1. The Regular Meeting of the Howell City Council was called to order by Mayor Phillip Campbell at 7:00 p.m.

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1 Regular Meeting of the Howell City Council Monday May 20, 2013 Howell City Council Chambers Lower Level 611 E. Grand River Howell, Michigan The Regular Meeting of the Howell City Council was called to order by Mayor Phillip Campbell at 7:00 p.m. Council Members Present: Dawn Cooper, Jeffrey Hansen, Doug Heins, Steven Manor, Scott Niblock, Al Schlittler and Mayor Phillip Campbell. Also Present: City Manager Shea Charles, City Attorney Dennis L. Perkins and City Clerk Jane Cartwright. Others in Attendance: Police Chief George Basar, Finance Director/Treasurer Catherine Stanislawski, DPS Director Erv Suida, Interim Community Development Director Erin Perdu, DDA Director Diane Larkin, Recreation Director Debbie Mikula, Fire Chief Andy Pless, DPW Superintendent Marcel Goch, IT Director Mike Pitera, Administrative Assistant Sherrie Boak, Paul Rogers, Nick Proctor, Pat Convery, Valorie Fortney, Michael Mulvahill, Kathleen Hilbert, Jackie Mullaney, Julia Blair, Kathleen Goetsch, Andrew Stone, Tammy Metz, Nikolas Hertrich. 2. PLEDGE OF ALLEGIANCE 3. APPROVED MINUTES: MOTION by Hansen, SUPPORT by Niblock, To approve the minutes of the regular City Council meeting held May 6, MOTION by Cooper, SUPPORT by Hansen, To approve the minutes of the Executive Session held May 6, MOTION by Schlittler, SUPPORT by Niblock, To approve the minutes of the Work Session held April 15, MOTION by Cooper, SUPPORT by Schlittler, To approve the minutes of the Work Session held May 13, PRESENTATION MAYOR S AWARD Mayor Campbell announced that Alexandra McDonald was the winner of the Essay Contest sponsored in conjunction with Howell Schools. The subject of the essay was Blight and Alexandra highlighted both sides of the issue. Ron Long,

2 HOWELL CITY COUNCIL MTG. MINUTES MAY 20, 2013 President of First National Bank along with Karen & John Wing assisted as the judges. 5. CITIZENS COMMENTS None. 6. REPORTS COUNCIL MEMBERS SERVING ON COMMISSIONS Member Niblock reported that the Howell Area Fire Authority had a meeting however there was nothing to report. Member Cooper reported on the May 15, 2013 Planning Commission meeting. The site plan to finish the Gallery Park project started in 2001 was approved. Also briefly discussed the proposed Transient Housing Ordinance. 7. PUBLIC HEARINGS: A. 2013/2014 Budget & Truth in Taxation. Mayor Campbell opened the public hearing at 7:07 p.m. There were no public comments. Mayor Campbell closed the public hearing at 7:07 p.m. B. Opera House Historic District. Mayor Campbell opened the public hearing at 7:08 p.m. It was noted that the proposed district only encompasses the Opera House. There were no public comments. Mayor Campbell closed the public hearing at 7:08 p.m. 8. COUNCIL CORRESPONDENCE: None. 9. APPROVED RESOLUTION NO , 2013/2014 BUDGET ADOPTION City Manager Charles presented the proposed 2013/2014 City Budget which maintains the current operating millage of and the garbage millage of 1.3 for a total of The General Fund revenues and appropriations are $6,392,645 which is a reduction from last year. Staff is still looking at some additional operations including a 5 year analysis of an additional police officer position. Adjustments to the Water & Sewer Funds based on the rate analysis will be presented at the June 10, 2013 meeting. MOTION by Manor, SUPPORT by Cooper, To adopt Resolution No City of Howell 2013/2014 Annual Budget and approve the Operating Millage rate of , Garbage Millage rate of 1.3, totaling mills. MOTION by Schlittler, SUPPORT by Heins, To amend the motion by transferring $25,000 from Department 444 sidewalks & $15,000 from Department 722 Community Development to Department 301 Police Department to hire a second police officer in the 2013/2014 fiscal year, and lower the garbage millage rate by.3 to 1 mill totaling mills. Member Niblock indicated he could not support the proposal at this time; would like to look at the numbers as discussed at the budget work session to see if the City could hire an additional police officer however cannot process the request without the analysis. Member Cooper agreed noting the Council held a lengthy discussion at the budget work session, and everyone agreed there was a need however this

3 HOWELL CITY COUNCIL MTG. MINUTES MAY 20, 2013 wasn t the time and there was no discussion regarding the garbage millage. Member Hansen indicated the proposed budget already had a $50,000 deficit and he was uncomfortable reducing the garbage millage which sunsets next year. Member Manor stated the City s finances are tenuous; while there is a good fund balance it has been diminishing over the years and he did not feel this was the time to add more officers to the department. He opposed the amendment and urged the Council to adopt the proposed budget. Member Heins indicated the fund balance of over 20% (the schools operate on a 7% fund balance). The City needs more law enforcement; the department is using a lot of overtime and another officer will take some of the pressure off. He also supports lowering the garbage millage by.3 mills which will be a reduction of $80,000 in revenue. Discussion followed. City Manager Charles indicated budget amendments are considered quarterly; adopting the budget as proposed does not preclude Council from adding another officer. Staff was asked to put together a 5 year projection of costs which will be presented at the next meeting. Other budget variables and pressing needs throughout the City including capital projects were also discussed; the proposed budget takes a conservative approach. City Manager Charles did indicate that the decision on the millage rate was permanent. MOTION by Manor, SUPPORT by Cooper, To close debate on the motion. A roll call vote was taken on the amendment to the motion. Cooper no, Hansen no, Heins yes, Niblock no, Schlittler no, Manor no, Campbell yes. AMENDMENT FAILED (5-2). A roll call vote was taken on the main motion. Hansen yes, Heins no, Niblock yes, Schlittler yes, Manor yes, Cooper yes, Campbell yes. MOTION CARRIED (6-1). 10. CIVIC EVENT APPLICATIONS: A. Art in the Alley, June October, City Manager Charles indicated the Livingston Arts Council has requested the use of Peanut Alley during the Farmers Market. Fire Chief Pless has expressed a concern with preventing access to the alley during the Farmers Market; with State & Clinton closed, the alley is the only access to the buildings on State Street. For that reason, staff is recommending the application be denied as submitted. MOTION by Niblock, SUPPORT by Cooper, To deny the request from the Livingston Arts Council for Art in the Alley due to elimination of access to the buildings on State Street for fire and rescue personnel during the Farmers Market. Council noted that they did like the area of the event and suggested that staff go back and work with the LAC and try to resolve the safety issues. MOTION by Heins, SUPPORT BY Hansen, To postpone action on the Art in the Alley Civic Event application. B. Eucharist Procession, June 1, MOTION by Manor, SUPPORT by Cooper, To approve the civic event application submitted by St. Joseph Roman Catholic Church for the Eucharist Procession scheduled for June 1, 2013.

4 HOWELL CITY COUNCIL MTG. MINUTES MAY 20, 2013 C. Making Strides Against Breast Cancer of Howell, October 12, MOTION by Hansen, SUPPORT by Cooper, To approve the civic event application submitted by the American Cancer Society for the Making Strides Against Breast Cancer Walk scheduled for October 12, 2013 contingent upon receipt of certificate of insurance. D. Howell Melon Festival, August 16-18, MOTION by Manor, SUPPORT by Hansen, To approve the civic event application submitted by the Howell Area Parks & Recreation Authority for Howell Melon Festival scheduled for August 16-18, Member Heins questioned safety issues with the street closures proposed and the difference between this event and Art in the Alley. Chief Pless stated Melon Festival is one weekend a year; the Fire Authority maintains fire alleys, plans for and staffs this event. He reiterated the concern with blocking off access to an area. E. Pink Party Application Amendment, June 13, MOTION by Heins, SUPPORT by Manor, To approve the amendment to the Pink Party civic event application. 11. APPROVED DIAMOND CHROME SEWER LINING REIMBURSEMENT REQUEST City Manager Charles stated the City has been working with Diamond Chrome since a sampling revealed the presence of Chromium moving through the groundwater caused by infiltration into the City s sanitary main. The correction plan is to slip line the entire 715 lineal feet of sewer line which is 50 years old. Diamond Chrome is looking for reimbursement to assist with the cost and staff feels that 50% is appropriate since the City gains a public benefit and the line will have to be replaced in the future. It was noted there is no measureable levels of Chromium at the plant. Discussion followed. City Manager Charles indicated that the current operations are not contaminating the groundwater; the contamination occurred before regulations were in place. DPS Director Suida stated this is a Sewer Use Ordinance violation and noted that DEQ is dealing with Diamond Chrome on multiple contamination issues. MOTION by Manor, SUPPORT by Schlittler, To authorize the reimbursement of 50% of the total cost up to an amount not to exceed $50,000 to Diamond Chrome Plating to line 715 lineal feet of sanitary sewer main. 12. INTRODUCED ORDINANCE NO. 875, AMENDMENT TO , REMOVAL OF SNOW Member Heins introduced Ordinance No. 875, amendments to Section , Removal of Snow & Ice. 13. APPROVED BLIGHT ORDINANCES: A. No. 869, Amendments to Chapter , Trees & Vegetation. MOTION by Cooper, SUPPORT by Niblock, To adopt Ordinance No. 869, Amendments to Section Trees and Vegetation. Member Heins expressed concern with

5 HOWELL CITY COUNCIL MTG. MINUTES MAY 20, 2013 the language which uses a subjective opinion on what is weeds and authorizes the City Manager to go on private property to cut down the weeds. A roll call vote was taken on the motion. Heins no, Niblock yes, Schlittler no, Manor yes, Cooper yes, Hansen yes, Campbell no. MOTION CARRIED (4-3). B. No. 870, Chapter , Extensions of Building Permits. MOTION by Schlittler, SUPPORT by Manor, To adopt Ordinance No. 870, creation of Section , Extensions of Building Permits. C. No. 871, Chapter , Performance Bonds for Building Permits. MOTION by Manor, SUPPORT by Cooper, To adopt Ordinance No. 871, creation of Subsection (g) regarding Performance Bonds for Building Permits. Member Heins indicated his opposition stating it was an unnecessary burden to our citizens. Member Manor noted there are visible examples throughout the City where work is stopped and there is no performance. Since the performance bonds are refunded when the project is completed, it was not an undue burden. MOTION CARRIED (6-1). Member Heins opposed. D. No. 872, Amendment to Chapter , Inspections of New Residential Rentals. MOTION by Cooper, SUPPORT by Hansen, To adopt Ordinance No. 872, amendments to Section regarding Rental Inspections. MOTION CARRIED (7-0). E. No. 873, Chapter 1480, Property Maintenance. MOTION by Cooper, SUPPORT by Hansen, To adopt Ordinance No. 873, creation of Section 1480 Property Maintenance. Member Heins indicated although there are a lot of good elements in the proposed ordinance, some parts particularly Section are examples of government overreach giving the power of subjective judgment to a City official on what is considered to be enough paint. Member Hansen indicated if a resident has a complaint regarding undue treatment to them under this ordinance it will come to the Council for resolution, which is controlled by citizens. A roll call vote was taken. Niblock yes, Schlittler no, Manor yes, Cooper yes, Hansen yes, Heins no, Campbell no. MOTION CARRIED (4-3). 14. APPROVED OPERA HOUSE HISTORIC DISTRICT A. Ordinance No MOTION by Heins, SUPPORT by Hansen, To adopt Ordinance No. 874, creation of Chapter 1250 Historic District Ordinance. B. Historic District Study Committee Report. MOTION by Cooper, SUPPORT by Schlittler, To approve the Opera House Historic District Report. MOTION CARRIED (7-0). C. Appointment of Historic District Commission. MOTION by Manor, SUPPORT by Cooper, To approve the Mayor s proposed appointments to the

6 HOWELL CITY COUNCIL MTG. MINUTES MAY 20, 2013 Opera House Historic District Commission; Kelly Hansen, Jacqueline Mullaney, Geraldine Moen & Debbie Mikula, terms ending May 20, 2015; Andrew Stone, Nathan Voght & Tammy Metz, terms ending May 20, MOTION CARRIED (7-0). 15. APPROVED PUBLIC HEARING FOR S2 GRANT, JUNE 10, 2013 MOTION by Schlittler, SUPPORT by Manor, To set a public hearing to review the proposed S2 Grant Project Plan for June 10, MOTION CARRIED (7-0). 16. APPROVED APPLICATION TO PURCHASE MERS SERVICE CREDIT MOTION by Manor, SUPPORT by Cooper, To approve the request of Michael Pitera to purchase two years of additional MERS service credit at a cost of $33,337 with the total cost of the additional service credit paid by the employee. 17. APPROVED PAYMENT OF BILLS MOTION by Schlittler, SUPPORT by Hansen, To approve payment of bills ending May 20, 2013 in the amount of $473, and payroll to cover the period ended May 18, CITY MANAGER S REPORT The 5 year cost analysis of adding another police officer and other outstanding issues requested at the budget work session will be presented at the June 10, 2013 meeting. Thanked Finance Director Catherine Stanislawski and the entire staff for their work on the budget. 19. OLD BUSINESS Member Heins requested the status on the request to move the trash container at Howell Memorial Cemetery. DPS Director Suida indicated it had been relocated. Mayor Campbell requested that staff follow up with resident. Member Manor requested trash receptacles be placed in Parking Lot #1. Member Hansen announced Sandy Mitter is looking for volunteers for the Pink Party. 20. NEW BUSINESS Member Niblock questioned the RV s for sale on E. Grand River between Elm and Fair Streets. Interim Community Development Director Perdu stated they were actively dealing with the property owners to get them moved. 21. EXECUTIVE SESSION PENDING LITIGATION 8:20 p.m. MOTION by Hansen, SUPPORT by Niblock, To adjourn to executive session to discuss pending litigation with a roll call vote. Schlittler yes, Manor yes, Cooper yes, Hansen yes, Heins yes, Niblock yes, Campbell yes.

7 HOWELL CITY COUNCIL MTG. MINUTES MAY 20, :35 p.m. MOTION by Cooper, SUPPORT by Schlittler, To reconvene the regular meeting. 22. ADJOURN MOTION by Schlittler, SUPPORT by Cooper, To adjourn the regular meeting of the City Council at 8:35 p.m. Phillip Campbell, Mayor Jane Cartwright, City Clerk

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