City Commission Regular Meeting

GLADSTONE CITY COMMISSION REGULAR MEETING City Hall Chambers – 1100 Delta Avenue July 10, 2023 6:00 PM MINUTES Mayor Thompson called the meeting to order, gave the Invocation followed by the Pledge of Allegiance and Clerk Berry called the roll. PRESENT: Mayor Joe Thompson; Commissioners Brad Mantela, Rob Pontius, and Greg Styczynski ABSENT: Commissioner Judy Akkala – Excused Mayor Thompson opened the public hearing on Special Assessment District (SAD) South West Gladstone Paving Project at 6:03 PM with the following individuals speaking: Heidi Wilber, 1724 Montana Avenue spoke and submitted the following in writing: There being no further public input Mayor Thompson closed the public hearing at 6:11PM. 2023-323 SPECIAL ASSESSMENT (2023 South West Gladstone Paving Project) RESOLUTION NO. 2023-10-SAD-02 City of Gladstone County of Delta, State of Michigan The following preamble and resolution were offered by Commissioner Mantela and supported by Commissioner Pontius: WHEREAS, the City of Gladstone, County of Delta, State of Michigan (the “City”), through its City Clerk, pursuant to Chapter XI of the City Charter, did cause legal and due notice of a public hearing to be mailed to property owners and published in a newspaper of general circulation in the City; and WHEREAS, the City Commission met and conducted said public hearing on July 10, 2023, at 6:00 p.m., Eastern Daylight Time as provided in the notice; and WHEREAS, the City Commission desires to proceed with the proposed public improvements described in Exhibit A hereto; and  WHEREAS, the City Commission is prepared to approve the special assessment district described in Exhibit B hereto as amended with corrections presented at the July 10, 2023 public hearing. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission hereby determines that the public improvements described in Exhibit A attached hereto and made a part hereof are necessary for the health, safety, and welfare of the City and that said public improvements shall be made and completed. 2. The City Commission hereby approves the plans and estimate of cost for the public improvements in the total sum of $270,581 as prepared and presented by City of Gladstone Public Works Department. Of the total cost for the public improvements, $113,160 shall be spread against the hereinafter named special assessment district. 3. The City Commission finally determines that said special assessment district shall consist of all of the lots and parcels of land described in Exhibit B as corrected and attached hereto, that the district shall be designated as the “South West Gladstone Paving Project” Special Assessment District”, and that the existence of said special assessment district shall be maintained until all special assessments payable on the special assessment roll hereinafter described, and any bonds issued in anticipation of such special assessments, have been paid. The City Commission determines that the assessment shall be according to frontage, and that the assessor shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as to the length or front of such premises abutting upon the improvement bears to the whole frontage of all lots to be assessed, unless on account of the shape or size of any lot, an assessment for a different number of feet would be more equitable. 4. The City Commission determines that the number of installments in which the special assessments may be paid shall be eight (8), the first of which shall be due and payable on November 15, 2023, and subsequent installments to be due and payable on November 15 of each year thereafter. Said installments shall bear interest from and after November 15, 2023 at the rate of three percent (3.00%) per annum, said interest to be payable annually on each installment due date. Unpaid installments shall be subject to delinquent interest charges, penalties and collection costs as set forth in the City Charter and State law. 5. The City Assessor is directed to make a special assessment roll in which shall be described all the parcels of land to be assessed as set forth above, with the names of the owners thereof, if known, and the total amount to be assessed against each parcel of land, which amount shall be such relative portion of the whole sum to be levied against all parcels of land in the assessment district as the benefit to such parcel of land bears to the total benefit of all parcels of land in the special assessment district. 6. When the City Assessor shall have completed the special assessment roll, the City Assessor shall affix thereto a certificate stating that said roll was made pursuant to a resolution of the City Commission of the City adopted on the date of adoption of this resolution, and that in making the assessment roll the Assessor has, according to the Assessor’s best judgment, conformed in all respects to the directions contained in said resolution and the statutes of the State of Michigan, and the Assessor shall then report the special assessment roll, with the certificate attached thereto, to the City Commission. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded. AYES: Mayor Thompson, Commissioners Mantela, Pontius and Styczynski NAYS: None ABSENT: Commissioner Akkala - Excused RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Gladstone, County of Delta, Michigan, at a regular meeting held on July 10, 2023, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ______________________________ Kim Berry, City Clerk  EXHIBIT A Public Improvements The project will consist of street reconstruction including paving, repaving, curbing, reshaping, storm sewer, and all necessary appurtenances and attachments.  EXHIBIT B Special Assessment District The following spoke under public comment: Delta County Commissioner, Steve Viau, 817 Delta Avenue Motion by Commissioner Mantela; seconded by Commissioner Pontius to approve the consent agenda. MOTION CARRIED  2023-323 SPECIAL ASSESSMENT (2023 South West Gladstone Paving Project) RESOLUTION NO. 2023-11-SAD-03 City of Gladstone County of Delta, State of Michigan The following preamble and resolution were offered by Commissioner Mantela and supported by Commissioner Styczynski: WHEREAS, by resolution previously adopted, the City Commission determined to acquire and construct certain public improvements (the “Improvements”) more particularly described in Exhibit A attached hereto and made a part hereof, and assess a portion of the cost thereof to the properties benefitted by the Improvements in the special assessment district described in Exhibit B attached hereto and made a part hereof, all in accordance with Chapter XI of the Gladstone City Charter; and WHEREAS, by resolution previously adopted, the City Commission directed the Assessor to prepare a special assessment roll and file it with the City Clerk; and WHEREAS, the Assessor has prepared and has filed with the City Clerk a special assessment roll assessing part of the cost of the Improvements to the properties benefitted thereby; and WHEREAS, the City Commission desires to set the date for a public hearing to review the special assessment roll and hear objections thereto. NOW, THEREFORE BE IT RESOLVED THAT: 1. The special assessment roll presented by the Assessor shall be filed in the office of the City Clerk and shall be available for public inspection during regular working hours on regular working days.  2. The City Commission shall meet at 6:00 p.m., Eastern Daylight Time, on Monday, July 24, 2023 in the Commission Chambers to review the said special assessment roll and hear any objections thereto. 3. The City Clerk is hereby authorized to cause notice of such hearing to be published once prior to said hearing in the Daily Press, a newspaper of general circulation in the City, at least five (5) days before the time of hearing, and shall cause notice of such hearing to be mailed by first-class mail to all record owners of or persons in interest in property in the special assessment district as shown on the last general tax assessment roll of the City at least ten (10) days before the time of said hearing. 4. The notice of said hearing to be published and mailed shall be in substantially the following form:  NOTICE OF HEARING ON SPECIAL ASSESSMENT IMPROVEMENTS BY THE CITY COMMISSION OF THE CITY OF GLADSTONE TO ALL PROPERTY OWNERS OF THE FOLLOWING DESCRIBED LANDS: All parcels as shown on the following map as assessed parcels: PLEASE TAKE NOTICE that a special assessment roll has been prepared for the purpose of defraying part of the cost of the following described public improvements: The project will consist of street reconstruction including paving, repaving, curbing, reshaping, storm sewer, and all necessary appurtenances and attachments. The special assessment roll is on file for public examination with the City Clerk. PUBLIC NOTICE IS HEREBY GIVEN that the City Commission will meet on Monday, the 24th day of July 2023 at 6:00 p.m., Eastern Daylight Time, in the Commission Chambers, located at City Hall, 1100 Delta Avenue, Gladstone, Michigan, for the purpose of reviewing the special assessment roll and hearing any objections thereto. TAKE FURTHER NOTICE that appearance and protest at this hearing is required in order to appeal the amount of the special assessment to the State Tax Tribunal if an appeal should be desired. A property owner or party in interest, or his or her agent, may appear in person at the hearing to protest the special assessment or may file his or her appearance by letter delivered to the City Clerk at or prior to the meeting to be held on July 24, 2023, and his or her personal appearance shall not be required. The property owner or any person having an interest in the property subject to the proposed special assessments may file a written appeal of the special assessment with the State Tax Tribunal within thirty-five (35) days after confirmation of the special assessment roll if that special assessment was protested at this hearing. Kim Berry City Clerk City of Gladstone 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby rescinded. AYES: Mayor Thompson, Commissioners Mantela, Pontius and Styczynski NAYS: None ABSENT: Commissioner Akkala - Excused RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Gladstone, County of Delta, Michigan, at a regular meeting held on July 10, 2023, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act __________________________________Kim Berry, City Clerk  EXHIBIT A Public Improvements The project will consist of street reconstruction including paving, repaving, curbing, reshaping, storm sewer, and all necessary appurtenances and attachments. EXHIBIT B Special Assessment District All parcels as shown on the following map: Motion Mayor Thompson; seconded by Commissioner Mantela to approve the Snophylers Storage building and authorize Mayor Joe Thompson and City Clerk Kim Berry to sign lease agreement for land at 1005 29th Street as presented with the amendment to add to subsection 6 ALTERATIONS, CHANGES AND ADDITIONS: No structural change, alteration or addition shall be made by LESSEE to the demised property without the prior written consent of the LESSOR, and any such change, alteration, or addition to or on the premises made with the aforesaid written consent of the LESSOR shall be at the LESSEE’S expense and shall remain for the benefit of and become the property of the LESSOR, unless proved in the written consent. If LESSOR changes the contract during the initial twenty (20) year period or if the LESSOR chooses to not continue the lease for the additional twenty (20) year at the LESSEE request the LESSOR will pay the LESSEE fair market value of any real improvements to the property. If LESSEE fails to meet the terms of this contract, LESSEE forfeits rights to all improvements made to the property. MOTION CARRIED Motion by Mayor Thompson; seconded by Commissioner Styczynski to amend the Gladstone DDA By-Laws and Rules of Procedure as presented and recommended by the DDA Board. MOTION CARRIED Motion by Commissioner Mantela; seconded by Commissioner Styczynski to approve the Encroachment Agreement with 604 Loueda and authorize Mayor Joe Thompson and Clerk Kim Berry to sign. MOTION CARRIED Motion by Mayor Thompson; seconded by Commissioner Mantela to allow the summer tax due date to be extended to September 14, 2023. MOTION CARRIED Motion by Commissioner Styczynski; seconded by Commissioner Mantela to authorize the purchase of ten (10) AXON body-cams and software per the Quote, payment made in yearly installments for the next five (5) years and allow Director Ron Robinson to apply for the Michigan Municipal Risk Management Authority RAP grant. MOTION CARRIED Motion by Commissioner Mantela; seconded by Commissioner Styczynski to approve change order #5 as recommended by C2AE Engineering for a net decrease of the contract price $57,379.00. MOTION CARRIED Motion by Commissioner Mantela; seconded by Mayor Thompson to approve the request for disbursement of funds Draw #11 totaling $872,282.00 for the Wastewater Upgrades Project. MOTION CARRIED Motion by Commissioner Styczynski; seconded by Commissioner Pontius to approve the Fernwood Cemetery Rules and Regulations as presented and recommended by the City of Gladstone Fernwood Cemetery Committee. MOTION CARRIED Motion by Commissioner Mantela; seconded by Commissioner Styczynski to approve the Fernwood Cemetery Green Burial Section Rules as presented and recommended by the City of Gladstone Fernwood Cemetery Committee. MOTION CARRIED Motion by Commissioner Mantela; seconded by Mayor Thompson to direct the Locomotive Club to submit written plans to the City Manager to begin the required review process and submit required receipts to allow the City to transfer funding to the Locomotive Club’s Community Foundation account. MOTION CARRIED Manager Buckman reported on the following:  Attended the monthly DATA meeting  Held a Zoom meeting regarding North Shore, working on revised site plan and utility estimates  Attended the monthly DDA meeting  Attended the monthly Safety Committee meeting; participated in DPW safety inspection, the staff did a great job a substantial improvement to the facility  The clerk, DPW Superintendent, Assessor and I held an informational meeting regarding this year’s paving and special assessment. It was attend very well and good conversations and education of how special assessments, taxes and road funding work  Congratulations to Public Safety Officer Mike Willemsen on his pending retirement in August. He has 30+ years of service  Community Development Director and I met with 911, Gladstone Schools and Public Safety regarding adding an antenna to our monopole, we are checking with Tower Consultants  Met with the Ski Hill Subcommittee regarding future plans  The 4th of July went well, good attendance, no major injuries or accidents, a close call during parade involving a child running out to catch candy – there is no throwing candy from floats for this very reason. Thank you to Parks & Recreation Director Jason Davis, Parks Maintenance Robert Brown seasonal employee Krystin Madalinski, all the seasonal employees and volunteers There being no further business before the Commission, Mayor Thompson adjourned the meeting at 7:27 PM. ___________________________ Mayor Joe Thompson ___________________________ City Clerk Kimberly Berry