FREMONT CITY COUNCIL

MINUTES – REGULAR MEETING

Monday, August 7, 2006 – 7:00 PM

Mayor James Rynberg called the meeting to order at 7:00 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, James Breinling and Larry Breuker

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

Public Present: Aaron Catlin

Approval of Meeting Agenda

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

Resolution R-06-17: Honoring Richard Rought for 36 Years of Service to His Community

Motion by Councilmember Breinling, seconded by Councilmember Breuker, and carried to approve Resolution R-06-17 honoring Richard Rought; motion approved.

Consent Action Items

Motion by Councilmember Breinling, seconded by Councilmember Breuker, and carried to approve the following Consent Action Items:

• Minutes of the Regular & Closed Sessions held July 17, 2006
• Minutes of the Closed Session held July 25, 2006
• Resolution R-06-18: Authorization to execute MDOT Grant Contract No. 2006-0585 - Installation of an Automated Weather Observation Station (AWOS) at the Fremont Municipal Airport for $110,000, with a 5% City match of $5,500
• Acceptance of $4,000 grant from the Fremont Area Community Foundation for purchase and installation of an Electronic Scoreboard for the ballfield at Branstrom Park, totaling $8,100
• Contract with Quality Air for installation of upgrades to the Municipal Building HVAC Control System totaling $65,441
• Approve slate of candidates on the ballot for election of the MML Workers’ Compensation Fund Board of Trustees
• Bruce & Deb Deuling’s request for use of City property for placement of three Geocaches, contingent on submittal of map of specific field locations and acceptance of Geocaching placement guidelines

Minutes of the Special Session held July 25, 2006

Councilmember Drake requested paragraph 10 of page 1 be amended to read as follows: “Council determined not to discuss adjustments to the City Manager’s compensation package until resolution of his performance behaviors was finished.”

Motion by Councilmember Drake, seconded by Councilmember Breuker to approve the Special Session Minutes as amended; motion approved.

Accounts Payable Check Register Report dated August 3, 2006 totaling $325,709.68

Motion by Councilmember Conley, seconded by Councilmember Drake to approve the August 3, 2006 Accounts Payable Check Register Report totaling $325,709.68; motion approved.

Ordinance O-06-02: Establishing a Joint Planning Commission among Sherman, Dayton & Sheridan Townships and the City of Fremont

Motion by Councilmember Breinling, seconded by Councilmember Breuker to adopt Ordinance O-06-02 establishing the Fremont Community Joint Planning Commission; motion approved by a unanimous roll call vote of:

 Yeas:          Rynberg, Conley, Drake, Breinling & Breuker

Nays:          None

Absent:       None

Professional Services Agreement for Design & Construction Engineering: Fremont Industrial Park Entryway and Outlot A Wetland Enhancement Projects

Motion by Councilmember Drake, seconded by Councilmember Conley and approved to enter into a professional services agreement with Fleis & VandenBrink for the final design and construction engineering services as follows for $36,700:

A.    Topographic Survey & Mapping                  D.    Permits

B.     Preliminary Design Engineering                   E.     Easements

C.     Final Design Engineering

Construction Management Agreement: 1) Fremont Industrial Park Entryway & Outlot A Wetland Enhancement Projects; and 2) Market Pavilion and Downtown Northeast Block Parking Lot & Alley Improvements

Mr. Aaron Catlin, of Fleis & VandenBrink Construction Management, Inc., summarized the differences between several construction management delivery systems:

• Design / Build
• Design / Build / Finance
• Construction Manager at Risk
• Construction Manager not at Risk

Fleis & VandenBrink have proposed to offer services for the above projects based on the third delivery system: “Construction Manager (CM) at Risk.”  Mr. Catlin noted that the benefits of this method of CM are:

• No redundant construction observation costs
• Single source responsibility (CM firm solicits all trades, suppliers & subcontracts directly)
• Ability for City to view actual bids from trades, suppliers & subcontractors
• CM firm will work w/ City to secure competitive quotes from local suppliers & firms
• CM firm provides payment & completion bonds for the overall project, allowing smaller (and especially local) suppliers & subcontractors to participate in a project
• Guaranteed maximum price
• CM firm holds the subcontracts directly (not through a prime / general contractor)
• Maximum authority provided on City’s behalf
• Only one bill to pay
• CM firm warrantees the project
• Cost is traditionally less than the traditional construction management systems.

Motion by Councilmember Drake, seconded by Councilmember Breinling and approved, to retain Fleis & VandenBrink Construction Management, Inc. to provide construction management services based on the following fee schedule as outlined in F&V’s CM proposal of 8/4/06 and to amend the FY 06/07 DDA, LDFA & Capital Fund Budgets to appropriate the necessary funds:

Farmers Market & NE Parking Lot:

• CM profit & overhead of 8.5% of the total of all trades & expenses (5% profit; 3.5% overhead) (P&O estimated @ $84,000)
• Plus $66,500 for services related to bidding, staking, supervision, project management / administration and materials testing (replaces items G-K in the original design proposal.)
• Total Estimated Fee: $150,500

Industrial Park Entryways & Outlot A:

• Same 8.5% profit & overhead as above (P&O estimated @ $18,300)
• Plus $12,300 for the same above services (replaces items F-J in the original design proposal)
• Total Estimated Fee: $30,600

Construction General Conditions & Related Services (Bonds, insurance, carrying costs, warrantee, permits, etc.)

• These expenses (as outlined in the proposal) are estimated to be $15,000-$20,000 in addition to the above fees.  F&V will provide a firm amount upon receipt of trade/subcontractor bids.

Total Estimated CM Contract Costs: $196,100 - $201,100

Proposed Objectives: CM’s FY 06/07 Performance Planning & Evaluation System

Council discussed and reviewed the FY 06/07 proposed objectives submitted by City Manager Yonker.  Motion by Councilmember Drake, seconded by Councilmember Breuker to approve the City Manager’s performance objectives for FY 06/07 as amended & discussed; motion approved.

The Following Written Communications Were Submitted for Council Review:

• City Manager’s Friday Newsletter of 8/4/06
• Fremont Fire Department Minutes of the 7/24/06 Meeting
• Local Development Finance Authority (LDFA) Minutes of the 6/15/06 Meeting
• Downtown Development Authority Façade & Historic Preservation Subcommittee Minutes of the 7/17/06 Meeting
• DDA Downtown Improvement Ad-Hoc Steering Committee Notes of the 7/25/06 Meeting
• Updated 5-Year Development Plan: Fremont Municipal Airport
• Fremont Area Community Foundation 2nd Quarter ’06 Fund Statements for the following funds: 1) William Branstrom City Parks (Branstrom & Arboretum); 2) Fremont Beautification; and 3) City Advise Endowment

• Richard Rought 8/11 Retirement Open House Announcement
• MML 7/10/06 Memo: “Key Points on Relevant MML Issues”
• Newaygo Co. Quarterly Newsletter: Summer ’06
• MDOT Announcement: August ’06 Open House Schedule for MI Transportation Plan
• Home Sales Market Data Report: Newaygo County, June ’06
• Dow-Jones Market Watch Economic Report: “Homes for Sale Rise to 9-Year High; Price Appreciation @ an 11-year Low as Existing-Home Sales Soften”
• Alternatives in Motion Newsletter: Summer ’06
• Citizenship in a Republic- “The Man in the Arena” – Speech by President Theodore Roosevelt at the Sorbonne, Paris, France, April 23, 1910
• Times Indicator Articles:
• 7/19 & 26/06: “Notice of Intent to Issue Bonds & Right of Referendum Relating Thereto”
• 7/26/06: “Governor Visits NBFF to Promote Education”
• 7/26/06: “Governor’s Picture w/ N.C. Pride Group”
• 7/26/06: “Fremont School Board Elects New Officers”
• 8/2/06: “Primary Election Coming on Tuesday”
• 8/2/06: “Richard Rought to Retire from City of Fremont on August 11”
• 8/2/06: “Solicitation for General Contractors- DT Rental Rehab Program”
• 8/2/06: “Help Wanted Ad- Fremont Peebles Department Store”
• 8/2/06: “Extension Lines: Michigan has only a 17% Recycling Rate”
• Muskegon Chronicle 7/16/06 Article: “City of Muskegon’s Push for Owner-Occupied Homes Making a Difference”

Closed Session: Land Acquisition

Motion by Councilmember Breinling, seconded by Councilmember Conley to close the Regular Session at 9:28 PM and enter into a Closed Session to discuss a possible land acquisition; motion approved by unanimous roll call vote.

The Closed Session ended at 9:38 PM and the Regular Session reconvened.

Adjournment

Motion by Councilmember Breuker, seconded by Councilmember Conley to adjourn the meeting at 9:38 PM; motion approved.

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                                                                                      James M. Rynberg, Mayor

                                                                                      _________________________________

                                                                                      Todd M. Blake, City Clerk