REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, DECEMBER 3, 2001

Mayor Todd Thompson called the meeting to order at 7:00 p.m.

Present: Mayor Todd Thompson, Council Members Gregory Clark, William Ehinger, Kim Ervans, Paul Frechette, Russell Jackson, Chad Lucas

Absent: None

Other officers present: City Manager Patrick McGinnis, Clerk/Treasurer Jane Tennant, Police Chief Rodger Williams, County Commissioner Clarice Sperry, Attorney Edward Crawford

All stood for the Pledge of Allegiance.

MOTION BY CLARK, SECOND BY LUCAS, TO APPROVE THE MINUTES AND SUMMARY OF THE REGULAR MEETING HELD NOVEMBER 19, 2001.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY JACKSON, SECOND BY FRECHETTE, TO RECEIVE AND FILE THE MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 9, 2001 AND THE AIRPORT BOARD MEETING HELD OCTOBER 17, 2001.

Yes – Clark, Ehinger, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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Council reviewed the financial request from Stephanie Ehinger to help her participate in the Miss Junior America pageant. Mayor Thompson stated that the Council cannot authorize tax dollars to fund this type of program. He asked that Manager McGinnis send a letter stating this to Ms. Ehinger.

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MOTION BY THOMPSON, SECOND BY LUCAS, TO APPOINT JEFFREY SCHUBERT TO THE ZONING BOARD OF APPEALS, TERM TO EXPIRE AUGUST 15, 2002.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY JACKSON, TO APPOINT KIM ERVANS TO THE AIRPORT BOARD, TERM TO EXPIRE DECEMBER 31, 2004.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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Mayor Thompson stated that the Council asked for the people’s opinion on the street name signs and now the Council needs to decide what to do. Manager McGinnis noted that the DDA is working on a design for the Victorian signs in the DDA district. Manager McGinnis stated that with Council approval he will start ordering the Smiley street name signs.

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County Commissioner Sperry reported on the County’s workers comp renewal, the budget, and HB 5216 –uniform voting bill, and HB 4156 – collection of administrative fee on IFTs.

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MOTION BY LUCAS, SECOND BY THOMPSON, TO APPROVE THE BILLS IN THE AMOUNT OF $76,116.38 - $738.23 FOR THE DEAN ARBOUR FORD BILL FOR A TOTAL OF $75,378.15.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

Council Member Lucas stated he had some questions on the Dean Arbour Ford bill and that is why he pulled it.

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Council revisited the request from the owner of 180 N. Second St. for a reduction in their water/sewer bill. Council Member Clark stated he talked to the owners and they do not know what caused this increase in their usage for the third quarter. Mayor Thompson stated he is concerned about forgiving this bill with no cause and what effect this could have on other requests.

MOTION BY LUCAS, SECOND BY ERVANS, TO REDUCE THE WATER/SEWER BILL AT 180 N. SECOND ST. TO REFLECT A 20,000 GALLON USAGE ON THE THIRD QUARTER OF 2001.

Yes – Lucas, Ervans

No – Clark, Ehinger, Frechette, Jackson, Thompson

Motion failed

MOTION BY THOMPSON, SECOND BY JACKSON, TO DENY THE REQUEST FOR A WATER/SEWER REDUCTION AT 180 N. SECOND ST.

Yes – Clark, Ehinger, Frechette, Jackson, Thompson

No – Lucas, Ervans

Motion carried

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Tom Thorson was present concerning the lien placed on the Town and Country Condominium Unit 1 for water and sewer tap fees for the project. Attorney Crawford stated that he hoped to get both parties (Thorson and Bubnis) to agree on a solution to this problem, but this has not happened.

Mr. Crawford stated that Mr. Thorson has now come with an agreement that basically says the City would attempt to collect from George Bubnis. Mr. Crawford advised Council that the collection from Mr. Bubnis is not our business. Mr. Thorson stated he has the amount for the six units already built and he would pay this if the Council removed the other water and sewer tap charges from unit one and spread them equally over the undeveloped property descriptions. Council Member Lucas asked what would happen if the Council accepted the money for the 6 tap fees and did not hook up any more units until the water and sewer taps were paid. Attorney Crawford stated that the worst-case scenario would be that the City would not get paid for those taps and that is how we must look at it. Mr. Thorson questioned the Councils request for payment on 8 meters that are still in the warehouse and the building units have not even been built. Manager McGinnis noted that normally water and sewer tap charges are collected in full at the time the application is made (Mr. Thorson applied for a total of 16 units). He further noted that Mr. Thorson asked for consideration to help spread out this cost and the Council granted the request stating that the fees could be paid when the units were sold.

Mr. Thorson noted that George Bubnis knew about the water and sewer taps at the time of closing on these properties. Manager McGinnis asked Mr. Thorson if he told Mr. Bubnis that tap fees were owed. Mr. Thorson stated he told him there was $715 owed on each one of those units.

MOTION BY FRECHETTE, SECOND BY THOMPSON, TO LEAVE THE LIEN ON UNIT 1 AS IS AND AUTHORIZING ATTORNEY CRAWFORD TO CONTINUE TO WORK ON AN AGREEMENT THAT CAN BE ACCEPTED BY ALL PARTIES.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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Council Member Ehinger asked if the street name signs had to be put out for bid. Manager McGinnis stated that sealed bids are not required but competitive quotes are required.

MOTION BY EHINGER, SECOND BY LUCAS, TO PUT THE SMILEY STREET SIGNS OUT FOR BID.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas

No – Thompson

Motion carried

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Council Member Frechette asked for clarification on why the Dean Arbour bill was pulled. Council Member Lucas stated he had requested clarification and he is still waiting for a response.

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Jim Howard reported that MichCon is now owned by Detroit Edison and based on his experience he is concerned about quick service to this area.

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Manager McGinnis reported that he has a meeting with Habitat for Humanity for the Workgroup Program.

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MOTION BY THOMPSON, SECOND BY FRECHETTE, TO ADJOURN AT 8:07 P.M.