LAPEER CITY COMMISSION MINUTES OF A REGULAR MEETING JUNE 16, 2014

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1 LAPEER CITY COMMISSION MINUTES OF A REGULAR MEETING JUNE 16, 2014 A regular meeting of the Lapeer City Commission was held at Lapeer City Hall, 576 Liberty Park, Lapeer, Michigan. The meeting was called to order at 6:30 p.m. ROLL CALL Present: Mayor Sprague Commissioners City Attorney Representative, Aleks Bomis. City Manager Dale Kerbyson. Mayor Sprague led the Pledge of Allegiance. AGENDA APPROVAL Moved by Gates. Seconded by Lyons. Approve the Agenda for as presented. MINUTES Approve the minutes from the Regular Meeting held June 2, 2014 as presented. Minutes from various Boards and Commissions were received into record. PUBLIC COMMENTS Lapeer County Drain Commission Lapeer City Tile. Joe Suma, Lapeer County Drain Commissioner spoke on issues with the Lapeer City Tile drain, hired BMJ Engineering to make a recommendation, introduced Lara Beyer from BMJ Engineering. Lara Beyer, BMJ Engineering, distributed a handout, evaluation of drain area and issues, tile runs ¼ mile long, 18 to 42 pipes, found defects in drain, outlets to Mirror Lake Drain and erosion issues, pipes need to be upsized for proper draining, flooding at Kmart property, recommend larger drain, redirection of water into new manhole in drain, create a retention/storage area. Mr. Suma indicated the Drain Commission can only provide maintenance and cannot upgrade without petition by the City, the township or the property owners, asking City to consider petitioning for upgrade. Mayor Sprague requested the City Manager and Director of Public Works to review drain information and provide a recommendation. Lauren Dutcher, attorney representative with Fahey Schultz Burzych Rhodes on behalf of Drain Commission, spoke on recommendation of BMJ Engineering to relieve flooding issues, Drain Commission does not have the authority to make any upgrades without a petition by the City, the township, or the property owners, easiest/most efficient way is to ask for petition from municipalities. Jenna Burkhart, Wilder Road, gave invocation. Jan Peabody, Peppermill Circle, Lapeer, spoke on running as a candidate for State Representative. Page 1

2 Greg Kenzell, Kmart Plaza Property Owner, spoke on flooding in the Kmart plaza, requested a copy of the engineering report. CONSENT AGENDA Moved by Robinet. Seconded by Lyons. Approve the Consent Agenda, eliminating Item #2 for resulting in the following: 1. Special Event Request from the Lapeer City Police Officers Charitable Fund for Cops for Community 5K Run/Walk on July 12, 2014, DeMille Boulevard route. 3. Budget Adjustment for Clay and Court Streets Project as presented Budgets for the Brownfield Redevelopment Authority, the Tax Increment Finance Authorities 1, 2 and 3 and the Lapeer Development Finance Authority. 5. Special Event Request from Lapeer Area Chamber of Commerce for Annual Lapeer Days, August 15-17, 2014, downtown Lapeer. 6. McCormick Street 2003 Special Assessment District final project costs and any excess funds be transferred to the appropriate Street Fund. Special Event Request: Lapeer Downtown Business Association (Consent Item #2) Approve the Special Event Request from Lapeer Downtown Business Association to hold a Made In Michigan Festival on September 26 through September 27, 2014, Nepessing Street from Mason to Saginaw. Commissioner Robinet voiced concerns to only close Nepessing Street according to number of vendors for event. DDA Executive Director Janine Saputo informed that there are no vendors at this time, awaiting approval prior to advertise and recruit vendors, could have possible vendors. Discussion was held on closing of street, city costs incurred with street closure, review event and close street as needed. BILL LISTING FOR JUNE 16, Approve the Bill Listing for in the amount of $350, Bennett, Gates, Robinet, Bostick-Tullius. Lyons. PROCLAMATIONS, RECOGNITIONS AND RESOLUTIONS PUBLIC HEARINGS IFT Request: Quest Industries, Inc. Patricia Lucas, Lapeer Development Corporation introduced Dennis Hoover from Quest Industries, Inc.; request for machinery and equipment costs of $1,000,000; 6 year exemption; creation of 3 new jobs; answer any questions the Commission may have. Mayor Sprague opened the public hearing at 6:54 p.m., there being no public comments, the public hearing was closed at 6:54 p.m Moved by Bostick-Tullius. Seconded by Robinet. Approve the Resolution Approving The Application of Quest Industries, Inc. For An Industrial Facilities Tax Exemption Certificate. Page 2

3 RESOLUTION DECLARED ADOPTED. ADMINISTRATIVE REPORTS Ordinance Amendment: Chapter 40 (Downtown Development Authority Tax Increment Financing Plan and Development Plan) Moved by Lyons. Seconded by Bostick-Tullius. Adopt the proposed amendment to Chapter 40 (Downtown Development Authority Tax Increment Financing Plan and Development Plan) Ordinance to the General Ordinances of the City of Lapeer. THE CITY OF LAPEER ORDAINS: CHAPTER 40 DOWNTOWN DEVELOPMENT AUTHORITY TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PLAN Purpose. An ordinance to amend the Tax Increment Financing Plan and Development Plan of the Downtown Development Authority of the City of Lapeer previously adopted in this ordinance Adoption of Amended and Restated Tax Increment Financing Plan and Development Plan. The Development Plan As Amended And Restated In 2014 and The Tax Increment Financing Plan , adopted by the Downtown Development Authority of the City of Lapeer on April 23, 2014, are hereby approved. The Development Plan As Amended And Restated In 2014 and The Tax Increment Financing Plan amend and restate the Development Plan and Tax Increment Financing Plan that were approved by the City Commission on June 21, Effective Date. These ordinance amendments shall become effective (publication date of adoption). ON A ROLL CALL VOTE: AYES: Commissioners Bennett, Lyons, Bostick-Tullius, Gates, Robinet. NAYS: ABSENT: ABSTAIN: AMENDMENTS TO CHAPTER 40 ADOPTED. Mechanical and Plumbing Contract Donald Franklin Moved by Gates. Seconded by Bennett. Approve the Mechanical and Plumbing Contract with Donald Franklin and authorize the Mayor and City Manager to sign required document. ON A ROLL CALL VOTE: AYES: Lyons, Bostick-Tullius, Bennett, Gates. NAYS: Robinet. ABSENT: ABSTAIN: 2014 DIG Project Court St./Clay St. Payment Request #1 Boddy Construction Co Approve Payment Request #1 from Boddy Construction Co. for services completed on the Court Street and Clay Street Reconstruction 2014 DIG Project in the amount of $68, Page 3

4 DPW Vehicles, Snow Plow Packages & Emergency Vehicle Approve the purchase as of July 1, 2014 of two 2015 F250 Ford 4WD pickups for a total amount of $43, and one Ford Police Interceptor for a total amount of $28, from Macomb County Government Bid Program and two Boss 8 6 Super-Duty Plow packages for a total amount of $8, from Southern Truck Equipment Inc. and authorize the Director of Public Works to sign required documents. Hot Patch Machine Moved by Lyons. Seconded by Bostick-Tullius. Approve the purchase as of July 1, 2014, of a 4 Ton Hot Patch Machine from Bell Equipment for a total amount of $ 20, and authorize the Director of Public Works to sign required documents. Scag Mower and John Deere Gator Approve the purchase as of July 1, 2014, of a John Deere Gator from Tri County Equipment for a total amount of $ 4, and a Scag Mower from Keene Small Engine Sales and Service, Inc. for the amount of $ 8, and authorize the Director of Public Works to sign required documents. E. Oregon St. Reconstruction (East Side of Flint River Bridge to City Limits). Design & Construction Engineering Agreement Moved by Bostick-Tullius. Seconded by Lyons. Approve the Contract for Engineering Services with Rowe Professional Services Company in the amount of $233,428 for the E. Oregon Street Reconstruction Project and authorize the Director of Public Works to sign required document; and further, approve the Budget Adjustment for the appropriation of funds as presented. CITY MANAGER S REPORT City Manager Dale Kerbyson provided an update on Pix Building, the burned building, and Burkes Flowers building, Burke s insurance company Frankenmuth Mutual Insurance has refused to participate in demolitions costs, working with City Attorney on agreement to get building down. Discussion was held on demolition costs, bidding of demolition, time frame, concerns on liability during demolition. CITY ATTORNEY S REPORT Page 4

5 UNFINISHED BUSINESS Appointed by Mayor Sprague. David Filipiak Construction Board of Review, term ending Bruce Johnson Construction Board of Review, term ending Jonathan Fairbanks Construction Board of Review, term ending Judy Downey EDC/TIFA/Brownfield, term ending Moved by Robinet. Seconded by Bostick-Tullius. A.Wayne Bennett Prison Liaison Committee, term ending DEPARTMENTAL COMMUNICATIONS Monthly Departmental Reports, Component Units Financial Statements and Audit Reports, and 2013 Consumers Confidence Report were received into record. PUBLIC COMMENTS Jan Peabody, Lapeer, candidate for State Representative invited everyone to speak with her after the meeting. MAYOR/COMMISSIONER COMMENTS Commissioner Bennett indicated he wished Mr. Suma would have stayed, would like to see the drain route go to the new tunnel being built; Davison Farmers Market was outstanding and wished we had one like it. Commissioner Gates thanked Chief Alexander for posting the speed on Pine Street. Commissioner Lyons requested an update on the KWA, Mayor Sprague indicated that City Manager Dale Kerbyson should report on the KWA at the next Commission meeting. Commissioner Robinet commented he is concerned about the demolition of the burned building downtown. City Manager Dale Kerbyson commented he has received two structural reports, also has concerns regarding demolition of the burned building; reminded of Lapeer Center for the Arts event at Buffalo Wild Wings. Mayor Sprague commented on upcoming events. ADJOURNMENT Moved by Bennett. Adjourn the regular meeting. The regular meeting adjourned at 7:11 p.m. William J. Sprague, Mayor Donna L. Cronce, MMC, City Clerk Tracey S. Russell, Deputy City Clerk Page 5