 years and over $24,894
2 persons under 65 years $30,846
2 persons with householder over 65 $30,846
3 persons $36,800
4 persons $42,645
5 persons $47,079
6 persons $54,552
7 persons $60,504
8 persons $66,458
9 persons or more $71,978
WHEREAS, if your household assets exceed this amount you are NOT eligible for a poverty exemption;
THEREFORE, BE IT FURTHER RESOLVED, by the Potterville City Council determines that it is in the best interest and welfare of the citizens to adopt the aforementioned resolution.
- Rural Development Resolutions and Ordinances – For Action
L. Amey commented to the fact that NO FREE WATER applied to the City of Potterville also.
#14-0228-06 – Amended and Restated Resolution Authorizing Issuance of 2014 General Obligation Limited Tax Bonds
Motion made by R. Ross to approve resolution 14-0228-06, supported by J. French. Roll Call Vote (Aye: M. Storie, J. French, D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff) (Nay: NONE) Motion carries (7-0)
(SEE COUNCIL PACKET FOR RESOLUTION)
#14-0228-07 –
Motion made by R. Ross to approve resolution 14-0228-07, supported by J. French. Roll Call Vote (Aye: K. Antcliff, M. Storie, J. French, D. Hartson, R. Ross, R. Norman, L. Amey) (Nay: NONE) Motion carries (7-0)
City of Potterville
Eaton, Michigan
Resolution # 14-0228-07
At a regular meeting of the City Council of the City of Potterville, Eaton County, State of Michigan, held on February 28, 2014, at 8:00 p.m., there were:
PRESENT:D. Hartson, R. Ross, R. Norman, L. Amey, K. Antcliff, M. Storie, J. French
ABSENT:NONE
The following preamble and resolution were offered by Member R. Ross and supported by Member J. French.
LOAN RESOLUTION
(Public Bodies)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POTTERVILLE, MICHIGAN AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS STREET, ROAD AND DRAINAGE FACILITIES, INCLUDING RELATED CURBS, GUTTERS AND SIDEWALKS (HEREINAFTER CALLED THE COMMUNITY FACILITY) TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the City of Potterville, of Eaton County, Michigan (herein after called City) to raise a portion of the cost of such undertaking by issuance of its general obligation limited tax bonds in the principal amount of $1,434,000 pursuant to the provisions of Act No. 34, Michigan Public Acts of 2001, as amended; and
WHEREAS, the City intends to obtain assistance from the United States Department of Agriculture (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the City: