Regular Council Meeting Tuesday, June 15, Main St. - City Hall Frankfort, Michigan (231)

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Regular Council Meeting Tuesday, 412 Main St. - City Hall Frankfort, Michigan 49635 (231) 352-7117 Meeting was called to order by Mayor Johnson at 7:00 p.m. Pledge of Allegiance Roll Call - Present: Haugen, Higman, Holwerda, Johnson, Stransky Absent: None Agenda Amendment Motion by Haugen, seconded by Holwerda to amend the agenda to include Item (k) Committee Appointments, Item (l) Increase Bags & Tags and Item (m) Contract Negotiation update POAM Closed Session under new business. Public Input will follow Item (l) prior to Item (m). Request to Appear Before Council None Public Input Jon Hawley 403 Forest Ave. Speaking on behalf of the Pt. Betsie Lighthouse Renovation Project, there was a ceremony last week which marked the completion of the renovations which Josh Mills attended. Hawley wanted to publicly thank all those involved in the restoration and invite everyone to visit the lighthouse to tour the restoration. Alma Penfold House 221 Michigan Ave. Why would the City consider allowing the bike rental on park property when there are so many empty buildings on Main Street. The building belonging to Dr. DeGuia would be a perfect place to have the bike rental. Steve Campbell Harbor Lights Resort Is asking to place the Pedal Perfection Building adjacent to the Harbor Lights property on the south side of the trail. Campbell originally thought that the building was on Harbor Lights property and discovered after placing it that it was City property. Campbell stated he would move it if the City did not approve the location to a little stretch of grass on Harbor Lights property near Marquette Circle. Dick Lutz Owner of Pedal Perfection felt that this was a very good location for his business because it would be much safer for the bikes to start off on the trail. There have not been any problems with the bike rentals in the past but in the previous locations of the rental building the bikes and surreys would have to cross Main Street in order to access the trail. Lutz stated if the City allowed this location, they would be named additional insured on his 2 million dollar liability insurance policy.

Page - 2 - Fred Stransky Thanked the Tree Board for all their hard work on the City trees. The City appreciates the efforts put forth by this group for all the care to the trees. Correspondence Charter New HD Programming Senator Carl Levin Concerns, protection and clean up of the Great Lakes and the Asian Carp concerns. Susan McClure Reimbursement of Launch Ramp Project Approval of Minutes Motion by Holwerda, seconded by Higman to approve the regular meeting minutes of 05/18/10 and special meeting of 05/19/10 and 06/07/10 and public hearing of 06/07/10 as presented. Approval of Bills Motion by Holwerda, seconded by Haugen to approve prepaid vouchers #39728-39775 in the amount of $107,625.06 of which $46,364.49 was DNR Launch Ramp Draw. Payroll vouchers 23453-23640 in the amount of $41,957.11 as presented. Motion by Holwerda, seconded by Higman approving monthly Vouchers #39776-39822 in the amount of $67,851.49 as presented. Committee Reports a) Personnel/Public Safety The personnel committee has started negotiations with the Police Department. As soon as the committee gets a letter from the DPW and O&T union stating they can start negotiations with them. Stransky asks if there has been a review of the assault issue involving a 80 year old woman and one of our police officers. Chief Redder stated that the officer was within the use of force continuum. Stransky asked if there would be any civil litigation exposure. Redder responded there is always exposure for potential litigation with anything. Stransky asked that Chief Redder inform the council if there are any incidents that could cause litigation in the future. b) Finance Finance committee will be meeting on June 30 th to go over end of year figures and make any necessary adjustments. Holwerda also requested that weekly checks be held back and paid when there is money in the general cash line. c) Water/Sewer & Solid Waste Progress meetings for the water/sewer project are held every two weeks. There is a problem with the engineer asking to be paid for items and services that were included when they did the Phase I part and now they are charging for the services.

Page - 3 - d) Recreation Board The Board met on June 2 nd. Committee reports came from the Summer Rec. Program, Community Kitchen and Tree Committee. Discussed the POMH Summer Rec. Program and it was decided not to do anything with them this year. The Board was happy with the condition of Open Space Park and the efforts put forth in the restoration. There is an interest for an alternative plan for restrooms at Lake Michigan Beach. The playground equipment at Mineral Springs Park was removed and the board will be looking at donations and fundraisers for replacement fixtures. Disc Golf was discussed and will be on the agenda under new business. e) Fire Advisory No meeting. Need to recognize the retirees (Dave Gum, Russ Johnson and Jodi White) for their service to the City. f) Planning Commission A meeting was held on June 8, 2010. There was not a quorum present. Steve Campbell was allowed to present a revised Lake Michigan Beach Restroom Proposal for initial consideration and input from the commission. Bruce Ogilvie reported that Wade Trim has requested an additional $10,000 to complete the Zoning Ordinance. Mills stated that the CZM Grant could cover the cost if the City absorbs more costs of the virtual model. There is an in-kind component. A variance for parking was issued to the Bayview Grille at 727 Main St. There will be a zoning workshop for Planning Commission, Zoning Board of Appeals and City Council. The date has not yet been determined. g) Airport Authority Higman reported that the airport manager and the glider community are not communicating very well. The glider club may pull out of Frankfort and move its operation to Thompsonville. h) Grant Mills is looking at the new grant from the Northwest Michigan Council of Governments. The grant is for $20,000 towards a Grand Vision project. i) BLUA Holwerda asked that BLUA not increase their cost to the City until the new fiscal year. BLUA agreed to wait until after July 1 st. BLUA is trying to get additional business from the waste haulers. It may be possible that if BLUA can make up the difference from the waste haulers, they can rebate money back to the City. j) Brownfield Redevelopment No meeting. k) Marina Authority No report. l) Commissioners Report Kristin Hollenbeck No report.

Page - 4 - m) Tree Committee The new poster for 2010 is out and available for sale at City Hall as well as other locations. There is a new tree with a new grate planted on Main Street between 3 rd and 4 th Street near The Scoops Ice Cream store. The hope is to put grates on all the Main Street trees. Departmental Reports Clerk/Treasurer Kidder returned back to work following two weeks off for sick leave. The staff managed everything well in Kidder s absence. There will be a 10% increase in dental rates which was already figured into the budget. The election workers refresher course will be on Wednesday, June 23rd for all election officials. The Board of Review will be held on July 20 th at 1:30 p.m. to go over corrections to the tax roll. Kidder gave all the information on the Pilot Ordinances to the Equalization Department at the county. Superintendent Mills stated that some time in the near future the lighthouse in Frankfort will be taken over by a non-profit or municipality, just as the Pt. Betsie Lighthouse has been. The light will still be maintained by the Coast Guard but the lighthouse itself will eventually be under the care of a non-profit or municipality. Mills spoke with Shakespeare in the Park event planners that would like to use Tank Hill as their theater. In the past they have performed at the Waterfront Park in Elberta, but due to conflicts in scheduling they are unable to perform there. Once they saw the area at Tank Hill they thought it was the perfect setting for their plays. There would be some parking available along with the possibility of a shuttle from the schools or churches. Event planners said their average attendance is 60 to 70 people per performance. Mills stated that a special meeting will be needed for the Allied Waste contract once he has a time when they can meet. Mills said in the past the first year of the contract they keep the pricing the same. The Consumers Energy Streetlight audit is done and it appears that the City will be receiving about $1,000 back in the form of credits on our bill. The billing rate will also be less. The water/sewer project will have a completion date of mid to late August. There are some unforeseen costs that have lowered the contingency which makes some of the council members nervous about completing the project within budget. The DPW is working hard to have everything ready for the summer season. The 4 th of July parade will be on Saturday, July 3 rd. There will also be a carnival in the Open Space Park the weekend of the 4 th. Fireworks will be on the 4 th as usual. The launch ramp project is going well. The lights are up in the parking lot. The parking lot will be seal-coated soon. The launch ramp and marina are up in sales over last year.

Page - 5 - Chief of Police Memorial weekend went well and there were a lot of visitors to the City. The bike sale brought in $197.00 with eight bikes sold. The reserve on the old police car was $1,500.00 and the only bid that came in was for $650.00. Redder is looking for other options for listing the car maybe through a State website or online auction. The 911 Advisory Board has decided to put the 911 surcharge renewal on the August ballot. They are also looking to hire a director after the wage is okayed by the Commissioners. Officers Lozowski and Wolfe have both received class time on the new rifles and will now be able to get out to the shooting range with them. Chief Redder did visit the Paul Oliver Memorial Hospital summer recreation program and went over personal safety with the staff. Old Business None New Business A) Sleeping Bear Dunes Boat Tour Lease - Mills Motion by Johnson, seconded by Haugen to approve a Corps Docking Area Permit Agreement between the City of Frankfort and Sleeping Bear Dunes Boat Tour Cruises at a yearly rate of $4,000.00 covering the 2010 season. B) Coho Café Liquor License Transfer of Ownership - Kidder Motion by Holwerda, seconded by Higman to approve the Resolution to transfer Class C-Resort licensed business located at 320 Main Street from Lookaway Holdings, Inc. to Coho, LLC as presented. C) Disc Golf Mills Higman asked if there was a plan or layout of the course that council could look at. Ken Lake from the Recreation Board will be assisting in the planning and development and when they layout the course they will map it out for council and ask for their approval. Motion by Johnson, seconded by Higman to proceed with planning and development of a 9-hole disc golf course on Tank Hill at no cost to the City.

Page - 6 - D) Seasonal Employee Contracts - Mills Motion by Johnson, seconded by Haugen to approve the Seasonal Employee Contract as presented. E) FEAS Agreement to Collect Taxes - Kidder Motion by Holwerda, seconded by Higman to approve the Agreement for Collection of Summer School Property Taxes between the City of Frankfort and the Frankfort Elberta Area School District and authorize the Clerk/Treasurer and Mayor to sign for the City. F) USDA Water/Sewer Pay Request #2 Phase II - Mills Motion by Johnson, seconded by Haugen to submit a payment to the USDA for an amount not to exceed $101,680.67 to Bonney Brothers and $8,535.00 to Mansfield & Associates. The release of funds is contingent on USDA approval. G) Approval of Finance Committee/Recommendations for fiscal year end - Kidder Motion by Johnson, seconded by Higman to authorize the finance committee to make all necessary budget amendments and transfers needed to balance the budget for fiscal year 2009/2010 and to authorize the City Clerk/Treasurer and her Deputy Treasurer to bring all line items to the year to date amount and make what amendments are necessary to balance the budget for 2009/2010 and to transfer any additional cash necessary before or after June 30, 2010. H) MDNRE Pay request #4 - Mills Motion by Holwerda, seconded by Haugen to authorize pay request #4 for a total amount of $33,195.43 for the MDNR Municipal Boat Launch Improvement Project when sufficient funds are available. I) McKay & McKay Attorney Contract - Kidder Stransky has been very impressed by their performance as our City Attorneys.

Page - 7 - Motion by Johnson, seconded by Haugen to approve the Memorandum of Agreement with McKay & McKay for legal services for a one-year term to expire on June 30, 2011 as presented. J) Lease portion of Cannon Park for Bike Rentals Mills Motion by Higman, seconded by Haugen to approve establishment of a lease to allow this operation (Peddle Perfection) to temporarily occupy (while waiting on the lease) on a portion of City property at a seasonal fee of $500.00. If approved, Joan McKay will generate the lease and upon completion, it will be before City Council for final approval. RC: Yeas: Higman, Holwerda, Haugen Nays: Stransky, Johnson Motion K) Committee Appointments Mayor Johnson CARRIED Motion by Mayor Johnson, (no second required) to appoint Kim Fairchild and Melina Penne to the Planning Commission for a three year term to expire on 04/09/2013 and Jennie Schmitt to the Library Board for a 2 yr term to expire on 06/30/2012. L) Increase Bags and Tags Kidder Motion by Johnson, seconded by Haugen to approve the increase in bag and tag sales from $22.50 for 10 bags or tags to $25.00 for 10 bags or tags effective July 1, 2010. PUBLIC INPUT Dennis Haugen Has concerns about the new dumpsters Allied Waste has provided the business owners because they have no locks on them. Haugen has noticed people dumping their garbage in the unlocked dumpsters. Haugen thanked council for the letter of appreciation to the Chamber for the clean up of the Open Space Park following the Shiver by The River. There were many volunteers and extra lawn care assistance from Crystal Downs. It was a cooperative event. Recess from 9:11 to 9:15 M) Contract Negotiations - POAM Motion by Holwerda, seconded by Johnson to go into Closed Session pursuant to Section 8 (C) of the Open Meetings Act to discuss contract negotiations between COF and POAM at 9:15 p.m.

Page - 8 - Return to Open Session at 9:43 p.m. Adjournment Motion by Stransky, seconded by Higman to adjourn the regular council meeting at 9:43 p.m. Meeting adjourned at 9:43 p.m. Robert J. Johnson, Mayor Kimberly K. Kidder, Clerk/Treasurer