City Council

FRANKENMUTH CITY COUNCIL

PRESENT: Galsterer, Loeffler, Meyer, Rupprecht, Schmitzer & Zeilinger.

ABSENT: Schoenow.

Mayor Rupprecht called the meeting to order at 7:00 P.M. and opened with the pledge of allegiance.

The Mayor welcomed all in attendance and introduced newly hired Chamber of Commerce President/CEO Jamie Furbush. He also reviewed consent agenda items.

The Mayor reviewed the Council’s meeting rules for persons to speak under the Public Comments section of the agenda which included a five minute time period and that the person was to state their name and provide their address to keep the meeting in an orderly format.

Robert Radziewicz, 521 Geyer Street – Requested the Council consider a special millage to repair or renovate the Memorial Park Pool and place it on the November 4, 2008 ballot. He stated that .1 mill would raise approximately $20,000 per year and over ten years it may be enough to renovate the pool. He estimated that a home with a taxable value of $120,000 would pay about $1 per month. He also stated that perhaps Frankenmuth Township would get involved.

Mark Adams identified himself and requested to speak to the Council about quality of life issues.

The Mayor requested Adams to provide his address and Adams refused citing that the last time he provided his address it was listed in the minutes and placed on the City’s website. Adams continued to speak. The Mayor asked Adams two additional times to provide his address and Adams refused both times and continued to speak.

The Mayor advised Adams that he was out of order and recessed the meeting requesting that Adams be removed from the meeting at 7:09 PM. Frankenmuth Police Department Officer Tony McLaughlin, who was in attendance at the meeting, escorted Adams from the Meeting Chambers.

The Mayor reconvened the meeting at 7:10 PM and advised that he would recognize anyone else wishing to address the Council so long as the rules were followed.

Perry Belchor, 11648 Plasma Drive, Clio, Michigan – Identified himself as a friend of Adams’ and is a videographer for several television stations in the area naming NBC Channel 25 and CBS Channel 5 affiliates. He stated that Adams is concerned about the lack of concern about the pool and has offered to obtain an estimate to repair the pool without Council response. In addition, he mentioned that Adams’ would like the Memorial Park exercise course replaced. He further stated that children want the pool open, that it was a nice pool and questioned why short cut the decision by going directly to demolition of the pool.

The Mayor reviewed the history of the pool since it was built in 1954 and the subsequent renovation in 1988. He advised that since the 1988 renovation, which was to give the pool another five to ten years of life, the pool was able to be opened through the 2006 swimming season. In early 2007, because of being faced with deterioration issues, declining attendance and other viable alternatives being available to the citizens, the Council voted to close the pool. Up until now there has been very little comment about the closing of the pool. Demolition of the pool is listed as a project in the City’s five year capital improvements program and will be considered for implementation in 2009.

There being no further public comments, the Mayor proceeded with the agenda.

Moved by Galsterer, seconded by Meyer, to approve minutes from the regular and work session meetings held on July 1, 2008 and the special meeting held on July 28, 2008. Unanimously carried.

City Manager Graham advised that the Planning Commission has been working on amending the City’s Outdoor Sales regulations with regard to relaxing off-street parking requirements and amending the permit processing procedures to not require a public hearing. These changes are being pursued at the request of the Frankenmuth Chamber of Commerce’s Legislative Committee. The Planning Commission held a public hearing and has recommended that the City Council adopt the revised regulations as submitted.

The Mayor opened the public hearing on the proposed ordinance amendment.

There being no public comments, the Mayor closed the public hearing.

Moved by Meyer, seconded by Galsterer, to adopt Ordinance No. 2008-07 amending Chapter 51 of Title V of the City Code pertaining to Outdoor Sales. Unanimously carried.

City Manager Graham reviewed amendments to the City’s parking regulations pertaining to leased parking. Graham stated that in order to be flexible in meeting off-street parking requirements, the Planning Commission has recommended that the leased parking provision be amended from a required 15 year lease to a five year lease.

The Mayor opened the public hearing on the proposed ordinance amendment.

There being no public comments, the Mayor closed the public hearing.

Discussion took place on the term of the lease period being the only proposed change contained in this amendment.

Moved by Zeilinger, seconded by Loeffler, to adopt Ordinance No. 2008-08 amending Chapter 51 of Title V of the City Code pertaining to Off-street Parking Requirements. Unanimously carried.

City Manager Graham advised that as a result of a recommendation from the Planning Commission to be proactive in strengthening the City’s Zoning Code with regard to sexually oriented businesses, they are proposing that the City adopt regulations for such businesses that limit their locations not only geographically by prohibiting them from locating within 600 feet of each other and residential neighborhoods and parks, but also limit them to only B-3 Highway Commercial Business and Industrial Zoning Districts. Because of numerous case law and legal challenges around the country as a result of the adverse impact they could have on local business districts, the City Attorney has advised that the City cannot prohibit this type of activity from within the City limits, but can regulate the location thereof.

The Mayor opened the public hearing on the proposed ordinance amendment.

There being no public comments, the Mayor closed the public hearing.

City Manager Graham advised that as a result of a recommendation from the Planning Commission after much research and review, they are proposing that the City adopt regulations to prohibit sexually oriented businesses within the O Office, B-2 Local Business, SU Special Use, CL-PUD Commercial Local, CT-PUD Commercial Tourist, I-PUD Industrial and the I-S-PUD Industrial Special Use Planned Unit Development Districts because of the adverse impact they could have on local business districts.

The Mayor opened the public hearing on the proposed ordinance amendment.

There being no public comments, the Mayor closed the public hearing.

Moved by Loeffler, seconded by Meyer, to adopt Ordinance No. 2008-09 amending Chapter 51 of Title V of the City Code pertaining to Adult Entertainment Businesses in B-3 and I Zoning Districts. Ayes: 5. Nays: 1. Absent: 1. Carried.

Moved by Loeffler, seconded by Galsterer, to adopt Ordinance No. 2008-10 amending Chapter 51 of Title V of the City Code pertaining to Adult Entertainment Businesses in ALL Commercial Zoning Districts except B-3 and I. Ayes: 5. Nays: 1. Absent: 1. Carried.

EDC Board Vice-Chair Jerry Thompson presented the Economic Development Corporation’s 2007-2008 annual report.

Moved by Meyer, seconded by Schmitzer, to accept the annual report of the Economic Development Corporation and to express the Council’s appreciation for their continued dedication. Unanimously carried.

Police Chief Mawer was unable to attend; however, his department activities report for June was available for review, Treasurer Deterding reviewed the July financial report and Clerk Kerns reviewed the construction code activity for the month of July.

Moved by Schmitzer, seconded by Galsterer, to accept the Police, Treasurer’s and Construction Codes monthly reports as submitted. Unanimously carried.

The Mayor reviewed the process to adopt the proposed five year Recreation Master Plan for the Frankenmuth Area. The Parks & Recreation Commission has recommended approval of the plan after conducting a community survey, holding a public meeting at the Wickson Memorial Library, holding a public hearing at their July 23, 2008 Commission meeting and making several minor changes as reviewed by the Mayor.

Moved by Galsterer, seconded by Loeffler, to adopt Resolution No. 2008-73 approving the Recreation Master Plan.

Discussion took place on placing a question on the ballot to repair the pool.

Ayes: 5. Nays: 1. Absent: 1. Carried.

City Manager Graham advised that this agreement for access to the rear parking area of the Chamber of Commerce property at 635 & 637 S. Main Street corrects a technicality that exists whereby the Chamber does not have legal access to their property from S. Main Street.

Schmitzer requested to abstain from this matter and the next matter pertaining to a Chamber of Commerce loan due to her being the Chairperson of the Chamber of Commerce.

Moved Loeffler, seconded by Meyer, to allow Schmitzer to abstain from voting on this matter because of her position with the Chamber of Commerce. Unanimously carried.

Moved by Loeffler, seconded by Zeilinger, to adopt Resolution No. 2008-74 approving access across City owned property to the Chamber of Commerce property at 635 and 637 S. Main Street. Unanimously carried. Schmitzer abstained.

City Manager Graham advised that the Chamber of Commerce is requesting to refinance their 2003 loan from the Frankenmuth Credit Union in order to finance planned improvements to their building. The 2003 loan was for $175,000 and the new loan will be for $250,000. Approval is required by the City Council because the property is owned by the City and leased to the Chamber.

Moved by Galsterer, seconded by Meyer, to adopt Resolution No. 2008-75 consenting to a loan agreement between the Chamber of Commerce and the Frankenmuth Credit Union. Unanimously carried. Schmitzer abstained.

Moved by Meyer, seconded by Schmitzer, to adopt Resolution No. 2008-76 appointing City Clerk Phillip Kerns as the M.E.R.S. of Michigan officer delegate for 2008-2009; to adopt Resolution No. 2008-77 approving a street banner on Weiss Street near the entrance to Heritage Park and temporary directional signs for the 2008 Summer Music-Fest to be located on Weiss Street (at Heritage Park & near Bavarian Inn Lodge), Weiss & M-83, and Jefferson & Weiss from August 8-16, 2008; to adopt Resolution No. 2008-78 approving a Main Street over-the-street banner and temporary directional signs for the 2008 Country Street Machines Car Show from September 5-7, 2008; to adopt Resolution No. 2008-79 approving the 2008 Johnny Burke Children's Charity Clam & Lobster Fest at Eddie Zehnder Park on Friday, October 10, 2008 from 4:00 PM to 12:00 PM and Saturday, October 11, 2008 from 12:00 P.M. to 10:00 P.M.; to adopt Resolution No. 2008-80 issuing a permit to the Johnny Burke Children’s Foundation to erect an overhead street banner on Main Street for the 2008 Clam & Lobster Fest, as requested; to adopt Resolution No. 2008-81 approving temporary directional signs for the 2008 Fowl Fest located at Grandpa Tiny’s Farm from October 10-12, 2008; to adopt Resolution No. 2008-82 approving temporary directional signs for the 2008 Holiday Home Tour on Saturday, December 6, 2008; to adopt Resolution No. 2008-83 authorizing the City Clerk to cast the ballot for the Michigan Municipal Worker's Compensation Fund Trustees on behalf of the City of Frankenmuth; and to adopt Resolution No. 2008-84 designating the City Manager and City Clerk as the City’s official representatives on the Saginaw County Geographical Information Systems Authority Board of Trustees. Unanimously carried.

Moved by Meyer, seconded by Loeffler, to adopt Resolution No. 2008-85 approving the installation of a storm sewer extension in Memorial Park for $28,847 to Hausbeck Excavating of Reese, Michigan. Unanimously carried.

City Manager Graham explained Public Act 116 and the farmland tax credits available to farmers; however, any land within three miles of the City limits must also be approved by the City of Frankenmuth.

Moved by Meyer, seconded by Schmitzer, to adopt Resolution No. 2008-86 approving a farmland and open space application for 47.4 acres owned by to Roger M. & Joanmarie Weiss in Section 20 of Frankenmuth Township. Unanimously carried.

Moved by Schmitzer, seconded by Meyer, to appoint Tim Hildner, Gary Zeilinger, David A. Johnston and Tim Dils to the Economic Development Corporation, terms expiring August 9, 2011. Unanimously carried.

Moved by Galsterer, seconded by Meyer, to appoint Jamie Furbush to fill the vacancy created by Jennifer Tebedo’s resignation from the Economic Development Corporation, term expiring August 9, 2009. Unanimously carried.

The Mayor reviewed the need to begin planning for the City’s 50^th Anniversary celebration on October 1, 2009, similar to the one done for the 25^th Anniversary, and the need for the committee to budget for the celebration in the 2009-2010 fiscal year.

Moved by Galsterer, seconded by Zeilinger, to appoint Councilmembers Meyer, Schmitzer and Schoenow, City Manager Graham and City Clerk Kerns to the City’s 50^th Anniversary Celebration Ad Hoc Committee. Unanimously carried.

It was noted that additional appointments to this Committee will be considered in the future.

Moved by Loeffler, seconded by Galsterer, to approve payment of the bills for July 2008 in the amount of $1,624,564.50. Unanimously carried.

1. City Manager - Monthly Report.

2. Quality of Life related issues dated July 3, July 25, August 1 & August 4, 2008 - Mark Adams.

1. Election Commission – July 8, 2008.

2. Library Board – July 14 & July 22, 2008.

3. Parks & Recreation Commission – June 25, 2008.

4. Planning Commission – July 29, 2008.

5. Transportation Advisory Committee – February 26, 2008.

6. Frankenmuth Chamber of Commerce Board – June 18, 2008.

There being no further business or public comment, the meeting was adjourned at 8:35 P.M.

Phillip W. Kerns

City Clerk