The regular meeting for May 17, 2016 of the New Buffalo City Council was called to order by Mayor Pro Tem O Donnell at 6:30 p.m. in the City Hall Council Chambers at New Buffalo City Hall, 224 W. Buffalo St., New Buffalo, MI 49117. The Pledge of Allegiance was led by the City Council. Mayor Pro Tem O Donnell asked for a moment of silence in memory of Bob Westergren, former council member and Mayor. Roll Call Members Present: Mayor Pro Tem O Donnell, Council Members Peterson, Messinger, Spirito Staff present: City Manager Anderson, City Clerk Holm, Treasurer Lambrix Approval of Agenda Mayor Pro Tem O Donnell requested the addition of 9(b)v Friends of Harbor Country Trail and the removal of 8(o) Lease Agreement to the agenda. Resolution by Council Member Peterson, seconded by Council Member Spirito to approve the agenda as presented with the changes requested by Mayor Pro Tem O Donnell, voice vote unanimous, resolution carried. Consent Agenda Resolution to: a. Approve City Council Minutes: April 19, May 4, 5, & 11, 2016 b. Approve City Council Closed Session Minutes: April 19 & May 4, 2016 c. Pay bills for the month d. Receive monthly reports: Treasurer, Police, Water, Fire, Parks, Streets e. Receive monthly minutes: GRSD, Harbor Commission, LRSB, Park Board, DDA, Library Board Council Member Messinger requested the closed session minutes for May 4, 2016 be removed from the consent agenda. Resolution by Mayor Pro Tem O Donnell, seconded by Council Member Spirito to approve the consent agenda as amended with the removal of the May 4, 2016 closed session minutes, Yeas: Council Members Peterson, Messinger, Spirito, Mayor Pro Tem O Donnell Public Comment Keith Siegel, located at 408 W. Indiana St.- Explained his appeal to not put sidewalks in at his property. Ed Arnold, owner of Carts on 12 in New Buffalo Discussed wanting the City to allow golf carts and explained some of the surrounding municipalities and ordinances allowing them. Ezra Scott Discussed his issues with the lease agreement for the Michigan Thyme property which now has been pulled off the agenda. Discussed the Street Superintendent having personal belongings in a City building located behind the Lumberyard property. John Moultrie Discussed the Lion s Park policy and the NBBA requesting dates that are not in the same calendar year. Discussed the special events applications in the packet. Page 1 of 7
Rhonda Sobecki, owner of Skips Discussed her family history in New Buffalo and the Skip s Farmer s market. Does not think the City should have a farmer s market and have to compete. Ezra Scott Discussed how the Planning Commission members were appointed at the last council meeting. Pat Fisher The Planning Commission is seeking permission to get a consultant for the Planning Commission. Ron Watson Is president of the Sunset Shores Property Association and addressed the two major concerns they have which is erosion/lack of sand on beaches and the condition of subdivision streets. Matt Kirkus Discussed the farmer s market, non-disclosure agreement, DDA charging the vendors at the market, and who is doing the vetting process. Ginny Kay Discussed the 1 st amendment right and the council having authority to edit any of the council meeting video recordings. Presentation Real Estate Association for Camera System for Economic Analysis Program Dan Coffey along with Chad Curry and Chris Coté presented to the council a camera system that would measure pedestrian and car traffic downtown on Whittaker St. It is a two year program that will record the information all day and night. Went over how the system works in detail and the possibility of having cameras on South Whittaker as well. Presentation Lake Michigan Tributaries NPS Watershed Management Plan Marcy Hamilton with the Southwest Michigan Planning Commission gave a presentation on looking at municipalities that have tributaries that go into Lake Michigan. There will be public meetings held during this process. After information is compiled and an action plan is in place, it will then allow for access to grant funding. This process is just starting and will continue for the next year and a half. Public Hearing & Subsequent Council Action Mayor Pro Tem O Donnell opened the Public Hearing for Fiscal Year 2016-2017 Budget and Headlee Millage Reduction Fraction at 7:39 p.m. City Assessor Chuck Sittig went over the Headlee Millage Reduction Fraction in detail with the information presented is in the packet. City Manager Anderson presented a balanced budget for 2016-2017. He discussed the new CIP and Asset Management Plan that City Staff Engineer Shipp had presented to the council at the work session. He also discussed bonds for funding North Whittaker Street and for infrastructure and street improvement. Public Comment Chuck Krametbauer Not understanding the bond issue. What about going to the Pokagon Fund for a grant. Asked if the information is in the Master Plan. Keith Segal Asked if the city has bonding power without referendum. Council went over any questions or concerns they had. Council Member Messinger thanked Treasurer Lambrix for being very helpful and discussed at length the City Clerk getting a 7.2% raise instead of the 3% the other employees are getting. Council compromised on the City Clerk to receive a 5% pay increase. Mayor Pro Tem O Donnell closed the public hearing at 8:21 p.m. Page 2 of 7
Headlee Millage Reduction Fraction Adoption Resolution by Council Member Peterson, seconded by Council Member Spirito to adopt the Headlee Millage Reduction Fraction as presented, Yeas: Council Members Messinger, Spirito, Peterson, Mayor Pro Tem O Donnell 2016-2017 Budget Adoption Resolution by Council Member Spirito, seconded by Council Member Peterson to adopt the 2016-2017 budget as presented with a change made in the Clerk s salary to receive a 5% raise, Yeas: Council Members Spirito, Peterson, Messinger, Mayor Pro Tem O Donnell OLD BUSINESS 1450 Shore Dr. Shoreline Condition City Manager Anderson and council discussed the ongoing issue with the shoreline conditions on Shore Dr., cost amounts and helping obtain a permit to do possible repairs to the 1450 Shore Dr. property. No action was taken on this item. NEW BUSINESS Accept resignation of Mayor Pete Weber Resolution by Mayor Pro Tem O Donnell, seconded by Council Member Peterson to accept the resignation of Mayor Weber and thanked him for his time he served on council, voice vote unanimous, resolution carried. Appointment of Mayor (City Clerk administers oath of office) Mayor Pro Tem O Donnell turned over the appointment of Mayor to Clerk Holm. Clerk Holm asked council for any nomination for Mayor. Resolution by Council Member Spirito, seconded by Council Member Peterson to nominate Mayor Pro Tem O Donnell as Mayor, Yeas: Council Members Spirito, Peterson, Messinger, Mayor Pro Tem O Donnell Clerk Holm swore in Mayor O Donnell. Clerk Holm handed the meeting back over to Mayor O Donnell. Mayor O Donnell asked council for any nomination for Mayor Pro Tem. Page 3 of 7
Resolution by Council Member Peterson, seconded by Mayor O Donnell to appoint Council Member Peterson as Mayor Pro Tem, Yeas: Council Members Peterson, Messinger, Spirito, Mayor O Donnell Clerk Holm swore in Mayor Pro Tem Peterson. Mayor O Donnell called for a recess at 8:35 p.m. Mayor O Donnell resumed the regular meeting at 8:44 p.m. Soliciting of applicants for City Council position partial term until November 2016 Mayor O Donnell said the City Charter stated a council member must be appointed within 60 days. Council would like the notice for partial council term to go in the newspaper and on the website. Special Events Application - Lorie s Ride Resolution by Council Member Messinger, seconded by Council Member Spirito to approve the Special Events Application for Lorie s Ride, voice vote unanimous, resolution carried. Special Events Application New Buffalo Farmer s Market (NBBA) Resolution by Council Member Peterson, seconded by Council Member Spirito to approve the Special Events Application for New Buffalo Farmer s Market (NBBA), voice vote Yeas: Council Members Spirito, Peterson, Mayor O Donnell Nays: Council Member Messinger Special Events Application Saturday Nights Alive (NBBA) Resolution by Council Member Messinger, seconded by Council Member Spirito to approve the Special Events Application for Saturday Nights Alive (NBBA), voice vote unanimous, resolution carried. Special Events Application New Buffalo ARTigras Art & Craft Festival (NBBA) Resolution by Council Member Messinger, seconded by Council Member Spirito to approve the Special Events Application for New Buffalo ARTigras Art & Craft Festival (NBBA), voice vote unanimous, resolution carried. Special Events Application New Buffalo Classic Car Cruise-IN (NBBA) Resolution by Council Member Spirito, seconded by Mayor O Donnell to approve the Special Events Application for New Buffalo Classic Car Cruise-IN (NBBA), voice vote unanimous, resolution carried. Authorization to initiate sale of City property located on the corner of Jameson and Indiana St. Discussion was held on the piece of City owned property and the process of possibly selling the property. Resolution by Mayor O Donnell, seconded by Council Member Messinger to table this item indefinitely, voice vote unanimous, resolution carried. Southwest Michigan Tourist Council Resolution to support campaign Resolution by Council Member Messinger, seconded by Council Member Peterson to support the campaign, not to finance any of it, voice vote unanimous, resolution carried. Page 4 of 7
Appeal by owner of 408 W. Indiana St. to abstain from constructing a sidewalk Resolution by Mayor O Donnell, seconded by Council Member Peterson to table the appeal until further research is done, voice vote unanimous, resolution carried. First Reading Ordinance 215 Animals on City Beach and Park City Manager Anderson read the current ordinance and did the first reading of Ordinance 215 Animals on City Beach and Park. Resolution by Council Member Messinger, seconded by Council Member Peterson to approve the first reading of Ordinance 215, Yeas: Council Members Peterson, Messinger, Spirito, Mayor O Donnell Authorization to go out for RFP for City Attorney Resolution by Mayor O Donnell, seconded by Council Member Spirito to send out the RFP for City Attorney, voice vote unanimous, resolution carried. MISCELLANEOUS Board Resignations none Appointments & Re-Appointments Zoning Board of Appeals (May 2019, May 2019) Resolution by Council Member Messinger, seconded by Mayor O Donnell to re-appoint Liz Grim- Vaughan to the Zoning Board of Appeals with a term ending May 2019, voice vote unanimous, resolution carried. Mayor O Donnell stated that Ray Kirkus is the current Zoning Board of Appeals liaison for the Planning Commission. He would like the Planning Commission to decide who they would like as their liaison and make that recommendation to Council at their next regular meeting. Harbor Commission (May 2019) Resolution by Council Member Messinger, seconded by Mayor O Donnell to re-appoint Nancy Smith to the Harbor Commission with a term ending May 2019, voice vote unanimous, resolution carried. LRSB City Representative Appointment & Alternate Resolution by Mayor O Donnell, seconded by Council Member Messinger to appoint Council Member Spirito as the LRSB City Representative, voice vote unanimous, resolution carried. Resolution by Council Member Messinger, seconded by Mayor O Donnell to appoint Council Member Peterson as the LRSB City Representative Alternate, voice vote unanimous, resolution carried. DDA Board Appoint Mayor to Board Resolution by Council Member Messinger, seconded by Council Member Peterson to appoint Mayor O Donnell to the DDA Board, voice vote unanimous, resolution carried. Page 5 of 7
Friends of Harbor Country Trail Resolution by Council Member Messinger, seconded by Mayor O Donnell to appoint Council Member Spirito as the Friends of Harbor Country Trail City Representative, voice vote unanimous, resolution carried. Vacant Positions - FYI Zoning Board of Appeals (Alt. May 2017, Alt. May 2018) Park and Recreation Board (Alt. May 2019) Construction Board of Appeals (May 2017, May 2018) Local Officers Compensation Commission (May 2017, May 2018, May 2019) Civil Service Board (May 2019) LRSB, Cemetery Board & Pokagon Fund Updates & Subsequent Council Action LRSB no changes Cemetery Board no updates. Pokagon Fund Council Member Messinger stated the board is moving into strategic planning sessions in June. The grant review meeting is tomorrow. Correspondence 2016 Berrien County Equalization Report Letter from Diana Nichols on a new concession by the beach and the walkway and stairs on the dune. Letter from Ron Watson, President of SSPOA regarding the Berrien County Drain Commission under taking the task of improving the drainage for Lighthouse Creek. Letter from Ms. Gotfried that she read aloud at the previous council meeting. Letter from Chair Fisher requesting authorization from council for Planning Commission to hire their own consultant. Late email from Mr. Kirkus that was passed out to council tonight. Department Reports & City Manager s Report Preliminary work has begun on the reconstruction of the Harbor Grand lift station. Received the Draft reports from General Code and now have until September to review and make recommendations. Distributed a draft revision of the Zoning Code that will need two readings. Will post on the website next week. Can do a working session to go over the information. Updated Council on the Michigan Thyme lease falling through at the last minute and the reconfiguration of the fencing that is to go up. The correct zoning map has been replaced in the draft Master Plan. Updated the Council on the drugstore. Should have the signed order tomorrow. Once that is received the Special Land Use permit will be signed and delivered to Mr. Wojdula. Council Comments Council Member Messinger asked the City Manager for updates on the fence at the Fountain Square property, if corrections were made in the Master Plan, and an update on the drugstore and issuing a Special Land Use. Council thanked everyone for coming out. Page 6 of 7
Adjourn Resolution by Council Member Messinger, seconded by Council Member Spirito to adjourn the meeting at 9:38 p.m., voice vote unanimous, resolution carried. Lou O Donnell IV, Mayor Allyson Holm, City Clerk Page 7 of 7