CITY OF FENTON COUNCIL PROCEEDINGS
Monday, October 24, 2011
City Hall Council Chambers
301 South Leroy Street
Mayor Sue Osborn called the meeting to order at 7:30 PM.
The invocation for the evening was the Lord’s Prayer and was followed by the Pledge of Allegiance.
Present:
Absent:
Others Present:
Faricy, Jacob, King, North, Osborn, Rauch, Smith.
None.
Stephen Schultz, Legal Counsel; Lynn Markland, City Manager; Michael Burns,
Assistant City Manager; Brad Hissong, Zoning Administrator; Tonya Molloseau, City
Assessor.
CITY MANAGER’S REPORT
Markland was joined by the Council in welcoming back Councilman Rauch after his absence. Markland
reported that the Clerk’s office has been dealing with several issues regarding the Recall question for
Representative Scott on the ballot for the upcoming election. Markland further updated the Council about a
dispute that is occurring between Blue care Network and Beaumont Hospital which could affect the City
employees that are still insured with them. Markland was happy to report that the Police Unions have agreed to
switch to the new health insurance program and the enrollments are already taking place. Markland further
reported that the Treasurer’s Department has been working diligently and on-line payments are now available
for the public to use for the City. Lastly, Markland reported that OHM has been working with the
administration on the design concept for the North LeRoy Street project and have run into some challenges with
the section of roadway in front of VG’s, however, they are working hard to develop the best solution to the
issue.
COUNCIL MEMBER COMMENTS
Rauch expressed his thanks to everyone for their support while he has been absent due to illness. Smith
stated that a Community Garden meeting was held on Saturday and the group is looking forward to another
successful season next year. Smith added that the garden produced 5800 pounds of produce that was distributed
to needy families in the City. Smith also commented on the Haunting Event that was organized by John Strayer
at the Fenton Community Center stating that it was a great event with over 200 people in attendance.
King apologized for having to miss the Meet the Candidates event sponsored by the Chamber of
Commerce but added that she had provided her responses to the questions to the media for publication. King
also reported that the Loose Center will be having a meeting on October 25, 2011 to develop a plan for funding
a new building. They are making progress and trying to move forward. King stated that activities are still
happening for the Center and thanked the Lasco family for their donations to help. King further stated that Carl
Gabrielson is acting as the Executive Director for the time being until the position can be filled.
LEGAL COUNSEL COMMENTS
Schultz stated that he had been working on a number of resolutions for the City. Schultz provided an
update on labor negotiations and stated that Fact-Finding with the Teamsters has been adjourned as they have
reached a tentative agreement and he hopes to have the contract settled. Schultz further stated that final offers
for 312 Arbitration with the Police Department are due next week.
MAYOR’S COMMENTS
Osborn thanked John Strayer for organizing the event at the Fenton Community Center and added that it
was an excellent event and very good for the City. Osborn also thanked the Lasco family for their generosity
towards the Loose Center and reminded everyone that Trick-or-Treating hours in the City would be from 6:00
PM to 8:00 PM.
CITIZENS COMMENTS – None.
CONSENT AGENDA
Osborn reviewed all items that were on the Consent Agenda. King stated her objection to street
soliciting in reference to the Old Newsboys request because of the danger of it. A motion was made by Rauch
and seconded by Smith to approve the consent agenda containing the following items:
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YEAS:
NAYS:
ABSENT:
Approve the minutes from the August 8, 2011 regular Council meeting.
Council authorize payment of invoices in the amount of $157,016.30.
Approve and place on file the minutes of the September 29, 2011 IFTE Committee meeting and
a public hearing notice for the electric customers of Consumers Energy for October 28, 2011.
Approve the request of the “Old Newsboys” to conduct their annual paper sale in the City of
Fenton on December 9, 2011 from 6:00 AM to 5:00 PM.
Appoint Melissa Bossardet to a first term on the Beautification Commission to expire on
September 1, 2014.
Faricy, Jacob, North, Osborn, Rauch, Smith.
King.
None. Motion carried by roll call vote.
PUBLIC HEARING FOR THE LDFA REVENUE SHARING AGREEMENT
Burns reviewed the tenants of the Revenue Sharing Agreement with the Local development Finance
Authority for fiscal year 2012.
Osborn opened the public hearing at 7:53 PM.
Osborn closed the public hearing at 7:54 PM due to lack of comment.
RESOLUTION NO. 11-22
A motion was made by King and seconded by Jacob to approve Resolution No. 11-22, which approves
the agreement for revenue sharing between the City of Fenton and the Local Development Finance Authority
for fiscal year 2012 in the amount of $200,000.
YEAS:
NAYS:
ABSENT:
Jacob, King, North, Osborn, Rauch, Smith, Faricy.
None.
None. RESOLUTION DECLARED ADOPTED.
PUBLIC HEARING FOR THE REZONING OF THE LASCO PROPERTY
Mr. Lasco, owner of Lasco Ford located at 2525 Owen Road was present to address the Council
concerning their request to rezone a parcel of property that they own that is adjacent to the existing business in
order to utilize the property as part of the business. The parcel in question is currently zoned Low Density
residential and they would like it to be zoned for General Business District. Carmine Avantini, of LSL Planning
and Zoning Administrator Hissong were available for comment.
Osborn opened the public hearing at 7:55 PM.
Steven Smeltzer, of 829 South Adelaide Street, confirmed that the business located here would have an
advantageous result if the property was rezoned and stated that he thought this change would be a good
opportunity.
Osborn closed the public hearing at 7:57 PM.
Faricy questioned if the old Truck Road parcel would be combined with this parcel and Avantini stated
that the road parcel is a part of the rezoning request. Hissong stated that the consolidation of the parcels is the
next step in this process and will have to be reviewed by the Planning Commission. Avantini explained that the
Truck Road parcel only has potential to be an emergency vehicle access drive and that any other uses would not
meet the setback requirements. Faricy stated that residents have expressed some concern about this parcel
generating traffic. Hissong explained that the Planning Commission placed a condition upon the Special Land
Use that this parcel was not to be used for any other purpose besides emergency vehicle access. Osborn stated
that the Lasco family has always been very good about keeping compliant and any future owner would have to
get a Special Land Use approved of their own. Jay Lasco stated that their purpose was to block off the drive for
security purposes. North added that the property is land locked and has no access to it. Jay Lasco stated that he
had spoken to the surrounding neighbors about what their intentions are and informed the Council that they
have disabled the speaker system outside the building to alleviate the noise. King questioned the lighting of the
establishment in this area and how it would affect the residents. Avantini explained that many of the residents’
concerns have been addressed and what has not been taken care of can be addressed through the site plan
review process. Hissong added that more landscaping enhancements could be added as well.
A motion was made by North and seconded by Jacob to approve the rezoning of property located at
2525 Owen Road from Low Density Residential to General Business District. Motion carried by voice vote.
PUBLIC HEARING FOR ACUMENT GLOBAL TECHNOLOGIES INDUSTRIAL FACILITIES TAX
EXEMPTION
Burns reviewed the request from Acument Global Technologies for tax relief and cited their eligibility
under Public Act 198. Burns stated that the IFTE Committee was recommending approval of this request.
Osborn opened the public hearing at 8:12 PM.
Osborn closed the public hearing at 8:13 PM due to lack of comment.
RESOLUTION NO. 11-23
A motion was made by North and seconded by Rauch to approve Resolution No. 11-23, which approves
an Industrial Facilities Tax Exemption for a period of five (5) years for Acument Global Technologies.
YEAS:
NAYS:
ABSENT:
King, North, Osborn, Rauch, Smith, Faricy, Jacob.
None.
None. RESOLUTION DECLARED ADOPTED.
PUBLIC HEARING FOR CREATIVE FOAM INDUSTRIAL FACILITIES TAX EXEMPTION
EXTENSION
Burns reviewed the request of the extension of tax relief for Creative Foam and cited their eligibility
under Public Act 198. Burns added that under their MEGA tax exemption it is required for the local jurisdiction
to approve the exemption.
Osborn opened the public hearing at 8:17 PM.
Osborn closed the public hearing at 8:18 PM due to lack of comment.
RESOLUTION NO. 11-24
A motion was made by Smith and seconded by North to approve Resolution No. 11-24, which approves
the extension of an Industrial Facilities Tax Exemption for Creative Foam for a period of five (5) years.
YEAS:
NAYS:
ABSENT:
North, Osborn, Rauch, Smith, Faricy, Jacob, King.
None.
None. RESOLUTION DECLARED ADOPTED.
NSP SUBRECIPIENT AGREEMENT
Markland reviewed that the subrecipient agreement at hand was the next step in order for the City to
continue to participate in the Neighborhood Stabilization Program.
A motion was made by Rauch and seconded by Jacob to approve the Neighborhood Stabilization
Program Subrecipient Agreement to continue with the Neighborhood Stabilization Program. Motion carried by
voice vote.
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) ASSISTANCE WITH THE TAX TRIBUNAL
PROCESS
Burns reviewed the need for the financial assistance from the DDA to help with the appeals to the Tax
Tribunal of property owners in the DDA District. City Assessor Molloseau stated that the number of appeals
that are getting filed are going up every year and appraisals are needed in order to defend the City’s position.
Molloseau stated that the City could stand to lose nearly $330,000 in revenue if the appeals are lost at the
Tribunal level. Molloseau stated that generally they do not bid out this service because the bid process could
delay the appeal process. Molloseau further stated that an appraisal may not need to be conducted for every
appeal because the owners may seek an appraisal of their own and submit it to the City. Osborn stated that the
City should consider a local appraiser when deciding who they will contract with.
A motion was made by Faricy and seconded by Rauch to allow for the Downtown Development
Authority to allocate $40,000 to assist in defending tax appeals for properties located within the DDA district.
Motion carried by voice vote.
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BUDGET AMENDMENTS
Burns reviewed that the DDA has been obliged to reprioritize some of its endeavors in accordance with
recent developments such as the Cornerstone Project, assistance with Tax Tribunal Appeals, and revisions to the
DDA Marketing Plan. Because of these facts, Burns stated that the DDA is requesting budget amendments in
the following areas:
 Removing $535,000 from the Silver Parkway Lighting project line item.
 Adding $500,000 to the Master Plan Implementation line item to be utilized ideally for potential
property acquisitions and the Cornerstone Development.
 Removing $80,000 from the Gazebo Improvements line item.
 Adding $40,000 for appraisals to the appraisals line item.
 Adding $47,000 for Bond Fees due to the refinancing of DDA bonds.
 Reducing $1,000 in the Conference and Dues line item.
 Adding $64,000 to the Walnut Street Project as this project carried over from fiscal year 2011
and was the amount of unencumbered expenses for that project during the last fiscal year.
 Adding $30,000 to the Wayfinding budget as this project carried over from the fiscal year 2011
budget and was the amount of unencumbered expenses for that project during the last fiscal year.
 Transferring $6,600 from the DDA Event Marketing line item to the DDA Marketing line item.
Smith questioned if the Silver Parkway Lighting Project was still going to be completed because a lot of
money has been spent on this project for engineering and design. Burns stated that the DDA would still like to
complete this project and they have the proper tools in place to complete it when the time is right. Faricy
questioned if the Council would be receiving more information on how these funds are being spent. Burns
stated that the Council still has final approval of the accounts payable and added that more information about all
of the DDA’s projects would be forthcoming.
A motion was made by North and seconded by Jacob to authorize the request of the Downtown
Development Authority to make the requested amendments to their budget, as provided, resulting in an increase
in expenditures of $65,000 for fiscal year 2012. Motion carried by voice vote.
LOCAL DEVELOPMENT FINANCE AUTHORITY (LDFA) MARKETING AND REUSE STUDY
Burns reviewed that the Local Development Finance Authority believes that a marketing and reuse study
conducted for the Industrial Park would be a tremendous asset to help the LDFA know what direction they
should pursue when soliciting further development in the Park. Burns contacted the University of Michigan to
gain a proposal for services to produce the study. Larry Molnar, of the University of Michigan was on hand to
answer any questions. Molnar reviewed his credentials and stated that the purpose of the study would be to get
a picture of the potential of the Industrial Park as well as research grant funding. Osborn stated that a study of
this nature is very necessary for development. Faricy confirmed that there are no other existing studies of this
nature. Molnar explained that the study will be quite extensive. Smith questioned if the University would
pursue the grant funding or would the City administration. Molnar stated that the University would guide and
facilitate grant funding but would not actively seek grants on the City’s behalf.
A motion was made by North and seconded by King to approve for the Local Development Finance
Authority to begin the Economic Development Marketing and Redevelopment study for the Industrial Park at a
cost not to exceed $20,000. Motion carried by voice vote.
CALL TO THE AUDIENCE
Theresa Doan, of 901 Worchester Drive, addressed the Council and thanked them for their service to the
City. She wished Rauch the best of luck in retirement and praised the performance of Osborn, Faricy, and King
and wished them luck in the upcoming election.
Stephen Smeltzer addressed the Council again to advocate for the support of the Bossardet family’s
request to keep chickens in the City. Smeltzer stated that he and his wife are neighbors of the family and are
not bothered by noise or odor because of the animals.
Doug Tebo, of 409 Bent Oak, stated his agreement that the City should allow for keeping chickens.
CLOSED SESSION
A motion was made by Osborn and seconded by Faricy to enter into Closed Session to discuss the
purchase of property.
YEAS:
NAYS:
ABSENT:
Osborn, Rauch, Smith, Faricy, Jacob, King, North.
None.
None. Council recessed to Closed Session at 9:10 PM.
Council reconvened to Open Session at 9:42 PM.
Meeting adjourned at 9:43 PM.
_____________________________
Mayor Sue Osborn
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City Clerk, Jennifer Naismith