CITY COUNCIL PROCEEDINGS DECEMBER 4, 2018
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1 The regular meeting of the Greenville City Council was called to order by Mayor Hoppough, in the Council Chambers, in the Municipal Complex located at 415 S. Lafayette Street, Greenville, Michigan at 7:30 p.m. Present: Mayor Hoppough; Councilpersons Cunliffe, Schuleit, Linton, Warner, Lehman, and Moss; City Manager Bosanic; and Clerk-Treasurer Rasmussen. Absent: None 1. The Pledge of Allegiance was led by Mayor Hoppough. 2. The Statement of Citizens consisted of the following: None 3. Councilman Lehman MOVED: To remove item G from the Consent Agenda and place under New Business to discuss and set a public hearing. Motion failed due to lack of support. Councilperson Schuleit MOVED: The Consent Agenda be approved as presented. Councilperson Cunliffe seconded. Adopted with a vote of (6) Ayes: Hoppough, Cunliffe, Moss, Linton, Schuleit, and Warner (1) Nay: Lehman, and (0) Absent. 4. The Consent Agenda consisted of the following: a. Approval of minutes for the regular City Council meeting held November 20, b. Approval of the regular payroll report for the pay period ending November 3, 2018, in the amount of $126,038.34, special payroll report for pay period ending December 31, 2018, in the amount of $10,050.00, and accounts payable report for the period ending November 26, 2018, in the amount of $430, c. Set a Public Hearing for December 18, 2018, at 7:30 pm at City Hall to receive comments on a proposed amendment to the Hathaway Green PUD Final Site Plan for The Cottages. d. Set a Public Hearing for December 18, 2018, at 7:30 pm at City Hall to receive comments on a proposed amendment to the Hathaway Green PUD Preliminary Site Plan for the Senior Living Village. e. Set a Public Hearing for January 15, 2019, at 7:30 pm at City Hall to receive comments on a proposed ordinance to opt out of recreational marihuana. 1
2 New Business 5. Council considered the approval of closing certain streets in connection with the Annual Christmas Parade. Councilperson Moss MOVED: To approve the closure of certain streets for the Annual Christmas Parade Friday, December 7, 2018, from 5:00 p.m. to 6:30 p.m. as follows: Lafayette Street from Washington Street to Gibson Street Clay Street from Grove Street to South Drive at City Lot 5 Cass Street from Lafayette Street to Clay Street Grove Street at Lafayette Street intersection Montcalm Street at Lafayette Street intersection State Street from Lafayette Street to Clay Street Councilperson Warner seconded. Unanimously adopted. 6. Council considered the award of a bid for an executive work-center in connection with the City Manager s office. Councilperson Lehman MOVED: To award a bid for the purchase and installation of a work center for the Executive Assistant s Office to Kentwood Office Furniture of Grand Rapids, Michigan in the amount not to exceed $3, as presented. Councilperson Moss seconded. Unanimously adopted. 7. Council considered a proposal to invest perpetual care funds for the cemetery. Councilperson Moss MOVED: To direct the City Manager to solicit for proposals on alternative funding options for the City s Cemetery Perpetual Care Fund. Councilperson Warner seconded. Unanimously adopted. 8. Council considered a resolution (18-25) for the Fitzner Road Special Assessment District. Councilperson Lehman RESOLVED: To approve Resolution 18-25, a resolution declaring the intent to make public improvements; tentative designation of special assessment district; and notice of public hearing. WHEREAS, Act 279, Public Acts of Michigan, 1909, as amended (the Act ); Chapter 11 of the Charter of the City of Greenville (the City ); and 2
3 Ordinance 125 of the City ( Ordinance 125 ) provide the authority and the procedures by which the City may establish a special assessment district and impose special assessments against property for the cost of acquisition and construction of certain public improvements; and, WHEREAS, there exists in the City a need for certain public improvements as described in Exhibit A attached hereto (the Public Improvements ); and WHEREAS, the City has prepared plans and estimates showing the Public Improvements and their location and undertaken the construction of these improvements pursuant to a Voluntary Special Assessment Agreement between the City and Greenville Venture Partners, LLC, dated October 11, 2018 (the Agreement ), whereby Greenville Venture Partners, LLC has consented and agreed to the special assessment. NOW, THEREFORE, IT IS HEREBY RESOLVED that: 1. The City Council has proceeded pursuant to Ordinance 125 and the Agreement to make the Public Improvements as described in the Notice of Public Hearing, attached hereto as Exhibit A. 2. The plans and the estimates of cost for the Public Improvements in the amount of $397,987 have been filed with the City Clerk. 3. The City Council hereby tentatively designates a special assessment district known as the Fitzner Road Special Assessment District, consisting of the parcel of property described as set forth in the Notice of Public Hearing attached hereto as Exhibit A, which description is incorporated herein by reference, and against which parcels all or a portion of the cost of the Public Improvements shall be assessed. 4. The City Council tentatively determines that all of the cost of the Public Improvements shall be paid by special assessments assessed within the special assessment district against the property benefited by the proposed Public Improvements. 5. The City Council shall hold a public hearing on December 18, 2018, at 7:30 p.m. at the Municipal Complex to hear and consider objections to the proposed Public Improvements, the special assessment district tentatively designated herein, and all other matters relating to the proposed Public Improvements. 3
4 6. The City Clerk shall cause a notice of the public hearing to be published once in the Daily News, a newspaper of general circulation within the City at least 10 days prior to the public hearing. Proofs of publication of such notice shall be filed with the City Clerk. 7. The City Clerk, at least 10 days prior to the date of the public hearing, shall send a notice of the public hearing by first class mail addressed to each record owner of, or party in interest in, each parcel of property to be assessed, at the address shown for such owner or party in interest upon the last City tax assessment records, as supplemented by any subsequent changes in the names or addresses of the owners or parties listed therein. 8. The form of the notice of the public hearing shall be substantially as set forth in Exhibit A hereto. 9. All resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. NOTICE IS HEREBY GIVEN that the City Council of the City of Greenville, Montcalm County, Michigan, intends to make certain public improvements (the Public Improvements ) which shall consist of the following: The design, installation, and construction of a sanitary sewer line and storm sewer improvements in and along Fitzner Road, together with all appurtenances and any related improvements, including all legal, engineering, administrative, and financing expenses related thereto. The City Council has resolved its intention to proceed pursuant to City Ordinance 125 to make the Public Improvements in the City. The City Council has tentatively determined that all the cost of the Public Improvements shall be specially assessed against each of the following described lot and parcel of land, which comprise the proposed Fitzner Road Special Assessment District: Property located in the City of Greenville, Montcalm County, Michigan, commonly known as 6501 Fitzner Road, Greenville, Michigan, and described by the following parcel number: FIRST PUBLIC HEARING TAKE NOTICE that the City Council of the City of Greenville will hold a public hearing on December 18, 2018, at 7:30 p.m. in the Municipal Complex 4
5 located at 415 South Lafayette, Greenville, Michigan 48838, to hear and consider any objections to the proposed Public Improvements, the proposed special assessment district, and all other matters relating to the Public Improvements. All interested persons shall be given the opportunity to be heard, after which the City Council may modify the scope of the local public improvements in such manner as it shall deem to be in the best interest of the City as a whole. TAKE FURTHER NOTICE that the plans and estimates of cost for the Public Improvements are on file with the City Clerk for public examination. PROPERTY SHALL NOT BE ADDED TO THE PROPOSED SPECIAL ASSESSMENT DISTRICT WITHOUT FURTHER NOTICE AND PUBLIC HEARING. SECOND PUBLIC HEARING TAKE NOTICE that after the public hearing for which this Notice is given, there will be a second public hearing specifically regarding the assessment roll and the assessments against each parcel in the Special Assessment District and that an owner or other person having an interest in the real property must file an appearance and protest at the public hearing on the assessment roll in order to appeal the amount of their assessment to the Michigan Tax Tribunal. This notice was authorized by the City Council of the City of Greenville. Councilperson Cunliffe seconded. Adopted with a vote of (7) ayes: Hoppough, Lehman, Cunliffe, Moss and Linton, Schuleit, and Warner. (0) Nays, and (0) Absent. Mayor and City Council Comments 9. Councilperson Moss MOVED: We will not meet on January 1, Supported by Lehman. Unanimously adopted. 10. Councilperson Lehman MOVED: To hold a public hearing on January 15, 2019 at 7:30 pm at City Hall to receive comments to opt-in to a medical marihuana proposed ordinance. Supported by Cunliffe. Motion denied with a vote of (2) Ayes: Lehman, Cunliffe, (5) Nays: Hoppough, Moss, Linton, Schuleit, and Warner, and (0) Absent. 5
6 Adjournment 11. Councilperson Moss MOVED: The meeting be adjourned. Councilperson Cunliffe seconded. Unanimously adopted. Meeting adjourned at 8:35 p.m. John M. Hoppough Mayor Norice Rasmussen Clerk-Treasurer 6
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