City of Fenton Council Proceedings

Council Proceedings February 8, 2010 Page 3

CITY OF FENTON COUNCIL PROCEEDINGS Monday, February 8, 2010 City Hall Council Chambers 301 South Leroy Street

Meeting was called to order by Mayor Osborn at 7:30 PM.

The Invocation was offered by Pastor James Mascow of Tyrone Covenant Presbyterian Church, followed by the Pledge of Allegiance.

Present: Faricy, Jacob, Osborn, Rauch, Smith. Absent: King, North (both excused). Others Present: Lynn Markland, City Manager; Stephen Schultz, Legal Counsel; Michael Burns, Assistant City Manager; Les Bland, DPW Director; Rick Aro, Police Chief

CITY MANAGER’S REPORT Markland reported he attended an MML meeting and most recently the MGLMA in Grand Rapids along with the Assistant City Manager and learned that there will be a Constitutional Convention (“Con-Con”) on the November ballot. A purchase agreement was signed on another property through the Neighborhood Stabilization Program last week and closing should take place in March. Also, closing is scheduled in February on the first property purchased through the program. Markland, Burns and Councilman Smith attended a “walkability” seminar in Linden earlier in the day and reported there may be one held in Fenton in March.

COUNCILMEMBER COMMENTS Upon inquiring, Rauch was informed that the beet juice system is currently in use for salting the city streets. Faricy reported he attended the Metropolitan Planning Commission TAC meeting and still finds himself in the learning curve. He has also been invited to be a member of the Land Bank Citizens Advisory Board for Genesee County. Osborn requested a full report on the benefits for Fenton through this program. Markland briefly explained the Land Bank’s role in the Neighborhood Stabilization Program.

LEGAL COUNSEL REPORT Schultz has been working on the proposed Sewer Use Ordinance scheduled for introduction and public comment this evening. He is also working on revisions to a proposed easement with Ellen Street and the Fenton Schools to improve the traffic access to the school and make sure the City’s interests are protected.

MAYOR’S COMMENTS Osborn thanked Pastor Mascow for his attendance and reminded City Council of the Small Cities meeting hosted by the City at the Fenton Hotel on Wednesday evening. Council Proceedings February 8, 2010 Page 3

CONSENT AGENDA Rauch questioned the eligibility requirements for appointment to the Building Board of Appeals. Moved by Osborn, seconded by Smith to remove the Building Board of Appeals appointments from the consent agenda until a clarification is provided. Motion carried by voice vote. Moved by Faricy, seconded by Rauch to approve the consent agenda as amended which contained the following:  Approved minutes of the January 25, 2010 regular meeting.  Authorized payment of invoices in the amount of $304,900.68.  Placed on file minutes of the September 1, 2009 Development Area Citizens Council meeting; minutes of the September 24, 2009 Planning Commission meeting; and a public hearing notice for customers of Consumers Energy.  Appointed Kurt Swartz to the Development Area Citizens Council to fill a vacant term expiring November 15, 2010.  Appointed Mike Farella and Justin Sprague to the Planning Commission to fill vacant terms expiring September 1, 2010.  Appointed Scott Lenhart to serve as the cross-member on the Zoning Board of Appeals until the expiration of his Planning Commission term on September 1, 2011.

Yeas: Jacob, Osborn, Rauch, Smith, Faricy. Nays: None. Absent: King, North. Motion carried.

SEWER USE ORDINANCE NO. 650 Bland explained that this ordinance will place the City of Fenton in compliance with a Genesee County ordinance which they are mandated to have through the State of Michigan Clean Water Act. It places all district units under the umbrella of one agency and assures our compliance with the act. He also went on to say that the revisions made to the sample ordinance protects the City from relinquishing any authority over its own system. Schultz offered that the last time this ordinance was reviewed was 1996 and there have been many changes since then in the clean water process. At this time, Osborn opened the public hearing. Dawn Overmyer, 826 Southwood, asked what recourse the City would have if Genesee County did not approve of the changes made. It was explained that the ordinance provided was a working draft copy and any changes made by the City would not affect Fenton’s or Genesee County’s compliance with state requirements. Seeing nothing further from the audience, Osborn closed the public hearing and returned to the Council for a motion for introduction of the ordinance. This ordinance will be placed on the next agenda for adoption. Moved by Jacob and seconded by Osborn to introduce Sewer Use Ordinance No. 650. Motion carried by voice vote.

LIQUOR LICENSE TRANSFER Aro presented the request of Kirk Laue and Thomas Beaubien, owners, for transfer of ownership of the escrowed 2009 Class C and DSM licensed business with dance, entertainment and extended hours, food permit located at 1243 N. Leroy, Fenton, Michigan. This license was Council Proceedings February 8, 2010 Page 3 held previously by Bubba O’Malley’s. The transfer would take place from The State Bank to Beau La, Inc. The owners are also requesting a new official permit (entertainment) with hours of 7:00AM to 12:00 Noon on Sundays. Aro explained that after meeting with Mr. Laue and Mr. Beaubien, he is comfortable recommending this license for approval. Moved by Rauch, seconded by Smith to adopt Resolution No.10-06 transferring ownership of an escrowed 2009 Class C licensed business located at 1243 N. Leroy Street from the State Bank to Beau La, Inc. and approve a new official entertainment permit with hours of 7:00 AM to 12:00 noon Sundays.

Yeas: Osborn, Rauch, Smith, Faricy, Jacob. Nays: None. Absent: King, North. Resolution declared adopted.

211 MEMORANDUM OF UNDERSTANDING Aro reported that Central Michigan 211 has requested a Memorandum of Understanding with the City in which community resource information would be provided through referrals by the Fenton 911 Dispatch Center. Lindsay Younger, 1960 Miller Road, explained that Central Michigan 211 is a resource agency which is available 24 hours a day, 7 days per week to receive information and provide human services when needed. With a signed MOU, Fenton dispatchers can transfer emergency calls directly to the agency, providing faster assistance. Moved by Faricy, seconded by Smith to approve the Memorandum of Understanding between the City of Fenton and Central Michigan 211. Motion amended to include authorization for Chief Aro to sign any necessary documents. Motion carried by voice vote.

CALL TO AUDIENCE – None.

Meeting was adjourned at 8:16 PM.

______Sue Osborn, Mayor Melinda Carrier, City Clerk