MINUTES – REGULAR MEETING

FREMONT CITY COUNCIL

Monday, January 16, 2006 – 5:00 PM

Mayor James Rynberg called the meeting to order at 5:00 PM.  Councilmember Dick Conley gave the invocation and led the Pledge of Allegiance to the American Flag.

Present at Roll Call: Mayor James Rynberg and Councilmembers Dick Conley, Jane Drake and James Breinling.  Councilmember Larry Breuker arrived at 5:10 PM.

Staff Present: City Manager Chris Yonker, City Clerk/Finance Director Todd Blake, Neighborhood & Economic Development (NED) Director Michele Ribant & Fire Chief Rusty Boeskool

Public Present: None

Approval of Meeting Agenda

City Clerk Blake submitted a memo requesting the addition of item “8.3 Selection of Mayor Pro-Tem” to the agenda.

Motion by Councilmember Breinling, seconded by Councilmember Conley to approve the meeting agenda with the addition of item 8.3; motion approved.

Consent Action Items

Motion by Councilmember Breinling, seconded by Councilmember Drake and carried to remove Item # 3.6: “Request to Use City Parking Lot North of Chemical Bank for 2006 Farmers Market” and approve the following remaining consent action items:

• Minutes of the Regular Session held January 3, 2006
• Purchase of locker equipment for the Fire Department from Gear Grid for $6,114
• Purchase of Exhaust Air Filtering System for fire vehicles from Exhaustomatic Industries for $50,996 and the necessary budget amendments to reflect the purchase, the receipt of the $62,505 federal FEMA grant and the City’s $5% match of $3,125
• Agreement to again collect the property taxes levied by the Fremont Public Schools and the State Education Tax on the City’s summer tax billing for a $700 fee
• Updated Park & Recreation 5-Year Capital Improvement Schedule
• Request from the Newaygo County Council for the Arts (NCCA) to use Veterans Memorial Park & Amphitheater for a West Shore Symphony concert at 7 PM on August 9, 2006
• Request from NCCA to use Veterans Memorial Park & Amphitheater & to close Mechanic Ave. between Main & Dayton Streets for the NCCA Arts Festival from 6 AM – 6 PM on August 12, 2006

Request to Use City Parking Lot North of Chemical Bank for 2006 Farmers Market

NED Director Ribant noted the Farmers Market Committee has requested permission to open the market two weeks earlier and also include a weekday for its sales.  There was discussion on the Market’s newly proposed location north of The ArtsPlace.

Motion by Councilmember Drake, seconded by Councilmember Breinling to: 1) authorize use of the City-owned parking lot north of Chemical Bank for 2006; 2) allow the market to open two weeks earlier; and 3) allow use of the site for an additional weekday; motion approved.

Councilmember Larry Breuker arrived at 5:15 PM.

Accounts Payable Report dated January 12, 2006 totaling $96,582.63

Motion by Councilmember Breinling, seconded by Councilmember Drake to approve the accounts payable check register report dated January 12, 2006 totaling $96,582.63; motion approved.

Sale of City Fire Pumper / Engine

Fire Chief Boeskool reported the City received a $25,000 offer from a Wisconsin tribal fire department for the 1988 Ford/Quality Fire Engine (Department vehicle # 1110.)  He noted staff counter-offered with no success and upon further review and research into current asking prices for similar vehicles, recommends the City accept the offer.  A 10% commission of $2,500 would be due to the vehicle brokerage company Firetec Apparatus Sales per earlier agreement.

Motion by Councilmember Drake, seconded by Councilmember Breinling to accept the offer of $25,000 from Mr. Tom Lieshout of Appleton, Wisconsin; motion approved.

Request to Use Veterans Memorial and Branstrom Parks for Polarfest Events

The Fremont Area Chamber of Commerce requested use of City parks for the first annual Polarfest on Saturday, February 4, 2006.  The event is a direct outgrowth of discussions related to the Downtown Blueprint Plan & the City’s designation as a “Cool City.”  The event is scheduled to include snow bocce ball, snow sculpture/snowman competition and ice sculpture demonstrations at Veterans Park and family skating, winter disc golf, sledding and a bonfire at Branstrom Park.

Motion by Councilmember Breinling, seconded by Councilmember Drake to authorize the Chamber’s request to use the City Parks for their Polarfest event with the City’s standard insurance and cleanup procedure requirements; motion approved.

City Council Selection of Mayor Pro-Tem

Mayor Rynberg nominated James Breinling to continue serving as Mayor Pro-Tem for another two-year term ending November 2007.  There were no other nominations.

Motion by Mayor Rynberg, seconded by Councilmember Conley to appoint Councilmember James Breinling as Mayor Pro-Tem; motion approved.

Reports

City Manager Yonker reminded Councilmembers of Fremont Public Schools’ 7:00 PM public meeting regarding the proposed bond project to construct/reconstruct the new high school at its current location.

Council discussed resident concerns regarding Comcast’s recent removal of Channel 9/10 (CBS-Traverse City) from the basic cable package.  Following discussion, Councilmember Drake motioned, seconded by Councilmember Breinling to adopt Resolution R-06-01 requesting Comcast reinstitution of Channel 9/10 in lieu of Channel 3 (CBS-Kalamazoo) into the basic cable package available to residents; motion approved.

City Clerk Blake reported the Fremont Area Parks & Recreation Advisory Committee recommends that the City concur with inviting Sherman, Garfield and Bridgeton Townships to become part of the Fremont Area Parks & Recreation Advisory Committee and provide input on the updating of the Five-Year Fremont Area Parks & Recreation Master Plan.

Motion by Councilmember Drake, seconded by Councilmember Breuker to concur with the Committee’s recommendation to invite Sherman, Garfield & Bridgeton Township to become a part of the Fremont Area Parks & Recreation Advisory Committee; motion approved.

The Following Written Communications Were Submitted for Council Review:

• City Manager’s 1/13/06 Friday Newsletter
• Fremont Downtown Development Authority Minutes of the 12/14/05 and 1/4/06 Meetings
• Fremont Zoning Ordinance Project: 1/06 Staff Feedback on Draft Proposed Building Form Standards
• NCEDO Executive Director’s Report for December 2005
• Dayton Township Board 1/12/06 Agenda and Minutes of 12/08/05 Meeting
• Fremont Area District Library 2006 Board Meeting Schedule
• MML 1/6/06 Weekly Capitol Report
• The Bridge Friendship City Newsletter, Fall 2005
• Times Indicator Articles:
• 1/4/06: “Shop-with-a-Cop Helps Children in 17 Families”
• 1/11/06: “Maike Elected to Chair County Board”
• 1/11/06: “N. C. Commissioners Make Board Appointments”
• 1/11/06: “Newaygo County Board of Commissioners 2006 Meeting Schedule”
• 1/11/06: “LINC Accepting Applications for Leadership Series”
• 1/11/06: “Notice of Vehicles for Sale”

Closed Session: Pending Litigation (MI Tax Tribunal Cases)

Motion by Councilmember Drake, seconded by Councilmember Breinling to close the Regular Session at 6:40 PM and enter into a Closed Session to discuss pending litigation; motion approved by unanimous roll call vote of:

        Yeas:       Rynberg, Conley, Drake, Breinling, Breuker
        Nays:       None
        Absent:    None

The Closed Session ended at 6:53 PM and the Regular Meeting reconvened.

Proposed Settlement of Pending MI Tax Tribunal (MTT) Litigation Cases:

• MTT Docket No. 300098 (consolidated with Docket Nos. 300161, 300442 & 301429) for Tax Years 2003 and 2004
• MTT Docket No. 314358 for Tax Year 2005

The City Manager submitted two proposed Stipulations for Consent Judgment of the real property values tentatively agreed upon between the Gerber Products Company and the City’s negotiating team (staff, attorneys & valuation consultants.)  The parties reached agreement to:

• No change in the real property Assessed & Taxable Values for Tax Year 2003 (remains @ $9.5 million combined for the three parcels in the cases: 1-Ad Valorem tax roll; 2-IFT Tax Abatement tax roll);
• A reduction in Tax Year 2004 down to $8.2 million (Assessed & Taxable Values) combined for all three parcels;
• A reduction in Tax Year 2005 down to $7.1 million (Assessed & Taxable Values) combined for the two parcels remaining in the cases (one parcel’s IFT tax exemption expired in 2004 and the parcel has returned to the Ad Valorem tax roll);
• Have the City provide to Gerber a non-legally-binding letter of intent stating:
• A final reduction in upcoming Tax Year 2006 down to $6.6 million (Assessed & Taxable Values); and
• That if the City would hold the above 2006 real property values constant for the following three-year period (Tax Years 2007, 2008 & 2009) (except for new & loss or IFT expirations) with no change in that value due to the application of an annual inflation factor as authorized by Proposal A, then Gerber would agree not to further appeal the Assessed & Taxable Values during that same period; and
• Have Gerber reimburse the City $47,000 for a portion of the City’s legal and appraisal fees in relation to the appeal.

Motion by Councilmember Breinling, seconded by Councilmember Conley to authorize:

• The settlement of the pending MTT cases with the Gerber Products Company as proposed by the City’s negotiating team and outlined by the City Manager;
• The filing with the MTT by the City’s attorneys of the joint Stipulations for Consent Judgment regarding the above cases pending appeal before the MTT; and
• The City Manager and City Attorney to execute said agreements for submission to the MTT; motion approved.

Adjournment

Motion by Councilmember Breinling, seconded by Councilmember Conley to adjourn the meeting at 6:53 PM; motion approved.

                                                                                      _________________________________

                                                                                      James M. Rynberg, Mayor

                                                                                      _________________________________

                                                                                      Todd M. Blake, City Clerk