MINUTES – REGULAR MEETING

FREMONT CITY COUNCIL

Monday, August 1, 2005 – 7:00 PM

Mayor James M. Rynberg called the meeting to order at 7:05 PM.  Councilmember James Breinling gave the invocation and led the Pledge of Allegiance to the American Flag.

Present at Roll Call: Mayor James M. Rynberg and Councilmembers James Breinling, Larry Breuker, Dick Conley and Jane Drake

Staff Present: City Manager Chris Yonker and City Clerk/Finance Director Todd Blake

Public Present: Joel Newsted, Karla Gilliland, Ron Vliem, Duane & Nancy Luchies, John Grasley, John Frens, Ray Arnett, Eric Burkheiser, Chris Hudson, Max Lee and Dave Witte

Approval of Meeting Agenda

Motion by Councilmember Breinling, seconded by Councilmember Conley to approve the meeting agenda; motion approved.

Consent Action Items

Motion by Councilmember Drake, seconded by Councilmember Breinling and carried to approve the following consent action items:

• Minutes of the Regular Session held July 18, 2005
• Appointment of City Clerk as Officer Delegate to the ’05 MERS Annual Meeting
• Resolution R-05-27: Approving the Request for the Provision of Urban Services to Property within the Phase 2 Growth Area as Delineated in the 12/29/04 “Development Cooperation Agreement between the City and Dayton & Sheridan Townships” Pursuant to Act 425 of the P.A. of Michigan of 1984
• Award of Construction Contract for sections of Sheridan & Maple Streets & East Avenue, to Hallack Contracting for $349,021.60
• Purchase of Pipe & Fittings for Sheridan & Maple Streets & East Avenue Construction Projects from East Jordan Iron Works for $50,898.37
• Purchase of Manhole & Catchbasin Covers for Sheridan & Maple Streets & East Avenue Construction Projects from East Jordan Iron Works for $2,573.06
• Purchase of Concrete Manhole Materials for Sheridan & Maple Streets & East Avenue Construction Projects from Bush Concrete for $4,077
• FY 05/06 Budget Amendments for 2005 Street Construction Projects as follows:

GENERAL FUND

The General Fund is required to match 50% of the construction costs for Local Streets.

101-966.000-999.203       Transfers Out – Local Street                   34,300

101-000.000-699.028       Transfer from Fund Balance                                                   34,300

LOCAL STREETS FUND

The General Fund is required to match 50% of the construction costs for Local Streets, whereas the bids for construction of Maple and reconstruction of Sheridan & East were higher than budgeted.

203-966.000-999.490       Transfers Out – Local Street                  68,600

203-000.000-699.001       Transfer from General Fund                                                    34,300

203-000.000-699.028       Transfer from Fund Balance                                                   34,300

CAPITAL PROJECTS FUND

The City budgeted $153,000 for the construction of a section of Maple St. and reconstruction of sections on Sheridan St. and East Ave.  The lowest bid portion of the combined project totals $221,600.

490-451.001-801.018       Maple Street                                              25,550

490-451.001-801.023       Sheridan Street                                          43,050

490-000.000-699.203       Transfer from Fund Balance                                                   68,600

WATER FUND

The City budgeted $83,000 for watermain installation and replacements along the sections of Maple, Sheridan and East Ave.  Steel prices have risen sharply and the lowest bid portion of the combined project totals $131,500.

591-558.000-930.000       Repair (Replacements)                             44,225

591-559.000-970.015       Maple Street                                                4,275

591-000.000-699.028       Transfer from Fund Balance                                                   30,570

                                          Use of Un-appropriated Revenues                                        17,930

• Resolution R-05-28: Entering into a Licensing Agreement with Wesco, Inc., for the installation of seven temporary groundwater monitoring wells to monitor possible migration of petroleum constituents from WESCO
• Correction to previous Council Action on 7/18/05, whereas the City Manager’s Compensation Adjustment of 3% is on his current salary of $75,400, with a revised new salary of $77,662 and effective 7/1/05

Accounts Payable Report dated July 28, 2005 totaling $486,595.06

Motion by Councilmember Breinling, seconded by Councilmember Breuker to approve the accounts payable check register report dated July 28, 2005 totaling $486,595.06; motion approved.

Public Hearing: Application for Industrial Facilities Tax (IFT) Exemption from Dura Automotive Systems, Inc.

Mayor Rynberg opened the public hearing at 7:11 PM and Dura Fremont Plant Manager Joel Newsted gave an overview of the equipment purchase and implementation project.  Mr. Newsted noted there will be major additions to the plant over the next three years and employment is expected to reach 400 at Dura’s Fremont plant, up from the present 350.

Following discussion, Mayor Rynberg closed the hearing at 7:15 PM.

Resolution R-05-26: Approval of IFT Application from Dura Automotive Systems, Inc.

Motion by Councilmember Drake, seconded by Councilmember Breinling to approve Resolution R-05-26 approving the IFT application and IFT Agreement between Dura and the City; motion approved.

Request for Use of Veterans Memorial Park for Fremont Harvest Festival Arts & Craft Show

Motion by Councilmember Drake, seconded by Councilmember Breuker to grant the request for use of Veterans Memorial Park for the Chamber’s Harvest Festival on October 7th & 8th; motion approved.

Request for Closure of State Trunkline M-82 for the Harvest Festival Parade

Motion by Councilmember Breinling, seconded by Councilmember Conley to authorize a temporary closure of M-82, from Darling to Mechanic, for the Fremont Harvest Festival Parade on October 6th from 6:00-6:45 PM; motion approved.

Motion by Councilmember Drake, seconded by Councilmember Breuker to authorize use of Branstrom Park for a community “pumpkin roll” event on October 8th in coordination with the Harvest Festival; motion approved.

Request for Use of Arboretum Park for Frisbee Golf Tournament

Dr. Chris Hudson requested use of Arboretum Park for the third annual Frisbee golf tournament and announced the event had been designated as the Raymond Rathbun Memorial Frisbee Golf Tourney.

Councilmember Drake noted Arboretum Park is designated a “passive use” park, not intended for recreational purposes.

Dr. Hudson reported the event had been very successful the last two years and that there have been no complaints.

Motion by Councilmember Drake, seconded by Councilmember Breinling to permit use of the Branstrom Park Disc Golf Course for the tournament; motion approved.

Motion by Councilmember Breuker, seconded by Councilmember Conley to permit use of Arboretum Park for the tournament; motion failed.

Review of Staff Response to Claim for Damages: Sanitary Sewer Back-up

City Manager Yonker reported the City’s liability insurance carrier has deemed the City as not liable, whereas the City was not negligent in its response to repairing a watermain break in front of the Luchies’ residence.  He noted that State statutes and current case law has determined that “trespass nuisance” is not an exception to governmental immunity from liability.

Mr. Luchies felt the City should have fixed the watermain break on Sunday, as opposed to Monday morning, and that the City should share in his sewer repair expenses.

Fremont Municipal Airport Manager, FBO, Maintenance & Gerber Hangars Contractual Arrangements

City Manager Yonker gave an overview of the recent concerns expressed by local pilots, regarding airport management, and submitted copies of proposals submitted for management of the airport.  The proposals also addressed potential opportunities for commercial expansion at the airport, due to the City’s recent acquirement of the Gerber Hangar complex.

Following discussion, Mayor Rynberg requested staff and members of interested Council meet individually with Airport Manager John Grasley and the other respondent, John Frens to discuss their proposals.  Mayor Rynberg also requested these items be placed on the August 15th agenda.

Reports

City Manager Yonker reported NCEDO had received a $15,000 grant from the Fremont Area Community Foundation to assist in the organization of a countywide Convention and Visitors Bureau (CVB) that would take the lead in promoting tourism in Newaygo County.  Mr. Yonker also noted there would be a Neighborhood Design Charrette on August 23rd at 7 PM in the City Council Chambers, as a follow-up public session on the City’s zoning ordinance re-write.

The Following Written Communications Were Submitted for Council Review:

• City Manager’s Friday Newsletter: Semi-Mo. Progress Report on Key City Objectives, Policies & Projects
• Fire Department Minutes of the 7/25/05 Meeting
• Planning Commission Minutes of the 7/26/05 Meeting
• Fremont ‘Polarfest’ Committee Minutes of the 7/25/05 Meeting
• Press Release: Notice of Award of CPFA(Certified Public Finance Administrator) to City Treasurer Gay Krouse
• June ’05 Planning & Zoning Center News Article: “Cooperative Land Use Planning with the Joint Municipal Planning Act- Are Michigan’s Local Governments Ready?”
• NCEDO Executive Director’s Activity Reports for May & June, ‘05
• Fremont Area Community Foundation 2nd Quarter ‘05 Fund Statements for the following funds:

1) William Branstrom City Parks; 2) City Advised Endowment; and 3) Fremont Beautification

• MDOT Construction & Motorist Info Brochure: “M-82 Construction, Sheridan Township, Newaygo County”
• Times Indicator Articles:
• 7/27/05: “M-82 Highway Closed @ 64th Street”
• Muskegon Chronicle Articles:
• 7/27/05: “The Changing Face of Pentwater”
• 7/27/05: “New ‘Front Porch’ Development Aims to Keep Community Walkable”

Closed Session: Union Negotiation Strategy

Motion by Councilmember Drake, seconded by Councilmember Breuker to close the regular session at 9:40 PM and enter into a closed session to discuss union negotiation strategy; motion approved by roll call vote of:

              Yeas: Rynberg, Conley, Drake, Breinling, Breuker

              Nays: None

The closed session ended at 10:10 PM and the regular session reconvened.

Adjournment

Motion by Councilmember Breinling, seconded by Councilmember Breuker to adjourn the meeting at 10:10 PM; motion approved.

                                                                                      _________________________________

                                                                                      James M. Rynberg, Mayor

                                                                                      ___________________________________

                                                                                      Todd M. Blake, City Clerk