RC City Council Proceedings

MINUTES OF THE REGULAR MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL CHAMBERS ON JULY 24, 2018

Mayor McLennan presided and called the meeting to order at 7 p.m.

PRESENT – Adair, Bielas, Nowak, Peltz and McLennan.

APPROVAL OF AGENDA

Nowak/Bielas, to approve the agenda with the following added: Item J. contract with Gosling Czubak Engineering, Item K. nominating petition deadline and Item L. Allow City Mgr. to borrow funds from defined contribution account.  ROLL CALL: Ayes – All, the motion carried.

APPROVAL OF MINUTES

Bielas/Adair, that the minutes of the Regular Council Meeting of July 9, 2018 be approved as written.  ROLL CALL: Ayes – Adair, Bielas, Peltz and McLennan.

Nayes – Nowak, the motion carried.

CITY CLERK’S REPORT:

CHECK AND INVOICE APPROVAL:

Adair/Nowak, that the following total fund expenditures be recognized as payments made and payments to be made, in the amount of $229,904.90 and the Mayor is authorized to sign the check register. ROLL CALL: Ayes – All, the motion carried.

RESOLUTION NO. 2018-65

Nowak/Bielas, to re-appoint   Erik Nadolsky and Tom Gajewski to Downtown Development Authority with a term expiring June 2022, to appoint Valerie Meharg to the Parks and Recreation Commission with the term expiring September 2021, and to re-appoint Norma Flewelling, Jan Dullack and Erik Nadolsky to the Building Authority with the term expiring July, 2021.

ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS: 

DDA PLANS – PUBLIC HEARING

City Mgr. Hefele reviewed the reason for the update of the DDA Plan for the City of Rogers City.

Mayor McLennan opened the Public Hearing at 7:17 pm. City Mgr. Hefele stated that no written comments were received and Julie Brooks stated that DDA’s do good things for communities.  Mayor McLennan declared the public hearing closed at 7:23 p.m.

ORDINANCE 2018-15

FIRST READING

Adair/Peltz, for first reading 

AN ORDINANCE APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF ROGERS CITY DOWNTOWN DEVELOPMENT AUTHORITY DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN AND INCORPORATING, BY REFERENCE, THOSE AMENDED AND RESTATED PLANS IN THE CITY OF ROGERS CITY COMPREHENSIVE PLAN.

See complete ordinance language in other area.

ROLL CALL: Ayes – All, the motion carried.

BALLOT LANGUAGE – HEADLEE ROLLBACK

RESOLUTION NO. 2018-66

A RESOLUTION AUTHORIZING A HEADLEE OVERRIDE BALLOT PROPOSAL TO ROLLBACK PROVISIONS ESTABLISHED PURSUANT TO THE HEADLEE TAX LIMITATION AMENDMENT AND TO REINSTATE THE ORIGINAL AUTHORIZED CHARTER RATE.

WHEREAS, the City is prevented from levying its full authorized millage as set forth in the City Charter pursuant to the millage provisions of the Headlee Amendment to the Michigan Constitution; and

WHEREAS, the City Council has determined that it is in the best interests of the City if it seeks approval from the voters pursuant to MCL 211.34d to override the rollback of the City millage rate from the current maximum allowed millage of 16.7780 mills to 20 mills; and

WHEREAS, the City Council wishes to submit this proposal in question to the voters at the November 6, 2018 election.

NOW, THEREFORE, BE IT RESOLVED

1. The following proposition shall be submitted to the electors of the City at the November 6, 2018 election:

Headlee Override Ballot Proposal

Shall the authorized charter millage for the City of Rogers City, established at 20 mills ($20.00 per $1,000 of taxable value) and reduced to 16.7780 mills ($16.7780 per $1,000 of taxable value), by the required rollbacks, be increased in an amount not to exceed 3.2220 mills ($3.2220 per $1,000 of taxable value) to restore the full amount of the original authorized charter rate.

The estimated revenue the City would collect if the millage is authorized and levied by the City in 2019 is approximately $222,626, a portion of which (approximately $4,556) would be disbursed to the Rogers City Downtown Development Authority.

YES [      ]    NO [       ]

Adair/Bielas, to adopt the above resolution.  .

ROLL CALL: Ayes – Adair, Bielas, Peltz and McLennan.  

Nayes – Nowak, the motion carried.  The Mayor declared the resolution adopted

FIRST READING ORDINANCE 2018-16

Member Bielas/Adair, for first reading of 

AN ORDINANCE LIMITING THE PURPOSES FOR WHICH OPERATIONAL TAX REVENUE LEVIED BY THE CITY OF ROGERS CITY IN EXCESS OF 17 MILLS CAN BE SPENT.

See Complete Ordinance in other area.

ROLL CALL: Ayes – Adair, Bielas, Peltz and McLennan.

Nayes – Nowak, The Mayor declared the resolution adopted.

BALLOT LANGUAGE-WATER TOWER PROPERTY SALE

RESOLUTION NO. 2018-67

WHEREAS, the City of Rogers City is the owner of real property commonly known as the Old Water Tower (the “Property”) located at 198 Doris Lane, Rogers City, Michigan and legally described as: Block 2, Lots 12 and 13, Huron Heights Addition, according to the Plat thereof recorded at Liber 1 of Plats, Page 153, Presque Isle County Records.

WHEREAS, the Council has decided to present to the electors of the City of Rogers City whether to sell the Property.

WHEREAS, sale of the Property is in the best interest of the City because the City will no longer incur the expenses associated with maintaining the Property.

NOW THEREFORE BE IT RESOLVED that the proposal to sell the Property be submitted to the electors of the City of Rogers City for approval as required by Section 4.7(C) of the City Charter at the election to be held on November 6, 2018.

BE IT FURTHER RESOLVED that said proposal be submitted to the electors of the City in the manner and form substantially as follows:

CITY OF ROGERS CITY SALE OF OLD WATER TOWER PROPERTY

Shall the City of Rogers City be authorized to sell the Old Water Tower Property located at 198 Doris Lane, Rogers City, Michigan and legally described as Block 2, Lots 12 and 13, Huron Heights Addition, according to the Plat thereof recorded at Liber 1 of Plats, Page 153, Presque Isle County Records.

YES [     ] NO [      ]

BE IT FURTHER RESOLVED that the City Clerk is required to provide sufficient notice of the placement of this ballot proposal, in accordance with state election law, including to the County Clerk, and is hereby authorized to take appropriate steps for the placement on the November 6, 2018 ballot.

BE IT FINALLY RESOLVED that if the sale of the Property is approved by the voters of the City of Rogers City, and if the City Manager subsequently negotiates an agreement for that purpose, that such sale, and the appropriation of net proceeds, shall be return to the Rogers City Council for final approval.

Adair/Peltz to adopt the above resolution.

ROLL CALL:  Ayes: Adair, Bielas, Peltz and McLennan.

Nays: Nowak.  The Mayor declared the resolution adopted.

SEWER TELEVISING – CHANGE ORDER NO. 1  

RESOLUTION NO. 2018-68

Bielas/Nowak, to approve Change Order No. 1 dated June 27, 2018 from C2AE in regard to the SAW grant.    ROLL CALL: Ayes – All, the motion carried.

SALE OF CITY EQUIPMENT

RESOLUTION NO. 2018-69

Bielas/Nowak, to authorize the sale of used City equipment to the highest bidder as advertised.

ROLL CALL: Ayes – All, the motion carried.

FIRST RIGHT OF REFUSAL

RESOLUTION NO. 2018-70

Nowak/Adair, at a regular, scheduled meeting of the Rogers City Council conducted July 24, 2018 at 7 p.m. at Rogers City Hall:

WHEREAS, the City of Rogers City received a list of tax-foreclosed properties within the Rogers City limits from the Presque Isle County Treasurer on July 6, 2018, and;

WHEREAS, pursuant to PA 123 of 1999 and MCL 211.78m of the General Property Tax Act, the State, cities, and townships have the right of first refusal on all properties foreclosed by the county treasurer as of April 1, and;

WHEREAS, the Rogers City Council, in reviewing the list of tax-foreclosed properties provided it by the Presque Isle County Treasurer at a regular, scheduled meeting conducted July 24, 2018 determined that it is not interested in any of the properties included on the list;

THEREFORE BE IT RESOLVED, that the Rogers City Council elects to waive its first right of refusal on all tax-foreclosed parcels acquired by the county treasurer in accordance with its legal ability to do so.

The resolution was adopted by roll call vote, with Council Members Adair, Bielas, Nowak, Peltz and Mayor McLennan voting yes, no Council Members voting no and no Council Members were absent.

MUSEUM REQUEST

RESOLUTION NO. 2018-71

Bielas/Nowak, to approve the request from the Presque Isle County Historical Museum to waive the slip rental cost for boat tours during the Nautical City Festival.

ROLL CALL: Ayes – All, the motion carried.

CONTRACT GOSLING CZUBAK

RESOLUTION NO. 2018-72

Bielas/Peltz, to approve the contract with Gosling Czubak and the City of Rogers City for water main flushing.   ROLL CALL: Ayes – All, the motion carried.

ELECTION DEADLINE RESOLUTION

RESOLUTION NO. 2018-73

Bielas/Adair, 

WHEREAS, PURSUANT TO MCL Section 117.3b(3), a city may provide by resolution for any election provision that is consistent with the Michigan election law; and

WHEREAS, the City of Rogers City Charter has a filing deadline for nominating petitions for persons desiring to qualify as candidates for any City elective office of not later than seven weeks prior to the election; and

WHEREAS, the filing deadline of 5:00 p.m. on August 7, 2018 is consistent with State law;

NOW, THEREFORE, BE IT RESOLVED that the City of Rogers City establishes their candidate petition filing deadline to be 5:00 p.m. on August 7, 2018.

The foregoing Resolution declared adopted on July 24, 2018.

ROLL CALL: Ayes – All, the motion carried.

MERS CITY MANAGER

RESOLUTION NO. 2018-74

Nowak/Bielas, to allow the City Manager to borrow from his personal Municipal Employees Retirement System Defined Contribution account.

ROLL CALL: Ayes – All, the motion carried.

ADJOURNMENT:

Mayor McLennan declared the meeting adjourned at 8:10 p.m.

TERRI L. KOSS, CITY CLERK/TREASURER