FREMONT CITY COUNCIL

MINUTES – REGULAR MEETING

Monday, September 17, 2007 – 7:00 PM

Mayor James Rynberg called the meeting to order at 7:00 PM and Councilmember Larry Breuker gave the Invocation and led the Pledge of Allegiance to the American Flag.

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

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

Public Present: Jim Patterson, Valorie Flynn, Steven Van Steenlyn, Lindsay Hagar, Garry Becker, Nadine Andrews, Chris Pence, Sheree Lincoln, Curt Crandell, Marilyn Heeringa and Gabriel Blackwell

Approval of Meeting Agenda

Councilmember Drake requested the addition of “Discussion on a Personnel Matter with the City Manager”, to the agenda.

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

Consent Action Items

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

• Purchase Fire Department New/Replacement Equipment:

              - 600’ of Fire Hose from Darley Inc.        $3,004.00

              - 15 Personnel Pagers from Tele-Rad       $6,218.42

• Execute Professional Services Agreement with Peppertree Consulting Group & MCrosson Associates, Inc. for Downtown Branding & Marketing, for an amount not to exceed the $10,000 USDA Rural Development grant received

Minutes of the Regular Session held September 4, 2007

Councilmember Drake requested the minutes be amended by replacing the first paragraph under “Consideration of Performance Objectives for City Manager for FY 07/08” on page two, with the following: “The City Manager submitted his objectives with several recommended changes.  Councilmember Drake noted she would amend the objectives and forward a final copy to Council.”

Motion by Councilmember Drake, seconded by Councilmember Breuker to approve the amended minutes of the Regular Council Session held September 4, 2007; motion approved.

Accounts Payable Check Register Report dated September 13, 2007 totaling $270,762.20

Motion by Councilmember Breuker, seconded by Councilmember Breinling to approve the September 13, 2007 Accounts Payable Check Register totaling $270,762.20; motion approved.

Resolution R-07-27: Establishing the Downtown Development Authority’s “Development District” as a “Redevelopment Project Area” under the Provisions of MI P.A. 501 of 2006, which Allows for the Issuance by the MI Liquor Control Commission (LCC) of Additional On-Premises Liquor Licenses

Motion by Councilmember Drake, seconded by Councilmember Conley to adopt Resolution R-07-27 establishing the DDA’s Development District as a “Redevelopment Project Area as noted; motion approved.

Ordinance O-07-04: Amending Chapter 4 ‘Housing’ of the City Code to provide for a Service Charge in Lieu of Taxes (aka: PILOT) for a Senior Multi-Family Housing Development Project (Wedgewood Apartments)

Motion by Councilmember Breinling, seconded by Councilmember Conley to adopt Ordinance O-07-04 amending Chapter 4 ‘Housing” to provide for a PILOT agreement for said senior multi-family housing development; motion approved by unanimous roll call vote of:

              Yeas:      James Rynberg, Dick Conley, Jane Drake, James Breinling, Larry Breuker

              Nays:      None

              Absent: None

Resolution R-07-28: Adopting the “Charter of the New Urbanism” and Encouraging the FCJPC to Subscribe to its Principles to Guide Public Policy, Development Practice, Land Use Planning and Design

Motion by Councilmember Drake, seconded by Councilmember Breinling to adopt Resolution R-07-28 as recommended; motion approved.

Ordinance O-07-05: Adoption of the New “City of Fremont Hybrid Form-Based/Traditional Zoning Ordinance” as Recommended by the City Planning Commission

Downtown business owners expressed their dissatisfaction with the new sign restrictions regarding ‘sandwich’ boards and building/awning sign letter-size restrictions.  There were also concerns regarding the new restrictions on “office-use” versus “retail-use.”

Following discussion, Council directed staff draft a policy on sign enforcement over the next year regarding sandwich boards in the Downtown area.

Motion by Councilmember Breinling, seconded by Councilmember Conley to adopt Ordinance O-07-05 adopting the new Hybrid Form-Based/Traditional  Zoning Ordinance as recommended by the Fremont Planning Commission; motion approve by roll call vote of:

              Yeas:      Rynberg, Conley, Drake, Breuker

              Nays:      Breuker

              Absent: None

Request for License Agreement for Use of a Portion of Boathouse Ave. Street Right-of-Way

City Manager Yonker reported Doug & Nanci Nieboer had requested a license agreement for use of a portion of the un-vacated Boathouse Avenue right-of-way.  City Manager Yonker also noted the Nieboers were informed before the property purchase, that the City had no desire to grant any licenses for development of the property.  It was also noted the road right-of-way falls within a City park, which requires City Planning Commission approval of any licenses or sales.

Following discussion, there was Council consensus to not consider their request for license.

Request for Revisions of “Option Agreement for Purchase of Real Property” between the City of Fremont and Novi Energy

City Manger Yonker reported Novi Energy has requested the City convey Fremont Industrial Park Lots 19, 20 & 21 along Locust Avenue, to them at no cost.  They also requested access to Green Avenue from said lots.

Following discussion, Council authorized staff offer the lots at $5,000 per acre and deny access to Green Avenue.  There are safety and courtesy concerns regarding the residential housing adjacent to the City’s properties along Green Avenue.

Establish City Policy on the Selling of City Designer Coffee Mugs by Chamber of Commerce, City and other Entities

The Fremont Chamber of Commerce requested permission to sell the City designer coffer mugs as promotional items and souvenirs of Fremont.  Following discussion, there was Council consensus to allow the Chamber and other local businesses to sell the city designer mugs as long as there were no modifications made to the design and mug style.

Fremont Planning Commission Appointments

Motion by Councilmember Drake, seconded and approved by Councilmember Conley to approve the following Fremont Planning Commission Appointments:

• Don Henry, 532 Seminole Drive - term expiring 7/1/08
• Dennis Caplis, 608 Arboretum Street – term expiring 7/1/10
• David Crosley, 410 Chippewa Drive – term expiring 7/1/10

Fremont Community Joint Planning Commission Appointment

Motion by Councilmember Drake, seconded by Councilmember Conley to appoint David Crosley to the Fremont Community Joint Planning Commission for a term ending 1/1/2008; motion approved.

Reports & Comments

Mayor Rynberg reported the next WMSRDC meeting is scheduled to be held in the Fremont Municipal Building Council Chambers on November 15th.

Councilmember Breinling reminded Council the next Deer Management Task Force meeting is scheduled for 7 PM on September 25th.

The Following Communications were transmitted for Council Review:

• City Manager’s Friday Newsletter (as revised to incorporate new objectives & format- @ mtg.)
• City Manager’s Final “FY 07/08 Work Plan Objectives” (as revised 9/4/07- @ mtg.)
• 9/12/07 Letter to Residents/Property Owners within 300’ Radius of Segment of Ammon Street Considered for Vacation: Request for written comments & Notice of 10/1/07 Public Hearing
• Nestlé Nutrition 9/4/07 Supplier Notice: “Acquisition of Gerber Products Co. & Gerber Life Insurance now Completed”
• WMSRDC September Newsletter Article: “Our Region … Did you Know?”
• National City 8/07 Financial Market Outlook: “Mortgage Meltdown”
• Fremont Fall Harvest Festival 10/6/07 “Hike & Bike” Flyer & Registration Brochure
• FADL FY 08 Budget Public Hearing Notice
• FPS Middle School Traffic Plan Option ‘J’ received 9/14/07 (for Council review & comment)
• Fremont Fire Department Minutes of the 9/10/07 Meeting
• Chamber & Member Calendars of 9/4 and 9/12/07
• MML 9/10/07 Legislative Link: “Senate Possible Option to Eliminate Statutory Revenue Sharing”
• City Manager’s Mark-up of Proposed State Bill Amending P.A. 312 (Arbitration for Police/Fire)
• 9/5/07 Clarification: “Inclusion of Provision in Proposed Zoning Ordinance: Parking in Front Yards”
• MIRS 9/13/07 Breaking News: “Sales Tax Hike Vote Falls Short”
• MRC Sept. ’07 Legislative Update
• Times Indicator 9/12/07 Editorial: “Four Big Melons for the Fremont Farmers Market”

Closed Session: Discussion on a Personnel Matter with the City Manager

Motion by Councilmember Drake, seconded by Councilmember Conley to close the Regular Session at 9:55 PM and enter into a Closed Session for the purpose of discussing a personnel matter with the City Manager with the City Manager’s consent; motion approved by unanimous roll call vote.

The Closed Session ended at 10:02 PM and the Regular Session reconvened.

Motion by Councilmember Drake, seconded by Councilmember Breuker to issue a verbal reprimand to City Manager Yonker regarding the delivery of Council meeting packets on Saturday morning instead of Friday evening per the City Council/City Manager agreed outline; motion approved with Councilmember Breinling voting against.

Adjournment

Motion by Councilmember Breuker, seconded by Councilmember Conley to adjourn the meeting at 10:05 PM; motion approved.

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                                                                                      James M. Rynberg, Mayor

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                                                                                      Todd M. Blake, Clerk/Finance Director