499

JANUARY 11, 2011 REGULAR MEETING CALL TO ORDER

Remove Items from Consent Agenda

CONSENT AGENDA MOTION

RECORD OF THE PROCEEDINGS OF THE REGULAR BOYNE CITY COMMISSION MEETING DULY CALLED AND HELD AT BOYNE CITY HALL, 319 NORTH LAKE STREET, ON TUESDAY JANUARY 11, 2011

Mayor Chuck Vondra called the meeting to order at noon followed by the Pledge of Allegiance.

Present: Mayor Chuck Vondra, Mayor Pro-Tem Dan Adkison, Commissioners Ron Grunch, Mike Cummings and Laura Sansom Staff: Michael Cain, Dan Meads, Barb Brooks, Andy Kovolski, Scott McPherson, Hugh Conklin, John LaMont, Randy Howard and Cindy Grice Others: There were six citizens in attendance, including a representative from the Boyne Gazette.

2011-01-001 Moved by Grunch Second by Cummings To remove items G & H from the Consent agenda and add to New Business Ayes: 5 Nays: 0 Absent: 0 Motion carried

2011-01-002 Moved by Grunch Second by Adkison 2011-01-002A Approved the December 14, 2010 regular City Commission meeting minutes as presented 2011-01-002B Approved request from Boyne City Public Schools to collect Summer Taxes for 2011 2011-01-002C Approved resolution approving transfer of ownership of an escrowed 2010 Resort Class C Licensed Business Issued under MCL 436.1531(3), located at 5 W. Main, Boyne City, Michigan, Charlevoix County from Rennie’s Restaurant, Inc. to Sammich N Sudz Corp 2011-01-002D Approved to appoint Robin Berry Williams to the Main Street Board for a four year term expiring January 18, 2015 2011-01-002E Approved to appoint Pat O’Brien to the Main Street Board for a four year term expiring January 18, 2015 2011-01-002F Approved to authorize that a letter of appreciation be sent to Ray Guzniczak commending him on his years of service and commitment to the board and our community. 2011-01-002G Approved to appoint John Talboys to the Board of Review for a three year term expiring January 31, 2014

500

Ayes: 5 Nays: 0 Absent: 0 Motion carried

None

The tentative 2011/2012 budget schedule was presented. Correspondence from the Northwest Michigan Council of Governments informed the City that we did not receive the Energy Efficiency at Public Buildings in Northwest Michigan grant recently applied for. Correspondence from the MEDC inviting the City to submit a full application for the Downtown Façade Program grant application was received and filed. Thank you notes from Carolyn McCleary and Ken Schrader were received regarding the recent stipend checks received.

City Manager Cain reported: • Work is continuing on the Waterworks building project. • The joint government meeting will be held on Monday, January 31

at 6:30 at the Boyne Senior Center. The meeting title is Charlevoix County Elected Leadership Summit.

Mayor Vondra discussed the minutes of the Historical Commission meeting stating it is a bit confusing regarding the board appointments. City Manager Cain stated the exact legal status and archives have been researched regarding the intent, along with the 1986 ordinance that created the Historical Commission. We have evidence stating it is a City museum, but we are continuing the research and getting guidance. Mayor Vondra said he understands the intent, but thinks the law would supercede.

Draft Minutes of the December 2, 2010 Main Street Board Meeting; Draft Minutes of the December 7, 2010 Zoning Board of Appeals Meeting; Draft Minutes of the December 20, 2010 Planning Commission Meeting; Draft Minutes of the December 20, 2010 Historical District Commission Meeting: and the November, 2010 Financial Statement were received and filed.

City Manager Cain discussed the language in Section 5.9 of the City Charter dealing with the Acting City Manager. It appears this section has only been used when there has actually been a vacancy in the City Manager’s position. The last time was when the City Commission appointed Richard Huebler as the acting City Manager in 2002. When the City Manager is away from town or on vacation for an extended period of time, he generally designates a Department Head to be in charge so there is a chain of command and a person to go to if something unusual arises or needs coordination. This process has and continues to serve the City well with no significant problems. This is different than the City Commission designating an Acting City Manager. The City Manager is a critical component in the form of government adopted by its citizens. As a key decision maker working to implement the direction of the Community, it is not a person that should change in and out on a regular basis. Aside from one request to be placed on the agenda in 2009 not being granted in the City Manager’s absence, he is unaware of any other time where the Commission has any question during my tenure on either of these

CITIZENS COMMENTS CORRESPONDENCE CITY MANAGERS REPORT REPORTS OF OFFICERS, BOARDS, AND STANDING COMMITTEES Agenda Items/Absence from City

501

MOTION

First Reading for Conditional Rezoning Request

matters. The system works and business gets done in an informed and orderly manner which respects the role of the public, the Commission, the City Manager and the rest of the organization. Citizens Comments: Chris Faulkner said he holds Boyne City as the best in open government. We keep it pretty open and he hopes citizens of Boyne City feel the same way. Board Deliberation: Commissioner Cummings said the two groups; the 1910 Building committee and the Veteran’s Memorial Committee wanted to move forward and were losing memberships because nothing was happening. The goal of the 1910 group was to get a sign in place. Everybody is now satisfied with the outcome. He was told the group felt insulted and the public said City Hall didn’t listen and give them enough help. Commissioner Cummings added that he still feels it was poorly handled. Commissioner Sansom said she feels the language is ambiguous and confusing. A vacancy in the office means the individual is not coming back. She thinks the charter language should be re-written and cleaned up. Mayor Pro-tem Adkison said in the past where it was urgent, City staff handled it appropriately. Getting information the Monday before a meeting doesn’t give enough time. He doesn’t see a problem with the City Manager appointing a Department Head. He added he thinks the City Manager has a good chain of command going. Commissioner Grunch agrees if it isn’t broke, don’t fix it. He added he doesn’t think we need to take this any further and has confidence in the City Manager. Mayor Vondra said he doesn’t think staff has authority to interpret the charter. City Manager Cain stated the absence section is confusing but provides options. With this language, we have a wide range of options. If directed, that policy can be clarified. 2011-01-003 Moved by Adkison Second by Grunch To refer back to the City Manager to clarify the agenda policy, also if the absence has to be reported. Ayes: 5 Nays: 0 Absent: 0 Motion carried

Consideration of first reading for a conditional rezoning request from The Brook for property located at 701 Vogel Street, a 10 acre part of parcel 15-051-026-005-00, and schedule a second reading for the proposed amendment for March 8, 2011 Planning Director Scott McPherson discussed the request for a conditional zoning received from DFC of Boyne City LLC. The property located at 701 Vogel Street is a 10 acre part of parcel # 051-026-005-00. The authority to approve a conditional zoning became effective 2004 and allows an owner of land to voluntarily offer a specific use and development of the land as a condition to a rezoning of the land. In this case, the developer is requesting to rezone the 10 acres from Rural

502

MOTION

Newspaper of Record

Estate District to Multi Family Residential District for the purpose of developing an independent/assisted living facility. Representatives from The Brook, the residential facility discussed the project. It would be the 7th facility in Northern Michigan. A Boyne City location was picked because of the progressive community. The facilities are extremely low impact, providing assisted living for seniors and independent living. Activities and transportation are provided. Buying and hiring are done locally with approximately 15 staff members, 20-25 when the facilities are full. Staff Comments: Hugh Conklin inquired about the relationship the Brook would have with Grandvue and was informed they would, along with a relationship with Home Health Care and Hospice. Scott McPherson stated he contacted other communities that have these facilities and received positive responses. Citizens Comments: Jim Baumann said this seems to fit many of our goals. Board Deliberation: Commissioner Grunch discussed that 11 years ago there was no transitional housing. This is a win-win situation. Seniors are excited about the possibility. It is a great location with quick emergency service access. Mayor Pro-Tem Adkison and Commissioner Cummings agree. Commissioner Sansom inquired if the green space would be maximized and was informed there will only be one entrance coming in and the property has a natural evergreen area and will try to retain everything they can. Scott McPherson added that there is space for future additional units. 2011-01-004 Moved by Adkison Second by Grunch To approve the first reading for a conditional rezoning request from The Brook for property located at 701 Vogel Street, a 10 acre part of parcel 15-051-026-005-00, and schedule a second reading for the proposed amendment for February 22, 2011 Ayes: 5 Nays: 0 Absent: 0 Motion carried

Consideration to approve the recommendation of the Boyne Gazette to be utilized as the Newspaper of Record however not exclusively due to issues which may arise that may require using other media outlets Clerk/Treasurer Grice discussed the proposals received for publishing fees for the City’s legal publishing requirements. Three bids were received. The Boyne Gazette was the lowest bidder at a cost of $3.00 per column inch and was recommended to be the newspaper of record, however non-exclusive. Staff Comments: None Citizens Comments: None

503

Board Deliberation: All in agreement with the recommendation. MOTION Boyne Theater Update Taylor Street Acceptance MOTION

2011-01-005 Moved by Adkison Second by Sansom To approve the recommendation of the Boyne Gazette to be utilized as the Newspaper of Record however not exclusively due to issues which may arise that may require using other media outlets Ayes: 5 Nays: 0 Absent: 0 Motion carried

Update regarding Patrick Schaller’s plans for restoration of the Boyne Theater Patrick Schaller discussed his plans for the restoration of the historic Boyne Theater and the formation of the Friends of the Boyne City Opera House to make the project possible. Project architect Sanjay Singhal and Mr. Schaller said there will be a $2,000,000 budget. They have met with the MEDC regarding façade grant funds. There will be internal fundraising working to get grants. Future uses of the theater will be vintage films, various performances, folk art, film festivals and small film type events. The goal is to restore the building. The stage, curtains and seats are intact. Hugh Conklin said the Façade Grant would have to go thru the City Commission. City Manager Cain inquired about the time frame and was informed the restaurant (formerly 220 Lake Street) will be hopefully opened by May. Citizens Comments: John McCahan said it is a real plus for the town. His concern is the noise issues with the 220 Lake Street property and he asked the owner to look into possible noise attenuation for this facility. Board Deliberation: All are looking forward to the project and appreciate the update.

Consideration to accept the south 200 feet of Taylor Street north of State Street as an open public street, authorize appropriate City maintenance for it and authorize staff to take the steps necessary to have it added to the City’s list of Act 51 streets with the State for funding City Manager Cain discussed the acceptance request. Staff Comments: None Citizens Comments: None Board Deliberation: All are in agreement 2011-01-006 Moved by Sansom

504

Second by Adkison One Water Street Marina Proposal for 2011 MOTION 2011 Marina Seasonal Rates and 2011 Marina Transient Rates

To accept the south 200 feet of Taylor Street north of State Street as an open public street, authorize appropriate City maintenance for it and authorize staff to take the steps necessary to have it added to the City’s list of Act 51 streets with the State for funding Ayes: 5 Nays: 0 Absent: 0 Motion carried

Consideration to have staff review and work out the details of the operating agreement for the One Water Marina for the 2011 boating season, and authorize the City Manager to sign the agreement on the City’s behalf Harbormaster Barb Brooks discussed the proposal. The first season was successful and after review of the final budget numbers, the partnership was successful in several ways. Staff Comments: Hugh Conklin said there were several positive comments in the business survey. Citizens Comments: None Board Deliberation: All are in agreement 2011-01-007 Moved by Grunch Second by Adkison To have staff review and work out the details of the operating agreement for the One Water Marina for the 2011 boating season, and authorize the City Manager to sign the agreement on the City’s behalf Ayes: 5 Nays: 0 Absent: 0 Motion carried

Consideration to adopt the proposed RATE 2 of the seasonal rate schedule as set forth by the Michigan Waterways Commission, reflecting no increase for the 2011 boating season as part of our fee schedule for the upcoming 2011-2012 FY and consideration to adopt the proposed section 2 transient rates as set forth by the Michigan Waterways Commission, reflecting no increase for the 2011 boating season as part of our fee schedule for the upcoming 2011-2012 FY Harbormaster Barb Brooks discussed the proposals. These rates were set forth by the Michigan Waterways Commission for all grant-in-aid marinas in Michigan. Citizens Comments: John McCahan said he looked at the income for the Water Street Marina and inquired if the seasonal fees were included and was informed yes.

505

Staff Comments: None Board deliberation: All are in agreement 2011-01-008 Moved by Grunch Second by Adkison To adopt the proposed RATE 2 of the seasonal rate schedule as set forth by the Michigan Waterways Commission, reflecting no increase for the 2011 boating season as part of our fee schedule for the upcoming 2011-2012 FY and to adopt the proposed section 2 transient rates as set forth by the Michigan Waterways Commission, reflecting no increase for the 2011 boating season as part of our fee schedule for the upcoming 2011-2012 FY Ayes: 5 Nays: 0 Absent: 0 Motion carried

Consideration that the City Commission joint sponsor with Main Street a volunteer appreciation dinner for all members of the City’s Boards, Commissions and Committees to be held on March 2, 2011 Main Street Program Manager Hugh Conklin discussed the proposed volunteer dinner for those who serve on the City’s board, commissions and committees. The success Boyne City enjoys is due in large part to the contribution of so many whose leadership, energy and commitment to our community keeps it moving forward in a positive direction. As a way to say thank you, we are proposing an appreciation dinner to be held at the Boyne City High School commons on March 2, 2011 with the meal being prepared and served by the Boyne City High School hospitality program. Also proposed is a possible music performance by the High School jazz band and a keynote speaker, Justin Rashid, owner of American Spoon, has been invited to speak. Citizens Comments: None Staff Comments: City Manager Cain stated that volunteers put in a lot of time and make a lot happen that we couldn’t do otherwise. Board Deliberation: All are in agreement 2011-01-009 Moved by Adkison Second by Sansom To approve that the City Commission joint sponsor with Main Street a volunteer appreciation dinner for all members of the City’s Boards, Commissions and Committees to be held on March 2, 2011 Ayes: 5 Nays: 0 Absent: 0 Motion carried

MOTION Volunteer Appreciation Dinner MOTION

506

2011-01-010 Moved by Adkison Second by Sansom To approve to appoint Michele Hewitt to the Boyne City Historical Commission for a three year term expiring November 30, 2013 and to appoint Nancy Fulkerson to the Boyne City Historical Commission for a three year term expiring November 30, 2013 Ayes: 5 Nays: 0 Absent: 0 Motion carried

Commissioner Sansom inquired about the study of boat moorings on road ends and City Manager Cain stated it would be done this winter.

Moved by Mayor Vondra, seconded by Commissioner Adkison to adjourn the regular City Commission meeting of Tuesday, January 11, 2010 at 2:12 p.m. _____________________ ________________________ Cindy Grice Chuck Vondra City Clerk/Treasurer Mayor

Historical Commission Board Appointments MOTION GOOD OF THE ORDER ADJOURNMENT